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FLORIDA GAS AND ELECTRIC CORPORATION - BID 04-08 - CONTRACT FOR INSTALLATION OF GAS MAINS, SERVICE LINES AND HOUSE PIPING AT VARIOUS LOCATIONS� � �' � � � � � ! CONTRACT DOCUMENTS FOR Clearwater Gas System Installation of Gas Mains, Service Lines and House Piping at Various Locations Bid Number 04-08 Bid Date: December 19, 2007 Bid Time: 11:OOAM Prepared by: Clearwater Gas System 400 North Myrtle Avenue Clearwater, Florida 33758 Date: December 28, 2007 LJ � �� L� Section 00020 00100 00100.01 00100.02 00100.03 00100.04 00100.05 00100.06 00100.07 00100.08 00100.09 00100.10 00100.11 00100.12 00100.13 00100.14 00100.15 00100.16 00100.17 00100.18 00100.19 00100.20 00100.21 00140 TABLE OF CONTENTS Description INVITATION TO BID INSTRUCTIONS TO BIDDERS Qualifications of Bidder Bidder's Responsibility Site Conditions Omissions and Discrepancies Bid Items and Estimated Quantities Approved Materials and Equipment Sample of Materials Proposal Form Withdrawal of Proposals Bid Security Opening of Proposals Method of Award Execution of Contract Time of Completion Liquidated Damages Extensions of Time Certificate of Insurance Detailed Breakdown Sheet and Schedule of Prices Existing Materials and Equipment Qualifications of Bidders Standards SUMMARY OF INFORMATION TO BIDDERS 00140.01 Obtaining Plans and Specifications 00140.02 Owner � 00140.03 Contract 00140.04 Bid Security 00140.05 Time of Completion 00140.06 Insurance Required 00140.07 Scope of Work 00300 BID FORMS 00310 ProposalForm 00320 Bid Schedule Page 00020-1 00100-1 00100-1 00100-1 00100-2 00100-2 00100-2 00100-3 00100-3 00100-3 00100-4 00100-4 00100-4 00100-4 00100-5 00100-5 00100-5 00100-5 00100-6 00100-6 00100-6 04100-6 00100-6 00140-1 00140-1 00140-1 00140-1 00140-1 00140-1 00140-1 00140-2 � � ��II�I 00310-1 00320-1 TABLE OF CONTENTS Section Description 00300 BID FORMS (Continued) 00330 Florida Trench Safety Act Acknowledgment 00340 Public Entity Crimes Statement 00400 BID SECURITY 00410 Certified Check, Cash or Bid Bond 00500 CONTRACT FORMS 00510 Agreement 00520 Contractor's Affidavit 00530 Contractor's Release 00540 Statement of Surety Company 00600 BONDS AND CERTIFICATES 00610 00620 00700 00700.01 00700.02 00700.03 00700.04 00700.05 00700.06 00700.07 00700.08 00700.09 00700.10 00700.11 00700.12 00700.13 00700.14 00700.15 00700.16 00700.17 Performance - Payment Bond Certificate of Insurance GENERAL CONDITIONS Definitions Extent of Contract Obligations of Contractor Subcontracts Separate Contracts Bonds Additional or Substitute Bond Insurance Proof of Insurance Accidents and Claims Mutual Responsibility of Contractors Contractor's Liability Familiarity with Contract Requirement Patent Rights Permits and Licenses Laws and Regulations Dimensions and Elevations Page 00330-1 00340-1 00410-1 00510-1 00520-1 00530-1 00540-1 00610-1 00620-1. 00700-1 00700-2 00700-2 00700-3 00700-3 00700-3 00700-4 00700-4 00700-5 00700-5 00700-5 00700-6 00700-6 00700-6 00700-7 00700-7 00700-7 � �. � � � � � � � � � Section 00700 00700.18 00700.19 00700.20 00700.21 00700.22 00700.23 00700.24 00700.25 00700.26 00700.27 00700.28 00700.29 00700.30 00700.31 00700.32 00700.33 00700.34 00700.35 00700.36 00700.37 00700.38 00700.39 00700.40 00700.41 00700.42 00700.43 00700.44 00700.45 00700.46 00700.47 00700.48 00700.49 00700.50 00800 00900 TABLE OF CONTENTS Description GENERAL CONDITIONS (Continued) Plans, Specifications and Shop Drawings Drawings and Specifications Furnished to Contractors Working Schedules and Progress Charts Supervision and Responsibility of the Contractor Serving Notice Authority of Engineer Observation of the Work Examination of the Work Protection of the Work and Property Use of Completed Portions The Owner's Right to Do Work Alteration of Plans Unauthorized Work Claims for Extra Cost Changes in the Work Extra Work/Increased Compensation Suspension of Work Defective Work or Materials Abandonment of Work Forfeiture of Contract The Owner's Right to Terminate Contract Contractor's Right to Stop Work or Tertninate Contract No Waiver of Contract No Estoppel Time for Completion Completion of Work Defined Delays and Extensions of Time Liquidated Damages Prices Partial Estimates and Payments Payments Withheld Liens and Final Payments Final Approval and Acceptance of the Work SUPPLEMENTARY CONDITIONS ADDENDA Page 00700-7 00700-8 00700-8 00700-9 00700-10 00700-10 00700-10 00700-11 00700-12 00700-13 00700-13 00700-13 00700-14 00700-14 00700-14 00700-15 00700-15 00700-16 00700-16 00700-16 00700-17 00700-17 00700-17 00700-17 00700-18 00700-18 00700-18 00700-18 00700-19 00700-19 00700-19 00700-20 00700-21 00800-1 00900-1 TABLE OF CONTENTS Section Description DIVISION 1 GENERAL REQUIREMENTS 01000.01 01000.02 01000.03 01000.04 01000.05 01000.06 01000.07 01000.08 01000.09 01000.10 O 1000.11 01000.12 01000.13 01000.14 01000.15 O1000.16 01000.17 01000.18 01000.19 01000.20 01000.21 Traffic Control Materials, Equipment and Labor Progress Photographs Standards Storage of Materials and R.ights-of-Way Utilities Safety and Health Regulations Use of Chemicals By-Passing of Sewage Dewatering and Sewage Pumps Lines, Grades and Construction Surveying Tests Water and Power Monuments and Landmarks Detours Existing Utilities Sanitary Measures Cleaning Up Failure to Clean Up Restoration of Surface Project Record Drawings DIVISIONS 2 - 16 SPECIFICATIONS Page O l 000-1 O 1000-1 O 1000-2 O 1000-2 01000-2 O 1000-3 O 1000-3 O 1000-3 O 1000-3 O 1000-3 O 1000-4 O 1000-4 O 1000-4 01000-4 01000-5 O 1000-5 O 1000-5 O 1000-5 01000-6 01000-6 01000-6 � � SECTION 00020 INVITATION TO BID '� Sealed proposals will be received at the City of Clearwater, Purchasing Department, 100 South �� Myrtle Avenue, Clearwater, Florida 33756, in Pinellas County, until on at which time and place they will be publicly opened and read aloud in � the Conference Room, 100 South Myrtle Avenue, Clearwater, Florida 33756, for furnishing necessary labor, materials, incidental items, and equipment for the City of Clearwater: Gas � System, Installation of Gas Mains and Service Lines at Various Locations. Specifications and �' Contract Documents may be obtained from the City of Clearwater, Florida 33756, at no charge and are available on-lme @ www.myclearwater.com Click on "Onlme Services Current Bids and RFP's, then the Bid number. Questions regazding this bid should be directed to Thomas K. � Sewell, Director of Operations -(727) 562-4912. Sealed bids must be submitted on proposal forms as provided (or exact copies thereo� marked Installation of Gas Mains, Service Lines and � House Piping at Various Locations, for the City of Clearwater, Florida. All praposals must be accompanied by a certified check, bank draft, or bid bond in the amount of � ten percent (10%) of the base bid, made payable to the City of Clearwater. Which check, bank draft or bid bond shall guarantee that should the proposal be accepted, the bidder will, within ten (10) days after the acceptance of his proposal, enter into a contract with the City of Clearwater � for the services proposed to be performed and will at that time furnish performance and payment bonds each in the amount of 30 percent (30%) of the contract, made payable to the City of r Clearwater, Florida, which bonds shall be adequate to guarantee the faithful performance of the contract. Proposals may be withdrawn prior to the date of opening, but no proposal may be withdrawn for � a period of ninety (90) days after the date of the opening of bids. � � � Plans, specifications and bid forms may be obtained from City of Clearwater, Purchasing Department, located at 100 South Myrtle Avenue, Clearwater, Florida 33756, at no charge. The City of Clearwater reserves the right to waive any informalities or to accept or reject any or all bids in part or in total and award the contract in the best interest of the City. : Date: � � SECTION 00100 INSTRUCTIONS TO BIDDERS 00100.01 QUALIFICATIONS OF BIDDERS Bidders shall have successfully completed two (2) contracts for similar work in an amount not less than one hundred per centum (100%) of the amount of the proposal contract during the past three years. � Bidders shall have received Contract Documents from the Engineer. The Owner may make such � investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner any additional information and financial data for this purpose as the Owner may require. The data shall include a detailed and up-to-date list of � equipment the bidder proposes to use, indicating which portions he already possesses and a detailed description of the method and program of the work he proposes to follow. If such an investigation fa.ils to satisfy the Engineer or Owner that the bidder is properly qualified � to complete the work described in the drawings and specifications or to meet the financial obligations of such a contract, the bid may be rejected. In the event the bidder fails, refuses, or �; neglects to submit the requested additional information within ten (10) days of the date of any request for submission, the bidder's proposal guarantee shall be forfeited to the use of the Owner, not as a penalty, but as liquidated damages. � 00100.02 BIDDER'S RESPONSIBILITY Each bidder shall familiarize himself with all the attached forms, Instructions, General Provisions, Specifications, Drawings, etc., as he will be held responsible to fully comply therewith. Each bidder must visit the site of the proposed work and thoroughly acquaint himself with conditions affecting the work, all utilities in existence to which connections are to be made, all other requirements of the contract, and obtain all information necessary for completion of the work on or before the date specified. Each bidder shall also make himself familiar with all Federal, State, Local and Municipal laws, ordinances, rules and regulations which in any manner affect the work, those engaged or employed in the work, or the materials or equipment used in or upon the work. If the bidder or Contractor shall discover any provision in the plan, specification, or other contract documents which is contrary to, or inconsistent with, any such law, ordinance, rule, or regulation, he shall immediately report it to the Engineer in writing. The Contractor shall not at any time after the execution of his contract set up any claims whatever based upon insufficient data or incorrectly assuming conditions, nor shall he claim any misunderstanding in regard to the nature, conditions or character of the work to be done under the contract, and he shall assume all risks resulting from any changes in the conditions which may occur during the progress of this work. � � \0083-04.08 00100.03 SITE CONDITIONS Any information on site or soil conditions made available to the prospective bidders through data collected by test borings and presented on the Engineer's drawings or available in preliminary reports prepared by the Engineer or obtained verbally from a representative of the Owner or the Engineer does not guarantee that such site or soil conditions will be as described, and are made available only upon waiver of all responsibility of the Owner and Engineer. It is the Contractor's sole risk and responsibility to verify such information in order that he may complete the project as specified and shown on the contract documents. Under no condition will a variation in the information obtained by the Engineer on site or soil conditions, including underground soil conditions at the job site, be accepted as a basis in any claim for extra compensation. 00100.04 OMISSIONS AND DISCREPANCIES Should a bidder find discrepancies in, or omissions from the drawings or other Contract Documents, or should he be in doubt as to their meaning, he should at once notify the Engineer. All notice of omissions or discrepancies or request for clarification must be forwarded to the Engineer in writing not less than six (6) days before the advertised date of the opening of bids. Such clarification and corrections as are necessary will be issued in the form of an Addendum to the Contract Documents and will be forwarded to all prospective bidders. Any Addendum so prepared and forwarded shall be a part of the Contract Documents. Neither the Engineer nor the Owner will be responsible for any other explanation or clarification of the Contract Documents. 00100.05 BID ITEMS AND ESTIMATED QUANTITIES The Owner may increase, decrease or omit the estimated quantity of the work to be done under any item in the best interests of the project and the unit price as submitted in the proposal shall be the unit price which the Contractor will receive for any work specified to be done under that item. All work herein specified or implied in any way in the drawings or specifications shall be done regardless of whether or not the work is specifically defined in any bid item. The Contractor agrees that the estimated quantities shown in the Bid Schedule are only for the purpose of comparing bids and that he/she is satisfied with, and will at no time dispute, the said estimates as means of comparing the aforesaid bids, that he/she will make no claim for loss of profits or anticipated profits because of any difference between the said estimated quantities and the quantities of various classes of work actually furnished or performed, that the Owner shall not be held responsible if any of the said estimated quantities should vary by any amount from those actually measured during performance of the work. \0083-04.08 � � � � �J � � LJ � �` LJ 00100.06 APPROVED MATERIALS AND EQUIPMENT Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, etc., it is intended to establish a standard of quality and it will be presumed, unless specifically excepted by the bidder, that the base bid includes the materials or articles so named, and that the Contractor's proposal, if accepted, will constitute a contractual obligation to furnish the standard named materials or articles and no other. To assist the Engineer in making an adequate evaluation, the bidder shall submit with his proposal, at the time bids are received, detailed information and data on the items he proposes to furnish as equally acceptable to the named terms. The data furnished shall include as applicable and needed for evaluation, manufacturer's name, model identification, descriptive brochures, specifications, performance data, guaranteed efficiencies, and list of installations in similar service. Such alternate material, article or piece of equipment sha11 not be purchased or installed by the Contractor without the Engineer's written approval. Any revisions to the Drawings as a result of alternate equipment shall be at the expense of the Contractor. 00100.07 SAMPLE OF MATERIALS Before any contract is awarded, the bidder may be required to furnish a complete statement of the origin, composition and manufacture of any or all materials to be used in the work, together with samples, which samples may be subjected to the tests provided for in these specifications to determine their quality and conformity to the plans and specifications. 00100.08 PROPOSAL FORM All bids must be submitted on photocopies of the proposal form bound within these specifications. No proposal will be considered which is submitted otherwise than on the prepared proposal form and in the designated manner. The blank spaces in the proposal shall be filled in correctly where indicated for each and every item for which a description is given, and the bidder must state the prices for which he proposes to do each part of the work contemplated, and the total amount for all the parts included in any or all of the combinations of the work. In case of discrepancy, the written words or "Unit Price", where stated, shall be considered as being the bid price. The bidder shall sign his proposal correctly. If the proposal is made by an individual in addition to his signature his post office address must be shown; if made by a firm or partnership, the post office address of each member of the firm or partnership; if made by a corporation, the person signing the proposal must be President or Vice-President of the corporation. No proposal will be considered which is not based upon the complete plans and specifications, or which contains any qualifying letter or written memorandum not permitted in these specifications, or which is not properly made out and signed in writing by the bidder. The proposal shall be submitted in a sealed envelope bearing the name of the Contractor and describing the project for which the proposal is being submitted. Proposals will be accepted by registered mail, and then only if the proposal is enclosed in another sealed envelope contained within the mailing envelope and is delivered to the Owner prior to the time established for opening bids. \0083-04.08 00100.09 WITHDRAWAL OF PROPOSALS Bidders will be given permission to withdraw any proposal after it has been received by the Owner, provided the bidder, or his agent duly authorized to act for him, personally appears before the Owner with a written request prior to the time set for the opening of bids. At the time set for the opening of proposals the withdrawn proposal will be returned unopened to the bidder. 00100.10 BID SECURITY Each proposal must be accompanied by the bidder's bid bond or certified check made payable to the Owner in the amount specified in the proposal form, which sum will serve as bid security and will be forfeited to the Owner as liquidated damages in the event an award is made and the contract and bonds are not promptly and properly executed as required in the specifications. All certified checks, except those accompanying the two lowest bids, will be returned by certified mail to the unsuccessful bidders within seven (7) days after the date of the bid opening. (If the signing of the contract be deferred for a period exceeding two (2) weeks, and the second low bidder desires to substitute a bid bond for his certified check and the bid bond fully guarantees his bid, he shall be permitted to do so). The certified checks accompanying the two low bids will be returned within three (3) days after the Owner and the successful bidder have executed the contract. In the event no contract award is made within the time limit specified, each certified check or bid bond will be returned upon the demand of the bidder. 00100.11 OPENING OF PROPOSALS All proposals will be publicly opened and read, on the date, at the place and commencing at the time stated in the advertisement. Bidders or their authorized agents should be present. The Owner reserves the right to reject any or all bids or parts thereof. Proposals may be rejected if they show any omissions, alterations of form, additions or deductions not called for, conditional or uninvited alternate bids, or irregularities of any kind. Proposals in which the prices are unbalanced may be rejected. The Owner reserves the right to accept the bid that will best serve his interests. 00100.12 METHOD OF AWARD Bids will be compared on the basis of the total costs of estimated quantities established in the proposal form, constructed at the unit or lump sum prices bid for the various items listed. The contract will be awarded to that responsible bidder whose proposal totals the lowest number of dollars for a complete installation. The successful bidder will be officially notified in writing by the Owner of the acceptance of his proposal and award of contract. This notification will be made within the time limit set up in the contract documents. 00100.13 EXECUTION OF CONTRACT \0083-04.08 ,�, � � � � � � � � � � � � The bidder to whom the contract is awarded must, within ten (10) calendar days following Notice of Award, present himself to the place designated in the official Notice of Acceptance, for � signing of the contract, and to substitute for the bid security, a surety performance and payment bond in the amount of thirty per centum (30%) of the contract price of the work, conditioned that the Contractor will faithfully perform all work of this contract and promptly pay for all materials � furnished and labor supplied or performed in the execution of all work. All bonds and insurance shall be issued by companies authorized to transact business in the State of Florida. � L �l � If the lowest responsible bidder to whom the contract is awazded fails to give bonds or execute the contract within the time specified, the amount of the proposal guarantee shall be forfeited to the Owner, not as a penalty but as liquidated damages. 00100.14 TIME OF COMPLETION The successful Contractor shall commence work under his contract on a date to be specified in a written order from the Owner or his authorized representative, which order will also establish the completion date in accordance with the total number of consecutive calendar days established as a working period in the proposal. The Contractor shall have at least two (2) weeks notice of this commencement date and shall fully complete the work described in these plans and specifications on, or prior to, the completion date. If the Contractor fails to commence work within seven (7) days of the announcement of the official starting date, this shall be just cause for the annulment of the contract. 00100.15 LIQUIDATED DAMAGES Should the Contractor fail to complete his work on or before the expiration of the date set for completion or as provided in the Contract Documents covering extension of time, then the Owner may retain as liquidated damages the amount established in the proposal form, which amount is agreed upon as the costs which the Owner will sustain per diem by the failure of the Contractor to complete the work at the time stipulated and the sum is not to be construed as in any sense a penalty. 00100.16 EXTENSIONS OF TIME If the Contractor shall be delayed at any time in the progress of the work by any cause beyond the Contractor's control and without his fault or negligence, including but not restricted to any act or neglect of the Owner, or of his employees, or by any other contractor employed by the Owner, or by changes ordered in the work; acts of God or of the public enemy, fires, floods, epidemics, guarantines, strikes, lockouts, riots, civil commotions or freight embargoes or by delay authorized by the Owner, or by any cause which the Owner shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Owner shall decide. No such extensions of time shall be deemed a waiver by the Owner of its right to terminate the contract for abandonment or delay by the Contractor as herein provided or relieve the Contractor from full responsibility for performance of his obligations hereunder. � \0083-04.08 The Owner shall determine the number of calendar days, if any, that the Contractor is in default in completing the work to be done under this contract. The decision of the Owner shall be final in the case and shall be binding and conclusive upon all parties to the contract. 00100.17 CERTIFICATE OF INSURANCE The successful bidder shall submit certificates or other documentary evidence to the Owner for approval, covering Workmen's Compensation Insurance, Public Liability, Property Damage Insurance, and Special Hazard Insurance, in the amounts specified on the "Summary of Information to Bidders." 00100.18 DETAILED BREAKDOWN SHEET AND SCHEDULE OF PRICES The successful bidder shall submit, in a mutually acceptable form, a detailed breakdown sheet and schedule of prices of the proposed construction work. Until the Owner approves the breakdown, the Owner will not be obligated to make any payments to the bidder. 00100.19 EXISTING MATERIALS AND EQUIPMENT All existing materials and equipment not specified for the complete construction of the project, or shown on the plans to be retained or reused, shall remain the property of the Owner and shall be placed on the project site as the Owner may direct. 00100.20 QUALIFICATIONS OF BIDDERS In addition to qualifications previously set forth in these specifications, no bid will be considered unless the bidder, whether resident or non-resident of Florida, is properly qualified to submit a proposal for this construction in accordance with all applicable laws of the Municipality, County, and the State of Florida. 00100.21 STANDARDS This project shall be completed in accordance with these specifications unless noted or otherwise directed by the Owner or his authorized representative. The decision of the Owner in interpreting these specifications shall be final. �ooas-oa.os � �' � LJ � ��; SECTION 00140 SUMMARY OF INFORMATION TO BIDDERS 00140.01 - OBTAINING PLANS AND SPECIFICATIONS Specifications, Proposal Forms, Drawings, and other contract documents may be examined at the City of Clearwater, Purchasing Department, 100 South Myrtle Avenue, Clearwater, Florida, 33756. A complete set of bidding documents may be obtained at the office of City of Clearwater, Purchasing Department, 100 South Myrtle Avenue, Cleaxwater, Florida 33756. 00140.02 - OWNER The Owner for this project is the City of Clearwater, 100 South Myrtle Avenue, Clearwater, Florida, 33756. 00140.03 - CONTRACT The contract is entitled "Installation of Gas Mains, Service Lines and House Piping at Various Locations". 00140.04 - BID SECURITY Each Bidder must deposit with his bid a bid bond in the amount of ten percent (10%) of the bid total, made payable to the City of Clearwater. All bids may be held for a period of _ days after receipt. 00140.05 - TIME OF COMPLETION The time of completion for this contract is January 15, 2008 to February 1, 2009. INSURANCE REQUIREMENTS The insurance requirements for this contract include but are not limited to the following: Liabilitv Insurance. The following Liability Insurance shall be provided, paid for, and maintained during the entire contract period: Comprehensive General Liability and Auto Liability Insurance on an"occurrence" basis � in an amount not less than $1,000,000 combined single limit Bodily Injury and Property Damage Liability Insurance. � � � \0083-04.08 Worker's Compensation Insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida Law. Professional Liability/Malpractice/Errors or Omissions Insurance, as appropriate for the type of business engaged in by the vendor, shall be purchased and maintained by the vendor with minimum limits of $500,000 per occurrence. Additional Insured. The City is to be specifically included as an additional insured on all Liability Insurance coverage described above. Notice of Cancellation or Restriction All Insurance policies must be endorsed and provided to the City with thirty (30) days notice of cancellation or restriction. Certificates of Insurance/Certified Copies of Policies. The contractor sha11 provide the City with a certificate or certificates of insurance showing the existence of the coverage described above. The contractor shall maintain this coverage with a current certificate or certificates of insurance throughout the term of the contract with the City. When specifically requested by the City in writing, the contractor will provide the City with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies shall be provided to the City whenever any policy is renewed, or obtained from other insurers. The certified copies will be provided to: City of Clearwater Attention: City Clerk P.O. Box 4748 Clearwater, Florida 34618-4748 The contractor shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from any performance under this contract, or a subsequent purchase order entered into by the City and the contractor, its employees, subcontractors, or assigns, including legal fees, court costs, or other legal expenses. The contractor acknowledges that it is solely responsible for complying with the terms of this contract or purchase order. In addition, the contractor shall, at its expense, secure and provide to the City, when requested all insurance coverage in this contract. Any party providing services or products to the City will be expected to enter into a written agreement, contract, or purchase order that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance requirements as contained herein. A failure to do so may, at the sole option of the City, disqualify any contractor, bidder or provider of services and/or products to the City. 00140.07 - SCOPE OF WORK The work to be performed under these contracts shall consist of the furnishing of all labor and equipment necessary to satisfactorily complete the City of Clearwater: Installation of Gas Mains and Service Lines at Various Locations, including written logs and testing in accordance with these plans and specifications. All workmanship shall be fully guaranteed for a period of one year after date of acceptance by the Owner. All Testin� shall be naid bv the Contractor All Professional Survevin� shall be naid by the Contractor \0083-04.08 � � � � � � � � i ,� � �_� CITY OF CLEARWATER BID 04-OS - GAS MAIN AND SERVICE LINE INSTALLATION OPEN DATE: DECEMBER 19, 2007 - 11:00 AM ITEM DESCRIPTION QUANTITY EST. SERVICES/PLASTIC 5/S INCH 1 INCH 2 INCH TOTAL SERVICES/PLASTIC MAINS PLASTIC 2 INCH 4 INCH 6 INCH TOTAL MAINS/PLASTIC CASING PUSH/MISSILE 2 INCH DIRECTIONAL BORE 2 INCH 4 INCH 6 INCH 121NCH (CASING) TOTAL - DIRECTIONAL BORE WELD TAPPING TEES 2 INCH WILLIAMSON 5/8 WELD PUNCH TEES 3/4 WELD PUNCH TEES 1 WELD PUNCH TEES TOTAL - TAPPING TEES OTHER PAY ITEMS LINE AND GRADE SURVEY LP/TANK METER PROTECTION TOTAL - OTHER PAY ITEMS EXTRA DEPTH DITCH 37" TO 48" DEPTH (PER FOOT) 49" TO 60" DEPTH (PER FOOT) 61" TO 72" DEPTH (PER FOOT) DENSITY, IF REQUIRED, TESTING SHORING IF REQUIRED INSTALL WELL POINT HEADER PIPE WELL POINT RUNNING TIME TOTAL - EXTRA DEPTH DITCH PER UNIT SOD BAHIA/FLORATAN RESIDENTIAL METER SERVICE TEE TOTAL-SOD MASTEC NORTH AMERICA TAMPA. FLORIDA UNIT TOTAL PRICE PRICE 8,000 ft $ 4.75 6,000 ft $ 5.00 2,000 ft $ 5.00 25,000 ft $ 5.00 5,000 ft $ 5.50 14,000 ft $ 7.00 6,000 ft $ 9.50 $ 38,000.00 $ 30,000.00 $ 10,000.00 $78,000.00 $ 125,000.00 $ 27,500.00 $ 98,000.00 $ 250,500.00 $ 57,000.00 A & L UNDERGROUND THONOTOSASSA, FLORIDA UNIT TOTAL PRICE PRICE $4.40 $35,200.00 $4.40 $26,400.00 $6.00 $12,000.00 $73,600.00 $5.15 $128,750.00 $6.00 $30,000.00 $7.20 $100,800.00 $259,550.00 $8.00 3,000 ft $ 13.75 $ 41,250.00 $11.00 5,000 ft $ 16.50 $ 82,500.00 $14.00 5,000 ft $ 16.50 $ 82,500.00 $17.00 1,500 ft $ 37.00 $ 55,500.00 $16.91 $ 261,750.00 30 ea $ 10.00 $ 300.00 $144.00 30 ea $ 10.00 $ 300.00 $144.00 30 ea $ 10.00 $ 300.00 $144.00 50 ea $ 10.00 $ 500.00 $144.00 $1,400.00 20 hrs $ 120.00 100 ea $ 25.00 1 ft $ 6.00 1 ft $ 8.00 1 ft $ 13.00 1 sq.ft. $ 5.00 1 ft $ 20.00 1 ft $ 100.00 1 day $ 500.00 80,000 sq.ft. $ 0.75 750 ea $ 60.00 500 ea $ 85.00 $ 2,400.00 $ 2,500.00 $ 4,900.00 $ 6.00 $ 8.00 $ 13.00 $ 5.00 $ 20.00 $ 100.00 $ 500.00 $ 652.00 $ 60,000.00 $ 45,000.00 $ 42,500.00 $ 147,500.00 PAGE 1 $138.00 $40.00 $8.00 $9.50 $12.00 $5.00 $18.00 $22.00 $600.00 $0.75 $80.00 $145.00 $48,000.00 $33,000.00 $70,000.00 $85,000.00 $25,365.00 $213,365.00 $4,320.00 $4, 320.00 $4,320.00 $7,200.00 $20,160.00 $2,760.00 $4,000.00 $6,760.00 $8.00 $9.50 $12.00 $5.00 $18.00 $22.00 $600.00 $674.50 $60,000.00 $60,000.00 $72,500.00 $192,500.0 CITY OF CLEARWATER BID 04-08 - INSTALL GAS MAINS OPEN DATE: DECEMBER 19, 2007 SURFACE RESTORATION ASPHALT (PER INCH THICK) LIMEROCK (PER INCH THICK) CONCRETE SHELL BRICK REMOVAL BRICK REPLALCEMENT SEED & MULCH TOTAL - SURFACE RESTORATION PIPE REMOVAL 2 INCH 4 INCH 6 INCH TOTAL - PIPE REMOVAL UNDERGROUND EXTERIOR PIPING 5/8 INCH (PER FOOT) 1 INCH (PER FOOT) 1 1/4 INCH (PER FOOT) 2 INCH (PER FOOT) SERVICE TEES SOD BAHIA/FLORATAN PER SQ.FT. TOTAL - UNDERGROUND PIPING GRAND TOTAL START DATE: PAYMENT TERMS: BID BOND SUBMITTED: MASTEC NORTH AMERICA TAMPA, FLORIDA UNIT TOTAL PRICE PRICE 10,000 sq.ft. $ 2.75 $ 27,500.00 10,000 sq.ft. $ 0.40 $ 4,000.00 2,000 sq.ft. $ 9.00 $ 18,000.00 1,000 sq.ft. $ 0.50 $ 500.00 1,000 sq.ft. $ 0.25 $ 250.00 2,000 sq.ft. $ 0.25 $ 500.00 10,000 sq.ft. $ 0.10 $ 1,000.00 $ 51,750.00 750 ft $ 1.00 1000 ft $ 1.00 500 ft $ 1.00 1,000 ft $ 4.50 5,000 ft $ 5.00 7,500 ft $ 5.50 12,000 ft $ 5.00 100 ea $ 50.00 10,000 sq.ft. $ 0.50 ADVERTISED: ST. PETERSBURG TIMES DECEMBER 6, 2007 myclearwater.com 11/26/2007 - 12/19/2007 PAGE 2 $ 750.00 $ 1,000.00 $ 500.00 $ 2,250.00 $ 4,500.00 $ 25,000.00 $ 41,250.00 $ 60,000.00 $ 5,000.00 $ 5,000.00 $ 140,750.00 $ 996,452.00 12/19/2007 NET 30 YES A 8 L UNDERGROUND THONOTOSASSA. FLORIDA UNIT TOTAL PRICE PRICE $3.00 $30,000.00 $0.35 $3,500.00 $10.50 $21,000.00 $0.55 $550.00 $0.50 $500.00 $1.00 $2,000.00 $0.28 $2,800.00 $60,350.00 $1.65 $1,237.50 $2.00 $2,000.00 $3.00 $1,500.00 $4,737.50 $4.25 $4,250.00 $4.25 $21,250.00 $4.75 $35,625.00 $5.00 $60,000.00 $40.00 $4,000.00 $0.75 $7,500.00 $132,625.00 $1,012,322.00 12/19/2007 NET 30 DAYS YES � � � �' � � �. � r � � � � � �' � � � � CITY OF CLEARWATER BID 04-OS - GAS MAIN AND SERVICE LINE INSTALLATION OPEN DATE: DECEMBER 19, 2007 - 11:00 AM ITEM DESCRIPTION QUANTITY EST. SERVICES/PLASTIC 5/8 INCH 1 INCH 2 INCH TOTAL SERVICES/PLASTIC MAINS PLASTIC 2 INCH 4 INCH 6 INCH TOTAL MAINS PLASTIC CASING PUSH/MISSILE 2 INCH DIRECTIONAL BORE 2 INCH 4 INCH 6 INCH 121NCH (CASING) TOTAL - DIRECTIONAL BORE WELD TAPPING TEES 2 INCH WILLIAMSON 5/8 INCH PUNCH TEES 3/4 INCH PUNCH TEES 1 INCH PUNCH TEES TOTAL - TAPPING TEES OTHER PAY ITEMS LINE AND GRADE SURVEY LP/TANK METER PROTECTION TOTAL - OTHER PAY ITEMS EXTRA DEPTH DITCH 37" TO 48" DEPTH (PER FOO� 49" TO 60" DEPTH (PER FOOI� 61" TO 72" DEPTH (PER FOOT) DENSITY, IF REQUIRED TESTING SHORING IF REQUIRED INSTALL WELL POINT HEADER PIPE WELL POINT RUNNING TIME TOTAL - EXTRA DEPTH DITCH PER UNIT SOD . BAHIA/FLORATAN RESIDENTIAL METER SERVICE TEE TOTAL-SOD CLASSIC CITY MECHANICAL WINTERVILLE. GEORGIA UNIT TOTAL PRICE PRICE 8,000 ft $4.50 6,000 ft $4.80 2,000 ft $5.25 25,000 ft $4.65 5,000 ft $5.55 14,000 ft $7.25 6,000 ft $10.00 $36,000.00 $28,800.00 $10,500.00 $75,300.00 $116,250.00 $27,750.00 $101,500.00 $245,500.00 $60,000.00 HENKELS & MCCOY, INC. BLUE BELL. PA UNIT TOTAL PRICE PRICE $5.25 $42,000.00 $5.61 $33,660.00 $6.50 $13,000.00 $88,660.00 $6.87 $171,750.00 $8.18 $40,900.00 $16.33 $228,620.00 $441,270.00 $8.56 3,000 ft $11.50 $34,500.00 $12.31 5,000 ft $14.75 $73,750.00 $16.78 5,000 ft $24.00 $120,000.00 $26.59 1,500 ft $75.00 $112,500.00 $43.29 $340,750.00 30 ea $100.00 $3,000.00 $145.45 30 ea $56.00 $1,680.00 $75.81 30 ea $60.00 $1,800.00 $98.88 50 ea $68.00 $3,400.00 $108.31 $9,880.00 20 hrs $ 100.00 100 ea $ 40.00 1 ft 3.50 1 ft 5.00 1 ft 7.50 1 sq.ft. 5.00 1 ft 18.00 1 ft 25.00 1 day 550.00 80,000 sq.ft. 1.00 750 ea 35.00 500 ea 75.00 PAGE 3 $2,000.00 $4,000.00 $6,000.00 $3.50 $5.00 $7.50 $5.00 $18.00 $25.00 $550.00 $614.00 $80,000.00 $26,250.00 $37,500.00 $143,750.00 $242.45 $106.61 $2.11 $2.76 $4.07 $5.53 $40.59 $8.73 $863.92 $2.20 $83.95 $67.07 $51,360.00 $36,930.00 $83,900.00 $132,950.00 $64,935.00 $318,715.00 $4,363.50 $2,274.30 $2,966.40 $5,415.50 $15,019.70 $4,849.00 $10,661.00 $15,510.00 $2.11 $2.76 $4.07 $5.53 $40.59 $8.73 $863.92 $927.71 $176,000.00 $62,962.50 $33,535.00 $272,497.50 CITY OF CLEARWATER BID 04-OS - INSTALL GAS MAINS OPEN DATE: DECEMBER 19, 2007 SURFACE RESTORATION ASPHALT (PER INCH THICK) LIMEROCK (PER INCH THICK) CONCRETE SHELL BRICK REMOVAL BRICK REPLACEMENT SEED & MULCH TOTAL - SURFACE RESTORATION PIPE REMOVAL 2 INCH 4 INCH 6 INCH TOTAL - PIPE REMOVAL UNDERGROUND PIPING 5/8 INCH (PER FOOT) 1 INCH (PER FOOT) 1 1/4 INCH (PER FOOT) 2 INCH (PER FOOT) SERVICE TEES SOD BAHIA/FLORATAN PER SQ.FT TOTAL - UNDERGROUND PIPING GRAND TOTAL START DATE: PAYMENT TERMS: BID BOND SUBMITTED: CLASSIC CITY MECHANICAL WINTERVILLE. GEORGIA UNIT TOTAL PRICE PRICE 10,000 sq.ft. $2.90 $29,000.00 10,000 sq.ft. $0.40 $4,000.00 2,000 sq.ft. $10.00 $20,000.00 1,000 sq.ft. $1.00 $1,000.00 1,000 sq.ft. $1.00 $1,000.00 2,000 sq.ft. $1.00 $2,000.00 10,000 sq.ft. $0.75 $7,500.00 $64,500.00 750 ft $2.00 1000 ft $3.00 500 ft $5.00 1,000 ft 4.65 5,000 ft 4.90 7,500 ft 5.00 12,000 ft 5.35 100 ea 75.00 10,000 sq.ft. 1.00 PAGE 4 HENKELS 8 MCCOY, INC. BLUE BELL. PA UNIT TOTAL PRICE PRICE $4.67 $46,700.00 $0.52 $5,200.00 $7.67 $15,340.00 $3.20 $3,200.00 $1.19 $1,190.00 $4.10 $8,200.00 $0.54 $5,400.00 $85,230.00 $1,500.00 $4.95 $3,000.00 $5.36 $2,500.00 $5.69 $7,000.00 $4,650.00 $4.46 $24,500.00 $4.64 $37,500.00 $4.74 $64,200.00 $5.03 $7,500.00 $62.93 $10,000.00 $1.92 $148,350.00 $1,101,644.00 12/19/2007 15 DAYS YES $3,712.50 $5,360.00 $2,845.00 $11,917.50 $4,460.00 $23,200.00 $35,550.00 $60,360.00 $6,293.00 $19,200.00 $149,063.00 $1,450,170.41 1 /8/2007 NET 30 DAYS YES � ��. �' � � � �� CITY OF CLEARWATER BID 04-08 - GAS MAIN AND SERVICE LINE INSTALLATION OPEN DATE: DECEMBER 19, 2007 - 11:00 AM ITEM DESCRIPTION QUANTITY EST. SERVICES/PLASTIC 5/8 INCH 8,000 ft 1 INCH 6,000 ft 2 INCH 2,000 ft TOTAL SERVICES/PLASTIC MAINS PLASTIC 2 INCH 25,000 ft 4 INCH 5,000 ft 6 INCH 14,000 ft TOTAL MAINS PLASTIC CASING PUSH/MISSILE 2 INCH DIRECTIONAL BORE 2 INCH 4 INCH 6 INCH 121NCH (CASING) TOTAL - DIRECTIONAL BORE WELD.TAPPING TEES 2 INCH WILLIAMSON 5/8 INCH PUNCH TEES 3/4 INCH PUNCH TEES 1 INCH PUNCH TEES TOTAL - TAPPING TEES OTHER PAY ITEMS LINE AND GRADE SURVEY LP/TANK METER PROTECTION TOTAL-OTHER_PAYITEMS EXTRA DEPTH DITCH 37" TO 48" DEPTH (PER FOOT) 49" TO 60" DEPTH (PER FOOT) 61" TO 72" DEPTH (PER FOOT) DENSITY, IF REQUIRED TESTING SHORING IF REQUIRED INSTALL WELL POINT HEADER PIPE WELL POINT RUNNING TIME TOTAL - EXTRA DEPTH DITCH PER UNIT SOD BAHIA/FLORATAN RESIDENTIAL METER SERVICE TEE TOTAL-SOD FLORIDA GAS & ELECTRIC LAND O'LAKES. FLORIDA UNIT TOTAL PRICE PRICE $4.25 $34,000.00 $4.25 $25,500.00 $4.50 $9,000.00 $68,500.00 $4.25 $106,250.00 $5.00 $25,000.00 $6.50 $91,000.00 $222,250.00 6,000 ft $10.00 3,000 ft $11.00 5,000 ft $14.00 5,000 ft $16.00 1,500 ft $35.00 30 ea $25.00 30 ea $25.00 30 ea $25.00 50 ea $25.00 20 hrs $ 100.00 100 ea $ 25.00 1 ft 4.50 � f� 7.00 � ft 10.00 1 sq.ft. 4.00 � ft 15.00 1 ft 17.00 1 day 475.00 80,000 sq.ft. 0.65 750 ea 50.00 500 ea 40.00 PAGE 5 $60,000.00 $33,000.00 $70,000.00 $80,000.00 $52,500.00 $235,500.00 $750.00 $750.00 $750.00 $1,250.00 $3,500.00 $2,000.00 $2,500.00 $4,500.00 $4.50 $7.00 $10.00 $4.00 $15.00 $17.00 $475.00 $532.50 $52,000.00 $37,500.00 $20,000.00 $109,500.00 CITY OF CLEARWATER BID 04-OS - INSTALL GAS MAINS OPEN DATE: DECEMBER 19, 2007 SURFACE RESTORATION ASPHALT (PER INCH THICK) LIMEROCK (PER INCH THICK) CONCRETE SHELL BRICK REMOVAL BRICK REPLACEMENT SEED 8 MULCH TOTAL - SURFACE RESTORATION PIPE REMOVAL 2 INCH 4 INCH 6 INCH TOTAL - PIPE REMOVAL UNDERGROUND PIPING 5/8 INCH (PER FOOT) 1 INCH (PER FOOT) 1 1/4 INCH (PER FOOT) 2 INCH (PER FOOT) SERVICE TEES SOD BAHIA/FLORATAN PER SQ.FT TOTAL - UNDERGROUND PIPING GRAND TOTAL START DATE: PAYMENT TERMS: BID BOND SUBMITTED: FLORIDA GAS & ELECTRIC LAND O'LAKES. FLORIDA UNIT TOTAL PRICE PR10E 10,000 sq.ft. $2.50 $25,000.00 10,000 sq.ft. $0.25 $2,500.00 2,000 sq.ft. $9.00 $18,000.00 1,000 sq.ft. $1,00 $1,000.00 1,000 sq.ft. $1.00 $1,000.00 2,000 sq.ft. $1.00 $2,000.00 10,000 sq.ft. $0.25 $2,500.00 $52,000.00 750 ft $3.00 1000 ft $4.00 500 ft $5.00 1,000 ft 4.25 5,000 ft 4.25 7,500 ft 4.50 12,000 ft 4.75 100 ea 40.00 10,000 sq.ft. 0.65 PAGE 6 $2,250.00 $4,000.00 $2,500.00 $8,750.00 $4,250.00 $21,250.00 $33,750.00 $57,000.00 $4,000.00 $6,500.00 $126,750.00 $ 891,782.50 12/19/2007 NET 30 DAYS CASHIER'S CHECK � �' � � � � � � � � � � � � � � � � � Item Quantity 1 1 LOT Bm RESPONSE FORM (04-OS) Descriptioa GAS MAIN AND SERVICE LINE INSTALLATION (per the attached Specifications and Bid Response Forms) Total Price $ 891,782.50 Contact Tom Sewell at 727/562-4912, for any technical questions regarding t6is bid Please return two (21 conies of Bid Resoonse Delivery Time• Payment Terms: Net 30 Davs F.O.B. CLEARWATER BIDDER REPRESENTATION I represent that this bid is submitted in comp6ance wit6 all terms, conditions and specifications of the Invitation for Bid and tLat I am aut6orized by t6e owners/principals to eaecute and submit this bid on be6alf of the business identified below. BUSINESS NAME: Florida Gas � Electric Corv. STREETADDRESS: 8011 Land 0'Lakes Boulevard CTTY, STATE, ZIP CODE: Land 0'Lakes FL 34638 PRINTITYPE NAME OF AUTHORIZED REP: David L. Runvan T1TLE/POSITION OF AUTHORIZED REP: � SIGNATURE OF AUTHORIZED Vice-President DATE SUBMIITED: December 14, 2007 PHONE NO: [ 813 ] 996-0019 FAX NO: [ 813 ] 996-2919 -3- � � � � � � SECTION 00320 BID TABULATION SUMMARY ITEM NO. AMOUNT 1 Services/Plastic $ 68 , 500 . 00 2 Mains/Plastic 222 , 250 . o0 3 Casing Push/Missile bo,000.00 4 Directional Bore 23s,5oo.00 Weld Tapping Tees-Site Preparation and Restoration 5 (Welding by CGS) s,5oo.00 6 Otiler Pay Items 166,532.50 Pipe Removal � s,�so.00 8 Underground Exterior House Piping �zb,�so.00 I TOTAL BASE BID $ 891, 782 . SO Total Base Bid in Words Eight Hundred Ninety-One Thousand Seven Hundred Eighty-Two and 50/100 --------------------- Dollars � \0083-04.08 5/8 inch Est. Qty. 8,000 ft. 1 inch Est. Qty. 6,000 ft. 2 inch Est. Qty. 2,000 ft. 2 inch Est. Qty. 25,000 ft. 4 inch Est. Qty. 5,000 ft. 6 inch Est. Qty. 14,000 ft. 2 inch Est QTy. 6,000 ft. SERVICES/PLASTIC 4.25 per ft. 4 . 25' per ft. 4.50 per ft. MAINS/PLASTIC 4 . 25 per ft. 5 .00 per ft. 6.50 per ft. CASING PUSH/MISSILE 10 .00 per ft. 2 inch Est. Qty. 3,000 ft. 4 inch Est. Qty. 5,000 ft. 6 inch Est. Qty. 5,000 ft. 12 inch Est. Qty. 1,500 ft. (Casing) DIRECTIONAL BORE 11.00 per ft. 14 . 00 per ft. 16.00 per ft. 35 .00 per ft. Boring includes the insertion of the carrier pipe, restoration, cleanup, insulators, end seals, and vent poles. For all bores, payment will be for actual distance of bore, not to include entrance and exit pits and the installation of tracer wire. Fa � � � � � � � � � � � � � � � � � � r STEEL WELD TAPPING TEES — SITE PREPARATION AND RESTORATION (Welding by CGS) 2 inch Williamson Est. Qty. 30 5/8 Weld Punch Tees Est. Qty. 30 3/4 Weld Punch Tees Est. Qty 30 1 Weld Punch Tees Est. Qty. 50 25.00 each 25.00 each 25.00 each 25.00 each OTHER PAY ITEMS LINE AND GR.ADE SURVEY Stake out as required Est. 20 hrs. _ LP Tank/Meter Protection Est. Qty. 100 _ (Bumper Poles, 3 inch pipe, 3 ft apart and 3 ft deep) 100. 00 per hour __25 . 00 per pole EXTRA DEPTH DITCH Paid when cover exceeds 36" and required by state, county, city, construction requirements, or at request of CGS. 37" to 48" depth 4. 50 extra depth per ft. 49" to 60" depth 7. 00 extra depth per ft. 61" to 72" depth 10. 00 extra depth per ft. Density, if required, includes testing 4. 00 per sq. ft. Shoring, if required and approved by CGS 15 . 00 per ft. Installation of well point header pipe 17 . 00 per ft Well point running time 475 . 00 per day 3 SOD Sod material will be supplied, placed, watered and maintained for three weeks by Contractor and acceptable to the Right of Way authority, Homeowner or CGS Construction Inspector. Bahia/Floratan Est. Qty. 80,000 sq. ft. .65 per sq. ft. Residential Meter Est. Qty. 750 50.00 each Service Tee Est. Qty. 500 40. 00 each (saddle clamp, saddle tee, PE tee, and wrap around) SURFACE RESTORATION Cut, remove, and replace. Material provided by Contractor. As halt E t 10 P S• Qty ,000 sq. ft. 2.50 per inch thick Limerock Est. Qty. 10,000 sq. ft. . 25 per inch thick Concrete Est. Qty. 2,000 sq. ft. 9. 00 per sq. ft. Shell Est. Qty. 1,000 sq ft. 1, 00 per sq. ft. Brick removal Est. Qty. 1,000 sq. ft. 1.00 per sq. ft. Brick replacement Est. Qty. 2,000 sq. ft. 1. 00 per sq. ft. Seed and mulch Est. Qty. 10,000 sq. ft. . 25 per sq. ft. PIPE REMOVAL 2 inch Est. Qty. 4 inch Est. Qty. 6 inch Est. Qty. 750 ft. 1,000 ft. 500 ft. 3 . 00 per ft. 4 . 00 per ft. 5 . 00 per ft. UNDERGROUND EXTERIOR HOUSE PIPING From outlet side of ineter set/LP tank to the exterior appliances or house piping stub. Will include risers on each end, stop cock, valves and fittings. Must be noted as House Piping on all invoices. Air test at 20 pounds per square inch (PSI) for 24 hours required for final approval and tagged with pressure, date and time. 4 � tJ 5/8 inch Est. Qty. 1 inch Est. Qty. 1,000 ft. 5,000 ft. 1 1/4 inch Est. Qty. 7,500 ft. � 2 inch Est. Qty. 12,000 ft. � � �� Service Tees Est. Qty. 100 Sod Bahia/Floratan Est. Qty. 10,000 sq. ft. 4 . 25 per ft. 4 . 25 per ft. 4.50 per ft. 4.75 40.00 .6 per ft. each per sq. ft. RESIDENT NOTIFICAITON PERFORMED BY CONTRACTOR The Contractor shall notify all residents along the construction route with a printed door hanger notice indicating the following information about the proposed construction and the Contractor performing the work: CGS logo (provided to Contractor on disk); the scheduled start date; the type of construction; general sequence and scheduling of construction events; Contractor's name; Contractor's address; Contractor's phone number; and Superintendent's name. A sample door hanger is attached to this document and sha11 be printed on brightly colored cazd stock and a minimum of 4%4" x 11" in size. A sample door hanger including proposed language shall be approved by CGS prior to the start of construction. Notification (door hanger) shall be posted to residences and businesses directly affected by the � Contractor's activities no later than two (2) days prior to start of construction. Directly affected by Contractor's activities sha11 mean a11 Contractor operations including staging areas, equipment and material storage, principal access routs across private properiy, etc. Contractor cannot start � without proper two (2) day notice period to residents. Contractor is also required to maintain sufficient staff to answer resident inquiries during normal business hours and to maintain message recording equipment to receive resident inquiries after business hours.. Contractor � Supervisor emergency phone number shall be provided and updated as necessary to the CGS Dispatch which opera.tes 24 hours a day, 365 days a year. � � � � � F� � � �� 1 TO: City of Clearwater SECTION 00310 PROPOSAL The following proposal is submitted in accordance with your advertisement inviting proposals to � be received until December 19, 2007-11:00 AM for the construction of Installation of Gas Mains, Service Lines and House Piping at Various Locations. � � � � � � L: � Having carefully examined the contract documents together with all addenda or bulletins, all as prepared by Tampa Bay Engineering, Consulting Engineers, 380 Park Place Blvd., Suite 300, Clearwater, Florida, 33759 and being familiaz with the various conditions of the work, the undersigned herein agrees to furnish all materials required and to perform a11 labor necessary to satisfactorily construct the "Installation of Gas Maius and Service Lines and House Piping at Various Locations" in accordance with the plans and specifications for the unit prices stated herein. Accompanying this proposal is a Certified or Cashier's Check or Bid Bond in the amount of ten percent (10%) of the bid total drawn upon the Bank of America BANK and made payable to the City of Clearwater, to serve as bid security. The undersigned hereby certifies that this proposal is genuine and not sham or collusive, or rnade in the interest or in behalf of any person, firm, or corporation not herein named and that the undersigned has not directly or indirectly induced or solicited any other bidder to submit a sham bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. The undersigned Bidder agrees to accept the unit prices as full compensation for work performed. ACKNOWLEDGMENT is hereby made of receipt of the following ADDENDA issued during the bidding period, if any: Addendum #1 Addendum #2 Addendum #3 � � � � \0083-04.08 Dated: Dated: Dated: ATTEST: � r---.-- Corporate S retary AFFIX CORPORATE SEAL, if a corporation 10083-04.08 Florida Gas � Electric Corp Bidder's Busine s Name , B Officer (or Princi ) Title Vice-President 8011 Land 0'Lakes Boulevard Business Address Land 0'Lakes FL 34638 Business City/State/Zip Code [813] 996-0019 Business Telephone Number � � � � � � � � � � � � � � � � �� SECTION 00330 FLORIDA TRENCH SAFETY ACT ACKNOWLEDGMENT PROJECT: "Installation of Gas Mains and Service Lines at Various Locations" BIDDER'S NAME: Florida Gas & Electric Co Bidder acknowledges that included in the various items of the proposal in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October l, 1990. The bidder further identifies the costs to be summarized below: A. B. C. D. Trench Safety Measure (Description) Shorin� Units of Measure Unit (LF, S� (Quantity) LF NA Extended Unit Cost Cost $1.00 NA *TOTAL: 1. 00 * T'his total amount is incidental to the contract bid price and is provided only as bidder acknowledgment of the Florida Trench Safety Act. Failure to complete the above may result in the bid being declared non-responsive. \0083-04.08 1 �� _.,. /l _ :,��.� : .. • . � . , •f, � � � � � LJ � � � � � � � � � SECTION 00340 PUBLIC ENTITY CRIMES STATEMENT SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES. THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to Ciry ofCtearwacer (print name of the public entity) by David L. Runyan, Vice—PrpQirlP*_+* (print individual's name and title) for Florida Gas & Electric Corp. (print name of entity submitting swom statement) whose business address is 8011 Land 0'Lakes Boulevard, Land 0'Lakes FL 34638 and (if applicable) its Federal Employer ldentification Number (FEIN)is 59-3530760 (If the entity has no FE1N, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a"public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other sta.te or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(lxb), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an"affiliate" as defined in Paragraph 287.133(lxa), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. \0083-04.08 I understand that a"person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity su itting this swom statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July l, 1989. _ The entity subrnitting this sworn statement, or one or more of the officers, directors, executives, partners, shazeholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. � � � �� _ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, or an affiliate of the � entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to � place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE � PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I(ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO � A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. �C y� � /�� 1./%� � Sworn to and subscribed before me this 14th day of December , 2007. Personally known OR Produced Identification (Type of identification) Form PUR 7068(Rev.06/18/92) t0083-04.08 Notary Public - State of Florida My Commission expires December 17, 2011 ' " ` (,� � ;— Mary A. u son (Printed, typed stamped Commissioned name of notary p�blic) r�~�n�N��uua�a��u�uwuuu nrt = w�a�ra P�uxsoN . = con�� oor��se� : e• Exp�s 12/17r1ot 1 e : Fbdd� NolrqAp�,� I� � . Mnu �x�aunuw�uw �u�umu�onn �N � � � � � SECTION 00410 CERTIFIED CHECK, CASH OR BID BOND �an k of America �j cashier's Check No. � � � � � � � ,. Ge��,�,�,n��:si� \ , \ � : < ,, .;� `� �1�7 ' � � �� ' � � � "�'��: �. � . �ieuntter,(PfuChased By) � NilE• T� 11E HI� � 9EY�Nti �1SI�[� � p� ,�'i �* ` �., T° � 1'he , _' Ordee�i�, �` .�,-.,,��. �,. . �1'4'x ` . . � ; *� �:g 178. 23"i � � �! � °f **BI4 � iA-lR„ 1� �� 1�•,: , �.. — A�i R� d Sigeature Bank of America, N.A. VOID AFTE� R 90 DAYS � Mtonio, Texas ��' S9936 L4��' �: L L40000 i9�: �THE ORIGINAL DOCUMENT HAS REFLE�.TIVE WATERMAAK ON THE BACK � � 1_._� � � � \0083-04.08 00 L64 LOO 20 54ii' THE ORIGINAL DOCUN1ENT HAS REFLECTiVE WATERMARK ON�THE BACK � SECTION 00410 CERTIFIED CHECK, CASH OR BID BOND (Attach certified check, cash or bid bond here) \0083-04.08 � � �LJ �� ' � � SECTION 00510 AGREEMENT THIS AGREEMENT, made and entered this 1 st day of February, 2008, A.D., by and between the City of Clearwater, FL, a municipal corporation, hereinafter called the "OWNER", and Florida Gas and Electric Corporation, hereinafter called the "CONTRACTOR". WITNESSETH, That for and in consideration of the payments and agreements to be made and performed by the Owner, the Contractor, at its own cost and expense and with skill and diligence, will construct and complete all work shown on the Drawings and described in the Specifications entitled "Installation of Gas Mains, Service Lines and House Piping at Various Locations", Bid # 04-08. 1. The Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation service required to complete the work provided for in this contract. It is understood and agreed that said labor, materials, tools, equipment and service shall be furnished and said work performed and completed subject to the satisfaction of the Owner and subject to the final approval of the Owner and its authorized representatives. The term of this agreement shall begin February l, 2008 and terminates January 31, 2009. Any amendment must be in writing and agreed to both parties. 2. The Contractor agrees to receive the prices stated in the Proposal attached in full compensation for furnishing material and labor and executing all the work contemplated in this Contract; the contract amount shall not exceed $981,780.00 (actual bid of $891,782.50), based on the estimated quantities in the Bid 04-08. Owner reserves the right to purchase any amount up to the estimated quantities based on its needs as determined solely by Owner. Owner and Contractor agree that there are no minimum requirements for purchase in this Agreement; the Contractor, for such consideration, shall be responsible for all claims, causes of action, loss or damages arising out of the nature of the work aforesaid or from any action of the elements; or from any unforeseen obstruction or difficulties which may be encountered of every description connected with the work, and furnishing the materials, until their final completion and acceptance. 3. The work on the site is to be commenced when directed by the Owner or his authorized representative. 4. To prevent disputes, it is agreed by and between the parties to this Contract that the Owner or his authorized representative sha11 in all cases determine the quality and quantity of the several kinds of work and materials which are to be paid for under this Contract, and he shall determine questions in relation to lines, levels and dimensions of work. The Owner shall determine questions in relation to interpretation of the plans and specifications. \0083-04.08 5 0 7 Payment shall be made in accordance with provisions as outlined elsewhere in these Contract Documents. The Contract Documents shall consist of the following all of which are familiar to the Contractor and which are incorporated herein by reference: 1. 2. 4. 5. 6. Invitation to Bid Instructions to Bidders Summary of Information to Bidders Bid Forms Agreement Forms Bonds and Certificates 7. 8. 9. 10. 11. 12. General Conditions Supplementary Conditions Addenda General Requirements Specifications Contract Drawings � � � � � � This agreement, together with these documents, form the contract, and they are as fully a part of the Contract as if hereto attached or herein repeated. � 8. Contractor shall at all times supply adequate tools, appliances, equipment, a sufficient number of properly skilled workmen, and a sufficient amount of materials and supplies of proper quality to efficiently and promptly prosecute the work provided for herein and shall promptly pay for all material purchased and shall pay all workmen each week, and if required by the Owner, shall obtain and furnish Owner weekly with signed receipts from all workmen showing the date of payment, the amount paid, number of hours paid for, the days on which said work was performed, the classification of the labor so paid, and the rate of wage per hour paid and shall supply Owner weekly with two (2) copies of the payroll verified by an affidavit. Contractor shall, as often as requested by the Owner, furnish a sworn statement showing all parties who furnished labor or materials to the Contractor, with their names and addresses and the amount due or to become due each. A like statement may be required from any subcontractor of the Contraetor. 9. Should the Contractor default in any of the provisions of this contract and the Owner employs an attorney to enforce or construe any provision hereof or to collect damages for breach of the agreement or to recover on any bonds provided for herein, the Contractor and/or his surety agree to pay the Owner such reasonable attorney's fees as the Owner may expend therein. As against the obligations contained herein, the Contractor and his surety waive all rights of exemption. 10. The undersigned Contractor agrees that he has carefully inspected all contract documents and is familiar with the same, and agrees that he is responsible for having heretofore examined the site, the location and route of all proposed work, and for having satisfied himself as to the character of said route, the location of surface and underground obstructions and nature thereof, the nature of the ground water table conditions and other physical characteristics of the work and the work site in order that he may include in the price which he has bid and the price of this contract all costs pertaining to the work, and the contract price is based upon these inspections and examinations. 11. This contract shall not be construed for or against any party because that party wrote it. \0083-04.08 , � ' � LJ � � , � ' � �� LJ r � � � � 1 � � LJ r 12, The Contractor and the Owner for themselves, their heirs, executors, administrators, successors, and assigns, hereby agree to the full performance of the covenants herein contained. IN WITNESS WHEREOF THEY HAVE EXECUTED THIS AGREEMENT. (CONTRACTOR SEAL) Witness for the Contractor Countersigned: �' Hibbard Mayor-Councilman APPROVED AS TO FORM: ura Lipowski Assistant City Attorney ' \0083-04.08 (FOR THE CONT CT(I�:. �_--'," ----=: �` ► ... : - - � �- � � _ ^ ,� - �=� _ - ( � ..-_. � - �By � � -' :•. f - y �- .. -_� . David�C unyan �-.� v� ` _ Vice-President �✓ _ .: ±'� (City of Clearwater, Florida � � � � � IG� �B . William B. Horne, II City Manager (ATTEST: � � ( � G- (By: thia E. Goudeau C Clerk u i � ' � � ' � � � ' � � � � � � , � SECTION 00520 CONTRACTOR'S AFFIDAVIT STATE OF FLORIDA COUNTY OF Before me, the undersigned, a Notary Public, duly commissioned, qualified and acting in and for said County and State personally appeared (Individual, Partner, or duly authorized representative of Corporate Contractor) who being duly sworn according to law deposes and says that all labor, material and outstanding claims and indebtedness of whatever nature arising out of the performance of the contract of the (Owner) with (Contractor) have been paid in full. (Individual, Partner, or duly authorized representative of Corporate Contractor) Sworn to and subscribed before me this _ day of Notary Public SEAL Commission expires: \OOS3-04.08 200_. � � � � � r ' ' � � LJ � SECTION 00530 CONTRACTOR'S RELEASE KNOW ALL MEN BY THESE PRESENTS that , a Contractor in the County of and State of , do hereby acknowledge that (Contractor) this day has had and received of and from the City of Clearwater, the sum of One Dollar and other valuable consideration in full satisfaction and payment of all sums of money owing, payable and belonging to (Contractor) by any means whatsoever, for on account of a certain agreement between the said City of Clearwater and (Contractor) dated. NOW THEREFORE, the said (Contractor)(for myself, my heirs, executors and administrators)(for itself, its successors and assigns) do by these presents remise, release, quitclaim and forever discharge the said City of Clearwater, its successors and assigns, of and from all claims and demands arising from or in connection with the said agreement dated , and of and from all, and all manner of action and actions, cause and causes of action and actions, suits, debts, dues, sums and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, agreements, promises, variances, damages, judgments, extents, executions, claims and demand, whatsoever in law or equity, or otherwise which against the said City of Clearwater, its successors or assigns, the Contractor, its heirs, successors and assigns ever had, now have, or which (I, my heirs, executors, or administrators)(it, its successors and assigns) hereafter can, shall or may have, for, upon or by reason of any matter cause or thing whatsoever, from the beginning of the world to the date of these presents. IN WITNESS WHEREOF, (Contractor) has caused these presents to be duly executed the _ day of , 200_. Signed, Sealed and Delivered in the presence of: � ATTEST: � � (Secretary) � r � AFFIX CORPORATE SEAL, if a corporation � \0083-04.08 (SEAL) (Individual Contractor) (SEAL) (Partnership Contractor) By (SEAL) (Partner) (Corporation) By _ (President or Vice President) SECTION 00540 STATEMENT OF SURETY COMPANY In accordance with the provisions of the contract dated between the City of Clearwater, Owner of and (Contractor) of , the (Surety) surety on the bond of (Contractor) after a careful examination of the books and records of said Contractor or after receipt of an affidavit from Contractor, which examination or affidavit satisfies this company that all claims for labor and materials have been satisfactorily settled, hereby approves of final payment of the said (Contractor), Contractor, and by these presents witnesseth that payment to the Contractor of the final estimates shall not relieve the Surety Company of any of its obligations to the by the said Surety Company's Bond. IN WITNESSETH WHEREOF, the said Surety Company has hereunto set its hand and seal this _ day of , 200_. ATTEST: SEAL By. (President, Vice President) Note: This statement, if executed by any person other than the President or Vice President of the Company, must be accompanied by a certificate of even date showing authority conferred upon the person so signing to execute such instruments on behalf of the Company represented. \0083-04.08 , , � � r � SECTION 00610 PERFORMANCE - PAYMENT BOND KNOW ALL MEN tBY 7�IESE PRESENTS: That we , a Corporation (Corporation-Partnership-Sole Proprietor, Etc.), hereinafter called "Principal" and (Surety) of , State of Florida, hereinafter called the "Surety," are held and firmly bound unto the , hereinafter called "Owner" in the penal sum of Dollars, in lawful money of the United States for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally firmly by these presents. THE CONDITIONS OF THIS OBLIGATION is such that Whereas, the Principal entered into a rcertain contract with the Owner, dated the day of , 200_, a copy of which � is attached hereto and made a part hereof for the construction of: � � � � � � r i� Installation of Gas 1Vlains Service Lines and House Pipin� at Various Locations. NOW. THEREFORE, if the Principal shall, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy a11 claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of fa'ilure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for the value received hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed hereunder or the specifications accompanying the same shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. ' . ' � , \0083-04.08 PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, the said Principal and Surety have duly executed this instrument under seal in counterparts, each one of which shall be deemed an ori�ina f, this the _day of , 200 . ATTEST: (Principal) Secretary (SEAL) (Witness as to Principal) (Address) (City/State/Zip) ATTEST: (Surety) (SEAL) (Witness as to Surety) (Address) (City/State/Zip) \0083-04.08 (Principal) By (Address) (City/State/Zip) : (Surety) (Address) . Note: Date of Bond must not be prior to date of Contract. � .( 1 January 2, 2008 A DOF�F'F" � INSURANCE & BONDING City of Glearwater 100 S Myrtle Ave. Clearwater, FL 33756 RE: Florida Gas & Electric Corporation Bond No. GSB18707 Project: Installation of Gas Mains, Service Lines and House Piping at ' Various Locations To Whom It May Concern: Piease be advised that this letter will serve as authoxizarion to date the Performance bonds, Payment bonds, and Power of Attorney on the above referenced pYOject that our client, Florida Gas & Electric Corporation is going to perform. If there should be any quesrions or ' need for further information please contact us. Sincexely yours, Benjamin H: �'�-ench r�ttoxney-In-Fact The Gray Insurance Company �3HF/iw File � � �►N °F�,�g Trusted 2j�4 NW 40TH TERRACE, SUITE C-2 (32605) 1851 W. HIGHWAY 98 P. O. BOx 886 Choice� P. O. Box 90027 IVIARY ESTHER, FC 32569-0886 GA�NESVi�LE, FL 32607-0027 (880) 58i'-4925 Fa.ac (850) 58i-4930 (352) 374-7779 FAx (352) 374-8179 TOLL FREE: (800) 342•7621 TOLL FREE: (888) 901-3841 W W W. Wi+1�LDORFFIN$U RANC E. CO M e , PERFORMANCE AND PAYMENT BOND (Public Work) In compliance with F.S. Chapter 255.05(1)(a) BOND NO.: CONTRACTOR NAME CONTRACTOR ADDRESS: GSB 18707 Florida Gas & Electric Corporation 8011 Land O'Lakes Blvd. Land O'Lakes, FL 34639 CONTRACTOR PHONE NO.: 813-996-0019 SURETY COMPANY: �e Gray Insurance Company 300 Vestavia Pkwy., Ste. 2600 Vestavia Hills, AL 35216 205-822-9056 SURETY AGENT: Benjamin H. French 352-374-7779 OWNER NAME: OWNER ADDRESS: OWNER PHONE NO.: OBLIGEE NAME:(�f contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: CONTRACT NO.:(If applicable) DESCRIPTION OF WORK: PROJECT ADDRESS: LEGAL DESCRIPTION: City of Clearwater 100 S Myrtle Ave. Clearwater, FL 33756 727-562-4630 $267,534.75 Installation of Gas Mains, Service Lines and House Piping at Various Locations FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon e � Bond No. GS618707 SECTION 00610 P�Ri'URMANCE - PAYIV�NT BOND KNOW ALL MEN BY THCSE PRESENTS: That �e Florida Gas & Electric Corporation , a Carporation (Coipaxation-Partnership-Sole Proprietor, �tc.), hereinafter called "Principal" and The Gray Insurance Company (Surety) of ' , State of Flarida, hereinafter called ihe "Siuety," are held aiid 'fiimly bound unto the City of Clearwater , hereinafter called "Owner" in the pcnal sum of "* �2h7,5'3/.� _ 7s Dollars, in lawfiil money of the United States for the payment of which sum will and truly be made, we bind ourselves, owr heirs, executors, adminisirators, and successors, jointly and severally firmly by thesa presents. THE CONDITIONS OF THIS OBLIGATION is such that Whereasr the Principal entered into a certtzin contract with the Owner, dated the � day of A� 200�, a copy of which is attached hereto and made a part hereof for the construction of: Installation of Gas Mai.ns. Service Lines and Hoase Pipin� at Various Locations. NOW. TI�REFORE, if the Principal shall, truly anci faitl2fvlly perfornn its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof, and any exteusions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such coniract, and sl�all fully indemnify and save harmless the Owner from all costs and damages which it may suffar by raason of failL�ra to da so, and shall reimburse and repay the Owner all outiay and expense which the Owiler may iacur in making �ood any default, and shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing laboa in the prosecutian of the work provided £or iii sucli contract, a�d any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, �asoli.ne, repairs on machi.nery, equipme,nt and tools, consumed or used in coiinection with the construction of such work, and all insurancc premiums on said work, and for all labor, perforined in such work whether by subcontractor or otherwise, #hen this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Stuety, for the value received ltereby stipulates and agrees that no change, eartension of titne, alterations or additions to the terms of the contract or to the work to be� performed heretuid�r or the specifications accomnnpanying the same si�all in anyway �#�ect its obligation on this bond, and it does hereby waive natice of any such chai�ge, extei�sion of time, alteration or addition to the terms of the contract or to the work or to the specifications. "300 Vestavia Pkwy., Ste. 2600, Vestavia Hills, AL 35216; licensed in the State of Florida *'"Two hundred sixty-seven thousand five hundred thirty-four and 75/100 ��oss-oa.os � � PROVIDED, TURTIIER, that na final settlement between the Owner and the Contractor shall �bridge the right of a�iy benefioiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, the said Principal and Surety have d�ly executed this instrument under seal in 2 cowiterparts, eacll one of which shall be deemed an original, this tlze day of , 200_. — : =AT'�� -�/ - . � 1� � a- - ` _ �p�Ij �e�reta�y - - �- _.— _ - _ _ —� -- ----_ ='Es�) Florida Gas & Electric Corporation {Principal) _ � � : 8011 Land O'Lakes Blvd (Address) Land O' Lakes, FL 34639 (CitylStateJZip) (Witiless as to Principal} 8011 Land 0'Lakes Blvd (Address) Land 0'Lakes FL 34638 (City/State/Zip) II, , ! � , � ► \ , � ' . � .� I . . .�� ll - (SEAL) Robin M. Williams (Wiiness as to Surety) P.O. Box 90027 (Address) Gainesville, FL 32607 (City/State/Zip) 10083A4.08 The Gray Insurance Company (Suxety) By _� - � ' Ben- 1'zr,iin H. Fr�r1Ci��, b,t�orr��y-In-Fact & 300 Ves�tavia Pkwy, Ste. 28U0 Fla. Resident Agent Vestavia Hills, AL 35216 Note: Date of I3ond nzust not be prior to date of Coniract. (Address) THE GRAY INSURANCE COMPANY �� n�� Z THE GRAY CASUALTY & SURETY COMPANY a GENERAL POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint Benjamin H. French, Dale Waldorff, Kenneth Wayne Walker, Pamela L. Jarman, Robin M. Williams and Paul A. Locascio, of Mary Esther, � Florida jointly or severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under ' this authority shall exceed the amount of $2,500,000. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both T'he Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26�' day of June, 2003 "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of The Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WIT'NE$S WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 7th day of July, 2004. ��SU R A p�� By� �I��`i�'�fA� / Attest: y��O=� �� .�� 8GR S«, a.�•.......,,.� �,y�.0 g _ '`,F u � ; 1� �� ; Mazk S. Manguno �? S E A L� �� S E A L j� Michael T. Gray o J� � President, The Gray Insurance Company Secretary, ,v,y�-- �? y�,��.� �d The Gray Insurance Company, ••*�• * The Gray Casualty & Surety Company Vice President, The Gray Casualty & Surety Company � State of Louisiana ss: Parish of Jefferson On this 7th day of July, 2004, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company and Vice President of The Gray Casualty & Surety Company, and Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, personally known to me, being duly swom, acknowledged that they signed the above Power of Attomey and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. s,�,,,��,�,,, . ,o g• M/C ""� -... ....,.. ,,,.,. , , ._.. ._ _ � _ � ..a-�- _^ . ._.... _ __. ... .._._..___.,.� ... -.....,_. _....... �-,._.,..,_. .. . .._. - �v ��. MY�y��`9 . . .... . . . Te� s �*, �*� Lisa S. Millar, Notary Public, Parish of Orleans ;{ State of Louisiana �a Aie�w,��F e� �«........� �p� My Commission is for Life `1�a;�,OF LOV�$"° �` i nnm�o ��" I, Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WIT'NESS WHEREOF, I have set my hand and affixed the seals of the Companies this ��'� day of ��o31A�,/ �Q�$ SY 6 �7��2 _ / // �� - � � _R "�.., gJp�,,..» 8(i'p �'��l /'Gr;`!� _ %� a .� �� u��' c� / ;= S E A L`; ' `t S E A L� Mark S. Manguno, Secretary �,'. � °, The Gray Insurance Company y�, w� y� .,,,� T'he Gray Casualty & Surety Company * * � POAI0001 Rev 6/15/2003 523103 7/7/2004 � ' r � ' , � , ' 1 � ' � r � r � � � , \OOS3-04.08 SECTION 00620 CERTIFICATE OF INSURANCE . . :, (Attach insurance certificates here) � .� _�. ACORD,� CERTIFICATE OF LIABILITY INSURANCE 2i2�i2° o PRODUCER (72�)521-4253 FAX: (727)527-9455 THIS CERTIFICATE IS ISSUED AS A NIATTER OF INFORNIATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFlCATE 1aTortheast Underwriters Inc. HOLDER. THI3 CERTIFICATE DOES NOT AMEND, EXTEND OR 4790 lst Street North ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. t. Petersbur FL 33703 INSURERS AFFORDING COVERAGE NAIC # ��D INSURERA: COZOA Insurance Com an 39993 Florida Gas & Electric, Corp. iNSU�Re:General Ins Co of America 24732 8011 Land O'Lakes Boulevard iNSUReRC:Travelers Excess&Su lus 29696 wsur�R�:Bri efield Casual Ins 10335 Land ' Lakes FL 34638 INSURERE: HBLtfOrC1 II18. CO. of the 38261 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED IiERE1N IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. A AT IMITS SH W MA H V D LA INSR ADD' �ypE OF INSURANCE POLICY NUAABER ��jp�p�ECi1VE pp� M��RArON �� GENERAL W4BILITY EACH $ 1� OOO � OOO DAMAGE TO RENTED COMMERCWLGENERP.LLIABtt.ITY R E ence 3 lOO,OOO p+ CLAIMS MADE � OCCUR a+1254502 1�1�2008 1�1�2009 MED EXP one erson S 5� 000 X$5,000 Drn. per P IJURY $ 1,000,000 Claim GENERALAGGREGATE $ 2, 000, 000 GEN'L AGGREGATE LIMff APPLIES PER: R _ � p C, $ Z� OOO � OOO X P LICY PR� LOC AUTOMO�LE LIABILI7Y ( OMeB�IN�EM, INGIE LIMR $ 1� 000 � 000 X ANY AUTO B ALLOWNEDAUTOS 24CC35959420 1�1�2008 1�1�2009 BODIIYINJURY SCHEDULEDAUTOS (P�PeBO^� $ x' HIRED AUTOS BODILY INJURY $ X NON-0WNEDAUTOS (Peraccident) PROPERTY DAMAGE $ (Per eccideM) GARAGE W4BILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHERTHAN EAAC AUTOONLY: A G $ DcCESSIUMBREUAUAB�u7Y 1, 000, 000 X OCCUR � CLAIMS MADE AGGREGATE $ 1, 000, QOO Producta/Co leted $ 1, 000, 000 C DEDUCTIB�E QIC06802689 1/1/2008 1/1/2009 g 7[ RETENTI 10 000 D YVORKERS COMPENSATION AND IC STAT - X OTH- EMPLOYERS' LIABILITY ANY FR(IPRIEYOR/PARTNERJEXECUTIVE E.L. E H ACCIDENT $ 1� OOO � O00 OFFICERIMEMBEREXCLUDEO? 830-33253 1�1�2008 1�1�2009 If yes, describe under E.L. DISEASE - EA EMPLOYEE $ 1� 000 � 000 SPEC L PR VISIONS below E.L. DI E- POLI Y LIMIT $ 1� O00 � OOO E oTH� Equipment- 21MgiT1279 8/31/2007 8/31/2008 �;m;.t-S2oo,o00 Owned/Leased or Rented DESCRIP710N OF OPERA710N8/LOCATIONSNEFIICLE&E)(CU181 �ENTISPECULL PROVISIONS It is agxeed the Certificate Holder ie n O � ineured's xith reapect to General Liability and Commercial Auto Coverage. �� 31 20p� CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF TME ABOVE DESCRIBED POUqES BE CANCELLED BEFORE THE Cltj7 Of Clearwater EXPIRATION DATE THEREOF, THE ISSUING INSURER NALL ENDEAVOR TO MAII Attn : Ci ty Clerk 3O DAY$ WRITTEN N0T10E TO THE CERTIFlCATE HOLDER NAMED TO THE LEFT, BUT PO BOX �% 48 FAILURE TO DO SO SHALL IMPOSE NO OBLI6ATION OR LIABILITY OF ANY IQND UPON THE Clearwater, FL 34618-4748 INSURE ITS AOENTS OR REPRESENTA71VE3. AUTNORIZED REPRESENTA7IVE Kenaeth Kijow3ki ' • ACORD 25 (2001/08) 0 A O CORPORATION 1988 INS025 �o�oa�.oea P�e � or z , ' , � 00700.01 DEFINITIONS , i SECTION 00700 GENERAL CONDITIONS The Contract Documents consist of the Advertisement for Bids, Instructions to Bidders, Summary of Information to Bidders, Method of Payment, Proposal (as accepted), Contract, General Conditions, the Technical Specifications and the Drawings, including all modifications and addenda thereof incorporated in the documents before their execution. These form the Contract. , The Owner as used herein shall refer to and designate a public body or authority, corporation, association, partnership or individual for whom the work is to be performed, or his or their authorized representative or agent. i , ' ,� ' ' , � ' �' ' ' The Contractor is the individual, partnership, corporation or other entity undertaking to do the work herein specified, or his or their heirs, legal representatives, successors or assigns. When more than one prime contract is awarded for a single project the general contractor shall be so designated by the Owner. The Engineer shall be Clearwater Gas System. The word Engineer shall include the officers, agents and employees of Clearwater Gas System. A Subcontractor shall be an individual, partnership, corporation or other entity having a direct contract with the Contractor to furnish material, work to a special design according to the plans and specifications of this work, or supplying specialized labor and materials for this work. This does not include one who merely furnishes material or labor not particulaz to this project. Written Notice shall be deemed to have been fully served if delivered in person to the individual, or to a member of the firm, or to an officer of the corporation, for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives notice. The term "Work" of the Contractor or the Subcontractor includes labor or materials, or both, equipment, transportation, or other facilities necessary to complete the contract. All time limits stated in the Contract Documents are the essence of the Contract. Whenever the word "approved" is used herein, it shall be held, unless otherwise specified, to mean as approved by the Owner. Similar use will be made of the words "directed," "required," "permitted," and words of like import. 00700.02 EXTENT OF CONTRACT \0083-04.08 The Advertisement for Bids, Instructions to Bidders, Summary of Information to Bidders, Method of Payment, Proposal (as accepted), Contract, General Conditions, the Technical Specifications, and the Drawings are, and shall be taken to be, parts of this Contract. All work and materials mentioned in the specifications and not shown on the drawings and all work and materials shown on the drawings and not mentioned in the specifications, and all work and materials necessa.ry for the completion of the work according to the true intent and meaning of the contract drawings and specifications, and all work and materials required to complete the entire facility as described in the Advertisement shall be furnished, performed and done, as if the same were both mentioned in the specifications and shown on the drawings. The drawings which accompany the specifications are herein designated contract drawings and are for the purpose of illustrating the general character and extent of the work and are subject to such modifications and elaboration's by the Owner and Engineer as may be found necessary or advisable, either before or during the prosecution of the work, and the Contractor shall conform to and abide by whatever supplementary drawings and explanations that may be furnished by the Engineer for the purpose of illustrating the work. The Engineer shall decide as to the true meaning or intention of any portion of the specifications and drawings where the same may be found unclear or in conflict. Should anything be omitted from the contract drawings or specifications which is necessary for a clear understanding of the work, or should any error appear either in any of the various instruments furnished or in the work done by other Contractors affecting the work included under this contract, the Contractor shall promptly notify the Engineer of such omissions or errors, and in the event of the Contractor's failure to do so, he shall make good any damage to or defect in his work caused thereby. He will not be allowed to take advantage of any error or omission on the contract drawings, as full instructions will be furnished by the Engineer, should such error or omission be discovered, and the Contractor shall carry out such instructions as if originally specified. 00700.03 OBLIGATIONS OF CONTRACTOR The Contractor shall, at his own cost and expense unless otherwise specified, furnish all the necessary materials, labor, supervision, superintendent, tools and appliances, and shall construct, finish and test in a substantial and workmanlike manner the work of this contract within the time and in the manner specified and in accordance with the contract drawings. The Contractor shall complete the entire work to the satisfaction and approval of the Owner and shall accept in consideration of, and as full compensation for the work, the sums set opposite the respective classes of work and materials named in the Contract and proposals herein contained, the said sums being the amount at which the Contract therefore was awarded to the Contractor. Acceptance or approval of the work or materials by the Owner does not relieve the Contractor from liability for poor or defective workmanship and/or materials and any such acceptance or approval is understood to relate to work or materials which can be observed and does in no way pertain to latent defects or defects ascertainable through testing. 00700.04 SUBCONTRACTS \0083-04.08 L 1 ' � � � ' , lJ �J The Contractor shall not assign or sublet the whole or any part of the work without the written consent of the Owner and without the written approval by the Owner of the specific party to whom it is proposed to assign or sublet the same. No such consent and approval, and no approval of the form of such assignment or subletting, shall release or relieve the Contractor from any of the obligations and liabilities assumed by him under this Contract, and, as between the parties hereto, the Contractor shall remain responsible and liable as if no such assigrunent or subletting had been made. Nothing contained in the Contract documents shall create any contractual relationship between any subcontractor and the Owner. 00700.05 SEPARATE CONTRACTS The owner reserves the right to let other contracts in connection with this work. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other contractor, the Contractor shall inspect and promptly report to the Owner any defects in such work that render it unsuitable for such proper execution and results. His failure to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper for the reception of his work except as to defects which may develop in the other contractor's work after the execution of his work. To insure the proper execution of his subsequent work, the Contractor shall measure work ' already in place and shall at once report to the Owner any discrepancy between the executed work and the drawings. ' Wherever work being done by the Owner's forces or by other contractors is contiguous to work covered by this Contract, the respective rights of the vaxious interests involved shall be established by the Owner, to secure the completion of the various portions of the work in general ' harmony. , , � � ' � 00700.06 BONDS The bidder to whom the Contract is awarded must, within ten (10) calendar days following notice of awaxd, present himself to the place designated in the official notice of acceptance, for signing of the Contract and the plans, and to substitute for the bid security, a surety performance-payment bond in the amount of thirty per centrum (30%) of the Contract price, conditioned that the Contractor will faithfully perform all work of this contract and promptly pay for all materials furnished and labor supplied or performed in the prosecution of all work. All bonds and insurance shall be issued by companies authorized to transact business in the State of Florida and acceptable to the Owner. 00700.07 ADDITIONAL OR SUBSTITUTE BOND \0083-04.08 If at any time the Owner shall be or become dissatisfied with any Surety or Sureties then upon the Performance, Maintenance, Material and Labor Bond, or if for any reason such Bonds shall cease to be adequate security to the Owner, the Contractor shall, within five (5) days after notice from the Owner to do so, substitute an acceptable bond or bonds in such form and sum and signed by such other Sureties as may be satisfactory to the Owner. The premium on such Bond or Bonds shall be paid for by the Contractor. No further payments shall be deemed due nor shall be made until the new Sureties have qualified. 00700.08 INSURANCE A: General The Contractor shall not commence work under this contract until he has obtained all insurance required, as specified on the "Summary of Information to Bidders," submitted certificates for this insurance, and such insurance has been approved by the Owner; nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. The Owner, however, may accept insurance covering a subcontractor in character and amounts less than the standard requirements because of the character or the extent of the work to be performed by such subcontractor, such acceptance by the Owner must be expressly stated in writing. B: Worker's Compensation The Contractor shall take out and maintain during the life of this contract adequate Worker's Compensation Insurance for all his employees employed at the site of the project and in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for the latter's employees, unless such employees are covered by the protection afforded by the Contractor. Coverage shall include Employer's Liability, Voluntary Compensation and U.S. Longshoremen's and Harbor Workers Act Coverage where applicable. The Contractor shall, at all times, indemnify and save harmless the Owner and the Engineer, of and from all claims for Worker's Compensation which may be made by any of the employees of the Contractor or by any of the employees of any subcontractor to whom the Contractor may have let the performance of any part of the work embraced by this Contract and the Contractor will appear for and defend the Owner and Engineer against any and all such claims. C: Public Liability and Property Damage Each Contractor shall take out and maintain during the life of the Contract such Public Liability and Property Damage Insurance as shall protect the Owner, the Engineer, the Contractor, and any subcontractor perForming work covered by this Contract from claims for damages for personal injury, including wrongful death, as well as from claims for property damages, which may arise from performance related to this contract, whether such performance be by himself or by any subcontractor or any person directly or indirectly employed on the project. D: Fire Insurance \0083-04.08 ' ' ' ' , , 1 � ' CJ The Contractor shall, from commencement of the Contract and until final acceptance by the Owner upon completion of the entire contract, maintain insurance on all insurable items of the work included in the Contract against loss or damage by fire or lightning and those periods covered by the extended coverage endorsement. This insurance shall be listed in the names of the Owner; Trustee; Contractor; and his subcontractors as their respective interests may appear, in such amounts as shall fully protect the interests of the Owner; Trustee; Contractor; or any of his subcontractors. The risk of loss or damage to the construction work due to the perils covered by the said fire policy with extended coverage, as well as any other hazards which might result in damage to the construction work, is that of the Contractor and Surety, and no claims for extra money by the Contractor for such loss or damage shall be recognized by the Owner nor will such loss or damage excuse the complete and satisfactory performance of the Contract by the Contractor. E: Special Hazards Special hazards, if there is a possibility of such hazards existing in the work contemplated, shall be covered by rider or riders to the policy or policies. Two such possible hazards are blasting and environmental damage. 00700.09 PROOF OF INSURANCE Contractor shall prior to executing the Contract deliver to the Owner, proper evidence of > > carriage of the insurance required by this Contract. Certificates will be acceptable proof of ' public liability, property damage and Worker's Compensation Insurance. An original policy of fire insurance must be submitted to the Owner as soon as an insurable interest exists. ' 00700.10 ACCIDENTS AND CLAIMS � �i ' � � � L� 1 � The Contractor shall be held responsible for all accidents and shall indemnify and protect the Owner and Engineer from all suits, claims and actions brought against it, and all cost for liability to which the Owner or Engineer may be put for any injury or alleged injury to the person or property of another resulting from negligence or cazelessness in the performance of the work, or in protection of the project site, or from any improper or inferior workmanship, or from inferior materials used in the work. 00700.11 MUTUAL RESPONSIBILITY OF CONTRACTORS Should a Contractor in the performance of his Contract cause damage to any person, any property, or work of another Contractor working on this project, he shall, upon due notice to do so from the Owner or other party to the damage, arrange for an amicable settlement thereon. It is agreed by all parties herein that such disputes shall not delay completion of the work, nor be cause for claim against the Owner or Engineer. Work shall be continued by the party claiming damages at his expense, subject to such damages as may be obtained by due course of law. 00700.12 CONTRACTOR'S LIABILITY \0083-04.08 The status of the Contractor in the work to be performed by him under this Contract is that of an independent Contractor and that as such he shall properly safeguard against any and all injury or damage to any person, to public and private property, materials and things; and that, as such, he alone shall be responsible for any and all damage, loss or injury to persons or property that may rise, or be incurred, in or during the conduct or progress of said work without regard to whether or not the Contractor, his subcontractors, agents, or employees have been negligent; and that Contractor shall keep the Owner and Engineer free from, and shall discharge any and all responsibility and therefore of any sort or kind. The Contractor shall assume all responsibility for risks or casualties of every description, for any or all damage, loss or injury to persons or property arising out of the nature of the work, from the action of the elements, or from any unforeseen or unusual difficulty, the Contractor shall assume and be liable for all blame and loss of whatsoever nature by reason of neglect or violation of any federal, state, county, or local laws, regulations or ordinances; that Contractor shall indemnify and save harmless the Owner and Engineer all their officers, agents, and employees, from all suits or actions at law of any kind whatsoever in connection with this work and shall, if required by the Owner, produce evidence of settlement of any such action before final payment shall be made by the Owner. Contractor acknowledges receipt of one dollar as full and specific consideration for this indemnity agreement. 00700.13 FAMILIARITY WITH CONTRACT REQUIREMENT It is the responsibility of, and it is hereby agreed that, the Contractor has, prior to signing of the Contract, satisfied himself as the nature and location of the work, the conformation of the ground, the character, quality, and the quantity of the materials which will be required, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and of all other matters which can in any way affect the scope of the work under this Contract. Information concerning the general condition of the project site existing at the time of bidding is presented in the plans and specifications solely for information and convenience in describing the work to be accomplished and the use by the Contractor of such information cannot in any way relieve the Contractor of his responsibilities as outlined herein for determining the actual conditions existing at the site and for basing his bid price upon such conditions. No verbal agreement or conversation with any officer, agent, employee of the Owner, or the Engineer, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. Failure to comply with any or all of the requirements will not relieve Contractor from the responsibility of properly estimating the difficulty or costs of successful completion of the work nor from the responsibility for the faithful performance of the provisions of this Contract. 00700.14 PATENT RIGHTS The Contractor shall obtain all necessary consents and shall pay all royalties, licenses, and fees for the use of any patented invention, articles, composition or process in the work done or the materials furnished, or any part thereof embraced in this Contract. The Contractor shall be \0083-04.08 1 � l.J ' ' � � �� ' LJ ' ' responsible for any claims made against the Owner, its agents and employees for any actual or alleged infringement of patents by the use of any patented articles, appliances, etc., in the construction and completion of the work, and shall save harmless and indemnify the Owner, its agents and employees from all costs, expenses, and damages, including attorney's fees which the Owner may be obliged to pay by reason of any actual or alleged infringements of patents used in the construction and completion of the work herein specified. 00700.15 PERMITS AND LICENSES Permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor unless otherwise specified. Permits, licenses and easements for permanent structures or permanent changes in existing facilities will be secured and paid for by the Owner, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising there from. 00700.16 LAWS AND REGULATIONS The Contractor at all times shall observe and comply with all Federal, State, Local, and/or Municipal laws, ordinances, rules, and regulations in any manner and those which may be enacted later, or bodies or tribunals having jurisdiction or authority over the work and shall indemnify and save harmless the Owner against any claim or liability arising from, or based on, the violation of any such law, ordinance, rule, regulation, order, or decree. The bidder is assumed to have made himself familiaz with all Federal, State, Local, and ' Municipal laws, ordinances, rules, and regulations which in any manner affect those engaged or employed in the work, or the materials or equipment used in or upon the work, or in any way ' affect the work and no plea of misunderstanding will be considered an excuse for the ignorance thereof. , 00700.17 DIMENSIONS AND ELEVATIONS Figured dimensions on drawings sha11 take precedence over the measurements by scale, and ' detailed working drawings aze to take precedence over general drawings and shall be considered as explanatory of them. In case of conflict between dimensions or scales the Engineer shall make all necessary final clarifications. ' ' , 00700.18 PLANS, SPECIFICATIONS AND SHOP DRAWINGS The specifications aze intended to supplement and clarify the plans. Work is sometimes called for in the specifications that is not shown completely on the plans; and the plans sometimes indicate \0083-04.08 work that is not mentioned in the specifications. Both plans and specifications must be complied with completely in order to fulfill the Contract requirements; and whether or not the work is specifically defined in any bid item, any work called for by either is as binding as if it were called for by both. The construction drawings, as prepared prior to receiving bids, are intended to describe the general scope of the work and to form the basis of comparable bids and may be supplemented after award of the contract with manufacturer's shop drawings, detailed working drawings and other detailed data necessary to thoroughly describe the requirements of the finished facility. In no case, however, will such supplemental information form the basis of claims by the Contractor for increased compensation and in no case will the required work described by the supplemental information be considered as extra work. In case of conflict between plans and specifications, the Engineer shall be the sole judge of which shall prevail. The Engineer shall make all necessary explanations as to the true meaning and intent of the plans and specifications. Any errors or omissions in the plans and specifications may be conected by the Engineer when such corrections are necessary for the proper completion of the work. The Contractor shall sign and stamp approved all shop or setting drawings for items of equipment on which he has bid and proposes to install, to verify field dimensions, design criteria, and materials. After the Contractor has signed and approved the shop drawings, they shall be promptly submitted to the Owner in quadruplicate for review for conformance with the design concepts of the project. The Contractor shall call Owner's attention to any deviation in the shop drawings or submittals from the requirements of the plans and specifications. No deviation from the plans and specifications shall be approved without a written Change Order. Changes or corrections may be noted by the Owner and one copy will be returned to the Contractor. The Contractor shall make any corrections required by the Owner and shall return the required number of corrected copies of shop drawings until no exception is taken. The Contractor shall direct specific attention in writing to revisions on resubmitted shop drawings other than the corrections called for by the Owner on previous submissions. Contractor's stamp of approval on any shop drawings shall constitute a representation to the Owner that the Contractor has either verified all quantities, dimensions, field constxuction criteria, materials, catalog numbers, and similar data or he assumes full responsibility for doing so and that he has reviewed or coordinated each shop drawing with the requirements of the work and the Contract documents. The shop drawings in no way become a part of the Contract documents but are furnished for informational purposes only. Regardless of corrections made in, review or approval given to such drawings by the Engineer, the Contractor shall be responsible for the accuracy of such drawings and for their conformity to the Contract plans and specifications. 00700.19 DRAWINGS AND SPECIFICATIONS FURNISHED TO CONTRACTORS The successful General Contractor shall be entitled to receive from the Owner six (6) free sets of Contract drawings and specifications. 00700.20 WORKING SCHEDULES AND PROGRESS CHARTS \0083-04.08 � ' ' ' � ' ' , ' , � 1 The Contractor shall prepare and submit to the Owner for approval prior to initiating construction activities a working schedule showing the locations and the order in which the Contractor proposes to undertake the construction. A schedule will include anticipated starting and completion dates for the various sections and items included in this Contract and will also indicate scheduled delivery date for all mechanical equipment. Accompanying this schedule shall be a chart su�ciently large to be suitable for recording the progress of the work. The Contractor will be required to indicate actual progress on this chart and printed copies shall be made available at the end of each month. T'hese progress charts will be used in preparing the monthly estimates to the Owner. 00700.21 SUPERVISION AND RESPONSIBILITY OF THE CONTRACTOR The Contractor shall give the work the constant attention necessary to facilitate the progress thereof and sha11 cooperate with the Owner and with other contractors in every way possible. The Contractor shall at all times have a competent superintendent, capable of reading and thoroughly understanding the drawings and specifications, as his agent on the work, who shall, as the Contractor's agent, supervise, direct and otherwise conduct the work. Such superintendent shall be furnished irrespective of the amount of work sublet. The Contractor shall be solely and wholly responsible for delivering the completed work in a good and workmanlike condition and for the good condition of the work and materials until final acceptance and his formal release from his obligations. He shall bear all losses resulting on account of the weather, fire, the elements, or other causes of every kind or nature. The Contractor shall indemnify and hold harmless (to a limit of $10,000,000) the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses, including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expenses is: (a) attributable to bodily injury, sickness, disease or death, or to injury to or destruction of ' tangible property (other than the work itsel�, including the loss of use resulting therefrom and, � � (b) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. ' In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation ' shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Worker's Compensation Acts, Disability Benefits Acts or other employee benefit acts. ' ' \OOS3-04.08 The Contractor shall be held responsible for any violation of laws or ordinances affecting in any way the conduct of a11 persons engaged, or the materials or methods used by him, on the work. The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as are necessary to comply with the requirements and regulations of the State Department of Health & Rehabilitative Services or the County Health Department. He shall commit no public nuisance. Sanitary facilities shall be at least 500-feet from the nearest water well. Privies shall have incorporated therein metal containers which shall be tightly closed and all waste shall be transported away from the site of the work and disposed of properly. Any instructions, directions, or orders from the Owner shall be given to the Contractor through his authorized representative. The Owner, except in the absence of the representative, has no authority to give directions, orders or instructions directly to the Contractor. 00700.22 SERVING NOTICE Any notice to be given the Contractor under this contract shall be deemed to be served if the same be delivered to the person in charge of any office used by the Contractor or his superintendent or agent at or near the work, or deposited in a post office, postpaid, addressed to the Contractor at his place of business as set forth in this contract. 00700.23 AUTHORITY OF ENGINEER The supervision of the execution of this contract is vested wholly in the Contractor. In the event the Owner has engaged the Engineer to represent him during the construction phase the order, instructions, directions, or requests of the Owner are to be given through the Engineer. The Engineer shall transmit them promptly to the Contractor as coming from the Owner and originating in the Owner. The Contractor shall designate a representative to receive such instructions, directions or requests in his absence, and failing to do so, will be held responsible for the execution of them. The Owner shall have the sole authority to suspend the work wholly or in part for such period or periods as may be deemed necessary due to failure on the part of the Contractor to cany out orders given to perform any or all provisions of the contract. The Contractor shall not suspend the work and shall not remove any equipment, tools, lumber or other materials without the written permission of the Owner. The Engineer has no responsibility regarding the Contractor's safe prosecution of the work or his compliance with any applicable safety codes or regulations. 00700.24 OBSERVATION OF THE WORK The Owner or his authorized representative shall have free access to the materials and the work at all times for measuring or observing the same, and the Contractor shall afford him all necessary facilities and assistance for so doing. 10083-04.08 � � 1 ' � � 1 1 1 r , � ' ' , ' � � ' After written authorization to proceed with the work, and the Engineer has been engaged to act as the Owners representative, the Engineer sha11: A. Make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents; he will not be required to make exhaustive or continuous on-site observations to check the quality or quantity of the work, he will not be responsible for the construction means, methods, procedures, techniques and sequences of construction and he will not be responsible for the Contractor's failure to perform the construction work in accordance with the Contract Documents; he will not be responsible for safety precautions and procedures in connection with the work; and during such visits and on the basis of his on-site observations as an experienced and qualified design professional he will keep the Owner informed of the progress of the work, will endeavor to guard the Owner against defects and deficiencies in the work of Contractors and may disapprove work as failing to conform to the Contract Documents. B. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of materials and equipment and other data which the Contractor is required to submit, only for conformance with the design concept of the project and compliance with the information given by the Contract Documents, and assemble written guarantees which are required by the Contract Documents. Review of shop drawings by Engineer shall not relieve Contractor from his responsibility to perform his work in accordance with the plans and specifications. C. Consult with and advise the Owner, act as the Owner's representative at the project site, issue all instructions of the Owner to the Contractor and prepare routine Change Orders as required. D. Based on his on-site observations as an experienced and qualified design professional and on his review of the Contractor's applications for payment, determine the amount owing to the Contractor and approve in writing payment to the Contractors in such amounts; such approvals of payment to constitute a representation to the Owner, based on such observations and review of the data comprising such applications, that the work has progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents, subject to the results of any subsequent test called for in the Contract Documents and any qualifications stated in his approval. Such partial and final payments will be as specified elsewhere herein except as modified in this paragraph. E. Conduct, in company with the Owner, a final site visit of the project for general conformance with the design concept of the project and general compliance with the information given by the Contract Documents, and recommend in writing final payment to the Contractor. 00700.25 \0083-04.08 EXAMINATION OF THE WORK The authority and duties of the resident project representatives when provided and authorized as employees of the Engineer and when the employment thereof is authorized and paid by the Owner, are limited to examining the material furnished, observing the work done and reporting their findings to the Engineer. The Engineer does not underwrite, guarantee or insure the work done by the Contractor. It is the Contractor's responsibility to perform the work in all details in accordance with the Contract Documents, and the Engineer shall never be responsible or liable to either the Owner or the Contractor or any other party by reason of the Contractor's failure to do so. Failure by the Engineer or by any project representative or other representative of the Owner engaged in on-the-site observation to discover defects or deficiencies in the work of the Contractor shall never, under any circumstances, relieve the Contractor from his responsibility therefore to the Owner, or subject the Engineer to any liability to the Owner, the Contractor, or any other party for any such defect or deficiency. Project representatives shall have no authority to permit deviation from or to modify any of the provisions of the Drawings or Specifications without the written permission or instruction of the Engineer, or to delay the Contractor by failure to observe the materials and work with reasonable promptness. The Engineer, his representatives, employees, or any resident project representative in the employment of the Engineer will not have authority to supervise, direct, expedite or otherwise control and instruct or order the Contractor or his employees in the fulfillment of the Contractor's obligation. The Owner's instructions, orders, directions and/or orders to the Contractor shall be given only through the Engineer, or his employees. The Engineer may only advise the Contractor when it appears to the Engineer that the work and/or materials do not conform to the requirements of the Contract Documents, including the Drawings and Specifications. The payment of any compensation, irrespective of its character or form, or the giving of any gratuity, or the granting or any valuable favor, directly or indirectly, by the Contractor to any project representative, is strictly prohibited, and any such act on the part of the Contractor will constitute a violation of the contract. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested, or approved by someone other than the Contractor, the Contractor will give the Engineer timely notice of readiness therefore. The Contractor will furnish the Engineer the required certificates of inspection, testing or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials, or such other applicable organization as may be required by law or the Contract Documents. If any such work required so to be inspected, tested or approved is covered without written approval of the Engineer, it must, if requested by the Engineer, be uncovered for observation at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided. 00700.26 PROTECTION OF WORK AND PROPERTY The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect the Owner's property from injury or loss arising in connection with this Contract. He shall make good any such damage, injury, or loss, except such as maybe directly due to errors in \0083-04.08 ' � LJ � � � ��. � � � � , ' ' � � � � the Contract Documents, or caused by agents or employees of the Owner. He shall adequately protect adjacent property as provided by law and the Contract Documents. He shall provide and maintain all passage ways, guard fences, lights, and other facilities for protection required by public authority or local conditions. From the start of the work until the completion and acceptance of the work, the Contractor shall be solely responsible for the work covered by this contract and for the materials delivered at the site intended to be used in the work and a11 injury or damage done to the same from whatever cause as well as any damage done by him, his agents, employees and for subcontractors in the performance of the work, shall be made good by him at his own expense before the final payment is made. The Contractor shall be responsible for the preservation of all trees along and adjacent to the work and shall use every precaution necessary to prevent damage or injury thereto. The Contractor shall not willfully or maliciously injure or destroy trees or shrubs, and he shall not remove or cut them without proper authorization from the Owner. Any limbs or branches of trees broken during such operations, shall be trimmed with a clean cut and painted with an approved tree healing compound. The Contractor will be liable for all damages or at the option of the Owner may be required to replace or restore at his own expense, all vegetation not protected and preserved that may be destroyed or damaged. The Contractor shall provide suitable means of protection for all materials intended to be used in the work and for all work in progress, as well as for completed work. The Contractor shall furnish all the necessary equipment, shall take all necessary precautions and shall assume the entire cost of handling any sewage, seepage, storm, surface and flood flows which may be encountered at any time during the construction of the work. The manner providing for these occurrences shall meet with the approval of the Owner, and the entire cost of said work shall be considered as having been included in the unit prices submitted for the several items of the work to be done under this contract. 00700.27 USE OF COMPLETED PORTIONS The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as the Owner may determine. 00700.28 THE OWNER'S RIGHT TO DO WORK If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this contract, the Owner, after three days' written notice to the Contractor may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. 00700.29 ALTERATION OF PLANS \0083-04.08 The Engineer reserves the right to make such alterations in the plans or in the character of the work as may be considered necessary or desirable from time to time to complete fully the construction of the work, provided such alterations do not change materially the original plans and specifications, and such alterations shall not be considered as a waiver of any condition of the contract nor to invalidate any of the provisions thereof. No alterations in the plans or in the character of the work shall be made without the previous written approval of the Engineer and/or Inspector. 00700.30 UNAUTHORIZED WORK Work done without lines and grades being given, work done beyond the lines and grades shown on the plans or as given, except as herein provided, or any extra work done without written authority, will be considered as unauthorized and at the expense of the Contractor and will not be accepted or paid for by the Owner. The Owner may order that work so done be removed and replaced at the Contractor's expense. 00700.31 CLAIMS FOR EXTRA COST If the Contractor claims that any instructions by drawings or otherwise involves extra cost under this contract, he shall give the Owner written notice thereof within a reasonable time after the receipt of such instructions, and in any event before proceeding to execute the work, except in emergency endangering life or property; and the procedure shall then be as provided for changes in the work. No such claim shall be valid unless so made. 00700.32 CHANGES IN THE WORK If for any reason it be deemed necessary in the opinion of the Owner to make any variations in the scope or nature of the work, which variations increase or decrease the quantities of the work specified, or change the location to an extent not unreasonably affecting the conditions of the work, and further interpreted by the Owner as involving no classes of work other than those called for by this contract, the Contractor shall, upon written order from the Owner to that effect, make such variations. If such variations diminish the quantity of the work to be done, no claim for damages or for anticipated profits on the work that may be dispensed with shall thereby accrue to the Contractor, and the value of the work dispensed with will not be included in any payments made to the Contractor. If such variations increase the amount of the work, the value of such increase shall be determined and fixed by the Owner in accordance with the quantity of such work actually done, and at the unit prices stipulated in the contract. All major changes will be issued in a standard form which will contain a description of the work involved in the change, a reference to the proper construction drawings or revised drawings and will not be effective until signed by the Owner and Contractor. Such alterations or changes as are mentioned in this section shall not vitiate or annul the obligations of the contract or the agreement for the work. \0083-04.08 � � � �' � � � �' � � � 4 _J � Should, in the opinion of the Owner, any contemplated change in the quantities of the work, or alterations thereof, materially affect the character of the work, or any part thereof, or materially affect the compensation for the same, then the work sha11 be classed as extra work. 00700.33 EXTRA WORK/INCREASED COMPENSATION The Owner may at any time, by a written order, without notice to the 5ureties, and without invalidating the contract, require the performance of such extra work or substantial changes in the work as it may find necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work, as ordered, shall be determined as follows: (a) (b) By unit prices named in contract and subsequently agreed upon. By a lump sum mutually agreed upon by the Owner and the Contractor; or (c) If no such unit prices are set forth and if the parties cannot agree upon a lump sum, then by the actual net cost in money to the Contractor of the wages of applied labor (including premiums for Worker's Compensation Insurance, and Social Security taxes); plus twenty per centum (20%) as compensation for all items of profit, administration, overhead, superintendence, insurance other than Worker's Compensation Insurance, materials used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the performance bond of the Contractor and the use of small tools; plus the net cost to the Contractor for the materials required in the extra work; plus the cost of rental for plant equipment (other than small tools) required and approved for the extra work. 00700.34 SUSPENSION OF WORK The Owner shall have the right to suspend the whole or any part of the work, when, in the opinion of the Owner, the Contractor is not doing the work in accordance with the provisions of the contract and specifications. If, in the judgment of the representatives of the Owner, the Contractor is taking undue risk of damage to any part of the construction by proceeding with the work during unfavorable weather or other conditions, then the Owner shall immediately verbally notify the Contractor or his representatives on the site confirming the same in writing. The Owner may thereupon suspend the work temporarily, either wholly or in part for such periods as may be necessary on account of conditions unfavorable for the safe and proper prosecution of the work. In case of such suspension, a proper extension of time may be required by the Contractor but, regardless whether it is granted or not, no allowance will be made of the Contractor for any expense resulting there from. The Owner shall not be liable to the Contractor in any manner for any expenses, damages, loss of profits, anticipated or otherwise, or any other charges whatsoever arising out of a suspension in the work of either this Contractor or any Contractor engaged on this project. It shall be clearly understood that the failure of the Owner to so advise shall not relieve the Contractor of his responsibility for compliance with the conditions of the contract. \0083-04.08 Should the Contractor fail to comply with any orders of the Owner relative to any particular parts of the work, the Owner shall have the right to suspend the work on any or all parts until its orders respecting the particular parts are complied with. In case of such suspension, which shall be considered due to the fault of the Contractor, no extension of time shall be given and no allowance will be made for the expense of the Contractor on account of idle equipment or forces during the terms of such suspension. 00700.35 DEFECTIVE WORK OR MATERIALS If at any time any materials or workmanship should be discovered which do not comply with the plans, specifications and contract drawings, such defective work and/or material shall immediately be removed or corrected by the Contractor when notified to do so by the Owner, and such defects shall be replaced or corrected at the Contractor's expense. Any work or materials condemned by the Owner as unsuitable or improperly done shall be removed and repaired or otherwise remedied, as the Owner may require. If the Contractor shall neglect or refuse to remove or replace defective work or materials within seven (7) days from the date of the notice from the Owner to do so, then the Owner may remove or cause the same to be removed and satisfactorily replaced by contract or otherwise, as they may deem expedient, and they may and are empowered, to charge the expense thereof to the Contractor. The expense so charged will be deducted and paid by the Owner out of such monies as are or may become due under this agreement, or if such monies are not sufficient to meet said expense, the additional monies shall be furnished by the Contractor, and if he refuses or neglects to provide the necessary monies they shall be provided by his Surety. 00700.36 ABANDONMENT OF WORK Should the Contractor abandon, or in any manner fail to complete the work, the Owner is hereby authorized and empowered to pay any workmen who may have been employed by the Contractor, for work done, and to pay any claims against the Contractor for material furnished, out of any funds that would otherwise be due or become due the Contractor under this Contract, and in every such case the Owner is hereby authorized and empowered to ascertain the amount or amounts so due or owning to the workmen, or for materials so furnished; and the amount or amounts so found to be due and payable, shall be final and conclusive against the Contractor, and may thereafter be paid by the Owner to said labor, or to liquidated claims for materials furnished; and any partial or final payment may be withheld from the Contractor until all such claims for labor or material on his Contract have been satisfied. 00700.37 FORFEITURE OF CONTRACT The Owner, at any time during the continuance of the contract for the work herein provided for, and prior to the date of acceptance of the work as hereinafter provided, shall have the right and power to declare the whole or any part of the same forfeited for the violation of any of the conditions, terms, requirements, or limitations herein contained, or if the performance of the Contract is unnecessarily or unreasonable delayed, or if the Contractor is not progressing with the work as fast as is necessary to insure its completion within the time specified and as required by \0083-04.08 � � � � � � � ,� � � � � � � � � � � � ' � his Contract, or if the Contractor is showing bad faith in carrying out the Contract, or if the work not be fully completed within the fixed time in this Contract for its completion, or within the time to which such completion may be extended as hereinafter provided, or further, if the Contractor shall fail to or refuse to remedy or repair defective work or materials when so ordered as herein provided. If the Owner shall declare the said contract forfeited, in whole or in any particulax, such declaration of forfeiture shall in no way relieve or affect the liability of the Contractor and his Sureties for breach of any of the covenants and conditions of said Contract. 00700.38 THE OWNER'S RIGHT TO TERMINATE CONTRACT If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors for material or labor, or persistently disregazd laws, ordinances or the instructions of the Owner, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Owner, upon determining that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven (7) days' written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor or his Sureties shall pay the difference to the Owner. The expense incurred by the Owner as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Engineer. 00700.39 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work should be stopped under an order of any court, or other public authority, for a period of three (3) months, through no act or fault of the Contractor or of anyone employed by him, or if the Owner fails to make timely payments for completed work, then the Contractor may, upon seven (7) days' written notice to the Owner, stop work or terminate this Contract and recover from the Owner payment for all work executed and any loss sustained upon any plant or materials and reasonable profit and damages. 00700.40 NO WAIVER OF CONTRACT Neither an extension of time, for any reason, beyond the date fixed herein for the completion of the Contract, nor the delivery and acceptance of any articles or materials, nor any payment for, nor acceptance of the whole or any part of the work by the Owner, nor any possession taken by the Owner or its employees or agents, shall be deemed to be a waiver by the Owner of the right to abrogate this Contract for abandonment or delay or non- performance in the manner herein provided, nor shall it operate to void or annul any of the terms of this Contract. 00700.41 NO ESTOPPEL \0083-04.08 Neither the Owner, nor any agent or officer thereof shall be precluded or estopped by any return or certificate made or given by the Owner or other officer, agent or appointee of the Owner under any provision of this agreement at any time, either before or after final approval and acceptance of the work and final payment therefore, from showing the true and conect amount and character of the work done and materials furnished by the Contractor or any other person under this agreement or that any such return, or certificate, is untrue and incorrect or improperly made in any particular, or that the work and materials, or any part thereof, do not, in fact, conform to the specifications and Contract Drawings, and the Owner shall not be precluded or estopped notwithstanding any such return or certificate and payment in accordance therewith, from demanding and recovering from the Contractor such damages as it may sustain by reason of his failure to comply with the specification and Contract Drawings. 00700.42 TIME FOR COMPLETION Work on this Contract shall be commenced on a date specified in a written order of the Owner. The work shall be carried on with such force and in such manner and order and at such points that within the time limit designated in the Contract, or as may be modified or extended as hereinafter provided, and as computed from the date stated in the notice to commence work, the whole work and its parts shall be performed in accordance with the terms of this Contract. 00700.43 COMPLETION OF WORK DEFINED The time for the completion of the herein specified work is defined as that state when, in the opinion of the Owner or his authorized representative, all the work required to be performed under the terms of the Contract plans, specifications and extra work orders has been completed and the entire facility including appurtenances is ready for continuous permanent use for the purpose intended. After this date there may still remain some cleaning up of Contractor's plant or minor work and/or adjustments, which do not prevent the permanent use of the project. 00700.44 DELAYS AND EXTENSIONS OF TIME If the Contractor shall be delayed at any time in the progress of the work by any cause beyond the Contractor's control and without his fault or negligence, including but not restricted to any act or neglect of the Owner, or of his agents or employees, or by any other Contractor employed by the Owner, or by changes ordered in the work, acts of God or of the public enemy, fires, floods, epidemics, quarantines, strikes, lockouts, riots, civil commotions or freight embargoes or by delay authorized by the Owner, or by any cause which the Owner shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Owner shall decide. No claim for increased compensation shall be paid for delays. No such extension shall be made for delay occurring more than seven (7) days before claim therefore is made in writing to the Owner. In the case of a continuing cause of delay, only one claim is necessary. 00700.45 LIQUIDATED DAMAGES \0083-04.08 , � � �� It is mutually agreed by and between the parties hereto that time is an essential part of this Contract, and that, if the Contractor shall fail to complete the wark or any part thereof within the time fixed in the Contract, the Owner will suffer damages the amount of which cannot reasonably be determined at this time, and therefore agree that the Owner may retain as liquidated damages incident to such delay, from the monies that are or which may become due said Contractor, such sum per day as specified in the Proposal for each and every calendar day the completion of the work be delayed beyond the time specified herein for such completion. In addition to liquidated damages indicated herein, the Contractor will be responsible for additional costs of construction phase engineering services caused by his failure to complete work within the time specified. 00700.46 PRICES The Owner will pay, and the Contractor shall receive, the prices stipulated in the proposal herein contained or hereto annexed, as full compensation for furnishing a11 the equipment and materials, and performing all the labor which may be necessary in the prosecution of the work required to provide the complete facility as defined in this Contract. 00700.47 PARTIAL ESTIMATES AND PAYMENTS If the work progresses according to this Contract, the Owner will make partial payments to the Contractor each month on the basis of a confirmed estimate of the work performed during the preceding calendar month by the Contractor. Upon such estimate being made and confirmed and approved by the Owner, the Owner will pay to the Contractor ninety per centum (90%) of the amount established in such an estimate as the value of the work completed. Such payment shall be considered, however, only as an advance payment and not as part of the final payment to the Contractor; and the Owner may at a11 times reserve and reta.in out of any or all of the said partial payments all such sums as it is or may be authorized to reserve or retain. It is understood and agreed that, should the Owner at any time during the progress of the work consider the amount withheld on monthly estimates of payment to be in excess of the amount necessary to complete the work or necessary for the full and ample protection of the Owner, then the Owner, may reduce the percentage retained to an amount sufficient for the Owner's proper protection. No estimates given, nor payments made, shall be conclusive of the performance of the contract either wholly or in part, and no estimates, payments or certificates of final payment shall be construed to be an acceptance of inferior or defective work or materials. 00700.48 PAYMENTS WITHHELD The Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or a part of any certificate to such extent as may be necessary to protect himself from loss on account of: 1. \0083-04.08 Defective work not remedied. 2. 3. 4. 5. 6. 7. 8. Claims filed or reasonable evidence indicating probable filing of claims. Failure of the Contractor to make payments promptly to subcontractors, or for material, labor or equipment. A reasonable doubt that the Contract can be completed for the balance, then unpaid. Damage to another Contractor. Failure of Contractor to clean-up or restore the project site or rights-of-way. Insolvency of Contractor. Manifest intent of Contractor not to proceed diligently or to complete this contract. When the above grounds are removed, payment shall be made for amounts withheld because of them. 00700.49 LIENS AND FINAL PAYMENTS Neither the final payment nor any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the Owner a complete release of all liens arising out of this Contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge or information the releases and receipts include all the labor and material for which a lien could be filed; but the Contractor may, if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the Owner, to indemnify the Owner against any lien. If any lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all monies that the latter may be compelled to pay in discharging such a lien, including all administrative costs and a reasonable attorney's fee. The final payment shall not become due and payable until the Contractor shall have furnished the Owner with satisfactory evidence that all labor, materials, outstanding claims and indebtedness of whatsoever nature arising out of the performance of the Contract have been paid, and until the Contractor shall have furnished a written statement to such effect executed by Contractor and Sureties, which will further provide that payment to the Contractor of the final estimate shall not relieve any Surety of its obligation to the Owner as set forth in the Surety Bonds. Where one or more claims against the Contractor which are in controversy appear unsatisfied, the Owner shall have the discretion to direct final payment to be made, or a partial payment to be made from the retained percentage, should it be determined that the withholding of the entire final payment would work a hardship on the Contractor or delay the final payments of other Contractors or subcontractors on the project. In such cases, the Contractor and Sureties shall provide the evidences and statements required under this paragraph, but shall itemize the claims which remain unsatisfied, giving the reason therefore, and the statements of the Surety Companies shall provide that the final payment or partial payment, as the case may be, shall not relieve any Surety of any obligations to the Owner as set forth in the Surety Bonds. If only partial payment from the retained percentage is permitted under this paragraph, the final payment shall not be made until the Contractor shall have furnished satisfactory evidence and a statement from the Surety that all 10083-04.08 � � � � � � � � ,� � � � � claims against the Contractor have been paid and that payment to the Contractor of the contract balance shall not relieve the Surety of any of its obligations to the Owner as provided in the '' Surety's Bond. 00700.50 FINAL APPROVAL AND ACCEPTANCE OF THE WORK � Following the completion of this Contract, as such completion is defined in the Specifications and as soon thereafter as practicable, the Owner, his representative or the Engineer will review � the work and will make a final estimate of the amount and value of work done by the Contractor. If the said work appears to be satisfactory and appears to be done in accordance with the provisions and terms of the Contract Documents, the Owner, upon notice of completion from his � representative, and within forty-five (45) days after the final estimate of work is made and confirmed as correct and unpaid and is approved, will pay to the Contractor the full value of the � work done under this Contract less any amounts previously paid and less any advances whatsoever, and the Owner will certify the work as completed and will accept it. Said acceptance will, however, be in all events conditional upon the subsequent remedying by the Contractor of � defects in workmanship or materials which may become apparent within a period of one (1) year (or a longer period as required elsewhere in the Contract Documents) following the date of acceptance as herein required. In the event the Owner refuses or declines to certify the work as � completed and accepted and make final payment therefore within forty-five (45) days after notice and certification, the Owner shall immediately set forth in writing to the Contractor the reasons for such non-acceptance of the work. After all valid reasons for non-acceptance have been � removed, the Owner sha11 execute the final certificate of completion and acceptance and shall make final payment. The certification of completion and acceptance of the work will be a � prerequisite to final payment hereunder. All prior estimates and payments, including those relating to extra work, shall be subject to correction or adjustment by the final cost estimate. Such final payment, however, shall not serve as a release of the Contractor or of his Sureties from the previously required guarantee against defects in Contract performance for a period of one (1) year following the date of acceptance of the work by the Owner. The acceptance by the Contractor of the final payment, made as aforesaid, shall operate as and shall �e a release to the Owner and to the Engineer and every member and agent of both said parties from all claims and liabilities to the Contractor for anything done or furnished for, or relating to the work, or for any act or neglect of the Owner or the Engineer or of any person relating to or effecting the work, but this final payment shall not relieve the Contractor from his indemnity, guarantee and/or warrar�ty obligations under the terms of the Contract. � As soon as is practicable after twelve (12) months have elapsed from the date of completion as herein defined, the Owner shall make a review and re-inspection of the work and performance of this contract, or cause the same to be made. If the said performance and work shall be found � satisfactory and work not to have deteriorated through defects in workmanship or materials, then the Owner shall certify the release of the Surety on the Bond for Performance of Contract. If, however, the review and re-inspection, or any prior inspection, discloses defects due to the ' non-fulfillment of this Contract, or non-compliance with its requirements, the Owner shall so notify the Contractor in writing, and thereupon the Contractor shall, at his own expense, repair or � \0083-04.08 replace and shall make good a11 defects in workmanship, materials, and guarantee, and shall rectify any non-compliance, and such repairs and fulfillment shall be a prerequisite to the release of the Surety on the Bond. If, however, the Contractor shall, after due notice, refuse or neglect to make good the defects to the satisfaction of the Owner, then the Owner may, and is hereby empowered to, proceed in the manner prescribed in the event of abandonment or forfeiture of the work by the Contractor, in which case completion by the Owner and the payment of claims for material and labor and other expense as provided in such procedures, sha11 be a prerequisite to the release of the Surety on the Bond for Performance of Contract. Within thirteen (13) months after the date of acceptance of the work, or as soon thereafter as practical, as hereinbefore provided, following a re-inspection, and provided further that any repairs necessitated by defects in material or workmanship as determined by the Owner in the re-inspection shall have been made, the Owner will, in writing, finally release the Contractor, his Sureties and all parties hereunder. \0083-04.08 �; � SECTION 00800 SUPPLEMENTARY CONDITIONS 00800.01 SUPPLEMENTARY CONDITIONS PREVAIL � The rovisions of this section amplify, amend, change and/or add to all other provisions of the P Contract Documents. In the event of a conflict between these Supplementary Conditions and any � other Sections of the Contract Documents, the Supplementary conditions shall apply. 00800.02 MATERIALS SUPPLIED BY THE OWNER Clearwater Gas System shall supply the following materials: piping (carrier and casing); valves and valve boxes; fittings; tracer wire; marker tape; mazker poles; and splice kits. The contractor shall supply the labor necessary for loading the materials supplied by the City of Clearwater. The contractor sha11 provide all other materials necessary to complete the work. 00800.03 PERMITS The Contractor shall perform all work in strict accordance with the requirements of the following � permits which will be obtained by the Owner: Pinellas County Use Permit, Various City Use Permits, Florida Department of Transportation Utility Permit, Army Corps of Engineers permit � and the Florida Department of Environmental Protection Dredge and Fill Exemption. � � 00800.04 JOINING OF PLASTIC PIPE In amplification of Section 02685, Page 02685-4, Article 3.06, the Contractor shall get prior approval from Clearwater Gas System to use electric fusion couplings. If electric fusion couplings are used, they shall be supplied by the Contractor at no additional cost to the Owner. \0083-04.08 �' �. � � ;� � � � �' � � � � � � � � � �' \0083-04.08 SECTION 00900 ADDENDA (Insert Addenda here) � � SECTION 01000 GENERAL REQUIREMENTS � 01000.01 TRAFFIC CONTROL � � � � � � � � � � The Contractor shall maintain traffic within the limits of the project for the duration of the construction period, in accordance with the requirements of FDOT Section 102 of the "Standard Specifications", as amended herein. The local streets shall be kept open to two-way traffic for the duration of the construction period, except that one lane of traffic will be permitted provided that flagmen aze used. The Contractor will not be permitted to isolate access to residences or places of business. Traffic on County roads and State highways shall be controlled in accordance with the current standards of the appropriate agency. The Contractor shall furnish, erect and maintain all necessary traffic control and safety devices, in accordance with the Florida Department of Transportation "ROADWAY AND TRAFFIC DESIGN STANDARDS", applicable edition, and State of Florida "MANUAL OF TRAFFIC CONTROL AND SAFE PR.ACTICES FOR STREET AND HIGHWAY CONSTRUCTION MAINTENANCE AND UTILITY OPERATIONS", applicable edition, and shall take all necessary precautions for the protection of the work and the safety of the public for the duration of the construction period. 01000.02 MATERIALS, EQUIPMENT AND LABOR Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and any other facilities necessary for the proper execution and completion of the work. Unless otherwise specified, all materials shall be new. The Contractor, if required, shall furnish satisfactory evidence as to the kind of and quality of materials. Before any contract is awarded the bidder may be required to fizrnish a complete statement of the origin, composition and manufacture of any or all materials or equipment to be used in the work, together with samples, which samples may be subject to tests provided for in these specifications to determine their quality and fitness for the work. All materials and all workmanship shall be of good quality and meet specification requirements. Failure of the Owner or Engineer to request material, samples or conduct tests on the same does not relieve the Contractor of responsibility to furnish the material as specified. The Contractor shall furnish such equipment as is considered necessary for the prosecution of the work in an acceptable manner at a satisfactory rate of progress so as to insure completion by the date set forth in the Contract. The equipment used on any portion of the work shall be used in such a manner so as not to endanger the lives of the operators or others, nor cause damage to adjacent real property, roadways, structures, or any other property whatsoever. MS082393 01000.03 PROGRESS PHOTOGRAPHS The Contractor shall furnish photographs, 5" x 7", on standard weight paper with negatives, as directed by the Owner, showing the job, before, during and upon completion of the construction. Smaller size (not less than 3"x4") photographs shall be furnished to show unusual conditions encountered during construction. 01000.04 STANDARDS Wherever in these Contract documents reference is made to any of the following, or other, specifications, codes, standards, and requirements, by abbreviation or name, it shall be understood that the specifications, codes, standards, and requirements in effect on the date of advertisement for bids shall govern. ASTM ASME ASA AWWA NEMA AIEE AASHTO NBFU NEC ACI AGA AISC AWPA Fed. Spec. SBC FDOT American Society for Testing Materials American Society for Mechanical Engineers American Standards Association American Water Works Association National Electric and Manufacturers Association American Institute of Electrical Engineers American Association of State Highway and Transportation Officials National Board Fire Underwriters National Electric Code American Concrete Institute American Gas Association American Institute Steel Construction American Wood Preservers Association Federal Specifications U.S. Government Southern Building Code Florida Department of Transportation "Standard Specifications" - FDOT Standard Specifications for Road and Bridge Construction, latest edition, including all supplemental specifications, indices and other directives in effect. 01000.05 STORAGE OF MATERIALS AND RIGHTS-OF-WAY The Owner shall provide the land upon which the work is to be done, with right of access thereto unless otherwise specified elsewhere in the Contract Documents. The Contractor shall anticipate requirements of space and land for the erection of temporary construction facilities, office, and storage of materials. Should the Owner decide that the site of work is insufficient for such temporary facilities, the Contractor will be required to arrange for such additional space and land as may be necessary at his expense. The Contractor shall make his own arrangements for delivery and handling of equipment and materials as he may require for the prosecution of his work. In underground utility work all materials required in the work may be stored on the sides of the roadway or parking area of the MS082393 � � � ' street in which the utilities are to be constructed, as approved by the Owner and/or municipality having jurisdiction, but all such materials, tools and machinery shall be neatly and compactly piled in such manner as to cause the least inconvenience to the property owners and the traffic. Material shall be stored outside of the "Clear Zone" of roadways. All fire hydrants must at all times be kept free and unobstructed and water and gas shut-off boxes must be kept uncovered. The materials shall be stored so as to insure the preservation of the quality and fitness for the work. When considered necessary, they shall be placed on wooden platforms or other harcl clean surfaces and shall be placed under cover as directed. Stored materials shall be located so as to facilitate prompt inspection. Materials, tools, and machinery shall not be piled or placed against shade trees unless ample protection is provided for the trees. Lawns, grass plots, or other private or public property shall not be used for storage purposes without the written permission of the Owner. 01000.06 UTILITIES The Contractor shall have the complete responsibility of coordinating his work with the owners � of the various utilities now existing or to be constructed within the limits of this project so that a minimum delay in the construction sha11 occur there from. � � � �J � � � � � 01000.07 SAFETY AND HEALTH REGULATIONS The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational and Health Act of 1970 (PL596) and under Sec. 107 of the Contract Work Hours and Safety Standards Act (PL 91-54). 'The Contractor shall comply with the Sta.te of Florida Trench Safety Act. 01000.08 USE OF CHEMICALS All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with instructions. 01000.09 BY-PASSING OF SEWAGE The Contractor shall schedule his work so as to either minimize or completely eliminate any by- pass of raw sewage during construction. 01000.10 DEWATERING AND SEWAGE PUMPS In general, all pumps utilized by Contractor during construction shall be electric motor driven. Internal combustion engine driven pumps may be used for a particular application only upon approval of the Owner. 01000.11 LINES, GRADES AND CONSTRUCTION SURVEYING MS082393 The Contractor shall employ a competent surveyor satisfactory to the Owner to lay out the work from the bench marks, grades, dimensions, points and lines noted on the working drawings, established at the site, or supplied by the Engineer. All work of every description shall be laid out and checked by the Contractor who will be held solely responsible for its correctness, and all expenses in connection with this work shall be paid for by the Contractor. In the event batter boards are used the maximum allowable interval for construction batter boards on sewers and pipe lines will be forty (40) feet for grades under 1.00 percent (1%) and fifty (50) feet for grades of 1.00 percent (1%) and over. The work may be checked by the Owner and, in the event of discrepancy, his decision shall be final. No special compensation will be made to the Contractor to defray costs of any of the work or delays occasioned by making surveys and measurements, tests or inspections, but such costs shall be considered as having been included in the price stipulated for the several items of the work to be done under this contract. 01000.12 TESTS Tests of material, where required by the specifications, shall be paid for by the Contractor. The selection of bureaus, laboratories, and/or agencies for the inspection and testing of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documentary evidence that the materials have passed the required inspections and tests must be furnished to the Owner. 01000.13 WATER AND POWER The cost of all water for construction and testing purposes, as well as the expense of having the water conveyed to and about the work, must be borne by the Contractor and the cost of this work shall be considered as having been included in the unit or lump sum prices stipulated for the several items of work to be done under this contract. Unless otherwise specifically permitted by the Engineer, all water used for construction purposes shall be obtained from the public water supply main. The Contractor shall make his own arrangements for electric light and power, as may be required for his work. 01000.14 MONUMENTS AND LANDMARKS Monuments or landmarks shall not be molested or removed by the Contractor or any of his employees without written consent of the Owner. Any monument or landmark so removed will be replaced by the Owner at the expense of the Contractor. 01000.15 DETOURS MS082393 � � � � � � �' � � �"� � � �� ' The Contractor must so schedule his work that in no case are two adjoining parallel streets closed for utility construction at any one time. If, in the opinion of the Owner, a traffic hazard or an unreasonable long detour is caused by the Contractor's plan of work, he shall immediately revise his working schedule and reopen whatever streets are required for maintenance of traffic. The Contractor will, in no case, be permitted to start work in any new location without permission of the Owner. If the Contractor shall disregard the instructions of the Owner concerning traffic control, it will be considered sufficient cause to invoke that section of the specifications entitled "The Owner's Right to Terminate Contract. The Contractor will be responsible for placing and �� maintaining "Detour" signs when required, or when directed by the Owner. 01000.16 EXISTING UTILITIES The Contractor will be required, at his own expense, to do everything necessary to locate, protect, support, sustain and avoid conflicts with existing water, gas and service pipes, storm and sanitary sewers, existing structures, electric light and power lines, telephone poles, conduits, roads and other fixtures on the site of the work. In case any of the said water, gas, and service pipes, storm and sanitary sewers, existing structures, electric light and power lines, telephone poles, conduits, roads and other fixtures be damaged, they shall be repaired, but the cost thereof shall be considered as having been included in the prices stipulated for the various items of work to be done under contract. 01000.17 SANITARY MEASURES Sanitary conveniences for the use of all persons employed on the work shall be provided and maintained by the Contractor in sufficient number, in such manner and in such places as shall be approved by the Owner. All persons connected with this work shall be obliged to use them, and any employees found violating these provisions shall be discharged and not again employed without written consent. All necessary precautions, including the care of employees, and prevention of any pollution of the existing water supply shall at all times be satisfactory to the governing authorities. The Contractor shall promptly and fully comply with all orders and regulations in regard to these matters. 01000.18 CLEANING UP As the work progresses, the Contractor shall remove from the site and dispose of debris and waste material. Particular attention shall be given to minimizing any fire hazard from combustibles as may be used in connection with the work. On or before the date of the final estimate for the work, the Contractor shall tear down and remove all temporary structures built by him, shall remove all construction plant used by him and shall repair and replace all parts of existing embankments, fences, sidewalks, shrubbery or structures which were removed or injured by the Contractor's operations or by employees of the Contractor; shall thoroughly clean out all sewers, drains, pipes, manholes and miscellaneous structures and shall remove all rubbish and leave ground, thoroughfares, and rights-of-way in a neat and satisfactory condition. 01000.19 FAILURE TO CLEAN UP MS082393 Upon failure of the Contractor to keep the sites of his operations clean, to the satisfaction of the Owner may upon twenty-four (24) hours' notice to the Contractor, remove any rubbish, materials, earth, etc., which the Owner may deem necessary, charging the cost thereof to the Contractor and may deduct the amount from any money that may be due him. 01000.20 RESTORATION OF SURFACE The Contractor shall replace all surface material, and shall restore paving (unless otherwise stipulated), curbing, sidewalks, gutters, shrubbery, fences, sod, and other surfaces disturbed to a condition equal to that before the work began, furnishing all labor and materials incidental thereto. In restoring paved surfaces, new pavement is required except that granite paving blocks, sound brick, or asphalt paving blocks may be reused. 01000.21 PROJECT RECORD DRAWINGS The Contractor shall maintain continuous "record" data for the project, including accurate records of location, length, and elevation of all pipe lines and piping installed and all architectural, mechanical, or structural features of the Contract and will provide specific information to Clearwater Gas System as required. A set of drawings will be provided to the Contractor to be kept at the job site for this purpose. Promptly after completion of any portion of the job site, the Contractor shall deliver to the City Engineer or Owner the drawings with accurate notations recorded thereon as necessary to revise the drawings for record purposes. Information to be shown for water mains shall include the location of valves, tees, and crosses dimensions to the nearest permanent objector monument. Information to be shown for sanitary sewer wyes shall include the distance to the nearest downstream manhole, length of service line, and building number served. The Contractor will be held responsible for the accuracy of such data and shall bear any costs incurred in finding utilities as a result of incorrect data furnished by the Contractor. SECTION 02005 MOBILIZATION MS082393 � � � � � � � � � � LJ � � � � � PART 1- GENERAL � 1.01 � � � � l_ WORK INCLUDED A. The work specified under this Section consists of the preparatory work and operations in mobilizing to begin work on the project, including but not limited to those operations necessary for the movement of personnel, equipment, supplies and incidentals to the project site(s), and for the establishment of temporary offices, buildings, safety equipment and first aid supplies, sanitary and other facilities as required by these specifications, special provisions and state and local laws and regulations. B. The cost of bonds and any required insurance, consideration for indemnification to the Owner and the Engineer, and any other pre-construction expenses necessary for the start of the work, excluding the cost of construction materials, shall also be included in this Section. ,� PART 2 - PRODUCTS � � A. Not Applicable PART 3 - EXECUTION A. Not Applicable � PART 4- MEASUREMENT AND PAYMENT 4.01 � 4.02 � � MEASUREMENT A. The quantity of Mobilization for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Mobilization is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. PAYMENT A. Payment for Mobilization shall be made at the prices stated in the Bid Schedule. If a payment item for Mobilization is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. END OF SECTION SECTION 02221 TRENCHING, BACKFILLING AND COMPACTING FOR UTILITY SYSTEMS � MS082393 � � � PART 1 - GENERAL 1.01 � WORK INCLUDED A. The work included under this Section consists of clearing, excavating, grading and backfilling as required for the construction of the utility systems consisting of piping and appurtenances as shown on the Drawings and specified herein. � PART 2 - PRODUCTS 2.01 �' 2.02 BEDDING MATERIAL A. Bedding material for use below the water table or in wet trenches shall be pea rock, drain field lime rock or similar material as approved by the Owner's Representative. Pipe bedding material for use in dry trenches shall be lime rock screenings, sand or other fine inorganic material as approved by the Owner's Representative. ADDITIONAL BACKFILL MATERIAL � A. Additional backfill material shall be a noncohesive, nonplastic granular mixture of local sand and rock and shall be free from vegetation, organic material, marl, silt or muck. No stones or rocks shall be larger than 6-inches in diameter, and when � placed within 1-foot of piping and appurtenances stones or rocks shall be no larger than 2-inches in diameter (1-inch for PVC). � PART 3 - EXECUTION � 3.01 � � 3.02 � � � CLEARING A. The Contractor shall perform all clearing necessary for the proper installation of all piping and appurtenances in the locations shown on the Drawings. Plantings, shrubbery, trees, utility poles or structures subject to damage resulting from the excavation shall be transplanted, relocated, braced, shored, or otherwise protected, preserved and restored unless otherwise directed by the Owner's Representative. EXCAVATION A. The Contractor shall perform all excavation of every description and of whatever substances encountered, to the dimensions and depth shown on the Drawings, or as directed. All excavations shall be made by open cut. All existing utilities such as pipes, poles and structures shall be cazefully supported and protected from injury, and in case of damage, they shall be restored at no cost to the Owner's Representative. � MS082393 B. Trench walls shall be kept to protect the safety of workmen, the general public, this or other work or structures, or to maintain trench widths within the limits hereinafter specified, shall be properly sheeted and braced in accordance with the Florida Trench Safety Act and Occupational Safety & Health Administration (OSHA) safety standards 29 C.F.R.S.1926.650 Subpart P. Where wood sheeting or certain designs of steel sheeting are used, the sheeting shall be cut off at a level 2-feet above the top of the installed pipe and that portion below that level shall be left in place. If interlocking steel sheeting is used, it may be removed providing removal can be accomplished without disturbing the bedding, pipe or alignment of the pipe. Any damage to the sheeting shall be cause for rejection of the affected portion of the work. Not more than 100-feet of trench shall be opened ahead of pipe laying operations at one time unless the Owner's Representative approves a greater length of open trench. C. In areas where trench widths are not limited by right-of-way, and/or easement widths, property line restrictions, existing adjacent improvements, including pavements, structures and other utilities, and maintenance of traffic, the trench sides may be sloped to a stable angle of repose of the excavated material. A substantially and safely constructed movable shield, "box" or "mole" may be used in place of sheeting when the trench is opened immediately ahead of the shield and closed immediately behind the shield as pipe laying proceeds inside the shield. D. Ladders or steps shall be provided for and used by workmen to enter and leave trenches. E. Pipe trenches for utility lines shall be excavated to a width within the limits of the top of the pipe and the trench bottom so as to provide a clearance on each side of the pipe barrel, measured to the face of the excavation or sheeting, if used, of 8- inches to 12-inches. Where the pipe size exceeds 12-inches, the clearance shall be from 12-inches to 18-inches. All pipe trenches shall be excavated to a level 8- inches below the outside bottom of the proposed pipe barrel. F. Excavation for appurtenances shall be sufficient to provide a clearance between their outer surfaces and the face of the excavation or sheeting, if used, of not less than 12-inches. Manhole excavations shall be carried to sufficient depth to permit their construction on the undisturbed bottom of the excavation. G. Materials removed from the trenches shall be stored and disposed of in such a manner that they will not interfere unduly with traffic on public streets and sidewalks and they shall not be placed on private properly. In congested areas, such materials as cannot be stored adjacent to the trench or used immediately as backfill shall be removed to convenient places of storage. H. All materials suitable for use as backfill shall be hauled to and used in areas where not enough suitable material is available from the excavation. MS082393 � � � � � 3.03 � � I. Suitable material in excess of backfill requirements and all unsuitable material shall become the property of the Contractor and sha11 be removed from the work and disposed of by the Contractor at his expense. J. Excess suitable material shall remain the property of the Owner and shall be disposed of within the limits of the project as directed by the Owner's Representative. The disposal azea shall be finish graded upon completion of the work. REMOVAL OF WATER A. It is a basic requirement of these specifications that excavations shall be free from water before pipe or structures aze installed. However, it is realized that in certain sections of the work this cannot be accomplished economically and the Contractor may elect to use the Alternate Method of Construction. B. The Contractor shall provide all necessary pumps, underdrains, well-point � systems, and other means for removing water from trenches and other parts of the work. The Contractor shall continue dewatering operations until the backfill has � progressed to a sufficient depth over the pipe to prevent flotation or movement of the pipe in the trench and so that it is above the natural water table. � � � � 3.04 � � � C. Water from the trenches and excavation shall be disposed of in such a manner as will not cause injury to public health, to public or private property, to the work completed or in progress, to the surface of the streets, or cause any interference with the use of the same by the public. The Contractor shall submit his proposed methods of handling trench water and locations at which the water will be disposed of to the Owner's Representative for approval and shall receive approval before starting the excavation. PIPE BEDDING A. As described above, all pipe trenches shall be excavated to a level 8-inches below the outside bottom of the proposed pipe barrel. The resulting excavation shall be backfilled with approved pipe bedding materials, up to the level of the lower one- third of the proposed pipe barrel. This backfill shall be tamped and compacted to provide a proper bedding for the pipe and shall then be shaped to receive the pipe. Bedding shall be provided under the branch of all fittings to furnish adequate support and bearing under the fitting. Bedding material for piping shall be pea rock, drainfield lime rock, or similaz materials as approved by the Owner's Representative. Lime rock screenings, sand or other fine inorganic material from the excavation may be used for bedding material when pipe is installed above the natural water table. B. � MS082393 � Any excavation below the levels required for installation of the pipe bedding, except for "Additional Excavation", as hereinafter specified, shall be backfilled 3.05 3.06 3.07 with approved bedding material, tamped, compacted and shaped to provide proper support for the proposed pipe, at no additional cost to the Owner's Representative. BACKFILL UNDER MANHOLES AND METER VAULTS A. Any excavation below the levels required for the proper construction of manholes or meter vaults shall be filled with Class I concrete. The use of earth, rock, sand or other materials for this purpose will not be permitted. TRENCH STABILIZATION A. No claim for extras, or additional payment will be considered for cost incurred in the stabilization of trench bottoms, which are rendered soft or unstable as a result of construction methods, such as improper or inadequate sheeting, dewatering or other causes. In no event shall pipe be installed when such conditions exist and the Contractor shall correct such conditions so as to provide proper bedding or foundations for the proposed installation at no additional cost to the Owner. SPECIAL PIPE FOUNDATION A. General: When shown on the Drawings or when directed by the Owner, the Contractor shall provide the special type of pipe foundation in lieu of the pipe bedding as specified above and provide the additional excavation required. B. Type A Pipe Foundation: Type A pipe foundation shall be used when and where directed by the Owner's Representative. Foundation material shall be crushed, graded, local limestone suitable for use as concrete aggregate. Gradation shall be such that 95-100 percent of the material will pass a 1-inch square opening laboratory sieve. Material shall be placed from 1-foot below the barrel of the pipe to 6-inches above the pipe and the width of the foundation material as placed axound the pipe shall not be less than the outside diameter of the pipe, plus 12- inches. Construction of Type A pipe foundation shall be as shown or indicated on the Drawings. Foundation material shall be placed in the bottom of the trench and compacted to an elevation, which will provide firm bedding for the full pipe length, after which material shall be placed and compacted evenly on both sides of the pipe and above the pipe to an elevation 6-inches above the top of the pipe barrel. Pipe shall not be displaced or damaged during placement and compaction of the foundation material. C. Type B Pipe Foundation: Where soft, yielding, unstable or other unsatisfactory material exists at the bottom of the trench, the Owner's Representative may direct the use of Type B Pipe Foundation. Only the pipe foundation ordered by the Owner's Representative will be paid for. Construction shall be in accordance with the details shown or indicated on the Drawings. Concrete shall be Class I. 3.08 BACKFILL MS082393 � � � � �1 � � � � � � � � � lJ � � A. Backfilling of utility trenches will not be allowed until the work has been approved by the Owner's Representa.tive, pressure tested if required, and the Owner's Representative indicates that backfilling may proceed. Any work which is covered or concealed without the knowledge and consent of the Owner's Representative shall be uncovered or exposed for inspection at no cost to the Owner's Representative. Partial backfill may be made to restrain the pipe during pressure testing. B. Backfill material shall be noncohesive, nonplastic material free of all debris, organic material, lumps, clods and broken paving. Backfill material placed within 1-foot of piping and appurtenances shall not contain any stones or rocks larger than 2-inches in diameter (1-inch for PVC) and no stones or rocks larger than 6- inches in diameter will be permitted in any backfill. C. If a sufficient quantity of suitable backfill material is not available from the trench or other excavations within the site of the work, the Owner's Representative will order the Contractor to provide additional material suitable for this purpose. The additional material shall be installed as specified herein. No payment will be made for additional backfill material used to replace nonplastic material (rock) over 6-inches. in diameter. D. Selected backfill material containing no stone or rocks larger than 2-inches shall be placed in 6-inch layers and thoroughly tamped to a depth of 12-inches over the top of the pipe. Particular attention and care shall be exercised in obtaining thorough support for the branch of all service connection fittings. Care shall be taken to preserve the alignment and gradient of the installed pipe. E F. After the backfill has been placed to a level 12-inches over the waterline or force main pipe, the remainder of the backfill shall be placed in layers, not to exceed 9- inches, and compacted with mechanical vibrators or other suitable equipment to obtain a density of the backfilled material of not less than 95 percent of its maximum density as hereinafter defined, unless otherwise specified on the plans. After selected backfill has been placed to a depth of 12-inches over the sewer pipe, backfilling shall proceed to a depth of 30-inches over the pipe by placing the backfill material in 6-inch layers and thoroughly compacting it with mechanical vibrators. Backfill in this portion of the work shall be compacted to 90 percent of maximum density of the material as hereinafter defined, unless otherwise specified on the plans. G. After the backfill has been placed to a level 30-inches over the sewer pipe, the remainder of the backfill shall be placed in layers, not to exceed 9-inches, and compacted with mechanical vibrators or other suitable equipment to obtain a density of the backfilled material of not less than 95 percent of its maximum density as hereinafter defined, unless otherwise specified on the plans. MS082393 H. I. 3.09 A. 3.10 Within paved areas of trench excavation, the base and surfacing shall be reconstructed as specified under Section 02574 Pavement Removal and Replacement. No more than 800-feet of trench with pipe in place shall be partially backfilled at any time. COMPACTION AND DENSITIES Methods of control and testing of backfill construction to be employed in this work are: 1 � Maximum density of the material in trenches shall be determined by AASHTO Designation T-180, unless otherwise noted. Field density of the backfill material in place shall be determined by AASHTO Designation T-238. B. Laboratory and field density tests, which, in the opinion of the Owner's Representative, are necessary to establish compliance with the compaction requirements of these specifications, will be conducted at the Contractor's expense. Tests will be made at depths and locations selected by the Owner's Representative. C. Trench backfill which does not comply with the specified densities, as indicated by such tests, shall be reworked and recompacted until the required compaction is secured, at no additional cost to the Owner. The Costs for retesting such work shall be paid for the Contractor. ADDITIONAL EXCAVATION AND BACKFILL A. Where organic material, such as roots, muck, or other vegetable matter, or other material which, in the opinion of the Owner's Representative, will result in unsatisfactory foundation conditions, is encountered below the level of the proposed pipe bedding material, it shall be wholly or partially removed as directed by the Owner's Representative and wasted. Sheeting shall be installed if necessary to maintain pipe trenches within the specified limits. The resulting excavation shall be backfilled with suitable backfill material, placed in 6-inch layers, tamped and compacted up to the level of the bottom of the proposed pipe bedding material. Sufficient compaction of this material shall be performed to protect the proposed pipe against settlement. Construction shall then proceed in accordance with the provisions of Article 3.04 Pipe Bedding. B. Additional excavation shall be performed only when ordered by the Owner's Representative. Where organic or other unsuitable material is encountered in the excavation, the Contractor shall bring the condition to the attention of the MS082393 ' � r � 3.11 � � � L� � � � � � C � Owner's Representative and obtain his determination as to whether or not the material will require removal, prior to preparing the pipe bedding. Additional backfill material, if required, shall be furnished in accordance with the provisions therefore in Article 3.08 Backfill. ALTERNATE METHOD OF CONSTRUCTION General: 1. A combination of conditions in the substrata, water table, or method of disposal may be encountered during the course of the work, which make dewatering impossible, or only possible through the use of unusual methods, the cost of which is excessive. When such conditions are encountered, but only after all reasonable means to dewater the excavation have been employed without success, the Contractor, with the concurrence of the Owner's Representative, may elect to employ the following alternate method of construction. The concurrence of the Owner's Representative shall be obtained in writing and shall limit the use of the alternate method of construction to such specific portions of the work as the Owner's Representatives shall determine. 2. The construction specifications contained in the preceding parts of this section shall establish the required standards of construction quality for this work. Use of the alternate method of construction described hereinafter shall in no way be construed as relieving the Contractor of his basic responsibility for satisfactory completion of the work. No additional payment will be made to the Contractor for excavation, backfill, sheeting or any costs incurred for work or materials, or any other costs incurred as a result of the use of this alternate method of construction. The unit and lump sum prices established in the Proposal shall be full payment for the various items of work. 3. Subject to all of the requirements stated hereinabove, including written approval of the Owner, construction will be permitted in accordance with the following specifications. All requirements of Article 3.01 through Article 3.09, inclusive, of these specifications shall apply to this construction unless otherwise specifically modified herein. B. Removal of Water: The installation of pipe, manholes and appurtenances under water will be permitted and the requirements of Article 3.03 Removal of water will be waived. C. Excavation: � 1. � MS082393 Excavation of pipe trenches to the level of the bottom of the proposed pipe bedding shall be performed in accordance with Article 3.02 Excavation. if rock, such as lime rock or other similar hard, cemented material providing firm, unyielding trench bottoms is encountered at the level of the bottom of the proposed pipe bedding, no additional excavation will be required. If material such as sand, marl, or other material which cannot be classified as rock, as hereinabove defined, is encountered at the level of the bottom of the proposed pipe bedding, the pipe trench shall be excavated to an additional depth of 10-inches minimum, below that level. This additional excavation, and the additional back filling made necessary thereby, is an essential part of this alternate construction method and no additional payment will be made for this work, regardless of the type of material encountered. 2. Excavation for manholes to be installed under water shall be continued to a depth, below the outside bottom of the proposed structure, which will provide a minimum space of 12-inches in rock, or 24-inches in sand, as the same are defined hereinabove, for the placement of drainfield lime rock as hereinafter specified. 3. The excavation of pipe trenches at their junction with excavations for manholes shall be modified in the following manner: A longitudinally sloping, plane bottom surface, for the placement of pipe bedding material, shall be provided from the bottom of the manhole excavation, at its extremity, to a line of intersection with the bottom of typical excavation of 10-feet measured horizontally, from the vertical plane of the manhole excavation. D. Pipe and Manhole Bedding: The pipe trench or manhole excavation shall be backfilled to receive the pipe or manhole with drainfield lime rock as the same is commonly referred to in this axea, up to the level of the lower one-third of the proposed pipe barrel, or to the outside bottom of the proposed manhole as applicable. This backfill shall be tamped and compacted to provide proper bedding for the pipe or manhole, as also specified herein. Under no circumstances will material other than drainfield lime rock be considered satisfactory for use as bedding material for underwater construction. E. MS082393 Backfill: 1. After the pipe is installed, backfilling shall proceed in accordance with the provisions of Article 3.08 Backfill, except that drainfield lime rock shall be used to back fill around the pipe and to a level even with the top of the pipe bell. Under no circumstances will material other than drainfield limerock be considered satisfactory for this purpose. � � � � 3.12 A. 2. If the Alternate Method of Construction is used, all backfill material, including drainfield lime rock, shall be carefully lifted into the trench and released to fall freely therein when the bucket or container is at or just above water level. Under no circumstances shall backfill material be dumped or pushed into trenches containing water. Below the existing water level, backfill material shall be carefully rammed into place in uniform layers. Above the water level, backfill material shall be placed and compacted as specified in Article 3.08 Backfill and Article 3.09 Compaction and Densities. RESTORATION OF EXISTING SURFACES Paved and grassed areas disturbed by the operations required under this Section shall be restored as indicated on the Drawings and/or specified herein. � PART 4- MEASUREMENT AND PAYMENT � 4.01 � � � 4.02 MEASUREMENT A. The quantity of Trenching, Backfilling and Compacting for Utility Systems for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Trenching, Backfilling and Compacting for Utility Systems is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. PAYMENT A. Payment for Trenching, Backfilling and Compacting for Utility Systems shall be � made at the prices stated in the Bid Schedule. If a payment item for Trenching, Backfilling and Compacting for Utility Systems is not specifically included in the � Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. � � � � � MS082393 END OF SECTION ' � � i � � � � SECTION 02574 PAVEMENT REMOVAL AND REPLACEMENT PART 1 - GENERAL 1.01 WORK INCLUDED A. Work includes all labor and materials under this Section for cutting, removing, protecting and replacing existing pavements of the various types encountered including roadways, driveways and sidewalks. B. Permits: The Contractor shall obtain the necessary permits prior to any roadway work. Additionally, the Contractor shall provide advance notice to the appropriate authority, as required, prior to construction operations. C. Protection of Existing Improvements: The Contractor shall be responsible for the protection of a11 types of pavements, sidewalks and other improvements within the work area. All damage to such improvements, as a result of the Contractor's operations, beyond the limits of the work of pavement replacement as described herein, shall be repaired by the Contractor at his expense. PART 2 - PRODUCTS 2.01 � J � � � � � � MATERIALS A. Materials, including lime rock, bituminous prime and tack coat, and asphaltic concrete for the above work shall meet the requirements established therefore by the FDOT Specifications. � MS110593 1. 2. 3. 4. 5. 6. Lime rock shall be Miami or Ocala Lime rock. Bituminous prime coat material shall be cutback asphalt Grade RC-70. Bituminous tack coat materia.l shall be emulsified asphalt Grade RS-2. Asphaltic concrete shall be Type S-I or S-III. Concrete material shall be Class I or II, and/or as otherwise required to meet FDOT specifications. Welded wire fabric, joint reinforcing welded wire fabric shall conform to ASTM-A185 and ASTM-A615. PART 3 - EXECUTION 3.01 PREPARATION A. Pedestrian or school crossings: Where the work crosses or interferes with school or pedestrian crossings, extreme care shall be taken by the Contractor to insure the safety of school children or other pedestrians. 3.02 PERFORMANCE A. Removals: 1. Pavement Removal: a. Where existing pavement is to be removed, the surfacing shall be mechanical saw cut prior to trench excavation, leaving a uniform and straight edge, with minimum disturbance to the remaining adjacent surfacing. The width of cut for this phase of existing pavement removal sha11 be minimal. b. Immediately following the specified backfilling and compaction, a temporary sand seal coat surface shall be applied to the cut areas. This temporary surfacing shall provide a smooth traffic surface with the existing roadway and shall be maintained until final restoration. Said surfacing shall remain for 10 days in order to assure the stability of the backfill under normal traffic conditions. Following this period and prior to 15 days after application, the temporary surfacing shall be removed and final roadway surface restoration accomplished. c. In advance of final restoration, the temporary surfacing shall be removed and the existing pavement mechanically sawed straight and clean to the stipulated dimensions. Following the above operation, the Contractor shall proceed immediately with final pavement restoration in accordance with these requirements. 2. Sidewalk, Drive, & Curb Removal: Concrete sidewalks, curbs, combination curb and gutter, walks, drive ribbons, or driveways shall be removed by initially sawing the structure, with a suitable power saw, as specified above for pavement. When a formed joint in the concrete is within 3-feet of the proposed saw cut and parallels the proposed saw cut, the removal line shall be extended to the formed joint. After sawing, the material shall be removed. MS110593 LJ � LJ � �I � � � � � �� L 1 �� L� � � � � C MS 110593 Restorations: 1. General: Cut and removed driveway or roadway pavement in connection with trench excavation shall be replaced or restored in equal or better condition than the original and as may be shown on the Drawings. The Drawings indicate minimum requirements. Backfill shall comply with the other sections of these Specifications or FDOT Standards, whichever are more stringent. 2. Pavement Restoration - Asphalt: a. Lime rock base course shall be compacted for its full thickness to not less than 98 percent of maximum density as determined by AASHTO Designation T 180. field density of lime rock base in place shall be determined by AASHTO Designation T 238. b. Construction methods and equipment shall generally meet the requirements therefore as established in the FDOT Specifications. c. After the application of the prime coat on the base, the prime coat shall be allowed to cure without sanding for a period of 24- hours. The Contractor shall take all necessary precautions to protect the primed surface against damage during this interval. If, at the end of 24-hours, it is not proposed to proceed at once with the application of the surface course, primed surface shall be given a light application of clean sand and opened to traffic. d. Joints with existing surface and base shall be sawed cut straight and neat. If necessary to obtain a straight net joint, the contractor shall cut out sufficient existing material and replace it with new material. e. The upper surface of the completed base course shall be compacted to an elevation to permit the full depth of the surface course to be constructed without deviating from the grade of the pavement surface. T'he completed surface shall match the line and grade of the existing surface. When pavement is removed to the edge of the roadway, the replaced base course shall extend not less than 6-inches beyond the edge of the surfacing. £ After the base course construction in the trench area has been completed and primed, the surface shall be tack coated and the thickness of Type S-I asphaltic concrete shall be constructed in accordance with the plans or requirements specified above for pavement restoration. 3. Driveway Restoration - Asphalt: Driveway pavement with lime rock base cut and removed in connection with trench excavation shall be replaced or restored as specified above for street or roadway pavement, except the new lime rock base course shall be equivalent the existing base course in thickness, except that in no case shall new driveway base course be less than 6-inches in thickness. Muck or unsuitable material found under existing driveway construction will not be removed and replaced. 4. Concrete, Sidewalk, Walkway, Driveway Ribbon and Curb Restoration: a. Concrete sidewalks, walkways, driveways, driveway ribbons and curbs required to be removed for the installation of facilities under this Contract shall be restored. Class I concrete shall be used in all cases. b. Replaced portions of these items shall conform to the lines, grades and cross sections of the removed portions. Concrete sidewalks and walkways shall be of 4-inch minimum thickness; concrete driveways and driveway ribbons shall be 6-inch minimum thickness. Replaced concrete curb and/or gutter shall join neatly to the remaining section. 5. Pavement Restoration - Concrete: Rigid pavement shall be replaced in kind with Class I concrete, using high early strength cement. The subgrade course for rigid pavement shall be replaced with stabilized subgrade or cleanfill material and compacted to a thickness to match the existing base. � MS110593 a. The Contractor shall saw cut and remove the existing concrete to the nearest joint as directed in the field by the Owner's Representative. Provision for expansion joints (minimum %2" preformed joint filler) and saw cut joints shall be a part of the restoration work for the driveway and roadway. Asphaltic Concrete Surface Course Overlay: a. The work under this section includes asphaltic concrete surface course overlay paving as and where directed by the Owner or his authorized representative. Where this paving is directed it shall take the place of asphaltic concrete pavement restoration as specified herein above. This surface course overlay shall extend over the reconstructed base course and the existing pavement to the limits directed by the Owner or his authorized representative, which generally shall be full width of the roadway. b. After the base course construction in the trench area has been � completed and primed, the surface shall be tack coated and the � , � r � , r r 1 � � � � � � � � � 7 thickness of Type S-III asphaltic concrete shall be constructed in accordance with the plans or requirements specified above for pavement restoration. Nonsurfaced streets, alleys and driveways shall be restored with 6-inches of compacted lime rock base material placed in the top of the trench. PART 4- MEASUREMENT AND PAYMENT 4.01 4.02 MEASUREMENT A. The quantity of Pavement Removal and Replacement for which payment will be made shall be the actual number of units measured in place and accepted. 'The units measured shall be as listed in the Bid Schedule. If a payment item for Pavement Removal and Replacement is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. PAYMENT A. Payment for Pavement Removal and Replacement shall be made at the prices stated in the Bid Schedule. If a payment item for Pavement Removal and Replacement is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. � MS110593 END OF SECTION �I ' LJ SECTION 02685 NATURAL GAS PIPELINE INSTALLATIONS PART 1 - GENERAL r �.o� � � r WORK INCLUDED A. The work specified under this Section consists of all labor, services, equipment, materials, labor and testing required to complete the construction of the gas main consisting of, but not limited to, piping, appurtenances and other accessories as shown on the Drawings. ' PART 2 - PRODUCTS 2.01 � , MATERIALS A. Clearwater Gas System will furnish all material in connection with the installation of gas mains and fittings. Materials will be available for pick-up by the Contractor at 400 North Myrtle Avenue, Clearwater, Florida, 33758. Warehouse hours are 7:00 AM until 9:30 AM and 2:30 PM until 3:45 PM. The contractor may pick up materials during these hours only. The contractor shall supply the labor and equipment necessary for loading the materials supplied by the City of Clearwater. � PART 3 - EXECUTION 3.01 � ' �J l: � � LOADING, STORING AND STRINGING A. When loading or unloading lengths of plastic pipe, a nylon sling will be used so as not to damage the pipe itself. When unloading lengths of plastic pipe, it shall be done by hand in such a manner as not to damage the pipe itself, nor to endanger the safety of the main. B. When storing, plastic material and fittings shall be placed on skids and covered with a sheet of polyethylene or like material to protect it from sunlight. C. When stringing pipe on the job site, the area will be cleared of all sharp objects, and pipe will be placed in the ground in the same manner as unloading, so as not to damage the pipe itself. While stringing lengths of pipe, a nylon sling shall be used in such a manner so as not to damage the pipe itself. � MS110593 3.02 INSTALLATION A. Installation shall include excavation whether by trenching machine, power shovel, by hand or other methods which may be necessary to prepare a trench in which the pipe will be laid. The word "ditching" is used here and shall mean the maintenance of ditch, including temporary damming, pumping, bailing and draining and dewatering, wherever required, and the furnishing and placing of any temporary shoring used to maintain the ditch. When the gas line parallels other lines, not less than one foot clearance will be permitted from other lines, but the required cleazance from parallel lines shall be obtained from moving the ditch lines laterally rather than through reduction of normal minimum cover of the gas line. The foregoing clearances shall be minimum clearances allowable unless owners of the interfering lines require greater clearances from gas lines. Then their requirements shall be met if at all possible. 1. Laying is the handling and hauling of pipe from the designated storage areas incident to placing and joining over or parallel with trench (see ditching). 2 3. Before each section of pipe is installed in the line, internal surface shall be suitably clean. The pipeline shall be pigged prior to final acceptance. 4. The open ends of all sections of joined and/or installed pipe (not in service) shall be closed at night to prevent animals or foreign material from entering the pipe line or pipe section. 5. Waterproof nightcaps of approved design may be used but they will be so constructed that they will prevent the entrance of any type of natural precipitation into the pipe and will be fastened to the pipe in such a manner that the wind cannot blow them loose. 6. The practice of stuffing cloth or paper in the open ends of the pipe will not � be tolerated. 7. Where possible, the pipe will be raised and supported at a suitable distance from the open end such that the open end will be below the level of the pipe at the point of support. 8. Plastic pipe must be installed below ground level and shall have a minimum 36-inch depth of cover unless shown otherwise. No gas line shall be installed at a depth of less than 36 inches or greater than 72 inches below finish grade without written approval of the owner. 9. Width of ditch shall be no less than twice the pipe diameter. MS 110593 � � r � � � � � � � , �J � u � � � ' � r � �J � � 10. 11 12. Plastic pipe is not to be installed in a vault or any other below-grade enclosure. Plastic pipe must be installed so as to minimize shear or tensile stresses. Thermoplastic pipe that is not encased must have a minimum wall thickness of 0.090 inches. 13. Any fittings, valves, crosses or laterals shall be accomplished with fusion welds and the installation shall be included in the unit cost of the pipe installation. B. All lines shall be marked by #12 insulated copper tracer wire installed 12 inches above the pipe. Gas mains, valves and locating stations shall also be marked by adhesive identification disk affixed to the permanent curb or pavement. In addition, all mains 4-inches or lazger shall be marked by 4-inch wide non-metallic marking tape installed 18 inches above the pipe. Tracer wire shall be looped-up, uncut, into every valve box including main valves and service valves. Installations where 500 feet of pipe is laid between valves, empty valve boxes shall be installed over the gas main with tracer wire looped up every 500 feet. In commercially zoned areas, plastic marker poles with tracer wire looped up and attached may be substituted for empty valve boxes with the inspector's approval. All tracer wire splices shall be made by the use of a direct bury splice kit. Upon completion of the project, and before final payment, the inspector will check the continuity of the tracer wire to ensure that there are no separations, and the tracer wire can be used for locating purposes. The Contractor shall be responsible for repairing any damaged, broken or otherwise separated tracer wire. All tracer wire, marking tape, valve boxes, mazker poles and splice kits will be supplied by Clearwater Gas System and the installation cost shall be included in the unit cost of pipe installation. C. Each plastic main must be installed with sufficient clearance, or must be insulated from any source of heat, so as to prevent the heat from impairing the serviceability of pipe. Locating wire is to be considered a source of heat. D. Valves shall be maintained and protected from outside damage throughout the length of the project and shall be kept accessible. The Contractor shall be responsible for repairing valves that aze damaged by construction activities. The Contractor shall also make any adjustments to valve boxes that may be required to be flush with final grade. Gas valves shall be mazked by adhesive identification disks �xed to the permanent curb or the permanent pavement. MS110593 3.03 3.04 3.05 A. QUALIFICATION OF JOINING PROCEDURES Joining procedures shall be in accordance with Section 192.283 of the US Department of Transportation, Title 49, Pipeline Safety Regulations, Part 192. B. Procedures for making joints in plastic pipe may be tested by the pipe and fitting manufacturers, and these tests may be accepted by the operator for qualification of the procedure used by the contractor. C. A copy of each written procedure being used for joining plastic pipe must be available to the persons making and inspecting joints at the site where joining is accomplished. � � LJ � � � D. The Director of Operations will fiurnish a copy of the manufacturers recommended � Heat Fusion Joining Procedures Manual at the time of certification. QUALIFICATIONS OF PERSONNEL A. Any person joining polyethylene gas pipe must receive training in accordance with Section 192.285 of the US Department of Transportation, Title 49, Pipeline Safety Regulations, Part 192. B. No person shall make a joint in a plastic pipe unless that person has been certified by the Engineer with concurrence of the Director of Operations. Records shall be maintained of personnel qualified to make joints. C. Contractor employees and their sub contractors must meet the requirements and intent of CFR 49 Part 192.801, 192.803, 192.805, 192.807, and 192.809 relating to Operator Qualification issued on August 27, 1999 and effective with mandatory training to be completed by October 27, 2002. The Contractor must state in writing that their qualification plan is in conformance with the intent of Federal Operator Qualification Regulations and is at least equal to and applicable to Clearwater Gas System's Operator Qualification Plan. The Contractor's Operator Qualification Plan must also explain how their employees have the ability to identify and react to natural gas related Abnormal Operating Conditions that may be encountered. INSPECTION OF PLASTIC JOINTS A. Each joint must be inspected to ensure that it is acceptable. The person who inspects joints in plastic pipes must be qualified by appropriate training and experience in evaluating the acceptability of plastic pipe joints made under the applicable joining method. The inspector must be approved by the Engineer with concurrence of the Director of Operations. 3.06 JOINING PLASTIC PIPE MS110593 iIL I � r A. In general, all plastic joining shall be in accordance with American Standards Code for Pressure Piping, as outlined. B. A plastic pipe joint that is joined by heat fusion may not be disturbed until it has � been properly set. Plastic pipe may not be joined by a threaded joint. Miter joints are prohibited. � � ' 3.07 � ' � , � S .08 3 � ' r � � C. Each heat fusion joint on plastic pipe must comply with the following: 1. A heat fusion joint must by joined by a device that holds the heater element square to the ends of the piping, compresses the heated ends together, and holds the pipe in proper alignment while the plastic hardens. 2. Heat may not be applied with a torch or other open flame. TESTING A. Each segment of a plastic pipeline must be pressure tested. The test procedure must insure discovery of all potentially hazardous leaks in the segment being tested. The plastic pipeline installation shall be pressure tested to 120 pounds per square inch for PE 2406, 150 lbs per square inch for PE 3408, or no less than the Maximum Allowable Operating Pressure of the Distribution System. The temperature of thermoplastic material must not be more than 100 degrees Fahrenheit during the test. These tests shall be recorded on a chart-type pressure instrument. Test duration shall be 24 hours. B. Testing shall be in accordance with the rating of the specific material in use. C. Fusion joints shall be a one-half inch molten bead of uniform appearance after completion. This bead shall be visible and examined for penetration 360 degrees around the pipe diameter. ANTI-DRUG AND ALCOHOL PROGRAM A. The contractor agrees that it has in place, or will implement a drug and alcohol training and testing program for its employees that complies with the requirements of the US Department of Transportation, Title 49, Pipeline Safety Regulations, Part 199, Drug Testing Program for Pipeline Personnel. The Contractor further agrees to allow access to its property and records by the Human Resources Director, or appointed designee, of the City of Clearwater. The Contractor will permit representatives of state or federal agencies who monitor the compliance of Drug and Alcohol rules/regulations access to its property and records. B. Said program shall provide pre-employment, random, for cause and post accident drug training and testing (alcohol for cause testing) for all of its employees as required by Federal regulations and who are assigned to perform services for Clearwater Gas System. , MS110593 C. The contractor shall attest in writing, under oath, the following: 1. 2. 3. That the contracting firm has an agreement with a drug testing laboratory certified by HHS/NIDA and an alcohol testing facility; The name and address of the Medical Review Officer retained by the contractor for the drug and alcohol testing program; That all employees of the contractor have been drug tested pre- employment; and 4. That all employees covered by the US Department of Transportation Regulation 199 receive random, for cause and post accident drug testing and alcohol testing for cause pursuant to such regulation. D. Prior to doing any work for the Clearwater Gas System, the contractor will submit a copy of their current Alcohol Testing Policy and Drug Testing Policy. This policy will be included in a response to the Request for Bid. PART 4- MEASUREMENT AND PAYMENT 4.01 4.02 MEASUREMENT A. The quantity of Natural Gas Pipeline Installation for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Natural Gas Pipeline Installation is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. PAYMENT A. Payment for Natural Gas Pipeline Installation shall be made at the prices stated in the Bid Schedule. If a payment item for Natural Gas Pipeline Installation is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. MS110593 END OF SECTION �J � �I SECTION 02696 DIRECTIONAL DRILL UTILITY PLACEMENT PART 1- GENERAL ' 1.01 ' ' WORK INCLUDED A. The work specified under this Section consists of furnishing and installing underground utilities by directional drill methods. This work shall include all services, equipment, materials, labor and testing required to complete the utility installation and restore any disturbed areas to their existing or better conditions. ' PART 2 - PRODUCTS 2.01 � A. ' r MATERIALS Plastic pipe must meet or exceed the following strength and composition standards: PE (Polyethylene) PE (Polyethylene) For gas pipes over 3'/Z" diameter ASTM D 2447 ASTM D 2513 An air pressure test for leaks shall be conducted in the presence of the Engineer or � his authorized representative immediately before and after completion of each crossing at a minimum test pressure of 150 PSI. r � � � � ' � � MS092993 Either of the two test methods outlined below will be satisfactory: 1. Standard twenty-four hour pressure test with recording chart. 2. Pressure test utilizing a DRAGNET type leak detecting device, or other equivalent testing equipment capable of detecting pressure drops of one- half PSI. Length of test to be as recommended by the testing equipment manufacturer for the conditions of the particular job. a. Plastic Pipe 1. Couplings: Plastic pipe couplings shall meet or exceed all applicable ASTM strength and composition standards for the particulaz type pipe being used. 2. Joints: Plastic pipe joints shall be made in accordance with applicable ASTM standazds. In all cases, the joints shall be made sufficiently strong to withstand the stresses of 2.02 installation, with joints completely set and cured prior to placement of the pipe. B. Drilling Fluids shall consist of a mixture of potable water and gel-forming colloidal material such as bentonite, or a polymersurfactant mixture producing a slurry of custard-like consistency. EQUIPMENT A. All equipment used in the execution of work shall have the built-in capacity, stability and necessary safety features required to fully comply with these specifications without showing evidence of undue stress or failure. It shall be the responsibility of the Contractor to assure that the equipment to be used in the crossing operation is in sound operating condition. Backup equipment may be required where job site conditions indicate that severe damage to the roadway or a hazardous condition may result in the event of an equipment brea.kdown and where the condition of the equipment to be used indicates that routine component replacement or repair will likely be necessary during the crossing. 1. General Arrangement of Tunnel Boring System: The tunnel boring equipment shall consist of truck-mounted field power unit and a trailer or dolly mounter drill unit. A minimum crew of three people is required to operate the units. a. Field Power Unit: The field power unit shall be a self-contained truck-mounted system designed to provide a supply of high pressure bentonite cutting fluid to the drill unit. It shall contain a 1,000 gallon (3,800 liter) fluid storage tank and a complete bentonite mixing system. The cutting fluid is to be mixed on site without the need for an external water supply. It shall permit changes to be made to the bentonite concentration during tunneling in response to changing soil conditions. The field power unit shall contain the power-takeoff-driven high pressure bentonite pumping system. b. Directional Drill System: A dolly mounted version of the drill system shall include a tlu-ust frame. Both the trailer mounted and dolly mounted drill system shall be designed to rotate and push 10-foot (3-meter) minimum hollow drill sections into the tunnel being created by the boring head. The drill sections shall be made of a high strength steel which permits them to bend to a 30-foot (9-meter) radius without yielding. Drill end fittings shall permit rapid make-up of the drill sections while meeting the torque, pressure and lineal load requirements of the system. The boring head itself shall house a watertight battery-operated electronic MS092993 ' ' ' , ' ' 1 L� � �� , � �i � system used to determine tool depth and location from surface and to orient the head for steering. All tunneling systems shall be in sound operating condition with no broken welds, excessively worn parts, badly bent or otherwise misaligned components. All ropes, cables, clamps and other non- mechanical but essential items sha11 be in sound condition and replaced immediately when need is apparent. Other: Devices or utility placement systems for providing horizontal thrust other than those previously defined in the preceding sections shall not be used unless approved by the Engineer prior to commencement of the work. Consideration for approval will be made on an individual basis for each specified location. The proposed device or system will be evaluated prior to approval or rejection on its potential ability to complete the utility placement satisfactorily without undue stoppage and to maintain line and grade within the tolerances prescribed by the particular conditions of the project. Water sluicing methods, jetting with compressed air, or boring or tunneling devices with vibrating type heads that do not provide positive control of the line and grade shall not be allowed. 2. Spoils Equipment: Vacuum truck shall be a self-contained truck which has sufficient vacuutn and capacity to remove excess bentonite mixture from the project site as required or directed by the Owner's Representative. PART 3 - EXECUTION ' 3.01 ' , LJ ' ' PERSONNEL REQUIREMENTS A. Responsible representatives of the Contractor and Subcontractor(s) shall be present at all times during the actual crossing operations. A responsible representative as specified herein is defined as a person experienced in the type of work being performed and who has the authority to represent the Contractor in a routine decision making capacity concerning the manner and method of carrying out the work specified herein. B. The Contractor and Subcontractor(s) shall have sufficient number of competent workers on the project at all times to ensure the utility placement is made in a timely and otherwise satisfactory manner. Adequate personnel for carrying out all phases of the actual crossing operation (where applicable: tunneling system operators, operator for removing spoil material, and laborers as necessary for various related tasks) must be on the job site at the beginning of work. A competent and experienced supervisor representing the Contractor or Subcontractor that is thoroughly familiar with the equipment and type of work to MMS092993 3.02 3.03 be performed, must be in direct charge and control of the operation at all times. In all cases the supervisor must be continually present at the project site during the actual crossing operation. COORDINATION OF THE WORK A. The Contractor shall notify the Owner and Engineer at least 24 hours in advance of starting work. In addition, the actual crossing operation shall not begin until the Engineer or his representative is present at the project site and agrees that proper preparations for the crossing have been made. The Engineer's approval for beginning the crossing shall in no way relieve the Contractor from the ultimate responsibility for the satisfactory completion of the work. ' � , ' ' � B. The Contractor and the Engineer shall select a mutually convenient time for crossing operation to begin in order to avoid schedule conflicts. i PROCEDURE A. Erection or installation of appropriate safety and warning devices in accordance with the Florida Department of Transportation (FDOT) Manual on Traffic Control and Safe Practices shall be completed prior to beginning work. B. Subsurface Soil and Drainage Investigation: To correctly plan individual crossing procedures such as dewatering, use of cutting heads, positioning of auger within the casing and to accurately locate potential problem areas, an adequate subsurface investigation shall be made by the Contractor. C. Equipment Set-Up: MS092993 1. The general operating sequence of the tunneling system shall be as follows: a. b. c. d. e. The trailer or dolly is positioned at the starting location. The tool head and first drill pipe are loaded onto the thrust frame. The proper cutting fluid pressure is set on the field power unit. The tool is advanced and steered level at the proper depth using the locator to sense tool position. More drill pipe is added as the tool is advanced. f. After each new drill pipe is advanced into the ground, the tool is located and a computer generates the steering command for the next length of drill pipe to keep the tool on course. � I �J ' �I � � , r , CJ ' � ' ' ' � ' LJ �� LJ LJ 1 � ' � L�� J � 1 ' ' ' g• h. J k. Steps "e" and "f' are repeated until the tool advances to the end of the run. At the end of the run the drilling head is removed and a reamer is attached to enlarge (if necessary) the hole for the utility. The utility is attached to the reamer. The drill pipe is withdrawn from the hole pulling the utility. Utility connections aze made. The area is restored. D. Crossing Operation: The actual crossing operation shall be accomplished during daylight hours and shall not begin after the hour pre-established as the latest starting time that will allow completion during daylight hours except as noted below: 1. In emergency situations, or where delay would increase the likelihood of a failure, nighttime work will only be allowed to complete a delayed crossing. In addition, where the obvious hazards of nighttime work are carefully considered and determined to be insignificant, nighttime work will be allowed to complete a properly planned crossing if the Engineer agrees that the delay was caused by reasonably unavoidable circumstances, when such nighttime work is necessary to avoid placing an undue hardship on the Contractor. Planned nighttime work is expressly prohibited and will not be allowed except for extenuating circumstances. Any nighttime work shall be in strict conformance with the Florida Department of Transporta.tiori (FDOT) Manual on Traffic Control and Safe Practices. E. Equipment Breakdowns or Other Unforeseen Stoppages: If forward motion of the tunneling tool has halted at any time other than for reasons planned for in advance and prevention of voids under paved areas cannot be assured, the tunnel must be filled with bentonite by injection as soon as possible and abandoned. MS092993 When an obstruction is encountered that cannot be passed or an existing utility is damaged, open cutting for inspection may be allowed if approved by the Engineer when consideration of all pertinent facts indicate such action is warranted. Any such authorized excavation shall be repaired according to the appropriate specifications herein or otherwise directed. 3.04 3.05 WAIVER OF REQUIREMENTS A. These specifications are appropriate for most common crossing situations. Under unusual conditions, not adequately covered herein, these requirements may be altered or waived when their strict adherence would increase the likelihood of crossing failure. Any such alteration or waiver shall be based on sound engineering judgment and must be fully documented as further specified herein. Any alteration or waiver must be approved by the Engineer. REPORTING PROCEDURES A. An accurate log shall be kept by the Contractor on all crossings. The purpose of this log is to record and report the data necessary to isolate and identify all common factors associated with underground crossing failures. The log shall also be for the inspector's use as a checklist of essential items pertaining to the crossing. The data shall be recorded on the job site during the actual crossing operation. The log shall include elevation readings of the utility every 10 feet along the crossing. PART 4- MEASUREMENT AND PAYMENT 4.01 4.02 MEASUREMENT A. The quantity of Directional Drill Utility Placement for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Directional Drill Utility Placement is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. PAYMENT A. Payment for Directional Drill Utility Placement shall be made at the prices stated in the Bid Schedule. If a payment item for Directional Drill Utility Placement is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. END OF SECTION MS092993 ' ' ' � � 1 ' ' � � ' ' � ' ' ' ' ' ' SECTION 02935 SODDING PART 1- GENERAL 1.01 WORK INCLUDED A. The work specified in this section consists of the establishing of a stand of grass, within the areas indicated on the Drawings and/or areas disturbed by construction activities, by the furnishing and placing of grass sod, fertilizing, watering and maintaining the sodded azeas to assure a healthy stand of grass. 1.02 SUBMITTALS A. A certification of sod quality by the producer shall be delivered to the Engineer ten days prior to use. PART 2 - PRODUCTS 2.01 GRASS SOD A. Grass sod shall match existing grass type and shall be well matted with grass roots. The sod shall be taken up in rectangles, preferably 12-inch by 24-inch, shall be a minimum of 2-inches in thickness and shall be live, fresh and uninjured at the time of planting. It shall be reasonably free of weeds and other grasses and shall have a soil mat of sufficient thickness adhering firmly to the roots to withstand all necessary handling. T'he sod shall be planted as soon as possible after being dug and shall be shaded and kept moist until it is planted. 2.02 FERTILIZER A. Commercial fertilizers shall comply with the state fertilizer laws. B. The numerical designations for fertilizer indicate the minimum percentages (respectively) of (1) total nitrogen, (2) available phosphoric acid and (3) water- soluble potash contained in the fertilizer. C. The chemical designation of the fertilizer shall be 12-8-8. At least 50 percent of the phosphoric acid shall be from normal super phosphate or an equivalent source which will provide a minimum of two units of sulfur. The amount of sulfur shall be indicated on the quantita.tive analysis card attached to each bag or other container. MS092993 2.03 WATER FOR GRASSING A. The water used in the sodding operations may be obtained from any approved spring, pond, lake, stream or municipal water system. The water shall be free of excess and harmful chemicals, acids, alkalies, or any substance which might be harmful to plant growth or obnoxious to traffic. Salt water shall not be used. PART 3 - EXECUTION 3.01 PREPARATION OF GROUND A. The area over which the sod is to be placed shall be scarified or loosened to a suitable depth and then raked smooth and free from rocks or stones. Where the soil is sufficiently loose, the Owner's Representative, at his discretion, may authorize the elimination of ground preparation. 3.02 APPLICATION OF FERTILIZER A. Before applying fertilizer, the soil pH shall be brought to a minimum range of 6.0 _,.o. r B. The fertilizer shall be spread uniformly over the area to be sodded at the rate of 500 pounds per acre, by a spreading device capable of uniformly distributing the material at the specified rate. Immediately after spreading, the fertilizer shall be mixed with the soil to a depth of approximately 4-inches. C. On steep slopes, where the use of a machine for spreading or mixing is not practicable, the fertilizer shall be spread by hand and raked in and thoroughly mixed with the soil to a depth of approximately 2-inches. 3.03 PLACING SOD � � ' � ' The sod shall be placed on the prepared surface, with edges in close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools. � B. Where sodding is used in drainage ditches, the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow. Along the edges of such staggered areas, the offsets of individual strips shall not exceed 6- inches. In order to prevent erosion caused by vertical edges at the outer limits, the outer pieces of sod shall be tamped so as to produce a featheredge effect. C. On steep slopes, the Contractor shall, if so directed by the Owner's Representative, prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth, at suitable intervals. � MS092993 Sod which has been cut for more than 72 hours shall not be used unless specifically authorized by the Owner's Representative after his inspection thereof. ' C� ' i � ' ' ' � � � ' ' ' , ' ' ' , ' ' 1 ' E. Sod which is not planted within 24 hours after cutting shall be stacked in an approved manner and maintained and properly moistened. Any pieces of sod which, after placing, show an appearance of extreme dryness shall be removed and replaced by fresh, uninjured pieces. Sodding shall not be performed when weather and soil conditions are, in the Owner's Representative opinion, unsuitable for proper results. 3.04 WATERING A. The azeas on which the sod is to be placed shall contain sufficient moisture, as determined by the Owner's Representative, for optimum results. After being placed, the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks. Thereafter, the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days (or until final acceptance, whichever is latest). 3.05 MAINTENANCE A. The Contractor shall, at his expense, maintain the sodded areas in a satisfactory condition until final acceptance of the project. Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily. B. Replanting or repair necessary due to the Contractor's negligence, carelessness or failure to provide routine maintenance shall be at the Contractor's expense. Replanting necessary due to factors determined to be beyond the control of the Contractor shall be paid for under the appropriate contract pay items. PART 4- MEASUREMENT AND PAYMENT 4.01 4.02 MEASUREMENT A. The quantity of Sodding for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Sodding is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. PAYMENT A. Payment for Sodding shall be made at the prices stated in the Bid Schedule. If a payment item for Sodding is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. ' MS092993 END OF SECTION