SANITARY SEWER AND STORMWATER INVERSION LINING BID #02-B-871 PIGGY-BACK CONTRACT
~~ American Water ServicesThl
September 1, 2004
City of Clearwater
Mr. Scott Oster
1650 N. Arcturas Avenue
Clearwater, Florida 33785
RE: Sanitary Sewer Lining Piggy-back
Dear Mr. Oster
American water Services currently has a Piggy-back contract with the City of Clearwater
and will honor the prices in that contract. We are giving you additional contract
documents for your files. You will find enclosed a copy of the contract we have with the
City of Largo Bid # 02-B-87I Sanitary Sewer and Stormwater Inversion Lining that was
utilized by The City of Clearwater in the year 2003 and 2004. We will be renewing this
contract with the City of Largo for the fiscal year 2004, 2005.
American Water Services Underground Infrastructure, Inc. offers bid # 02-B-871
Sanitary Sewer and Stormwater Inversion Lining contract and its schedule of bid prices
to be utilized for the City of Clearwater's 2004, 2005 fiscal year.
In addition you will find the proposals you requested for the 8-inch lines on Lantana and
Mandalay, the IO-inch line on Mandalay and the I5-inch line on Keene Road.
The I5-inch line was setup with a thickness of7.5mm to accommodate the traffic load
requirements. I also looked into the possibility of sectional lining the IS-inch line and
fond the cost difference would come to only $4,000.00, if this is something you would
like to pursue further please let me know and I will help you in anyway I can. We do not
perform this method at this time.
Please feel free to contact me with any questions or concerns
Sincerely,
~~~
~ Alan Smith
District Manager
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American Water Services Underground Infrastructure, Inc.
14413 62nd Street North' Clearwater, FL 33760
727-530-7577 . Fax: 727-530-7790. FL# CUC023665
4072609318 RMERICAN WATER SERU
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~~ Americo.n Water Services"
September 8. 2004
City of Largo
225 First Avenue S.W
largo, FI 33779-0296
Attn:. Mr. Jim Wheaton
Re: Contract Renewal
Sanitary Sewer end Stormwater Inversion Lining
Bid 102..8-871
DeB' Mr. Wheaton:
American Water SeNlcea is pleased to accept the twelve (12) month extenston to the
contract for the above referenced project. 'He understand that the extension will be
subject to the lame terms and conditions. the original connct.
Please feel free to contact me if yoU have any questions.
CC: MiMMI A. sweet. P.E., D.E.E., Director of UtitiIieI Engineering
a.mare Kuhl, C.P.M., DirectOr or utill_ Con1nIdI Managemefll .nd BusineU Support
Joseph lauro, C.P.P .O./C,P.P.B.. Dirtctar of P1nelta1 County Pun:hMlng
StllVeJ1 Carrol, Utili\\ea Flniilnce Direc:tor lII1d Chief Administration OffIce
William Rl... UtilItIeS Projlld Coordinator
MichMl Cannon, Vice President. American Water SeNIceS
J, Alan Smith, Olltflct Maneger. Atn4NiCan W'#1A8r SenlIcIa
.
AmenC41n Weter ServICes Unde/Vf'Ound IMt8strudure. Inc..
1....1382M street NOlI", Cle8l'W8ler. FL aa'TGO
727-~ao.7S77 · F.x: 127-Sao..7790. F~ CUC02386i
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Cityof Largo, Florida
Post Office Box 296. Largo. Florida 33779-0296
Office of Management and Budget
(727) 587-6727
FAX (727) 586-7420
September 4. 2002
Azurix North America Underground Infrastructure. Inc.
Mr. Michael Cannon
109 Applewood Drive
Longwood. FL 32750
RE: BID # 02-8-871 SANITARY SEWE;R AND STORMWATER INVERSION LINING
Dear Mr. Cannon:
The City of Largo is pleased to announce the award of the above referenced BID to Azurix North America,
Insituform Technologies and Lanzo Lining Company. A Purchase Order for your portion of the project is
enclosed.
The City of Largo wishes to extend its appreciation to you for taking an interest in the City and in the
bidding process.
If you have any questions concerning ~is BID, please contact the Office of Management and Budget at
(727) 587-6727.
Please reference the "BID NAMEII and IINUMBER. above on any and all correspondence to the City.
Sincerely.
THE CITY OF LARGO
~fAV u.JJudm
Joan Wheaton
Office of Management and Budget
Jw/dw
Enclosure
~~ American Water Services'"
November 24, 2004
City of Clearwater
100 S. Myrtle
Clearwater, FI 33756
Attn: Mr. Robert Kalch
Re: Sanitary Sewer and Stormwater Inversion Lining 8id #02-8-871
Piggy-Back Contract
Dear Mr. Kalch:
American Water Services is pleased to offer that above referenced contract for use as a
piggy-back contract for The City of Clearwater Florida.
Please feel free to contact J. Alan Smith (District Manager) if you have any questions or
concerns.
Sincerely,
American Water Services
Underground Infrastructure, Inc.
,.'1~'~}(
. Work
utive Secretary
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American Water Services Underground Infrastructure, Inc.
14413 62nd Street North, Clearwater, FL 33760
727-530-7577 . Fax: 727-530-7790. FL# CUC023665
CITY OF LARGO, FLORIDA
BLANKET PURCHASE ORDER
B 1690
ISSUED BY
The City of Largo
Office of Management and Budget
(727) 587-6727
DELIVERY ADDRESS
BILLING ADDRESS
City of Largo
Finance Division
Accounts Payable
PO Box 296
Largo, FL 33779-0296
IMPORTANT
The. BPO Number listed
above must appear on all
Invoices; pkgs., packing
slips, bills of lading and
any correspondence.
Buyer: Joan Wheaton
Effective Date
Expiration Date
Commission App.
Dept. Ordering
10/01/02
09/30/03
09/03/02
PW/En9ineerln9
Vendor Number 15582
Ven~or Contact
Vendor Phone 407-260-9778
Quote Method Bid#02-B-871
. VENDOR NOTICE
This Blanket Purchase Order should
not be filled upon receipt. This order
serves to estabrlSh M!:!!:! requirements.
All purchases against this order must
be In accordance with its terms and
conditions. Any individual ordering
----, must present a valid City 1.0. card and
I must sign the derlVery copy indicating
receipt. All purchases must be
documented in writing, unless other-
wise indicated or agreed upon. Please
contact the buyer listed above If you
have any questions.
State Sales Tax Exemption
~ Certificate No.: 62-oS-134901-54C
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Azurlx
109 Applewood Drive
Longwood, FL 32650-9668
. .R
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I QUANTITY I UNIT I"
DESCRIPTION
UNIT COST
TOTAL
Sanitary Sewer and Stormwater Inversion Lining
In accordance with terms and conditions contained in
Bid #02-8-871
TOTAL (Net)
$
VENDOR INSTRUcnONS
1. Purchases may not exceed the total amount of this order without prior approval by the
Office of Management and Budget.
2. The City of Largo will not be responsible for goods delivered without the BPO number.
3. Invoicing: Send original and one copy to the Billing Address listed above.
4. In unable to fill at price shown, PLEASE ADVISE BEFORE SHIPPING.
5. Partial shipments are accepted.
CITY OF LARGO
~lD~
A stant City Mgr. or Designee
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City of Largo, Florida
Post Office Box 200, Largo, Florida 33779--0296
MEMO DATE:
AGENDA DATE:
PREPARED BY:
September 13, 2004
October 5, 2004, Regular Meeting
Michael J. Slaffopoulos, P. E.. ~""Iopment Director OS~(
Todd Bosso, P. E., City Engineer
RENEWAL OF BID NO. 02-8-871, SANITARY SEWER AND STOAMWATER
INVERSION LINING 'TO AMERICAN WATER WORKS AND INSITUFORM
TITLE:
BACKGROUND:
On September 3. 2002, the City CommissIon awarded three new bids for Manhole Rehabilitation, Inwrsion
Lining. and Emergency Repair. Each bid has the option for two, one year extensions. The current years'
bids will expire on September 30, 2004 and staff is seeking approval to renew the three bids.
Over the past several years, the City of Largo has maintained and repaired the sanitary sewer system on
an annual basis through Blanket Purchase Orders (BPO's) with multiple contractors for Manhole
Rehabilitation, Inversion lining. and Emergency Repair. Environmental Services has budgeted $1,070,000
for the annual Inversion Lining and Emergency Repair of the sanitary sewer collection and reclaimed water
systems and Manhole Rehabilitation. This is the third year that Streets and Drainage DIvision of Public
Works has participated in this blanket purcha.se order and has budgeted $250.QOO for the annual repair and
maintenance of the storm sewer collection system. Budgeted funds are spent on an as needed basis u5ing
the three BPO's.
QFFICE OF MANAGEMENT' BUDGET BACKGROUND;
The City received three (3) bids for the 2003 Inversion Lining bid. The bids were based on an anticipated
quantity of pipe to be inversion lined. with sizes ranging from 8" through 18" In diameter for sanitary sewer,
and 12" through 30. tor stormwater. The bid tabulation was as follows:
Contractor Bid
Lanzo Lining Services $189,100
American Water Works. (formerly Azuril North America $156,200
Insituform Technologies, Inc. $154,600
Engineering Services has evaluated the bids and identified that each of the three bidders is lowest bid for
select items within the request for bid. As an example, American Water Works is lowest for lining 8"
diameter sanitary sewer pipe; and Insltuform Is lowest for lining 15" diameter sanitary sewar pipe. A1s each
inversion lining task is considered its own project, and not reliant on the performance of tasks by other
contractors, Commission previously authorized the award of a SPO to each of the three bidders.
"
..~:--
Subject; Renewal Contract No. 02-8-871, InverSIOn Lining BPO
Agenda Date: October 5. 2004, Regual Meeting
Engineering Services previously selected Lanzo Lining Services to perform certain pipe sizes based on
the selected item. Due to recent job performance and possible litigation with Lanzo Lining Services on
a separate project, staff recommends not renewing the BPO with Lanzo Lining Services. Both ..
American Water Works and Insituform Technologies will honor their original bid prices for the pipe sizes ~
previously awarded to Lanzo Lining.
BUDGETARY IMPACT:
Environmental Services has a total of $1,070.000 in the FY 2005 budget (current page ES-6) for the
maintenance and rehabilitation of the sanitary sewer collection and I'eelaimed water systems. Public Works
has proposed $250.000 In the FY 2005 budget tor the emergency repair and lining of the stormwater
system. It is anticipated that $485,000 will be spent on inversion lining.
~QNSEQUENT ACTIOt':
upon the completion of the current three year contract, staff will rebid the Inversion Lining Contract and
request Commission approval on a new contract for Inversion lining at the end of FY 2005.
REVIEWED BY AND RECpMMENDAnON:
The City Manager. Assistant City Manager's, Environmental Services Director, Public Works Director. and
City Engineer recommend the renewal of Bid No. 02-B-871, Sanitary Sewer and Stormwater Inversion
lining to American Water Works, and Insitufol'm.
POTENTIAL MOTION:
I MOVE TO APPROVE/DISAPPROVE RENEWAL OF BID NO. 02-8-871. SANITARY SEWER AND .
STORMWATER INVERSION LINING TO AMERICAN WATER WORKS AND INSITUFORM.
II
2
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. j~ii.
City of Largo, Florida
Post Office Box 296, Largo, Florida 33779-0296
Office of Management & Budget
Administration (727) 587-6727
FAX (727) 586-7420
crrv COMMISSION
LARGO, FLORIDA
INVITATION .FOR BID
Bid #: 02-B-871
Date: JULY 19, 2002
Competitive sealed bids will be accepted by the City of Largo OffIC8 of Management and Budget,' Largo City
Hall, Post Office Box 296, (201 Highland Avenue, 33770), Largo, Florida, 33779-0296, until
3:00 p.m., local time
THURSDAY, AUGUST 22, 20Q2
at which time all bids. received shall be publicly opened and read aloud i1 the Office of Management Budget,
Largo city H"all, 'for .
\
-
SANITARY SEWER AND STORMWATER INVERSION LINING
Bids must conform to the SpecifICations and Instructions to Bidders. Any deviation from the specifications
must be shown.
The City reserves the right to reject any or all bids received, to waive any irregularities or informalities. If
you are interested in bidding, please complete the Invitation for Bid Fonn(s) and.retum to this office by the
elate indicated. Non-confonnance with these instructions is grounds for rejection of bid. Late Bids will be
rejected.
Questions of a technical nature should be directed to Michael J. Staffopolous, City Engineer, at 727-587-
6713.
Questions concerning this Bid should be directed to Joan Wheaton, Office of Management and Budget at
(727) 587-6727. ·
BY ORDER OF CITY COMMISSION
LARGO, FLORIDA
~o~~~
Office of Management & Budget
Please indicate Bid number and
.Sealed Bid- on your response.
CITY OF LARGO, FLORIDA
INDEX
INSTRUCTIONS TO BIDDERS
1. Scope 0 . . . . 0 . 0 . . . . . . . . . 0 0 . . 0 . . . . . . . . . . . . . . 0 . 0 0 . . 0 . 0 . : . . . 0 . . . . . . 1
2. Definitions............ 0 . . . . . . . . . . . . 0 . . . . 0 . . 0 . . . . 0 . . . . . 0 . . 0 . 0 . . 0 . . . . . 1
3. Preparation of Bids .... 0 . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . 0 . .- . . . 0 0 . . . . . . 1
4. Submission and Receipt of Bids ........................... 0 . . . . . 0 . . 0 . . . ~ . 2
5. Acceptance of Offer . . . . . . . . 0 . . . . . . . . . . 0 . . . . . . . 0 . . . . 0 . . . . . . .'. . 0 . . . . . . . . 2
6. Clarification and Addenda . . . '. 0 . . 0 . . 0 . _. . . . . . . . . 0 . . 0 . . . . . . . . 0 . . . . . . . . . . . 0 2
7. Firm Prices ................... 0 . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . 0 . . . . . 3
8. Estimated Quantities . 0 . . . . . . . . . . . . . . . . 0 . . 0 . . . . . . . . . . . . 0 . . . . . . . 0 . . . . . . . 3
9. FoO.B. Largo, Florida ....................... . . 0 0 . . . . 0 . 0 . . . . . . . . . . . . . . . . 3
10. Discounts ......................... 0 . 0 . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . 3
11. Award . . . . . . . . . . . 0 . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . 0 . . . . 0 . 0 . . 0 . . . . 0 3
12. Brand Names .... 0 . . . . . '0 . . . . 0 . . . . . . 0 . . . . . 0 . . . . 0 . . . . 0 . 0 '. . . . . . 0 . 0 . . . . . 4
13. Variations of Specifications. . . . . . . . . . . . . . . . . . . . . . 0 0 . . . . . 0 . . . 0 . . . . . . . . . . . . 4
14. Material Quality . . . ',' . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
15. Acceptance of Material . . . . . . . . . . . . . . . . . 0 . 0 . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . 4
16. Timely Delivery .... 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . '.' . . . . . . . 5
17. Price Changes Re: Contracts ............................................ 5
18. City Indemnification Re: Patent & Copyright .............. 0 .. . . . . . 0 . . . . . . 0 . . . 5
19. Conflict of Interest ....... . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . 0 0 . . . . 5
20. Public Entity Crime . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . 5
21. Options .. . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . 5
22. Subcontracting . 0 . 0 . .... . . . . . . . . . .. . . . . '. . . . 0 . . . . . . . . . . 0 . . . . . 0 . . . . . . . . . . 6
23. Taxes '. . . . . . . 0 . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . 0 0 . . . . . . . . . . . . . . . . . . 6
24. Failure to Bid . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . 6
25. Additional Information Required 0 . . . . . . . . 0 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
26. Manufacturer's Certification 0 . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . 0 . . 0 . . . . . 6
27. Default of Contract . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . 6
28. Modification for Changes ..... 0 . . . . . . 0 . . . 0 . . 0 . 0 . 0 0 . . 0 . . 0 . . . . . . . . . . . 0 . . . . 6
29. Order or Precedence ....... 0 . . 0 . . . . 0 . . . . . . 0 0 . . . . . . 0 . . . . . . . . . . 0 . . 0 . 0 0 . . 6
30. Examination of Records . . . . . . . . . . . . . ... 0 . . . . . . . . . . . . . . . . . . . . . . . . . 0 0 . . . . . 7
31. Occupational Health and Safety .... 0 . . 0 0 0 0 . . . . 0 . 0 . 0 . . . . . . . . 0 . . . . . . . 0 . . . . . 7
32. Safety Clause ................................ 0 . . . . . 0 . 0 . . . . . . . . . . . . . 0 7
33. Qualifications of Bidders . . . . . . . 0 . . . . . 0 . 0 . . . . . . . . . . . . . 0 . ... . . . . . . .' . . . . . .. . 8
34. Disqualification of Bidders . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . 0 . 0 . 0 . . 0 . . . 8
35. Licenses and Permits 0 . . . . . . 0 . . . . . . . . . . . . . . . . . . . 0 . . 0 . . 0 . 0 . . . . . . . . 0 . . . . . 8
36. Vendor Site Inspection and Evaluation. . . . . . . . . 0 . . 0 . 0 . 0 . . . . . 0 . . . . . . . . . . . . . . . .8
37. Request for Information. , . . . . . . . . . . . . . 0 0 0 0 0 . 0 . . 0 . . . 0 0 . . . . . 0 . 0 . . . 0 0 . . . . . . .8
38. Provisions for Other Agencies. . . . . . . . . . . . . . . . . . 0 . . 0 . . . . 0 . 0 . . . . . . . 0 . . . . . . . a
SP.ECIAl CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . 9
APPENDICES
Reference Information
Statement of No Bid
Insurance Requirements
Summary of Work
General Conditions
Schedule of Bid Prices
Technical Specifications
CITY OF LARGO, FLORIDA
INSTRUCTIONS TO BIDDERS
1. ScoDe
The instructions to bidders and general conditions described herein apply to transactions on material,
supplies or services with an estimated aggregate cost of $10,000 o~ more.
2. Definitions (as used herein)
a. The term nlnvitation For Bid" means a solicitation of formal sealed bids. The acronym "IFBa
means Invitation ForBid.
b. The term abidn means the offer as a price by the bidder..
c. The term "bidder" means the offerer.
d. The term UChange Order" means a written order signed by the Assistant. City Manager or
authorized representative directing the vendor to make changes to a contract or purchase order
resulting from the IFB.
e. The term "City- means the City of Largo, Florida.
1. The term acity Commission- means the governing body of the City of Largo.
3. Preoaration of Bids
a. Bidders are expected to examine the specifications, drawings, and all special and general
conditions. No plea of ignorance by the bidder of conditions that exist or that may hereafter exist
as a result of failure or omission on the part of the bidder to make the necessary examinations
and investigations, or failure to fulfill in every detail the requirements of the contract document,
will be accepted as a basis for varying the requirements of the City or the compensation to the
vendor.
b. The apparent silence of any supplemental specifications as to any details or the omission from
it of a detailed description concerning any point will be regarded as meaning that only the best
commercial practices are to prevail and that only materials of first quality and correct type, size
and design are to be used. All workmanship isto be first quality. All interpretations of the
specifications shall be made upon the basis of this statement.
- c. Bids shall be submitted on the Bid Form furnished with the specifications, other forms may be
rejected. Unless otherwise stated within the specifications, responses to the IFB should be
submitted In DUPLICATE for bid evaluation purposes.
d. Each bidder shall fumish the information required by the'IFB. The bidder shall sign the .IFB and
print or type his name, address, and telephone number on the face page and on each
continuation sheet thereof on which he makes an entry.
e. Unit price for each unit offered shall be shown, and such price shall include packing and shipping
unless otherwise specified. A total shall be entered in the "Total- column for each item offered.
In case of discrepancy between the unit price and extended price, the unit price will be presumed
correct.
f. The bidders must state a definite time for derlVery of supplies or performance of services.
g. Additional or alternate bids, unless specifically requested, will not be accepted. Vendors are
urged to inspect their product lines and select one item that wiD meet or exceed the specifications
as given and submit only one bid.
1
h. The bidder should retain a copy of all bid documents for future reference.
I. All bids must be signed with the finn name and by an officer or employee having authority to bind
the company or finn by hislher signature.
.4. Submission and Receiot of Bids
.a.
Bids must be received at or before the specified time of opening as designated in the IFB.
Bidders are welcome to attend bid opening; however, no award of bid will be made at this time.
A bid tabulation will be fumished, upon request.
Bids shall be submitted in a sealed envelope. The envelope shall show the hour and date
specified for receipt of bids, the bid number, and the name and address of the bidder.
The City of Largo is not responsble for the U.S. Mail or private couriers in regards to mail being
delivered by the specified time so that a bid can be considered. Late bids will be rejected.
Telegraph bids will not be considered; however, bids may be modified by telegraphic notice,
provided such notices are received prior to the hour and date specified on the bid. Bids
submitted by telephone or FAX will not be accepted.
Samples of items, when required, must be submitted within the time specified at no expense to
the City. If not destroyed by testing, vendor(s) will be notified to remove samples, at their
expense, within thirty (30) days after notifICation. Failure to remove the samples will result in the
samples. becoming the property of the City.
Failure to follow these procedures is cause for rejection of bid.
Bids having any erasures or corrections must be initialed by the bidder.in ink. Bids shall be
signed in ink. All bid amounts shall be typewritten or filled in with ink.
The City reserves the right to reject any or aU bids received, to waive any irregularities in the bids
received, or to accept the bid which best serves the interest of the City of Largo.
b.
c.
d.
e.
1.
g.
h.
5. Acceotance of Offer
The signed bid shall be considered an offer on the part of the bidder; suc~ offer shall be deemed
accepted upon issuance by the City of a Purchase Order, Blanket Purchase Order, or other contractual
document.
6. Clarification and Addenda
.Any inquiries, suggestions, or requests concerning interpretatiqn, clarification, or additional information
pertaining to the Bid shall be made through the City of Largo Office of Management and Budget. The
City shall not be responsible for oral interpretations given by any City employee, representative, or
others. The issuance of a written addendum is the only official method whereby interpretation,
clarification, and additional infonnation can be given. If any addenda are issued to this Bid, the City
will attempt to notify all prospective Bidders who have secured same; however, it shall be the
responsibility of each Bidder, prior to submitting the Bid, to contact the City of Largo ~ffice of
Management and Budget at (727) 587-6727, to detennine if addenda were issued and to make such
addenda a part of the Invitation to Bid.
2
7. Finn Prices
The biclcler warrants that prices, terms and conditions quoted in his bid will be firm for acceptance for
a period of not less than ninety (90) days from the bid opening date unless otherwise specified in the
IFB. Such prices will remain firm for the period of performance of resulting purchase orders or
contracts which. are to be perfonned over a period of time.
8,' Estimated Quantities
10. Discounts
Cash discounts of two percent (2%) will be considered in detennining the award. Unless otherwise
specified, discounts offering 10 days or more will be taken by the City's Finance Department, w~h
payment being made on the nearest 10th or 25th of the month subsequent to receipt, inspection and
acceptance of articles, and receipt of correct invoice(s).
11. Award
The contract or purchase order shall be awarded by appropriate written notice to the bidder whose bid
meets the requirements and criteria set forth in the IFB and as follows:
a. The ability, capacity and skill of bidder to penonn the contract or provide the service required;
b. Whether the bidder can perfonn the contract or provide the service promptly, or within the time
specified, without delay or interference;
c. The character, integrity, reputation. judgment, experience and efficiency of the bidder;
d. The quality of performance of previous contracts or services;
e. The previous and existing compliance by the bidder with laws and ordinances relating to the
contract or services;
f. The sufficiency of the financial resources and ability of the bidder to perform the contract or
provide the service;
-
g. The quality, availability and adaptability of the supplies or contractual services to the particular
use required;
h. The ability of the bidder to provide future maintenance and service;
I. The number and scope of conditions attached to the bid.
3
. j. The City reserves the right to accept or reject any-or all bids or part of bids, to waive irregularities
and technicalities, and to request re-bids on the material described, in the IFB.
k. The City also reserves the right to award the contract on such material as the City deems will
best serve its interests.
I. The City reserves the right to award the contract on a split-order basis. lump-sum or
individual-item basis, or such combination as shall best serve the interest of the City unless
otherwise specified.
m. The City reserves the right to tenninate the contract with thirty (30) days written notice of intent.
12. Brand Names
If and wherever in the specifICations of brand names, make, name of any manufacturer, trade name,
or vendor catalog number is specified, it is for the purpose of establishing a grade or quality of material
only. When the City does not wish to rule out other competitors' brands or makes, the phrase OR
eaUAL is added. However, if a product other than the speCified is bid, it is the bidder'S responsibility
to identify such product in his bid and he must prove to the City that said product is equal to or better
than the product specified. Unless otherwise specified, evidence in the fonn of samples may be
requested if the brand being bid is other than specified by the City. Such samples are to be fumished
after the date of bid opening only upon request of the City. If samples should be requested, such
samples must be received by the City no later than four days after fonnal request is made.
13. Variations of SDscifications
For purposes of bid evaluation, the bidder must indicate any variances from our specifications and/or
conditions, no matter how sUcht. Any deviation from specifications must be explained in complete
detail, including any drawings, engineering explanations and effect upon the costs.
If variations are not stated in the bid, it will be assumed that the prodUct or service fully complies with
the City's specifications.
14. Material Qualitv
All materials used in the manufacture or construction of supplies, materials or equipment purchased
and delivered against this contract will be of first quality and not damaged and/or factory seconds. Any
materials damaged or not in first quality condition upon receipt will be exchanged within twenty-four
(24) hours at no charge to the City.
15. AcceDtance of Material
The material delivered under this bid shall remain the property of the seller until a physical inspection
and actual usage of this material ancVor service is made, and ~hereafter is accepted to the satisfaction
of the City. It must comply with the terms herein, and be fully in accord with specification and .of the
highest quaflly. In the event the material and/or services supplied to the City is found to be defective
or does not conform to specification, the City reserves the right to cancel the order upon written notice
to the bidder and retum product to bidder at the bidder's expense. The City reserves the right to
request that the offeror(s) provide a demonstration unit and/or presentation prior to award.
4
16. Tlmelv Deliverv
TlIT1e will be of the essence for any orders placed as a result of this bid. .The City reserves the right
to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s)
specified on the bid form.
17. Price Chances Re Contracts
If this I FB is for an estimated quantity of supplies, etc., versus purchase of a specific quantity of
articles or service, consideration in awarding bid for yearly contracts will be given:
First to bidder offering firm pric~s for full contract period; and,
Second to bidder offering firm prices subject to market price reduction.
18. CiN Indemnification RE: Patent & CODvriaht
The Vendor, in accepting this order, agrees to ildemnlfy the City and hold it hannless from and against
all claims, liability, loss, damage or expense, including counsel fees, arising from or by reason of any
actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect
to the goods or any part thereof covered by this order, and such obligation shall survive acceptance
of the goods and payment therefor by the City.
19. Conflict of Interest
The bidder, by acceptance of this order, certifies that to the best of his knowledge or belief, no
elected/appointed offICial or employee of the City of Largo is fnancially interested, directly or indirectly,
in the purchase of the goods or services specified on this order.
20. Public Entitv Crime
A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or repair of a public building or
pubrlC work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount provided
in Section 287.017, for CATEGORY lWO for a period of 36 months from the date of being placed on
the convicted vendor list.
21. Cot ions
When the City requests bids with options regarding the extent of services to be provided, the City
requests that aD bidders provide a cost breakdown for each option proposed. Although all options may
be purchased, some may not. The City reserves the right to decide, at its discretion, which options
shall be purchased.. .
Award will be made group by group or in the aggregate, whichever is in the best interest of the City
of Largo. During the evaluation, vendors may be required to furnish price sheets their quotes are
based on. The City also reserves the right to engage more than one firm, if it is believed that different
firms might best serve the City's interests in performing different segments of a particu!ar job.
5
22. Subcontractina
Where proposers do not have the "in-house" capability to perfonn work desired, or to provide a product
as specified, in the Bid, subcontracting may be pennitted with prior knowledge and approval of the
City. The City must be assured and agree that any proposed subcontractor(s) can perform the work
. orprovide the product at the desired quality and in a timely manner. Therefore. the name of any
intended subcontractor(s) should be identified in the bid.
23. Taxes
The City of Largo is exempt from local, state, federal or transportation taxes, except excise tax on
lubricants and batteries in accordance with Chapter 88-393, Laws of Florida, effective October 1, 1988.
Exemption certificates will be provided upon request.
24. Failure to Bid
If any vendor does not wish to bid, the Statement of No Bid must be returned. Otherwise, the vendor's
name will be removed from the City's mailing list after three uNo Bids..
25. Additionallnformation
The apparent low bidder may be required to submit to the City within twenty-four (24) hours of bid
opening the following documents:
(a) Most recent financial statements of the company;
(b) A list of equipment owned;
(c) A Dst of references which may be immediately contacted.
26. Manufacturer's Certification
The City reserves the right to request from bidders a separate manufacturer certification of all
statements made in the bid. Failure to provide such certification may result in rejection of bid or
default termination of contract for which the bidder must bear full liability.
27. Default of Contract
In case of default by the bidder or contractor, the City may procure the items or services from other
sources and hold the bidder or cont~or responsible for any excess costs occasioned or incurred
thereby.
28. Modification for Chanaes
No agreement or understancfng to modify this IFB an~ resultant purchase orders or contract shall be
binding upon the City unless made in writing by the .Assistant City Manager or authorized
representative of the City of Largo.
29. Order or Precedence
In the event of an ilconsistency between provisions of the IFB, the inconsistency shall be resolved by
giving precedence in the following order:
(a) The schedule;
(b) Special provisions;
(c) Instructions to Bidders and General Instructions;
6
(d) Other provisions of the contract, whether incorporated by reference or otherwise; and
(e) The specifications.
30. Examination of Records
The bidder shall keep adequate records and supporting documentation applicable to the subject matter
of this bid to include, but not be limited to, records of costs, time worked, working papers and/or
accumulations of data, criteria or standards by which findings or data are measured, and datesltimes
of pick-up or derlVery. Said records and documentation shall be retained by the bidder for a minimum
of one (1) year from the date the bid is completed and accepted by the City. If any litigation, claim,
or aucflt is started .before the expiration of the one (1) year period, the records shall be retained until
all litigation, claims, or audit fincflngs, involving the records have been resolved. Should any questions
arise concerning this bid the City and its authorized agents shall have the right to review, inspect, and
copy all such records and documentation during the record retention period stated above; provided,
however, such activity shall be conducted only during nonnal business hours and shall be at City
expense. Bidders shall be authorized to retain microfilm copies in lieu of original records, if they so
desire.
Any subcontractor(s) employed by a bidder who is subject to these requirements shall be subject to
these requirements and the bidder is required to so notify any such subcontractor(s).
31. OccuDational Health and Safety
In compliance with Chapter 442, Rerida Statutes, any item delivered to the City resulting from this bid
must be accompanied by a Material Safety Data Sheet (MSDS).. The MSDS must be maintained by
the user agency and must include the following infonnation: .
a) The chemical name and the common name of the toxic substance.
b) The hazards or other risks in the use of the toxic substance, including:
(1) The potential for fire, explosion, corrosion, and reactivity;
(2) The known acute and chronic health effects of risks from exposure, including the medical
conditions which are generally recognized as being aggravated by exposure to the toxic
substance; and
(3) The primary routes of entry and symptoms of overexposure.
c) The proper precautions, handli"lg practices, necessary personal protective equipment, and other
safety precautions in the use of or exposure to the toxic substances, including appropriate
emergency treatment in case of over-exposure.
d) The emergency procedure for spills, fire, disposal, and first aid.
e) A description in lay tenns of the known specific potential health risks posed by the toxic
substance intended to alert any person reading this infonnation.
f) The year and month, if available, that the nfonnation was compiled and the name, address, and
emergency telephone number of the manufacturer responsible for preparing the information.
Any questions regarding these requirements should be directed to: Risk and Safety Manager,
(727) 587-6774.
32. Safetv Clause
Any and all work originated from this bid must comply with all applicable safety laws based on any
City.. County, State and/or Federal regulations.
7
33. Qualification of Bidders
A bidder may be required, before the award of any contract, to show to the complete satisfaction of
the City that he has the necessary facilities, equipment, ability and financial resources to perform the
work in a satisfactory manner within the time specified.
34. DisQualification of Bidders
Any or all proposals will be rejected if there is any reason for believing that collusion exists among the
bidders, and participants in such collusion, will not be considered in future proposals for the same work.
35. Licenses and Permits
The Contractor shall secure all licenses and permits and shall comply with all applicable laws.
regulations and codes as required by the State of Florida, or by the City of Largo. The Contractor
must fully comply with all Federal and State Laws and County and Municipal Ordinances and
Regulations in any manner affecting the performance of the work.
36. Vendor Site Insoection and Evaluation
The City reserves the right to inspect the vendor's site prior to award or at any reasonable time
throughout the contract period.
37. Reauest for Information
Information may be obtained from the OffICe of Management and Budget. (727) 587-6727, or from the
individual listed on the IFB cover letter.
38. Provisions for Other Aaencies
Unless otherwise stipulated by the bidder, the bidder agrees to make available to the Government
agencies, departments, and municipalities the bid prices submitted in accordance with said bid terms
and conditions therein, should any said governmental entity desire to buy under the proposal.
8
CITY OF LARGO, FLORIDA
SPECIAL CONDITIONS
FOR
SANITARY SEWER AND STORMWATER INVERSION LINING
BID '# 02-B-871 .
1. Intent
In accordance with the enclosed specifications, it is the intent of the City of Largo to receive bid
proposals for Sanitary Sewer, Reclaimed Water and Stormwater Emergency Repairs.
2. Manufacturer's Reference
Any such references, by brand or trade name or catalog number, are used for the purpose of
descnbing the estabrlShing general quality and perfol1Tlance levels. Unless otherwise stated in the bid
section, consideration will be given for any product which meets or exceeds the quality of performance
of the specification.
Vendors are required to state exactly what they intend to furnish as provided in the proposal section.
otherwise they shall be required to furnish the item as specified.
3. Warranty
FaRure by a manufacturer's authorized dealer to render proper warranty service/adjustments including
providing a copy of the warranty work order to the City, shall subject that dealer to suspension from
the City's approved vendor listing until satisfactory evidence of correction is presented to the Office
of Managem~nt ~d Budget. Payment will not be withheld pending warranty repairs and adjustments.
4. Invoices
Invoice copies (one original and one copy) shall be mailed to: City of Largo, Accounts Payable, P.O.
Box 296, Largo, Florida 33779-0296.
5. Reiection of Deliverv
The City reserves the right to refuse delivery of any product which does not meet Federal, State or the
specified safety standard. The City reserves the right to cancel any such item{s) on purchase orders
and obtain such items from another source, when such items have not been delivered within a
reasonable period of time as compared to the time stated in this bid.
6. Fiscal Non-Fundina Clause
In the event sufficient budgeted funds are not available for~ a new fiscal period, the City shall notify
the vendor of such occurrence and contract shall terminate on the last day of the current fiscal period
without penalty or expense to the City.
CITY OF LARGO, FLORIDA
REFERENCE INFORMAnON
FOR
SANrrARY SEWER AND STORMWATER INVERSION LINING
SID 102-S-871
(~[0~-;\lrrn-'W7
\~? \::.. _J ) I
U
Organization
Contact 'Person
Address
City
Phone Number (
Project Cost
SEE
A T T A C H E D
State
Zip
)
Date Perfonned
------------------------------------~-----------~------------------------------
Organization
Contact P-erson
Address
City
Phone Number (
Project Cost
State
Zip
Date Perfonned
--------------------------------------------------------------------~-----------
Organization
Contact Person
Address
City
Phone Number (
.Project Cost
state
Zip
)
Date Perfonned
-----------------~-------------------~---------------------------------------
Organization
Contact Person
Address
City
Phone Number (
Project Cost
State
Zip
)
Date Perfonned
----------------------------------------------------------------------------~---
Representative Typed NamefT"rtle Michael Cannon I Vice President
Representative Signature
Amn Azurix North America
109 Applewood Drive
Longwood, F~ 32750
407-260-9668
CITY OF LARGO, FLORIDA
.STATEMENT OF NO BID
FOR
SANITARY SEWER AND STORMWATER INVERSION LINING
BID #02.B-871
IF YOU DO NOT INTEND TO BID ON THI.S REQUIREMENT, PLEASE COMPLETE AND RETURN THIS
FORM PRIOR TO DATE SHOWN FOR RECEIPT OF BIDS TO: CITY OF LARGO, OFFICE OF
MANAGEMENT AND BUDGET, POST OFFICE BOX 296, LARGO, FLORIDA 33779-0296.
WE, THE UNDERSIGNED, HAVE DECLINED TO BID FOR THE FOLLOWING REASON(S):
WE DO NOT OFFER THIS PRODUCT OR EQUIVALENT.
SPECIFICATIONS ARE TOO aTIGHT", I.E. GEARED TOWARD ONE BRAND OR
MANUFACTURER ONLY (PLEASE EXPLAIN BELOW).
UNABLE TO MEET SPECIFICATIONS (PLEASE EXPLAIN BELOW).
SPECIFICATIONS l,!NCLEAR (PLEASE EXPLAIN BELOW).
INSUFFICIENT TIME TO RESPOND TO INVITATION TO BID.
OUR PRODUCT SCHEDULE WOULD NOT PERMIT US TO PERFORM.
,UNABLE TO MEET BOND REQUIREMENTS.
OTHER (PLEASE SPECIFY BELOW).
REMARKS:
WE UNDERSTAND THAT IF THE "NO BID" LElTER IS NOT EXECUTED AND RETURNED, OUR NAME
MAY BE DELETED FROM THE LIST OF QUALIFIED BIDDERS FOR THE CITY OF LARGO FOR FUTURE
PROJECTS.
Typed Name and Title
Signature
Company name
Address
City,
State
Zip Code
Telephone Number <-.J
. Fax L-.)
CITY OF LARGO. FLORIDA
INSURANCE REQUIREMENTS CHECKLIST
FOR 02-B-871 - Sanitsrv Sewer and Stormwater Inversion LIoina
Items marked "X" must be provided
x
General Llabmtv
-L- Commercial General UabilJty
-L- Occurrence Form
Minimum Limits Reaulred
S 1.000.000 General Aggregate
S 1.000.000 product/Completed Operations Agg.
S 1.000.000 Personal & Advertising Injury .
S 1.000.000 Each Occurrence
S
x
AutomobUe Llabilflv
Owned. Hired & Non-owned
S 1.000.000
StatutorY
S 100.000
S 500.000
S 100.000
Combined Single Limit per Occurrence
-1
WorkefS Comaensatlon
and Emalovefs LiabilitY
Each Accident
Disease - poncyUmit
Disease - Each employee
-1
Professional Llabilitv - Errors Ir. Omissions
e Oecluctlble: S
· Claims Made (YIN):
· Occurrence (YJN):
· Oefense included In Limits (Y/N):
rro be completed by Bidder)
S Aggregate
S Each Claim
Bulld.fs Rlskllnslallation Floater r To be completed by Bidder)
. Flood Included S Limit S 100% of Completed or Installed VaLue
· Transportation Included S Limit AJl-Risk Form
· Storage Included S Urnit
City Must Be A Named Insured.. Copy of PaOey WID Be Required.
Other
S
S
X The CertifICate of Insurance must shaw -rhe City of Largo. elected officials and employees. as a~ additional
insured.
X Certlicated must givi to the CIty of Largo 30 days' prior written notice of cancellation, non-renewal. or adverse
change.
X CertifICates must identify bid number and bid title.
Statement of Bidder:
Vice President
A complete copY of this fonn with orialnal sigriatu.. must ac:company bid.
Azurix North America Underground Infrastructure, ~nc_
109 Applewood Drive, Longwood, FL 32750
407-260-9668
O \90; PI"
o <"0
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City of Largo, Florida
Post Office Box 296. largO. Florida 33779-0296
Public Works Department
Chris A. Kubala, Public Works Director
Michael J. Staffopoulos. P.e.. City Engineer
Public Works Administration: (727) 586-7418
Engln~ring Services Division: (727) 587-6713
Engineering Services FAX: (727) 586-7413
SANITARY SEWER AND STORMW ATER INVERSION LINING
BID NO. 02-8-871
City of Largo, Florida
Summarv of Work
This project provides for the reconstruction of pipelines and conduits (8 . 10. 12. 15, 18, 24 and
30 in., and laterals) by the installation of a resin-impregnated, flexible robe which is inverted into
the existing conduit by use of a hydrostatic head or air pressure, also referred to as cured in place
pipe (CIPP). The resin is cared by circul8.ting hot water or introducing controlled steam within the
tube. When cured, the fmished pipe will be continuous and tight-fitting. This reconstruction
pr9Cess can. be used in a variety of gravity and pressure applications such as sanitary sewers and
stonn sewers. Pipelines for reconstruction on this project consist of primarily vitrified clay pipe,
with some ductile iron pipe, reinforced concrete pipe and conugated metal pipe.
The work shall be performed by annual bid, with an estimAted minimum footage of three
thousand (3,000) lineal feet of sewer line and stonnwater pipe to be inversion lined on an annual
basis. The term of this bid will be from the date of award through September 30, 2003. The City
of Largo reserves the right to extend the contractor for two additional one-year extensions with
the approval of the contractor. The estimated footages identified in the Schedule of Bid Prices
are for comparison only. The locations to be inversion lined will be as directed by the City 'of
Largo designated representative. The City of Largo will issue task orders to the contractor in
minimum increments of $20,000. The Contractor shall be required to be on the job site and
performing services within twenty-one (21) days of notification of each service request.
No dig inversion lining is required. , The Contractor will be responsible for sewage flow control
during all hours of installatioD. Night installations may be required in some sewer lines due to
sewage and/or traffic flow conditions. Coordination of the flow control and rehabilitation is the
responsibility of the Contractor. .
The indemnification provision contained in the General Conditions is incorporated herein, and
made a part hereof, as if fully set forth herein.
The contractor shDll submit, for the purposes of bidding, a completed Schedule of Bid Prices
!!!!l. uecuted Geneml Condidons. Failure to provide both documents sluzll result in an
u1U'esponsWe bid.
..SAFETY
1. Contractor will report any condition to the Cty of Largo which may pose a threat to the health and
welfare of employees of the City, Contractor, or the general public.
Page 1 _~_~
General COrrespondence: Errorl Not a valid link.
Error! Not a valid link. Julv 12 2002
2. Contractor will use employees that are properly trained and who are aware of possible work,
. materials, and job-site related hazards.
3. Contractor will ensure that waste material is properly disposed in accordance with applicable
regulations and safety precautions.
4. Contractor shall comply with all local, state and federal safety requirements, including but not limited
to OSHA.
Table of Contents
General Conditions
Schedule of Bid Prices
Technical Specifications
Section OIOlO-Summary of Work
Section 01025 - Measurement and Payment
Section 01530 - Barriers
Section 01570 - Traffic Control
Section 02702 - Pipe Lining By Inversion
Page 2 012
....".., .""" 10,4A,M AU
SUIIIJIW)'ofWortc
Section 010~O
SECTION 01010
SUMMARY OF WORK
PART 1 - GENERAL
1.01 WORK COVERED BY CONTRACT DOCUMENTS
A. The work covered by these specifications comprises, in general, the furnishing of all labor, equipment, materials.
The work shall include the perfozming of all operations to consb:uct road improvements, as well as, water, sewer,
and drainage improvements for the City of Largo as described and specified further in the Technical
Specifications, and as shown on the Contract Drawings. .
B. Except as specifically noted, the Contractor shall provide and pay for:
1. Labor, materials, tools, construction equipment, and machinery.
2. Water and utilities required for consb:uction.
3. Other facilities and services necessary for proper execution and completion of the work.
4. Testing lab services.
C. The Contractor shall comply with all codes, ordinances, rules, regulations, orders and other legal requirements
of the City of Largo.
D. Roadway restoration/reconstruction for any individual street shall be completed within 30 calendar days
subsequent to substantial completion of underground utility consb:uction on a street by street basis. The
submitted construction schedule shall indicate this consb:uction sequence.
1.02 EROSION AND SEDIMENT CONTROL
The Contractor shall implement erosion and sediment control practices that will prevent the introduction
of pollutants into the storm water system. Erosion and sediment controls shall include both stabilization
practices and structural practices.
The Contractor shall take adequate precautions to prevent siltation and bank erosion in discharging wen
point systems or during other construction activities. This includes the placement of erosion control
devices, such as silt barriers or settling basins, when necessary to prevent silt from entering ~e drainage
system. Whenever traffic will be leaving a construction site and moves directly onto a public road or other
paved area, a temporary gravel construction entrance, per City of Largo Standards, shall be installed to
reduce the amount of sediment transported onto public roads by motor vehicles or runoff. The entrance
shall be maintained in a condition that will prevent tracking or flow of sediments onto public rights-of way.
.All materials spilled, dropped, washed, or tracked from vehicles onto roadways or into storm drains must
be removed immediately. The road or paved area must ,be swept daily for sediments and stones.
All erosion and sediment control devices shall be checked daily or immediately after a storm event and
shall be cleaned out and/or repaired as required. All erosion and sediment control methods shall be in
accordance with F.D.O.T. Index No. 102 and shall comply with all state and local water quality standards.
The City Engineer or the appointed City personnel has the right to enforce immediate cleanup and
maintenance of any and all sediments on or off site.
1',,_' nf~
SIUIUIIiII}' of Work .
Section 01010
1.03 HOUSEKEEPING BMP'S
A construction site management plan shall be developed by the Contractor to prevent pollutants from
entering the storm water system. Pollutants include but are not limited to oils, grease, paints, gasoline,
concrete truck washdown, solvents, litter, debris and sanitary waste.
The construction site management plan shall designate areas for equipment maintenance and repair; shall
provide waste receptacles at convenient locations and shall provide regular collection of wastes; shall locate
equipment washdown areas on site and shall provide appropriate control of washwaters; shall provide
protected storage areas for chemicals, paints, solvents fertilizers and other potentially toxic materials; and
shall provide adequately maintained sanitary facilities
1.04 STORAGE OF MATERIALS
The Contractor shall furnish suitable storage facilities. All materials, supplies and equipment intended for
use in the work shall be suitably stored by the Contractor to prevent damage from exposure, admixture
with foreign substances, or vand~m or other cause. The Engineer will refuse to accept, or sample for
testing, materials, supplies or equipment that have been improperly stored, as determined by the Engineer.
Materials found unfit for use shall not be incorporated in the work and shall immediately be removed from
the construction or storage site. Delivered Il1ilterials shall be stored in a manner acceptable to the Engineer
before any payment for same will be made. Materials strung out along the line of construction will not be
allowed unless the materials will be installed within one week from the time of unloading and stringing
out.
1.05 PRESBY ATlON OF PROPERlY
The Contractor shall preserve from damage all property along the line of the work, or which. is in the
vicinity of or is in any way affected by the work, the removal or destruction of which is not called for by
the plans. Wherever such property is damaged due to the activities of the Contractor, it shall be
immediately restored to its original condition by the Contractor at no cost to the Owner.
In case of failure on the part of the Contractor to restore such property, or to make good such. damage for
injury, the Owner may, after 48 hours notice to the Contractor, proceed to repair, rebuild or otherwise
restore such property as may be deemed necessary, and the cost thereof will be deducted from any monies
due, or which may become due, the Contractor under this contract.
1.06 CLEAN UP
The Contractor shall keep the construction site free of rubbish and other materials and restore to their
original conditions those portions of the site not designated for the alteration by the Contract Documents.
Oean up and restoration shall be accomplished on a continuing basis throughout the contract period and
in such a manner as to maintain a minimum of nuisance and intederence to the general public and residents
in the vicinity of the work.
The Contractor shall also remove, when no longer needed, all temporary structures and equipment used
in his operation. It is the intent of this specification that the construction areas and those other areas not
designated for alteration by the Contract Documents shall be immediately restored to original condition
as upon completion of the project.
Page 2013
SIlllUllU7 of Work
Section 01010
1.07 PUBUC SAFElY AND CONVENIENCE
The Contractor shall at all times so conduct his work as to ensure the least possible obstruction to traffic,
or inconvenience to the general public and residents in the vicinity of the work. No road or street shall be
closed to the public, except with the permission of the Engineer and ot:h.eI jurisdictional governmental
authority, if any. Fire hydrants on or adjacent to the work shall be kept accessible. Provisions shall be made
by the Contractor to ensure public access to sidewalks, public telephones, and the proper functioning of
all gUtters, sewer inlets, drainage di~, and irrigation ditches. No open excavation shall be left ovemight
except during road closing. All open excavation within the roadway shall be backfilled and a temporary
asphalt patch applied prior to darkness each day. A cold asphalt patch is acceptable.
1.08 SAFETY AND OSHA COMPLIANCE
The Contractor shall comply in all respe~ with all Federal, State and Local safety and health regulations.
Copies of the Federal regulations may be obtained from the US. Department of Labor, Occupation Safety
and Health Administration (OSHA), Washington, DC 20210 or their regional offices.
The Contractor shall comply in all respects with the applicable Workman's Compensation Law.
1.09 CONTRACTOR'S USE OF PREMISES
A. Coordinate the use of premises under direction of Engineer.
B. Assume full responsibility for the protection and safekeeping of equipment and materials stored on the site.
C. Move any stored Products, W\der Contractor's control, which interfere with operations of the Owner or separate
Contractor.' .
Page3of3
STANDARD
GENERAL CONDmONS
OF THE
CONSTRUCTION CONTRACT
FOR
THE CITY OF LARGO
FLORIDA
Date: 2000
TABLE OF CONTENTS OF GENERAL CONDTInONS
ARnaE
TITLE
PAGE
ARTICLE TITLE PAGE
Substitutes or nOr-Equal". Item GC-12
Conceming Subcontractors,
Suppliers and .Others GC-13
Patent Fees and Royalties GC-13
Permits GC-14
Laws and Regulations GC.14
Taxes GC-14
Use of Premises GC-14
Record Documents GC-15
Safety and Protection GC-lS
Emergencies and Precautions
During Adverse Weather GC-16
Shop Drawings and Samples GC-16
Continuing the Work GC-17
Indemnification GC-17
7. OTHER WORK GC-18
Related Work at Site GC-18
Coordination Ge-18
8. THE CITY'S RESPONSIBILITIES GC-18
1. DEFINITIONS GC-1
2. PREUMINARY MATI'ERS GC-3
Delivery of Documents GC-3
Copies of Documents GC-3
Commencement of Contract
Time; .
Notice to Proceed. GC-3
Starting the Project GC-3
Before Starting Construction GC-3
Pre-c:onstrudion Conference GC-4
Finalizing Schedules GC-4
3. CONTRACT DOCUMENTS GC-4
Intent GC-4
.Ainending and Supplementing ,
Contract Documents GC-S
Reuse of Documents GC-S
4. A V AILABIlJTY OF LANDS:
PHYSICAL CONDmONS:
REFERENCE POINTS GC-S
AvaiIabilityofLands GC-S
Physical Conditions GC-6
Physical Conditions-
Underground Facilities GC-7
Reference Points GC-8 .
9. ENGINEER'S STATUS
DURING CONSTRUCI'ION
Oty's Representative .
Visits to Site .
Project Representation
Clarifications and
Intelpretations GC-21
Authorized Variations of Work GC-22
Rejecting Defective Work GC-22
Shop Drawings, Oaange Orders
and Payments GC-22
Determination for Unit Prices GC-22
Decisions on Disputes GC-22 -
Limitations on Engineer's
Responsibilities
GC-19
GC-19
GC~19
GC-19
5. BONDS AND INSURANCE GC-8
Bonds GC-8
Contractor's Insurance GC-9
.. -"
6. CONTRACTOR'S
RESPONSIBILlT1ES GC-ll
Supervision and
Superintendence GC-ll
Labor, Materials and Equipment;
Hours of Work GC-ll
Adjusting Progress Schedule GC-12
GC-22
10. CHANGE.S IN THE WORK GC-23
TABLEOFCONTENTSOFGENERALCONDflaONS
ARTICLE
TITLE
11. CHANGE OF CONTRACT PRICE
Cost of the Work
Contractor's Fee
Cash .Allowances
Unit Price Work
Omitted. Work
PAGE
GC-24
GC-24
GC-26
GC-26
GC-27
GC-27
12. CHANGE OF CONTRACT TIME GC-27
13. WARRANTY AND GUARANTEE:
TEST AND INSPECI'IONS:
CORRECTION, REMOVAL
OR ACCEPTANCE OF DEFECTIVE
WORK. GC-28
Warranty and Guarantee GC-28
Access to Wolk GC-28
Tests and Inspections GC-28
Uncovering Work GC-29
City May Stop the Work GC-29
Correction or Removal of
Defective Worle GC-29
One Year Correction Period GC-29
City May <;:oitect Defective
Work GC-30
14. PAYMENTS TO CDNTRACI'OR
AND COMPLETION
Schedule of Values
Application for Progress
Payments
Contractor's Warranty of Title
Review of Applications for
Progress Payment
Substantial Completion
Partial Utilization
Finallt1spection
Final Application for Payment
Final Payment and Acceptance
Contractor's Continuing
Obligation
GC-30
GC-3Q
GC-3Q
GC-31
GC-31
GC-31
. GC-31
GC-32
GC-32
~-32
GC-33
ARTICLE TITLE
15. SUSPENSION OF WORK
AND TERMINATION
City May Suspend Work
City May Terminate
Contractor May Stop Work or
Terminate
PAGE
GC-33
GC-33
GC-33
GC-35
GC-35
GC-35
GC-35
16. MISCELLA.NEOUS
Giving Notice
Computation of Time
No Limitation of Rights and
Remedies GC-35
Accident and Prevention GC-36
Florida Products and Labor GC-36
Employees GC-36
Non-Disaimination GC-36
Assignment GC-36
Venue GC-37
Asbestos GC-37
Right to Audit GC-37
Contract Time; Liquidated Damages
GC-37
GC-37
GC-38
Payment Procedures
Contractor's Representations
CONTRACfOR SIGNATURE, DA'rP &:
CORPORATE SEAL
GENERAL CONDITIONS
ARTICLE 1- DEFlN1TIONS
Wherever used in these General Conditions or in the
other Contract Documents the following tenDS have the
meanings indicated which are applicable to both the
singular and plural thereof:
ADDENDA - Written or grapbic instruments,
explanations, interpretations. changes. corrections,
additions. deletions or modifications of the contract
documents issued prior to the opening of Bids which
clarify. comet or change the bidding documents or the
Contract Documents.
AO~m:.MENT - The written agreement between the
CITY and CONTRACfOR covering the Work to be
performed; when other Contract Documents are
attached to the Agreement, they become a part of the
coD1ract. The Agreement is also refetred to as the Con-
tract
APPUCATIONFOR PAYMENT -The fmm accepted
by ENGINEER which is to be used by CONTRAcroR
in requesting progress or final payments and which is to
include such supporting documentation as is required
by the Contract Documents.
BID - The offer or proposal of the bidder submitted on
the prescribed form setting forth the prices for the Work
to be performed. properly signed or guaranteed.
BONDS - Bid, Performance and Payment bonds and
other instruments which protect against loss due to
inability. failure or refusal of the CONTRACTOR to
perfonn the work specified in the contract documents.
CAT .F.NDAR DAY - A calendar day of 24 hours
measured from midnight to the next mjdnigbt, including
Saturdays. Sundays and holidays and regardless of the
weather.
CHANGE ORDER - A document recommended by
ENGINEER which is signed by the CONI'RACTOR
and the CITY which authorizes an addition, deletioq, or
reVision in the work, or an adjustment in the Contract .
Price or Contract TIlDe. issued on or after the execution
of the Agreement
gJX - The City of Largo. Florida. a Florida municipal
corporation, its authorized and legal representatives, the
public entity with whom the Contractor has entered into
the apemmt and for whom the work is to be provided.
CONSTRUCTION Si1PERlNTENDENT - The
construction superintendent shall be in attendance at the
project site during perf'ormance of the Work and shall
represent the CONTRACI'OR. CommunicatioDS given
to the construction superintendent or decisioDS made by
the construction superintendent shall be as binding as if
given to or made by the CONTRACfOR. Important
communications or decisions shal1 be confirmed. in
writing. Other communications or decisions shall be
similarly confirmed by written request in each case.
CONTRAcr DOCUMENTS -The Invitation to Bid,
Instructions to Bidders, Proposal, Bid Bond,
Agreement, Payment Bond, Performance Bond,
Certificate of Insurance. Notice of Tentative Award,
Notice to Proceed. Certificate of Substantial
Completion. W manly of Title. Fmal Receipt - Release
of Lien. General Conditions. Supplemental General
Conditions. Technical Specifications, Contract
Drawings. Addenda and Change Orders executed
pursuant to the Contract Documents.
CONTRAcr PRICE -The total monies payable by the
C11Y to the CONTRACfOR under the te~ and
conditions of the ContraCt Documents..
CONTRAcr TIME - The number of successive
calendar days stated in the Contract Documents for the
completion of the Work.
CONTRAcrOR - The person, firm. or corporation
with whom the CITY bas executed the Agreement to
furnish the Work cal1edfor in the Contract Documents.
DEFECTIVE WORK - Work that is unsatisfactory.
faulty. or deficient; or that does not confonn to the .
Contract Documents; or that does not meet the
requirements of any. inspection. reference ~ test,
or approval refmed to in the CoDlraCt Documents; or
Work diat bas been damaged prior to the ENGINEERS
recolDIDCndation of final payment .
DRAWINGS - The drawings. plans, maps, profiles.
diagrams. and other graphic representations which show
character. location. natUre. extent and scope of the
Work, which have been prepared or approved by
ENGINEER and which are consid~ part of the
Contract Doc:uments.
indicated it means the date on which the Agreement is
signed by the last of the two parties to sign the
Agreement.
EN~(S) - City of Largo Public Works
Department, Engineering Division or its authorized
agents. inspectors or representatives acting within the
scope of duties e~trusted to them by the CITY.
FIELD ORDER - A written order by the ENGINEER
that does not impact the cost or time of performance of
the Work.
GENERAL REoUIREMENTS - Division 1 of the
Technical Specifications.
LAWS. AND REGULATIONS: LAWS OR
REGULATIONS - Laws. rules. codes, regulations,
ordinances and/or orders promulgated by a lawfully
constituted body authorized to issue such Laws and
Regulations. .
NOTICE OF AWARD - The official written notice by
the CITY to the apparent successfUl bidder stating that
upon compliance by the apparent sucCessful bidder with
the conditions precedent enumerated therein within the
time specified, the CI1Y may enter into an Agreement
NOTICE TO PR~ - The written notice issued by
the CITY. or it's agents. to the CONTRACI'OR
authorizing the CONTRACI'OR to proceed with the
Work and establishing the date of commencement of
the Contract Tune.
PARTIAL unLIZATION - Placing a portion of the
Work in service for the purpose for which it is.intended
(or a related purpose) beforo reaching Substantial
Completion for all the Worlc.
PROJECT.. The entire constrUCtion to be ps=lf01med as
provided in the Contract Documents.
RESIDENT PROJECT REPRESENTATIVE (RPR) -
The resident project representative, shall be in
attendance at the project siID during performance of the
Work and sball represent the CITY directly or through
the ENGINEER. Respons~ilities of the RPR are
further defined in Paragraph 9.3 of these General
Conditions.
iJlStructioDS. diagrams and other information prepared
by a supplier and submitted by the CONTRACfOR to
illustrate material or equipment for some portion of the
Work.
SPECIFICA nONS - (Same definition as for Technical
Specifications hereinafter).
SUBCONTRACTOR - An individual. firm. or
corporation having a direct contract with the
CONTRACI'OR or with any other Subcontractor for
the performance of a part of the Work at the Site.
SUBSTANTIAL COMPLETION - The Work (or a
specified part thereof) bas progressed to the point
where, in the opinion of ENGINEER as evidenced by
ENGnffiER'S definitive certificate of Substantial
Completion, it is sufficiently complete. in accordance
with the Contract Documents. so that the Work (or
specified part) can be utilized for th~ purposes for
which it is intended. The terms "substantially
comple~" and "substantially completed" as applied to
any Work refer to Substantial Completion thereof.
When the entire Project is considered to be.
Substantially Complete. this does not constitute Fmal
Acceptance or Fmal Completion of the entire Project
SUPPT."RMP.NT ARY CONDmONS - The part of the
Contract Docuinents which amends or supplements
these General Conditions.
SUPPT .'J'F.R - A manufacturer, fabricator. supplier.
distributor. materialman or veDdor.
SURETY - Any person, firm or corporation which is
bound by bid or conttaCt bond with and for the
CONTRACI'OR. '
TECHNICAL SPECIFICATIONS - Those portions of
the Conrract Documents consisting of the General
Requirements and written tecfmical descriptions of
products and execution of the Work.
UNDERGROUND FACILITIES - All pipelines.
conduits. ducts, cables. wires, manholes. vaults. tanks.
blDnels or other such facilities or attachments. and any
encasemems containing sw:b facUities which have been
installed UDderp'Ound to 1UrDish any of the followin;
services or materials: electricity. gases., steam, liquid
petroleum products. telephono or other
COmmuaicatioDS. cable television, water supply or
distribution, sewage and drainage removal, traffic or
other control systemS.
UNIT PRICE WORK. - Work to be paid for on the
basis of unit prices.
WORK. - AJJy and all obligations, duties and
responsibilities necessary to the successful completion
of the Project assigned to or uudenaken by the.
CONTRACI'OR under the Contract Documents,
including all labor, materials, equipment and other
incidentals and the furnishing thereof.
WORK. DIRECTIVE CHANGE - A written direCtive to
CONTRACI'OR. issued on or after the Effective Date
of the Agreement and signed by the CITY and
reCommended by the ENGINEER. ordering an addition,
deletion or revision in the Work. or which references an
emergency or unforeseen physical CODditiODS UDder
which the Work is to be pe1founed. A Work DireCtive
Change may not change the Contract Price or the
Contraet Time, but is evidence that the parties expect
that the change directed or documented by a Work
Directive Change will be incmporated in a subsequently
issued Change Order following negotiations by the
parties as to its effect, if any, on the Contract Price or
Contract Tune.
WR1TI'EN AMENDMENT - A written amendment of
the ConlraCt OocUments, signed by the CITY and
CONTRACI'OR on or after the Effective Date of the
Agreement and normally dealing with the non-
engineering or non-rechnical rather than strictly Work-
related aspects of the Contract Documents.
ARTICLE 2. PRELIMINARY MAT1'ERS
DELIVEay OF DOCUMENTS:
2.1. When the CONTRAcrOR delivers the
signed Agreements to the CITY, the CONTRACI'OR
shall also deliver to the CITY such Boads and
Insurance Policies, Certificates or other docmnents as
the CONTRACI'OR may be required to furnish in
accordance with the Contract Documents.
COPIFS OF DOCUMENTS:
2.2 The CITY shall. fUmish to
CONTRACI'OR three copies (uuless otherwise
specified in the Supplementary Conditions) of the
Contract Documents or as are reasonably necessary for
the execution of the Work. Additional copies will be
furnished, upon request, at the cost of reproduction.
GC-3
COMMENCEMENT OF CONTRACT TIME;
NOTICE TO PROCEED:
2.3. The Contract Time will commence to
run on the day indicated in any Notice to Proceed. A
Notice to Proceed may be given at any time within sixty
days after the Effective Date of the Agreement
STARTING THE PROJECT:
2.4. CONI'RACI'OR shall start to perform
the Work on the date when the Contract Time
commences to run, but no Work shall be done at the site
prior to the date on which the Contract time commences
to run.
BEFORE STARTING CONSTRUCTION:
2.5. Before undertaking each pan of the
Work, CONTRACI"OR shall carefully study and
compare the Contract Documents and cbeck and verify
pertinent figures shown thereon and all applicable field
measurements. CONTRACI'OR shaD promptly report
in writing to ENGINEER any confliCt, en'OI', ambiguity
or discrepancy which CONTRACI'OR may discover
and shall obtain a wrinen in~on or clarification
from ENGINEER before proceeding with any Work
affected thereby; however, CONTRACI'OR shall not
be liable to CITY or ENGINEER for failure to report
any confliCt, error, ambiguity or discrepancy in the .
Contract Documents, unless CON1'RACI'OR la;1ew or
reasonably should have moWl1 thereof.
2.6. At the pre-constructioD conference,
CONTRACfOR shall submit to ENGINEER for
review:
2.6.1. a proposed progress schedule
indicating the starting and completion dates of
the various stages of the Work; and,
26.2. a preliminary scbedule of
Shop Drawing submissions and those shop
drawings necessary to begin the work; and.
2.63. a preliminary schedule of
values for all of the Work which will include
quantities and prices of items aggregating the
. Contract Price and will subdivide the Work into
component parts in sufficient de~ to serve as
the basis for pi-ogress payments during
construction. Such prices will include an
appropriate amount of overhead and profit
applicable to each item of Work which will be
confirmed in writing by CONTRACl'OR at the
time of submission ;and.
2.6.4. Pre-coDSlrUCtion video'tapes if
required by the technical specificatioDS
2.7. The CONTRACTOR shall not
commence construction operations until the
construction progress schedule, schedule of values and
the shop drawing submission schedule described above
have' been reviewed by the ENGINEER for general
conformance with the Contract documents. , Ahr
review of the schedules, no deviation Shall be made
without prior written acceptance by the CITY for
general conformance with the Contract DocumentS.
PRECONSTRUCTION CONFERENCE:
2.8. After the Effective Date of the
Agreement, but before CONTRACI'OR starts Work at
the site, a conference attended by CONTRACl'OR..
ENGINEER and others as deemed appropriate by the
CITY, ENGINEER.. or CONTRACI'OR will be held to
discuss the schedules referred to in paragraph 2.6, to
discuss procedures for }wufling Shop Drawings and
other submittals and for processing ApplicatioDS for
Payment, and to Cstablish a working understanding
among ~ parties as to the Work. Noddng herein sbaI1
relieve the' CONTRACTOR from the responsibility of
contacting local utilities and any other necessary
agencies.
'FINALIZlNG SCBEDtJLES:
2.9. At least ten days before submission of
the first Application for Payment a ccmfmence attended
by CONTRACI'OR. Cl1Y. ENGINBER aud others as
appropriate will be held to mllli7',e the schedules
submitted in accordance with paragraph 2.6. The
finalized progress schedule will be acceptable to the
CITY as providing an orderly progression of die Work
.to completion within the Contract Tune, but such
acceptance will neither impose on the CITY
respoDSibility for the progress or scheduling of the
Work nor relieve CONTRAcrOR from full
respoDSibility therefor. The fiDalized schedule of Shop
Dmwing submissiODS will be acceptable to the ClTY as
providing a workable auanjement for processing the
submissioDS. The fiDlIliZf!d schedule of values will be
acceptable to the ClTY as to foan and substaDce.
ARTICLE 3 . CONTRAcr DOCUMENTS:
lNTENT, AMENDING, REUSE
GC-4
INTENT:
3.1. The Contract Documents comprise the
entire agreement between the CITY and
CONTRACl'OR concerning the Work. The Contract
Documents are complementary: what is called for by
one is as binding as if called for by all. The Contract
Documents will be constnJed in accordance with the
laws of the State of Florida with venue' in Pinellas
County. Florida. ,
3.2. It is the intent of the Contract Documents .
to describe a functionally complete Project (or pan
thereto) to be constrUcted in accordance with the
Contract Documents. AI1y Work. materials or
equipment that may reasonably be inferred from the
Contract Documents as being required to produce the
intended result shall be supplied whether or not
specifically called for. When WOlds which have a wen-
known technical or trade meaning are used to descnbe
Work, materials or equipment such words sball be
intelpreted in accordance with that meaning. Reference
to standard specifications, manuals or codes of any
technical society, organization or association, or to the
Laws or Regulations of any governmental authority,
whether such reference be specific or by implication,
sball mean the latest standard specification, manual,
code or Laws or Regulations in effect at the time of
opemg of Bids. except as may be. otherwise
speci:6caJly stated. However~ no provision of any refer-
enced standard specification, manual or code (whether
or not specifically incorporated. by reference in the
Contract Documents) sball be effective to change the
duties or responsibilities of the CITY, CONI'RAcrOR
or ENGINEER or any of their consultants, agents or
employees from those set forth. in the Contract
Documents, nor shall it ~ effective to assign to
ENGn-mER'S, agents or employees. any duty or
authority to supervise or direct the furnishing or
perfcmnance of the Work or any duty or authority to
underta1ce leSponsibility contrary to the provisions of
paragraph 9.15 or 9.16. Clarifications and
interpretations of the Contract Documents shall be
issued by the ENonEER as provided in paragraph 9.4.
3.3. If, during the performance of the Work,
CONTRACl'OR finds a conflict, mer or cliscrepancy
in the Contract Documents, CONTRACfOR shall so
notify the ENGINEER. in writing, at once and before
proceeding with the Work affected thereby shall obtain
a written interpretation or clarification. In resolving
conflicts reso1ting from eaors or ctiscrepancies in any of
the Contract ~ the order of precedence sball
be as follows:
1. Chanp Order
2. Addenda
3. Agreement
4. Proposal
5. Supplemental General ~oDditions
6. Invitation to Bid
7. Inst;ructions to Bidders
8. General Conditions
9. Technical Specifications
10. ContraCt Drawings
a. Dimensions
b. Full Size Details
c. Full Size Drawings
The captions or subtitles of ~e several articles and
divisions of these Ccinttaet Documents constitute DO
part of the context and hereof, but are only labels to
assist in locating and reading the provisions hereof.
AMENDING AND SUPPLEMENTING
CONTRACT DOCUMENTS:
3.4. The Contract Documents may be amended
to provide for additions, deletions and revisioDS in the
Work or to modify the terms and conditions thereof in
one or more of the following ways:
3.4.1. a fmmal Written .4.ml!lldmf!Jlt.
3.4.2. a Change Order (pursuant to
paragraph 10.4), or
3.4.3. a Work Directive Change
(pursuant to paragraph 10.1).
AJ indicated in paragraphs 11.2 and 12.1. Contract
Price and ContraCt Time may only be changed &y a
Change Order or by a Written Amendment.
3.5. In addition, the requirements of the
Contract Documents may be supplemented, and minor
variations and deviatiODS in the Work may be
authorized, in one or more of the following ways:
3.5.1. a FlCld Order (pursuant to
paragraph 9.5)
3.5.2. ENGINEER'S approval of a
Shop Drawing or sample (purswmt to paragraphs
6.26 and 6.27), or
3.5.3. ENGINEER'S written
interpretation or clarification (pursuant to
paragraph 9.4).
REUSE OF DOCUMENTS:
GC-s
.
3.6. Neither CONTRACTOR nor any
Subcontractor or Supplier orotber person or
organization performing or furnishing any of the Wark
under a direct or indirect contract with the CITY shall
have or acquite any title to or ownership rights in any of
the Contract DocumeDlS. drawings. teclmical
specifications or other documents used on the work;
and, they shall not reuse any of them on extensions of
the Project or any other projeCt withow prior writtell
consent of the CITY and ENGINEER.
ARTICLE 4 - AVAILABILITY OF LANDS;
PHYSICAL CONDmONS; REFERENCE
POINTS
A V AILABIL1TY OF LANDS:
4.i. The CITY shall furnish, as indicated in
the Contract Documents. the lands upon which the
Work is to be perfcmned, rights-of-way and easements
for access thereto and such other lands which are
designated for the use of CONTRACTOR. Easements
for permanent suuctures or permanent changes in
existing facilities will be obtained and paid for by the
CITY, unless otberwisC provided ~_ the- Contract
Documents. If CONTRACfOR believes that any delay
in the OTY,'S famishing these lands, rights-of-way or
easements entitles CONTRAcrOR to an extension of
the ConlmCt ilDle, CONTRACTOR may make a claim
therefor as provided in Article 12. CONTRACfOR
sball provide for all additional lands and access thereto
that may be required for temporary construction
facilities or storage of materials and equipment.
4.1.1. Occupying Private Land: The
Contractor sba1l not (except after written consent
from the proper parties) enter or occupy with
men, tools, equipment or materials, any land
outside the rights-of-way or property oftbe Oty.
A copy of the written consent shall be given to
the CITY.
4.1.2. Work in State, County and
City Rights-of-Way and Easements: When the
Work involves the installation of sanitary
sewers, storm sewers, drains, water mains.
maDholes, underground structureS, - or other
disturbances of existing features in or across
street, rights-of-way. easements, or other .
property, the CONTRACI'ORsball (as the Work
progresses) promptly back-fill, compact" grade
and otherwise restore the disturbed area to a
basic condition which will permit resumption of
pedestrian or, vehicular ttaffic and 8IIY other
critical activity or function consistent with the
original use of the land. Unsightly mounds of
earth. large stones, boulders, and debris shall be
removed so that the site presents a neat
app~arance.
4.1.3. Worlc Adjacent to Telephone.
Power, Cable TV and Gas Company Structures:
In all cases where Work is to be perfmmed near
telephone, power, water, sewer, drainage, cable
TV, or gas company facilities, ~e Contractor
shall provide written notification to the
respective companies of the areas of which
Work is to be performed, prior to the actual
perfonnance of 8IIY Work in these areas.
4.1.4. Use of Public Streets: The use
of public streets and alleys shall be such as to
provide a m;nimIJm of ~con...enience to the
public 8IId to other vehiCUlar and non-vehicular
traffic. AJ1yearth or excavated material spilled
from ttucb sball be removed by the
CONTRAcrOR and the streets cleaned to the
satisfaction of the CITY, the ENGINEER, the
Florida Department of Transportation, or other
agency or governmei1W entity having
jurisdiction, as applicable.
PHYSICAL CONDmONS:
4.2.1. Explorations and Reports:
Where applicable, reference is made in the
technical specifications, for identification. of
those reports of explorations and tests of
subsurface COnditiODS at the site Ibat have been
utilized by ENGINEER. in plepIlaDon of the
ConttaCt Documents. CONTRAcroR accep1S
the site and any unforeseen conditions in
accordance with paragraph 4.4 of the
instructionS to Bidders, and may rely upon the
accuracy of the technical data contained in such
reports, but not UPOD non-tec:lmicll data,
interpretations. or opiDiODS contained therein or
for the completeneSS for CONTRACI'OR'S
purposes, including, but not limited to, any
aspects of the ~ methods, tecbniques,
sequences and procedures of CODS11'UCtion to be
employed by CONTRAcroR 8Dd safety
precautions and programs inrideDt thereto.
Except as iDdi~ in die ~1y peceding
sentence and in paragraph 4.2.6,
CONTRAcroR shall have fglJ responsibility
wi~ respect to subsurface conditions at the site.
GC-6
4.2.2. Existing Structures: Where.
applicable, reference is made to the teChnical
specifications, for identification of those
drawings of physical conditions in or relating to
existing surface and subsurface strUctures
(except Underground Facilities referred to in
paragraph 4.3.1) which are at or contiguous to
the site that have been utilized by ENGINEER. in
preparation of the Contract. Documents.
CONTRACI'OR may rely upon the general
accuracy of the technical data contained in such
drawirigs, but not for the completeness thereof
for CONTRACTOR'S purposes including, but
not limited to, any aspects of the means,
methods, techniques, sequences and procedures
of construction to be employed by
CONTRAcrOR and safety precautions and
programs incident thereto. Except as indicated
in the immediately preceding sentence and in
paragraph 4.2.6, CONTRAcrOR shall have full
respoDSlbility with respect to physical conditions
in or relating to. such structureS. However,
where the dimensions and locations of existing
structures are of critical imponance in the
installation or connection of Dew work, the
CONTRAcrOR shall verify such dimensions
and locations in the field before the fabrication
of any materials or equipment which is
dependent on the cmrectness of such
information. There sbalI be no additional cost to
the CITY for CONTRACl'OR'S failure to verify
such dimensions and locations, or for inacclJI'll1'C
verifications by CONTRACTOR.
4.2.3. Report. of Differing
Conditions: If CONTRACl'OR believes that
4.2.3.1. Any technical data '
on which CONTRAcrOR is entitled to
rely as provided in paragraphs 4.2.1 and
4.2.2 is inaccurate, or
4.2.3.2. Any physical
condition uncovered or revealed at the
site differs materially from that
indicated, reflected or referred to in the
Contract Documents, CONTRACTOR
shall, promptly after becoming aware
thereof and before performing any Work
in connection therewith (except in an
emergency as permitted by paragraph
6.22.1), notify the CITY and the
ENGlNBER in writing . about the .
ipaccuraCY or difference.
4.2.4. ENGINEER. 'S Review:
ENGINEER. will promptly review the pertinent
conditions, determine the necessity of obtaining
additional explorations or tests with respect
thereto and advise the CITY in writing (with a
copy to the CONTRACTOR) of ENGINEER'S
findings and conclusions.
Underground Facilities during
construction. for the safety and
protection thereof as provided in
paragraph 6.20, and repairing any
damage thereto resulting from the Work,
the cost of all. of which will be
considered as having been included in
the ContraCt Price~
4.3.1.1. The CITY and
ENGINEER sball DOt be responsible for
the accuracy. or completeness of any
such iDfonnation or data; aDd,
4.3.1.3. All water pipes.
sanitary sewers, storm drains, force
mains, gas mains, or other pipe,
telephone or power cables or conduits,
pipe or conduit casings, curbs,
sidewalks, service lines and all other
obstructions, whether or not shown,
sball be temporarily removed from or
supported across utility line excavations.
. Where it is necessary to temporarily
interrupt services, the q)NTRACfOR
sba1I notify the owner or occupant of
such facilities both before the
interrUption and again immediately
before service is resumed.. Before
disconnecting any pipes or cables, the
CONTRAcrOR shall oblain permission
from their owner, or shall make suitable
arrangements for th~ir disconnection by
their owner. The CONTRAcrOR shalI
be responsible for any damage to any .
such pipes, conduits or cables, and shall
restore them to service promptly as soon
as the Work has progressed past the
point involved. Approximate locations
of lcnOWD water, sanitary, drainage,
natural gas, power, telephone and cable
TV installations along the route of new
pipelines or in the vicinity of new work
are shown, but are to be verified in the
field by the Contractor prior to.
performing the work. 'J11e
CONTRACfOR shall uncover these
pipes, ducts, cables, etc., carefully,. by
hand prior to installing his Work. Any
discrepancies or differences found shall
be immediately brought to the attention
of the ENGINEER in order that
necessary changes may be made to
permit installation of the W ~k.
4.3.2. If an Underground Facility is
uncovered or revealed at or contiguous to the
site which was not shown. nor located by the
facilities owner and which CONTRAcrOR
could not reascmably bave been expected to be
4.2.5. Possible Document Change:
IfENGlNEER concludes that there is a material
error in the Contract Documents or that because
of newly discovered conditions=- change in the
ContraCt Documents is required, a Work
Directive Change or a Change Order will be
issued as provided in Article 10 to reflect aDd
document the consequences of the inaccuracy or
difference.
4.2.6. Possible Price and TUDe
Adjustments: In each such case, an increase or
decrease in the ContraCt Price or an extension or
shortening of the Contract Time. or any
combination thereof, will be allowable to the
extent that they are attributable to any such
inaccuracy or difference. If the CITY aDd,
CONTRAcrOR are unable to agree as to the
amount or length thereof, a claim"-may-be made
therefore as provided in Article 11 and 12.
PHYSICAL COrmmONS . UNDERGROUND
FAcnJTIES:
4.3.1. The information and data
shoWD or indicated in the Contract DOC11IMnts
with respect to existing Underground Facilities
at or contiguous to the site is based on
infonnation and data furnished to the CITY or
ENGINEER. by the owners of such UDdergr:ound
Facilities or by others.
aware of, CONTRACI'OR. shall. promptly after
becoming aware thereof and before performing
any Work affected thereby (except in an
emergency as permitted by paragraph 6.22.1),
identify the owner of such Underp'ound Facility
and give written DOUce thereof to that owner and.
to the CITY and the ENGINEER.. The
ENGlNEER. will promptly review the
Underground Facility to determine the extent to
which the ContraCt Documents should be
modified to reflect aDd dOC1llDeint the
consequences of the existence of the
Underground Facility. and ,the Contract
Documents will be amended or supplemented to
the "extent necessary. During such time.
CONTRACI'OR shall be responsible for the
safety and protection' of such Underground
Facility as provided in paragraph 6.20.
4.3.3. CONTRACTOR shall only be
allowed an increase in the Contract Price or an
extension of the Contract Time, or both. to the
extent "that they are attributable to the existence
of any such Underp'ound Facility
CONlRAcrOR could not reasonably have been
expec~ to have been aware of. If the parties
are unable to agree as to the amount or length
thereof, CONTRACfOR may make a claim
therefor as provi4ed in Articles 11 and 12.
REFERENCE POINTS:
4.4. The CITY sball provide engineering
surveys to establish reference points for construction
which in ENGINEER'S judgment are necessary to
enable CONTRACI'OR to proceed with the Work..
CONTRACI'OR sball be responsible for laying out the
Work (unless otherwise specified in the General
Requirements), shall protect and preserve the
established refenmce points and shall mab no changes
or relocatiODS without the prior written approval of the
CITY. The CONTRACTOR sball report to the
ENGINEER. whenever any reference point is lost or
destroyed or requires relocation because of necessary
changes in grades or localions. and sball be responsible
for the accmate replacement or relocation" of such
reference points by professionally qualified pasmmeL
ARTICLE 5. BONDS AND INSURANCE
BONDS:
GC-8
5.1. CONTRAcrOR shaI1 upon delivery of
the executed Asreement to the CITY furnish
Performance and Payment Bonds, each in an amount at
least equal to the Conlract Price as security for the
faithful performance and payment of all
CONTRACTOR'S obligations under the Contract
Documents. These Bonds shall remain in effect at least
until one year after the date when final payment
becomes due, except as otherwise provided by Law or
Regulation or by the Contract Documents.
CON1RACI'OR shall also furnish such other Bonds as
are required by the Supplementary Conditions The form
and conditions of the Bonds and the Surety shall be
acceptable and satisfactory to the CITY and Surety
shall be a nationally recognized Surety Company
acceptable to the CITY. listed on the current list of
"Companies Holding Certificates of Authority as
Acceptable Sureties ,on Federal Bonds and Acceptable
Reinsurin, Companies" as published in Circular 570
(amended) by the Audit Staff, Bureau of Government
Fmancial Operations, V.S. Treasury Department, for
projects not exceedin, ($500,000). five hundred
thousand dollars and meet the other requirements of
Florida Sra_ Section 287.0935 (1989). For proj~
exceeding five hundred thousand dollars. all bonds sball
be placed with sureties with a Best Rating of no less
than A-IX. Bonds shall be executed and issued by a
resident agent, licensed and having an office in Florida,
representing such corporate SlD'eties. If the
CONTRACI'OR is a partnership, the Bond should be
signed by each of the individuals who are partners; if a
corporation. the Bond should be signed in the correct
corporate name by duly authorized officer. 'agent or
attorney-in-fact. There should be executed an
appropriate number of counterpartS of the bond
couesponding to the number of counterpartS in the
Contract. Each executed bond should be accompanied
by (a) appropriate aclcnowledgment of the respective
parties; (b) appropriate duly certified copy of Power -of-
Attorney or other certification of authority where bond
is executed by a$Cot, officer or other representative of
Conttactor or Surety; (c) duly certified extract from by-
laws or resolutions of Surety under which Power-of-
Attorney, or other certificate of Authority of its agent,
officer or representative was issued.
5.2. If the surety on any Bond furnished by
CONTRACI'OR is declared baakrupt or becomes
insolvent or its right to do business is terminated in the
state of Florida or it ceases to meet the requirements of
paragraph 5.1.. CONTRACI'OR shall within five days
thereafter substitute another Bond and Surety, both of
which must be in conformance with paragraph 5.1.
CONTRACTOR'S INSURANCE:
5.3. General: CONTRACTOR shall
purchase and' maintain such comprehensive general
liability and other insurance as is appropriate for the
, Work being performed andfumished and as will
provide protection from claims set forth below which
may arise out of or result from CONTRACTOR'S
performance and furnishing of the Work and
CONTRACl'OR'S other obligations under the Contract
Documents, whether it is to be performed or fumished
by CONTRACTOR. by any Subcontractor, by anyone
directly or indirectly employed by ~y of them to
perform or furnish any of the Work, or by anyone for
whose acts any of them may be liable. Before starting
and during the tenD of this Contract, the
CONTRACl'OR shall procure and maintain insurance
oftbe types and to the limits specified in paragraph 5.4,
inclusive below.
5.4. Coverage: Except as otherwise stated,
the amounts and types of insurance shall conform to the
following rpjn;inum. requirements:
. 5.4.1. Workers' Compensation.
Coverage to apply for all employees for
Statutory I,.imi~ in compliance with the
applicable State and Federal laws.
CONTRAcrOR.shall require aU subcontractors
to maintain, workers compel1Sation during the
term. of the agreement and up to the date of final
acceptance. CONTRACfOR shall defend,
indemnify and save the CITY and ENGINEER.
harmless from any damage resulting to them for
, failure of either CONTRACTOR or any
subcontractor to tab out or nm.;nmiQ such
insurance.
5.4.1.1. Employers'
Liability with StabJtory Limits of
Sl00,OOOJSSOO,OOOI$I00,OOO.
5.4.1.2. Notice of
Cancellation and/or Restriction. The
policy must be endorsed to provide the
City with thirty (30) ~ys'written notice
of cancellation anrJIor restriction.
5.4.1.3. If any operalions
are to be uncJertalcen on or about
navigable waters, coverage must be
included for the U.s. Longshoremen and
Harbor Worbrs At;t mdlor Jones At:t if
applicable.
GC-9
5.4.2. Comprehensive General
Liability or Commercial General Liability
Coverage must be afforded on a form no more
restrictive than the latest edition of the
Comprehensive General Liability Policy or
Commercial General Liability filed by the
Insurance Services Office, and must include:
5.4~.1. MinimumLimitsof
total coverage shall be $ 1,000,000.00
per occurrence combined single limit for
Bodily Injury Liability and Propcny
Damage Liability, the basic policy to be
in said form with any excess coverage
(and the cmier) to meet $1,000,000.00
minimum to be acceptable to the Cl1Y.
5.4.2.2. Premises and/or
Operations.
5.4.2.3. Independent
Contractor.
5.4.2.4. Products and/or
Completed Operations.
CONI'RACfOR shall maintain in force
until at least three (3) years after
completion of all services required
under the Con~ coverage for
products and completed operations.
including Broad Form Property Damage.
5.4.2.5. XCU Coverages.
5.4.2.6. Broad Form
Property Damage including Completing
Operations.
5.4.2.7. ,Broad Form
Contractual Coverage applicable to this
specific ContraCt, including any hold
harmless and/or indemnification
agreement.
5.4.2.8. Personal InjUI)'
coverage with employees and
contraCtUal exclusions removed.
5.4.2.9. Additional Insured.
Tho CITY is to be specifically included
as an additional insured (including
products).
5.4.2.10. Notice of
Cancellation and/or Restriction. The
policy must be endorsed to provide the
City with thirty (30) days' written notice
of cancellation and/or restriction.
5.4.2.11. The
CONTRACI'OR shall either require
eacb subcontractor to procure and
maintain, during. the life of the
subcoD1ract, insurance of the type and in
the same amounts specified herein or
insure the activities of subcontractors in
his own insurance policy.
5.4.3. Business A~to Policy.
Coverage must be afforded on a form no more
restrictive than the latest edition of the Business
Auto Policy filed by the Insurance Service
Office and must include:
5.4.3.1. Minimum limit of
$1,000,000.00 per occunence combined
single limit for Bodily Injury Liability
and Property Damage Liability.
5.4.3.2. Owned Vehicles.
5.4.3.3. Hired and Non-
Owned Vehicles
5.4.3.4. Employee Non-
Ownership
5.4.3.5. Notice of
Cancellation and/or Restriction. Tbe
policy must be endorsed to provide the
City with thirty (30) days' written notice
of cancellation and/or restriction.
5.4.4. All Risk Property IDsurance -
When Applicable. Coverage must include real
and personal property and in an amOunt equal to
the replacement cost of aD real and personal
property of the ClTY'S for which the
CONTRAcroR is responsible and over which
be exercises controL Builders Risk insurance
must be provided to cover Property under
construction and an lDstalIaIion Floater must
cover all machinery, vessels, air conditioners or
electric generators to be installed. This
insurance shall include a waiver of subrogation
as to the ENGINEER, the CITY, the
CONTRACl'OR, and their respective officers,
agents, employees, and subcontractors.
GC-IO
5.4.4.1. Coverage to be
provided on a full replacement cost
basis.
5.4.4.2. Losses in excess of
len thousand dollars ($10,000) shall be
jointly payable to the CONTRACI'OR
and the CITY.
5.4.4.3. Waiver of
occupancy clause or wmanty. Policy
must be specifically' endorsed to
eliminate any "Occupancy Clause" or
similar warranty or representation that
the building(s), addition(s) or
structure(s) will not be occupied by the
CITY.
5.4.4.4. Maximum
Deductible - $5,000 each claim.
5.4.4.5. Copy of Policy. A
certified copy of the policy must be
provided to the CITY prior to the
commeDcement of work.
5.4.4.6. Named Insured.
The CITY must be included as a named
insured.
5.4.4.7. Notice of
Cancellation anc1Jor ,Restriction. The
policy must be endorsed to provide the
City with thirty (30) days written notice
of cancellation and/or restriCtiOD.
5.4.4.8. Flood Insurance.
When the buildings or structures are
located within an identified special flood
. hazard area. flood iDsuraDce protecting
the interest of the CONTRACTOR and
the CITY must be afforded for the lesser
of the total insurable value of such
buildings or struetures, or, the maximum
amount of flood insurance coverage
available under the National Flood
Program.
5.4.5. A Best Rating of no less than
A - VDI is required for any carriers providing
coverage required under the terms of this
Contract. Failure to comply with the insurance
requirements as herein provided sball constiDlte
default of this Agreement. ., Neither
CONTRACI'OR or any subcontractor shall
commence work under the ContraCt until they
have all insurance required under this Section
and have supplied the CITY with evidence of
such coverage in the form of certified copies of
policies (where required) and certificates of
insurance. and sucl1 policies and certificates have
been approved by the CITY. CONTRAcrOR
shali be responsible for and sball obtain and file
insurance certificates on behalf of its
,subcontraCtors. All certified copies of policies
and certificates of insurance shall be filed with
the CITY.
ARTICLE 6
RESPONSmlLITIES
CONTRACTOR'S
SUPERVISION AND SUPERINTENDENCE:
6.1. The CONTRAcrOR has the obligation
to deliver to the CITY the completed job in a good and
worbnllnlike condition. CONTRAcrOR shall
supervise and direct the Work completely and
efficiendy, elevoting such attention thereto and applying
such skills and expertise as may be necessaJ)' to
perform the Work in accordance with the Contract
Documents. CONTRAcrOR shall be solely
responsible for the meaDS. methods. techniques,
sequences and procedures of construction, but
CONTRAcrOR shall not be responsible for the
negligence of others in the design or selection of a
specific means, method, technique. sequence or
procedure of constrUCtion which is required by the
Contract Documents. CONTRACfOR sball be
responsible to see that the finished Wark complies
accurately with the Contract Documents. The
CONTRACfOR sball bear all losses resulting on
account of the weather, fire, the elements, or other
causes of every kind or nature prior to Fmal
Acceptance. The supervision of the execuDOD of this
contract is vested wholly in the CONTRACI'OR.
6.2. The superintendent will be
CONTRACfOR'S representative at the site and sball
have authority to act on bebaJf of CONTRACfOR. All
communicatioDS given to the superintendent shall be as
binding as if given to CONTRAcrOR.
by the Contract Documents. CONTRACTOR shall at
all times maintain good discipline and order at the site.
Except in connection with the safety or protection of
persons or the Work or property at the site or adjacent
thereto. and except as otherwise. inencated in . the
Contract Documents, all Work at .the site shall be
performed during regular working hours. and
CONTRAcrOR will not permit overtime work or the
performance of Work on Saturday, Sunday or any legal
holiday without the crrY'S written consent (which
shall not be unreasonably withheld) given after prior
written notice to ENGINEER. The CON"rRAcrOR is
hereby informed, and understands that unless otherwise
approved by the City, the City restricts the work
between the houtS of 5:00 p.m. and 8:00 a.m., unless
emergency conditions exist that ~ endangering life or
property as may be determined by the CITY. If the
CONTRACI'OR is authorized to operate equipment
twenty-four (24) hours per day, the engines shall be
provided with residential type silencers approved by the
CITY.
6.3.1 The CONTRACfOR shall
receive no additional compensation for overtime
work. However, additional compensation will
be paid to the CONTRACfOR for overtime
wotk only in the event extra work is ordered by
the ENGINEER and the change order
specifically authorizes the use of overtime work
and then only to such' extent as overtime wages
are regularly being paid by the CONTRACI'OR
for overtime work of a similar natuJ:e in the same
locality.
6.3.2 All costs of inspection and
testing performed by the CITY during overtime
work by the CONI'RAcroR which.is allowed
solely for the convenience of the
CONTRACfOR shall be bome by the
CONTRACfOR. The CITY shall have the
authority to deduct the cost of all such inspection
and testing from any partial payments otherwise
due to the CONTRACI'OR. For an work
performed on holidays and weekends a fee of
S2S0 per clay will be charged to the
CONTRAcrOR, to cover the cost of Largo
Engineering InspectorS. Notice must . be
submitted at least two whole working days prior
to subsequent holidayand/or weekend.
LABOR, MATERIALS AND EQUIPMENT;
HOURS OF WORK: 6.4. Unless otherwise specified in the
General Requirements, CONTRAcrOR shall furnish
6.3. CONTRACI'OR shall provide and assume full responsibility for all materials,
competent, suitably qualified personnel to survey and . equipment, labor, tranSportation, construction
layout the Wark and perform cODSttUCtion as required equipment and machiDeIY. toOls, appliances. fuel,
GC-ll
power, light, heat, telephone, water, sanitary facilities,
temporary facilities and all other. facilities and
incidentals necessary for the furnishing, performance,
testing, start-up and final completion of the work.
6.5. All materials and equipment shall be of
good quality and new, except as otherwise provided in
the Contract Documents. If required by ENGINEER.
CONTRACfOR shall fumishsatisfactory evidence
(including reports of required teSts). as to the kind and
quality of materials and equipment. All materials and
equipment shall be applied, installed, connected,
erected, used, cleaned. and conditioDeQ in accordance
with the instructions of the applicable Supplier except
as otherwise provided in the Contract Documents; but
no provision of any such instructions will be effective
to assign to the CITY, ENGINEER, or any of the
CITY'S or ENGINEER'S consultants, agents or
employees, any duty or authority to supervise or direct
the furnishing or performance of the Work or any duty
or authority to undertake responsibility contrary to the
provisions of paragraph 9.15 or 9.16.
ADJUSTING PROGRESS SCHEDULE:
6.6. CONTRACfOR . shall submit to
ENGINEER for review and comment (to the extent
indicated in paragraph 2.9) adjustmeDts in the progress
schedule to retlect the impact thereon of new
developments; these will conform generally to the
progress schedule then in effect and additionally will
comply With any provisions of the General
Requirements applicable thereto.
SUBSTlTUTFS OR "OR-EQUAL" ITEMS:
6.7.1. The technical specifications
shall govem the use of substitute or "or-equal"
items. The procedure for review by ENGINEER
will include the following as suppleiDeDred in the
technical specifiCations. Requests for review of
substitute items of DWerial BDd equipment will
not be accepted by ENGlNEER from anyone
other than CONTRACI'OR. IfCONTRACfOR
wishes to fumish or use a substitute item of
material or equipment, CONTRACfOR sball
mab written application to ENGINEER. for
acceptance thereof. certifying that the proposed
substitute will perform equally or better the
functions IIDCl achieve the results called for by
the general design. be similar and of equal
substance to that specified and be suited to the
same use as that speci1ied. The application will
state that the evaluation and acceptance of the
proposed substitute will not prejudice
GC-12
,CONTRACfOR'S achievement of Substantial
Completion on time, whether or not acceptance
of the substimte for use in the Work will require
a change in any of the Contract Documents (or in
the provisions of any other direct conlraCt with
the CITY for work on the Project) to adapt the
design 10 the proposed substitute and Whether or
not inCOIporatio~ or use of the substimte in
connection with the Work is subject to payment
of any license fee or royaltY. Ail variatious of
the proposed substitute from that specified will
be identified in the application and available
maintenance, repair and replacement service will
be indicated. The application will also contain
an itemized estimate of all costs that will result
directly or indirectly from acc:;eptance of such
substitute, including costs of redesign and claims
of other contraCtors affected by the resulting
change. all of which shall be considered by
ENGINEER in evaluating the proposed
substitute. ENGINEER may require
CONTRAcroR to furnish at CONI'RAcrOR'S
expense additional data about the proposed
substitute.
6.7.2. If a specific means, method,
technique, sequence or procedure of construction.
is indicated in or required by the Contract
Documents, CONTRAcrOR may furnish or
utilize a substitute meaDS, method, sequence,
technique or procedure of construction
acceptable to ENGINEER. if CONTRACfOR
submits sufficient information .10 allow
ENGINEER to determine that the substitute
proposed is equivalent to that indicated or
required by the Contract Documents. The
procedure for review by ENGINEER will be
similar to that provided in paragraph 6.7.1 as
applied by ENGINEER. and as may be
supplemented in the Technical Specifications.
6.7.3. ENGINEER will be allowed a
reasonable time within which to evaluate each
. proposed substitute. ENGINEER will be the
sole judge of acceptability, and no substitute will
be ordered, installed or utilized without
ENGINEER'S prior written acceptance which
will be evidenced by either a Change Order or an
approved Shop Drawing. The CITY may
require the CONlRACfOR to fUrnish at
CONTRACIOR'S expense a special
perfor.mance . guarantee or other surety with
respect to any substitl1te.
CONCERNING SUBCONTRACTORS,
SUPPLIERS AND OTHERS:
6.8.1. CONTRAcrOR shall not
employ any Subcontractor. Supplier or other
person or organization (including tho~
acceptable tathe OTY and the ENGINEER as
indicated in paragraph 6.8.2). whether initiaDy or
as a substitute, against whom the CITY or the
ENGINEER may have reasonable objection.
CONTRACTOR shall not be required to employ
any Subcontractor, Supplier or other person or
organization to furnish or perf~rm any of the
Work against whom CONTRACTOR bas
reasonable objection.
6.8.2. If the Technical Specifications
or Contract Documents require the identity of
..certain Subcontractors. Suppliers or other
persons or organizations (including those who
are to furnish the principal items ofmtltP!riaJs and
equipment) shall be submitted to the CITY for
acceptance by the CITY and ENGlNEER. and if
CONTRACI'OR bas submitted a list thereof. the .
CITY or ENGINEER'S acceptance (either in
writing or by failing to make written objection
thereto by the date indicated for acceptance or
objection in the bidding documents or the
Contract Documents) of any such Subcontractor.
Supplier or other persoD or .orJPIm7.ation so
identified may be revoked on the basis of
reasonable objection after due investigation. in
which case CONTRACI'OR shall submit an
acceptable substitute. If after bid opelli;ng and
prior to the award of the contract, the CITY
objects to certain suppliers or subcontractors. die
CITY may permit CONTRACI'OR to submit an
acceptable substitute so long as them is no
change in the contract price or contract time. If
the contract price or contract time is increased.
the CITY may return the bid bond and award the
contract 10 the next qm,Ufied, competent bidder.
If after the award of the contraCt, the CITY
objects to certain suppliers or subcontractors, the
CITY sball permit CONTRAcroR to make an
appropriate and acceptable substitution which is
also acceptable to the CITY. No. acceptance by
the CITY or the ENGINEER of any such
Subconttactor. supplier or other person or
organization shall constitute a waiver of any
right of the CITY or ENGINEER to reject
defective Woxk.
and omissions of the Subcontractors, Suppliers and
other peaons and organizations performing or
fumishing any of the Work under a direct or indirect
contract with CONTRACl'ORjust as CONTRAcrOR
is responsible for CONTRACI'OR: 'S own acts and
omissions. Nothing in the Contract Documents shall
create any contractual maDonship between the CITY or
the ENGINEER and any such Subcontractor. Supplier
or other person or organization, nor shall it create any
obligation on the part of the CITY or ENGINEER to
payor to see to the payment of any moneys due any
such Subcontractor. Supplier or other person or
organization except as may otherwise be required by
Laws and Regulations.
6.10. The divisions and sections of the
Technical Specifications and the identifications of any .
Drawings shall not control CONTRACI'OR in dividing
the Work among Subcontractors or Suppliers or
delineating the Work to be performed by any specific
trade.
6.11. All Work performed for
CONTRAcrOR by a Subcontractor will be pursuant to
an appropriate agreement between CONTRAcrOR and
the Subcontractor which specifically binds the
Subcontractor to the applicable terms and conditions of
the Contract Documents for the benefit of the CITY and
the ENGINEER.
PATENT FEES AND ROYALTIES:
6.12. CONTRACI'OR shal1 pay all license
fees and royalties and assume all costs incident to the
use in the perfonnance of Work or the incorporation in
the Work of any invention. design, process. product or
device which is the subject of patent rights' or
copyrights held by others. If a particular invention,
design, process, product or device is specified in the
Contract Documents for use in the performance of the
Work and if to the actual knowledge of the CITY or
ENGINEER its use is subject to patent rights or
copyrights calling for the p8}'Ulent of any license fee or
royalty.to other, the existence of such rights shall be
disclosed by the OTY in the Contract Documents.
CONTRAcrOR shall indeinnify, defend and hold
harmless the crrY and anyone directly or indirectly
. employed by the CITY from and against all claims,
damages, losses and expenses (mcluding attorney'! fees
and court costs) arising out of any claims of an
infringement of patent rights. copyrights, trade marks
trade secrets or proprietary information incident to the
use in the performance of the Work or resulting from
6.9. CONTRAcrOR shall be tully the incorporation in the Work of any invention, design,
responsible to the CITY and ENGn-mER for all acts process, product or device not specified in the Contract
GC-13
Documents, and shall defend all such claims .in
connection with any alleged infringement of such rights.
This indemnificalion provision sba1l survive the
termination of this ap-eemenL
PERMITS:
6.13. CONTRACTOR shall obtain and pay for
all constrUction permits and licenses. ne CITY shall
assist CONTRACfOR, when necessary, in obtaining
such permits and licenses. CONTRACTOR shall pay
all governJJJenw charges and inspection fees necessary
for prosecution of the Work, which are ~licable at the
time of opening of Bids. There will be no cost for
permits issued by the crrY. CONTRAcroR sbaJl pay
all charges ofll1ility for connections to the Work, and
the CITY sbaIl pay aD charges of such utility owners for
capital costs related thereto such as plant investment
fees.
LAWS AND REGULATIONS:
6.14.1. CON1'RACI'ORsballgiveaU
notices and comply with all laws, ordinances,
rules and regulations applicable to furnishing
and performance 9f the Work. Except where
.otherwise expressly required by app1icable laws,
ordinances, . rules and .regulations, neither the
CITY nor the ENGINEER sbaIl be responsible
for monitoring CONTRACTOR'S compliance
with any Laws, ordinances. rules or regn1S1hoos.
6.14.2. If CONTRACl'OR observes
that the Specifications or Drawings are at
variance with any laws, ordinances. rules or
reguladoDS. CONTRACTOR shall give CITY
and ENGINEER prompt. written notice tbereot:
and any necessary changes wiD'be ~vthnri7'J!d by
one of the methods indicarccl in Paragraph 3.4.
If CONTRACTOR performs any Work
knowing or having reason. to know that it is
contrary to such laws, ordinances. rules or .
regulatioas. and without such notice to the CIIY
and ENGoomR, CONTRACl'OR sball bear aD
costs arising therefrom; however, it shall not be
CONTRAeroR'S primary responsibility to
make certain that the. Specificalions and
Drawings are in accordance With such laws,
ordinances, rules and regulal;ions.
ordinances and regulations of the place of the Project
which are applicable during the performance of the
Work.
USE OF PREMISES:
6.16. CONTRACTOR shall confine
CODStl'UCtion equipment. the storage of materials and
equipment and the operations of workers to the project
site and land and areas identified in and permitted by
the Contract Documents and other land and areas
penniued by laWS. ordinances, and regUlations. rights-
of-way, pennits and easements, and shall not reasonably
encumber the premises with construction equipment or
other materials or equipment CONTRACfOR shall
assume full responsibility for any damage to any such
land or area, or to the owner or occupant thereof or of
any land or areas contiguous thereto. resulting from the
performance oftbe Work. ShoUld any claim be made
against the CITY or ENGlNEER by any such owner or
occupant because of the performance of the Work,
CONTRACTOR shall prompdy attempt to settle with
such other party by apeement or otherwise resolve the
claim. CONTRACTOR shaU. to the, fullest extent
permitted by laws and regulations, indemnify. defend
and bold the CITY and ENGINEER harmless from and
against all claims, damages. losses and, expenses
(including. but not limited to, fees of engineers.
architects. attorneys and other professionals and court
costs) arising directly, indiJect1y or consequentially out
of any action, legal or equitable. brought by any such
other party against the CITY or ENGINEER to the
extent based on a claim arising out of
CONTRACTOR'S performance of the Work. This
indemnification provision sba1l survive the tennination
of this agreement
6.17. During the progress of the Work,
CONTRACTOR sba1l keep the premises free from
accum1l111t;oDS of waste materials. rubbish and other
debris resulting from the Work. At the completion of
the Wort. CONTRACTOR sball remove all waste
materials, rubbish and debris from and about the
premises as well as all toOls, appliances, construction
equipment and machinery. and smplus materials. and
sballleave the site clean and ready for occupancy by the
CITY.. CONTRACI'OR shall restore to original
condition all property not desipated for alteration by
the Contract Documents.
6.18. CONTRACI'OR shall not load nor
permit any part of uy strUCtUl'e to be loaded in any
manner that will endanger the structure. nor shall
CONTRACTOR subject any part of the Work or
adjacent property to stresses or presSures that will
endanger iL
RECORD DOCUMENTS:
6.19. CONTRAcrOR shall maintain in
accordance with the Technical Specifications in a safe
place at the site one record copy of all Drawings,
Specifications, Addenda. Written Amendments, Change
Orders, Work Directive Changes. Field Orders, and
written interpretations and clarificatioDS (issued
pursuant to paragraph 9.4) in good order and aJlDotated
to show all changes made during construction. The
record documents together with aU approved samples
and a counterpart of all approved Shop Drawings will
be available to the ENGINEER for reference. Upon
completion of the Work. these record documents,
samples, and Shop Drawings will be delivered to
ENGINEER for the CITY.
SAFETY AND PROTECTION:
6.20. CONTRACTOR shall be responsible for
initiating, mmntaining and supervising all safety
precautions 'and programs in connection with the W~
CONTRACTOR shall take all necessary precautions
for the safety of.. and sbaI1 provide the necessary
proteCtion to prevent damage. injury or loss to:
6.20.1. all employees on the Work
and o~ persons and 0lJ'lni7.ations who may be
affected thereby;
6.20.2. all the Work and materials and
equipment to be incorporated therein, whether in
storage on or off the site; and
6.20.3. other property at the site or
adjacent thereto, including trees, shrubs. lawns,
walks, pavements, roadways. structures, utilities
and Underground Facilities not designated for
removal, relocation or replat:ement in the come
of construction. CONTRACI'OR shall comply
with all applicable laws. ordiftll~S, roles and
regulations . of my public body having
jurisdiction for the .safety of pezsoDS. 01' property
or to protect diem from dmmlp. injmj or loss on
or off the Work and shaD erect and maintain all
necessary safeguards for such safety and
protection. CONTRACTOR sball notify 0WDerS
of adjacent property and of Underground
Facili1ies md utiIiIy owners when prosecudon of
the Work may affect them, and sbaIl cooperate.
with them in the protection, removal, relocation
and replacement of their property. All damage,
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injury or loss to any property referred to in
paragraph 6.20.2 or 6.20.3 caused, directly or
indirectly, ill whole or in part, by
CONTRACTOR. any Subcontractor. Supplier or
any other person or organization directly or
indirectly employed by any of them to perform
or furnish any of the Work for anyone for whose
acts any of them may be liable. shall be
remedied by CONTRAcrOR (except damage or
loss atttibutable to the fault of Drawings or
Specifications or to the acts or omissioDS of the
CITY or the ENGINEER or anyone employed
by either of them or anyone for whose acts either
of them may be liable, and not attributable,
directly or indirectly, in whole or in part, to the
fault or negligence of CONTRACTOR)..
CONI'RAcroR'S duties and responsibilities for
the safety and protection of the Work shall
continue until such time as all the Work is
completed and ENGINEER has issued a notice
to the CITY and CONTRACIOR in accordance
withpazasraph 14.13 that the Work is acceptable
(except as otherwise expressly provided 'in
connection with Substantial Completion).
The safety provisions of applicable laws and
building md construction codes sball be
observed and the Contractor shall take or cause
to be tabn such additional safety and health
measures as tho Local Public Agency, involved
may detelmine to be reasonably necessary.
Machinery, equipment and all hazards shall be
. guarded in accordance With the safety provisions
of the "Manual of Accident Prevention in
Construction" as published by the Associated
General Contractors of America, Inc., to the
extent that such provisions are not ill conflict
with applicable laws.
The ContraCtOr shall maintain an accurate record
of all cases of death, occupatioual disease, or
injury requiring medical attention or causing loss
of time from work. arising out of an and in the
course of employment OD Work under the
Contract. The Conlractor shall promptly furnish
the Local Public AgeDt:'f with reports concenUng
these matters.
6.21. CONTRACTOR shall designate a
responsible representative at the site whose duty shall
be the prevention of accidents. 'Ibis person shall be
CONTRACTOR'S superintendent unless otherwise
designated in writing by CONTRACI'OR to the CITY.
EMERGENCIES AND PRECAUTIONS DURING
ADVERSE WEATHER:
6.22.1. In emergencies affecting the
safety or protection of persons or the Work or
property at the site or adjacent thereto.
CONTRACTOR. without special instruction or
autJiorization from ENGINEER or the CITY. is
obligated to act to prevent threatened damage,
injury or loss. CONI"RACfOR shall give
ENGINEER prompt written notice if
CONTRACTOR believes that any significant
changes in the Work or variations from the
Contract Documents have been caused thereby.
If ENGINEER determines that a change in the
Contract Documents is required because of the
action taken in response to'an emergency, a
Work Directive Change Order or Change Order
will be issued to document the consequences of
the changes or variations.
6.22.2. During adverse weather. and
against the possibility thereof. the
CONTRACI'OR shaD take. all necessary
precautions to ensure thai the Wark shall be
done in a good and woJTm8111i1re condition and
is satisfactory in ~ respects.. yYben' required,
protection shall be provided by the use of
tarpaulins. wood and building paper shelters. or
other acceptable means. Tbe CONTRACI'OR
shall be responsible for all changes caused by
adverse weather. including unusually high winds
and water levels and be. shall tak8 such
precautions and procure such additional
insurance as he deems prudent. The
ENGINEER may suspend CODStlUCtiOD
operations at any time wbeD. in his .P~ the
conditions are unsuitable or the proper
precautions are not being taken. wbatever tho
weather or water level c~nditions may be. in any
seasOIL
ENGINEER. may require. The data shown on the Shop
Drawings will be complete with respect to quantities,
dimensions, specified perfomJaDCe and design criteria,
materials and similar data to enable ENGINEER to
review the information as required.
6.24. CONTRACTOR shall also submit to
ENGINEER for review and approval with such
promptness as to cause no delay in W orle, all samples
required by the ContraCt Documents. All samples will
have been checked by and accompanied by a specific
written indication that CONTRAC'fOR has satisfied
CONTRACI'OR'S responsibilities under the Contract
.Documents with respect to the review of the submission
and will be identified clearly as to material, Supplier,
pertinent data such as catalog numbers and the use for
which intended.
6.25.1. Before submission of each
Shop Drawing or sample CONI'RAcrOR shall
have determined and verified all quantities,
dimensioDS, specified performance criteria,
installation requirements, materials, catalog
numbers and similar data with respect thereto
and mviewed or coordinared each Shop Drawing
or sample with other Shop Drawings and
samples and with the requirements of the. Work
and the Conttact Documents.
6.25.2. At the time of each
submission, CONTRAC'fOR shall give
ENGlNEER specific written notice of each
variation that the Shop Drawings or samples may
have from the requirements of the Contract
Documents, and, in addition shall cause a
specific notation to be made on each Shop
Drawing submitted to ENGINEER for review of
each such variation.
6.26. ENGINEER will review within ten days
of receipt thereof. Shop Drawings. and samples but
ENGINEER. 'S review will be only for conformance
with the design concept of the Project and for
compliance with the information given in the Contract
6.23. After checlcing and veri:fyins all field Documents and shall not extend to means, methods,
measurements and after complying with applicable techniques, sequences or procedures of COnsttuctiOD
procedures specified in the General Requirements, (except where a specific means. method, technique,
CONTRAcroR shan submit to ENGINEER for sequence or procedure of consuuction is indicated in or
review in accordance with the accepted schedule of required by the Contract Documents) or to. safety
Shop Drawing submissions. (see paragraph 2.9), precautions or programs incident thereto. Tbe review
ordinances, rules and all Shop Drawings which. will of a separate item &I sueh wiD not indicate review of the
bear the stamp 1bar. CONTRAcrORhas satisfied assembly in which the item functions. CONTRACTOR-
CONrRACl'OR'S responsibilities under the Contract sball make coriectioDS r:equired by ENGnffiER, and
Do~nts with respect to the review of the sball retDm the required number of corrected copies of
submission. All submissions will be identified as .Shop Drawings and submit ~ required new samples for
GC-16
. SHOP DRAWINGS AND SAMPLFS:
review. CONTRACTOR sba1l direct specific aaentiOD
in writing to revisioas other than tho corroctioDS called
for by EN<mmER OD previous submittals.
ENGINEER will review one (1) resubmittal for each"
shop drawing or product data. AIl costs of reviewing
additional submittals shall be at the CONTRACfOR'S
expense.
.' .
6.27. ENGINEER'S review of Shop Drawings
or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements
of the Contract Documents unless CONTRACl'OR has
in writing called ENGINEER'S attention to each such
variation at the time of submission as required by
paragraph 6.25.2 and ENGINEER bas ,given wrinen
, approval of each such variation by a specific wrinen
notation thereof incorporated in or accompanying the
Shop Drawing or sample approval; nor will any review
by. ENGINEER relieve CONTRACTOR from
responsibility for mon or omissions in the Shop
Drawings or from responsibility for having complied
with the provisioDS of paragraph 6.25.1.
6.28. Where a Shop Drawing or sample is
required by the Specifications, any related Worlc
pedon:ned prior to ENGINEER'S review and
acceptance of the pertinent submissioD will be the sole
expense and responsibility of CONTRACTOR.
CONTlNUING THE WORK:
6.29. CONTRACTOR shall cany on the Work
and adhere to the progress schedule during all disputes
or disagreements with the CITY. No Work shall be
delayed or postponed. pending resolution of any "
disputes or disagreements, except as permiued" by
paragraph 15.5 or as CONTRACI'OR and die Cl'l'Y
may otherwise agree in writing.
INDEMNIFICATION:
6.30. The parties recognize that the
Contractor is an independlj:Dt contractor. The
Contractor agrees to assume liability for and iDdl!!nn1ty,
hold harmless, and defend the City, its commissioners,
mayor, officers, employees, agents, and anomeys of,
from. and against all liability and expense. including
reasonable aitomey's fees, in connection with any and
all claims. cJl!mllMs, dimages. actiom. causes of action.
and suilS in equity of whatever kiDd or JJ8Iare,. including
claims for personal injury, property damage. equitable
relief, or loss of use.. to the extent caused by the
negligence, recklessness. or intentionally wrong:fi1l
conduct of the Conttactor,' its agents. officers.
contractors, subconttactors, employees. or anyone else
GC-17
utilized by the ContractOr in the performance of this
Agreement. The ContraCtor's liability hereunder shall
include all attomey's fees and costsincumd by the City
in the emorcement of this indemnification provision.
This includes claims made by the employees of the
Contractor against the City and the Contractor hereby
waives its entidement, if any, to immunity under
Section 440.11, Florida Statutes. Such obligations
contained in this provision shall survive termination of
this Agreement'and sba1l not be limited by the amount
of any insurance required to be obtained or mainrained
under this Agreement.
Subject to the limitations set forth in this Section,
Contractor shall assume control of the defense of any
claim asserted by a third party against the City and, in
connection with such defense, shall appoint lead
counsel. in each case at the Contractor's expense. The
City shall have the right, at its option, to participate in
the defeuse of any third party claim, ~thout relieving
Contracmm~ofits~~oDSh~~~ff~
Contractor assumes control of the defense of any third
party claim in accordance with this paragraph, the
Contractor shall obtain the prior written consent of the
City before entering into any settlement of such claim.
Notwithstanding anything to the contrary in this
Section, the Contractor sha1l not assume or maintain
control of the defense of any third party claim. but shall
pay the fees of counsel retained by the City and all
expenses. including experts' fees, if (i) an adverse
determination with respect to the third party claim
would, in the good faith judgment of the City, be
detrimental in any material respect to the City's
reputation; (d) the third party claim seeks an injunction
or equitable relief against the City; or (Ui) the
Contractor has failed or is failing to prosecute or defend
vigorously the thUd party claim. Each party shall
cooperate, and cause its agents to cooperate, in the
defense or prosecution of any third PartY claim and
shall furnish or cause to be furnished such records and
infonnation, and attend such conferences, discovery
proceedings, hearings, trials, or appeals, as may be
reasonably requested in connection therewith. It is
further the specific intent and agreement of said parties
that all the Contract DocumenIS on this Project are
hereby amended. to include the foregoing
indf!lmrificatiOD. CONTRAcroR expressly agrees that
if will not claim. and waives any claim, that this article
violates Section 725.06, Florida Statutes or are
unenforceable pursuant to Section 725.06, Florida.
Statutes.
ARTICLE 7 . OTHER WORK
RELATED WORK AT SITE:
7.1. The CITY may perform other work
related to the Project at the site by the CITY'S own"
forces, let other direct contraCts therefor which sbal1
contain General Conditions similar to these. If the fact
that such other work is to be peri'oaned was not noted
in the ContraCt Documents. written notice thereof will
be given to CONTRACl'OR prior to starting any such
other work; and, if CONTRACl'OR believes that such
perfonnance will involve additional time and the parties
are unable to agree as to the extent thereof,
CONTRACl'OR may make a claim therefor as
provided in Articles 11 and 12. If the perfcmnance.of
additional Work by other Contractor or the CITY is
noted in the ContraCt Documents. no additional
adjus~nt of time or compensation shall be
considered.
7.2. CONI'RACl'OR shall afford each Utility
owner and other contractors who 1m' a party to such a
direct contract (or the CITY, if the CITY is perfomdng
the additional work with the ClTY'S employees) proper
and safe ac.cess to the site and a reasonable oppOrtunity
for the introduction and storage of materials and
equipment and the execution of such work, and shall
properly connect and coordinate the work with them.
CONTRACTOR shall do all cutting, fitting aDd
patching of the Work that may be requirec!' to make its
several parts come together properly and integrate wilh
such other work. CONTRAcrOR shaD not endanger
any work of others by cuttins, excavating or otherwise
altering their work and will ODly cut or alter their work
with the written consent of the CITY and ENGINEER
and the others whose work will be affected. The duties
and responsibilities of CONTRACTOR under this
paragraph are for the benefit of the CITY and other
contractors to the extent that there are comparable
provisions for the benefit of CONTRACTOR in said
direct contracts betweeD the CITY and other
contractors.
7.3. If any part ofCONTRACI'OR'S Work
depends for proper execution or results upon the work
of any such other contractor (or the ClTY).
CONTRACI'OR shaD inspect and prompdy report to
ENGINEER in writing any delays. defects or defi-
ciencies in such other work that render it unavailable or
unsuitable for such proper execution and results of
CONTRAcroR'S work. CONTRAcroR'S failure to
report will constiture an acceptall!= of the 0Iber work as
fit and proper for integration with CONTRACl'OR'S
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Work except for latent defects and deficiencies in the
other work.
COORDINATION:
7.4. If the CITY contracts with others for the
perl'ormance of other work on the Project at the site, the
person or organization who will have authority and
responsibility for coordination of the activities among
the various prime contractors will be identified in the
Technical Specifications and the specific matters to be
covered by such authority and responsibility will be
itemized. and the extent of such authority and
responsibilities will be provided in the Technical
Specifications. Unless otherwise. provided in the
Technical Specifications. neither the CITY nor the
ENGINEER shall have any authority or responsibility
in respect of such coordination.
ARTICLE 8 . THE ClTY'S RESPONSmIL1TIES
8.1. Tbe an shall issue all
communications to CONTRACl'OR through
ENGINEER.
8.2. In case of termination of the employment
of ENGlNEER;, the CITY shall appoint a consultant
whose status UDder the.'.ConttaCt Documents shall be
that of the former ENGINEER.
8.3. The CITY shall furnish the data required
of the CITY under the Contract Documents promptly
and sba1l make payments to CONTRACl'OR promptly
after they are due as provided in paragraphs 14.4 and
14.13.
8.4. Tbe CITY'S duties in respect of
providing lands and easements and providing
engineering surveys to establish ~ference points 8Ie set
forth in paragraphs 4.1 and 4.4. Paragraphs 4.2.1 and
4.2.2 mer to the ClTY'S identifying and making
available to CONTRACI'OR copies of all reports of
~xplorations and tests of subsurface conditions at the
site and in existing strUCtuxeS which have been utilized
by ENGINEER. in preparing the Drawings and
Specifications.
8.5. 'The crrY is obligated to execute
Change Orders as indicated in paragraph 10.4. . .
8.6. In connection with the ClTY'S right to
stop Work or suspeD~ Work. see paragraph 13.10 and
15.1. Paragraph 15.2 deals with the CITY'S right to
terminate services of CONTRAcrOR.
ARTICLE'. ENGlNEER'S STATUS DUlUNG
CONSTRUCTION
CITY'S REPRESENTATIVE:
9.1. The ENGINEER will be the CITY'S
representative during the construction period. The
duties and responsibilities and the . ~tatioDS of
authority of ENGINEER and the ClTY'S representative
d1ll'ing construction are set forth in the Contract
Documents and shaIl not be extended without written
consent of the CITY and ENGINEER.
VISITS TO SITE:
9.2. After written notice to proceed with the
work, the ENGINEER shall 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 accordaDce with the Contrar:t
Documents; hewijI not be responsible for the con-
stJUction means, methods, procedures, techniques and
sequences of constrUCtion and he will not be'
responsible for the CONTRAcrOR'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 oflDs
on-site observations, as an experienced and qualified
design professional, he will keep the CITY infcxmed of
the progress of the work, will endeavor to guard the
CITY against defects and deficiencies in the Work of
the Contractor and may reject Work as failing to
conform to the Contract Documents.
PROJEer REPRESENTATION:
. 9.3. A Resident Project Representative may
be assigned to assist ENGINEER in carrying out his
responsibilities to ClTY at the site. Resident Project
Representalive is ENGINEER'S agent at site, will act as
directed by and under the supervision of ENGINEER..
and will confer with ENGINEER regarding Resident
Representative~ actiODS. Resident Project
Represenwive~ dealing in ID&tteD pertaining to the en-
site work sbaI1, in general be with ENGINEER and
CONTRAcrOR keeping the CITY advised as
necessary. Resident Project Represenrative~ dealings
with subcontractors sball oDIy be through or with the
GC-19
Nll knowledge and approval of CONTRACTOR.
Resident Project Representative shall genen11y
communicate with the City with the knowledge of and
under the direction of ENGINEER.
9.3.1. Resident Project
Representative shall where applicable:
9.3.1.1. Review the
progress schedule, schedule of Shop
Drawing submittals and schedule of
values prepared by CONTRACI'OR and
consult with ENGINEER concerning its
'general acceptability.
9.3.1.2. Attend meetings
with CONTRACTOR, such as pre-
construction conferences, progress
meetings, job conferences and other
project-related meetings, and p~pare
and circulate copies of minutes thereof. '
9.3.1.3. Wotkingprincipally
through CONTRACI'OR'S
superintendent, assist ENGINEER in
serving as the ClTY'S liaison with
CONTRACl"OR. when
CONTRACl"OR'S operations affect the
ClTY'S on-site operations.
9.3.1.4. Assist in obtaining
from the Cl1Y additional details or
information, when required for proper
execution of the Work.
9'.3.1.5. 'Record date of
receipt of Shop Drawings and samples.
9.3.1.6. Receive samples
which are furnished at the site by
CONTRACTOR, and notify the
ENGINEER of availability of samples
for eJammation.
9.3.1.7. Advise the
ENGINEER and ,CONTRACI'OR of the
commenc=ment of any Work requiring a
Shop Drawing if the submittal has not
been approv~ by the ENGINEER.
9.3.1.8. Conduct on-site
. . observatioDS of the Work in progress to
assist the ENGINEER in determining if
the Work is. in general, proceeding in
"accordance with the Contract
Documents.
9.3.1.14. Maintainattbejob
site orderly files for correspondence,
repons of job conferences, Shop
Drawings and samples, reproductions of
original Contract Documents including
all Work Directive Changes, Addenda,
Change Orders. Field Orders, additional
DrawiDgs issued subsequent to the
execution of the Contract, ENGINEER'S
clarifications and interpretations of the
Conttact Documents, progress reports,
and other Project related documents.
9.3.1.9. Report to the
ENGINEER whenever Residential
Project Representative believes that any
Work is unsatisfactory, faulty or
defective or does not coliform- to the
ContraCt Documents. or bas been
damaged, or does not meet the
requirements of any inspection. test or
approval required to be made; and
advise the ENGINEER. of Work that
Resident Project Representative believes
should be Wlcovered for observation, or
requires special testing. inspection or
approval. Nothing herein shall relieve
the CONTRACI'OR or the ENGINEER
from the duties imposed by contract.
9.3.1.15. Keep a diary or log
book. recording CONTRACI'OR hours
on the job site, weather conditions, data
relative to questions ofWorlc Directive
O1aDges. Change Orders or changed
conditions, list of job site visitors, daily
activities. decisions, observations in
general, and specific observations in
more detail as in the case of observing
test procedures; and send copies to the
ENGINEER.
9.3.1.10. Verify that tests,
equipment and systems startups, and
operating and maintel'lJUlce traiDing are
conducted in the presence of appropriate
personnel. and that CONTRACI'OR
maintain~ adequate reCords thereof; and
obsCfW. record and report to the
ENGINEER appropriate details relative
to the test procedures and startups
9.3.1.16. Record all names.
addresses and telephone numbers of the
CONTRACI'OR. all subcontractors and
major suppliers of IDaterial and'
equipmenL .
9.3.1.11. Accompanyvisiting
inspectors representing public or other
agencies having jurisdiction over the
Project, record the results of these
inspections and report to the
ENGINEER.
9.3.1.12. Report to
ENGINEER. when clarifications and
inteIpretaUons of the Contract
Documents are needed lIIId transmit to
CONTRACTOR clarifications and
interpretations as issued by the
ENGINEER.
'9.3.1.17. 'Furnisb the
ENGINEER periodic reports as required
of progress of the Work of the
CONTRACTOR'S compliance with the
progress schedule and scbedule of Shop
Drawing and sample submittals.
9.3.1.18. Consult with the
ENGlNEER in advance of schedule
major tests, inspections or start of
important phases of the Work.
9.3.1.19. Dnft proposed
Change Orders and Work Directive
Changes, obtaining backup material
from CONTRAcrOR and recommend
to the ENGINEER. Change. Orders,
Wark Directive Changes. and Field
Orders.
9.3.1.13. Consider and
evaluate CONTRACTOR'S suggestions
for modifications in Drawings or
Specifications and report with'Resident
Project Represerlmtive's
recommendations to the ENGlNEER..
Trausmit to CONTRACfOR decisions
as issued by the EN~
9.3.1.20. Report immediately
to the ENGlNEER and the CITY upon
the occurrence of any accidenL
GC-20
9.3.1.21. Review applications
for payment with CONTRACTOR for
compliaDce with the established
procedure for their submission and
forward with recommendations to the
ENGINEER. noting particularly the
relationship of the payment requested to
the schedule of values, Work completed
and materials and equipment delivered
at the" site but not incorporated in the
Work.
9.3.1.22. During the course
of the work, verify tb8t certificates,
maintenance and operation mann1l1!: and
other data required to be assembled and
furnished by C9NTRAcrOR are
applicable to the items acmally installed
and in accordance with the Contract
Documents, and have this material
delivered to the ENOlNBER. for review
and forwarding to CITY prior to final
payment for the Work.
9.3.1.23. Before the
ENGlNEER issues a Certificate of
Su,b_tial Completion, submit to
CONTRACTOR a list of observed items
requiring completion or comction.
9.3.1.24. Conduct final
inSpection in the company of the
ENGINEER. the CITY and the'
CONTRACTOR and prepare a final list
of items to be completed or c:mrected.
9.3.1.25. Observe that all
items on final list have been completed
or coaected and maD J'CC(.......,!!MlIriOns
to the ENGINEER concerning
acceptance. _
9.3.2. The Resident Project
Representative shall not
9.3.2.1. Authorize any
deviaDon from the Contract Documents
or substitution of marerials or
equipment.
9.3.2.2. ExCeed limilations
of the ENGlNEER. 'S authority as set
forth in the Contract DOcuments.
9.3.2.3. Undertake any of
. the respoasibilities of CONTRACTOR,
subcontractors, or .CONTRACTOR'S
superintendent.
9.3.2.4. Advise on, issue
directions relative to or assume control
over any aspect of the means, methods.
techniques. sequences or procedures of
construction unless such adVice or
directions are specifically required by
the Contract Documents.
9.3.2.5. Advise on, issue
directions regarding or assume control
over safe~ precautions and programs in
connection with the Work.
9.3.2.6. Accept Shop
Drawing or sample submittals from
anyone other than CONTRACfOR.
9.3.2.7. Authorize the City
to occupy the Project in whole or in part
9~3.2.8. Participate in
specialized field or laboratory tests or
inspections conducted by others except
as specifically authoriz~. by the
ENG~. .. .
CLARIFICATIONS AND INTERPRETATIONS:
9.4. The ENGINEER. will issue with
reaSonable promptness such written clarifications or
intelpretations of the requirements of the Contract
Documents (in'the fmm of Drawings or otherwise) as
the ENGlNEER. may determine necessary, which shall
be coasistent with or reasonably inferable from the
overall intent of the Contract Documents. If
CONTRAcroR believes Ihat a written clarification of
interpretation justifies aD increase in the Contract Price
or an extension of the Contract llD10 and the parties are
unable. to agree to the amount or extent thereof,
CONTRACTOR may make. a claim therefor as
provided in Article 11 or Article 12.
AUTHORIZED VARIATIONS OF WORK:
9.5. ENGINEER may authorize minor
variatiODS in the W crk from the requirements of the
Contract Documents which do Dot involve an
adjustment in the Contract Price or the Contract Tune
and am consistent with the overall intent of the Contract
Documents. These may ~ accomplished by a field
GC-21
Order and will be binding on the CITY, and also on
CONTRACTOR who shall perfOlll1 the Work: involved
promptly. If CONTRACI'OR believes that a Field
Order justifies an increase in the ContraCt Price or an
extension of the Contract Tune and the parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a claim therefor as
provided in Article 11 and 12. The ENGlNEER. is not
authorized to waive any requirements of this contract or
to agree to any increase in the contract price or contract
time.
REJECTING DEFECTIVE WORK:
9.6. The ENGINEER will have authority to
disapprove or reject Work which ENGINEER. believes
to be defective or believes to be in nonconformance
with the intent of the contract documents. and wiD also
have authority to require special inspection or testing of
the Work as provided in paragraph 13.9, wbe1her or not
the Work is fabricated, installed or completed.
SHOP DRAWINGS, CHANGE ORDERS AND
PAYMENTS:
. 9.7. In connection with ENGINEER'S
responsibility for Shop Drawings and samples, see
paragraphs 6.23 through 6.28 inclusive.
9.8. In connection with ENGINEER'S
responsibilities as to Change Orders, see Article 10, 11,
and 12.
9.9. In . cOl1JleCtion with ENGINEER'S
responsibilities in respect of Applicalions for PaY.JDeDt,
etc., see Article 14.'
DETERMINATIONS FOR ~PRICES:
9.10. ENGINEER will determine the actual
quantities and classificatioDS' of Unit Price Work '
performed by CONTRACTOR. ENGINEER will
review with CONTRACfOR ENGINEER'S
preliminary determill_rioDS OD such matters before
rendering a written decisiOD thereon (by
recolDJDClldation of an Application for Payment or
otherwise). ENGlNEER.'S written decisioDS thereon
will be final and binding upon tho CITY or
CONTRACTOR unless, within ten days after the date
of any such decision, either the C11Y or
CONTRACTOR deliverS to the other party to the
Agreement and to ENGINEER written notice of
intentioD to appeal from such a. decision.
. DECISIONS ON DISPUTFS:
9.11. The ENGINEER will be the initial
inteIpreter of the requirements of the Contract
Documents and judge of the acceptability of the Work
thereUnder. Claims, disputes and other matters relating
to the acceptability of the Work or the interpretation of
the requirements of the Contract Documents pertaining
to the performance and furnishing of the Work and
claims under Article 11 and 12 in respect of changes in
the Contract Price or ContraCt Time will be referred
initially to ENGINEER in writing with a request for a
formal decision in accordance with this paragraph,
which ENGINEER. will render in writing within a
reasonable time. Written notice of each such claim.
dispute and other matter will be delivered by the
claimant to ENGINEER and the other party to the
Agreement promptly (but in DO event later than ten (10)
days) after the occurrence of the event giving rise
thereto, and written supporting data will be submitted to
ENGINEER and the other party within thirty (30) days
after such occurrence UDless ENGINEER. allows an
additional period of time to ascertain more accurate
data in support of the claim.
9.12. When fUnctioning as interpreter and
judge underparagraphs 9.10 and 9.1 1, ENGINEER will
not show partiality to the CITY or CONTRACTOR.
The reBdering of a d~ion by ENGINEER pursuant to
paragraphs 9.10 and 9.11 with respect to any such,.
claim. dispute or other matter will be a condition
precedent to any exercise by the CITY or the
CONTRAcrOR of such rights or remedies as either
may otherwise have under the Contract Documents or
by Laws or Regulations in respect of any such claim,
dispute or other matter.
LIMITATIONS ON
RESPONSmn.1TJES:
ENGINEER'S
9.13. Neither ENGlNEER.'S authority to act
under this Article 9 or elsewhere in the CODtract
Documents nor any deCisiOD made by ENGINEER
either to exercise or not exercise such authority shall
give rise to any duty or responsibility of ENGINEER or ,
CONTRAcrOR.. any Subcontractor, any Supplier, or
any other person or orplli7.Jrion performing any of the
Work, or to any surety for any of them.
of ENGINEER as to the Wark, it is intendefJ that such
requirement, direction. review or judgment will be
solely to evaluate the Work for compliance with the
ContraCt Documents (unless there is a specific
statement indicating otherwise). The use of any such
term or adjective shall not be effective to assign tQ
ENGINEER. any duty or authority to supervise or direct
the furnishing or perfonnanc:e of the Work or any duty
or authority'to undertake responsibility contrary to the
provisions of paragraph 9.15 or 9.16.
9.15. ENGINEER will not be responsible for
CONTRACfOR'S means, methods, techniques.
sequences or procedures of consttuctiQD, or the safety
precautions and programs incident thereto. and
ENGINEER will not be responsible to CONlRAcroR
for CONTRACl'OR'S failure to perform or furnish the
Work in accordance with the Contract Documents.
,j.16. ENGINEER will not be responsible for
the acts or omissions of CONTRACl'OR or of any
Subcontractor, any Supplier, or of any other person or
organization'performing or furnishing any of the Work.
ARTICLE 10. CHANGES IN THE WORK
10.1. Without invalidating the Agreement and
. without notice to any surety, the crrY may, at any time
or from time to time, order additions. deletions or
revisions in the Work; these will be authorized by a
Written Amendment, a Change Order, or a Work
Directive Change. Upon receipt of any such dOCUJ:Dent,
CONTRACfOR sbaII promptly proceed with the Work
involved which will be performed under the applicable
conditions of the Contract Documents (except is
otherwise specifically provided).
1.0.2. If the CIIY and CONI'RAcroR are
unable to agree as to the exrent, if any, of an iDcrease or
decrease in the ContraCt Price or an extension or
shoitening of the Contract TUIIC that should be allowed
as a result of a Work Directive Chqe, a claim may be
made therefore as provided in Article 11 or Article 12.
10.3. ' CONTRACfOR shall not be entided to
an increase in the Contract Price or an exteDSion of the
Contract TUDe with respect to any Work performed that
is notrequired by the Contract Documents as amended,
modified and supplemented as provided in paragraphs
3.4 and 3.5, except in the case of an emergency as
provided in paragraph 6.22.1 and except in the case of
uncovering Work as provided in paragraph 13.9.
10.4. The CITY and CONTRACI'OR shall
execute appropriate Cbanae Orders (or Written
Amendments) covering:
10.4.1. Changes in the work which arc
ordered by the CITY pursuant to paragraph 10.1,
are required because of acceptance of defective
Worlc under paragraph 13.13 or correcting
defective Work under paragraph 13.14, or are
agreed to by the parties.
10.4.2. Changes in the Contract Price
or Contract Tune which are agreed to by. the
parties;
10.4.3. Changes in the CODttactPrice
or Contract Tune which embody the substance of
any written decision rendeml by ENGINEER
pursuant to paragraph 9.11; prQvided that, in lieu
of executing any such Change Order, an appeal
may be taken from any such decision in
accordance with the provision of the Contract
Documents and applicable Laws and
Regulations, but during any such appeal,
CONTRACI'OR shall carry on the Work and
adhere to the progress schedule as provided in
paragraph 6.29.
10.5. It is distinctly agreed ,and understood
that any changes made in the Contract Documents for
this Work (whether such changes increase or decrease
the amount thereof) or any change in the manner or
time, of payments or limo of performance made by the
CITY to the CONTRAcrOR sball in no way annul,
release or affect the liability and surety on the Bonds
given by the CONTRACTOR. If notice of any change
affecting the general scope of the Work or the
provisions of the ContraCt Documents (including, but
not limited to, ContraCt Price or Contract Time) is
.required by the provisions of any bond to be given to a
surety, the giving of any such notice will be
CONTRACI'OR'S responsibility, and the amount of
each applicable Bond will be adjusted accordingly.
10.6. Notwithstanding, anything to the
contrary contained within the contract documents, all
change orders involving additional cost or extensioDS of
time, shall be govemed by the ordinances oithe City of
. Largo.
GC-23
ARTICLE 11- CHANGE OF CONTRAcr PRICE
11.1. The Conttact Price constitutes the total
compensation (subject to authorized adjustments)
payable to CONTRACTOR for performing the WoIt.
All duties. responsibilities and obligatioDS assigned to
or undc:rtakcn by CONTRAC!OR shall be at his
expense .withol1t change in ~ Contract Price.
11.2. Tbe ContraCt Price may omy be changed
by a Change Order or by a Written Amendment. Any
claim for an increase or decrease in the .contract Price
shall be based on written notice delivered by the party
making the claim to the other party and to ENOINEER.
promptly (but in no event later than ten (10) days) after
the occurrence of the event giving rise to the claim and .
stating the general na1Ure of the. claim. Notice of the
amount of the claim with supporting data shall be .
delivered within thirty (30) days after such occurrence
(unless ENGINEER. allowS an additional period of time
to ascertain more accurate data in support of the claim)
and sball be accompanied by claimant's written
statement that the amount claimed covers all known
amounts (direct, indirect and consequential) to which
the cl~t is entitled as a result of the occurrence of
said. event. All claims for adjustment in the Contract
Price shall be detP.lmille.d by ENGINEER in accordance
with paragraph 9.11 if the CITY and CONTRAC!OR
cannot otherwise agree on the amount involved. No
claim. for an adj~t in the Contract Price will be
. valid if not submitted in accordance with this paragraph
11.2. .
11.3. The value of any Work covered by a
Change Order or of any claim for an increase or
decreise in the ContraCt Price shall be determined in
one of the fonowing ways:
11.3.1. Where the Work involved is
covered by unit prices coDtained in the Contract
Doc~nts, by application of uuit prices to the
quantities of the items involved (subject to the
provisions of paragraphs 11.9.1. through 11.9.3.
inclusive).
11.3.2. By ID1ltWll acceptance of a
lump SlDD (which sba1l include an allowance for
overhead and profit in accordance with
paragraph 11.6.2.1). .
11.3.3~ On the basis of the Cost of the
Work (determined as provided in paragraphs
11.4 and 11.5) plus a CONTRACTOR'S Fee for
OC;:-24
overhead and profit (determined as provided in
paragraphs 11.6 and 11.7).
COST OF THE WORK:
11.4. The term Cost of the Work means the
sum of all costs necessary incurred and paid by
CONTRAC!OR in the proper performance of the
WaIt. Except as otherwise may be agreed to in writing
by the CITY, such costs shall be in amounts no higher
than those prevailing in the locality of the Project, shall
include only the following items and shall not .include
any of the costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in
the diicct employ of ,CONTRACTOR in the
perfonnance of the Work under scbedules of job
classification agreed upon by the CITY and
CONTRACI'OR. Payroll costs for employees
not employed full time on the Work shall be
apportioned on the basis of their time spent on
the Wmk. Payron costs shall include, but not be
limited to, salaries and wages plus the cost of
fringe benefits which shall include social
security conaibutioDs. unemployment, excise
and payroll taxeS, workers' or wor1c:men '5
compensation. health and retirement benefits,
sick leave, vacation and holiday pay applicable
thereto. Such employees shall include
superintendents and foremen at the site. The.
expenses of performing Work after regular
working hours. on Saturday, Sunday or legal
holidays. shall be included in the above to the
extent authorized by the CITY.
11.4.2. Cost of all materials and
equipment furnished and incorporated in the
Wark, includiDg costs of 1raDSp0rtation and
storage thereof, and Suppliers' field services
required in connection therewith. All cash
discounts shall accme to CONTRACI'OR unless
the an deposits funds with CONTRACI'OR
with which to make payments, in which case the
cash discounts shall accrue to the CITY. All
trade discounts, rebates and refunds and all
returns from sale of smplus materials and
equipment shall 'acc:ruc to the CITY, and
CONTRACI'OR shall make provisions so that
they may be obtained.
11".4.3. Payments made by
CONTRACI'OR to the Subcontractors for Work
performed by SubcontraCtOrS. If required by the
CITY, CONTRAcroR shall obtain competitive
bids from SubcontraCtors acceptable to
CONTRACI'OR and sballdeliver such bids to
the CITY who will then determine, with the
advice of the ENGINEER. which bids will be
accepted. . If a subcontraCt provides that the
Subconttactor is to be paid on the basis of Cost
of the Work Plus a Fee, the Subcontractor's Cost
of the Work shall be detmDined in the same
manner as CONTRAcroR'S Cost ofWorlc. AD
subcontracts shall be subject to the other
provisions of the Contract Documents insofar as
applicable.
11.4.4. Costs of spec.al consultants
(including. but not limited to engineers,
architects, testing laboratories, surveyors,
attorneys and accountants) employed for services
specifically related to the Work.
11.4.5. Supplemental costs include
the following:
11.4.5.1. Cost, including
transportation and maintenance, of all
materials. supplies, equipment,
machinery, appliances, office and
temporary facilities at the site ~ tools
Dot owned by the, workers, which are
consumed in the performance of Work,
and cost less market value of such items
used but not consumed which remain the
. property of CONTRAcrOR.
11.4.5.2. Rentals of all
construction equipment and machinery
and the parts thereof whether rented
from CONTRAcrOR or others in
acCordance with rental agreements
approved by the CITY with the advice
of ENGINEER. and tho costs of
tranSpOrtation, loading, unloading.
installation, dianantling and removal
thereof-all in accordance With tenDs of
said rental agreements. The rental of
any such equipment, machinery or parts
shall cease when the use thereof is no
longer necessary for die Work. For
special equipment aDd machinery such
as power driven pumps. conc:retD mixers,
. trucks, front end loadcn, backhoes. and
. tractors, or od1c:r equipment. tcqUi&1:lCl for
the eco~mical perfomllllCO of the
authorized Work, the CON'rRAcrOR
shall receive payment based on the
weekly rate divided by 40 to mive at an
hourly cost. The, weekly rate shall be
GC-2S
from the latest edition of the Rental Rate
blue book for Construction Equipment,
published by Equipment Guide Book
Co., reduced by 2S percent. EquiplXlent
cost shall be calculated based upon the
actual time the equipment is used in the
Work. If said Work required the use of
machinery not on the Work or not to be
used on the Work, the cost of
transportation, Dot exceeding a distance
of one hundred (100) miles, of such
machinery to and from tbe Work shall
be added to the fair rental rate; provided,
however, that this shall not apply to
machinery or equipment already
required to be furnished under the terms
of the Contract.
11.4.5.3. Sales, consumer,
use or similar taxes related to the work
and for which CONTRAcrOR is liable,
imposed by laws and regulations.
11.4.5.4. Royalty payments
and fe~s for permits and licenses.
11.4.5.5. The site costs of
utilities. fuel and sanitaly facilities.
11.4.5.6. Cost of premiums
for additional bonds and insurance
required because of changes in the
Work.
11.5. The term Cost of the Work shall not.
include any of the following:
11.5.1. Payroll costs and other
compensation of CONTRACI'OR'S officers,
,executives, principals (of partnership and sole
proprietorShips), general managers, engineers,
architects, estimators, attorneys, auditors,
accountants, pmchasing and contracting agents,
'expeditors, timebepers. clerks and other
personnel . employed, by CONTRACTOR
whether at the site or in CONTRAcrOR'S
principal or a branch. office for general.
admini!lttation of the Work and not specifically
included in the agreed, upon schedule of job
CJSlni~ODS refend to in paragraph 11.4.1 or
specifically covered by paragraph 11.4.4 - an of
which are to be considered ;Jdministrative costs
covered by the CONTRACI'OR'S Fee.
11.5.2. Expenses of
CONTRACTOR'S priDcipaland branch offices
other than CONTRACTOR'S office at the site.
11.5.3. AnypartofCONTRACfOR'S
capital expenses, including interest on
CONTRACTOR'S capital employed for the
WOrk and charges against CONTRACTOR for
delinquent payments.
11.5.4. Cost of premiums for all
Bonds and for all Insurance whether or not
CONTRACTOR is required by the Contract
Documents to purchase and maintain the same
(except for the cost of premiums covered by
subparagraph 11.4.5.6 above).
11.5.5. Costs due to the negligence or
intentional acts of the CONTRACl'OR. any
SubcontraCtor, or anyone whose acts allY ofdlem
may be liable, including but not limited to, the
correction of defective Work. disposal of
materials or equipment wrongly supplied and
making good allY damage to property.
11.5.6. Other overhead or general
expense costs of any kind and the costs of any
item not specifically and expressly included in
paragraph 11.4.
CONTRACTOR'S FEE:
11.6. The CONTRACTOR'S Fee allowed to
, CONTRACl'OR for overhead aIld profits shall be
determined as follows:
11.6.1. A mutually acceptable fixed
fee; or if none can be agreed upon.
. 11.6.2. A fee based on the following
percentages of the various portions of the Cost
of the Work:
11.6.2.1. The cost allowance
for overheadalld profit shall not exceed
fifteen percent (159&) of the net cosLlf
the work is done by a Subconttactor, he
may add ten percent (109&) of his net
cost for . overhead and profit and the
ConttaCtDr may add five perceDt (5%) of
the net cost for 0verl1ead and profit. If
all the work is done by the Conttactor,
he may !KId fifteen percent (15%) ofd1e
net cost for overhead and profit;
GC-26
11.6.2.2. See Article
11.6.2.1;
11.6.2.3. No fee shall be
payable on the basis of costs itemized
under paragraphs 11.4.4, 11.4.5 and
11.5;
11.6.2.4. The amount of
credit to be allowed by CONTRAcrOR
to the CITY for any such change which
results in a net decrease in cost will be
the amount of the actual net decrease
plus a deduction in CONTRACTOR'S
Fee by an amount equal to ten percent of
the net decrease; and
11.6.2.5. When both
additions and credits are involved in any
one change, the adjustment in
CONTRACfOR'S Fee shall be
computed on the basis of the net change
in accordance with paragraphs 11.6.2.1
through 11.6.2.4, inclusive.
11.7. Whenever the cost of allY Work is to be
determined pursuant to paragraph 11.4 or U.5,
CONTRACfOR will submit in form acceptable to
ENGINEER. an itemized cost ~own together with
supporting data.
CASH ALLOWANCES:
11.8. It is understood that CONTRACfOR
bas included in the Contract Price all allowances so
n8med in the Contract Documents and shall cause the
Work so covered to be done by such Subcontractors or
Suppliers and for such sums within the limit of the
allowances as may be acceptable to the ENGINEER.
CONTRACfOR agrees that:
11.8.1. The allowances include the
cost to CONTRACfOR (less any applicable
trade discounts) of materials and equipment
required by the allowances to be delivered at the
site, and all applicable taxes; and
11.8.2. CONTRACfOR'S costs for
unloading and handling aD the site. labor,
installation costs,. overhead, profit and other
expeases contemplated for the allowances have
been included in the Contract Price and not in
, the allowances. No demand for additiona,1
payment on account of any thereof will be valid.
Prior to final payment, an appropriate
Change order will be issued as recommended by
ENGINEER to reflect actual amoUDtS due
CONTRACl'OR on account of Work covered by
allowances, and the ContraCt Price shall be
correspondingly adjusted.
UNIT PRICE WORK:
11.9.1. Where the Contract
Documents provide that all or part of the Work
is to be Unit Price Work. initially the Contract
Price will be deemed to include for all Unit Price
Work an amount equal to the sum of the
established unit prices for each separately
identified item of Unit Price Work times the
estimated quantity of each item as indicated in
the Agreement. The est1mllted quantities of
items of Unit Price Work are not guaranteed and
are solely for the purpose of comparison of Bids
and determining an initial Contract Price.
DetermiDatiODS of the actual quantities and
classificatioDS of Unit Price Work performed by
CONTRAcrOR will be made by EN~ in
accordance with P~griph 9.10.
11.9.2. Each unit price will be
deemed to include an amount considered' by
CONTRAcrOR to be adequate to cover
CONTRAcrOR'S overhead and profit for each
separately identified item.
, 11.93. Where the quantity of any
item of Unit Price Work performed by
CONTRAcrOR differs materially and
significandy from the estimated quantity of such
item indicared in the Agreement and there is DO
corresponding adjustment with respect to any
other item of Work and if CONTRACTOR
believes that CONTRACl"OR. bas iDcurred
additional expense as a result Ihereof.
CONTRAcrOR .maY make a claim for an
inczease in the Contract Price in accordanc:e with
Article 11 if the parties are unable to agree as to
the amount of any such increase.
Ol\1rruw WORK:
11.1 O. The City may at any time, by written
order, without Notice to the Sureties. require omission
of such contract work as it may find necessmy or
desirable. A11 order for omission of work sbaJ1 be valid
only by an executable change order. All work so
ordered must be omitted by the CONTRAcrOR. The
amount by which the contract price shall be reduced
shall be determined as follows:
11.10.1. ,By such applicable unitprices,
or rates for work of a similar nature or character
as set forth in the contract; or,
11.10.2. By the appropriate lump sum
price set forth in the Contract; or,
11.10.3. By the reasonable and fair
estimated cost ofsnch omitted work as
determined by the CONTRAcrOR and the
ENGINEER, and approved by the CITY.
ARTICLE 12. CHANGE OF CONTRACT TIME
12.1. The Contract TIDlO may ~n1y be changed
by a Change Order or a Written Amendment. Any
claim for an extension or shortening of the Contract
time shall be based on written notice delivered by the
party making the claim to the other party and tD
ENGINEER prompdy (but in no event later than ten
days) after the occmrence of the event giving rise to the
claim and stating the general nature of the claim.
Notice of the extent of the c~ with supporting data
shall be delivered within thirty days after such. .'
occmrence (unless ENGI;NEER .allows an additional
period of time to ascenain more accurate data in
support of the claim) and shall be accompanied by the
cla;mant's written st,t~t that the adjustment claimed .
is the entire adjustment to which the cl~t bas
reason to, believe it is entided as a result of the
occurrence of said event. All claims for adjustment of
the CoDlraCt T"Jme shall be determined by ENGINEER.
in accordance with paragraph 9.11 if the CITY and
CONTRACJ'OR cannot otherwise agree. No claim for
. ~ adjustment in the Contract Tune will be valid if not
submitted in accordance with the requirements of this
paragraph 12.1.
'12.2. The Contract Time will be extended in
an amount equal to time lost due to delays caused by
events beyond the control of CONTRACfOR if a claim
is made thereof as provided in paragraph 12.1. Such
events shaD inchlde. but not be limited to acts or neglect
by the CITY or others performing additional work as
contemplated by Article 7 t or to fires, floods, labor
disputes, epidemics, abnormal weather conditions or
acts of God. If abnormal weather conditions are the
basis for a Claim for additional time, such Claim shall
be submitted within 30 days of occurrence and shall be
GC-27
documented by data substantiating that weather
conditions were abnormal for the period of ~
required for completion of tho Work aDd could Dot have
been reasonably anticipated and rhat weather conditions
had an adverse effect OD the scheduled construction.
12.3.
12.4.
All time limits stated in the, Contract
DocmDeDts are of the essence of the
Agreement. The provisions of this
Article 12 shaI1 not exclude recomy for
damages (mcludiDg but Dot limited to
fees and charges of engineers, architects,
attorneys and other prqfessionals and
court costs) for delay by either party.
The CONTRAcrOR' shall, not be
entitled to any claim for damages on
account of hindrances or delays in
constnJCtion from any cause wbatsoever
but if occasioned by uy act of God, or
by any act or omission on the part oftbe
C11Y. such act, hindraDce or delay may
entitle the CONTRACTOR to an
extensiOD of time in which to complete
the work. provided that the
CONTRACl'OR gives notice in writing
of the cause of such act, hindrance or
delay within ten days after its occmrence
to the OTY. This paragraph shall
include but not be limited to any acUoDS
which result in delays in scheduling.
substantial changes in scope or wok or
substantial increases in the cost of
perfomJing the work under the Contract
Documents
promptness. Unremedied defects identified for
COlI'eCtiOD during the guarantee period but remaining
after its expiration shall be considered as part of the
obligations of the guarantee. Defects in material,
worlcman~bip or equipment which are remedied as a
result of obligations of the guarantee shall subjeCt the
remedied portion of the work to an extended guarantee
period of one year after the defect has been remedied.
The Surety shall be bound with and for the Contractor
in the Contractor's faithful observance of the guarantee.
ACCESS TO WORK:
13.2. ENGINEER.'S and ENGINEER'S
representatives. other representatives of the CITY,
testing agencies and governmental agencies with
jurisdictional interests will have access to the Work at
reasonable times for their observation. inspecting and
testing. CONTRAeroR shall provide proper and safe
conditions for such access.
TESTS AND INSPECTIONS:
13.3. CONl'RAcrOR shall give ENGINJ;:ER
timely notice of readiness of the Work for all required
inspections. tests or approvals.
13.4. If Laws or Regulations of any public
body having jurisdiction require uy Work (or part
thereof) to specifically be inspected. tested or approved.
CONTRAcrOR shall assume full responsibility
therefor, pay all costs in connection therewith and
furnish ENGINEER the required certificates of
inspection. testing or approval. CONTRACl'OR shall
also be responsible for and shall pay all costs in
connection with any inspection or testing required in
connection with tho Cl'lY'S or ENGINEER'S
acceptance of a Supplier of materials or equipment
proposed to be incoIporated in the . Work, or of
marerials or equipment submitted fot approval prior to
CONTRAcrOR'S purchase thereof for incorporation
in the W crt. The cost of all inspections. tests, and
approvals in addition to the above which are required
by the Contract Documents shall be paid as specified in
the Contract Documents.
13.1. CONTRACTOR warrants ad 13.5. All inspectiODS. tests or approvals other
guarantees to tho CITY and ENGINEER that all Work than d1oso required by Laws or Regulations of any
will be coDS11'UCted in accordance with the Contract public body having jurisdiction shall be performed by
Documents. Prompt notice of aU defects sbal1 be giveD OJ'8'Ini7'JIItions acceptable to the Cl1Y (or by
to CONTRAcrOR. All defective Work. whether or ENGINEER. if so specified).
not in place, may ~ rejected, corrected or accepted as 13.6. If any Work (including the work .of
provided in Article 13. The guarantee shall remain in others) that is to be iDspected, tested or approved is
effect for one year from the date of final acceptance covered without written concurrence of ENGINEER. it
UDless a longer period is specified. The CITY shall must, if requested by ENGINEER. be uncovered for
give notice of observed, defects with reasonable observation. Such uncovering sball be at
GC-28
ARTICLE 13. WARRANTY AND GUARANrEE:
TESTS AND INSPEcrIONS, CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE
WORK
WARRANTY Arm GUAlL\NTEE:
CONTRAcrOR'S expense lIDless CONTRACfOR bas
giveD ENGINEER timely notice of CONTRACl'OR'S
intention to cover the same and ENGINEER bas not
acted with reasonable promptness in response to such
notice.
13.7. Neither obscrvatioos by ENGINEER. nor
inspections, tests or approvals by others shaIl relieve
CONTRAcrOR from CONTRACTOR'S obligalion's_
to perform th~ Work in accordance with the Contract
Documents.
UNCOVERING WORK:
. 13.8. If any Work is covered conttary to the
requ~st of ENGINEER. it must, if requested by
ENGINEER. be uncovered for ENGINEER'S
observation and replaced. at CONTRACI'OR'S
expense.
13.9. If ENGINEER coosiders it necessary or
advisable that covered Work be observod by
ENGINEER or inspected or tested by others,
CONTRACTOR. at ENGINEER'S request shall
uncover. expose or otherwise make available for
observation. iDspection or testing as ENGINEER.may
require, that portion of b Work in questioa. fumisbing
all necessary labor. material and equipment. If it is
found that such Work is defective. CONTRACfOR
shall bear all direct. indUect and consequential costs of
such uncovering. exposure. observation. inspection and
. testing and of satisfactmy reconstruction, (mc1uding but
not limited to fees and charges of engineers. architects.
attorneys and other professionals). and the CITY shall
be entitled to an appropriate decrease in the CoDttaCt
Price. and, if the parties are unable to agree as to the
amount thereot: may make a claim 1bmefor as provided
in Article 11. If. however. such Work is DOt found to
be defective. CONTRACfOR sbaI1 be allowed an
increase in the ConttiCt Price or an extension of the
Contract time. or both. directly attributable to such
uncovering, exposure. observation, inspection. testing .
and recoDSlIUCtion; and if tile parties am unable to agree
as to the amount or extent thereof. CONTRACfOR
may make a claim therefor as provided in Article 11
and 12.
CITY MAY STOPTBE WORK:
stop the Work. or any portion thereof, until the cause
for such order has been eliminat/'!d; however, this right.
of the CITY to stop the Work shall Dot give rise to any
duty on the part of the CITY to exercise this right for
the benefit of CONTRACTOR or any other party.
CORRECTION OR REMOVAL OF DEFECTIVE
WORK:
13.11. If required by ENGINEER,
CONTRACTOR shall promptly, as directed. either
correct all defective W orJe. whether or not fabricated,
installed or completed. or, if the Work bas been
rejected by ENGINEER. remove it from the site and
replace it with non-defective Work. CONTRACTOR
sbalJ bear all direct. indirect, and consequential costs of
such comction or removal (mcludiDg but not limited to
fees and charges of engineers. architects, attorneys and
other professionals) made necessary thereby.
ONE YEAR CORRECTION PERIOD:
13.12. If within one year after the date of
Substantial Completion or such lonpi' period of time as
may be prescribed by Laws or Regulatioos or by the
terms of any applicable special guarantee required by
the CoDlraCt Documents or by any specific provision of
the Contract Documents. any Work. is found to be
defective. CONlRAcroR shaJI promptly. without cost
to the CITY and in accordance witli the ClTY'S written
, instructions. either comet such defective Work, or, if
it has been rejected by the CITY. remove it from the
site and replace it with non-defective Work. If
CONTRACTOR does not prompdy comply with the
terms of such instructions or in an emergency where
delay would cause serious risk of loss or damage. the
CITY may have the defective Work corrected or the
rejected Work removed and replaced. and all direct.
indirect and consequential costs of such removal and
replacemont (including but not limited to fees and
charges of engineers, architects. attomeys lUld other
professionals) will be paid by CONTRACTOR. In
special circumstances where a particular item of
equipment is placed in continuous service before
Substantial Completion of all the Work, the correction
period for that item may start to nm from an earlier date
'if so provided in tho Specifications or by Written
Amendment. Nothing herein shall be deemed a waiver
of the statute of limitations as provided in Florida Law.
13.10. If the Work is defective, or
CONTRACTOR fails to, supply sufficiCDt skillod 13.13. If instead of requiring correction' or
workers or suitable materials or cquipmeDt. or fails to removal and replacesnt of defective Work. the CITY
furnish or perform tho Work iD such a way that the (and prior to ENGINEER'S recommendation of final
completed Work wD1 conform to the Contract payment) prefers to accept it, the CITY Iqay do so.
Documents. the CITY may order CON1'RACl'OR to CONTRACTOR shall bear all direct. indirect and
GC-29
,
consequential costs attributable to the ClTY'S
evaluation of and determination to accept such
defective Work (such costs, to be approved by
ENGlNEER as to reasonableness aDd to include but not
be limited to fees and charges of ensmeers, architects,
attorneys and other professionals). If any such
acceptanCe occurs prior to ENGnEER'S
recommendation of filial payment, a Change Order will
be issued incorporating the necessary revisions in the
Contract Documents with respect to the Wark; and the
CITY shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as
to the amount thereof, the OTY may make a claim
therefor as provided in Article 11. If the acceptance
occurs after such recommendation, an appropriate
amount will be paid by CONTRAcrOR to the CITY.
CITY ~y CORRECT DEFECTIVE WORK:
13.14. If CONTRAcrOR fails within thirty
days (30) after written notice ofENGn-mER to proceed
to correct and to coaect defective Work or to remove
and replace rejected Work as required by ENGINEER.
in accordance with paragraph 13.11, or if
CONTRAcrOR fails to perform the Work in
accordance with. the Contrac1: Documents, or if
CONTRAcrOR fails to comply with any other
provision of the COntraCt Documents, the CITY may,
after seven days written notice to CONTRAcroR.
correct and remedy any such deficiency. In exercising
the rights and remedies UDder this paragraph the CITY
shall proceed expeditiously. To the extent uccessary to
,complete cmrective and remedial actiOI!, the ClTY may
exclude CONTRAcrOR from all or part of the site,
take possession of all or part of the Work, and suspend
CONTRAcrOR'S services related thereto, tab
possession of CONTRAcrOR'S tools, applill~,
CODS1nJCtion equipment and 1JUlI~ at the site and
incomplete in the Work all marmaIs and equipment
stored at the site or for which the CITY bas paid
CONTRAcrOR but which are stOred elsewbere.
CONTRACTOR shall allow the CITY, the ClTY'S
representative, agents aod employees such access to the
site as may be necessary to enable tbe OTY to exercise
the rights and remedies under this paragraph. All
direct, indirect and coasequential costs of the CITY in
exercising such rights and remedies will be ch;arged
against CONTRAcroR in an amount approved as to
reasonableness by ENGlNEER. and a Change Order
will be issued iDcorporadng the necessary revisions in
the Contract Documents with respect to the Work; and
the CITY shall be entitled to an appropria!e dec=ase in
the Contract Price, and, if the parties are uaable to
agree as to the amount thereof. tbe CITY may mab a
claim therefof as provided in Article 11. Such ~
GC-30
indirect and consequential costs will include but not be
limited to fees and cbarJes of engineers, architects,
attorneys aDd other professiouals. all court costs and all
costs of repair and replacement of work of other
destroyed or damaged by com:ctiOD, removal or
replacement of CONTRAcrOR'S defective Work.
CONTRAcrOR shall not be allowed an extension of
the Contract Tune because of any delay in perfonnance
of the W mk attributable to the exercise by the CITY of
the CITY'S rights and remedies hereunder.
ARTICLE 14 - PAYMENTS TO CONTRACTOR
AND COMPLETION
SCHEDULE OF VALUES:
14.1. The schedule of values established as
provided in paragraph 2.9 will serve as the basis for
progress payments and v.ill be incorporated into a form
of Application for Payment acceptable to ENGINEER.
Progress payments on account of Unit Price Work will
be based on the number of units completed.
APPLICATION FOR PROGRESS PAYMENTS:
14.2. Unless otherwise prescribed by law, at
the end of each month, the CONTRAcr.oR shall
submit to the Engineer for review, an Application for
Progress Payment filled out and signed by the
CONTRAcrOR covering the Work completed as of
the date of the Application and accomplished by such
supponing documentation as is required by the Contract
Documents. If payment is requested on the basis of
materials and equipment not incolp01'8ted in the Work
but delivered aDd suitably stored at the site or at another
location agreed to in writing, the Application for
Progress Payment sbal1 also be accompanied by a Bill
of Sale, paid invoice, or other documentation
wmanting d1at the CONTRACfOR bas received the
materials and equipment free and clear of all liens,
charges, security interests, and encumbrances (which
are hereinafter in these General Conditions referred to
as "Liens") and evidence that the materials and
equipment are covered by appropriate property
insurance and other ammgements to protect the CITY'S
interest therein, all of which shall be satisfactory to the
CITY. The amount of retainsge with respect to
progress payments will be as stipulated in the
Agreement.
. ,
CONTRACTOR'S WARRANTY OF TITLE:
14.3. CONTRACTOR waaants and
guarantees that title to all Work, materials and
equipment covered by any Application for Payment,
whether incmporated in the Project or not, will pass to
the CITY no later than the time of payment free and
clear ofLieDS.
REVIEW OF APPUCATIONS FOR PROGRESS
PAYMENT:
14.4. ENGINEER. will, within.ten days after
receipt of each Application for Payment, either indicate
in writing a recommendation of payment and present
the Application to the.CITY, or return the Application
to CONTRACTOR indicating in writing ENGINEER'S
reasons for refusing to recommend payment. In the
latter case, 'CONTRACfOR may make necessary
corrections and resubmit the Application. Thirty days
after receipt of the Application for Payment by the City
with ENGINEER'S recoD1JDendatiOD, the amount
recoDUJlencled will (subject to tbe provisions of the last
sentence of paragraph 14.7) become due and when due
will be paid by the CITY to CONI'RAcroR.
14.5. ENGINEERS recommendation of any
. .'" ".payment requested in the Application for Payment shall
not prohibit the City from withholding payment or
prohibit the City from paying additionally sums
regarding other matters or issues between the parties.
14.6. ENGINEER'S recommendation of final
payment will constitute an additional representadon by
ENGlNEER to the CITY that the conditions precedent
to. CONTRACfOR'S being entitled to final payment as
set forth in paragraph 14.13 bave been fulfilled. '
14.7. ENGINEER may refuse to recommend
the whole or any part of any payment if, in
ENGINEER'S opinion, it would be incozrect to JII.Ib
such representadPDS to the CITY. The ENGINEER.
may also refuse to recDJDJDOnd DY such payment, or,
because of subsequently discovered evidence or the
results of subsequent inspections or tests, nullify any
such payment previously reccmnnenl'1ed. to such extent'
as may be necessary in ENGINEER'S opiDion to protect
the CITY from loss, includinl but not limited to:
14.7.1. The Work is defective, or
completed Work has been damaged requiring
correction or replacement.
14.7.2. The Contract Price has been
reduced by Written Amendment or Change
Order. .
14.7.3. The CITY has been required
to comet defective Work or complete Work in
accordance with paragraph 13.14, or
14.7.4. Of ENGlNEER.'S actual
knowledge of the oc:currence of any of the events
enumerated in paragraphs 15.2.1 through 15.29
inclusive.
The CITY may refuse to make payment of the
full amount recommended by the ENGINEER because
claims have been made against the Cl1Y on account of
CONTRACI'OR'S performance or furnishing of the
Wark, or there are other items entitling the CITY to
credit against the amount recommended, but the CITY
must give CONTRACTOR written noti~ (with a copy
to ENGlNEER) stating the reasons for such action.
SUBSTANTIAL COMPLETION:
14.8. When the CONTRACTOR considers the
entire Work ready for its intended use, the
CONTRACI'OR shall notify the CITY and the
ENGINEER in writing that the Work is substantially
complere and request that the ENGINEER prepare a
Certificate of Substantial Completion. Within a
reasonable time thereafter, the CITY, the ENGINEER
and the CONTRAcrOR shall make an inspection. of
the Work to determine the status of completion. If the
ENGlNEER does not consider the Worlc substilntially
complete, (it is not ready for its intended use) the
ENGINEER sbaI1 notify the CONTRACfOR in writing
giving the reasons therefor. If the ENGINEER
considers the Work to be substantially complere, the
ENGINEER will prep8R' and deliver to the CITY for its
execution and recordadon the Certificate of Substantial
Completion signed by the ENGINEER and
CONTRACTOR, which shall fix the Dare of
Substantial Completion.
14.9. The OTY sbaI1 have the right to exclude
CONTRACI'OR from the Work after the date of
Substantial Completion. but the CITY shall allow
CONTRACTOR reasonable access to complete or
cOaecl items on the "punch list".
PARTIAL UTlLIZATION:
14.10. Use by the CIIY of any finished part of
the Wark, wbich bas specifically been identified in th~
Contract Documents, or which the CITY, ENGINEER
GC-31
and CONTRAcrOR agree constitutes a separately
functioning and useable part of the Work that can be
used by the CITY without sigJ'lifieant interfeIence with
. CONTRAcrORS ped'ormance of the Rmaincler oftbe
Work, may be accomplished prior to Substantial
Completion of all Work subject to the following:
14.10.1. The CITY at any time may
request CONTRACfOR in writing to permit the
CITY to use any such part of the Work which
the CITY believes to be ready for its intended
use and substantially complete. If
CONTRACfOR agrees, COrqucroR wiD
certify to the CITY and ENGINEER thai said
part of the Work is substantially complete and
request ENGINEER to issue a certificate of
Substantial Completion for that part of the
Work. CONTRACfOR at any time may notify
the CITY and ENGINEER. in writing that
CONTRACfOR considers any such part of the
Work ready for its intended use and substantially
complete and request ENGINEER to issue a
certificate of SubstaDtial Completion for that part
of the Work. Within a reasonable timo after
either such request, the CITY, CONTRACl'OR
, and ENGINEER. sbaJl make an iDspection oftbat
part of Work to determine its status of
completion. If ENGlNEER does not consider
that part of the Work to be substantially
complete, ENGINEER will notify the OTY and
CONTRACTOR in writing giving the reasons
therefor. If ENGINEER. considers that part of
the Work to be substantially complete, the
provisions of paragraphs 14.8 and 14.9 will
apply with respect to certification of Substantial
Completion of that part of the Work and the
division of responsibility in respect thereof and
access thereto.
completed or COIreCted and will deliver such list
to the CITY and CONTRACTOR together with
a written recommendation as to the division of
responsibilities pending final judgment between
the CITY and CONTRAcrOR with respect to
security, operation. safety, maintenance, utilities,
insurance. warranties and guarantees for that part
of the Work which wiD become binding upon the
CITY an4 CONTRACTOR at the time when the
CITY takes over such operation (unless they
shall have otherwise agreed in writing and so
infonned ENGINEER). During such operation
and prior to Substantial Completion of such pan
of the Work, the CI1Y shall allow
CONTRACfOR reasonable access to complete
or correct items on said list and to complete
other related Work.
FINAL INSPECTION:
14.11. Upon written Dotice from
CONTRAcrOR that the entire Work or an agreed
portion thereof is complete, ENGINEER will make a
final inspection with the CITY and CONTRAcrOR
and wiD notify CONTRACTOR in writing of all
particulars in which this inspection RVea1s that the
Work is incomplete, defective, or ~ot in accordance
with the Contract Documents. CONTRACTOR shall
immediately take such measures as are necessary to
remedy such deficiencies.
FINAL APPUCATION FOR PAYMENT:
14.12. Afu:r CONTRAcrOR has completed in
writing all such COrrectioDS to the satisfaction of
ENGINEER and delivered all maintenance and
operating iDstructioDS, schedules, guarantees, Bonds,
certificates of inspection, marked-up record documents
(as provided in paragraph 6.19) and other documents all
as required by the Contract Documents, lUld after
ENGINEER has indicated in writing that the Work is
acceptable and has beeD completed in conformance
with the drawings and specifications and any approved
chanF:S thereto, CONTRACTOR may make
application for finaI payment following the procedure
for progress payments. The final Application for
Payment shall be accompanied by all documentation
called for in the Contract Documents.
14.10.2. The CITY may at any time
request CONTRACTOR in writing to permit the
CITY to tab over operation of any such part of
the Work although it is not substantially
complete. A copy of such request will be sent to
ENGINEER and within a reasonable time
thereafter theCITY', CONTRAcrOR and
ENGINEER. shall JUab an inspection of that
part of the Work to determine its status of
completion and Win prepare a Iis~, of items
J'l'!1ftAir)ing to be completed or corrected thereon
befote final paymenL If CONTRACfOR does
not object in writing to the CITY and 14.13. Upon receipt of written notice from the
ENGINEER that such part of the Work is Dot CONTRACI'OR that the Work bas been completed in
ready for separate operation by the CITY, conformity with the Drawings and Specifications and
ENGINEER will pnati7,e the list of items, to be any approved changes thereto, and ~eipt of the Fmal
GC-32
FINAL PAYMENT AND ACCEPTANCE: .
Application for Payment and accompanying
documentation. the ENGlNEER shall promptly
examine the Work and. mAIn'l' such tests as he may
deem proper and using all of the care and judgment
normally exercised in the ullIm;nation of completed
Work by a properly qualified and experienced
Professional ENGINEER. shall satisfy himself that the
CONTRACTOR'S statement appears to be correct and
the CONTRACTOR'S other obligatioDS under the
Contract Documents have been fulfilled. He sball then
inform the CITY in writing that he has examined the
Work and that it appears, to the best of his knowledge
and belief, to conform to the Contract Drawings.
Specifications and any approved Change Orders, that
the CONTRACTORS other obligatioDS under the
Contract Documents have been fulfilled, and that be
therefore recommends acceptance of the Work for
ownership and Final Payment to the CON'IRACfOR.
Howe.ver, it is agreed by the CITY and the
CONTRACTOR that such statement by the
ENGINEER does not in any way relieve the
CONTRACTOR from his responsibility to deliver a
fully completed job in a ,ood and worlnnlllnlike
condition. and does not render the ENGINEER. or the
CITY liable for any faulty Work done or defective
materials or equipment used by the CONTRAcroR.
Upon ~ completion and acceptance of the
Wark in accordance with Paragraph 14.13 of the
General Conditions, the OTY sbal1 pay the remainder
of the contract price as recOlDllJended by ENGINEER.
as provided in said paragraph 14.13. Prior to final
payment, the CONTRACTOR must provide the CITY
with waivers of any and all claims and liens from the
CONTRACTOR and any and all subcontractors, sub-
subcontractorS, laborers, or. These waivers ale
conditions precedent to final paymenL The CITY may
withhold amonnts it deems necessary to cover any
claims of which it has been notified of subcontractors,
sub-subcontractors, materialmen. suppliers or others
from final payment to the CONTRACI'OR
, The ENGINEER will then make a 1iDal ~te
of the value of all Work done aad will deduct therdiom
all previous payments which have been made. The
ENGINEER will report such estimate to the CITY
together with his recotm'llfl!ndllnon as to the acceptance
of the Work or. his findings as to ;my deficiencies
therein. After receipt aad acceptance by the OTY of
the properly execured ~ Warranty otTItle 8Dd after
approval of the ENGINEER'S I!$fiml!lm aad
recolDlllendation to the CITY, the CITY will make final
payment to the CONTRACl"OR of. the Amonnt
remaining after deductin. all prior payments and all
amounts to be kept or retained UDder the provisioDS of
. ~-33
the Contract Documents, including, but not limited to,
Liquidated Damages, as applicable.
All prior estimates are subject to comelion in
the final estimate. Thirty days after approVal by the
CITY of the application for final payment, the amount
recommended by ENGINEER shall become due and
will be paid to Contractor.
CONTRACTOR'S CONTINUING OBUGATION:
14.14. ' CONTRACTOR'S obligation to perform
and complete the Work in accordance with the Contract
Documents shall be absolute. Neither recommendation
of any progress or final payment by ENGINEER. nor
the issuance of a Certificate of Substantial Completion,
nor any payment by the CITY to CONTRACTOR
under the Contract Documents, nor any use or
occupancy of the Wark or any part thereof by the
CrI"Y, nor any act of acceptance by the CITY nor any
failure to do so, nor any Rview and approval of a Shop
Drawing or sample submission, nor the issuance of a
notice of acceptability by ENGINEER. pmsuaDt to
paragraph 14.13, nor any correction of defective Work
by the CITY will constitute III acceptance of Work not
in accordance with the Con1ract Documents or a release
of CONTRACTOR'S obligation to perform the Work in
accordance with the Contract Documents.
ARTICLE 15 . SUSPENSION OF WORK AND
TERMINATION
CITY MAY SUSPEND WORK:
, 15.1. The CITY may, at aD)' time and without
cause, suspend the Work or any portion thereof for a
period of not more than ninety days by notice in writing
to CONTRAcrOR and ENGINEER. which will fix the
date on which Work will be resumed. CONTRACTOR
shall resume the Work on the date so fixed. CON-
TRACTOR sba1l be allowed an increase in the Contract
Price or an extension of the Contract Tune. or both,
directly , attributable to any suspension if
CONTRACTOR makes an approved claim therefor as
provided in ~cles 11 and 12.
CITY MAY TERMINATE
15.2. Upon the occummce of anyone or more
of the following events:
15.2.1. If CONTRAcrOR
commences a volnntary case under any chapter
...
, 1~.4. The CITY may terminate this Contract
without cause by giving seven (7) daYs prior written
notice to the Contractor, and in such event, the CITY
.will pay the CONTRACTOR for that portion, of the
Contract Sum. less the aggregate of previous payments.
allocable to the Work completed as of the Date of
Termination. plus reasonable termination expenses.
The CITY also will reimburse the CONTRACTOR for
aU costs neeessarily incurred for organizing and
cmying out the stoppage of the Work and paid directly
by the CONTRACTOR, not. including overhead,
general expenses or profit. The CITY will not be
The CITY may, after giving CONTRACTOR responsible to reimburse the CONTRACTOR for any
a11d Surety seven days written notice of any default and continuing contractual commitments to subcontractors
GG.34
of the Bankruptcy Code (TItle 11, United States
Code), as now or hereafter in effect, or if
CONTRACTOR lakes any equivalent or similar
action by filing a petition or otherwise UDder any
other federal or state law in effect at such timing
relating to the bankNptcy or insolvency;
15.2.2. If a petition is filed agaiDst
CONTRACTOR UDder any chapter of the
Bankruptcy Code as now or hereafter in effect at
the time of filing, or if a petition is filed seeking
any such equivalent or similar relief against
CONTRACTOR under any other federal or stare
law in effect at the time relating to bankruptcy or
insolvency;
15.2.3. if CONTRACTOR makes a
general assignment for the benefit of creditors;
15.2.4. Ifa 1I'UStee, receiver, cusrrvfilln
or agent of CONTRACTOR is appointed under
applicable law or under contract. whose
appointment or authority to take charge of
property of CONTRAcroR is for the purpose
of enforcing a Lien against such propeny or for
the purpose of general administration of such
property for the benefit of CONTRAcroR'S
creditors;
15.2.5. . If CONTRACTOR admits in
writing an'inability to pay its debts generally as
they become due;
15.2.6. If CONTRAcroR fails to
perform the Work in accordaDce with the
Contract Documents [mcluding. but DOt limited
to, failure to supply sufficient skilled workers or
suitable materials or equipment or failure to
adhere to the progress schedule established
under paragraph 2.9 as revised from time to
time);
15.2.7. If CONTRACfOR disregards
Laws or Regulations of any public body having
jurisdiction;
15.2.8. If CONTRACI'OR disregards
the authority of ENGINEER; or
15.2.9. If CONTRAeroR otherwise
violates any provisions oftbe Contract
Documents;
to the *=xteDt permitted by Laws and Regulations,
terminate the services of CONTRACTOR. exclude
CONTRACTOR from the site and take possession of
the Work and of all CONTRACTOR'S tools,
appliances, construction equipment and machinery at
the site and use the same to the full extent they could be
used by CONTRACTOR (without liability to
CONTRACTOR for trespass or conversion)"
incorporate in the Work all materials and equipment
stored at the site or for which the CITY bas paid
CONTRACTOR but which are stored elsewhere, and
finish the Work as the CITY may deem expedient. In
such case CONTRACTOR shall not be entitled to
receive any further payment until the Work is finished.
If the unpaid balance of the Contract Price exceeds the
expense of completing the work including
compensation for additional managerial and
administratM Services. plus the CITY'S direct, indirect
and consequential losses. damages and costs because of
the CONTRACTOR'S default (including but DOt limited
to fees and charges of engineers, architects, attorneys,
and other professionals and court costs) such excess
will be paid to CONTRAcrOR. If such expenses and
costs plus the ClTY'S losses and damages exceed such
UDpaid balance, CONTRACTOR sball pay the
difference to the CITY promptly on demand. Such
costs incurred by the CITY will be approved as to
reasonableness by ENGINEER and incorporated in a
Change Order. but wheil exercising any rights or
remedies under this paragraph the CITY shall not be
required to obtain the lowest price for the work
performed.
153. Where CONTRACTOR'S services have
been so terminated by the CITY. the termination will
not affect any rights or remedies of the CITY agaiDst
CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due
CONTRACTOR by the CITY will Dot release
CONTRACTOR from liability.
or material men or for penalties or damages for
canceling such contractual commianents, (with the
exception that the CITYsball reimburse the
CONTRAcrOR for major materials or equipment
purchased before termination if the CONTRACI'OR
can show proof of said purchases prior to notice of
termination) inasmuch as the CONTRACTOR shall
make all subcontraCtS and other commitments subject to
this provision. In the event of termination by the CITY.
the CITY may require the CONTRACI'OR promptly to
assign to it all or some subconttacts. construction, plant,
materials, tools, equipment, appliances, rental
agreements, and other commitments whi~ the Cl'IY, in
its sole discretion. chooses to take by assignment, and
in such event the CONTRACI'OR shall promptly
execute and deliver to the CTY written assigJ'llnl!J1tS of
the same.
CONTRACTOR MAY STOP WOIUC OR
TERMINATE:
15.5. If. through no act or fault of
CONTRAcrOR. the Work is suspended for a period of
more than ninety (90) days by the CTY or under an
. order of court or other public authority. or ENGINEER.
fails to act on any Application for Payment within 1hirty
(30) days after it is submitted, or the CITY fails for
sixty (60) days to pay CONTRACTOR any sum finally
determined to be due. then CONTRAcroR may. upon
seven (7) days written notice to the CITY and
ENGINEER, terminate the Agreement and the CTY
will pay the CONTRAcrOR for that portion of the
Contract Sum, less the aggregate of previous paymems.
allocable to the work Completed as of the Date of
Termination plus reasonable tem1ination expenses. The
CITY will Dot. be responsible to reimburse the
CONTRACTOR for any continuing contractual
commitments for canceling such contractual
commitments inasmuch as the CONTRAcroR shaD
make all subcontracts aDd other commi1mcDts subject to
this provision. The CITY may require the
CONTRAcrOR promptly to assign to it all or some
subcontracts, constrUCtioa. plant, materials, tools.
equipment, appliances. rental agreements, and any other
commitments which the CITY. in its sole discretion,
chooses to take by assignment. and in such event. the
CONTRACTOR sbal1 promptly execute and deliver to
the CITY written assi~Qts of the same. In addition
and in' lieu of terminStril\g the Agreement, if
ENGINEER has failed to act on an Application for
Payment or the CITY has failed to make any paymeDt
as aforesaid, CONTRACI'OR may DpOIl seven (7) days
written notice to the CITY and ENGINEER stop the
Work UDtil payment of all amounts then due. The
provbiODS of this paragraph sba1l not relieve
GC-35
CONTRAcrOR of the obligatioDs l1nder paragraph
6.29 to cmy on the Work in accordance with the
progress schedule and without delay during disputes
and disagreements with the CITY.
ARnCLE 16 . MISCELLANEOUS
GIVING NOTICE:
16.1. Whenever any provision of the.Contract
Documents requires the giving of written notice, it will
be deemed to have been validly given if delivered in
person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or
if delivered at or sent by registered or certified mail,
postage prepaid, to the last business address known to
the giver of the notice.
COMPUTATION OF TIME:
'16.2 When any period oftbne is referred to in
the Contract Documents by days. it will be computed to
exclude the first and include the last day of such period.
If the last day of any such period falls on a Saturday or
Sunday or on a day made a legal holiday by the law of
the applicable jurisdiction. such day will be omitted
from the computation.
NO LIMITATION OF RIGBTSAND REMEDIFS:
16.3. The duties and obligations imposed by
these General ConditioDS aDd the rights and remedies
available hereUDder to the parties hereto. and. in.
particular but without limitation. the warranties.
guarantees and' obligatioDS imposed upon
CONTRACfOR by paragraphs 6.30, 13.1. 13.12.
13.14. 14.3 and 15.2 and all of the rights and remedies
available to die CITY and ENGINEER thereunder. are
in addition to . and are not to be construed in any way
as a limitation of. any rights and remedies available to
any or all of them which me otherwise imposed or
available by Laws or Regulations, by special warranty
or guarantee or by other provisions of the Contract
Documents, and the provisiODS of 1bis paragraph will be
as effective as if repeated specifically. in the Contract
Documents in connection with each particular duty
obligation. right and remedy to which they appl>:. All
representatiODS wammties and guarantees made m the
Contract DOCUIDents will survive final payment and
termination or completion of the Agreement.
ACCIDENT AND PREVENTION:
16.4. Tbe safety provisioas of applicable laws
and building and cOllS1rUCuon codes shall be observed
by CONTRACI'OR and the ContraCtor shall take or
. cause to be taken such additional safety and health
measures as the Local Public Agency involved may
determine' to be reasonably necessary. Machinery.
equipment and all hazards shall be guarded in
accordance with the safety provisions of the "Manual of
Accident Prevention in Construction" as published by
the Associated General ComractorS of America, Inc. to
the extent that such provisions are not in conflict with
applicable laws. The Contractor sba1l maintain an
accurate record of all cases of death, occupational
disease, oriDjury requiring medical attention or causing
loss of time from work, arising out of and in the course
of employment on Work under the Contract. The
ConlraCtor shall prompdy fmnish the Local Public
Agency with repons conceming these matters.
16.5. In the event the CITY is pzeveDted from
proceeding with any or all of this Work as stated in this
Con~act, due to a declaration of war, or national
emergency. by the United States government, whereas
the. construction of the type contracted for berein is
specifically prphibited by statUte or govemmental edict,
or due to the stoppage of construction caused by any
governmental agency, State, City. Town. or County
regulations. orders. restrictions, or due to circumstances
beyond the CITY'S control. then the CITY herein
reserves the right to eirher suspend the Work to be done
for an indefinite period of time or to cancel this
Agreement outright by giving notice by registered mail
of such intention to the CONTRAcroR herein. In the
event of any conditions above meJltjoned occurring
after the Work herein bas already been commenced,
then the CITY belein shall be liable for only the
cancellation or suspension without the addition of
prospective profits or other changes whatsoever.
FLOIUDAPRODUCTS AND LABOR
16.6. The CONTRACfOR'S attention is
called to Section 255.04. Florida Statutes. which
requires that on public building contracts, Florida
products and labor sbal1 be used wherever price and
quality are equal
EMPLOYEES:
16.7. All labor described in these
specifications or indicated on the Drawings and the
Work specified or indicated shall be executed in a
GC-36
thoroughly substantial and worhnanlike manner by
mechanics skilled in the applicable trades.
16.8. Any person employed on the Work who
fails, refuses or neglects to obey the insauctiODS of the
CONTRACfORin anything relating to this Work or
who appears to the CITY to be disorderly, intoxicated.
insubordinate, or incompetent, shall upon the order of
the CITY, be at once discharged and not again
employed in any part of the Work. Any interference
with, or abuse or threatening conduct toward the' CITY,
ENGINEER or their inspectors by the CONrRACfOR .' .
or his employees or agents. shall be authority for the
CITY to annul the Contract and re-Iet the Work. No
intoxicating substance sha11 be allowed on the Work
site.
NON-DISCRIMINATION:
16.9. The CONTRAcrOR shall not
discriminate against employees or applicants for
employment because of race, creed, color, religion, sex,
age, handicapped statUS. disabilities, or national origin.
The CONTRACfOR will endeavor to ensure that
applicants are employed and that employees are treated
during employment, without regard to their racc. cteed,
color, religion, sex, age. handicapped ,status, or national
origin. Such action sballinclude but not be limited to
the following: employment, upgrading, demotion, or
transfer; recruitment adv=1ising; layoff or termination;
rates of pay or other' forms of compeDSation~ and
selection for training including apprenticeship. The
CONTRACfOR agrees to post in conspicuous places,
availablc to employees and applicants for employment,
notices setting forth the provisions of this
nondisC:rimination clause. These provisionS apply to all
subcontractorS and it is the responsibility of the
ASSIGNMENT:
16.10. This Agreement, nor any monies due
hereunder, or any part thereof, shall not be assigned, or
tnmSferred, by CONTRACTOR.. nor shall the CITY be
liable to any assignee or tranSferee, without the written
consent of the CITY. to the assignment, or transfer. ,
The CITY shall not release or discharge
CONTRACfOR from any obligatioD hereunder. The
mY shall not approve an assignmeDt or transfer
unless thc Surety on the Contract Performance and
Payment BondS bas informed the OTY in writing that
it consents to the assignment or transfer.
VENUE:
16.11. This Agreement sba11 be governed by the
laws of the State of Florida as now and hereafter in
force. The venue for actions arising out of this
Agreement is fixed in PineUas County, Florida.
ASBESTOS:
16.12. If the CONI'RAcrOR during the course
of the W crk observes the existence of asbestos in any
structure, building or facility, the CONTRACI'OR shall
promptly notify the CITY and the ENGINEER.. The
CITY shall consult with the ENGINEER. regarding
removal or encapsulation of the asbestos material and
the CONTRACTOR sba1l not perform any Work
pertinent to the asbestos material prior to receipt of
special instructioDS from, the CITY through the
ENGINEER.
RIGHT TO AUDIT:
16.13 If the CONTRAcrOR submits a claim
to the CITY for additional compensation, the CTY
shall have the right, as a condition to considering the
claim, and as a basis for evaluation of the claim, and
until the claim bas been settled. to audit the
CONTRACfOR'S books to the extent they are relevant.
This right shall include the right to examine books,
records, documents, and other evidence and accounting
procedures and practices, sufficient to discover and
verify all direct and indirect costs of whatever nature
claimed to have been incurred or anticipated to be
incurred and for which claim bas been submitrecL The
right to audit shall include the right to inspect the
CONTRACTOR'S plants, or such parts thereof, as may
be or have been engaged in the ~ of the
WOI:k. The CONTRACTOR further asrees that the
right to audit encompasses all subcontracts and is
" binding upon all subcontracton. '!be rigbts to e'J:Amiftl!
and inspect herein provided for shall be exercisable
through such representatives as the CITY deems
desirable during the CONTRACI'OR'S DOI1D3l business
hours at the office of the CONTRACTOR. The
accounting records and documents, aDd other financial
data, and upon request, sba1l submit tnie copies of
requested records to the CITY.
CONTRACT TIME; UQUlDATED DAMAGES:
16.14 The work will be substantially
completed within calendar from the date when the
Contract Tame commences to run as provided in
paragraph 2.3 of the Geaeral Couditions, and completed
and ready for fiDa1 payment in accordance witli
GC-37
paragraph 14.13 of the General Conditions within the
stated calendar days from the date of Substantial
Completion.
16.14.1 Liquidated Damages. The
CITY and CONTRAcrOR recognize that
time is of the essence of this Agreement and
that the CITY will suffer financial loss if the
Work is not completed within the t,imes
specified in Contract Time above, plus any
extensions thereof allowed in accordance with
Article 12 of the General Conditions.
The CITY and CONTRACTOR recognize.
agree and acknowledge that it would be
impractical and extremely difficult to ascertain
and fix the actual damages that the CITY
would suffer in the event CONTRACfOR
neglects. refuses. or otherwise fails to
complete the work within the ,time specified.
Accordingly, instead of requiring any such
proof, the CITY and CONTRACTOR agree
that as liquidated damages for delay (but not
as a penalty) CONTRACTOR shall pay the
OTY five hundred dollars (S500.00).for each
day that expires after the time specified in
paragraphs 3.1 for substantial completion until
the Work is substantially complete. After
Substintial Completion, if CONTRACfOR
shall neglect, refuse or fail to complete the
remaining Work within the Contract Time or
any proper extension thereof granted by the
CITY, CONTRAcrOR shall pay CITY five
hundred dollars (SSOO.OOLfor each day that
expires after the time specified in paragraph
3.1 for completion and readiness for final
pa~nL
PAYMENT PROCEDURES:
16.15 Contraetor shall submit Applications
for Payment in accordance with .Article 14 of the
General Conditions. Applications for Payment will be
proceSsed by ENGINEER as provided in the General
Conditions.
16.15.1 Progress Payments. The
CITY sball make progress payments on
account of the Contract Price o~ the basis of
CONTRACTOR'S Applications for Payment
as recommended by ENGINEER. on or about
the first day of each month during constrUction
as provided below. All progress payments will
be on the basis of the progress of the Work
me~ by" the schedule. of values
established in Paragraph 2.6.3 of the General
Coaditions and in the case of Unit Price Wark
based on the number of units completed or, in
the event there is no schedule of values, as
provided in' the General Requirements.
Conttactors shall submit a Progress Payment
affidavit and partial release of lien to the
CITY on fmins which the CITY may provide.
indication that all subcontractors, sub-
subcontractors, laborers, materialmen, and
suppliers have been paid for the improvements
completed
16.15.1.1 Prior to Substantial
Completion progress payments will be made
in an amount equal to 90% of the work
completed, but, . in each case, less the
aggregate of payments previously made and
_ less such amounts as ENGINEER shall
determine. or the CTY may withhold, in
accordance with paragraph 14.7 oftbe General
Conditions.
16.15.1.2 Prior to Substantial
Completion. progress payments for materials
and equipment not incorporated in the Work
but delivered and suitably stored and
accompanied by docUmentation satisfactory
to the CITY, as provided in paragraph 14.2 of
the General Conditions, wiD be made in an
amount equal to 0% as established by the
schedule of values.
16.15.2 Final Payment. Upon final
completion and acceptance of the Work i!l
accordance with paragraph 14.13 of the
General Conditions. .the CTY ~ pay the
remainder of the Contract Price as
recommended byENGINEBR. as provided in
said paragraph 14.13. Prior to final payment,
the ContraCtor must provide the City with
waivers of any and all claims and liens form
the ContraCtor and any subcontractors, sub-
subcontractors. laborers, suppliem of
materialmen. These waivers are coaditions
precedent to final payment. The City may
withhold amounts it deems necessary to cover
any claims of which it' has been notified of
subcontractors, sub-subcontractors; laborers,
suppliers of mareria1meD or others from final
payment to the Contractor.
CONTRACfOR'S REPRESENTATIONS:
16.16 In order to induce theClTY
GC-38
to enter into this Agreement CONTRACTOR
makes the following
representations:
16.16.1 CONTRACI'OR has
familiarized itself with the nature and extent of
the Contract Documents, Work, site, lOCality,
and all local conditions and Laws and
Regulations that in any manner may affect
cost, progress, performance or furnishing of
theWorlc.
16.16.2 CONTRACI'OR has
obtained at hislher own expense and carefully
studied, or assumes responsibility for
obtaining and .carefully studying, soil
investigatiobS, explorations, and leSt reports
which pertain to the subsurface conditions at
or contiguous to the site or otherwise may
affect the cost, progress, performance or
fumishing of the Work as CONTRACTOR
considers necessary for the performance or
furnishing of the Work at the Contract Price,
within the Contract Price. within the Con~
Tune and in accordance with the other terms
and conditions of the Contract Documents,
including specifically the provisions of
paragraph 4.2 of the General Conditions and
p~graph 4.4 of.the Instructions to Bidders;
and no additional examinations,
investigations, explorations, . tests, reports,
studies or similar information or data are or
will be required by CONTRACTOR for such
purposes.
16.16.3 CONTRACfOR has
reviewed and cl1ec:bd all iDfcmnation and data
shown or indicated on the Contract
Documents with respect to existing
Underground Facilities at or contiguous to the
site and assumes responsibility for the
accurate location of said . Underground
Facilities. No additional examinations,
,investigations, explorations, tests, reports,
studies or similar information or data in
respect of said Underground Facilities are or
will be required by CONTRACTOR in order
to perform and furnish the Work at the
Contract Price, within. the Contract Time and
in accordance with the other terms and
conditions of the Contrad Documents,
including specifically the provisions of
Paragraph 4.3 of the General Conditions
16.16.4 CONTRACI'OR
has
co=1ated the results of all such observations.
elrSlminlltiOns. iDvestipliODS. explorations.
tests, reports and studies with the terms and
conditions of the Contract Documents.
16.16.5 CONl'RACTOR bas given
written notice of all conflicts, euors or
discrepancies that he has discovered in the
ContraCt Doc:umcnrs ,8;Dd !he written resolution
thereof by ENGINEER is acceptable to
CONTRAcrOR.
Azurix North America
Campey: Underqround Infrastructure, Inc.
109 Applewood Drive, Longwood, FL 32750
407-260-9668
Du= Auqust 21,2002
Sisaab=~'..J?~ ~
(Au~~~)
. .. Michael Cannon
Vice President
(COUORATE SEAL)
GC.39
Bidder will complete the Work for the following pril:es:
SCHEDUlE OFBJD PRICES
tN::er
1
Bid Item
Quantity Unit
Unit Cost
Total Cost
LF .J d, 51) -:J /} ~I)d. PO
~ -$ -
LF 'f. tJ /J ~J ~ PI). RtJ
4 c:;
LF ~'1,P4 ~,~ ~'v. /)t7
Lf -iI ~/, t'~ ~ /5 5P,1,""
\
Lf -If. .$,S, PO "t# /~, Oil", GI)
LF -:I ~6:!J'() .; ~" 55c7,(J(}
LP -11 ~~,So --II .~; ~.6().~~
LP -# 5~ ,,'{o "'" 5: tp.';:~, de
LP -/I ~d..bO -::I t,,, P.?'IJ./)o
LP ciI ~J/:,DIJ ~ (;" ~.5t1. ~I) ,
LP -::II (;,1.50 r -$ G, /5 d, pu
LP j ~~,J;O'f ..,J t., .35&. 00
LP ?I ~5.5() ( ~ /" 55p.06
Lf -t/'7.5p f.. -II ~J 15~,,~()
EA -f; I, O/J ~ .6"C/tJ.. ~"
LP -:i 8"1.5IJ ~ ~f 15tJ../J r)
LP '? ~~.S7J ? ;;.,;'.5tJ. (J/J
Lf -II (,1.5tJ -:i ?, 7 !J-~, tP"
LP -IJ 9f..5~ ~ ~ ?5t7,~ ()
Lf -J/I; ,;J:!J, 5(' o;j /:2.) 3 6Jt' ,,(' a
I J,B..:5O. go 0 + 1. P
;:<;;'5:-~ a rJ ~
19 24" Inversion LiDing (Stormwater,lo.s mal, +/.1.5 mm) 100
. I
20 SO" Inversion LiDing (SlOnnwater, 12 mm, +/- 1.5 DUD) \ [~ 100
,I'
~(, ,
Total Evaluateel Biel 'or.
Bid No. '1e," 02-B-811
Project: Sanitazy Sewer and Stonnwater Inversion LbUng
Numbers .fJ /5(,}iJ..t'(J. ()O
Words Ol.l~ H(jP~)) .P//=rt./-5/Jt...r Iftt/ts,+lJ.f) -rW~ !J(/;J~ULJ ~/..~/fp...5 "'"f .vo e.eJJ~
. AZUr1X ~ortn America Underground
COmpmr- Infrastruc ur
2
Line CleaDing - Light
Line Oeaning -Specialty ~
2000
soo .
1000
3
8" Inversion I.i1'Iing - 6 mm Thic:hness
10" Inversion LIning - 6 mm 1hicla\ess
10" Invezsion LIning -7.5 mm Thickness
12" Inverlon Lining - 6 mm Thickness
IT Inversion Lining -7.5 mm Thickness
15" Invezsion Lining - 6 mm 'Ihic:kness
15" Inversion Lining. 7.5 mm Thickness
100
4
soo
SOO
5
6
7
8
9
100
100
100
10 15" Inversion LIning - 9 mm 'I'hic:rt-
11 18" Inveaion Lining - 6 mm'Ihic:kness
12 18" Inversion Lining -7.5 mm Thickness
13 18" Inversion Lining - 9 mm'Ihidc:ness
14 18" Inversion Lining -10.5 mm 1bic:kness
15 Service Laterals - SIandard Recxmnec:tion
100
100
100
100
100
SOO
100
16 12- Inversion Lining (Stormwater, 6 mal, +/-1.5 mm)
17 15" Inversion LiNng (SlOnnwater, 7.5 mm, +/-1.5 mm). 100
18 18" Inversion LIning (Staanwater, 9 mm. +/-1.5 mm)1r 100
I ,t "'^ "iV\.
Signature (Authorized Corporate Official):
J
President
" .
Section 01025
SECTION 01025
MEASUREMENT AND PAYMENT
PART 1 . GENERAL
1.01 EXPLANATION AND DEFINITIONS
The following explanation of the Measurement and Payment for the bid form items is made for information and
guidance. The omission of reference to any item in this desaiption shall not, however, alter the intent of the bid fonn
or relieve the Contractor of the necessity of fumishing such as part of the Contract.
1.02 PAYMENT
A. Payment shall be made for the items listed on the Bid Form on the basis of the work actually performed and
, completed. Such work shall include, but is not limited to, the fumishing of all necessary labor, materials,
equipment, transportation,. clean up, and. all other appurtenances to complete the construction and installation
of the work, to the configuration and extent as shown on the drawings, and described in the specifications.
B. It is intended that all mobilization,. maintenance of traffic, sediment and erosion control, testing, insurance, bond,
license and other miscellaneous administrative costs, and all other costs to the Contractor not specifically
identified in the following item description be distributed among and included in the unit prices stated. No
additional payment shall be made for transportation, communications, office maintenance, project signs,
maintenance of, traffic, barriers, and other incidental work or services, and no further payment shall be made for
remobilization unless all of the work is suspended by the Engineer for a period in excess of three months and
through no fault to the Contractor.
C. All required manufacturer testing and certification should be included in the Unit prices shown in the Proposal
and Contract. Density testing required for compacted backfilling, and concrete strength and materials testing
. required at the time of construction shall be performed and paid for by the contractor.
PART 2 . MATERIALS
Not Used
PART 3 .'EXECUTlON
3.01 LINE CLEANING - Bid Item Nos. 1 &c 2
A. This item provides for all labor, equipment, material, bypass pumping, mobilization, restoration, traffic control,
barriers, and removal, handling and disposal of materials associated with line cleaning. The quantity to be
measured for payment under this item will be the actual number of lineal feet of line cleaned as measured from
wall of manhole inlet to wall of manhole inlet, regardless of pipe diameter.
B. Payment for line cleaning shall be made for light cleaning and specialty cleaning. Light cleaning is defined as
the removal of material and/or debris from a section of pipe (less than 20% of the pipe diameter). Specialty
cleaning is defined as the removal of material and/or debris (greater than 20% of the pipe diameter), or the
presence of grease, roots, p~g liner system, or tuberculation. The unit price for specialty cleaning shall
be inclusive of any additional equipment or resources necessary for the removal and disposal of such material,
and shall be paid for the actuallinea1 feet cleaned. Payment shaD. be made only after provision of disposal tickets
for disposed material.
Page 1 of3
f1'J /17/rD.ll:18 AM
Sectian 01025
. 3.02 8" INVERSION LINING . Bid Item No.3
A. This item provides for an labor, equipment, material, mobilization, traffic control, barriers, setup, initial and final
televising, all bypass pumping, and installation of 8" inversion lining for s~tary sewer lines. The quantity to
be measured for payment under this pay item will be the actual number of feet inversion lined measured from
wall of manhole inlet to wall of manhole inlet.
B. Payment for inversion lining shall be made for the actual number of feet inversion lined.. Unit pricing shall be
based on a liner thickness of 6 mm.
3.03 10" INVERSION LINING - Bid Items No.4&: 5
. A. This item provides for an labor, equipment, material, mobilization, traffic control, barriers, setup, initial and final
televising, all bypass pumping, and installation of 10" inversion lining for sanitary sewer lines. The quantity to
be measured for payment under this pay item will be the actual number of feet inversion lined measured from
wall of manhole inlet to wall of manhole inlet.
B. Payment for inversion lining shall be made for the actual number of feet inversion lined. Unit pricing shall be
based on a liner thickness of 6 mm or 7.s mm.. Variations in liner thickness shall be addressed by the respective
Bid Item.
3.04 12" INVERSION LINING - Bid Items No.6&: 7
A. This item provides for an labor, equipment, material, mobilization, traffic control, barriers, setup, initial and final
televising, aU bypass pumping, and instaDation of 12" inversion lining for sanitary sewer lines. The quantity to
be measured for payment under this pay item will be the actual number of feet inversion lined measured from
wall of manhole inlet to wall of manhole inlet.
B. Payment for inversion lining shaD. be made for the actual number of feet inversion lined.. Unit pricing shall be
based on a liner thiclcness of 6 mm or 7.s mm.. Variations in liner thickness shall be addressed by the respective
Bid Item.
3.05 15" INVERSION LINING - Bid Items No.8, 9 &: 10
A. This item provides for an labor, equipment, materiaL mobilization. traffic control, barriers, setup, initial and final
televising, aU bypass pumping, and instaDation of 15" inversion lining for sanitary sewer lines. The quantity to
be measured for payment under this pay item. will be the actual number of feet inversion lined measured from
wall of manhole inlet to wall of manhole inlet.
B. Payment for inversion lining shaD. be made for the actUal number of feet inversion lined.. Unit pricing shall be
based on a liner thickness of 6 mm, 7.5 UID1, or 9 mm. Variations in liner thickness shall be addressed by the
respective Bid Item.
3.06 18" INVERSION LINING - Bid Items No. 11, 12, 13 &: 14
A. This item provides for an labor, equipment, material, mobilization, traffic control, barriers, setup, initial and final
televising, all bypass pumping, and instaDation of 18" inversion lining for sanitary sewer lines. The quantity to
be measured for payment under this pay item will be the actual number of feet inversion lined measured from
wall of manhole inlet to wall of manhole inlet.
B. Payment for inversion lining shall be made for the actual number of feet inversion lined.. Unit pricing shall be
based on a liner thiclcness of 6 mm, 7.s mm, 9 mm, or 10.5 mm. Variations in liner thickness shall be addressed
by the respective Bid Item.
Page2of3
rr7/17/0211:18 AM
I!'.''''-.-.t-........:-_\ ..-:.~__ . . .___ . _______. .._. -_____
5ectkm" 0102.5
3.07 SERVICE LATERALS - STANDARD RECONNECTION - Bid Item No. 15
A. This item provides for all labor, equipment, material, mobilization, traffic control, baxriers, setup, initial and final
televising, all bypass pumping, and reconnection of service laterals. The quantity to be measured for payment
under this pay item will be the actual number of service laterals reconnected.
B. Payment for service lateral reconnection shall be made for the actual number of service laterals reconnected. Unit
pricing shall not vary between service lateral or sewer line sizes.
3.08 12" INVERSION LINING (STORMWATER, 6MM +/-1.5MM) - Bid Item No. 16
A. This item provides for all labor, equipment, material, mobilization, traffic control, barriers, setup, initial and final
televising, all bypass pumping, and installation of 12" inversion lining for stormwater lines. The quantity to be
measured for payment under this pay item will be the actual number of feet inversion lined measured from wall
of manhole inlet to wall of manhole inlet
B. Payment for inversion lining shall be made for the actual number of feet inversion lined.. Unit pricing shall be
based on a nominal liner thickness of 6 mm, and be paid for any variations of up to + / - I.Smm.
3.09 15" INVERSION LINING (STORMWATER, 7.5MM +/-1.51\00 - Bid Item No. 17
A. This item provides for all labor, equipment, material, mobilizatiOl\ traffic control, baxriers, setup, initial and final
televising, all bypass pumping, and installation of 15" inversion lining for stormwater lines. The quantity to be
measured for payment under this pay item will be the actual number of feet inversion lined measured from wall
of manhole inlet to wall of manhole inlet .
B. Payment for inversion lining shall be made for the actual number of feet inversion lined.. Unit pricing ~hall be
based on ,a nominal liner thickness of 7.5 mm, and be paid for any variations of up to + / - 1.5mm.
3.10 18" INVERSION LINING (STORMWATER, 9MM +/-1.5MM) . Bid Item No. IS
A. This item provides for all labor, equipment, material, mobilization, traffic control, barriers, setup, initial and final
televising, all bypass pumping, and installation of IS" inversion lining for stormwater lines. The quantity to be
measured for payment under this pay item will be ~ actual number of feet inversion lined measured from wall .
of manhole inlet to wall of manhole inlet.
B. Payment for inversion lining shall be made for the actual number of feet inversion 1ined.. Unit pricing shall be
based on a. nominal liner thickness of 9 mm, and be paid for any variations of up to + / - 1.5mm.
3.11 24" INVERSION LINING (STORMWATER, 10.5MM +/-l.5MM) - Bid Item No. 19
A. This item provides for all labor, equipment, material, mobilizatiOn, traffic control, barriers, setup, initial and final
televising, all bypass pumping, and installation of 24" inversion lining for storm water lines. The quantity to be
measured for payment under this pay item will be the actual number of feet inversion lined measured. from wall
of manhole inlet to wall of manhole inlet.
B. Payment for inversion lining shall be made for the actual number of feet inversion lined.. Unit pricing shall be
based on a nominal liner thickness of 10.5 DIm, and be paid for any variations of up to + / -1.5mm.
3.12 30" INVERSION LINING (STORMW ATER, 12MM +/- LSMM) - Bid Item No. 20
A. ' This item provides for an labor, equipment, material,. mobilizatiOl\ traffic control, burlers, setup, initial and final
televising, all bypass pumping, and installation of 30" inversion lining for stormwater 1ines.The quantity to be
measured for payment under this pay item will be the actual number of feet inversion lined measured. from wall
Page 3 of3
(f1 /17/02. 11:18 AM
Section 01025
of manhole inlet to wall of manhole inlet.
B. Payment for inversion lining shall be made for the actual number of feet inversion lined.. Unit pricing shall be
based on a nomina1liner thickness of 12 mm, and be paid f~r any variations of up to + / - 1.5mm.
END OF SECTION
Page 4 013
ffI/17/fJ2. 11:18 .AM
Section OlS3O
SECTION 01530
BARRIERS
PART1-GENERAL
1.01 REQUIREMENTS INCLUDED
Furnish, ins.ta1l and maintain suitable barriers as required to prevent public entry, and to protect the Work,. existing
facilities, trees and plants from construction operations; remove when no longer needed, or at completion of Work.
L02 RELATED REQUIREMENTS
A. Section01010: Summary of Work.
B. Section 01500: Construction Facilities and Temporary controls.
PART2-PRODUcrS
2.01 MATERIALS, GENERAL
Materials may be new or used, suitable for the intended purpose, but must not violate requirements of applicable
codes and standards.
2.02 FENCNG
A. Minimum fence height six feet.
B. Open-Mesh Fence:
1. No 11 gauge, two inch mesh, 72 inches high galvanized chain link fabric, with extension arms and three
strands of galvanized. barbed wire.
2. Galvanized. steel posts; 1-1/2 inch line posts and two inch comer posts.
2.03 BARRIERS
Materials are Contractor's option, as appropriate to serve required purpose.
PART 3 - EXECUTION
3.01 GENERAL
A Install facilities of a neat and reasonably uniform appearance, structurally adequate for the required pwposes.
B. Maintain barriers during ~tire construction period.
C. Relocate barriers as required by the progress of construction.
Page 1 of2
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::.ectian U~30
3.02 FENCES
A. Provide and maintain fences necessary to assure security of the site during construction to keep unauthorized
people and animals form the site when construction is not in progress.
B. Gates shall have l~i and keys shall be fumished to.the Owner.
C. Provide additional security measures as deemed necessary and approved by the Engineer.
3.03 TREE AND PLANT PROTECTION '
A. Preserve and protect existing trees and plants at site which are designated to remain, and those adjacent to site.
B. Consult with. the Engineer, and remove agreed-on roots and branches which interfere with construction.
1. Employ qualified tree surgeon to remove branches and treat cuts.
C. Provide temporary barriers to a height of six feet, around each, or around each group, of trees and plants.
D. Protect root zones of trees and plants:
1. Do not allow vehic:ular traffic: or parking.
2. Do not store materials or products.
3. Prevent dumping of refuse or chemically injurious materials or liquids.
4. Prevent puddling or continuous nmning water.
E. Carefully supervise excavating, grading and filling, and other construction operations, to prevent damage.
F. Replace, or sui~ly repair, trees and plants designated to remain which are damaged or destroyed due to
construction operations.
3.04 REMOVAL
A. Completely remove barricades, omit, when construction has progressed to the point that they are no longer
. needed and when approved by Engineer.
B. Repair damage caused by construction. Fill and grade areas of the site to the required evaluations, and clean up
the area.
Page 2of2
CT1 /12./02 2:37 PM
1:.\' 'C.....;.......:-...\. A...,;._ 'B....-:___\ 'I!II ft """" _ ,__ _...._, ""IP<I'V' '11I_---3__4 .
Section 01S7O
SECTION 01570
TRAFFIC CONTROL
PART 1 - GENERAL
1.01 REQUIRWENTS INCLUDED
A. Provide, ope~te and maintain equipment, services and personnel, with traffic control and protective devices,
as required to expedite vehicular traffic flow around the construction area.
B. Remove temporary equipment and facilities when no longer required, restore grounds to original, or to specified
conditions.
1.02 REFERENCES
Traffic regulation shall be in accordance with F.D.O.T. Roadway and Traffic Design Standards, Manual on
Uniform Traffic Control Devices, and FOOT Standard Specifications, latest Editions.
1.03 TRAFFIC CONTROL PLAN
A. The Contractor is to prepare a traffic control plan and/or policy statement for each phase of construction. This
plan is to be presented to the Oty Engineer at or before the pre-construction meeting.
B. All proposed traffic control plans and policy statements shall be complete and in compliance with Section 1.02.
1.04 TRAFFIC SIGNALS AND SIGNS
A. Provide and operate traffic control and directional signals required to direct and maintain an orderly flow of
traffic in all areas under Contractor's control, or affected by Contractor's operations.
B. Provide traffic control and direction signs, post mounted, at all areas required by Section 1.02
C. Traffic Signals - Construction requiring traffic signal modification shall be reported to the City Engineer at least
72 hours prior to the commencement of such activities. All excavation work within 30 feet of any traffic signal
shall be reported to the Oty Engineer at least 72 hours prior to its commencement.
~ D. All existing traffic signs shall remain visible throughout constructi~ activities unless superseded by required
construction signing.
1.05 FLAGMEN
Provide qualified and suitably equipped flagmen when construction operations encroach on traffic lanes,
as required for regulation of traffic (See Section 1.02).
Page 1 of 2
(11/12/022:37 PM
Section 01570
1.06 FLARES AND LIGHTS
A. Provide lights as required by Section 1.02.
1. Todearly delineate traffic lanes and to guide traffic as required in Section 1.02
2. For use by flagmen in directing traffic.
B. Provide illumination of critical traffic and parking areas as required in Section 1.02.
1.07 CONSTRUCTION PARKING CONTROL
A. Control vehicular parking to preclude interference with public traffic or parking, access by emergency vehicles,
Owner's operations, or constructi~n operations.
B. Monitor parking of construction personnel's private vehicles.
1. Maintain free vehicular access to and through parking areas and driveways.
2. Prohibit parking on or adjacent to access roads, or in non-designated areas.
1.08 CONSTRUCTION VEHICLES
A. All slow moving construction vehicles shan have a slow moving sign visible from the rear of the vehicle.
B. All vehicles used for construction activities shall have audible back-up warning devices.
1.09 ROAD CLOSURES
A. No road shall be closed prior to receiving approval from the City Engineer.
B. At least seven days prior to a proposed road closme, the contractor shall submit to the City Engineer a complete
traffic control plan. This plan shall include the following minimum information: ,.
1. Sketch of work site and all area roads, streets and mark driveways.
2. Proposed detour route.
3. All necessary traffic control devices to be used.'
4. Emergency contractor contact person name and phone to be available 24 hours a day.
S. Estimated times! dates of road closure.
C The City Engineer shall have the authority to approve an emergency road closure.
PART 2 - PRODUcrS
A. All traffic control devices shan meet or exceed FOOT certification standards.
B. All traffic signs shall have high intensity face material
PART 3 - EXECUTION
A. Upon notification by the owner either verbally or in writing, the contractor shall correct any noted deficiencies
within one hour.
B. Inspection of all traffic control items shall be accomplished at least twice per day. One of these inspections shall
be at the end of the work day or at night.
Page2of2
07/12./02. 2:37 PM
Section 02701
SECTION 02701
PIPE LINING BY INVERSION
PART 1- GENERAL
1.01 SCOPE
This practice describes the procedures for the reconstruction of pipelines and condUits (8 , 10, 12,15, and 18 in., and
laterals) by the installation of a resin-impregnated, flexible tube which is inverted into the existing conduit by use of
a hydrostatic head or air pressure. The resin is cured by circulating hot water or introducing controlled steam within
the tube. When cured, the finished pipe will be continuous and tight-fitting. This recOnstruction process can be used
in a variety of gravity and pressure applications such as sanitary sewers and storm sewers. Pipelines for
reconstruction on this project consist of primarily ductile iron pipe, with some reinforced concrete pipe and vitrified
clay pipe.
The work is to be performed by annual bid, with an estimated minimum footage of two thousand five hundred (2,500)
lineal feet of sewer line to be inversion lined on an annual basis. The term of this bid will be from the date of award
through September 30, 2003. The City of Largo reserves the right to extend the contractor for two additional one-year
extensions with the approval of the contractor. The estimated footages identified in the Schedule of Bid Prices are for
comparison only. The locations to be inversion lined will be as directed by the City of Largo designated
representative. The City of Largo will issue task orders to the contractor in minimum increments of $25,000 or more.
The Contractor shall be required to be on the job site and performing services within twenty-one (21) days of
notification of each service request. '
No dig h\version liriing is required. The Contractor will be responsible for sewage flow control during all hours of
installation. Night installations may be required in some sewer lines due to sewage and/or traffic flow conditions.
Coordination of the flow control and rehabilitation is the responsibility of the Contractor.
The indemnification provision contained in the General Conditions is incorporated herein, and made a part hereof,
as if fully set forth herein.
SAFETY
1. Contractor will report any condition to the City of Largo which may pose a threat to the health and welfare of
employees of the City, Contractor, or the general public.
2. Contractor will use employees that are properly trained and who are aware of possible work, materials, and job-
site related hazards.
3. Contractor will ensure that waste material is properly disposed in accordance with applicable regulations and
safety precautions.
4. Contractor shall comply with all local, state and federal safety requirements, including but not limited to. OSHA.
REFERENCED DOCUMENTS
ASTM Standards:
0543
0638
0790
Test Method for Resistance of P1astic:s to Chemical Reagents
Test Method for Tensile Properties of Plastics
Test Methods for Flexural Properties of Umeinforced and Reinforced Plastics and Electrical Insulating
Materials
Definitions of Temu Relating to Plastics
Test Method for Peel or Stripping Strength of Adhesive Bonds
Temrlnology Relating to Abbreviations, Aaonyms and Codes for Terms Relating to Plastics
Practice for Underground Installation of Fiberglass (Glass Fiber Reinforced Thermosetting Resin) Pipe
Terminology Relating to Plastic Piping Systems
0883
0903
01600
03839
F412
Page 1 of 6
07/16/02 8:06 AM
Pipe Lining by Inversion
Sec:tioD D2701
F1216 Standard Practice for Rehabilitation of ExistingPipe1ines and Conduits by the Inversion and curing of a Resin-
Impregnated Tube
F1743 Standard Practice for Rehabilitation of Existing Pipelines and Conduits by Pulled-in-Place Installation of
Cured-in-Place Thermosetting Resin Pipe (CIPP)
AWWA Standard:
Manual on Cleaning and Lining Water Mains, M28
NASSCO Standard:
Recommended Specifications for Sewer Collection System Rehabilitation
TERMINOLOGY
A. Descriptions of Terms Specific to This Standard:
1. cured-in-place pipe (CIPP) - a hollow cylinder containing a non-woven or a woven material, or a
combination of non-woven and woven material surrounded by a cured thermosetting resin. Plastic
- coatings may be included. This pipe is fonned within an existing pipe. Therefore, it takes the shape of
and fits tightly to the existing pipe.
2. inversion - the process of tuming the resin-impregnated tube inside out by the use of water pressure or
air pressure.
3. lift - a portion of the CIPP that has cured in a position such that it has pulled away from the existing pipe
wall. .
REQUIRED CONTRACTOR EXPERIENCE .
The contractor performing lining services shall submit documentation in support of the following requirements:
A. Contractor providing the inversion lining service must be Florida based, or have Florida offices established
for a minimum of five (5) years;
B. Contractor must have a minimum three (3) years experience with the liner system being proposed;
C. Inversion lining system shall have a minim1PlllOO,OOO lineal feet of installation within the U.s., and 50,000
lineal feet of installation within Florida.
D. Contractor and liner system must provide a non-prorated, one-year guarantee on the liJ.:ler installed. The liner must prohibit root intrusion, protect the existing sewer line from further deterioration, and provide a surface
coating resistant to sewer gases and c:hemicals.
E. Contractor and manhole sealing system must provide a non-prorated, five-year guarantee on material and
workmanship for manhole sealing and annular space sealing. The manholes, along with annular spaces at
pipe to manhole and lateral to pipe connections, shall be free from infiltration for a period of five-years.
PART 2 - PRODUCTS
MATERIALS
A. Structural Properties
The installed CIPP shall meet the following minimum structural properties:
Tensile Strength (ASTM 0638)
Flexural Strength (ASTM 0790)
3,000 psi
4,000 psi
Page2of6
rn /16/rJ2 8..06 AM
Pipe I..inlng by Inversion
Section 02701
Flexural Modulus of Elasticity (ASTM D790)
300,000 psi
Retention of Properties to Account for Long Term Effects
50%
B. Tube - Tubes shall be manufactured in accordance with ASTM F1216 or ASTM 1743.
C. Resin - A general purpose, unsaturated, styrene based them\oset resin and. catalyst system or an epoxy resin
and hardener that is compatible with the inversion process should be used. The resin must be able to cure
in the presence of water and the initiation temperature for cure should be between 140 and 200 degrees
Fahrenheit.
PART 3 - EXECUTION
DESIGN CONSIDERATIONS
A. General Guidelines - The design thickness of the CIPP is largely a function of the condition of the existing
pipe. Prior to the commencement of design activities, concurrency must be provided by the owner as to the
pipe' length, condition, soil cover, anticipated loading, wastewater characteristics, and other conditions
integral in the design of each sewer segment. All inversion lining designs shall be based upon a system life
span of fifty (SO) years.
B. The contractor shall submit designs to the owner for each manhole to manhole section of pipe prior to the
start of construction activities. Designs will be made in accordance with AS1M F1216. Designs will include,
at a minimum,. assumptions, calculated liner design thickness by sewer segment, and ~ommended dry tube
~ for each sewer segment. Finished dry tube thickness shall exceed calculated. design thickness for
all cases. Cut sheets of the resin to be used shall also be provided. . .
C.Contractor shall submit tedmica1 information from the tube manufacturer on the maximum allowable tensile
stress for the tube with design calculations prior to the start of construction.
INSTALLATION
General
The work to be performed under this contract shall be perfonned Monday through Friday, 7:00 am. through 6:00 pm.
The City acknowledges that the work to be performed may require performance of work outside of this time frame.
All work performed outside of the stipulated time frame must be requested and approved by the City of Largo a
minimum of 24 hours in advance of performing such work.
A. Cleaning and Inspection:
1. Prior to entering access areas such. as manholes, and performing inspection 'or cleaning operations, an
evaluation of the atmosphere to determine the presence of toxic or flammable vapors or lack of oxygen
must be undertaken in accordance with local, state, or-federal safety regulations.
2. Cleaning of Pipeline - All intema1 debris shall be removed and disposed of from the original pipeline.
Gravity pipes should be cleaned with hydraulically-powered equipment, high-velocity jet cleaners, or
mechanically-powered equipment (see NASSCO Recommended Specifications for Sewer Collection
System Rehabilitation).
3. Inspection of Pipelines - Inspection of pipelines shall be performed by experienced personnel trained in
locating breaks, obstacles, and service connections by dosed circuit television. The interior of the pipeline
shall be carefully inspected to determine the location of any conditions that may prevent proper
installation of the impregnated tube, such as protruding service taps, collapsed or crushed pipe, and
reductions in the cross-sectional area of more than 40%. These conditions should be noted so that they
can be cor.tected.
Page3of6
a7/16/02 8:06 AM
J
-
Pipe Lining by m\'e!Sion
Section 02701
4. Line Obstructions - The original pipeline shall be clear of obstructions such as solids, dropped joints,
protruding service connections, crushed or collapsed pipe, and reductions in the cross-sectional area
of more than 40% that will prevent the insertion of the resin-impregnated tube. If inspection reveals
an obstruction that cannot be removed by conventional sewer cleaning equipment, then a point repair
excavation shall be made to uncover and remove or repair the obstruction. Point repairs shall be
performed by the City.
5. Resin Impregnation - The tube should be vacuum-impregnated with resin (wet-out) under controlled
conditions. The volume of resin used should be sufficient to BIl all voids in the tube material at nominal
thickness and diameter.
6. Bypassing - Bypassing shall be used for this project. When bypassing of the flow is required around the
sections of pipe designated for reconstruction, the bypass shall be made by plugging the line at a point
upstream of the pipe to be reconstructed and pumping the flow to a downstream point or adjacent
system, as approved by the City. The pump and bypass lines shall be of adequate capacity and size to
handle the flow. Services with this reach will be temporarily out of service.
7. Public advisory services will be required to notify all parties whose service laterals will be out of
commission and to advise against water usage until the mainline is back in service.
B. Inversion:
1. Using Hydrostatic Head - The wet-out tube shall be inserted through an existing manhole or other
. approved. access by means of an inversion process and the application of a hydrostatic head sufficient
.to. fully. extend it to the next designated manhole or termination point. An alternative method of
installation is a top inversion. In this case, the tube is attached to a top ring and is inverted to fonn a
standpipe from the tube itself. Other methods shall be used. only upon acceptance by the engineer.
2 Using Air Pressure - The wet-out tube shall be inserted through an existing manhole or other approved
access by means of an inversion process and the application of air pressure sufficient to fully extend it
to the next designated manhole or termination point.
3. Required Pressures - Required pressures for inversion shall be in accordance with tube manufacturer's
recommendations. Should the pressure deviate from manufacturer's acceptable pressure range at any
point of the tube installation" the tube shall be removed from the existing conduit.
C. Lubricant - The use of a lubricant during inversion is allowed to reduce friction during inversion. .Lubricants
are to be poured into the inversion water in the down-tube or applied directly to the tube. Lubricants shall
be a nontoxic, oil-based product that has no detrimental effects on the tube, will not support the growth of
bacteria, and will not adversely affect the fluid to be transported.
D. Curing:
1. Using Circulating Heated Water - After inversion is completed, a suitable heat source and water re-
circulation equipment are required to circulate heated water throughout the pipe. The equipment should
be capable of delivering hot water throughout the section to unifcmn1y raise the water temperature above
the temperature required to effect a cure of the resin. Water temperature in the line during the cure
period should be as recommended. by the resin manufacturer. .
a The heat source should be fitted with suitable monitors to gage the temperature of the incoming and
outgoing water supply. Another such gage should be placed betWeen the impregnated tube and the
pipe invert at the termination to determine the temperatures during cure. ..
Page4of6
CT1 /16/02 8:06 AM
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Pipe Lining by Invcsioll
Secticm 027D1
b Initial cure will occur during temperature heat-up and is completed when exposed portions of the
new pipe appear to be hard and sound and the remote temperature sensor indicates that the
temperature is. of a magnitude to realize an exothec:n or cure in the resin. After initial cure is
reached, the temperature should be raised to the post cure temperature recommended by the resin
manufacturer, during which time the re-drculation of the water and cyc:1ing of the boiler to maintain
the temperature continues. The curing of the CIPP must take into ac:count the existing pipe material,
the resin system, and ground conditions (temperature, moisture level, and thermal conductivity of
son).
2 Using Steam - After inversion is comp~ suitable steam generating equipment is required to distribute
steam throughout the pipe. The equipment should be capable of delivering steam throughout the section
to UDiformly raise the temperature with the pipe above the temperature required to effect a cure of the
resin. The temperature in.the line during the cure period should be as recommended by the resin
manufacturer. .
c The steam generating equipment should be fitted with a suitable monitor to gage the temperature
of the outgoing steam. The temperature of the resin being cured should be monitored by placing
gauges between the impregnated tube and existing pipe at both ends to detemUne the temperature
during cure.
d Initial cme will oc:c:ur during temperature heat-up and is completed when exposed portions of the
MW pipe appear to be hard and sound and the remote temperature sensor indicates that the
temperature is of a magnitude to realize an exotherm or cure in the resin. After initial cure is
reached, the temperature should be raised to post-cure temperatures recommended by the resin
manufacturer. The post-cme temperature should be held for a period as recommended by the resin
manufacturer, during which time the distribution and control of steam to maintain the temperature
c:onti:nues. The curing of the CJPP must take into account the existing pipe material, the resin system
and ground conditions (temperature, moisture level and thermal conductivity of son).
. -
3. Required Pressures - Before the ~ begins, the pressure ~ to hold the flexible tube tight against.
the existing conduit shall be provided by the tube manufacturer. ~ the cure has started and dimpling
for laterals is completed, the required ~ shall be maintained until the cure has been completed.
Should the pressure deviate more than 1 psi (2.3 it of water) from the required pressure, the installed
tube shall be removed from the existing conduit If required by the owner, a continuous log of pressure
during cure shall be maintained. .
E. Cool-Down:
1. Using Cool Water .After Heated Water Cure - The new pipe should be cooled ~ a temperature below 100
degrees F (38 degrees C) before relieving the static head in the inversion standpipe. Cool-down may be
accomplished by the intrcc:luction of cool water into the inversion standpipe to replace water being
drained from a small hole made in the downstream end. Care should be taken in the release of the static
head so that a vacuum will not be developed that could damage the newly installed pipe.
2. Using Cool Water After Steam Cure - The ~ pipe should be cooled to a temperature below 113" degrees
F (45 degrees C) before relieving the intema1 pressure within the section. Cool-down may. be
accOl;lp1ished by the introduction of cool water into the section to replace the mixture of air and steam
being drained from a small hole made in the downstream end. Care should be taken in 1he release of the
air pressure so that a vacuum will not be developed that could damage the newly h\stalled pipe.
F. . Worlananship - The finished pipe should be continuous over the entire length of an inversion nm and be free
of dry spots, lifts, and d,.l"""tTultions. If these conditions are present, remove and replace the CIPP in these
areas.
Page 5 oiG
01/16/O'J. 8:06 AM
-
-
Pipe LiDinS by InYUsiDIl
Section 02701
1. If the CIPP does not fit tightly against the original pipe at its temUnation point(s), the space between the
pipes should be sealed by filling with a resin mixture ~ompatible with the CIPP.
G. Liner Sealing - After the new pipe has been cured in place, the liner shall be sealed at each manhole. The
annular space between the inversion liner and manhole wall shall be sealed watertight, such that
groundwater intrusion between the existing line and inversion liner c:arm.ot enter either temUnus manhole.
Sealant shall be as recommended by the lining system manufacturer, and as installed by the contractor.
Sealant shall be warranted as the liner sysb:ul.
It Service Cormect:ions - .After the new pipe has been cured in place, the existing active service COIlI\ections
should be recOJUlected. This should generally be done without excavation; service cormections shall be made
by use of a television camera and a remote control cutting device in the case of non-man entry pipes.
Testing
A. The preparation of two CIPP samples for each inversion length shall be provided (one from each of the
following two methods) if requested by the City: .
1. The sample should be cut from a sectian of cured CIPP at an inte1mediate manhole or at the termination
point that has been inverted through a like diameter pipe which has been held in place by a suitable heat
sink. such as sandbags.
2. The sample should be fabricated fmm. material taken from the tube and the resinl catalyst system used
and cured in a clamped mold place!:i in the downtube when c:irc:ulating heated water is used and in the
silencer when steam is used.
.3. The samples for 1. And 2. Above should be large enough to provide a minimum of three specimens and
a recommended five specimens for flexural testing and also for tensile testing, if applicable. The
fonowing test procedures should be followed after the sample is cured and removed.
a Short. Tem!. Flexural (Bending) Properties - The initial tangent flexural modulus of elasticity and
flexural stress should be measured for gravity and pressure pipe applications in accordance with Test
Methods D 790 and should meet the requirements of Section 201.
b Tensile Properties - The tensile strength should be measured for pressure pipe applications in
accordance with Test Method D 638 and must meet the :equirements of Section 2.01.
B. Delamination Test - If required by the owner in theCOlltract documents or purchase order, a delamination
test shaD. be performed on ~ invemion length specified. The purchaser may designate the dissimilar layers
between which the delamination test will be conducted. The peel or stripping strength between any non-
homogeneous layers of the CIPP laminate should be a minimum of 10 lb/in. (178.60 g/mm) of width for
typical CIPP applications.
C. Inspection and Acceptance - The ir1stallation shall be inspected by closed-circ:uit television. Variations from
true line and grade may be inherent because of the conditions of the original piping. No infiltration of
groundwater should be observed. AU service entrances should be accounted for and be lmobsttucted. In the
event infiltration is observed from laterals during inspecticmr the contractor shall repair the infiltration by
grouting at no additional cost to the City.
Photographs and V1deo
A. For each line segment invemion lined, the contractor is required to perform a video inspection, both pre-and post
inversion lining, performed by closed-circuit television for acceptance. The video of all line segments shall be
submitted to the Oty of Largo on Digital Video Disc (OVD). The format used shall be sUch that the DVD is
Page 6 of6
r11/16/02 8:06 AM
Pipe LiDing by blvasicm
Seaian 0%701
playable on any commercially available consumerDVD player. The following technical requirements shall also
apply:
1. Digital format shall be a minimum of Motion Picture Experts Group (MPEG) Leve12.
2. All line segments shall be chapter indexed by starting manhole number.
3. Tw~ (2) sets of DVDs shall be submitted to the City.
END OF SEmON
Page 7 of6
""".~',.". ..-, ....
City Council
~~"""", Agend!., C~over Memorandum_,._~".."_",,,.,,,,,,
PS,-I
\ \. \3
Trackina Number: 1,005
Actual Date: 12/02/2004
Subject / Recommendation:
Approve Change Order No. 1 to Aquatic Plants of Florida, of Sarasota, Florida for the 2004 Kapok
Wetland and Floodplain Restoration Project (99-0085-EN) which increases the contract amount
by $29,637.70, for a new contract total of $183,663.81, and authorize the appropriate officials
to execute same.
Summary:
This contract was previously approved by the City Council on July 15, 2004 for $154,026.11.
There have been no previous change orders to this contract.
Change Order No. 1 will not extend the current planting contract. This change order covers the
removal and disposal of trees that had fallen into Alligator Creek as a result of the recent
hurricanes; and the replanting of specific denuded areas adjacent to the creek for soil
stabilization and erosion control.
The cost per the contract of $23,160.00 to remove the fallen trees will be charged to the FEMA
reimbursement project in the Special Program Fund project 0181-99927, Emergency Operations.
The City sought reimbursement for the removal and disposal of the trees through FEMA.
Sufficient budget and revenue are available in the 02 Stormwater Bond Construction Fund
project 0377-96141, Kapok Flood Resolution to fund the $6,477.70 for the replanting portion of
this change order.
A copy of the change order is available for review in the Official Records and Legislative Services
Office.
Originatina: Public Services
Section Consent Agenda
Category: Construction Contracts - Public Works Originating
Public Hearing: No
Financ::iallnformation:
~ Capital Expenditure
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Change Order # 1
~
City Council
Agertda Cover Memorand~m .~~'.~<<~<_______<e__.~~<",,<<<,,<"<___,,~"""<"<<<<<<
Budget Adjustment:
Yes
Budaet Adjustment Comments:
See summary section.
Appropriation Code(s)
0377-96141-563700-539-000
0181-99927-530300-529-000
Amount
$6,477.70
$23,160.00
Comments
Review Aporoval
Garv Johnson
Garry Brumback
11-19-2004 13:11:38
11-19-2004 14:10:34
12-05-2004 21:02:28
11-19-2004 13:24:47
12-06-2004 08:40:29
11-19-2004 13:43:00
12-03-2004 09:48:24
Brvan Ruff
Bill Horne
Georoe McKibben
Cvndie Goudeau
Tina Wilson
___~"""'AMr ~ '-_""'<<~___"iOnW,W-=<<;<<~j:~:~i_':<_:":;""""~=_,"ilM>!M,,-';.:l'''''';'''''
CHANGE ORDER #1
DATE:
November 11, 2004
PROJECT: Kapok Wetland and Floodplain
Restoration Project
PROJECT NUMBER:
02-0085-EN
PO REFERENCE NO.:
69938967
CONTRACTOR: Aquatic Plants of Florida
8120 Blaikie Court
Sarasota, FL 34240
DATE OF CONTRACT:
July 15, 2004
SCOPE OF CHANGE:
CODE: 0377-96141-563700-539-000-0000
0181-99927-530300-529-000-0000
THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT
Additional Items
Quote 14744 Removal and Disposal at Landfill of Hurricane Damaged
Trees at Alligator Creek
$23,160.00
Quote 14800 Re-Planting along Alligator Creek for soil stabilization and
Erosion control in cleared areas.
$ 6,477.70
TOTAL INCREASE +
$29,637.70
STATEMENT OF CONTRACT AMOUNT
ACCEPTED BY:
ORIGINAL CONTRACT AMOUNT
CHANGE ORDER #1
NEW CONTRACT AMOUNT
$154,026.11
$ 29,637.70
$183,663.81
AUQATIC PLANTS OF FLORIDA
By
Gilbert Sharell
(Seal)
Brian J. Aungst, Mayor-Commissioner
Date:
Bryan D. Ruff, Asst. City Attorney
(Approved as to form)
WITNESSES:
ATTEST:
Cynthia E. Goudeau, City Oerk
Date:
Recommended By:
CITY OF CLEARWATER, in
PINELLAS COUNTY, FLORIDA
Gary A. Johnson, CGC
Public Services Director
William B. Horne II, City Manager
990085CO#1 Kapok Wetland - Aquatic Plants. doc
Michael D. Quillen, P.E.
City Engineer
PLU -3
City Council
~genda COv~!~_~emoran!lu m .~-~~~"*-<<-~_<<._.~..~~~__~"W~.<<_<~_w<____~
\\.\L\
Tracking Number: 1,030
Actual Date: 12/16/2004
Subject / Recommendation:
Approve a work order in the amount of $295,190 to Wade-Trim, an Engineer of Record, for
professional services to prepare the City's Evaluation and Appraisal Report (EAR) of the
Comprehensive Plan and increase the Capital Improvement Program budget by $215,392 of
general fund revenue, $29,519 of water and sewer revenue, $29,519 of stormwater revenue,
$14,760 of marine and aviation revenue and $6,000 of solid waste revenue, for a total increase
of $295,190, and authorize the appropriate officials to execute same.
Summary:
Florida planning and growth management law requires local government comprehensive plans to
be evaluated every seven years. The City of Clearwater is required to prepare this evaluation,
known as the Evaluation and Appraisal Report (EAR), and submit it to the State of Florida by
October 1, 2006. The Planning Department is requesting that a contract be awarded to
Wade-Trim, an Engineer of Record, in the amount of $295,190 to prepare this required report.
Funding for the project will be as follows:
Water and Sewer Fund $ 29,519
Stormwater Fund $ 29,519
Marine and Aviation Fund $ 14,760
Solid Waste Fund $ 6,000
General Fund $215,392
$295,190
Funding from the enterprise operations in the total amount of $79,798 will be provided by first
quarter amendments allocating the appropriate funds from retained earnings of the
above-mentioned funds. Funding for the General Fund portion of the project in the amount of
$215,392 will be provided with the return to the General Fund of funds from closed project
181-99599, Infill Housing Development Program, and the reappropriation of these funds to the
Evaluation and Appraisal Report, project 315-94831. Attached please find a memorandum that
details the EAR process and Wade-Trim's qualifications and scope.
Orioinating: Planning
Section Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
Tvoe: Capital Expenditure
Bid Required? No
_~'<<"'''___~~>>1>>lW-4''_~>>W;__~'lN4'f<<j~=~jo)j'''_';;'_>>=<~~,~;_-"
~~.. .. .... ..t . .... City Council
a er
m .. ............ ....~__~enda C;:.over Memorandum
Bid Exceptions:
Sole Source
In Current Year Budget?
No
Budget Adjustment:
Yes
Budget Adjustment Comments:
First quarter amendments
Current Year Cost:
$295,190.00
Annual Operating Cost:
$0.00
For Fiscal Year:
10/01/2004 to 10/30/2006
Total Cost:
$295,190.00
Not to Exceed:
$295,190.00
Appropriation Code(s)
0-315-94831
Amount
$295,190.00
Comments
none
Review Approval
Cvndi Taraoani
11-30-2004 13:46:39
12-06-2004 15: 12:05
11-30-2004 14:02:42
12-06-2004 09:33:26
11-30-2004 15:09: 16
12-06-2004 11:51:52
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Bryan Ruff
Bill Horne
'-'-
o
>-
o
TO:
Bill Home, City Manager
FROM:
Cyndi Tarapani, Planning Director
DATE:
November 29, 2004
RE:
Award Contract to W ade- Trim to Prepare Evaluation and Appraisal
Report
Background
In 1985 the Legislature adopted the Florida Growth Management Act (Chapter 163, Part
II, Florida Statutes, The Local Government Comprehensive Planning and Land
Development Regulation Act). This Act requires that all Florida counties and
municipalities adopt a Local Government Comprehensive Plan to guide future growth
and development. Comprehensive plans contain chapters or "elements" that establish the
City's goals, objectives and policies with regard to future land use, housing,
transportation, infrastructure, coastal management, conservation, recreation and open
space, intergovernmental coordination, and capital improvements.
In Clearwater, the City Council's vision sets the overriding framework for the City and
the comprehensive plan provides policy direction to obtain that vision. The plan is a
legal document, adopted by ordinance and is implemented in numerous ways.
Specifically the City's Community Development Code, annual budget, 5-year capital
budget, special area plans and the Penny for Pinellas project list are the City's tools to
implement the comprehensive plan. The attached diagram illustrates this relationship.
Evaluation and Appraisal Report
The State of Florida mandates that each comprehensive plan be evaluated on a regular
basis and such report be submitted to the State. In the past, this Evaluation and Appraisal
Report (EAR) was required to be submitted every five years and the Florida
Administrative Code prescribed its content. Legislation was adopted in 1998 that
changed the focus of the EAR, as well as the time frame in which it is to occur. The EAR
must now be performed every seven years and local governments must evaluate only
those issues that pertain to and affect the local jurisdiction, instead of a State prescribed
1
set of issues. Additionally, each comprehensive plan element as a whole must be
evaluated as to its successes or shortcomings.
The City of Clearwater's EAR is due to the State on October 1, 2006 and is the first step
in updating the comprehensive plan. The purpose of the EAR is to:
· Identify major issues for the community;
· Review past actions ofthe City in implementing the plan since the last EAR;
· Assess the degree to which plan objectives have been achieved;
· Assess both successes and shortcomings ofthe plan;
o Identify ways that the plan should be changed
o Respond to changing conditions and trends affecting the community
o Respond to the new data
o Respond to changes in state requirements regarding growth management
and development
o Respond to changes in regional plans; and
· Ensure effective intergovernmental coordination.
The EAR is not intended to result in an entire rewrite of the comprehensive plan like in
previous EARs. There are certain required elements of the EAR but the remainder is
based mainly on issues identified by the local community. The issues required to be
addressed/discussed in the EAR are as follows:
· Population changes since the plan was adopted and a comparison of actual
changes with projected changes;
· Land area changes, including annexation, since plan was adopted;
· Amount and location of vacant land and its suitability and availability for
development;
· Extent to which the community has been able to meet the demands of growth on
infrastructure, maintain level of service standards, provide public services and
facilities, concurrency management, and the financial feasibility of the plan;
· Discussion of whether development has located where it was anticipated in the
plan as originally adopted or last amended;
· Assessment ofthe success of coordinating land use and school facilities planning,
including use of joint population projections;
· Evaluation of plan with respect to the water management district's plan;
· Evaluation of need to revise potable water element to include long-range water
supply facilities workplan;
· Evaluation of whether past reductions in land use density in coastal high-hazard
areas impair the property rights of current residents when redevelopment occurs;
· Identification and evaluation of local issues;
· Assessment of the successes or shortcomings of each plan element; and
· Identification of changes needed in plan to respond to changes in state and
regional laws, rules, and policies.
2
The EAR preparation process must comply with the following process:
· Conduct local workshop(s) to identify issues;
· Prepare list of issues agreed upon in workshop;
· Conduct "scoping" meeting with adjacent local governments, the county, state
and regional agencies (due Aug. 2005);
· Prepare a letter documenting the meeting and those who attended to gain their
input;
· Submit issues list to DCA and request letter of understanding;
· Obtain letter of understanding from DCA on issues;
· Prepare EAR;
· Local Planning Agency (Community Development Board) conducts at least 1
public hearing;
. Make any necessary revisions;
· City Council review and transmit EAR to Department of Community Affairs
(DCA) 90 days before due date (June 30, 2006). The DCA must respond in 30
days after report is received. Also send to other required state and regional
agencIes;
· Receive comments from DCA;
· Revise draft as needed and produce final EAR;
· City Council holds public hearing and adopts EAR (EAR may be adopted no
more than 90 days prior to schedule adoption due date re: no earlier than July 1,
2006);
· Transmit the adopted EAR to DCA and reviewing agencies;
· Preliminary comments from DCA regarding determination of sufficiency (within
60 days after DCA receives EAR);
· Finding of Sufficiency or Finding of Not Sufficient (within 3 months after DCA
receives EAR); and
· If EAR found insufficient, additional work and/or negotiations with DCA will be
required.
Once the EAR is complete, the necessary amendments to the comprehensive plan must be
prepared and submitted to DCA within 12 months after findings of sufficiency and
adopted within 18 months of sufficiency (July 2008). The proposed amendments will be
a separate project and are outside the scope of this agenda item.
The Planning Department began researching the new EAR requirements this past summer
to determine the best way in which the City could comply with State requirements.
Staff researched other communities and found that the new EAR process had been
employed by a relatively small number of counties. The first EARs were due to the State
on August 1, 2004 and included Sarasota, Lee, Miami-Dade, Broward, Hernando and
Monroe. These counties had the staffing capability to prepare the EAR in-house. Pasco
County also has prepared its EAR and W ade- Trim, with a team of four other consultants
prepared it. Most EARs are not due for Florida cities until 2005 or later.
3
As is evidenced above, the EAR is a very intensive planning process and requires a
significant amount of time and work to accomplish. To gain a better understanding ofthe
new EAR process, the Planning Department met with W ade- Trim staff several times over
the summer. W ade- Trim provided the Department with a significant amount of
information about the new EAR requirements and process and discussed how the. firm
handled this project for Pasco County.
Due to current work priorities, including numerous downtown plan implementation
projects and the Old Florida District study, the Planning Department determined it was
unfeasible to prepare the EAR in-house. Because W ade- Trim has prepared an EAR
based on the new State requirements and because W ade- Trim is an Engineer of Record,
the Planning Department requested that the firm submit a scope and fee to prepare the
Clearwater EAR.
Wade-Trim proposes to develop the EAR through 5 major tasks, two of which center on
staff and community input. A Citizen Advisory Committee (CAC) is proposed to be
established to be the primary forum for public input in the development of the EAR. It is
through this Committee, along with city staff, other governmental agencies, and the City
Council that the local issues will be developed (3rd task). The fourth task will result in the
development of the State required review and analysis. All issues outlined on page three
of this memorandum will be addressed and all data analysis will be prepared for the
entire City, as well as for each of the City's seven Neighborhood Districts. The final
task involves the preparation of the draft EAR and guidance through the required
adoption process.
The proposed scope meets the requirements of the State and will enable a significant
amount of community input. It involves a total of 3468 task hours at a contract amount
of $295,190 over 22 months. The extent of professionals to be involved in the project
includes planners, engineers, and technical and administrative personnel. Due to Wade-
Trim's full service capability, the consultant can also draw on other specialized
professional experience if needed. Twenty-seven percent ($79,798) of the project cost
can be funded by several enterprise operations. This amount will be provided by first
quarter amendments allocating the appropriate funds from retained earnings from the
water and sewer, stormwater, marine and aviation and solid waste funds. The remaining
$215,190 can be funded from the General Fund through a reappropriation of funds from
the closed Infill Housing Development Program project (181-99599). Below is a list of
the funds and corresponding amounts that will be used to support this project.
Water and Sewer Fund
Stormwater Fund
Marine and Aviation Fund
Solid Waste Fund
General Fund
$ 29,519
$ 29,519
$ 14,760
$ 6,000
$215.392
$295,190
4
The EAR is a significant project that will identify successes and failures of the current
comprehensive plan. It will also identify changed conditions that need to be addressed.
Furthermore, significant changes in policy have occurred that are not reflected in the
current comprehensive plan that must be discussed. For example, the current
comprehensive plan does not adequately address the City's new redevelopment and pro-
economic development philosophy. The plan also does not address issues such a
annexation and land use plan amendments. The EAR will lay the groundwork for all
needed comprehensive plan amendments that must be submitted to the State in 2008.
Based on Wade-Trim's experience with the new EAR requirements, local knowledge of
Clearwater, competence of planning work and current status as an Engineer of Record,
the Planning Department recommends that City Council award a contract to W ade- Trim
to prepare the EAR.
As stated earlier, the comprehensive plan provides the foundation for most work in the
city. For cost comparison purposes, below please find a list of recent major single-issue
plans and/or projects and their respective costs.
Master Water Plan
Master Airpark Plan
Alligator Creek Watershed Management Plan
Stevenson Creek Watershed Management Plan
Beach by Design/Draft Downtown Plan
Downtown Streetscape Construction Drawings
Parks and Recreation Master Plan
$471,941
$275,000
$500,000
$559,621
$445,900
$371,828
$ 80,000
5
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