INVITATION FOR BID - Gulfport, Florida · 2020. 1. 22. · Invitation for Bid Williams Fishing Pier...

INVITATION FOR BID WILLIAMS FISHING PIER REHABILITATION

January 26, 2020

Invitation for Bid Williams Fishing Pier Rehabilitation

Document Information Prepared for City of Gulfport

Project Name Williams Fishing Pier Rehabilitation

Project Number 00167-001-08

Project Manager Christopher P. Gamache

Date January 21, 2020

Prepared for:

City of Gulfport 2401 53rd Street S. Gulfport, Florida 33707

Prepared by:

Cardno, Inc. 380 Park Place Boulevard #300, Clearwater, Florida 33759

January 21, 2020 Cardno, Inc. Bid Package.docx


CITY OF GULFPORT INVITATION FOR BID

WILLIAMS FISHING PIER REHABILITATION

Sealed bids for furnishing necessary labor, materials, incidental items and equipment for Williams Fishing Pier Rehabilitation will be received at the City of Gulfport, Council Chambers, 2401 53rd Street South, Gulfport Florida 33707, in Pinellas County, until 1:00 PM, Monday February 24, 2020, local time, at which time and place all bids will be publicly opened and read aloud. Bids must be sealed and marked "Williams Fishing Pier Rehabilitation".

Specifications and contract documents may be obtained from the Gulfport Public Service Building, City of Gulfport, 5330 23rd Avenue South, Gulfport, Florida 33707, upon payment of a nonrefundable fee of $100.00 per set. Alternatively, electronic version of the specifications and contract documents can be retrieved from the City’s website (under services) at http://mygulfport.us/bids/. There will be a mandatory pre-bid meeting on Monday February 3 at 1:00 PM, local time, Gulfport City Council Chambers, City of Gulfport, 2401 53rd Street South, Gulfport, FL 33707. Sealed bids must be submitted on proposal forms as provided (or exact copies thereof).

Bids may be withdrawn prior to the date of opening, but no bid may be withdrawn for a period of sixty (60) days after the date of opening. Bids must conform to the specifications and instruction to the Bidders. Any deviation from the specifications must be shown.

The City reserves the right to accept or reject any and all bids, to accept bids in any order or combination, to re-advertise, to accept the bid which is deemed in the best interest of the City, and to waive any informalities or technicalities on bids. The decision as to what constitutes a technicality shall rest solely with the City of Gulfport, Florida.

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 public 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 TWO for a period of 36 months from the date of being placed on the convicted vendor list.

Persons with disabilities requiring reasonable accommodation to participate in this proceeding / event should call (727) 893-1013 (voice/TDD) or FAX (727) 893-1008, not later than seven days prior to the proceeding.

Lesley DeMuth, City Clerk

January 21, 2020 Cardno, Inc. Invitation for Bid ii Bid Package.docx

http://mygulfport.us/bids/


Table of Contents

Part A Information to Bidders

Section 1 Information to Bidders 2

Reference Information 14

Statement of “No Bid” 15

Insurance Requirements Checklist 16

Section 2 Form of Bid 17

Section 3 Selection 19

Section 4 Award of Bid 20

Section 5 Scope of Services 21

Section 6 Contract Documents 22

Part B Technical Specifications

Section 1 Special Provisions 52

Section 2 Additional Technical Specifications 64

Part C Forms

Section 1 Bid Tabulation Form

Proposal Signature Form

Section 2 Public Entity Crime Form

Part D Southwest Florida Water Management District Permit Exemption

Part E Existing Plans

January 21, 2020 Cardno, Inc. Table of Contents iii Bid Package.docx


Part A – Information to Bidders

(Page Intentionally Left Blank)

January 21, 2020 Cardno, Inc. Part A – Information to Bidders 1

Bid Package.docx


Section 1. Information to Bidders

1.1 Scope

The scope of this project comprises rehabilitation of the Williams Fishing Pier for the City of Gulfport, Florida as further described in the contract documents.

1.2 Definitions (as used herein)

a. The term “Invitation for Bid” means a solicitation of formal sealed bids. The acronym “IFB” means Invitation for Bid.

b. The term “bid” means the offer as a price by the bidder.

c. The term “bidder” means the offeror.

d. The term “Change Order” means a written order signed by the City Manager or authorized representative directing the vendor to make changes to a contract of purchase order resulting from the IFB.

e. The term “City” means the City of Gulfport, Florida.

f. The term “City Council” means the governing body of the City of Gulfport, Florida.

g. The term “F.O.B.” means Freight On Board.

1.3 Preparation 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 is

January 21, 2020 Cardno, Inc. Information to Bidders 2 Bid Package.docx


to 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 furnish 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, shipping, overhead and profit 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 delivery of supplies or performance of services.

g. Additional or alternate bids, unless specifically requested, will not be accepted.

h. The bidder should retain a copy of all bid documents for future reference.

i. All bids must be signed with the firm name by an officer or employee having authority to bind the company or firm by his/her signature.

j. Upon award of the bid, the successful bidder must provide a payment and performance bond in the form identified in the bid package, within ten (10) days of the bid award date.

1.4 Submission and Receipt 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 furnished, upon request.

b. 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.

c. The City of Gulfport is not responsible 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.

d. Bids submitted by telephone or FAX will not be accepted.

e. 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

January 21, 2020 Cardno, Inc. Information to Bidders 3

Bid Package.docx


samples, at their expense, within thirty (30) days after notification. Failure to remove samples will result in the samples becoming the property of the City.

f. Failure to follow these procedures is cause for rejection of bid.

g. Bids having any erasures or corrections must be initiated by the bidder in ink. Bids shall be signed in ink. All bid amounts shall be typewritten or filled in with ink.

h. The City reserves the right to reject any or all bids received, to waive any irregularities in the bids received, or to accept the bid which best serves the interest of the City of Gulfport.

1.5 Acceptance of Offer

The signed bid shall be considered an offer on the part of the bidder; such offer shall be deemed accepted upon issuance by the City of a Purchase Order or other contractual document. The successful bidder shall be required to execute an agreement for construction services attached to this bid and incorporated therein as Exhibit A.

1.6 Clarification and Addenda

Any inquiries, suggestions, or requests concerning interpretation, clarification, or additional information pertaining to the Bid shall be made through the City of Gulfport no less than five (5) business days before the scheduled bid opening date. The City shall not be responsible for the 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 information 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 Gulfport at 727-893-1089, to determine if addenda were issued and make such addenda a part of the Invitation for Bid.

1.7 Firm Prices

The bidder 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 performed over a period of time. Additionally, and if mutually agreed by both parties, applicable unit prices may be applied to additional work outside the scope of the project for a period of two (2) years.

1.8 Estimated Quantities

Whenever a bid requests prices to be firm for the period of performance, should quantities or usages be shown, they are estimated only with no guarantee made by the City that these quantities shall be purchased. The quantities shown are for the bidder’s information only.



1.9 F.O.B. Gulfport, Florida

Unless otherwise specified in the IFB, all prices quoted by the bidder must be F.O.B. Gulfport, Florida with all delivery costs and charges included in the bid price. Failure to do so may cause rejection of bid.

1.10 Award

The contract of purchase order shall be awarded by the 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 perform the contract or provide the service required;

b. Whether the bidder can perform 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.

j. The City reserves the right to accept or reject any or all bids or parts 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.

l. The City reserves the right to terminate the contract within thirty (30) days written notice of intent.

1.11 Brand Names

If and whenever 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 EQUAL is added. However, if a product other than that 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 form of samples may be requested if the brand



being bid is other than specified by the City. Such samples are to be furnished after the date of bid opening only upon request of the City. If samples should be requested, the City must receive such samples no later than four days after formal request is made.

1.12 Variations of Specifications

For purposes of bid evaluation, the bidder must indicate any variances from these specifications and/or conditions, no matter how slight. 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.

1.13 Material Quality

All materials, supplies, 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.

1.14 Acceptance 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 and/or service is made, and thereafter is accepted to the satisfaction of the City. It must comply with the terms herein and be fully in accordance with the specifications and of the highest quality. In the event the materials and/or services supplied to the City are found to be defective or do not conform to specifications, the City reserves the right to cancel the order upon written notice to the bidder and return product to bidder at the bidder’s expense.

1.15 Timely Delivery

Time 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.

1.16 City Indemnification Regarding Patent & Copyright

The Vendor, in accepting this order, agrees to indemnify the City and hold it harmless 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 goods and payment therefore by the City



1.17 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 is financially interested, directly or indirectly, in the purchase of the goods or services specified on this order.

1.18 Public Entity 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 public 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 TWO for a period of 36 months from the date of being placed on the convicted vendor list.

1.19 Options

When the City requests bids with options regarding the extent of services to be provided, the City requests that all 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.

1.20 Subcontracting

Where proposers do not have the “in-house” capability to perform work desired, or to provide a product as specified, in the Bid, subcontracting may be permitted with prior knowledge and approval of the City. The City must be assured and agree that any proposed subcontractor(s) can perform the work or provide 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.

1.21 Taxes

The City of Gulfport 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, and effective October 01, 1988. Exemption certificates will be provided upon request.

1.22 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.



1.23 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 contractor responsible for any excess costs occasioned or incurred thereby.

1.24 Modification for Changes

No agreement or understanding to modify this IFB and resultant purchase orders or contract shall be binding upon the City unless made in writing by the City Manager or authorized representative of the City of Gulfport.

1.25 Order of Precedence

In the event of an inconsistency between provisions of the IFB, the inconsistency shall be resolved by giving precedence in the following order:

a. Special Provisions.

b. The Project Construction Plans.

c. Instructions to Bidders and General Instructions.

d. Other provisions of the contract, whether incorporated by reference or otherwise.

e. The Specifications.

1.26 Examination of Records

The bidder shall keep adequate records and supporting documentation applicable to the subject matter of this bid to include, but not 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 dates/times of pick-up or delivery. 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, claims, or audit is started before the expiration of the one (1) year from the date the bid is completed and accepted by the City. If any litigation, claim, or audit is started before the expiration of the one (1) year period, the records shall be retained until all litigations, claims, or findings, 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 normal business hours and shall be at City expense. Bidders shall be authorized to retain microfilm or electronic 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 notify any such subcontractor(s).



1.27 Occupational Health and Safety

In compliance with Chapter 442, Florida Statutes, a Material Safety Data Sheet (MSDS) must accompany any item delivered to the City resulting from this bid. The MSDS must be maintained by the user agency and must include the following information:

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, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances.

d. The emergency procedure for spills, fire, disposal and first aid.

e. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information.

f. The year and month, if available, that the information 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: Don Sopak.

1.28 Safety 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.

1.29 Indemnification, Insurance and Bonds

a. Indemnification

To the fullest extent permitted by law, for Ten and 00/100 Dollars ($10.00), acknowledged to be included and paid for the Contract Amount, and other good and valuable consideration, the Contractor shall indemnify and hold harmless from and pay on behalf of the Owner, Engineer and their agents and employees all claims, damages, losses, and expenses, including, but not limited to, attorney’s fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss, or expense;

> is attributable to bodily injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting there from; and

> is caused in whole or in part by any negligent act or omission of Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone



for whose acts he may be liable, regardless of whether or not it is caused in part by a party indemnification hereunder.

> Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity, which would otherwise exist as to any party or person, described in this Section. Nothing contained herein shall be construed as a waiver of any immunity from or limitation of liability the owner may have under this doctrine of sovereign immunity or Section 768.28, Florida Statutes. The obligations of the Contract under this Article shall not extend to the liability of Engineer, his agents, or employees arising out of:

> the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specifications; and

> the giving of or the failure to give directions or instructions by the Engineer, his agents, or employees providing such, giving or failure to five is the primary cause of the injury or damage.

b. Waiver of Subrogation

The Owner and Contractor waive all rights against each other for damages caused by perils coverage by insurance provided under this Agreement to the extent covered by such insurance, except such rights as they may have to the proceeds of such insurance held by the Owner and the Contractor as trustees. The Contractor shall require similar waivers from all subcontractors and their subcontractors and suppliers.

The Owner and the Contractor waive all rights against each other for loss or damage to equipment used in connection with the Project and covered by any property insurance. The Contractor shall require similar from all subcontractors and their subcontractors and suppliers.

The Owner waives subrogation against the Contractor on all property and consequential loss policies carried by the Owner on adjacent properties and under property and consequential loss policies purchased for the Project after its completion.

If the insurance policies referred to in this Section require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owner of such policies will cause them to be so endorsed; failure to obtain endorsement nullifies the waiver of subrogation.

c. Contractor’s Insurance

The Contractor shall not commence any Work in connection with this Agreement until he has obtained all of the following types of insurance and such insurance has been approved by the Owner, has named the Owner as an additional insured, except for Worker’s Compensation Coverage, nor shall the Contractor allow any Subcontractor to commence Work on his subcontract until all similar insurance required of the Subcontractor has been so obtained.

Such insurer shall have a currently valid Certificate of Authority issued by the State of Florida, Department of Insurance authorizing it to write insurance policies in the State of Florida and be doing business in the State of Florida. Insurers shall have at least a



Policy Holders Rating of A-, and Financial Rating of at least IV as identified in the latest issue of “Bests Key Rating Guide” unless otherwise accepted by the Owner in writing.

The Contractor’s insurance, and the insurance of any other party bound to the Contractor, shall be considered primary. The Owner’s insurance, if any, shall be considered excess, as may be applicable to claims, which arise out of indemnification’s insurance, certificates of insurance and any additional insurance provisions of this Agreement.

d. Loss Deductible

The Owner shall be exempt from, and in no way liable for, any sums of money that may represent a deductible in any insurance policy. The payment of deductibles shall be the sole responsibility of the Contractor.

e. Subcontractor’s Insurance

The Contractor shall require each of his Subcontractors to procure and maintain, during the life of the subcontract, insurance of the types specified in this Article or insure the activities of his Subcontractors in his policy as required in this Article.

f. Certificate of Insurance

The Owner shall be furnished proof of insurance coverage as follows:

> The name of the insured Contractor, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, and its termination date;

> Statement that the insurer will mail notice to the Owner and a copy to the Engineer at least thirty (30) days prior to any material changes in provisions, cancellation, renewal, or non-renewal of the policy;

> Certification of Insurance shall be in the form as approved by the Owner and such Certificate shall clearly state all the coverage’s required in this Article:

> If requested by the Owner, the Contractor shall furnish complete copies of his and his Subcontractor’s insurance policies, forms and endorsements; and

> Receipt of certificates or other documentation of insurance or policies or copies of policies by the Contractor or by any of its representatives that indicate less coverage than required by the Contract Documents does not constitute a waiver of the Contractor’s obligations to fulfill the requirements of this Article.

g. Worker’s Compensation Insurance

The Contractor shall take out and maintain, during the life of this Agreement, Workers' Compensation and Employer's Liability Insurance and Longshore, Harbor Workers Compensation insurance for all his employees connected with the Work of this Project, and in case any Work is sublet, the Contractor shall require the Subcontractor similarly to provide Workers ' compensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply with the Florida Workers' compensation Law. In case any class of contract at the Project Site is not protected under the Workers' Compensation statute, the Contractor shall provide adequate insurance, satisfactory to Owner for the protection of employees not otherwise protected.



h. Liability Insurance

The Contractor shall take out and maintain, during the life of this Agreement, Commercial General Liability and Commercial Automobile Liability Insurance which shall protect Owner from claims for damages for bodily injury and personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement, whether such operations are by himself or by anyone directly or indirectly employed by him, and the amount of such insurance shall be minimum limits as follows:

Commercial General Liability:

> Minimum Coverage is $1,000,000 including a separate project aggregate limit of $1,000,000 for the contract.

> Coverage shall include premises, operations, products, completed operations, independent contractors, contractual liability covering this Agreement, contracts and leases, broad form property damage coverage’s, personal injury and bodily injury.

> The contractor is required to continue to purchase products and completed operations coverage for work performed under this Agreement for minimum of three (3) years following substantial completion.

> If Umbrella or Excess Liability coverage is used to satisfy the requirements of this Section, it shall not be more restrictive than the underlying insurance policy coverage’s.

Commercial Automobile Liability:

> Minimum Coverage is $500,000.

> Coverage shall include bodily injury and property damage arising out of ownership, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use.

i. Payment and Performance Bond

Contractor shall provide Owner with a Payment and a Performance Bond in the amount of the Contract Price within ten (10) days of the execution of an Agreement. Failure to provide the bond(s) shall result in the Agreement becoming null and void. No action on the part of the Owner shall be deemed to waive this requirement except a written amendment to the Agreement. Said bonds shall be in substantially the same form as in Section 255.05, Florida Statutes. Additionally, bonds must meet the following specifications:

> The surety company shall have a currently valid Certificate of Authority issued by the State of Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida and be doing business in the State of Florida;

> The surety company shall have a currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 and 9308, Title 31, of the United States Code;



> The surety company shall be in full compliance with the provisions of the Florida Insurance Code;

> The surety company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued; and

> The surety company shall have at least a Policy Holding’s Rating of “A-“ and

Financial Rating of at least IV in the latest issue of “Bests Key Rating Guide”.

Additionally, the subcontractor shall provide a payment and performance bond meeting the requirements specified above to the general contractor for the value of work included in that subcontractor’s scope or services.

Alternative forms of security as described in Section 255.05, Florida Statutes, are acceptable where approved by the Owner in writing.

1.30 Qualification of Bidders

A bidder may be required, before the award of any contract, to show 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.

1.31 Disqualification of Bidder

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.

1.32 Licenses and Permits

The Contractor shall possess all licenses and shall pay for and secure all permits and shall comply with all applicable laws, regulations and codes as required by the State of Florida, or by the City of Gulfport, unless indicated otherwise in the IFB. 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.

1.33 Additional Information

Additional information may be obtained from the Public Works Department, or from the individual(s) listed on the IFB cover letter. Administration (727) 893-1089; FAX (727) 893-1080.



CITY OF GULFPORT, FLORIDA REFERENCE INFORMATION

FOR

Williams Fishing Pier Rehabilitation

Organization

Contact Person

Address

City_________________________________ State_______________ Zip

Phone Number (______)

Project Cost___________________________________ Date Performed

Organization

Contact Person

Address

City_________________________________ State_______________ Zip



Organization

Contact Person

Address

City_________________________________ State_______________ Zip



Organization

Contact Person

Address

City_________________________________ State_______________ Zip



Representative Typed Name/Title

Representative’s Signature

Firm

January 21, 2020 Cardno, Inc. Reference Information 14 Bid Package.docx


CITY OF GULFPORT, FLORIDA STATEMENT OF NO BID

FOR Williams Fishing Pier Rehabilitation

IF YOU DO NOT INTEND TO BID ON THIS REQUIREMENT, PLEASE RETURN THIS FORM PRIOR TO DATE SHOWN FOR RECEIPT OF BIDS TO: CITY OF GULFPORT, OFFICE OF THE CITY CLERK, 2401 53RD STREET SOUTH, GULFPORT, FLORIDA 33707.

WE, THE UNDERSIGNED HAVE DECLINED TO BID FOR THE FOLLOWING REASON (S)

________ WE DO NOT OFFER THIS PRODUCT OR EQUIVALENT.

________ SPECIFICATIONS ARE TOO “TIGHT”, I.E. GEARED TOWARD ONE BRAND OR MANUFACTURER ONLY (PLEASE EXPLAIN BELOW).

________ UNABLE TO MEET SPECIFICATIONS (PLEASE EXPLAIN BELOW).

________ SPECIFICATIONS UNCLEAR (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” LETTER IS NOT EXECUTED AND RETURNED, OUR NAME MAY BE DELETED FROM THE LIST OF QUALIFIED BIDDERS FOR THE CITY OF GULFPORT FOR FUTURE PROJECTS.

Typed Name and Title

Company Name

Address

Signature

January 21, 2020 Cardno, Inc. Statement of No Bid 15 Bid Package.docx

____________________________________________________


CITY OF GULFPORT, FLORIDA INSURANCE REQUIREMENTS CHECKLIST

FOR Williams Fishing Pier Rehabilitation

Items marked “X” must be provided

General Liability Minimum Limits Required

X Commercial General Liability $ 1,000,000 General Aggregate Occurrence Form $__________ Product/Completed

Operations Aggregate $ 1,000,000 Personal & Advertising

Injury $ 1,000,000 Each Occurrence X Automobile Liability

Owned, Hired &Non-Owned $ 500,000 Combined Single Limit Per

Occurrence X Workers Compensation Statutory and Employer’s Liability $ 100,000 Each Accident $ 100,000 Disease - Policy Limit $ 500,000 Disease - Each

Employee Professional Liability Errors (*To be

completed by Bidder)

and Omissions $__________ Aggregate *Deductible: $ $__________ Each Claim *Claims Made (Y/N)__________ *Occurrence (Y/N)____________ *Defense included in Limits (Y/N)_______________ ___ Builder’s Risk/Installation Floater (*To be completed by bidder) *Flood $___________________Limit $__________ 100% of completed

or *Transportation Installed Value, All

$________________Limit Risk *Storage $___________Limit City Must be a named insured. Copy of Policy will be

Required. ___ Other

___ ________________________ $____________________________________ ___ ________________________ $____________________________________

X The Certificate of Insurance must show “The City of Gulfport, elected officials and employees” as an additional insured.

X Certificates must give the City of Gulfport 30days’ prior written notice of cancellation, non-renewal, or adverse change.

X Certificates must identify bid number and bid title.

Statement of Bidder:

We understand the requirements requested and agree to comply fully.

Bidder – Authorized Signature A completed copy of this form with original signature must accompany bid.

January 21, 2020 Cardno, Inc. Insurance Requirements Checklist 16 Bid Package.docx


Section 2. Form of Bid

This section identifies specific information, which must be included with each response. Each bid shall be arranged in binder with tabs identifying the response to each specific item. Bids must contain:

2.1 Minimum Qualifications

a. Bidder must have a minimum of five (5) years in business.

b. Minimum of one-year warranty.

c. Outside, independent laboratory testing is required on manufacturer’s product to be installed. This must be an original certified document from testing laboratory.

2.2 Administrative Submittal

a. Bid Signature Form.

2.3 Information to be Submitted

a. Description of the firm's background and size, include a statement of qualifications that include the firm's professional credentials and experience in providing the types of services enumerated in this Invitation to Bid. Also include a summary of the firm's current workload and evidence to reflect they satisfy the City’s requirement.

b. Identify each principle of the firm and the other "key personnel" who will be professionally associated with the City. Describe their respective area of expertise. Include personalized resumes, which identify the qualifications, training and experience of each key personnel.

c. Provide an executive summary of your proposed services and its key features such as materials used, installation preparation and installation, inspection, traffic control, warranty, work schedules, etc.

d. Provide the following Certifications with the bid package:

1. List any and all OSHA violations and fines.

2. Certified Drug Free Work Place.

e. Provide the following Certifications within 10 days of contract award:

1. OSHA Certified CPR and Emergency First Aid training for all personnel.

2. FDOT Maintenance of Traffic Intermediate Level Training Course training for required on site personnel.

January 21, 2020 Cardno, Inc. Form of Bid 17 Bid Package.docx


3. Continually provide safety training and enforcement to employees.

4. Annual renewals must be turned in to the City of Gulfport, Florida.

5. MOT training is on a four-year renewal. The renewals must be turned in to the City of Gulfport, Florida.

6. Clearly state each product to be utilized on this project and explicit warranty extended.

f. Submit any other additional information, which would assist the City in the evaluation of your bid. Include reference of services completed in last two years.

g. List equipment that will be used on this project.

h. If subcontractors will be used, list the company and what their role will be at the time of bid. No exceptions.

NOTE: The City reserves the right to make such investigation and solicit additional information on submittals, as it deems necessary to determine the ability of any bidder to perform the Scope of Services stated in this Invitation for Bid.

January 21, 2020 Cardno, Inc. Form of Bid 18 Bid Package.docx


Section 3. Selection

3.1 Evaluation Factors

Evaluation factors are warranty, price, and perceived ability of the Bidder to perform the Scope of Services as stated in this Invitation for Bid in the timeliest and most efficient manner, and the bid which will overall best meet the needs of the City as determined from the responses to this Invitation for Bid and subsequent investigation by the City.

3.2 Preliminary Ranking

A Selection Committee may determine from the response to this Invitation for Bid and subsequent investigation as necessary, the Bidder most susceptible of being selected for award.

3.3 Review of Bidders and Bids

Review shall be conducted with responsible Bidders who may be reasonably susceptible of being selected for award, for the purposes of clarification to assure full understanding of and conformance to the solicitation requirements, the abilities of the bidders, and the proposal submitted.

3.4 Award

Award of an agreement is subject to the approval of City Council.

January 21, 2020 Cardno, Inc. Selection 19 Bid Package.docx


Section 4. Award of Bid

4.1 General

The following general terms and conditions apply to the bid submitted for consideration.

a. The proposal will serve as a basis for executing an agreement.

b. Upon submission, all bids become the property of the City, which has the right to use any or all ideas presented in any bid submitted in response to this Invitation to Bid whether or not the bid is accepted.

c. All products and papers produced in the course of this engagement become the property of the city upon termination or completion of the engagement.

4.2 Agreement

The vote of the City Council shall be the determination of an award of an agreement. The selected bidder shall then be required to sign a formal agreement, in a form acceptable to the City

January 21, 2020 Cardno, Inc. Award of Bid 20 Bid Package.docx


Section 5. Scope of Services

The bidder shall provide the necessary personnel, material, equipment, supplies, transportation and services to do all things necessary for the construction of the Williams Fishing Pier Rehabilitation. The project includes, but not limited, to the following: concrete sidewalks; decorative paver sidewalks, decorative planters, concrete curb, concrete stairs, landscape and hardscape, sheet pile walls, restoration of existing pavement, installation of new pavement, maintenance of traffic, utility adjustments, erosion control and other incidental construction.

5.1 Required Services

a. The bidder shall provide all materials, labor, equipment, tools and devices required to construct the project. The bidder shall have the capability of performing City selected services. Use of subcontractors must be pre-approved by the City.

b. The bidder shall employ adequate staff to perform the services required, staff should include; Project Representative, Project Manager, Field Supervisor and Senior Foreman. Staff shall be proficient and experienced in all phases of services mentioned.

c. The bidder shall perform all work and shall be a licensed Contractor for these services.

d. The bidder shall provide services that include traffic control, including FDOT Index numbers, safety measures for both the public and workers and shall coordinate all scheduling with the City.

e. The bidder shall provide an introductory and organizational seminar regarding its services after award to selected City representatives.

f. The bidder shall work with the City in establishing priorities and in preparing work assignments.

g. The bidder shall be completely responsible for the control of the environment of the work site during on-site operations. All precautions shall be taken by the selected contractor to protect the workers, public and City staff from the exposure to harmful or hazardous substances.

h. The bidder shall mobilize and be on site within a maximum of fourteen (14) calendar days after notice to proceed. In the case of emergency, the bidder shall respond within two (2) hours of telephone notification to be followed by issuance of a written work assignment.

i. The bidder shall inform the City of its planned work schedules and shall afford the City reasonable opportunity to observe and inspect the bidder's work in process. The City will be advised of all schedule changes and notified when a work site is left for a 24-hour period when work is not complete. Working hours will be 7:00 a.m. to 3:30 p.m., Monday through Friday, unless otherwise approved by the City.

January 21, 2020 Cardno, Inc. Scope of Services 21 Bid Package.docx


Section 6. Contract Documents

This section identifies specific information regarding the Contract and General Conditions for Construction of the Williams Fishing Pier Rehabilitation.

This AGREEMENT made on the ____ day of _____________, 2020, BETWEEN the owner, CITY OF GULFPORT (herein after referred to as OWNER), 2401 53rd Street South, Gulfport, FL 33707 and the Contractor,

PROJECT: Williams Fishing Pier Rehabilitation

CONTRACTOR:

ENGINEER: Cardno, Inc. 380 Park Place Blvd Suite 300 Clearwater, FL 33759

The OWNER and CONTRACTOR agree as follows:

ARTICLE 1 - CONTRACT DOCUMENTS 1. Enumeration of Contract Documents

Contract Documents comprise this Agreement, the plans, drawings, specifications, project manual, addenda, and other materials contained in City of Gulfport Williams Fishing Pier Rehabilitation. Documents comprising Williams Fishing Pier Rehabilitation bid are incorporated into this Agreement by reference and are part of the Agreement as if attached or repeated herein. This Agreement represents the entire Agreement between the parties hereto and supersedes any prior negotiations, representations, agreements, or understandings, either written or oral.

2. Intent of Contract Documents Execution of the Contract by the contractor is a representation that the Contractor has become familiar with the Contract Documents and field conditions under which the Work is to be performed within the requirements of Work specified by the Contract Documents.

The headings of the sections of this Agreement and capitalization’s are for the purpose of convenience only and shall not be deemed to expand or limit the provisions contained in such sections.

3. Definitions Definitions are provided in Appendix 1 of this Agreement

ARTICLE 2 - SCOPE OF WORK The contractor shall execute the entire Work described in the Contract Documents.

ARTICLE 3 - COMMENCEMENT DATE The Commencement Date shall be established by the Owner and communicated to the Contractor in a Notice to Proceed (NTP) sent by registered mail to the Contractor’s place of

January 21, 2020 Cardno, Inc. Contract Documents 22 Bid Package.docx


business not later than 30 days following execution of the Contract, or receipt of proper permits from regulatory agencies having jurisdiction over the project, whichever is later.

The Contractor will not commence Work on the project until receiving a Notice to Proceed from the Owner.

ARTICLE 4 - SUBSTANTIAL COMPLETION DATE The Contractor shall commence work within 14 days from the date of Notice to Proceed. The contractor shall achieve Substantial completion of Work not later than XXXXXXX, 2020, subject to adjustments of the Contract Time as provided in the Contract Documents. The Contractor shall achieve Final Completion of the Work not later than 14 days after reaching Substantial Completion.

Time limits herein stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work.

ARTICLE 5 - CONTRACT AMOUNT The Owner shall pay the Contractor the sum of ________________________________

; subject to additions and deductions as provided in the Contract Documents for all Work described in Article 12.

ARTICLE 6 - LIQUIDATED DAMAGES The Contractor and Owner mutually agree that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and Owner, that the time for the completion of the Work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing.

If the said Contractor shall neglect, fail or refuse to complete the work within the time specified, or any proper extension thereof granted in accordance with this Agreement, then the Contractor does hereby agree, as a part of consideration for the award of this contract, to pay the Owner the amount of $200 for each calendar day beyond the Substantial Completion Date not as a penalty but as liquidated damages for such breach of Contract. Furthermore, the contractor agrees to pay the Owner the amount of $200 for each calendar day the Work that remains incomplete after the date established for Final Completion.

The said amount is fixed and agreed upon by and between the Contractor and Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain. Also, failure to meet requirements for substantial or final completion shall subject the Contractor to re-inspection fees as set forth in Section 9-C-16.

Both Liquidated Damages and Re-inspection Fees shall be implemented using a Deductive Change Order or Construction Change Directive.

ARTICLE 7 - PAYMENTS 1. Progress Payments

Based upon Applications for Payment submitted to the Engineer by the Contractor and Certificates for Payments issued by the Engineer, the Owner shall make progress payments on account of the Contract Amount to the Contractor as provided below and elsewhere in the Contract Documents.



The period covered by each Application for Payment shall be one calendar month ending on the last day of the month.

Provided an Application for Payment is received by the Engineer not later than the 15th day of the month, the Owner shall make payment to the Contractor not later than the last day of the month. If a valid Application for Payment is received by the Engineer after the Application date fixed above, payment shall be made 15 days after the Engineer received the Application for Payment.

Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents.

Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application of Payment.

Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

Take that portion of the Contract Amount properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Amount allocated to that portion of the Work in the Schedule of Values, less retainage of 10%.

Subtract the aggregate of previous payments made by the Owner.

The progress payment shall be further modified under the following circumstances:

Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to 90% of the Contract Amount less such amounts as the Engineer and owner determine for incomplete Work and unsettled claims.

2. Final Payment Final payment, comprising the entire unpaid balance of the Contract Amount, shall be made by the Owner to the Contractor when the Contract has been fully performed and accepted by the Owner. Furthermore, payment shall be made within 15 days of the Owner receiving a final Certificate of Payment from the Engineer.

3. Certifying a Schedule of Values The Bid Proposal must contain a Schedule of Values. Within 10 days after award of the Contract, the Contractor shall submit to the Engineer a Schedule of Values allocating the values of various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Engineer or Owner may require. The Schedule of Values shall be reviewed by the Engineer and approved by the Owner, and shall be used as the basis for reviewing the Contractor’s Applications for Payment, and any change orders as required.

The Schedule of Values shall include a cost breakdown matching the bid form and include unit prices for every line item as appropriate. These unit prices shall include all necessary overhead, profit, labor and materials as necessary to install the item.

4. Contractor Applications for Payment By the 15th of each month the Contractor shall submit to the City’s Representative an itemized Application for Payment in accordance with the Schedule of Values. Such



application shall be supported by date substantiating the Contractor’s right to payment as the Owner or Engineer may require. Payment shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation into work. If approved in writing by the Owner, payment may similarly be made for materials and equipment suitably stored off the site.

Applications for Payment not include:

> Payments on account of changes in the Work which have not been approved by the Owner in a Change Order; and

> Payment of amounts the contractor does not intend to pay to a Subcontractor or Supplier because of a dispute or other reason.

The Contractor warrants that the title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that all work, equipment and materials included in the Application for Payment are to the best of the Contractor’s knowledge, information and belief, free from liens, claims, security interests or encumbrances.

5. Certification of Payment Requests Within seven (7) days after receipt of a Contractor’s Application for Payment, the Engineer, in consultation with the Owner, will issue a Certificate for Payment for an amount the Engineer and Owner determines is due, or notify the Contractor in writing of the reasons for withholding certification. A Certificate of Payment shall not constitute acceptance of Work not in accordance with the Contract Documents.

Criteria for Withholding a Certificate for Payment The Engineer or Owner may withhold a Certificate for Payment in whole or in part if in the City’s opinion, the Contractor representations to the City are not supported. If the Contractor and the City cannot agree on a revised amount, the City will promptly issue a Certificate of Payment for the amount to which the City are able to certify payment. Certification may be withheld for these reasons:

> Defective Work not corrected;

> Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount;

> Damages owed to the Owner or others;

> Evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or estimated Liquidated Damages; or

> Persistent failure to carry out the Work in accordance with the Contract Documents.

When reasons for withholding certification are corrected, the Engineer and Owner will certify amounts previously withheld.

ARTICLE 8 - TERMINATION OR SUSPENSION OF THE CONTRACT 1. Termination by the Contractor

The Contractor may terminate the Contract if the work is stopped for a period of 60 days or longer for the following reasons:



> Issuance or a Stop Work Order by a court or regulatory agency having jurisdiction over the project; or

> An act of Government making materials or labor unavailable.

If any one of the reasons stated above exists, the Contractor shall be compensated as provided in this Agreement only for Work executed in accordance with the Contract Documents.

2. Termination by the Owner for Cause The Owner may terminate the Contract due to the Contractor’s inability to perform for these reasons:

> Refusal or failure to supply properly skilled workers or materials;

> Disregarding the laws, ordinances, or regulations of public authorities having jurisdiction over the Work; or

> Substantially breaching provisions of the Contract Documents.

If such conditions exist, the Owner may, without prejudice of any other rights or remedies of the Owner, after having given the Contractor and the Contractor’s surety seven days written notice, terminate the Agreement and, subject to any prior rights or the surety:

> Take possession of the site and materials, equipment, tools, and machinery thereon owned by the Contractor;

> Accept assignment of Subcontracts; and

> Finish the Work by whatever means are available to the Owner

Should the Work be terminated according to this section the Contractor shall not be entitled to receive further payment until the Work is finished.

If the unpaid balance of the Contract Amount exceeds the costs of finishing the work, such excess shall be used to pay the Contractor amounts due for materials and equipment stored on site and Work completed in accordance with the Contract Documents which has been Certified by the Engineer and accepted by the Owner. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner, which obligation for payment shall survive the termination of the Agreement.

The costs of finishing the Work include, without limitation, all reasonable attorney’s fees, additional title costs, insurance, additional interest because of delay in completing the Work, and all other direct, indirect, and consequential costs incurred by the Owner by reason of the termination of the Contractor as stated herein. The Owner shall be entitled to hold all amounts due the Contractor at the date of termination until all of the Owner’s costs have been established, and to apply such amounts to such costs.

Should the Owner’s termination of the Contractor for Cause be challenged, and should such challenge prevail, then the Owner’s termination of the Contract shall be deemed to have been a termination for Convenience.

3. Termination by the Owner for Convenience The Owner may, without cause, order the Contractor in writing to suspend, delay or terminate the Work in whole or in part for such period of time the Owner may determine.



The Owner shall adjust the Contract Amount for increases in the cost of performance under the Contract caused by suspension, delay, or interruption.

No change in Contract Amount shall be made where the suspension, delay, or interruption for which the Contractor is responsible or attributable.

In the event of termination for convenience by the Owner, the Contractor shall only be entitled to and paid compensation earned through the date of termination and Termination Expenses. Termination Expenses are those directly attributable to termination (such as demobilization costs). Contractor shall not be entitled to direct, indirect, or consequential damages, or other damages for loss from and including, but not limited to economic loss, loss of anticipated profits, idle equipment expenses, interest or carrying costs, overhead expenses, loss of efficiency, or loss of productivity.

ARTICLE 9 - EXECUTION OF THE PROJECT A. OBLIGATIONS OF THE ENGINEER

1. Engineer as Owner’s Representative The Engineer will provide project management services as described in the Contract Documents, and will serve as the Owner’s representative during construction, and until final payment is certified. The Engineer will consult with and advise the owner. The Engineer will have the authority to act on behalf of the Owner only to the extent as provided in the Contract documents.

The Engineer specifically assumes no duty or responsibility which may be construed as being for the benefit of and thereby enforceable by other parties providing labor, materials or services in connection with the Work such as, though not limited to, Contractor, Subcontractors, Sub-subcontractors, their agents, employees, or any of their bonding companies, it being understood that the Engineer’s obligations are to the Owner, and in performing such obligations the Engineer may consequently alter the burdens and expense of such other parties. If the Contractor claims additional cost or time on account of the Engineer performing such obligations, the Contractor shall give notice as provided in Article 13. The Owner and Contractor shall communicate through the Engineer, communications by and with the Engineer and Engineer’s consultants shall be through the Engineer. Communications by and with subcontractors and suppliers shall be through the Contractor. Communication by and with other Contractors working on the site which are not parties to this Agreement shall be through the Owner.

2. Monitoring Progress, Quality and Compliance with Contract Requirements The Engineer will perform site inspections as critical stages of construction to become generally familiar with progress and quality of completed Work to determine if in general the Work is performed in accordance with the Contract Documents. The Engineer will have authority to reject work that does not comply with the Contract Documents. Wherever considered necessary, the Engineer may require additional inspection or testing of the Work whether the Work is fabricated, installed or completed.

The Engineer will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor’s responsibility. The Engineer will not be responsible for the Contractor’s failure to carry out the Work, since these are solely the Contractor’s responsibility. The Engineer will not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents. The Engineer will not have control over or



charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work.

Actions of the Engineer undertaken while providing administration of the Contract shall not be construed as either supervision or coordination, since these are solely the Contractor’s responsibility.

3. Review and Approval of Contractor’s Submittals The Engineer will review the Contractor’s Submittals, such as shop drawings and product samples, for the limited purpose of checking for compliance with the Contract Documents. The Engineer’s review does not relieve the Contractor of his obligations under the Contract to comply with the plans and specifications. The Engineer’s response to submittals shall be made with reasonable promptness, or a maximum of 15 days from the date of written request.

The Engineer’s approval of a submittal which contains a deviation which has not been specifically called to the Engineer’s attention excludes approval of that deviation and shall not serve as a waiver of the rights of the Engineer or Owner unless the Engineer makes specific written acceptance of said deviation on the Engineer’s letterhead or the Owner makes specific written acceptance of said deviation on the Owner’s letterhead.

4. Interpret Plans The Engineer will provide interpretations of the Plans and Specifications for compliance with the Contract Documents. The Engineer’s response to interpretation requests shall be made with reasonable promptness, or a maximum of 15 days from the date of written request.

Interpretations by the Engineer will be consistent with the intent of the Contract Documents and will be documented in writing or in the form of plans and drawings.

The Engineer may, as the Engineer judges desirable, issue additional drawings or information indicating in greater detail the construction or design of the various parts of the Work; such drawings or information may be affected by field order or other notice to the contractor, and provided such drawings or information are reasonably consistent with the previously existing Contract Documents, the Work shall be executed in accordance with such additional drawings or information without additional cost or extension of the Contract Time. If the Contractor claims additional cost or time on account of such additional drawings or information, the Contractor shall give the notice provided in Article 13.

5. Approving Non-Substantial Deviations The Engineer will have the authority to order minor changes in the Work not involving adjustments of Contract Amount or Contract Time, and which is not inconsistent with the intent of the contract Documents. Such changes shall be implemented by issuing a Construction Change Directive that shall be immediately binding on the Contractor upon receipt.

6. Certifying Applications for Payment Based on the Engineer’s observations and evaluations of the Contractor’s Applications for Payment, the Engineer will review amounts due the Contractor and will, upon approval by the Owner, issue Certificates for Payments.



7. Preparing Change Orders The Engineer will prepare Change Orders for review and/or approval by the Owner.

8. Substantial Completion and Acceptant Reviews The Engineer will conduct inspections, and if the Owner and Engineer find Work Substantially Complete, establish the date or dates of Substantial completion and the date of Final Completion. The Engineer will receive and forward to the Owner for the Owner’s review, project records, written documents required by the Contract and assembled by the Contractor. The Engineer will issue a final Certificate for Payment upon compliance with requirements of the Contract Documents and acceptance by the Owner.

B. OBLIGATIONS OF THE OWNER 1. Project Manager

The Owner will designate a Project manager, through which the City will communicate with the Engineer and Contractor.

2. Information Provided by Owner The Owner shall furnish surveys describing physical characteristics of the site, and utility locations as can be reasonably located from above ground evidence and records.

Information or services under the Owner’s control shall be promptly supplied to the Contractor in order to promote orderly progress of the Work. Such information and services will be provided to the Contractor free, unless otherwise provided in the Contract Documents.

The Owner will furnish the contractor, free of charge, a maximum of ten sets of Construction Documents.

3. Permits Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for any and all Permits necessary to construct the facilities described by the Contract Documents, unless otherwise specified in the IFB.

4. Owner’s Right to Stop Work If the Contractor fails to correct Work that is not in accordance with requirements of the Contract Documents or persistently fails to carry out Work in accordance with the Contract Documents, the Owner may order the Contractor to stop work or any portion thereof until the cause of such order has been eliminated. Such an order must be in writing.

5. Owner’s Right to Carry Out Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, after giving seven (7) days written notice, the Owner may without prejudice to other remedies, correct such deficiencies. In such a case, a Change Order shall be issued deducting from the Contract Amount the cost of correcting such deficiencies, including additional design and administrative costs as may be necessary by default, neglect, or failure.

6. Interpretation of Contract Documents and Performance In all matters concerning performance under this Agreement and requirements of the Contract Documents, the Owner’s interpretation will prevail.

7. Approving Substantial Deviations The Owner will approve in writing all changes in the Work involving:



> Adjustments to the Contract Amount;

> Contract Time; or

> Work that is inconsistent with the intent of the Contract Documents.

A Change Order signed by the Contractor, Engineer, and the Owner shall effect such changes.

C. OBLIGATIONS OF THE CONTRACTOR 1. Superintendent

The Contractor shall employ a competent Superintendent and necessary assistants who shall be in attendance at the Project Site during performance of the Work. The Superintendent shall represent the Contractor, and communications given by/to the Superintendent shall be as binding as if given by/to the Contractor.

2. Review of Contract Documents The Contractor shall carefully review Contract Documents and information provided by the Owner, and shall at once report to the Engineer any errors, omissions, or inconsistencies discovered.

If the Contractor performs any construction activities with knowledge of an error, omission or inconsistencies in the Contract Documents without such notice to the Engineer, the Contractor shall assume responsibility for such performance.

3. Review of Field conditions The contractor shall take field measurements and verify field conditions and carefully compare such with the Contract Documents before commencing the Work. Errors, omissions or inconsistencies discovered shall be reported to the Engineer at once.

4. Supervision and Construction Procedures The Contractor shall perform the Work in accordance with the Contract Documents and Submittals approved by the Engineer.

The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures; and for coordinating all portions of the Work, unless otherwise specified in the Contract Documents.

The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors, Suppliers, and their agents and employees, and other persons performing portions for the Work under a contract with the Contractor or his Subcontractors.

The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Engineer, or the Owner’s Project Manager, in administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor.

5. Inspection of Work The Contractor shall be responsible for inspection of portions of the Work already performed under this Contract to determine if such portions are in proper condition to receive subsequent Work.



6. Labor and Materials Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, water, electric, other utilities, transportation, taxes and other facilities and services necessary for proper execution and completion of the Work. It is the Contractor’s responsibility to provide these resources whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work.

The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them.

7. Warranty The Contractor warrants to the Owner that materials, equipment, and skilled labor will be provided in accordance with the Contract Documents, and that the Work will be free from defects for a period of one year from final acceptance. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective.

8. Construction Schedule Prior to issuance of a Notice to Proceed, the Contractor shall prepare and submit to the Engineer a Construction Schedule for the Work. The Schedule shall not exceed the time limits established in the Contract Documents. The construction schedule shall document major construction activities and tasks, identifying the estimated beginning and ending dates for each identifiable component of the Work. The Construction Schedule shall also identify time critical activities or events that would most greatly affect the Construction Schedule. The Construction Schedule will be prepared in sufficient detail as may be acceptable to the Engineer. The Construction Schedule shall be revised at appropriate intervals as required by conditions of the Work.

9. Project Records The Contractor shall maintain the following project records at the project site:

> Construction Schedule;

> Plans and Drawings;

> Specifications;

> Addenda;

> Change Orders;

> Construction Change Directives;

> Shop Drawings;

> Product Data;

> Samples;

> Required Submittals; and

> Superintendent’s Log.

Records shall be maintained in good order, and marked to reflect current changes and selections made during the construction process.



Records shall be available to the Engineer and Owner and shall be delivered to the Engineer for submittal to the Owner upon completion of the Work.

Additionally, the Superintendent’s Log shall at a minimum document the dates and times of critical inspections; instructions received from the Engineer; and weather conditions including dates, times and amount of rainfall received.

10. Approval of Shop Drawings and Other Submittals The Contractor shall review, approve and submit to the Engineer, Shop Drawings, Product Data, Samples, and other Submittals required by the Contract Documents for approval by the Engineer prior to their implementation. The Contractor shall perform no portion of the Work requiring submittal and review of these or similar data until approved by the Engineer. Such Work shall be accomplished in accordance with approved Submittals.

The Contractor shall not submit any shop drawing or other submittal that is merely a tracing or other copy of any of the Contract Documents. Each submittal item must be prepared by the Contractor, or for the Contractor by a Subcontractor or Supplier of the Contractor. The Engineer shall have the authority to reject any submittal items that violate this provision, and no extension of Contract Time shall be given on account of such rejection. Engineer’s review and action on any such Submittals shall not serve as a basis for or give rise to any claim in favor of Contractor or any third party against the Owner or Engineer.

By submitting the materials described above to the Engineer for approval, the Contractor represents that he has determined and verified materials, field measurements, and field construction criteria related to the Submittals and has checked and verified their compliance with requirements of the Contract Documents. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or other Submittals. The Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents unless the Engineer makes specific written acceptance of said deviations on the Engineer’s letterhead.

11. Use of the Project Site The Contractor shall confine operations to the Site as designated by the Owner, and shall confine operations and activities to those permitted by law, ordinances, permits, and the Contract Documents; and should not unreasonably encumber the site with materials or equipment. The Contractor is specifically prohibited from the storage of materials, equipment, or supplies not related to the Work on the Project Site.

The Owner will be responsible for resolving disputes between the Contractor and other Contractors with which the Owner has a separate Agreement concerning use of the Project Site.

12. Cleanup of Project Site The Contractor shall keep the premises and surrounding area reasonably free or rubbish, waste materials, or debris caused by operations of the Contract. At completion of the Work, the contractor shall remove from and about the Project Site, waste materials, rubbish, tools, construction equipment, machinery, and surplus materials to the Owner’s satisfaction. Should the Contractor fail to clean up as provided in the Contract Documents, the Owner may do so and the cost charged to the Contractor though a deductive Change Order or Construction Change Directive.

13. Observations and Inspections



The Contractor shall provide Owner and Engineer access to the Work, wherever located and in whatever stage of construction for the purpose of providing inspections and observations necessary to assess compliance with applicable codes and to identify the quality and quantity of Work performed.

If a portion of the Work is covered contrary to the Engineer’s request or to the requirements expressed in the Contract Documents, it must be uncovered to allow the requested inspection or observation and replaced at the Contractor’s expense without change in Contract Time.

If a portion of the Work has been covered for which the Owner or Engineer has not specifically requested prior to observation, the Engineer may request to see such Work and the Contractor shall uncover it. If such Work has been completed in accordance with the Contract Documents, the cost for uncovering and replacement shall be borne by the Owner and implemented through a Change Order recommended by the Engineer and approved by the Owner. If such Work was inspected and found not to be in conformance with the Contract Documents, the Contractor shall pay the cost of uncovering and replacement without a change in Contract Time.

14. Correcting Rejected Work The Contractor shall promptly correct Work rejected by the Engineer for failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed, or completed. The Contractor shall bear the costs of correcting such Work, including those for additional testing and inspections and compensation for any additional design or necessary administrative costs.

If, within one year after the date of Final Acceptance, or before the expiration of warranties provided by the Contractor, Subcontractor, or Suppliers, whichever is greater, or by the terms of a special warranty required by the Contract Documents; any of the Work is found to not be in accordance with the Documents, the contractor shall correct it promptly after receipt of a written notice from the Owner. This obligation shall survive acceptance of the Work under the contract and Termination of the Contract, if the Owner has exercised such Termination.

If the Contractor fails to correct nonconforming Work, within a reasonable time, the Owner may complete the work in accordance with the provisions in Article 9-B-5 of this Agreement.

Acceptance of Non-Conforming Work The Owner may at his option accept Work that is not in accordance with the requirements of the Contract Documents instead of requiring its removal and correction. In such cases the Contract Amount will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

15. Tests & Inspections Tests, inspections and approvals of portions of the Work required by law, ordinance, rules, regulations, or other orders of public authorities having jurisdiction shall be made at the appropriate time. Unless otherwise provided, the Contractor will make arrangements for such tests, inspections and approvals, and shall be responsible for paying testing, inspection and re-inspection fees.



Other tests, inspections, and approvals required by the Contract Documents shall also be made at the appropriate times. The Contractor shall make arrangements for such tests, inspections and approvals within the independent testing laboratories or entities designated by the Owner. The Owner shall bear the costs related to these tests, inspections and approvals.

For all tests and inspections conducted under this section, the Contractor shall give the Engineer timely notice of when and where tests and inspections are to be made so that observations may be made.

If tests or inspections reveal failure of portions of the Work to comply with the Contract Documents, or approval is not secured from a public authority having jurisdiction over the project for a portion of the Work covered by the Contract Documents, the Contractor shall bear all costs made necessary by such failure.

Certificates of testing, inspection or approval shall be secured by the Contractor and promptly delivered to the Engineer.

ARTICLE 10 – SUBCONTRACTORS 1. Reporting of Proposed Subcontractors

As soon as practical after the issuance of a Notice to Proceed, or as otherwise provided in the Contract Documents, the Contractor will furnish in writing to the Engineer the names of persons or entities, including Subcontractors, material suppliers, equipment, suppliers, and fabricators proposed for Principal Portions of the Work. After conferring with the Owner, the Engineer will promptly inform the Contractor in writing whether or not there are reasonable objections to any of the proposed persons or entities unto which the Contractor proposes to enter into an Agreement.

2. Rejection of Subcontractors Neither the Contractor nor the Owner shall be required to Contract with anyone to whom either party has made a reasonable objection; exception instances where the Contract Documents require use of a material, equipment, or other produce for which there is no acceptable alternate supplier or installer.

3. Removal of Subcontractors The contractor shall not change a Subcontractor, person or entity previously selected if the Owner makes reasonable objection to such change.

4. Subcontractors Bound by Contract Documents By appropriate Agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all obligations and responsibilities which the Contractor, under this Agreement, assumes toward the Owner.

Each Subcontract shall preserve and protect the right of the Owner under the Contract Documents with respect to the Work to be performed by the Subcontractor so the Subcontracting thereof will not prejudice such rights and shall allow the Subcontractor, to the extent provided in the Contract Documents, the benefit of all rights, remedies and redress against the Contractor that the Contractor has against the Owner.



In all Contracts between the Contractor and Subcontractor, suppliers, or fabricators, the Owner will be named as third party beneficiary.

The Contractor assigns each Subcontract for a portion of the Work to the Owner under these conditions:

> Assignment is effective only after termination of the Contract by the Owner for cause pursuant to Article 8-2 of this Agreement.

> Assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract.

ARTICLE 11 - CONSTRUCTION BY OWNER OR SEPARATE CONTRACTORS 1. Owner’s Right to Perform Construction

The Owner reserves the right to perform construction or operations related to the Project outside the scope of this Agreement with Owner’s own forces and to award separate Contracts in connection with other portions of the Project not covered under the scope of this Agreement.

2. Owner to Provide Coordination The Owner shall provide for coordination of activities of the Owner’s own forces and for the Contractors under a separate Agreement to provide construction services on the Project Site. If part of the Contractor’s Work depends upon prior Work performed by the Owner or other separate Contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Engineer apparent discrepancies or defects in other such construction that would render it unsuitable for the proper execution and results of the Contractor’s Work. Failure of the Contractor to so report shall constitute an acknowledgment that the Owner’s previously completed construction is fit and proper to receive the Contractor’s Work.

ARTICLE 12 - CHANGES IN THE WORK 1. Contract Held Valid

Changes in the Work may be accomplished after execution of the Contract without invalidating the Contract where they are documented by a Construction Change Directive executed in accordance with this Agreement.

2. Construction Change Directive A Construction Change Directive prepared and signed by the Engineer will direct all changes in the Work. A Construction Change Directive signed by the Contractor indicates agreement of the Contractor with the actions specified in the Directive, including the inclusion or absence of an adjustment in Contract Amount or Contract Time or the method for determining them. Construction Change Directives shall be issued using AIA Form G714.

3. Construction Change Order In addition to a Construction Change Directive, a Construction Change Order will be required wherever the issuance of a Construction Change Directive would involve a change in:

> Contract Amount;

> Contract Time; or



> The intent of the Contract Documents.

In such instances, the Engineer, Contractor and Owner must sign a Construction Change Order. Construction Change Orders shall be issued using AIA Form G701.

Change Orders may not have typed text altered or additions placed thereon after the signing process has begun. Change Orders with alterations to typed text or additions placed thereon shall not be considered by such, and the original Change Order shall govern. Should alterations or additions to a Change Order be desired, said Change Order shall be re-typed and re-signed, and said Change Order shall be identified as “Revised”.

4. Changes in Contract Amount Only Construction Change Order shall grant changes in Contract Amount. Claims for disputes concerning Contract Amount shall be determined in accordance with Article 13 of this Agreement.

5. Cost of Work The amount of a Change Order shall be based upon the Schedule of Values when an item has been included in the initial bid. No additional overhead and profit or other fees may be included in the Change Order as these costs are included within the itemized unit prices. Should a Construction Change Directive include items that were not previously included within the project scope, the following shall govern:

The term “Cost of Work” or “Direct Cost”, for the purpose of Change Orders, means the costs necessarily incurred and paid by the contractor in the proper performance of the Change Order Work. Except as may be agreed to in writing by the Owner, such costs shall be in amounts no higher than those prevailing in the area of the project and may include the following categories:

> Labor (payroll, taxes, fringe benefits, worker’s compensation, health and

retirement benefits, sick leave).

> Owned equipment (at lowest applicable equipment manual rate).

> Rented equipment (at actual rental rate).

> Materials

> Supplies

> Subcontractor’s costs.

> Bonds and insurance.

The Contractor shall require all Subcontractors and suppliers to comply with all requirements of, and provide itemizations of all claims in accordance with this Article.

The term “cost of the Work” or “Direct Cost” shall not include any of the following:

> Payroll costs and other compensation of the Contractor’s officers, executives,

principals (of partnership or sole proprietorships), general managers, Engineers, Engineers, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by the Contractor whether at the site or in its principal or branch office for general administration of the Change Order Work and not specifically



included in the agreed upon schedule of job classifications, all of which are to be considered administrative costs covered by the contractor’s allowance for overhead and profit.

> Extraordinary fringe benefits not specifically identified, above.

> Expenses of Contractor’s principal and branch offices other than the Contractor’s

office at the job site.

> Any part of the Contractor’s capital expenses, including interest on the Contractor’s capital used for the Change Order Work and charges against the Contractor for delinquent payments.

> Costs due to the negligence of the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including, but not limited to, the correction for defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property.

For all changes, the Contractor shall submit an itemized cost breakdown, together with supporting data in such detail and form as prescribed by the Engineer. When a credit is due, the amount of the credit to be allowed by the Contractor to the Owner for any such change which results in a net decrease in direct cost will be the amount of the actual net decrease in direct cost as determined by the Engineer plus the actual reduction in overhead and profit. When both additions and credits are involved in any change, the combined overhead and profit shall be calculated on the basis of the net change, whether an increase or decrease. In any event, the minimum detail shall be an itemization of all man hours required by discipline/trade with the unit cost per man hour and total labor price, labor burden equipment hours and rate for each piece of equipment, material by units of measure and price per unit, other costs specifically itemized, plus the overhead and profit allowance.

The allowance for combined overhead and profit included in the total cost to the Owner shall be based upon the following schedule:

> For the Contractor, for Work performed by the Contractor’s own forces, fifteen

percent (15%) of the cost.

> For the Contractor, for Work performed by the contractor’s Subcontractor, seven and one-half percent (7½%) of the amount due to the Subcontractor.

> For each Subcontractor or Sub-subcontractor involved, for Work performed by that Subcontractor’s or Sub-subcontractor’s own forces, fifteen percent (15%) of the cost.

> For each Subcontractor, for Work performed by the Subcontractor’s Sub-subcontractor, seven and one-half percent (7½%) of the amount due the Subcontractor.

6. Changes in Contract Time Only Construction change Orders shall grant changes in Contract Time. Claims for disputes concerning Contract Time shall be determined in accordance with Article 13 of this Agreement.

7. Changes in Contract Time Due to Weather Conditions



The Contractor shall consider climatic conditions in preparing the construction schedule and shall anticipate therein periods where work may not be practical due to adverse weather conditions.

Weather conditions shall not comprise grounds for extension of Contract Time unless the Contractor is able to demonstrate that the number of rain days during the entire Contract Time exceeded 120% of that for the same period in the prior year. In making such an assertion, the Contractor shall use rain data recorded in the Superintendent’s Log, which must include the date, duration and volume of rain recorded at the Project Site for each day, as compared to that recorded for the area closest to the Project Site, as reported by the National Weather Service. The Owner shall determine the criteria for establishing “rain days”.

8. Contractor’s Obligation to Comply with Construction Change Directives Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work. The Contractor shall promptly comply with the Construction Change Directive whether or not a Construction Change Order has been executed.

9. Effective Date of Change Orders Construction Change Orders shall become effective immediately upon execution by the Contractor, Engineer, and Owner.

ARTICLE 13 - CLAIMS AND DISPUTES 1. Time Limits on Claims

Contractor Claims must be made by written notice within 14 days after the occurrence of the even giving rise to such Claim or within 14 days after the Contractor would have reasonably first recognized the condition giving rise to the Claim, whichever is later. Claims for additional time and additional compensation must be made in accordance with the conditions of this Article.

Such written notice of Contractor Claims shall be complete. Written notice which is incomplete and only partially identifies a claim with wording such as “(time or cost) impact to be determined at a later date” or “we reserve the right to claim additional (time or cost) at a later date” will not be considered.

2. Continuing Performance on the Contract Pending resolution of a Claim, unless otherwise agreed to in writing, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents.

3. Claims for Concealed or Unknown Conditions If conditions are encountered at the Site which are subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or comprise unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and are generally recognized as inherent in construction activities of the character provided for in the Contract Documents; then the Contractor shall inform the Project Engineer of the materially different field conditions in writing within 14 days after first observance of the conditions, or within 14 days after the Contractor would have reasonably first recognized the materially different field conditions.

The Engineer will promptly investigate and report to the Owner if field conditions were found to be materially different than those which have been reasonably found given the criteria indicated above. If field conditions are found to be materially different, the Owner



shall prepare a Construction Change Order providing an equitable adjustment in Contract Amount and/or Contract Time.

If the Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the contract are justified, the Owner shall so notify the Contractor in writing stating the reasons.

4. Claims for Additional Time The Contractor will make claims for an increase in Contract Time by presenting a “Request for Delay” (RFD) form to the Engineer within 14 days of the occurrence giving rise to the claim. All claims for an increase in the Contract Time are waived if not so presented. Owner or Engineer will supply RFD forms to the Contractor.

The sole and exclusive manner of increasing the Contract Time due to some occurrence giving rise to the representation of an RFD form is by Construction Change Order. Timely presentation of an RFD form is the prerequisite for obtaining a Construction Change Order. The Construction Change Order shall address any and all Claims based on said occurrence. With respect thereto, Contractor agrees that its exclusive remedy for delays in the performance of the Contract caused by events beyond its control, including delays claimed to be caused by the Owner or the Engineer or attributable to the Owner or the Engineer, and including Claims based on breach of Contract or negligence, shall be an extension of the Contract Time. Contractor hereby waives any and all Claims based on said occurrence that are not addressed by the Construction Change Order.

Nothing contained herein will prevent the parties from increasing the Contract Time by mutual agreement.

5. Claims for Additional Compensation Owners liability to Contractor for any Claims other than Claims for extension of Contract Time, as described above, arising out of or related to the subject matter of this Contract, whether in Contract or Tort, including but not limited to, claims for payment by Owner of the costs, damages, or losses because of changed condition under which the Work is to be performed or for additional Work, shall be governed by the following provisions:

> All Claims must be submitted as a Request for Construction Change Order in the manner provided herein;

> Contractor must submit a Notice of Claim to the owner and to the Engineer within fourteen days (14) of when the Contractor was, or should have been aware of the occurrence of the event giving rise to the Claim; and

> Within fourteen days (14) of submitting its Notice of Claim, Contractor shall submit to the Engineer and Owner its Request for Construction Change Order using AIA Form G701, which shall include a written statement of details of the Claim, including a description of the Work affected.

Contractor agrees that the Owner shall not be liable for any Claim the Contractor fails to submit as a Request for Construction Change Order or as a timely presented RFD form as provided in this Agreement.

After receipt of a Request for Construction Change Order, Owner, in consultation with the Engineer, shall deliver to the Contractor within thirty (30) days after receipt of request its written determination of the Claim.



Contractor’s exclusive remedy for delays in performance of construction caused by delays claimed to be caused by or attributable to the Owner or the Engineer including claims based on breach of contract or negligence, shall be a Claim or a RFD form submitted in compliance with this Article.

Contractor expressly agrees that the conditions established by this Article constitutes its sole and exclusive remedies for delays and changes in such Work and eliminates any other remedies for Claim for increase in the Contract Amount, delays, changes in the Work, damages, losses, or additional compensation.

6. Resolution of Disputes by the Owner If a Claim has not been resolved after consideration under other terms of this Article, the Engineer shall notify the Contractor in writing that the Owner shall make a determination within seven (7) days, which determination shall be final and binding on the Parties, but subject to litigation in a court having competent jurisdiction. Upon expiration of such time period, the Owner shall render to the parties a written decision relative to the Claim, including any change in Contract Amount and/or Time.

If there is surety and there appears to be a possibility of the Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the dispute.

7. Injury or Damage to Person or Property In any party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party’s employees or agents, or for others whose acts such party is legally liable; written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable amount of time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to the Claim is asserted, it shall be filed as a Claim pursuant to the conditions of the Article.

ARTICLE 14 - PROJECT CLOSEOUT 1. Substantial Completion of a Designated Portion

The Owner may release a Designated Portion of the Work under this Contract upon the issuance of a Certificate of Substantial Completion for the Designated Portion. Subsequent to said release, the Owner may make payment to the Contractor up to the pro-rated amount of the Contract Amount that is allocable to the value of the Designated Portion of the Work under the Contract. Payment under this provision may be made in full with no retainage, or a lesser retainage, at the sole discretion of the Owner.

Further, the parties agree that in the event the Owner releases a Designated Portion of the Work, whether or not retainage is released for the Designated Portion of the Work, the Contractor agrees that all insurance required by the Contract Documents will remain in full force and effect until final acceptance of the entire Work by the Owner.

2. Substantial Completion When the Contractor considers that the Work or a portion thereof, which the Owner agrees to accept separately, is Substantially Complete, the Contractor shall prepare and submit to the Engineer a comprehensive list of items to be completed and corrected. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on the list does not relieve the Contractor of the responsibility to complete all Work in accordance with the Contract Documents.



Upon receipt of the Contractor’s list, the Engineer will make an inspection, and with the approval of the Owner, determine whether the Work, or designated portion thereof, is Substantially Complete. If the Engineer’s inspection discloses any item, whether or not included on the Contractor’s list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Engineer.

The Contractor may request additional inspections by the Engineer as may be reasonable to determine when Substantial Completion has been achieved. When the Work or designated portion thereof, is Substantially Complete, the Engineer will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion and shall establish responsibilities of the Owner and Contractor for:

> Security;

> Maintenance;

> Water, sewer, electric and other utilities;

> Damages to the Work; and

> Insurance Responsibilities

The Certificate shall also establish the time within which the Contractor shall finish all items on the list of incomplete Work or corrections otherwise necessary to meet the requirements of the Contract Documents.

Warranties required by the Contract Documents shall commence on the date of Final Completion, or designated portion thereof, unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to each.

Upon Substantial Completion of the Work, or designated portion thereof, and upon application by the Contractor, certification by the Engineer, and approval by the Owner, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents.

3. Final Acceptance and Payment Upon receipt of written notice that the Work is ready for Final Inspection and upon receipt of a Final Application for Payment, the Engineer shall promptly inspect the Work. When the Engineer and Owner find the Work acceptable under the Contract Documents and the Contract fully performed, the Engineer shall issue a Certificate for Final Payment.

Neither final payment or any remaining retainage shall become due until the Contractor submits to the Engineer all information required in the Contract Documents, including, but not limited to, warranties, as-built plans, and operation and maintenance manuals.

Furthermore, final payment, nor any remaining retainage, shall become due until the Contractor executes and presents to the Owner a “Certificate of Claims Paid” and “Release of all Claims” form in such a form as may be acceptable to the owner. Acceptance of final payment by the Contractor shall comprise a release of all claims under the Contract, and receipt of which acknowledges full and complete payment for all Work done, materials and equipment furnished, and damages or claims arising under this Agreement.



ARTICLE 15 - PROTECTION OF PERSONS AND PROPERTY 1. Compliance with Federal, State, and Local Laws, Ordinances, and Regulations

Contractor agrees to comply with all applicable Federal, State, and local laws, regulations, and ordinances, including, but not limited to, the following:

> Title VI of the 1964 Civil Rights Act.

> Title VII of the 1964 Civil Rights Act, as amended by the Equal Employment Opportunity that prohibits discrimination in employment.

> Age Discrimination Act of 1973

> Contract Work Hours and Safety Standards Act.

> Section 504 of the Rehabilitation Act prohibiting discrimination in the employment of the handicapped.

> Fair Labor Standards Act.

> Chapter 112, Florida Statutes, prohibiting conflicts of interest in the procurement of contracts with a governmental agency.

> Trench Excavation System & Shoring standards adopted by the Department of Labor and Employment Security and related trenching regulations.

> Construction Work Hours and Safety Act (Construction Safety Act)

2. Safety of Employees and Property The Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to:

> Employees on the Project Site and other persons who may be affected thereby;

> The Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor’s Subcontractors or sub-subcontractors; and

> Other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.

The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss.

When use or storage of explosives or other hazardous materials or equipment or unusual methods is necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel.

The Contractor shall promptly remedy the damage and loss (other than damage or loss insured under requirements of the Contract Documents) to property referred in this Section caused in whole or in part by the Contractor, Subcontractor, Sub-subcontractor, or anyone directly or indirectly employed by any of them or by anyone for whose acts they may be liable and for which the Contractor is responsible, except damage or loss attributable to acts or omissions of the Owner or Engineer or anyone directly or indirectly employed by



either of them, or by anyone for whose acts wither of them may be liable and not attributable to the fault or negligence of the Contractor.

The Contractor shall designate a responsible member of the Contractor’s organization at the Site whose duty shall be the prevention of accidents. This person shall be the Contractor’s Superintendent unless otherwise designated by the Contractor in writing to the Owner and Engineer.

The Contractor shall not load or permit any part of the construction or Site to be loaded so as to endanger its safety.

3. Emergencies In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in this Agreement.

ARTICLE 16 - INDEMNIFICATION, INSURANCE AND BONDS 1. Indemnification

To the fullest extent permitted by law, for Ten and 00/100 Dollars ($10.00), acknowledged to be included and paid for the Contract Amount, and other good and valuable consideration, the Contractor shall indemnify and hold harmless from and pay on behalf of the Owner and their agents and employees all claims, damages, losses, and expenses, including, but not limited to, attorney’s fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss, or expense;

> is attributable to bodily injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting there from; and

> is caused in whole or in part by any negligent act or omission of Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts he may be liable, regardless of whether or not it is caused in part by a party indemnification hereunder.

Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Section. Nothing contained herein shall be construed as a waiver of any immunity from or limitation of liability the owner may have under this doctrine of sovereign immunity or Section 768.28, Florida Statutes. The obligations of the Contract under this Article shall not extend to the liability of Engineer, his agents, or employees arising out of:

> the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specifications; and

> the giving of or the failure to give directions or instructions by the Engineer, his agents, or employees providing such, giving or failure to five is the primary cause of the injury or damage.

2. Waiver of Subrogation The Owner and Contractor waive all rights against each other for damages caused by perils coverage by insurance provided under this Agreement to the extent covered by such insurance, except such rights as they may have to the proceeds of such insurance held



by the Owner and the Contractor as trustees. The Contractor shall require similar waivers from all subcontractors and their subcontractors and suppliers.

The Owner and the Contractor waive all rights against each other for loss or damage to equipment used in connection with the Project and covered by any property insurance. The Contractor shall require similar from all subcontractors and their subcontractors and suppliers.

The Owner waives subrogation against the Contractor on all property and consequential loss policies carried by the Owner on adjacent properties and under property and consequential loss policies purchased for the Project after its completion.

If the insurance policies referred to in this Section require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owner of such policies will cause them to be so endorsed; failure to obtain endorsement nullifies the waiver of subrogation.

3. Contractor’s Insurance The Contractor shall not commence any Work in connection with this Agreement until he has obtained all of the following types of insurance and such insurance has been approved by the Owner, has named the Owner as an additional insured, except for Worker’s Compensation Coverage, nor shall the Contractor allow any Subcontractor to commence Work on his subcontract until all similar insurance required of the Subcontractor has been so obtained.

Such insurer shall have a currently valid Certificate of Authority issued by the State of Florida, Department of Insurance authorizing it to write insurance policies in the State of Florida and be doing business in the State of Florida. Insurers shall have at least a Policy Holders Rating of A-, and Financial Rating of at least IV as identified in the latest issue of “Bests Key Rating Guide” unless otherwise accepted by the Owner in writing.

The Contractor’s insurance, and the insurance of any other party bound to the Contractor, shall be considered primary. The Owner’s insurance, if any, shall be considered excess, as may be applicable to claims which arise out of indemnification’s insurance, certificates of insurance and any additional insurance provisions of this Agreement.

4. Loss Deductible The Owner shall be exempt from, and in no way liable for, any sums of money that may represent a deductible in any insurance policy. The payment of deductibles shall be the sole responsibility of the Contractor.

5. Subcontractor’s Insurance The Contractor shall require each of his Subcontractors to procure and maintain, during the life of the subcontract, insurance of the types specified in this Article or insure the activities of his Subcontractors in his policy as required in this Article.

6. Certificate of Insurance The Owner shall be furnished proof of insurance coverage as follows:

> The name of the insured Contractor, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, and its termination date;



> Statement that the insurer will mail notice to the Owner and a copy to the Engineer at least thirty (30) days prior to any material changes in provisions, cancellation, renewal, or non-renewal of the policy;

> Certification of Insurance shall be in the form as approved by the Owner and such Certificate shall clearly state all the coverage’s required in this Article:

> If requested by the Owner, the Contractor shall furnish complete copies of his and his Subcontractor’s insurance policies, forms and endorsements; and

> Receipt of certificates or other documentation of insurance or policies or copies of policies by the Contractor or by any of its representatives that indicate less coverage than required by the Contract Documents does not constitute a waiver of the Contractor’s obligations to fulfill the requirements of this Article.

7. Worker’s Compensation Insurance The Contractor shall take out and maintain, during the life of this Agreement, Workers’ Compensation and Employer’s Liability Insurance for all his employees connected with the Work of this Project, and in case any Work is sublet, the Contractor shall require the Subcontractor similarly to provide Workers’ compensation Insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply with the Florida Workers’ compensation Law. In case any class of contract at the Project Site is not protected under the Workers’ Compensation statute, the Contractor shall provide adequate insurance, satisfactory to Owner for the protection of employees not otherwise protected.

8. Liability Insurance The Contractor shall take out and maintain, during the life of this Agreement, Commercial General Liability and Commercial Automobile Liability Insurance as shall protect Owner from claims for damages for bodily injury and personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement, whether such operations are by himself or by anyone directly or indirectly employed by him, and the amount of such insurance shall be minimum limits as follows:

Commercial General Liability: > Minimum Coverage is $1,000,000 including a separate project aggregate limit of

$1,000,000 for the Contract.

> Coverage shall include premises, operations, products, completed operations, independent contractors, contractual liability covering this Agreement, contracts and leases, broad form property damage coverage’s, personal injury and bodily injury.

> The contractor is required to continue to purchase products and completed operations coverage for Work performed under this Agreement for minimum of three (3) years following Substantial Completion.

> If Umbrella or Excess liability coverage is used to satisfy the requirements of this Section, it shall not e more restrictive than the underlying insurance policy coverage’s.

Commercial Automobile Liability: > Minimum Coverage is $500,000.



> Coverage shall include bodily injury and property damage arising out of ownership, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use.

9. Payment and Performance Bond Contractor shall provide Owner with a Payment and a Performance Bond in the amount of the Contract Price within ten (10) days of the execution of this Agreement. Failure to provide the bond(s) shall result in this Agreement becoming null and void. No action on the part of the Owner shall be deemed to waive this requirement except a written amendment to this Agreement. Said bonds shall be in substantially the same form as in Section 255.05, Florida Statutes. Additionally, bonds must meet the following specifications:

> The surety company shall have a currently valid Certificate of Authority issued by the State of Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida and be doing business in the State of Florida;

> The surety company shall have a currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 and 9308, Title 31, of the United States Code;

> The surety company shall be in full compliance with the provisions of the Florida Insurance Code;

> The surety company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued; and

> The surety company shall have at least a Policy Holding’s Rating of “A-“ and

Financial Rating of at least IV in the latest issue of “Bests Key Rating Guide”.

Additionally, the subcontractor shall provide a payment and performance bond meeting the requirements specified above to the general contractor for the value of work included in that subcontractor’s scope or services.

Alternative forms of security as described in Section 255.05, Florida Statutes, are acceptable where approved by the Owner in writing.

ARTICLE 17 - COMMENCEMENT OF STATUTORY LIMITATION PERIOD 1. The Commencement of Statutory Limitation Periods between the Owner, Contractor and

Assignees are as follows: > Before Substantial Completion. As to acts or failures to act occurring prior to

the relevant date of Substantial Completion, any applicable statute of limitations shall commence to turn and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and

> After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the act or failure to act by the Contractor pursuant to any warranty provided under the Contract Documents, the date of any correction of the Work or failure to correct the Work



by the Contractor or date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last.

2. Concerning Latent Defects and Fraud As to latent defects and fraud, the applicable statute of limitations shall commence upon the date of discovery or the date discovery of the defect should reasonable have occurred.

ARTICLE 18 - MISCELLANEOUS PROVISIONS 1. Governing Law

This Agreement shall be governed by the laws of the State of Florida.

2. Successors and Assigns The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as whole without the written consent of the other. If either party attempts to make such an assignment without such written consent, that party shall nevertheless remain legally responsible for all obligations under the Contract.

3. Written Notice Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice.

4. Limitation of Liability The Owner shall be liable only to the extent of its interest in the Project; and no elected official, officer, agent, or employee of the Owner shall ever be personally or individually liable with respect to this Contract or the Work. Each Subcontract shall include foregoing limitation, which shall be effective if the Owner ever succeeds to the Contractor’s rights or obligations under a Subcontract.

The Engineer shall be liable only to the extent of its interest in the Project; and no officer, director, partner, agent, or employee of the Engineer (or any partner of a partner or any agent or employee of a partner) shall ever be personally or individually liable with respect to this Contract or the Work. Each Subcontract shall include the foregoing limitation. Nothing contained in this agreement shall be construed as a waiver of the owner’s rights to sovereign immunity or any other defense under F.S. 768.28.

5. Attorney Fees and Costs In the event of any action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs, and expenses, including attorney fees, as may be set by the Court.

6. Validity, Severability and Reformation The validity, interpretation, construction, and effect of this agreement shall be in accordance with and be governed by the laws of the State of Florida. Any provision or part of this Agreement held to be void or unenforceable under any law shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the parties. The parties agree that this Agreement shall be reformed to replace such stricken



provision or part thereof with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.

APPENDIX 1 - DEFINITIONS

Allowance - An amount included in the contract amount to be used exclusively for equipment, materials or some other purpose specified in the Contract Documents and whose use is under the control of the Owner.

Application for Payment - A formal written request for payment submitted by the Contractor to the Engineer for payment for work performed pursuant to this Agreement.

Bid - A formal solicitation issued by the City of Gulfport, identifying the scope, terms, conditions, and specifications of goods and services procured from private contractors.

Bid Documents - The documents either provided or incorporated by reference defining and documenting the scope of services, conditions under which services are to be provided, conditions under which a contractor will be selected and the work will be performed, and the technical specifications for the equipment, goods, or services being procured.

Certificate for Payment - An application for payment which has been signed by the Engineer, who certifies that the pay request is proper and all representations made by the Contractor are correct.

Certificate of Substantial Completion - A form signed by the Engineer certifying that the work, or a designated portion of the work, has been completed to such an extent that it may be occupied by the Owner for its intended purpose.

Change Order - A form documenting the Contractor and Owner’s agreement to modify the work where the modification involves a change in Contract Amount, Contract Time, or the intent of the Contract Documents.

Claim - A demand or assertion by one of the parties to the Agreement for an adjustment or interpretation of contract terms, payment of money, extension of time, or other relief with respect to the terms of the Contract. Claims may also include other disputes between the Owner and Contractor concerning the manner in which work is being performed.

Construction Change Directive - An order signed by the Engineer instructing the Contractor to change the Work.

Construction Schedule - An action plan summarizing how the Contractor proposes to complete the entire work in the Contract Documents within the established Contract Time. The Construction Schedule should identify key tasks and activities necessary to complete the project within the Contract Time.

Contract/Agreement - The Agreement between the Owner and the Contractor as defined by the Contract Documents.

Contractor - The person or entity identified in the Contract Documents as being responsible for performing the work under the Contract.

Contract Amount - The stipulated sum to which the Owner agrees to pay the Contractor for performing the work described in the Contract Documents, as modified by Change Order.



Contract Documents - Individual documents which collectively comprise the Contract between the Owner and Contractor, including 1) The Agreement between the Owner and Contractor, 2) Bid Documents including the invitation to bid, instructions to bidders and Contractor bid package, 3) Drawings, Specifications, Plans prepared by the Engineer which describe the work to be performed, 4) Addenda issued prior to execution of the Contract, 5) Other documents listed in the Agreement, and 6) Modifications issued after execution of the Contract, including: 1) Written amendments to the Contract signed by both parties, 2) Construction Change Orders, and Construction Change Directives.

Contract Time - The period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the work. Contract Time is the time between the Date of Commencement identified in the Notice to Proceed issued by the Owner and the date established in the Agreement for Substantial Completion.

Date of Commencement - The date specified in the Notice to Proceed issued by the Owner specifying when the Contractor may begin work on the Project.

Day - As referenced in this Agreement “Day” includes all calendar days including weekends, holidays, and days of inclement weather.

Drawings & Plans - Graphic and pictorial portions of the Contract Documents, showing the design, location and dimensions of the work generally including plans, elevations, sections, details, schedules and diagrams.

Engineer - The design professional retained by the Owner responsible for designing the facilities to be constructed and/or the design professional responsible for providing contract administration during construction services and to assess whether construction services are provided in accordance with the Contract Documents.

Final Acceptance - The Owner’s final acceptance of the work performed by the Contractor as recognized by making final and complete payment for all work intended by the Contract Documents.

Non-Substantial Deviation - A change in the work or deviation from the plans, specifications, or other Contract Documents which does not change the Contract Amount, Contract Time, or the intent of the Contract Documents.

Notice of Claim - A memorandum or letter presented to the Engineer detailing a Claim for additional compensation. The memorandum or letter must be labeled “Notice of Claim” and specifically identify the conditions giving rise to the Claim and the amount of additional compensation being requested.

Notice to Proceed - A letter issued by the Owner officially communicating the date when the Contractor may begin work on the Project or a designated portion of the Project.

Owner – The City of Gulfport, or the City of Gulfport’s authorized representatives.

Substantial Completion of a Designated Portion - Declaration by the Owner that a designated portion of the work has been completed.

Principal Portion of the Work - Work or equipment provided by a Subcontractor with which the Contractor has a direct Contract; and Sub-Subcontractors or other material or equipment providers as designated by the Engineer or Project Manager.



Project - All physical improvements planned for a defined site. Work performed under the Contract Documents may comprise the whole work, or part of the work planned for the Project Site.

Product Data - Illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the work.

Project Manual - A volume or volumes usually assembled to describe with work that may include bidding requirements, sample forms, the Contract, and specifications.

Project Manager - The City’s authorized agent for communication with the Engineer and Contractor and making decisions on the City’s behalf as provided in the Contract Documents.

Project Site - The physical location identified in the Contract Documents where work is to be accomplished.

Samples -Physical examples that illustrate the materials, equipment, workmanship, or application methods by which the work will be judged.

Schedule of Values - The amount of money and percentage of the Contract Amount attributable to various components or portions of the work, where prepared in such a form and supported by such data to substantiate its accuracy.

Shop Drawings - Drawings, diagrams, schedules and other data specially prepared for the work by the Contractor or Subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the work in general detail than is provided in the plans or specifications.

Specifications - That portion of the Contract Documents comprising written standards and requirements for materials, equipment, construction systems, and workmanship for the work, and performance of related systems.

Subcontractor - A person or entity that has a direct Contract with the Contractor to perform a portion of the work.

Substantial Completion - The stage of construction where the work or designated portion thereof is sufficiently complete so that the Owner can occupy or use the work for its intended purpose.

Substantial Deviation - A change in the work that deviates from the intent of the Contract Documents, Contract Amount, or Contract Time.

Superintendent - The Contractor’s authorized representative on the Project Site.

Supplier - A person or entity who provides equipment, material, or other resources required by the Contractor or Subcontractors to perform the Work.

Work - The construction and services required by the Contract Documents, whether completed or partially completed, including all labor, materials, equipment and services provided or to be provided by the Contractor in fulfillment of obligations under the Contract. The work may constitute the whole Project or part of the Project.



Part B – Technical Specifications


January 21, 2020 Cardno, Inc. Part B – Technical Specifications 51 Bid Package.docx


Section 1. Special Provisions

1.1 General

This Section amends, enhances or otherwise revises the Technical Specifications.

1.2 Standard Specifications

The standard Specifications to be used for this work shall be the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, and all Supplemental Specifications thereto, in effect as of the bid date, hereinafter referred to as the Standard Specifications, except as amended under this Contract.

1.3 No Separate Payment for Special Provisions

No separate payment will be made for the Contractor to execute Special Provisions. All expenses borne by the Contractor shall be included in the individual unit prices for the particular pay item.

1.4 Construction Staking

All construction staking and survey work shall be completed prior to Clearing and Grubbing activities and shall be performed by a Registered Land Surveyor, unless otherwise approved.

1.5 Materials

a. Delivery Tickets: It will be necessary to submit a copy of all delivery tickets for materials used on the project, regardless of the basis of payment.

b. Job Mix Formula for Asphaltic Concrete: Attention is directed to the requirement that job mix formulas for asphaltic concrete, of the type specified, be submitted at least 14 days before plant operations begin. The submitted formula should be derived, or approved, by the laboratory approved by the Owner to make test on the Project. Costs for such job mix formulation will be paid by the Contractor directly to the assigned laboratory.

c. Job Mix Formula for Portland Cement Concrete: Attention is directed to the requirement that job mix design formulas for all Portland Cement Concrete, of the type specified, be submitted at least 14 days prior to use on the project. The submitted formulas shall be derived or approved by the Owner and/or its agents. All concrete mix designs shall meet FDOT Concrete Class mix guidelines, except as follows: when approved, in writing by the Engineer, an Alternate Class I Concrete mix design formula, for concrete curb and gutter to be placed by automated curb

January 21, 2020 Cardno, Inc. Special Provisions 52 Bid Package.docx


machines, may show, as a substitution for #57 aggregate, an amount of #89 aggregate not to exceed 33 percent, by weight, of the #57 aggregate.

1.6 Laboratory Testing

Cost of all required laboratory testing shall be borne by the Contractor, including the cost of all re-testing due to defective materials or construction. The testing laboratory shall be approved by the Owner.

Testing shall be in accordance with the applicable portions of Section 6 of the Standard Specifications and these specifications.

1.7 Measurement and Payment

a. All work completed under the terms of this contract shall be measured according to United States Standard Measures.

b. All measurements shall be taken horizontally or vertically unless specifically provided otherwise.

c. c. No payment will be made for construction over a greater area than authorized, nor for material moved from outside of stakes and data shown on the plans, except when such work is performed upon instructions of the Engineer.

d. The Contractor shall accept compensation provided under the terms of this contract as full payment for furnishing all materials and for performing all work contemplated and embraced under this contract. Such compensation shall also be for any and all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen difficulties or obstructions encountered during the contract period until final acceptance by the Owner.

e. Whenever any change, or combination of changes, on the plans results in an increase or decrease in the original contract quantities, and the work added or decreased/eliminated is of the same general character as that called for on the plans, the Contractor shall accept payment in full at the original contract unit prices for the actual quantity of work performed, with no allowance for any loss of anticipated profits.

f. Any item not indicated in the Bid Tabulation Form but shown on the Plans shall be included as part of the lump sum quantity labeled Miscellaneous. The Bidder is to provide an addendum to the Bid Tabulation Form which includes a description of the items included in the Miscellaneous Lump Sum item including the unit cost and total cost for each additional item.

It is the Contractor's responsibility to perform a detailed quantity take-off from the plans to determine actual quantities for ordering and delivery purposes. The Owner will not be responsible for quantities ordered in excess of those installed and Constructed. No payment shall be made for contingency quantities or



additional work unless otherwise directed and approved in writing by the Engineer.

g. Bid Tabulation Form Completion - the blank spaces in the bid tabulation form shall be filled in correctly where indicated for each and every item for which a description is given, as the bidder must state the unit prices for which he proposes to do each part of the work contemplated, and the total price for all the parts included in any or all of the combinations of the work. In case of a discrepancy, the written words for "unit cost", where stated, shall be considered as being the unit cost. If the bid schedule does not use the written words for the unit cost, then the numerically correct "total", shall be considered as being the total cost.

1.8 Restoration

Payment for restoration shall be covered under the applicable restoration Pay Items as specified in the proposal. If a specific restoration Pay Item is not listed in the proposal, the cost of such work shall be included in the applicable Pay Item unless otherwise provided under separate restoration section or pay quantity of these Specifications.

1.9 Cooperation with Others

The Contractor shall cooperate with the owners of any underground or overhead utility lines in their removal and rearrangement operations, in order that these operations may progress in a reasonable manner and that service rendered by these parties will not be interrupted. The Owner shall not be responsible for costs associated with delays, disruptions and remobilizations attributed to utility agency scheduling.

1.10 Guarantee

All work shall be guaranteed for 12 months after completion and acceptance of the work unless otherwise specified. The guarantees are to be construed as being supplemental in nature and in addition to any and all other remedies available to the Owner under the laws of the State of Florida.

1.11 Priority

In any instance where there is an apparent conflict between these technical specifications special provisions and the corresponding terms of the "Standard Specifications", these special provisions followed by these technical specifications shall be controlling.

1.12 Site Investigation

The Contractor acknowledges that he has satisfied himself as to the nature and location of the work; the general and local conditions, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials; availability of labor, water, electric power, roads; and uncertainties of weather, water stages, tides or similar physical conditions at the site; the conformation and conditions of the ground; the



character of equipment and facilities needed preliminary to and during prosecution of the work.

The Contractor further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered, insofar as this information presented by the drawings and Specifications made a part of this contract.

The Contractor shall carefully review and adhere to conditions and recommendations made in the project geotechnical report.

Any failure by the Contractor to acquaint himself with the available information will not relieve him from responsibility for estimating properly the difficulty or cost of successfully performing the work.

The Owner assumes no responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by the Owner. The Owner also assumes no responsibility for any understanding or representations made by its officers or agents during or prior to the execution of this Contract, unless (1) such understanding or interpretations are made in writing by the Engineer or are expressly stated in the Contract and (2) the Contract expressly provides that the responsibility therefore is assumed by the Owner.

1.13 Contractor/Subcontractor Work Experience and Qualifications

The Contractor or subcontractors shall have a minimum of five years’ experience in their particular trade and shall provide four (4) references relating specifically to the type of work that shall be performed for this project.

The Contractor shall assure that all superintendents, foremen and workmen are competent, careful and reliable. All workmen must have sufficient skill and experience to properly perform the work assigned them. All workmen engaged on special concrete bases, pavements or structures, or in any trade, shall have had sufficient experience in such work to perform it properly and satisfactorily and to operate the equipment involved, and shall make due and proper effort to execute the work in the manner prescribed in the Specifications, or the Engineer may take action as prescribed below.

Whenever the Engineer has determined that any person is incompetent, unfaithful, intemperate, disorderly or insubordinate, such person shall, upon notice, be discharged from the work and shall not again be employed on it except with the written consent of the Engineer. Should the Contractor fail to remove such person or persons the Engineer may withhold all documents, which are or may become due, or may suspend the work until such orders are complied with.

Within ten days after the award of any subcontract, either by himself or a subcontractor, the Contractor shall deliver to the Engineer a statement setting forth the name and address of the subcontractor and a summary description of the work subcontracted.

The Contractor shall be as fully responsible to the Owner for acts and omissions of his subcontractor and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him.



1.14 Project Sign

The Contractor shall furnish the Project sign. Project identification sign shall be constructed and maintained at the project site as directed by the Owner. The Contractor shall erect, maintain and relocate the sign as directed for the duration of the Project.

The Contractor shall mount the sign using 4-inch pressure treated lumber or as approved by the Engineer, and other supports as required, at a location mutually agreed by the Engineer and the Contractor.

Payment for installing and maintaining the Project sign shall be included as part of the lump sum quantity for Mobilization. The sign will remain the property of the Owner upon completion of the Project unless otherwise directed.

The sign size shall be 8 feet by 4 feet by ¾-inch exterior plywood. The Contractor shall coordinate with the Owner for the sign verbiage and logos before fabrication.

A sample SWFWMD Project Sign for a City of Tampa/FDOT is shown as follows:

1.15 Dewatering

No separate payment shall be made for dewatering and the cost of such work shall be included in the applicable pay item (i.e., unit cost of pipe, etc.), unless otherwise provided under separate section of these Specifications.

1.16 Sheeting and Bracing

No separate payment shall be made for sheeting and bracing and the cost of such work shall be included in the applicable pay item unless otherwise provided under separate section of these Specifications.



1.17 Other Permits

The Contractor shall comply and adhere to conditions stipulated in other project related permits. It is the Contractor's responsibility to request or obtain a listing of available required permits for this project.

1.18 Maintenance of Traffic

The Contractor shall provide access to businesses and local residents at all times. Business Entrance signs per FDOT Index 17355 (FTP-59) shall be placed at all business entrance points and maintained during all phases of construction. Payment for these items shall be included under the pay item for Maintenance of Traffic.

1.19 Maintenance of Traffic Plan

The Contractor shall prepare a Maintenance of Traffic and sidewalk plan and submit it to the Engineer and the Project Manager for review prior to implementation. It must comply with all FDOT safety criteria, FDOT Index 600 Series Indexes, and allow for traffic, both vehicular and pedestrian, to operate in daytime or nighttime. The Maintenance of Traffic plan will require the seal of a licensed professional engineer if it varies from the standards in the latest FDOT Index book. No road closures will be allowed without approval from the Owner.

It is the contractor’s responsibility to coordinate with the Owner for a sequence of construction including any necessary closures of Williams Pier. The contractor shall provide access to the businesses at all times for pedestrians. The closure of Williams Pier should be limited to weekdays and avoid holidays. The sequence of construction and closure of Williams Pier shall be considered during bid opening and become part of the contract.

1.20 Sidewalks to Remain Open

Existing sidewalks and proposed sidewalks completed during construction shall remain open at all times unless otherwise approved by the Owner. Payment for these items shall be included under the pay item for Maintenance of Traffic.

1.21 Dust Control

The Contractor shall control dust resulting from construction operations at all times. The locations and frequencies of applications shall be as directed by the Engineer. Dust control is required to be in accordance with the FDOT Standard Specifications Section 102-5. Payment for Dust Control shall be made under Mobilization unless separate pay item for Dust Control is specified.

1.22 Underground Utility Locations

The Contractor shall field verify by means of subsurface locating or other approved method all existing utilities to remain and conditions as may be required for the work area.



This shall include all areas of potential conflicts with proposed irrigation and other proposed lines. The Contractor shall locate all existing utilities to remain at potential conflict locations prior to construction activities and before ordering any proposed structures. The Contractor shall contact and coordinate with "Sunshine" as well the individual utilities prior to and during construction for utility locations, relocation and assistance while installing in potential conflict areas. All utility coordination and relocations shall be factored into the Contractor’s construction schedule at no additional cost to the Owner.

Company Name Phone

City of Gulfport Clay Lott 727-893-1085

Duke Energy – St. Petersburg Sharon Dear 407-942-9421

Verizon David Wynns 813-978-2164

Teco Peoples Gas – St. Petersburg Jasmin Grimard 727-423-7140

Pinellas County Utilities Jay Perkins 727-464-3536

Bright House Networks Donald Anthony 727-224-5459

The cost of all labor, materials and incidentals required for the performance of any survey and utility location work shall be included under the pay item for Mobilization. A Florida registered land surveyor shall perform all survey work.

1.23 Daily Clean-Up Requirements

The Contractor shall clean up the job site at the end of each workday. Clean up will include the elimination of rubble and waste material on public and private property. Driveways shall remain accessible. Each Friday, the Contractor shall prepare the road surface and barricades in an acceptable manner for weekend traffic use.

1.24 Utility Conflicts

It shall be the Contractor's responsibility to avoid conflicts with other utilities. The Owner will not be responsible for additional costs incurred by the Contractor for incorrect installations, relocations and breaks due to service conflicts.

1.25 Maintenance and Restoration of Job Site

The Contractor shall conduct his operations in such a manner as will result in a minimum of inconvenience to occupants of adjacent homes and business establishments and shall provide temporary access as directed or as may be required by the Project Manager. All final restoration must be performed to an equal or better condition than that which existed prior to construction.

Good housekeeping on this project is extremely important and the Contractor will be responsible for keeping the construction site neat and clean, with debris being removed daily as the work progresses or as otherwise directed by the Project Manager. Good housekeeping at the job site shall include: Removing all tools and temporary structures, dirt, rubbish, etc.; hauling all excess dirt, rock, etc., from excavations to a dump provided



by the Contractor; and all clean up shall be accomplished to the satisfaction of the Project Manager. Dust will be controlled daily as may be required. Immediately after construction completion in an area or part thereof (including restoration), barricades, construction equipment and surplus and discarded materials shall be removed by the Contractor.

In the event that the timely clean up and restoration of the job site is not accomplished to the satisfaction of the Project Manager, the Project Manager shall make arrangements to affect the necessary clean up by others. The Contractor shall be charged for these costs through deductions in payment due the contractor. If such action becomes necessary on the part of and in the opinion of the Project Manager, the Owner shall not be responsible for the inadvertent removal from the work site of materials which the Contractor would not normally have disposed of had he affected the required clean up.

1.26 Notice and Service Thereof

All notices, which shall include demands, instructions, requests, approvals, and claims, shall be in writing. Any notice to or demand upon the Contractor shall be sufficiently given if delivered to the office of the Contractor specified in the bid (or to such other office as the Contractor may, from time to time, designate to the Owner in writing), or if deposited in the United States mail in a sealed, postage prepaid envelope, or delivered, with charges prepaid, or sent via fax transmission, in each case addressed to such office.

All notices required to be hand delivered to the Owner, unless otherwise specified in writing to the Contractor, shall be delivered to the Project Manager, and any notice to or demand upon the Owner shall be sufficiently given as delivered to the office of the Project Manager, or if deposited in the United States mailed in a sealed, postage prepaid envelope, or sent via fax transmission, in each case addressed to said Project Manager or to such other representative of the Owner or to such other address as the Owner may subsequently specify in writing to the Contractor for such purposes.

Any such notice or demand shall be deemed to have been given or made as of the time of actual delivery or (in the case of mailing) when the same should have been received in due course of post or in the case of a fax transmission at the time of actual receipt, as the case may be.

1.27 Requirements for Control of the Work

Prior to the start of the Work described in this contract, a pre-construction conference may be held by the Project Manager to be attended by the Contractor and representatives of the various utilities and others as required, for the purpose of establishing a schedule of operations which will coordinate the work to be done under this contract with all related work to be done by others within the limits of the project.

All items of work in this contract shall be coordinated so that progress of each related item will be continuous from week to week. The progress of the work will be reviewed by the Project Manager at the end of each week, and if the progress of any item of work during that week is found to be unsatisfactory, the Contractor shall be required to adjust the rate of progress on that item or other items as directed by the Project Manager without additional compensation. The Contractor will continuously control the work until completed.



1.28 Use of Private Property

All construction activities required to complete this project in accordance with the Contract Documents shall be confined to public right-of-way, easements of record or temporary construction easements, unless the Contractor makes specific arrangements with private property owners for his use of their property. Written authorization from the granting property owner shall be placed on file with the Project Manager prior to utilization of said private properties. The Owner assumes no responsibility for damage to private property in such instances. The Contractor is responsible for protection of private property abutting all work areas on this project. Adequate equipment storage and material storage shall also be accomplished outside the Owner’s right-of-way. Pipe and other materials shall not be strung out along the right-of-way, but will be delivered in quantities adequate for one day’s

installation. The Owner will coordinate with the Contractor to identify possible storage sites.

1.29 Pre-Construction Photography

The Contractor shall do a pre-construction video recording on a DVD format on this project and provide two copies to the Owner. Payment for this item shall be included under the pay item for Mobilization.

1.30 Contractor to Execute NPDES “Notice of Intent”

Prior to proceeding with construction, the Contractor shall prepare and submit a “Notice of Intent to Use Generic Permit for Stormwater Discharge from Construction Activities that Disturb One or More Acres of Land” to the Florida Department of Environmental Protection (FDEP). The Contractor shall monitor the site at all times and take appropriate action to prevent erosion including the use of BMPs. No pumping of ground or surface water shall be performed without approval from the Water Management District. Following completion of construction, Contractor shall prepare and submit a “Notice of Termination of Generic Permit Coverage” to FDEP. Payment for this item shall be included under the pay item for Mobilization.

1.31 Minimum Requirements for Prospective Contractors

All Bidders are hereby advised that the City will only accept bids from qualified Contractors who have successfully completed a minimum of three projects during the past five

years of a similar type as the project being bid, and whose project Superintendent has also successfully completed a minimum of three projects of a similar type during the past five years. Failure to demonstrate compliance to the following qualification requirements will render the bid non-responsive.

1.32 Worksite Traffic Supervisor

a. Whenever the Contractor’s operations affect a roadway, the Contractor shall have a Worksite Traffic Supervisor who will be responsible for initiating, installing and maintaining all traffic control devices as described in Section 102 of the FDOT Standard Specifications for Road and Bridge Construction and in the Plans. The



Worksite Traffic Supervisor shall have at least one year of experience directly related to work site traffic control in a supervisory or responsible capacity and shall be certified by the American Traffic Safety Services Association Worksite Traffic Supervisor Certification Program or an equal approved by FDOT. Approved alternate Worksite Traffic Supervisors may be used when necessary.

b. The Worksite Traffic Supervisor shall be available on a 24-hour per day basis and shall review the project on a day-to-day basis as well as being involved in all changes to traffic control. The Worksite Traffic Supervisor shall have access to all equipment and materials needed to maintain traffic control and handle traffic related situations. The Worksite Traffic Supervisor shall ensure that routine deficiencies are corrected within a 24-hour period.

c. The Worksite Traffic Supervisor shall be available on the site within 45 minutes after notification of an emergency situation, prepared to positively respond to repair the work zone traffic control or to provide alternate traffic arrangements.

d. Failure of the Worksite Traffic Supervisor to comply with the provisions of the Sub-article may be grounds for decertification or removal from the project or both. Failure to maintain a designated Worksite Traffic Supervisor or failure to comply with these provisions will result in temporary suspension of all activities except traffic and erosion control and such other activities deemed to be necessary for project maintenance.

e. Payment for Worksite Traffic Supervisor shall be included under the pay item for Maintenance of Traffic.

1.33 Contractor’s Supervision

a. Prosecution of Work: The Contractor shall give the work the constant attention necessary to assure the scheduled progress. He shall cooperate fully with the Engineer and with other Contractors at work in the vicinity.

b. Contractor’s Superintendent: The Contractor shall at all times have on the work site as his agent, a competent superintendent capable of thoroughly interpreting the plans and specifications and thoroughly experienced in the type of work being performed, who shall receive the instructions from the Engineer or his authorized representatives. The superintendent shall have full authority to execute the orders or directions of the Engineer and to supply promptly any materials, tools, equipment, labor and incidentals that may be required. Such superintendence shall be furnished regardless of the amount of work sublet.

c. The Contractor’s superintendent shall speak and understand English, and at least one responsible person who speaks and understands English shall be on the project during all working hours.

d. Supervision for Emergencies: The Contractor shall have a responsible person available at or reasonably near the work site on a 24-hour basis, 7 days a week, in order that he may be contacted for emergencies and in cases where immediate action must be taken to maintain traffic or to handle any other problem that may arise. The Contractor’s responsible person for supervision for emergencies shall speak and understand English. The Contractor shall submit, by certified mail,



phone numbers and names of personnel designated to be contacted in cases of emergencies along with a description of the project location to the Florida Highway Patrol and all other local law enforcement agencies.

1.34 List of Emergency Contact Numbers & Utility Service Maintenance

The Contractor shall obtain and maintain a list of emergency contact phone numbers for all utilities during the course of the project. The Contractor shall maintain utility service during the project except for interruptions authorized by the utility owner. If interruptions are required, the Contractor shall notify the Owner 48 hours in advance.

1.35 Progress Schedule

A progress schedule acceptable to the Engineer and the Owner shall be submitted prior to the pre-construction conference and shall be updated on a monthly basis with the pay estimate submittal.

1.36 Existing Items

If the Contractor, in the process of performing his contract operations, breaks any of the existing items that are to remain in place, replacement of these items will be at the Contractor’s expense.

1.37 Record Drawings and Project Certification

The Owner and/or Engineer will furnish the Contractor copies of the bid plans to be used for the record drawings. A Florida Registered Surveyor shall perform a field survey and any differences between the plan elevations or dimensions shall be marked through and the as-built elevation or dimension legibly entered. All elevations and dimensions that are correct shall have a check mark placed beside it.

Upon completion of the work, four (4) sets of draft “Record Drawings” shall be submitted to the Owner for review. Such drawings shall accurately show all approved field changes to the original Construction Drawings, including actual locations, dimensions and elevations and shall be subject to a field review in the presence of the Engineer or his designated representative. The drawings are to be prepared by competent personnel, neatly drafted and certified, signed and sealed by a Florida Registered Surveyor.

Following completion of construction and prior to final payment, the Contractor shall submit a Certification by the Contractor and Manufacturer including test data that the materials installed meet plan specifications and regulatory requirements.

The Contractor shall incorporate any comments from the Owner and/or Engineer and shall submit two write-only CD-ROMs and six sets of 24 by 36-inch certified prints with the Surveyor’s certification.

In addition, $25,000 or five percent (whichever is smaller) of the Contract price shall be retained until the Owner has approved the “Record Drawings”. The Owner and/or Engineer will review and approve the “Record Drawings within 30 days unless additional



information is required. No final payment shall be made until such time as the “Record Drawings” have been approved and accepted.

1.38 Material Testing Table

Test Test Test

Item Test Identification

Requirements Frequency

Vertical Horizontal

Utility Maximum Density AASHTO T-180 N/A Per Soil Trench Optimum Moisture Classification/ Backfill Field Density Per Laboratory

AASHTO T-180 One Per Lift One Per 200 LF

Subgrade Maximum Density AASHTO T-180 N/A Per Soil Unclear Optimum Moisture Classification/

New Curb Field Density Per Laboratory

AASHTO T-180 One One Per 200 LF

Limerock/ Maximum Density AASHTO T-180 N/A Per Soil Shell Base Optimum Moisture Classification/

Field Density Per Laboratory

AASHTO T-180 One Per Lift One Per 200 LF

Soil Soil Cement AASHTO T-134 One One Per 200 LF Cement

Base Placement/ Monitoring and Densities Thickness AASHTO T-135

Determinations

Concrete Compressive Strength (Three Cylinders/Test)

AASHTO T-23 and

AASHTO T-119

One Set/Day for Pours Between

10 & 50 CY Additional Set

AASHTO T-22 for Each 50 CY Slump, Air Content and

AASHTO T-180 Daily or 1 Per 50 CY Max

Asphalt Material Quality Florida D.O.T. Per Spec Gradation, Stability Daily or 1 Per Bitumen Content 50 CY Max

Recycled Gradation Densities AASHTO T-180 One Per Lift Per Soil Concrete Thickness Classification/

Base Determinations Per Laboratory One Per 200 LF



Section 2. Additional Technical Specifications

Unless otherwise specified, all applicable Articles and Subarticles of the July 2019 edition of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction Division II & III (Construction Details and Materials divisions) shall be adhered to, except where revised or amended, as follows:

Section T1 General

Section T400 Concrete

Section T401 Concrete Spall Repair

Section T411 Concrete Crack Sealing

January 21, 2020 Cardno, Inc. Additional Technical Specifications 64 Bid Package.docx


Section T1 General

The scope of work for this project includes the superstructure rehabilitation of the Williams Fishing Pier, as shown in the Plans and described in these Specifications. The rehabilitation work includes the removal of the concrete deck, restoration of spalled concrete areas, sealing of concrete cracks, the installation of new concrete deck and miscellaneous repairs. Applications for environmental permitting have been submitted by the City of Gulfport. The application for all other permits necessary for construction, such as right-of-way use permits, erosion and siltation control permits, building permits etc., shall be the responsibility of the Contractor and included in this scope of work.

Project Schedule.

The project shall be substantially complete within 335 calendar days of receiving notice-to-proceed from the City of Gulfport, and final completion shall be within 365 calendar days of receiving the notice-to-proceed. The Contractor shall submit an initial Project schedule for approval by the City of Gulfport.

Staging Area.

The Contractor may negotiate a staging area location with the City of Gulfport at no cost to the Contractor. After the work is complete, the Contractor shall be responsible to restore the staging area to its original condition.

Contractor Submittals.

The Contractor shall submit shop drawings, design drawings, material specifications, catalog cuts, product documentation, construction procedures, testing results, and delivery tickets as specified in the Contract Documents. The following pre-construction submittals, which may not be all inclusive, are required by this project.

Concrete mix designs

Neoprene bearing material data

Spall repair material data

Concrete crack sealing material data

Prestressed slab shop drawings

Thermoplastic lettering data

Expansion joint material data

Connector plate material data

Navigation light catalog data

Conduit & attachment material data

Junction box material data

Wire conductor material data

Light pole shop drawing

Luminaire catalog data

Light pole paint material data



Section T400 Concrete

T400-1 General:

Construct concrete based on the type of work as described in the Contract and the concrete work categories as defined below.

T400-1.2 Work Categories: Construction will fall into one of the following concrete work categories:

T400-1.2.1 Concrete Work Category 1: Includes the construction of sidewalks, curb and gutter, ditch and slope pavement, or other non-reinforced cast-in- place elements.

T400-1.2.2 Concrete Work Category 2: Includes the construction of precast concrete including concrete barriers, traffic railing barriers, parapets, sound barriers, inlets, manholes, junction boxes, pipe culverts, storm sewers, box culverts, prestressed concrete poles, concrete bases for light poles, highway sign foundations, retaining wall systems, traffic separators or other structural precast elements.

T400-1.2.3 Concrete Work Category 3: Includes the work associated with the placement and/or construction of structural cast-in-place concrete meeting the requirements of this section.

T400-2 Materials.

T400-2.1 General: Use concrete composed of a mixture of Portland cement, aggregates, and water, with or without chemical or mineral admixtures that meet the following requirements:

T400-2.1.1 Portland Cement: Portland cements meeting the requirements of AASHTO M-85 or ASTM C-150 is required. Different brands of cement, cement of the same brand from different facilities or different types of cement shall be stored separately and shall not be mixed.

T400-2.1.2 Coarse and Fine Aggregates: Aggregates shall meet ASTM C 33. Source approval by the FDOT is not required.

T400-2.1.3 Water: Water shall meet the requirements of ASTM C 1602.

T400-2.1.4 Chemical Admixtures: Chemical admixtures shall be listed on the FDOT Qualified Products List. Admixtures may be added at the dosage rates recommended by the manufacturer.

T400-2.1.5 Pozzolans and Slag: Pozzolans and Slag shall meet the requirements of Table T400-1. Fly ash shall not include the residue resulting from the burning of municipal garbage or any other refuse with coal, or the burning of industrial or municipal garbage in incinerators.

Table T400-1 Type or Class Test Method Exceptions

Class C Fly Ash ASTM C 618 Not to be used with Types IP or IS cements. Class F Fly Ash ASTM C 618 Not to be used with Types IP or IS cements.

Petroleum Coke Class F ASTM C 618 Not to be used with Types IP or IS cements. Bark Ash Class F ASTM C 618 Not to be used with Types IP or IS cements.

Silica Fume ASTM C 1240 Metakaolin ASTM C 618

Slag ASTM C 989 Use only ground granulated blast-furnace slag grade 100 or 120.

Ultra Fine Fly Ash ASTM C 618 Not to be used with Types IP or IS cements.

T400-3 Production, Mixing and Delivery of Concrete. T400-3.1 Concrete Production Requirements: T400-3.1.1 Category 1: Use a concrete production facility that is certified by the National Ready Mixed Concrete Association (NRMCA) or listed on the FDOT list of non-structural concrete producers. Concrete production facilities listed on the FDOT Producers with Accepted QC Programs list for structural concrete may also be used for Category 1.



T400-3.1.2 Category 2: Use a prestressed and or precast facility listed on the FDOT Producers with Accepted QC Programs for precast or prestressed concrete. T400-3.1.3 Category 3: Use a structural concrete facility listed on the FDOT Producers with Accepted QC Programs for structural concrete. T400-3.2 Classes of Concrete: Meet the requirements of Table T400-2. Table T400-2

Class Minimum

Strength (28 day) (psi)

Target Slump

(inches)

Target Range

(inches)

Air Content Range (%)

Minimum Total Cementitious

Materials Content (lb/yd3)

Maximum Water to Cementitious Material Ratio

(lb/lb) Category 1

Class NS 2,500 N/A N/A N/A N/A N/A Category 3

I 3,000 3 ± 1.5 1.0 to 6.0 470 0.53 I (Pavement) 3,000 2 ± 1.5 1.0 to 6.0 470 0.50

II 3,400 3 ± 1.5 1.0 to 6.0 470 0.53 II (Bridge

Deck) 4,500 3 ± 1.5 1.0 to 6.0 611 0.44

III 5,000 3 ± 1.5 1.0 to 6.0 611 0.44 III (Seal) 3,000 8 ± 1.5 1.0 to 6.0 611 0.53

IV 5,500 3 ± 1.5 1.0 to 6.0 658 0.41 IV (Drilled

Shaft) 4,000 8.5 ± 1.5 0.0 to 6.0 658 0.41

V (Special) 6,000 3 ± 1.5 1.0 to 6.0 752 0.37 V 6,500 3 ± 1.5 1.0 to 6.0 752 0.37 VI 8,500 3 ± 1.5 1.0 to 6.0 752 0.37

T400-3.3 Contractors Quality Control: For Categories 1 and 2, assume full responsibility for controlling all operations and processes such that the requirements of these Specifications are met at all times.

For Category 3, furnish a Quality Control (QC) plan to identify to the City’s Representative how quality will be ensured at the project site. During random inspections, the City’s Representative will use this document to verify that the construction of the project is in agreement with the QC plan.

T400-3.4 Concrete Mix Design: Before producing any Category 1 or Category 2, submit the proposed mix designs to the City’s Representative on a form provided by the City’s Representative. For Category 3, submit to the City’s Representative for approval, FDOT approved mix designs. Do not use concrete mix designs without prior approval of the City’s Representative.

Materials may be adjusted provided that the theoretical yield requirement of the approved mix design is met. Show all required original approved design mix data and batch adjustments on a City’s Representative approved concrete delivery ticket.

T400-3.5 Delivery: For Category 3, the maximum allowable transit time of concrete is 90 minutes. Furnish a delivery ticket on a form approved by the City’s Representative with each batch of concrete before unloading at the placement site. Record material quantities incorporated into the mix on the delivery ticket. Ensure that the Batcher responsible for producing the concrete signs the delivery ticket certifying that the batch was produced and delivered in accordance with these requirements. Sign the delivery ticket certifying that the concrete was placed in accordance with these requirements.

T400-3.6 Placing Concrete:

T400-3.6.1 Concreting in Cold Weather: Do not mix or place concrete when the air temperature at placement is below 45°F.

During the curing period, if NOAA predicts the ambient temperature to fall below 35°F for 12 hours or more or to fall below 30°F for more than 4 hours, enclose the structure in such a way that the air



temperature within the enclosure can be kept above 50°F for a period of 3 days after placing the concrete or until the concrete reaches a minimum compressive strength of 1,500 psi.

Assume all risks connected with the placing and curing of concrete. Although the City’s Representative may give permission to place concrete, the Contractor is responsible for satisfactory results. If the placed concrete is determined to be unsatisfactory, remove, dispose of, and replace the concrete at no expense to the Agency.

T400-3.6.2 Concreting in Hot Weather: For Category 3, hot weather concreting is defined as the production, placing and curing of concrete when the concrete temperature at placing exceeds 86ºF but is less than 100ºF.

Unless the specified hot weather concreting measures are in effect, reject concrete exceeding 86ºF at the time of placement. Regardless of special measures taken, reject concrete exceeding 100ºF. Predict the concrete temperatures at placement time and implement hot weather measures to avoid production shutdown.

T400-3.7 Mixers: For Category 3 concrete, do not place concrete from a truck mixer that does not have a current FDOT mixer identification card.

T400-3.8 Small Quantities of Concrete: With approval of the City’s Representative, small quantities of concrete, less than 3 cubic yards placed in one day and less than 0.5 cubic yards placed in a single placement may be accepted using a pre-bagged mixture. The City’s Representative may verify that the pre-bagged mixture is prepared in accordance with the manufacturer’s recommendations and will meet

the requirements of this Specification.

T400-3.9 Sampling and Testing:

T400-3.9.1 Category 1: The City’s Representative may sample and test the concrete to verify its quality. The minimum 28 day compressive strength requirement for this concrete is 2,500 psi.

T400-3.9.2: Category 2: No sampling and testing is required for category 2.

T400-3.9.3 Category 3: The City’s Representative will randomly select a sample from each 200 cubic yards or one day’s production to determine plastic properties and to make three 4 x 8 inch cylinders for

testing by the City’s Representative at 28 days to ensure that the design compressive strength has been met for the class of concrete as specified in Table T400-2.

T400-3.10 Records: Ensure the following records are available for review for at least 3 years after final acceptance of the project:

1. Approved concrete mix designs.

2. Materials source (delivery tickets, certifications, certified mill test reports).

3. A copy of the scale company or testing agency report showing the observed deviations from quantities checked during calibration of the scales and meters.

4. A copy of the documentation certifying the admixture weighing/measuring devices.


https://T400-3.10


Section T401 Concrete Spall Repair

T401-1 Description.

T401-1.1 General: Perform concrete repairs as specified in the plans and as directed by the City’s Representative. The repairs may consist of large or small areas.

T401-1.2 Quantities: Due to the nature of the deterioration present on these bridges, the City’s Representative may add or delete quantities with no adjustment to the contract unit prices.

T401-2 Materials.

T401-2.3 Repair/Patching Materials:

T401-2.3.1 Latex Modified (Polymer Concrete): All materials shall be supplied by the same manufacturer and be approved by the City’s Representative for the specific application. Use a pre-packaged latex modified (polymer concrete) repair materials designed for the specific application and apply in accordance with the manufacturer’s recommendations. For underwater repairs, use an approved underwater repair mortar. The selected materials shall have a minimum compressive strength of 5500 psi at 28 days and shall not exceed a maximum chloride content of 0.4 pounds of chloride per cubic yard of material when placed. Patch materials and aggregates shall be kept at a clean, dry location away from contaminants.

T401-2.3.2 Class IV Concrete: Class IV concrete with # 89 aggregate shall be in accordance with FDOT Standard Specifications and properties based on Florida Lime rock aggregate.

T401-2.3.3 Bonding Agent: Bonding compound shall be solvent free; epoxy-cement based, and shall not perform as a vapor barrier. The bonding compound used shall contain corrosion inhibitors and shall be suitable for application over concrete and reinforcement with a minimum application time of 1 hour after mixing. The bonding compound shall be mixed and applied as per manufacturer’s specifications. All bonding compounds and inhibitors shall be compatible with the patching material and applied in accordance with the manufacturer's recommendations and these specifications.

T401-2.3.4 Other: Other applicable concrete repair materials available on the FDOT Approved Product List may be used as approved by the City’s Representative.

T401-2.4 Submittals: Manufacture’s Technical/Product Data sheets, Specifications, Material Safety Data Sheets (MSDS) and Certification for all repair materials, bonding and corrosion inhibitors to be used shall be submitted for approval. The submittal shall include but not be limited to the following;

Pre-packed concrete repair materials including formulation and aggregates; shall include technical data indicating compliance with contract requirements. All aggregates added in the field shall be from an FDOT approved source unless certified satisfactory by the concrete material manufacturer.

Concrete bonding compound data sheet and MSDS.

Abrasive blasting material data sheet and MSDS.

T401-3 Construction Method

The location and limits of the concrete spall repair shall be identified and marked in the field in the presence of the City’s Representative prior to the start of work.

T401-3.1 Surface Preparation: Saw cut ½" deep along the perimeter of the repair area. Adjust depth of saw cut if shallow steel is encountered. Feathering of the patch material at the edges is not allowed.

Remove all deteriorated concrete within the saw cut limits. Only hand tools, light duty (30 lb max) pneumatic or electric chippers and electric or air saws shall be used for the concrete removal. Exercise extreme caution to avoid cutting or damaging the existing reinforcing steel and/or damaging sound



concrete. Should reinforcing steel or sound concrete be damaged, concrete removal work shall stop and a damage report shall be submitted to the City’s Representative. A repair method for the damaged area(s) shall be submitted for approval by the City’s Representative prior to continuing the concrete removal work. If in the opinion of the City’s Representatives damage to sound concrete or existing reinforcement was due to carelessness it shall be repaired at no expense to the Department.

Remove the concrete adjacent to exposed reinforcement as recommended by the patch material manufacture (1" minimum) or to whatever additional depth is necessary to reach sound concrete. Extend the concrete removal six (6”) inches beyond the corroded portion of the reinforcing or two (2”) inches maximum beyond the spalled area. Removal of concrete adjacent to prestressed strands or reinforcing steel shall be done with a 15lb chipping hammer (maximum size) and a 4lb scaling hammer.

Unsound concrete extending a depth of two (2”) inches or more beyond the reinforcement or more than 20% of the cross section area has deteriorated the City’s Representative shall be notified at once and a

revised repair procedure shall be prepared for the City’s Representatives approval.

If the bonding is lost between the existing reinforcement and existing concrete or damaged, extend the concrete removal until bonded undamaged steel is reached.

Roughen and clean the exposed concrete surfaces, including the saw cut face around the perimeter of the repair area, and clean the reinforcement as per the patch material manufacturer's recommendations. As a minimum clean all reinforcing bars to remove all rust to either SSPC-SP2 Hand Tool Cleaning or SSPC-SP7 Brush-Off Blast Cleaning. Special attention shall be observed to ensure proper cleaning and preparation of the backside of the rebars and/or strands.

All surfaces to receive patch material must be clean, sound and free of surface moisture, oil and grease. Remove dust, residue, marine growth, laitance, grease, curing compounds, waxes, impregnation, foreign particles and other bond inhibiting materials from the surface by sandblasting. Water blasting is not permitted. Chip off areas that have been saturated with oil or grease to a sound non-contaminated concrete. Areas that may trap air shall be vented to prevent air entrapment/voids.

T401-3.2 Patch Procedure: Patch material shall be applied to the repair area within 72 hours after the area has been cleaned. If areas become contaminated after initial cleaning, they must be re-cleaned prior to applying the repair material.

Just prior to applying the patch material apply a coat of bonding agent to all surfaces within the repair area in accordance with the manufacturer's recommendations.

All repairs shall be made using methods to ensure the patch material is carefully worked into the repair area to achieve intimate uniform contact between the repair mortar and the concrete in accordance with manufactures recommendations.

T401-3.3 Reinforcement: Existing reinforcement shall be maintained at its original position. If existing reinforcement has been cut or damage during the concrete removal procedure or has lost 20% or more of its cross section, a new bar of equal size shall be drilled and epoxied into place or lapped with a lap splice or embedded length as indicated in the plans. Additional concrete removal may be necessary to provide the lap or embedment length. In place of a single bar dual bars of equivalent or greater section may be used.

T401-3.4 Small Repairs: Smaller spalled or damaged areas of concrete, identified as 20 CF or less, shall be repaired using an approved material mixed, applied and cured in strict accordance with the manufacturer’s specifications. The City’s Representative shall approve the specific material, to ensure

that the application is appropriate. Match repair material surface to surrounding concrete surfaces. Provide V”-groove construction joints, drip notches, or any other features required to match the existing.

T401-3.5 Large Repairs: Large repairs are identified as greater than 20 CF and/or where forming is required. The contractor shall use a repair material for the large concrete repairs approved by the City’s



Representative. Match repair material surface to surrounding concrete surfaces. Provide “V”-groove construction joints, drip notches and any other features required to match the existing.

T401-3.6 Forms: Forms shall be used as required or as directed by the City’s Representative. All forms shall be removed. Stay-in-place formwork is not allowed.

No anchoring to the beams will be permitted. No permanent attachments or modifications to the structure for the purpose of supporting the forms will be allowed on any bridge component.

All formed concrete corners shall be chamfered ¾ inch in accordance with section 400-5.4.1 of the FDOT Standard Specifications unless otherwise noted and properly vented to ensure complete filling of the inside.

All forms shall be capable of withstanding internal and/or external vibration and the anticipated head pressure of the repair material.

If placing the repair material by pump method start at the bottom of the form to ensure proper air venting. Cap the vents when all air has been removed and maintain pumping pressure until an increase of 3 to 6 psi is observed and close the port.

If placing the repair material by pour method, provide shoots and maintain these full to produce a standing head pressure to ensure complete filling of the forms. Remove shoots and excess material after the material has set.

After forms are removed, remove all anchors and patch all holes created to support forms, false work, etc. with an approved mortar or epoxy.

T401-3.7 Curing:

T401-3.7.1 Formed Areas: The concrete shall be form cured for a minimum of 7 days before removing the forms. Form curing time may be extended by the City’s Representative based on site conditions.

Ambient exposed areas of concrete shall be wet cured for the same amount of time as for form curing. Every effort shall be made to avoid shrinkage cracking of the poured repaired material including, but not limited to: external cooling in the forms, or wet burlap curing after removal of the forms. No curing compounds shall be used on areas to receive metalizing.

T401-3.7.2 Non-Formed Areas: Non-form areas shall be cured as recommended by the repair material manufacturer.

T401-3.8 Submittals: Shop drawings shall be submitted for approval indicating type of form system to be used, showing supports system, method of concrete placement, and containment of concrete and waste materials.

T401-7 Method of Measurement.

The quantity of concrete repairs to be paid for under this section shall be the volume in cubic feet of repair material authorized, satisfactorily placed and accepted. The method utilized in determining the volume will be the surface area in square feet multiplied by the average depth of such areas.

T401-8 Basis of Payment.

Payment for this work shall include all equipment, labor, concrete removal, saw cutting, surface preparation, temporary shoring where needed, bonding agent, forming, materials, and any incidental items necessary to complete the work.



Section T411 Concrete Crack Sealing

T411-1 Description.

Clean and seal cracks in concrete.

T411-2 Materials.

Meet the requirements of Section 926 of the FDOT Standard Specifications for Type F-1 compound epoxy for sealing crack surfaces. Use epoxy materials listed on the FDOT Approved Product List.

T411-3 Construction.

Grind a uniform V-groove along the length of the crack opening. Cut the V-groove approximately 1/2 inch wide and 1/4 to 1/2 inches deep.

Clean the area surrounding the cracks of all deteriorated concrete, efflorescence and other contaminants detrimental to the adhesion of the surface sealing epoxy compound. Clean the interiors of the cracks with air under sufficient pressure to remove loose materials entrapped within the crack including efflorescence

Apply epoxy adhesive into the v-groove with a nozzle, forcing the adhesive into the crack and filling the v-groove. Excess adhesive shall be tooled flush with adjacent surfaces

T411-4 Method of Measurement.

The quantity of crack sealing to be paid for will be the linear feet of cracks or joints completed and accepted, determined by field measure.

T411-4 Basis of Payment.

Price and payment will be full compensation for furnishing all equipment, incidentals, materials, saw cutting, surface preparation, and all labor for performing the work specified in this Section.



Part C – Forms


January 21, 2020 Cardno, Inc. Part C Bid Package.docx


Section 1. Bid Tabulation Form

(Page intentionally left Blank)

January 21, 2020 Cardno, Inc. Bid Tabulation Form Bid Package.docx

BID TABULATION FORM CITY OF GULFPORT - WILLIAMS FISHING PIER REPAIR

GENERAL QUANTITIES

PAY ITEM # DESCRIPTION QTY UNIT UNIT COST TOTAL

104 11 FLOATING TURBIDITY BARRIER 160 LF 110 3 REMOVAL OF EXISTING STRUCTURE 1,200 SF

GENERAL QUANTITIES

STRUCTURAL REPAIR QUANTITIES

ITEM NO. DESCRIPTION QTY UNIT UNIT COST TOTAL

400 4 39 CONCRETE CLASS IV, PRECAST DECK OVERLAY 11 CY 400 148 PLAIN NEOPRENE BEARING PADS 1 CF 401 70 5 RESTORE SPALLED AREAS, CONTRACTOR'S OPTION 24 CF

411 1 EPOXY MATERIAL FOR CRACK INJECTION-STRUCTURES REHAB 10 GA 411 2 CRACKS INJECT AND SEAL-STRUCTURES REHAB 89 LF 412 1 CONCRETE CRACK SEALING 307 LF

450 3 11 PRESTRESSED SLAB UNITS, WIDTH 48", THICKNESS 10" 300 LF 458 1 21 BRIDGE DECK EXPANSION JOINT, REHAB, POURED JOINT 132 LF 458 1 30 BRIDGE DECK EXPANSION JOIN, CLEAN JOINT 120 CY

STRUCTURAL REPAIR QUANTITIES

SUMMARY BASED ON AFOREMENTIONED QUANTITIES

101-0100 MOBILIZATION 1 LS TOTAL CONSTRUCTION COST

1/17/2020 Page 1


The City may select pricing from the Bid Tabulation Form based on available funding and may select the lowest bidder based on the selected items for the project total bid price.

CONTRACTOR:

Total Construction Cost:

Total Construction Cost:

Printed Name:

Signed:

Title:

Firm:

Date:

January 21, 2020 Cardno, Inc. Proposal Signature Form Bid Package.docx


Section 2. Public Entity Crime Form

SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES.

THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.

1. This sworn statement is submitted to:

(print name of the public entity)

by (print individual's name and title)

for (print name of entity submitting sworn statement)

whose business address is:

and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ).

2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.

4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the

entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

January 21, 2020 Cardno, Inc. Public Entity Crime Form Bid Package.docx


5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.

6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.)

Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989.

The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order).

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.

(Signature)

Sworn to and subscribed before me this day of . Personally known OR Produced Identification

(Type of identification)

Notary Public - State of Florida My Commission expires

January 21, 2020 Cardno, Inc. Public Entity Crime Form Bid Package.docx


Part D – Southwest Florida Water Management District Permit Exemption


January 21, 2020 Cardno, Inc. Part D Bid Package.docx

Ron DeSantis Governor

Jeanette Nu ñez

Lt. Governor

Noah Valenstein

Secretary

FLORIDA DEPARTMENT O F

Environmental Protection Southwest District Office

13051 North Telecom Parkway #101

Temple Terrace, Florida 33637-0926

December 26, 2019

City of Gulfport

c/o Thomas Nicholls, Director of Public Works

2401 53rd Street South

Gulfport, Florida 33707

[email protected]

File No.: 52-0383150-001-EE, Pinellas County

Lease No.: 520960473

Dear Mr. Nicholls:

On December 20, 2019, we received your request for verification of exemption to perform the following

activities:

Perform repairs to the existing “Williams Fishing Pier”, within Boca Ciega Bay, a Class III Outstanding

Florida Waterbody, and part of the Boca Ciega Bay Aquatic Preserve. The project is located at 5400

Shore Boulevard South, Gulfport, Section 33, Township 31 South, Range 16 East, Pinellas County.

Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption, (2)

proprietary authorization (related to state-owned submerged lands), and (3) federal approval that may be

necessary for work in wetlands or waters of the United States.

Your project qualifies for all three. However, this letter does not relieve you from the responsibility of

obtaining other federal, state, or local authorizations that may be required for the activity.

If you change the project from what you submitted, the authorization(s) granted may no longer be valid at

the time of commencement of the project. Please contact us prior to beginning your project if you wish to

make any changes.

If you have any questions regarding this matter, please contact Anthony Pidala via email at

[email protected] or by phone at 813-470-5777.

www.FloridaDEP.gov

mailto:[email protected]


File Name: City of Gulfport – Williams Fishing Pier

FDEP File No.: 52-0383150-001-EE

Page 2 of 15

1. Regulatory Review – Verified

Based on the information submitted, the Department has verified that the activity as proposed is exempt,

under Chapter 62-330.051(5)(d), Florida Administrative Code, from the need to obtain a regulatory

permit under Part IV of Chapter 373 of the Florida Statutes.

This exemption verification is based on the information you provided the Department and the statutes and

rules in effect when the information was submitted. This verification may not be valid if site conditions

materially change, the project design is modified, or the statutes or rules governing the exempt activity are

amended. In the event you need to re-verify the exempt status for the activity, a new request and

verification fee will be required. Any substantial modifications to the project design should be submitted

to the Department for review, as changes may result in a permit being required.

2. Proprietary Review – Granted

The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of

Trustees) and issues certain authorizations for the use of sovereign submerged lands. The Department has

the authority to review activities on sovereign submerged lands under Chapters 253 and 258 of the Florida

Statutes, and Chapters 18-20 and 18-21 of the Florida Administrative Code.

The activity appears to be located on sovereign submerged lands owned by the Board of Trustees. The

activity is not exempt from the need to obtain the applicable proprietary authorization. As staff to the

Board of Trustees, the Department has reviewed the activity described above, and has determined that the

activity, as long as the work is performed as described in the attached project drawings, is wholly located

within the boundaries of the existing lease (BOT # 520960473) and is consistent with the terms and

conditions therein, we have no objection to the project. Therefore, consider this letter to also constitute

the authority sought under Section 253.77, F.S. to pursue this project.

3. Federal Review – SPGP Approved

Your proposed activity as outlined in your application and attached drawings qualifies for Federal

authorization pursuant to the State Programmatic General Permit V-R1, and a SEPARATE permit or

authorization will not be required from the Corps. Please note that the Federal authorization expires on

July 26, 2021. However, your authorization may remain in effect for up to 1 additional year, if provisions

of Special Condition 19 of the SPGP V-R1 permit instrument are met. You, as permittee, are required to

adhere to all General Conditions and Special Conditions that may apply to your project. Special

conditions required for your project are attached. A copy of the SPGP V-R1 with all terms and conditions

and the General Conditions may be found at

https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book.

Authority for review - an agreement with the USACOE entitled “Coordination Agreement Between the

U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental

Protection (or Duly Authorized Designee), State Programmatic General Permit”, Section 10 of the Rivers

and Harbor Act of 1899, and Section 404 of the Clean Water Act.

Additional Information

Please retain this letter. The activities may be inspected by authorized state personnel in the future to

ensure compliance with appropriate statutes and administrative codes. If the activities are not in

compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18-14, F.A.C.

www.FloridaDEP.gov

https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book


FDEP File No.: 52-0383150-001-EE

Page 3 of 15

Notice of Rights

This action is final and effective on the date filed with the Clerk of the Department unless a petition for an

administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a

petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further

order of the Department. Because the administrative hearing process is designed to formulate final agency

action, the filing of a petition means that the Department's final action may be different from the position taken

by it in this notice.

Petition for Administrative Hearing

A person whose substantial interests are affected by the Department’s action may petition for an

administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-

106.201, F.A.C., a petition for an administrative hearing must contain the following information:

(a) The name and address of each agency affected and each agency’s file or identification number, if known;

(b) The name, address, any email address, any facsimile number, and telephone number of the petitioner;

the name, address, and telephone number of the petitioner’s representative, if any, which shall be the

address for service purposes during the course of the proceeding; and an explanation of how the

petitioner’s substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision;

(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;

(e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner

contends warrant reversal or modification of the agency’s proposed action;

(f) A statement of the specific rules or statutes that the petitioner contends require reversal or

modification of the agency’s proposed action, including an explanation of how the alleged facts relate

to the specific rules or statutes; and

(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes

the agency to take with respect to the agency’s proposed action.

The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at

3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Also, a copy of the

petition shall be mailed to the applicant at the address indicated above at the time of filing.

Time Period for Filing a Petition

In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant

must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the

applicant, and other than those entitled to written notice under Section 120.60(3), F.S. must be filed

within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever

occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for

notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date

of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of

that person's right to request an administrative determination (hearing) under Sections 120.569 and

120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent

intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding

officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.

Extension of Time

www.FloridaDEP.gov

http://web2.westlaw.com/find/default.wl?ordoc=I0C7293C0912311DB8F8F8100D79B57CF&rp=%2ffind%2fdefault.wl&DB=1000006&DocName=FLSTS120%2E569&FindType=L&AP=&rs=WLW9.08&ifm=NotSet&fn=_top&sv=Split&mt=Florida&utid=4&vr=2.0&pbc=38B33E51


FDEP File No.: 52-0383150-001-EE

Page 4 of 15

Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s

action may also request an extension of time to file a petition for an administrative hearing. The

Department may, for good cause shown, grant the request for an extension of time. Requests for

extension of time must be filed with the Office of General Counsel of the Department at 3900

Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable

deadline for filing a petition for an administrative hearing. A timely request for extension of time shall

toll the running of the time period for filing a petition until the request is acted upon.

Mediation

Mediation is not available in this proceeding.

FLAWAC Review

The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek

appellate review of this order before the Land and Water Adjudicatory Commission under Section

373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission

must be filed with the Secretary of the Commission and served on the Department within 20 days from

the date when the order is filed with the Clerk of the Department.

Judicial Review

Any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a

Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk

of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35,

Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the

applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed

within 30 days from the date this action is filed with the Clerk of the Department.

Executed in Hillsborough County, Florida. STATE OF FLORIDA DEPARTMENT

OF ENVIRONMENTAL PROTECTION

Sincerely,

Anthony Pidala

Environmental Consultant

Permitting & Waste Cleanup Program

Southwest District

Enclosures:

Ch. 62-330.051(5)(d), F.A.C. and Section 403.813(1)(d), F.S.

Special Conditions Related to All Review and Authorizations

General Conditions for Federal Authorization for SPGP V

Department of the Army Permit Transfer for SPGP V

Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over

Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat

Sea Turtle and Smalltooth Sawfish Construction Conditions

Standard Manatee Conditions for In-Water Work [if Waters Accessible to Manatees]

www.FloridaDEP.gov


FDEP File No.: 52-0383150-001-EE

Page 5 of 15

Attachment:

Project Drawings

cc:

ERP Permitting, Southwest District, [email protected]

Randy Runnels, Florida Coastal Office, [email protected]

Stephanie Healey, Cardno; [email protected]

CERTIFICATE OF SERVICE

The undersigned duly designated deputy clerk hereby certifies that this determination, including

all copies, was mailed before the close of business on December 26, 2019 to the above listed persons.

FILING AND ACKNOWLEDGMENT

FILED, on this date, pursuant to 120.52(7),

Florida Statutes, with the designated Department Clerk,

receipt of which is hereby acknowledged.

December 26, 2019

Clerk Date

62-330.051(5)(d), F.A.C.

(5) Dock, Pier, Boat Ramp and Other Boating-related Work ‒

(d) Replacement or repair of existing docks and piers, including mooring piles, in accordance with

section 403.813(1)(d), F.S., provided the existing structure is still functional or has been rendered non-

functional within the last year by a discrete event, such as a storm, flood, accident, or fire.

403.813(1)(d), F.S.

(1) A permit is not required under this chapter, chapter 373, chapter 61-691, Laws of Florida, or

chapter 25214 or chapter 25270, 1949, Laws of Florida, for activities associated with the following types

of projects; however, except as otherwise provided in this subsection, this subsection does not relieve an

applicant from any requirement to obtain permission to use or occupy lands owned by the Board of

Trustees of the Internal Improvement Trust Fund or a water management district in its governmental or

proprietary capacity or from complying with applicable local pollution control programs authorized under

this chapter or other requirements of county and municipal governments:

(d) The replacement or repair of existing docks and piers, except that fill material may not be used

and the replacement or repaired dock or pier must be in the same location and of the same configuration

www.FloridaDEP.gov





FDEP File No.: 52-0383150-001-EE

Page 6 of 15

and dimensions as the dock or pier being replaced or repaired. This does not preclude the use of different

construction materials or minor deviations to allow upgrades to current structural and design standards.

Special Conditions for Federal Authorization for SPGP V-R1

Note: JAXBO (Jacksonville District’s Programmatic Biological Opinion), referenced throughout, may be

found online in the Jacksonville District Regulatory Division Sourcebook, or at

http://cdm16021.contentdm.oclc.org/utils/getfile/collection/p16021coll3/id/577.

The SPGP V-R1 instrument and all attachments may be found online through the Sourcebook, or at

https://www.saj.usace.army.mil/SPGP/

In addition to the conditions specified above, the following Special Conditions apply to all projects

reviewed and/or authorized under the SPGP V-R1.

Special Conditions for All Projects

1. Authorization, design and construction must adhere to the terms of the SPGP V-R1 instrument

including the Procedure and Work Authorized sections.

2. Design and construction must adhere to the PDCs for In-Water Activities (Attachment 6, from PDCs

AP.7 through AP11, inclusive, of JAXBO) (Reference: JAXBO PDC AP.1.).

3. All activities performed during daylight hours (Reference: JAXBO PDC AP.6.).

4. For all projects involving the installation of piles or sheet piles, the maximum number of piles, sheet

piles or concrete slab walls or boatlift I-beams installed by impact hammer per day is limited to no

more than 5 per day. Any installation of metal pipe or metal sheet pile by impact hammer is not

authorized (Reference: Categories D and E of JAXBO PDCs for In-Water Noise from Pile and Sheet

Pile Installation, page 86.).

5. Projects within the boundary of the NOAA Florida Keys National Marine Sanctuary require prior

approval from the Sanctuary (Reference: JAXBO PDCs AP.14 and A1.6).

6. Notifications to the Corps. For all authorizations under this SPGP V-R1, including Self-

Certifications, the Permittee shall provide the following notifications to the Corps:

a. Commencement Notification. Within 10 days before the date of initiating the work authorized by

this permit or for each phase of the authorized project, the Permittee shall provide a written

notification of the date of commencement of authorized work to the Corps.

b. Corps Self-Certification Statement of Compliance form. Within 60 days of completion of the

work authorized by this permit, the Permittee shall complete the “Self-Certification Statement of

Compliance” form (Attachment 32) and submit it to the Corps. In the event that the completed

work deviates in any manner from the authorized work, the Permittee shall describe the

deviations between the work authorized by this permit and the work as constructed on the “Self-

Certification Statement of Compliance” form. The description of any deviations on the “Self-

Certification Statement of Compliance” form does not constitute approval of any deviations by the Corps.

c. Permit Transfer. When the structures or work authorized by this permit are still in existence at the

time the property is transferred, the terms and conditions of this permit will continue to be

binding on the new owner(s) of the property. To validate the transfer of this permit and the

associated liabilities associated with compliance with its terms and conditions, have the transferee

sign and date the enclosed form (Attachment 2).

www.FloridaDEP.gov

http://cdm16021.contentdm.oclc.org/utils/getfile/collection/p16021coll3/id/577

https://www.saj.usace.army.mil/SPGP/

https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll7/id/8856




FDEP File No.: 52-0383150-001-EE

Page 7 of 15

d. Reporting Address. The Permittee shall submit all reports, notifications, documentation, and

correspondence required by the general and special conditions of this permit to the following

address.

(1) For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement

Section, P.O. Box 4970, Jacksonville, FL, 32232-0019.

(2) For electronic mail: [email protected] (not to exceed 10 MB). The

Permittee shall reference this permit number, SAJ- 2015-02575 on all submittals.

7. The District Engineer reserves the right to require that any request for authorization under this SPGP

V-R1 be evaluated as an Individual Permit. Conformance with the terms and conditions of the SPGP

V-R1 does not automatically guarantee Federal authorization.

8. On a case-by-case basis, the Corps may impose additional Special Conditions which are deemed

necessary to minimize adverse environmental impacts.

9. Failure to comply with all conditions of the SPGP V-R1 constitutes a violation of the Federal

authorization.

10. No structure or work shall adversely affect or disturb properties listed in the National Register of

Historic Places or those eligible for inclusion in the National Register. Prior to the start of work, the

Applicant/Permittee or other party on the Applicant’s/Permittee’s behalf, shall conduct a search of

known historical properties by contracting a professional archaeologist, and contacting the Florida

Master Site File at 850-245-6440 or [email protected]. The Applicant/Permittee can also

research sites in the National Register Information System (NRIS). Information can be found at

http://www.cr.nps.gov/nr/research.

a. If, during the initial ground disturbing activities and construction work, there are

archaeological/cultural materials unearthed (which shall include, but not be limited to: pottery,

modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout

canoes or any other physical remains that could be associated with Native American cultures or

early colonial or American settlement), the Permittee shall immediately stop all work in the

vicinity and notify the Compliance and Review staff of the State Historic Preservation Office at

850-245-6333 and the Corps Regulatory Project Manager to assess the significance of the

discovery and devise appropriate actions, including salvage operations. Based on the

circumstances of the discovery, equity to all parties, and considerations of the public interest, the

Corps may modify, suspend, or revoke the permit in accordance with 33 C.F.R. § 325.7.

b. In the unlikely event that human remains are identified, the remains will be treated in accordance

with Section 872.05, Florida Statutes; all work in the vicinity shall immediately cease and the

local law authority, and the State Archaeologist (850-245-6444) and the Corps Regulatory Project

Manager shall immediately be notified. Such activity shall not resume unless specifically

authorized by the State Archaeologist and the Corps.

11. The Permittee is responsible for obtaining any “take” permits required under the U.S. Fish and

Wildlife Service’s regulations governing compliance with these laws. The Permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such “take” permits

are required for a particular activity.

12. For Projects authorized under this SPGP V-R1 in navigable waters of the U.S., the Permittee

understands and agrees that, if future operations by the United States require the removal, relocation,

or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of

the Army or his authorized representative, said structure or work shall cause unreasonable obstruction

to the free navigation of the navigable waters, the Permittee will be required, upon due notice from

the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused

www.FloridaDEP.gov


http://www.cr.nps.gov/nr/research



FDEP File No.: 52-0383150-001-EE

Page 8 of 15

thereby, without expense to the United States. No claim shall be made against the United States on

account of any such removal or alteration.

13. The SPGP V-R1 will be valid through July 26, 2021 unless suspended or revoked by issuance of a

public notice by the District Engineer. The Corps, in conjunction with the Federal resource agencies,

will conduct periodic reviews to ensure that continuation of the permit during the period ending July

26, 2021, is not contrary to the public interest. The SPGP V-R1 will not be extended beyond July 26,

2021, but may be replaced by a new SPGP. If revocation occurs, all future applications for activities

covered by the SPGP V-R1 will be evaluated by the Corps.

14. If the SPGP V-R1 expires, is revoked, or is terminated prior to completion of the authorized work,

authorization of activities which have commenced or are under contract to commence in reliance

upon the SPGP V-R1 will remain in effect provided the activity is completed within 12 months of the

date the SPGP V-R1 expired or was revoked.

Special Conditions for Docks, Piers, Associated Facilities, and other Minor Piling-Supported

Structures

1. For temporary structures associated with marine events. Upon completion of the event, these

structures must be removed and, to the maximum extent practical, the site must be restored to pre-

construction elevations. Water depths in the area of marine events must be deep enough to support at

least 5 ft of water depth under the keel of a vessel and between the keel of a vessel and Endangered

Species Act listed coral colonies, if present, when transiting to the mooring areas (Reference: JAXBO

PDC A2.1.4.).

2. Educational Signs. For commercial, multi-family, or public facilities, and marine events, signs must

be posted as described below (Reference: These replicate JAXBO PDCs A.2.2 and A.2.2.1 to

A.2.2.3., inclusive, within the table PDCs Specific to Activity 2 - Pile Supported Structures and

Anchored Buoys, starting on page 112.):

a. (A2.2.) For commercial, multi-family, or public facilities, and marine events, signs must be

posted in a visible location(s), alerting users of listed species in the area susceptible to vessel

strikes and hook-and-line captures. The most current version of the signs that must be

downloaded and sign installation guidance are available at:

(http://sero.nmfs.noaa.gov/protected_resources/section_7/protected_species_educational_signs/in

dex.html). The signs required to be posted by area are stated below:

(1) (A2.2.1.) All projects in Florida shall use the Save Sea Turtle, Sawfish, and Dolphin sign.

These signs shall include contact information to the sea turtle and marine mammal stranding

networks and smalltooth sawfish encounter database.

(2) (A2.2.2.) Projects within the North Atlantic right whale educational sign zone shall post the

Help Protect North Atlantic Right Whales sign.

(3) (A2.2.3.) On the east coast of Florida, projects located within the St. Johns River and those

occurring north of the St. Johns River to the Florida-Georgia line shall post the Report

Sturgeon sign. On the west coast of Florida, projects occurring from the Cedar Key, Florida

north to the Florida-Alabama line.

3. Monofilament Recycling Bins. For commercial, multi-family, or public facilities, monofilament

recycling bins must be provided as described below (Reference: The below replicates PDC A.2.3

within the table PDCs Specific to Activity 2 - Pile Supported Structures and Anchored Buoys, the

PDC itself on page 113 of the JAXBO.):

a. (A2.3.) For commercial, multi-family, or public facilities, monofilament recycling bins must be

provided at the docking facility to reduce the risk of turtle or sawfish entanglement in, or

ingestion of, marine debris. Monofilament recycling bins must:

www.FloridaDEP.gov

http://sero.nmfs.noaa.gov/protected_resources/section_7/protected_species_educational_signs/index.html

http://sero.nmfs.noaa.gov/protected_resources/section_7/protected_species_educational_signs/index.html


FDEP File No.: 52-0383150-001-EE

Page 9 of 15

(1) (A2.3.1.) Be constructed and labeled according to the instructions provided at

http://mrrp.myfwc.com.

(2) (A2.3.2.) Be maintained in working order and emptied frequently (according to

http://mrrp.myfwc.com standards) so that they do not overflow.

4. North Atlantic Right Whale. The attached North Atlantic Right Whale Information Form (Attachment

27) describes the presence of North Atlantic right whales in the area and the Federal regulations

governing the approach to North Atlantic right whales. (The FDEP or Designee will attach this

document to their authorizations for a dock project (new construction, repair, or replacement) at a

private residence located within 11 nautical miles of North Atlantic right whale critical habitat as

measured in a radius from the center of the nearest inlet to open ocean described by Attachment 29,

the North Atlantic Right Whale Educational Sign Zones (from Section 2.1.1.4 of JAXBO, pages 31

and 32, inclusive) (Reference: JAXBO PDC A2.4.).

5. Aids to Navigation. Aids to navigation must be approved by and installed in accordance with the

requirements of the U.S. Coast Guard (i.e., 33 C.F.R., chapter I, subchapter C, part 66, Section 10 of

the Rivers and Harbors Act, and any other pertinent requirements) (Reference: JAXBO PDC A2.5.).

6. Lighting for docks installed within visible distance of ocean beaches. If lighting is necessary, then

turtle-friendly lighting shall be installed. Turtle-friendly lighting is explained and examples are

provided on the Florida Fish and Wildlife Conservation Commission website:

http://myfwc.com/wildlifehabitats/managed/sea-turtles/lighting/ (Reference: JAXBO PDC A2.8.).

7. Construction Location. Project construction shall take place from uplands or from floating equipment

(e.g., barge); prop or wheel-washing is prohibited (Reference: JAXBO PDC A2.9.).

8. Regarding submerged and emergent aquatic vegetation, the design and construction of a Project must

comply with the following:

a. A pile supported structure (i) that is located on a natural waterbody (i.e., outside an artificial

waterway that was excavated for boating access and is bordered by residential properties) and (ii)

that is within the range of seagrass (estuarine waters within all coastal counties except for Nassau,

Duval, St Johns, Flagler and Volusia north of Ponce Inlet), will be constructed to the following

standards:

(1) Must comply with or provide a higher level of protection than, the protective criteria in the

joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction

Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over

Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” updated November 2017 (Attachment 5).

(2) In addition to (1), above, IF the project is within range of Johnson’s seagrass (the range of Johnson’s seagrass is defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the

lagoon systems on the east coast of Florida), THEN the design and construction shall comply

with, in some cases, the more restrictive requirements within paragraph 8.c., below

(Reference: JAXBO PDC A2.17).

b. For all other Projects,

(1) Within the range of Johnson’s seagrass (the range of Johnson’s seagrass is defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of

Florida), the presence of submerged aquatic vegetation will be determined utilizing the

“Submerged Aquatic Vegetation Survey Guidelines” (Attachment 7). If no survey performed,

aquatic vegetation, including Johnson’s seagrass, will be presumed to be present for purposes

of this Special Condition.

(2) Outside the range of Johnson’s seagrass but within the range of seagrass (estuarine waters

within all coastal counties except for Nassau, Duval, St Johns, Flagler and Volusia County

www.FloridaDEP.gov

http://mrrp.myfwc.com/

http://mrrp.myfwc.com/




http://myfwc.com/wildlifehabitats/managed/sea-turtles/lighting/




FDEP File No.: 52-0383150-001-EE

Page 10 of 15

north of Ponce Inlet) and within tidal waters, the presence of seagrass and tidal freshwater

submerged aquatic vegetation will be determined using the “Submerged Aquatic Vegetation

Survey Guidelines” (Attachment 7) unless a site visit or aerial photography observes absence

during the growing season (if water depth and clarity allows) or aquatic vegetation has not

been found in the vicinity in the past.

(3) Pile-supported structures, IF aquatic vegetation is present (including seagrass, tidal

freshwater submerged aquatic vegetation and emergent vegetation), THEN must comply with

or provide a higher level of protection than, the protective criteria in the joint U.S. Army

Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida

for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation

(SAV), Marsh or Mangrove Habitat” updated November 2017 (Attachment 5).

(4) In addition to (1) to (3) above, IF the proposed dock or proposed structure is within range of

Johnson’s seagrass (the range of Johnson’s seagrass is defined as Turkey Creek/Palm Bay

south to central Biscayne Bay in the lagoon systems on the east coast of Florida), and IF the

proposed dock or proposed structure falls within the following scenarios, THEN the design

and construction shall comply with, in some cases, the more restrictive requirements within

paragraph 8.c.,below. (Reference: The following replicates “Scenario B” as defined within

A2.17., PDCs for Docks or Other Minor Structures of JAXBO.):

(i) Dock replacement in the exact footprint (i.e., same location/configuration/size) as the

previous dock and:

(a) within Johnson’s seagrass critical habitat with No current seagrass survey (completed

no earlier than 1 year before submitting the application); or, Johnson’s seagrass under the dock; or, Native seagrass, other than Johnson’s seagrass, under the dock; or,

(b) within the Range of Johnson’s seagrass (outside of critical habitat) with No current seagrass survey or,Johnson’s seagrass under the dock,

(ii) New docks or dock expansions and:

(a) within Johnson’s seagrass critical habitat; or, (b) within the Range of Johnson’s seagrass (outside of critical habitat) with: No current

seagrass survey (completed no earlier than 1 year before submitting the application)

or, Johnson’s seagrass within property limit.

c. The following additional restrictions apply when required by paragraphs 8.a.(2) or 8.b.(4), above

(Reference: The following replicates the “Dock PDCs for Scenario B” within A2.17. PDCs for Docks or Other Minor Structures of JAXBO.):

(1) To avoid and minimize impacts to Johnson’s seagrass and native, non-listed seagrasses to the

maximum extent practicable:

(i) The dock must be positioned to avoid and minimize effects to Johnson’s seagrass. (ii) Over any area that contains Johnson’s seagrass or native, non- listed seagrasses, the dock

shall be oriented in a north-south orientation to the maximum extent that is practicable to

allow maximum sunlight under the structure.

(iii) If practicable, terminal platforms shall be placed in deep water, waterward of Johnson’s

seagrass beds or native, non-listed seagrasses beds or in an area devoid of Johnson’s

seagrass or native, non-listed seagrasses.

(iv) Piles must be spaced a minimum of 10 ft apart in any area that contains Johnson’s

seagrass to minimize direct impacts.

(v) Piles shall be installed in a manner that will not result in the formation of sedimentary

deposits (e.g., donuts or halos) around the newly installed pilings.

(vi) No covered boat lifts are allowed over any Johnson’s seagrass. (2) Decking options: Deck surfaces (parallel with the water) that are located waterward of the

MHWL must be constructed of grated materials or plank construction or a combination of the

both methods (e.g. plank decking on the walkway and grated decking on the terminal

platform). These decking options are described below:

(i) For grated decking:

www.FloridaDEP.gov




FDEP File No.: 52-0383150-001-EE

Page 11 of 15

(a) Height requirement: The surface of the structure, including the dock walkway (the

over- water narrow portion connecting the terminal platform to the shore and any

over-water ramp required for access) and the dock, must be a minimum of 3 ft above

MHW when constructed with grated decking.

(b) Size limitations: The dock walkway is limited to a width of 4 ft. The terminal

platform is limited to a total area of 160 ft². Marginal docks are limited to a width of

5 ft. The 5 ft width restriction is measured from wet side of the seawall. For example,

if a seawall cap is 3 feet overwater then the dock would be limited to 2 feet.

(c) Material description: Decking materials shaped in the form of grids, grates, lattices,

etc., to allow the passage of light through the open spaces. These materials must

provide a minimum of 43% open space.

(ii) For plank decking:

(a) Height requirement: The surface of the structure, including the dock walkway (the

over- water narrow portion connecting the terminal platform to the shore and any

over-water ramp required for access) and the dock, must be a minimum of 5 ft above

MHW when constructed of plank decking.

(b) Size limitations: The dock walkway is limited to a width of 4 ft. The terminal

platform is limited to a total area of 120 ft². Marginal docks are limited to a width of

5 ft.

(c) Material description: Deck boards may be constructed of any material. Deck Boards

must be installed to provide a minimum of a 0.5-in gap between individual deck

boards.

d. Aids to Navigation in Acropora critical habitat. The distance from Aids to Navigation (ATONs)

to ESA-listed corals and Acropora critical habitat shall ensure there are no impacts to the corals

or the essential feature of Acropora critical habitat from the movement of buoys and tackle. The

appropriate distance shall be based on the size of the anchor chain or other tackle to be installed

to secure the buoy to its anchor, particularly when the design of the ATON does not prohibit the

contact of tackle with the marine bottom. In all cases, buoy tackle will include flotation to ensure

there is no contact between the anchor chain or line and the marine bottom (Reference: JAXBO

PDC A2.10.).

General Conditions for Federal Authorization for SPGP V-R1

1. The time limit for completing the work authorized ends on July 26, 2021.

2. You must maintain the activity authorized by this permit in good condition and in conformance with

the terms and conditions of this permit. You are not relieved of this requirement if you abandon the

permitted activity, although you may make a good faith transfer to a third party in compliance with

General Condition 4 below. Should you wish to cease to maintain the authorized activity or should

you desire to abandon it without a good faith transfer, you must obtain a modification of this permit

from this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while accomplishing the

activity authorized by this permit, you must immediately notify this office of what you have found.

We will initiate the Federal and State coordination required to determine if the remains warrant a

recovery effort or if the site is eligible for listing in the National Register of Historic Places.

4. If you sell the property associated with this permit, you must obtain the signature of the new owner on

the enclosed form and forward a copy of the permit to this office to validate the transfer of this

authorization.

www.FloridaDEP.gov


FDEP File No.: 52-0383150-001-EE

Page 12 of 15

5. If a conditioned water quality certification has been issued for your project, you must comply with the

conditions specified in the certification as special conditions to this permit.

6. You must allow representatives from this office to inspect the authorized activity at any time deemed

necessary to ensure that it is being or has been accomplished in accordance with the terms and

conditions of your permit.

Further Information:

1. Limits of this authorization.

a. This permit does not obviate the need to obtain other Federal, State, or local authorizations

required by law.

b. This permit does not grant any property rights or exclusive privileges.

c. This permit does not authorize any injury to the property or rights of others.

d. This permit does not authorize interference with any existing or proposed Federal projects.

2. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any

liability for the following:

a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted

activities or from natural causes.

b. Damages to the permitted project or uses thereof as a result of current or future activities

undertaken by or on behalf of the United States in the public interest.

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused

by the activity authorized by this permit.

d. Design or Construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this permit.

3. Reliance on Applicant’s Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided.

4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time

the circumstances warrant. Circumstances that could require a reevaluation include, but are not

limited to, the following:

a. You fail to comply with the terms and conditions of this permit.

b. The information provided by you in support of your permit application proves to have been false,

incomplete, or inaccurate (see 3 above).

c. Significant new information surfaces which this office did not consider in reaching the original

public interest decision.

5. Such a reevaluation may result in a determination that it is appropriate to use the suspension,

modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such

as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for

the issuance of an administrative order requiring you comply with the terms and conditions of your

permit and for the initiation of legal action where appropriate. You will be required to pay for any

corrective measures ordered by this office, and if you fail to comply with such directive, this office

may in certain situations (such as those specified in 33 CER 209.170) accomplish the corrective

measures by contract or otherwise and bill you for the cost.

6. When the structures or work authorized by this permit are still in existence at the time the property is

transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of

the property. To validate the transfer of this permit and the associated liabilities associated with

compliance with its terms and conditions, have the transferee sign and date the enclosed form.

www.FloridaDEP.gov


FDEP File No.: 52-0383150-001-EE

Page 13 of 15

7. The Permittee understands and agrees that, if future operations by the United States require the

removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the

opinion of the Secretary of the Army or his authorized representative, said structure or work shall

cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be

required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the

structural work or obstructions caused thereby, without expense to the United States. No claim shall

be made against the United States on account of any such removal, relocation or alteration.

www.FloridaDEP.gov


FDEP File No.: 52-0383150-001-EE

Page 14 of 15

www.FloridaDEP.gov


FDEP File No.: 52-0383150-001-EE

Page 15 of 15

www.FloridaDEP.gov

Date post:	10-Oct-2020
Category:	Documents
Upload:	others
View:	1 times
Download:	0 times