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SANITARY SEWER AND STORMWATER INVERSION LINING BID #6242 PIGGY-BACK CONTRACT
• American Water &rviceg November 24 2004 City of Clearwater 100 S Myrtle Clearwater FI 33756 Attn Mr Robert Kalch Re Sanitary Sewer and Stormwater Inversion Lining Bid #02 B 871 Piggy Back Contract Dear Mr Kalch American Water Services is pleased to offer that above referenced contract for use as a piggy back contract for The City of Clearwater Florida Please feel free to contact J Alan Smith (District Manager) if you have any questions or concerns Sincerely American Water Services Underground Infrastructure Inc Joa ' Work E dutive Secretary L f� ji r r f 1 NOV 2 9 2004 rlP1 C p0 o0-66 touaketd- 5e,outi _../‘-s2* Lic/ 9-y-- 6ackeci co4r-ac+-- S(cvinec 1n FYI American Water Services Underground Infrastructure Inc 14413 62 d Street North Clearwater FL 33760 727 530 7577 Fax 727 530 7790 FL# CUCO23665 2/22/2004 15 52 7275246608 November 22 2004 AWSUID t�� Amcrican Water &ervices CITY OF CLEARWATER 410 MYRLTE AVE N CLEARWATER, FL 33755 Attn Lisa Mumn Rob Kalch PAGE 01/01 We at Amencan Water Services Underground Infrastructure Inc agree to honor the pncmg guidelines and amounts of the City of St. Petersburg Annual Sanitary Sewer Cleaning Project Bid # 6242 to be utilized as a piggyback contract for the City of Clearwater Samtary Sewer Cleaning The only changes to the contract will be the Set up charge for easements at $300 00 per truck set up The City of Clearwater agrees to honor the same portable water rates as the City of St Petersburg It has been a great pnvilege to work with your city and I am looking forward to another successful year of being able to serve the City of Clearwater Thank You Vice President r Amencan Water Services Underground Infrastructure Inc 14413 62nd Street N Clearwater FL 33760 Tel 727 524 8609 • Fax 727 524-6608 — BID ADDENDUM 7 CITY OF ST PETERSBURG POST OFFICE Box 2842 ST PETERSBURG FLORIDA 33731 2842 WEB SITE wwwstpete olg CHANNEL 35 WSPF TV TELEPHONE 727 893 7171 Addendum No 1 Date December 4 2003 Procurement -Analyst —Eric-S-Meserve CPPB- - Bid No 6242 dated November 21 2003 Commodity 913 81 Annual Contract for Sanitary Sewer Cleaning Bidders must acknowledge receipt of this addendum prior to the hour and date specified in the solicitation or as amended by one of the following methods a) by completing the enclosed acknowledgment form and returning it with the bid b) by acknowledging receipt of this addendum on each copy of the bid submitted c) by separate letter which includes a reference to the solicitation and addendum number or d) faxing completed acknowledgment form to 727 892 5325 Failure of your acknowledgment to be received at the place designated for the receipt of bids pnor to the hour and date specified may result in refection of your bid Description of addendum Replace INVITATION FOR BID Please replace the following sections from the original Invitation for Bid No 6242 dated November 21 2003 Invitation for Bid Pricing Pages Construction Agreement Contract Requirements • General Conditions Special Conditions The invitation for Bid and all subsequent addenda may be downloaded by accessing the City's website at www stpete org/purchase/solbidn htm )144-k Louis Moore CPPO Director Purchasing and Matenals Management LM dre Attachment B d Add dum (R 10/03) CONSTRUCTION AGREEMENT THIS AGREEMENT made and entered into on the day of 20_ by and between (herein referred to as the Contractor) and the City of St Petersburg,-Flonda (herein referred to as the City) _ WITNESSETH NOW THEREFORE in consideration of the promises and covenants contained herein the parties agree as follows 1 Contractor Duties That the Contractor shall furnish all material and perform all of the work for for the City of St Petersburg Florida and in full and complete accordance as provided by the following enumerated documents ( Contract Documents ) which are incorporated herein by reference and made a part hereof as if fully setout herein Invitation for Bid No dated ( Exhibit A ) The Contractor s Bid dated ( Exhibit B) Drawings Certificate of Insurance Bid Bond Public Construction Bond This instrument and any changes to the foregoing documents agreed to by the parties hereto 2 Term That the Contractor proposes and agrees to commence work under this Contract approximately 2000 and to fully complete all work under this Contract by 2000 3 Payment The City hereby agrees to pay at the time and in the manner set forth in the specifications to the Contractor for the faithful performance of this Agreement subject to additions and deductions as provided in the specifications or Bid in lawful money of the United States the price set for in the Bid ($ ) heretofore submitted to the City by the Contractor a copy of said Bid being a part of these Contract Documents Revised by Addendum No 1 Construction Agreement Page 2 4 Liquidated Damages Time is of the essence in this Contract and in the event that the work is not completed within the time stipulated it is further agreed that from the compensation otherwise to be paid to the Contractor the City may retain the amount specified in the Special Conditions Liquidated Damages for each calendar day that the work remains incomplete beyond the time limit which sum shall represent the actual damages which the City will have sustained per day by failure of the Contractor to complete the work within the time stipulated and this sum is not a penalty beinglhe stipulated damages the City party will have sustained in event of such default by Contractor 5 Public Construction Bond If at any time after the execution of said Agreement and the Public Construction Bond hereto attached for its faithful performance the City shall deem the Surety or sureties upon such Public Construction Bond to be unsatisfactory or if for any reason such bond ceases to be adequate to cover the performance of the work the Contractor shall at its expense within 10 days after the receipt of notice from the City to do so furnish an additional bond or bonds in such form and amount and with such Surety or sureties as shall be satisfactory to the City In such event no further payment to the Contractor shall be deemed to be due under the Agreement until such new or additional security for the faithful performance of the work shall be furnished in a manner and form satisfactory to the City 6 Guarantee of Work Upon completion of the work to be accomplished under this Contract in accordance with the Plans and Specifications and accepted by the City of St Petersburg the Contractor together with his Surety shall fully and unconditionally guarantee for a period of not less than five years from date of final acceptance of work by the City all matenals and labor (workmanship) incorporated in this project (This guarantee shall be exclusive of any manufacturer s guarantees or warranties exceeding this period) 7 Severability In the event that any provision or portion hereof of any Contract Document shall be found to be invalid or unenforceable then such provisions or portion thereof shall be performed in accordance with the applicable laws The invalidity or unenforceability of any provision or portion of any Contract Document shall not affect the validity or enforceability of any other provision or portion of the Contract Documents 8 Warranty of Parties Each party to this Agreement represents and warrants to the other parties that (i) they are duly organized qualified and existing entities under the laws of the State of Florida and (n) all appropriate authority exists so as to duly authorize the persons executing this Agreement to so execute the same fully bind the parties on whose behalf they are executing Revised by Addendum No 1 Construction Agreement Page 3 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written Company Name By (Signature) (Please Print or Type Name) (Title) CITY OF ST PETERSBURG FLORIDA By Louis Moore CPPO Director Purchasing and Materials Management ATTEST Secretary of Corporation SEAL ATTEST City Clerk PROVISIONS OF CONTRACT APPROVED Project Manager Title Date APPROVED AS TO FORM City Attorney (designee) By Assistant City Attorney Revised by Addendum No 1 Construction Agreement Page 4 (Acknowledgment of Contractor if a Corporation) State of ) County of _) ss City of ) The foregoing instrument was acknowledged before me this day of 20_ by of a (Name and Title of Officer or Agent) (Name of Corporation) (State of Incorporation) corporation on behalf of the corporation He/she is personally known to me or has produced as identification and (Type of Identification) appeared before me at the time of notarization NOTARY PUBLIC Sign Print SEAL Revised by Addendum No 1 Contract Requirements General Scope of Work The contractor shall provide for routine maintenance cleaning of the sanitary sewer system remove the debris (and_dispose_of in a satisfactory manner)_which is preventing the_.designed flow ofihe_ pipe prevent blockages and restore the sewer to near full capacity and self scouring velocity Submittals The contractor shall submit information on personnel and equipment assigned to the cleaning work and submit information on all types of process that will be used for cleaning No cleaning shall commence until these submittals have been approved by the City of St Petersburg Execution Cleaning and Dewatering All lines Tess than 48 in diameter shall be dewatered for cleaning and inspection purposes Lines 48 and larger in diameter may be cleaned without dewatering only when the City agrees that dewatering is not feasible Each exception to the dewatering requirement shall be considered on a case by case basis The contractor will assume dewatering is required for bidding purposes On the pacing pages provide a discount percentage for when dewatering is not required CLEANING All necessary precautions are to be taken to protect the sewer lines from damage resulting from the cleaning process Reimbursement for damage to the sewer or damage due to flooding of private or public property as a result of the cleaning work shall be the responsibility of the contractor General The Contractor shall furnish all material labor and equipment required to clean the pipelines as specified herein complete with all appurtenances and accessories as shown or specified The cleaning work required includes but is not limited to the following 1 Field locating all manholes along the sewer reaches to be cleaned 2 Maintaining and protecting of both vehicular and pedestrian traffic and meeting all requirements of the City and all other governmental agencies having jurisdiction 3 Cleaning of existing sanitary sewers as hereinafter specified to permit proper television inspection and rehabilitation techniques 4 Disposal of waste and sediment as specified herein 5 Removal of roots as specified herein 6 Cleaning up as the work progresses and after the completion of all work activities and 7 All other work required for the complete and satisfactory cleaning of the pipeline Revised by Addendum No 1 1 Bid No 6242 Contract Requirements Requirements The Contractor shall be aware that this Contract requires work in active sewer manholes and shall follow all Federal State and local requirements for safety when in confined spaces The Contractor shall be required to conform with all guidelines by the Occupational Safety and Health Administration (OSHA) Federal Regulations 29 CFR Ch XVII Section 1910 146 Confined Space Entry Contractor shall have expenence in the cleaning of vitreous clay and concrete pipe sewers for a minimum of two years prior to the start of this work Documentation of experience shall be furnished to the City upon request Take precautions to protect sewer mains and manholes from damage that might be inflicted by the improper selection of the cleaning process or improper use of the equipment When using hydraulically propelled devices take precautions to ensure that the water pressure created does not cause damage or flooding to public or private property Do not surcharge the sewer beyond the elevation that could cause overflow of sewage into area waterways homes or buildings or onto the ground Submittals Submit the following to City for review Plan for disposal of debris and sediment removed from the sewer lines specifications of the sewer cleaning equipment to be used on the job and specifications on the equipment to be used to remove sediment and debris at the downstream manhole of each reach to be cleaned Contractor shall coordinate dumpsite with the City as specified herein Manufacturer's literature written instructions and written recommendati ons regarding use method of application dosage mixing and safety precautions for chemical root treatment shall be submitted to the City for review and approval Products A Cleaning Equipment All sewers shall be cleaned with truck mounted high velocity hydraulic cleaning (hydra cleaning) equipment No mechanical bucket machinery will be acceptable for the cleaning process The equipment shall be provided with a minimum of 500 ft of one inch ID high pressure hose with a selection of high velocity nozzles as required for the cleaning and specialty cleaning operation The sewer cleaner shall have a minimum usable water capacity of 1000 gal The pumps shall be capable of delivering a minimum 60 gpm at 3000 psi Pressure to the nozzle shall be regulated by a relief valve adjustable from 0 to 1 500 psi minimum The nozzles shall produce a scouring action from 15 to 45 deg in all size sewers to be cleaned The equipment shall carry its own 1 000 gal water tank capable of holding corrosive caustic cleaning and sanitizing chemicals engines and pumps and a hydraulically driven hose reel The equipment shall also include a high velocity washing hose for ancillary cleaning of the walls and floor of the manhole The hose shall have an adjustable nozzle capable of producing flow from a fine spray to a solid stream All controls shall be located so that the equipment can be operated above ground During hydra cleaning the Contractor shall restrict the flow level in the pipe to a Revised by Addendum No 1 2 Bid No 6242 Contract Requirements maximum of 50 percent of the pipe diameter Particular care should be taken to avoid flooding house connections during hydra cleaning operations 2 The Contractor shall provide equipment capable of removing all sand dirt rocks and other debris from the sewer reach to allow unobstructed remote television internal inspection of all internal surfaces 3 The cleaning system shall utilize a device capable of dislodging sediments found -in sewer lines without damaging the structural integrity of_the pipe The_cleanmg device shall have sufficient power to force to move the debris commonly found in Targe diameter sewers to a manhole for extraction The cleaning method may maintain normal sewer flows during the cleaning process 4 The Contractor shall certify that backup cleaning equipment including machines devices tools etc is available and can be delivered to the site within 24 hours 5 Any blockages of lateral building connections resulting from the cleaning or other items of work shall be removed by cleaning of the building connection by the Contractor at his own expense Any damage caused by flood of lateral building connections shall be corrected by the Contractor at his own expense 6 Contractor shall provide all equipment required for specialty cleaning including removing roots and de scaling sewer pipes Execution A Cleaning 1 After determining the preliminary requirements and the feasibility of effective video inspection the Contractor shall thoroughly clean all required pipeline reaches in order to permit an unrestricted inspection by closed circuit television Particular emphasis shall be afforded the removal of accumulated grease roots sand rocks bricks sludge and other debris so that the video inspection will show clearly all portions of the pipe being inspected Acceptance of pipeline cleaning shall be made upon the successful completion of the television inspection and shall be defined as removing sufficient material to ensure an effective rehabilitation of the pipeline to the satisfaction of the City If television inspection shows the cleaning to be unsatisfactory the Contractor shall be required to re clean and re inspect the pipeline at no additional cost to the City 2 The wastewater present in the sewer line may be utilized to provide necessary fluid for the cleaning devices The use of potable water from the municipal or private water system for sewer cleaning shall be permitted The use of reclaimed water will be permitted The charge for reclaimed water will be the current rate as designed in the Portable Water Meter contract terms and conditions from the Water Resources Department Any one time charge or other applicable fees shall be determined from the Portable Water Meter contract terms and conditions from the Water Resources Department The portable meter will be removed by the City at the contractor s request The contractor will be responsible for obtaining and hooking up the potable water meter at their expense An approved Reduced Pressure Zone type Backflow preventer shall be used to prevent contamination of Revised by Addendum No 1 3 Bid No 6242 Contract Requirements the potable water system The Contractor is responsible for any damage resulting from improper operation of hydrants Do not use or obstruct a fire hydrant when there is a fire in the area 3 The Contractor shall not waste water from the public water supply because of improper connections or from hydrants left opened 4 The Contractor shall remove all bricks rocks debris sludge dirt sand grease roots and other materials from the sewers shown in the work order and collect and remove the resulting debris from the downstream -manholes of the sewer section being cleaned Solids shall be removed by pumping the debns to the surface The equipment shall decant or separate the water from the solids before it is transported to the disposal site Liquid decanted from the solids shall be returned to the sewer The sewer shall be deemed satisfactorily cleaned if there is < 5 /° solids for pipes >18 and <1 / solids for pipes <18 The debris remaining in the sewer after cleaning shall not exceed 5°/ of the pipe diameter Passing waste material between manholes, causing line stoppages, accumulations of sandLor damage to the pumping equipment, shall not be permitted When necessary a dam trap or weir and screen shall be temporarily installed in the downstream manhole in such manner that debns and solids shall be trapped and retained for subsequent removal The contractor shall complete a WaterWorks Manhole Inspection Form (Appendix A) when specified by the Water Resources Department 5 Waste and debns cleaned from the sewers shall be removed at the downstream manhole by pumps or other means The discharge and drainage stream shall be returned to the sewer and discharged downstream for disposal Under no circumstances shall sewage or solids be dumped onto the ground surface street or into ditches catch basins or storm drains All solids and semi solids resulting from the cleaning operations shall be removed from the site and taken to the Northeast Water Reclamation Facility 1160 62nd Avenue Northeast St Petersburg Southwest Water Reclamation Facility 3800 54th Avenue South St Petersburg or other site designated by the City for dewatenng Only trucks bearing the proper City identification shall be used to haul material for disposal Contractor must remove and properly dispose of excess water from the waste prior to dewatering at the City s designated areas All permits required shall be the responsibility of the contractor The Contractor is responsible for transporting the waste to the dewatering site Subsequent to the dewatenng process the City will remove the dried debris and dispose of it at the Pinellas County Resource Recovery Center Disposal fees will be billed directly to the City and will be paid for by the City 6 Where access to manholes in easements and rights of way is required the Contractor will obtain permission from the homeowner for access for his equipment 7 Barricades and warning signs shall be used in work areas and around open manholes The Contractor shall furnish and maintain traffic controls and safety devices as required 8 Normal Cleaning consists of removing all debris including sludge dirt rocks sand rubble other deleterious materials and obstructions and requires a minimum of two passes The first pass shall be restricted to 800 psi at the nozzle head The Revised by Addendum No 1 4 Bid No 6242 Contract Requirements second and subsequent passes shall be at 1200 psi Specialty cleaning consists of removing all heavy grease roots and tuberculation by use of special equipment such as a high pressure descaling head root cutter or by other mechanical means approved by the City Damage to the sewer as a direct result of the cleaning method shall be the responsibility of the contractor Employ satisfactory predons to protect sewer line from damage -that -might be inflicted by improper use of cleaning equipment a Immediately notify City if fresh soil pieces of pipe or other visible signs of potential problems occur during cleaning operation b Insure that water pressure created does not cause damage due to flooding of property being served by sewer section(s) involved 10 The Contractor shall conform to the following requirements a Cleaning of upstream reaches of sewers shall be completed before the downstream reaches are cleaned b Hydra cleaning equipment shall be inserted in the downstream manhole of the reach and the work shall proceed upstream and c Winching equipment used shall not damage the existing pipelines Final Acceptance of Sewer Line Cleaning Acceptance of sewer line cleaning shall be made upon the successful review of the television inspection video CD or DVD by the City If inspection shows the cleaning to be unsatisfactory the Contractor shall be required to re clean and re inspect the sewer line until the cleaning is shown to be satisfactory Such re cleaning and re inspection shall be made at the Contractor s expense and no separate payment will be made therefore Pump Around Pumping The Contractor shall be responsible for the control of wastewater flows through the collection system where Work is being performed No sewage shall be allowed to leave the approved collection system The Contractor shall submit a pump around pumping plan to the City for approval Under no circumstances can portions of the system be removed from service for periods of time in excess of that approved by the City The Contractor shall retain full responsibility for adequately and safely pumping existing sewage flow on a continuous basis as needed or as directed by the City The Contractor shall be responsible to assess conditions and capacities of existing sewer lines in order to implement an acceptable pump around pumping plan at no additional cost to the City The Contractor shall supply the necessary pumps conduits and other equipment to not only divert flow around the manhole or collection section in which Work is to be performed but also to transmit the flow in downstream sewer lines and/or pump stations without surcharge or overflow The pump around pumping systems shall be of sufficient capacity to handle existing flows plus additional flows that may occur during periods of high tide or rainfall The Contractor will be Revised by Addendum No 1 5 g ut Bid No 6242 Contract Requirements responsible for furnishing the necessary labor and supervision to set up and operate the pumping And pump around pumping systems When pumping is in operation all engines shall be equipped in a manner to keep the pump noise to a minimum and comply with the City Noise Ordinance The Contractor shall use quiet pumps when performing pump around pumping in residential areas The Contractor shall be responsible for any damage to properties or buildings connected to the sewer system and to the pipeline which result from the pump around pumping activities Spill Or Discharge Of Wastewater Or Reclaimed Water The City is currently under a Consent Order with the Florida Department of Environmental Protection (FDEP) The discharge of wastewater or effluent (reclaimed water) into waters of the State and/or into canals ditches and ponds that are connected to waters of the State is prohibited Any spill or discharge of wastewater or reclaimed water shall be immediately reported to the Project Manager the City's Wastewater Collection System Manager (892 5612) and the City's Emergency Dispatch Center (892 7761) and a Water Discharge Report Form (Appendix B) shall be completed and faxed to FDEP and the City within 24 hours In the event of a spill or discharge the Contractor shall immediately control contain and stop the spill or discharge and shall repair any damage to the City's facilities The Contractor shall be responsible for any penalties and costs charged to the City by the FDEP (cost schedule provided below) and for all costs incurred by the City as a result of the Contractor s actions or as a result of the Contractor s negligence Costs charged to the City by FDEP are for discharges that have been found not to be due to abnormal events and are therefore subject to stipulated penalties pursuant to Paragraph No 17 of Consent Order 97 0314 This paragraph requires the City to pay FDEP stipulated penalties for wastewater discharged from the City System to surface waters which do not qualify as excusable discharges In accordance with Paragraph 17 the stipulated penalty schedule is as follows Each category is limited to a daily cumulative maximum amount of $30 000 00 D E P CONSENT ORDER FINE SCHEDULE Amount/Day/Discharge $500 00 $1 000 00 $2 500 00 $5 000 00 $10 000 00 Discharge Volume Up to 5 000 gallons 5 001 to 10 000 gallons 10 001 to 25 000 gallons 25 001 to 100 000 gallons In excess of 100 000 gallons The anticipated costs and fines which may be incurred by the City as a result of the Contractor s actions or negligence shall be paid to the City within 30 days or the costs incurred will be deducted from the total Project cost Work In Private Property In the event that in the opinion of the Contractor obtaining a temporary construction easement outside the limits of the public right of way of City owned property or of the easement(s) obtained by the City is necessary or desirable it shall be the sole responsibility of the Contractor to obtain Revised by Addendum No 1 6 Bid No 6242 Contract Requirements such easement from the owner of the property If such easement is obtained by the Contractor it shall contain provision to hold the City harmless from any operations of the Contractor within the easement limits The Contractor shall not conduct construction operations on private property outside the limits of the public right of way of City owned property or of the easement(s) obtained by the City unless a copy of the Temporary Construction Easement Agreement is filed with the City Upon completion of Work in easements the Contractor shall restore the property including all fences or other structures disturbed by his operations as nearly as possible to the condition in which he found it Traffic Control The Contractor shall provide required traffic controls under City observation All traffic control devices required by Work under this contract shall be furnished and placed by the Contractor The Contractor shall notify the Project Manager a minimum of two (2) working days pnor to any construction affecting traffic flow All traffic control devices utilized during construction shall be provided by the Contractor and meet the requirements set forth in the latest revision of U S Department of Transportation Federal Highway Administration s Uniform Traffic Control Devices for Streets and Highways and the Florida State Department of Transportation s Roadway and Traffic Design Standards Failure or refusal on the part of the Contractor to install maintain and/or position traffic control devices promptly fully and in an acceptable manner shall be sufficient cause for the City after 24 hour notice to perform the traffic control with its own organization or to contract with any other individual firm or corporation to perform the required traffic control All costs and expenses incurred thereby shall be charged against the defaulting Contractor and the amount thereof deducted from any money due or which may become due him or shall be charged against the Contract Bond Any Work performed as described by this paragraph shall not relieve the Contractor in any way of his responsibility for the Work performed by him The Contractor will conform to FDOT regulations for scheduling when working in FDOT roadways Failure of the Contractor to comply with any of the above traffic control requirements may result in issuance of a stop work order until the violation is corrected CLOSED CIRCUIT TELEVISION INSPECTION General The Contractor shall furnish and operate all necessary equipment for the television inspection of the previously cleaned sewer system Post cleaning TV inspection shall be video inspection by the Contractor of sewer lines following pipeline cleaning prior to any rehabilitation work Post cleaning TV work shall venfy that the pipeline is clean and allow City to evaluate the condition of the sewer and manholes Post cleaning TV inspection also shall identify the location of service connections pipe defects and general condition of the pipeline up stream and downstream manholes as specified herein The inspections shall be done one sewer line section (i e manhole to manhole) at a time The Contractor shall be aware that this Contract requires work in active sewers and shall follow all federal state and local requirements for safety in confined spaces The Contractor shall be Revised by Addendum No 1 7 yf l Bid No 6242 Contract Requirements , required to conform to all guidelines set forth by the Occupational Safety and Health Administration (OSHA) Submittals Submittals shall be in conformance with the requirements herein Submit the equipment manufacturer s guidelines to the City for review Strictly follow such instructions unless modified by the City Submit video and TV Inspection Reports to the City for review Provide tapes CD s or other acceptable media of a quality sufficient for the City to evaluate the condition of the sewer locate the sewer service connections and verify cleaning If quality is not sufficient Contractor shall re televise the sewer segment and provide a new video and report at no additional cost to the City Camera distortions inadequate lighting dirty lens or blurred/hazy picture will be cause for rejection of a video and rejection of the associated line segment Video(s) submitted become the property of the City Contractor shall maintain a master copy of all TV videos and TV Inspection and Manhole Reports submitted until final acceptance of contract The post cleaning and post rehabilitation television inspection video shall not be edited Products A Television Equipment 1 Closed Circuit TV Equipment Select and use closed circuit television equipment that will produce a color video 2 Pipe Inspection Camera The camera shall be a pan and tilt and radial viewing pipe inspection camera that pans a minimum of t 275 degrees and rotates 360 degrees A slope indicator shall be included on the camera and accurately calibrated per the manufactures instructions for measurement of pipe slope Use a camera with an accurate footage counter which displays on the monitor the exact distance of the camera from the centerline of the starting manhole The camera will be capable of height adjustment so that the camera lens is always centered at one half the inside diameter or higher in the pipe being televised Lighting for the camera shall be suitable to allow a clean picture of the entire periphery of the pipe A reflector in front of the camera may be required to enhance lighting in dark or large diameter pipe The camera shall be operative in 100 percent humidity conditions The camera television monitor and other components of the video system shall be capable of producing a minimum 500 line resolution colored video picture Picture quality and definition shall be to the satisfaction of the City if unsatisfactory equipment shall be removed and no payment made for an unsatisfactory inspection 3 Video Video shall be recorded on VHS compact disk or other digital format as required by the City a One line per video b Media identification labels are required A label shall be placed on both the spine of the video tape and the outside face cover of the video with the following information Revised by Addendum No 1 8 .a Bid No 6242 Contract Requirements Identification Label 1 Contractor s name and Project Number 2 A unique Video Number in a format acceptable to the City 3 Date Televised 4 Date Submitted 5 Manhole ID # s for all pipe sections included on the video (In order) 4 The Contractor shall be required to provide with each video a City of St Petersburg TV Log. Sheet and Manhole Inspection Form (Appendix C) noting pipe defects service connections and general conditions in a format acceptable to the City as specified herein A sample TV Log Sheet and Manhole Inspection Form is included at the end of this Section The Contractor shall also provide a detailed index of the contents contained on the video listed by the TV job number of the pipe segments in the order they were televised At a minimum the index shall include a Upstream Manhole Number b Downstream Manhole Number c Pipe Diameter d Pipe Length e Pipe Material f Street Name Execution A Televising 1 Immediately after cleaning televise the sewer line to document the condition of the line and to locate existing service connections 2 Perform TV inspection of sewers as follows a Perform post cleaning TV inspection immediately after line cleaning and before line rehabilitation work Before insertion of the camera into the sewer the camera shall record on video the upstream and downstream manhole pipe size specific location of the sewer and the direction in which the camera will be pulled The camera shall be moved through the line in either direction at a moderate rate stopping when necessary to permit proper documentation of the sewer's condition Maintain copies of video and reports for reference by the City for the duration of the contract b Collect post cleaning inspection video at each lateral for an extended period to better understand the flow from each individual lateral The camera shall be positioned at each lateral for a sufficient duration to determine the nature of flow and condition of the lateral (minimum of 30 seconds) Any pipeline (lateral investigation) inspection deemed unacceptable by the City shall be re televised by the Contractor at no additional cost to the City Revised by Addendum No 1 9 r Bid No 6242 Contract Requirements c Videos shall pan beginning and ending manholes to demonstrate that all debris has been removed The general condition pipe size and material of connecting pipes of any apparent defects shall be completed on the Manhole Inspection Report for all manholes Camera operator shall slowly pan each service connection clamped joints and when pipe material transitions from one material to another A video inspection report shall be prepared by the Contractor for_every_segment and manholeihat is_CCTV_ inspected and the report shall be submitted to the City Whenever -non remote powered -and controlled winches are used to pull the - television camera through the line telephones radios or other suitable means of communication shall be set up between the operators positioned at the two manholes of the sewer line being inspected to ensure that good communications exist between members of the crew e The accuracy of the measurements for location of defects service connections etc cannot be stressed too strongly Marking on cable or the like which would require interpolation for depth of manhole shall not be allowed Measurement meters shall be accurate to one tenth of a foot over the entire length of the sewer line section being inspected Pnor to recording the location of defect service connection etc slack in the cable of the television inspection camera shall be taken up to assure metenng device is designating proper footage Accuracy of the measurement meters shall be checked daily by use of a walking meter roll a tape or other suitable device satisfactory to the City f Camera distortions inadequate lighting dirty lens or blurred/hazy picture will be cause for rejection of a video and rejection of the associated line segment Any pipeline reach television inspection deemed unacceptable by the City shall be re televised by the Contractor at no additional cost to the City Payment for televised inspection and sewer rehabilitation will not be made until City approves the quality of the video and Togs g TV inspection video shall be continuous for pipe segments between manholes Do not leave gaps in the video of a segment between manholes and do not show a single segment on more than one video unless specifically allowed by the City B Flow Control 1 Perform TV inspection on one pipeline at a time Adequately control the flow in the section being televised Do not exceed the depth of wastewater flow shown below Pipe Diameter (Inches) Depth of Flow (/ of Pipe Diameter) Less than 12 10 12 54 15 Revised by Addendum No 1 10 Bid No 6242 Contract Requirements If during TV inspection of a pipeline the wastewater flow depth exceeds the maximum allowable reduce the flow depth to an acceptable level by performing the TV inspection during minimum flow hours by diversion pumping or by pulling a camera with swab high velocity jet nozzle or other acceptable dewatering device Video made while floating the camera is not acceptable unless approved by the City 2 -Minimize flow in -the line while performing post cleaning TV inspection—Divert the flow as specified in Contract Requirements sub headed Pump Around Pumping and clean the line to be inspected C Passage of TV Camera 1 Do not pull or propel the television camera through the tine at a speed greater than 30 feet per minute 2 If during TV inspection of a pipeline the camera is unable to pass an obstruction even though flow is unobstructed televise the pipeline from the other direction (reverse setup) in order to obtain a complete video of the line Whenever such a condition arises notify the City to determine if an obstruction removal or point repair is necessary When the camera is being pulled from the other direction in order to survey on either side of an obstruction and a second repair location is encountered away from the first obstruction notify the City within 24 hours D TV Inspection Log and Manhole Inspection Report 1 The Contractor shall be required to provide with each video a City of St Petersburg TV Log and Manhole Inspection Report Sheets with all applicable fields accurately completed including but not limited to date specific addressed location plat sheet project # unique TV video number TV job # type of nght of way pipe type pipe size average manhole depth total pipe segment footage name of TV technician starting and ending manhole identification number upstream (U) or downstream (D) manhole designation direction of flow and direction of measurement The contractor shall note all pipe defects service connections and general conditions in a format acceptable to the City 2 The report shall be a written/narrated log of major pipe or manhole defects sags service connection locations and general conditions indexed to the footage counter E Field Quality Control Contractor shall not allow under any circumstances sewage or solids removed in the cleaning process to be released onto streets or into ditches catch basins storm drains or storm sewer manholes or cleanouts 2 Acceptance of sewer cleaning work is contingent upon the successful completion of the in line closed circuit television inspection If the television inspection shows that debris solids sand grease or grit remains in the line the cleaning will be considered unsatisfactory The Contractor shall repeat cleaning and televising of the sewer line at his/her expense until cleaning is satisfactory Revised by Addendum No 1 11 44 Bid No 6242 Contract Requirements Safety The contractor shall conduct his operations in strict accordance with all applicable Federal State and Local safety codes and statutes and shall be fully responsible and obligated to maintain procedures for -the safety of the public as well as work personnel and equipment involved in the project MEASUREMENT AND PAYMENT Measurement The horizontal length of sanitary sewer cleaned and television inspection shall be the field measurement of the distance from center to center of the terminal manholes The inside diameter of the pipe will be the measured nominal diameter to the nearest inch The depth of debris in an unclean pipe will be defined as the average depth as field measured at the terminal manholes to the nearest 0 10 of an inch Depth measurements are to be made by the contractor with the City inspector present Payment The Cleaning Unit Price is defined as the price per foot for a 100% debns filled pipe Payment for cleaning a partially filled pipe will be based on the computation of multiplying the length of pipe times the unit cleaning pnce times the average depth of debns divided by the diameter of the pipe Example 675 feet of 36 diameter pipe which has 8 of material at one manhole and 10 at the other Cleaning unit price of $75 00 per foot 675 x 75 00 x (8+10) x 1 = $12 656 25 2 36 Payment for television inspection shall be based on lineal feet of cleaned sewer pipe televised at the applicable pipe size group No additional payment will be made for televising pipes which are not deemed clean Payment will be for the furnishing of all equipment labor materials transportation proper disposal and any other costs associated with the cleaning and televising of the sanitary sewers SEALING SLIP LINED SEWER PIPE AT TERMINAL ENDS OF MANHOLES Application Effectively seal the circumference of the annular space between the slip liner and the host pipe at the manhole connection Procedure 1 Remove all existing cement mortar and inspection ports from between the host pipe and the slip liner During the process if the contractor encounters abnormal amounts of infiltration he shall cease the removal of mortar and inject AV100 grouting material Revised by Addendum No 1 12 Bid No 6242 Contract Requirements 2 Install new quick setting non shrink cementacious grout (QSR by Strongseal or approved equal) between the slip liner pipe and host pipe This will ensure that new material is packed a minimum of 18 back from the manhole wall 2 PVC injection ports shall be installed at the 12 0 clock position 3 Gravity flow a cement slurry grout through the 2 injection ports to create a cement bulk ead between tie slip Iinerand the host-pipe—The-contractor shall ensure that no --- cement grout enters the pipeline dunng this process and shall be responsible for the _removaLotany excess material that enters the system 4 After the cement grout has cured the contractor shall inject AV100 Chemical Grout to provide a water impermeable barrier between the manhole and cement bulkhead to create an effective water seal at each end of the liner 5 The contractor shall warranty these seals for five years from the date of installation against water infiltration 6 A City representative shall be notified pnor to the Contractor initiating annual space sealing PAY ITEM DESCRIPTIONS Pump Around Setup Payment for Pump Around Pumping shall include mobilization labor pumping equipment fittings connectors adapters temporary piping and other materials needed as required by the City and as descnbed in the Technical Specifications section headed General to set up and take down the pump around system The cost of operating and maintaining the pump around equipment will be paid for under a separate Pay item Measurement will be for each Pump Around Pumping Setup regardless of the length of pump around or number of sewer pipe segments included Payment will be in accordance with the applicable sewer pipe size listed in the Bid Pump Around Pumping Operation Payment for pump around pumping operation shall include the operation and maintenance of the pump around system Measurement shall be the actual number of days or portion thereof for the operation of the pump around pumping system to the one tenth for the various sewer pipe sizes listed in the Bid – Time for setup and take down will not be included Specialty Cleaning Payment for the Specialty Cleaning refers to cleaning and removal of heavy grease roots and tuberculation/ scaling or the use of special equipment such as high pressure descaling head or root cutter in addition to normal cleaning Payment will be per linear foot of Specialty Cleaning within the assigned pipe segment for the various sewer pipe sizes specified in the Bid and shall include removal and disposal of all material Revised by Addendum No 1 13 Bid No 6242 Contract Requirements Sealing of Shp lined Sewer Pipe At Terminal Ends of Manholes Payment will be made for each manhole connection for the various sewer pipe sizes specified in the Bid The unit price shall include all mobilization demobilization CCTV inspection and video labor equipment and materials necessary for centering the slip liner in the host pipe insertion of grout tubes and constructing an anchoring watertight compression type seal to eliminate the flow of exdrane-ous sand and water from the annulus into the manhole in accordance with the contract requirements section headed Sealing Slip Lined Sewer Pipe at Terminal Ends of the Manholes Miscellaneous Non Specified Work The Pay Item(s) descnbed under this classification of work shall be full compensation for all labor equipment material and services necessary to construct or install items structures and other miscellaneous work which is required as authorized in writing by the City The Bid includes an allowance for various extra work contingencies Any amount of extra work and/or alterations to the proposed work charged to the allowance shall be fully documented and authorized by the City as follows (1) The Contractor shall include in the Contract Total Price the allowance so named in the Proposal Form (2) The Contractor shall not proceed on any additional work to be covered by the allowance until authorized in writing by the City (3) The Contractor shall cause the work so covered to be done by such subcontractors or suppliers and for such sum within the limit of the allowance as authorized by the City Revised by Addendum No 1 14 General Conditions Definitions The following words and expressions shall wherever they appear in the Contract Documents be — construed as follows Addenda Written or graphic instruments issued prior to the opening of Bids which clarify correct or change the Con ract Documents Agreement The written Agreement between the City and the Contractor The Agreement will be attached to and made a part of the Contract Documents Application for Payment The form issued by the Department which is to be used by Contractor in requesting a progress or final payment and which is to include such supporting documentation as is required by the Contract Documents Bid The offer of the Bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed Bidder Any person partnership corporation or any other legal entity submitting a Bid for the Work Bonds Bid Performance and Payment Bonds and other instruments of security furnished by the Contractor and its Surety in accordance with the Contract Documents Change Order A written order to the Contractor prepared by the City executed as required by the Contract Documents authorizing an addition deletion or revision in the Work or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement City Shall mean the City of St Petersburg Florida as represented by the City Council of said City acting by and through its authorized designees agents and employees Contractor The successful Bidder whether a corporation partnership individual or any combination thereof with whom the City has entered into the Agreement Contract Price The total monies payable by City to the Contractor under the Contract Documents Contract Time The number of calendar days stated in the Agreement for Completion of the Work and for performance of any allowance Work hereunder as amended by approved Change Order(s) The first day of the Contract Time is the Notice to Proceed Date shown in the Notice to Proceed Day One calendar day when used in the Contract Documents measured from midnight to the next midnight Defective An adjective which when modifying the Work refers to Work that is unsatisfactory faulty deficient or otherwise does not conform to the Contract Documents Revised by Addendum No 1 15 Bid No 6242 General Conditions Department A noun which refers to the Department within the City that is administering the Project Director Shall refer to the Director of the Department initiating and managing the Project Drawings The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by_the Project Manager — Equal/Equivalent A product service component or system which is demonstrated to the satisfaction of the Project -Manager -to be equal -to the product -service -component or system specified The Project Manager shall be the sole judge of acceptability of an equal Field Order A written direction to the Contractor from the Project Manager that modifies Drawings and Specifications without changing Contract Price or Contract Time Final Acceptance Acceptance of the Work by City as evidenced by signature of the Project Manager upon the Certificate of Final Completion form Final Acceptance shall be deemed to have taken place only if and when such signature is affixed to such certificate The Certificate of Final Completion shall be signed only after the Project Manager has assurance by tests inspection or otherwise that all of the provisions of the Contract Documents have been carried out Final Acceptance may also require inspection by certain regulatory agencies Nonconformance Report A wntten notice from the Project Manager to the Contractor reporting on an aspect of defective work which requires the immediate correction of same by the Contractor Notice A written notice Notice shall be served upon the Contractor either personally or by leaving the said notice at the residence or place of business or with the agent in charge of the Work or addressed to the Contractor at the residence or place of business given in the Bid and deposited in a postpaid wrapper in any post box regularly maintained by the United States Postal Service or other Location as may be established Notice to the Department or to the Project Manager shall be served at the location of the Department or Project Manager Notice of Award The written notice issued by the City to the successful Bidder stating that upon compliance by the successful Bidder with the precedent conditions enumerated therein and within the time specified a Notice to Proceed with the Work will be issued Notice to Proceed A written notice given by the Project Manager to the Contractor fixing the date on which the Contract Time will commence and the Contractor shall start to perform the obligations under the Contract Documents I Pay Quantity When applicable the estimated quantity multiplied by the unit price for each pay item specified in the Bid 1 Project The total construction of which the Work to be provided under the Contract Documents may be the whole or a part as indicated elsewhere in the Contract Documents Project Manager (P M) An individual employed by the City and assigned to manage and administer the Project which is the subject of the Contract Documents The Project Manager may designate in writing a Project Representative to perform certain duties and responsibilities as set forth in the Supplemental Conditions Revsed by Addendum No 1 16 Bid No 6242 General Conditions Site The area on which the Contractor s operations are carried out and such other adjacent areas that may be designated as such by the Contract Documents Specifications Those portions of the Contract Documents consisting of written (general or detailed) technical descriptions of materials equipment construction systems standards and workmanship as applied to the Work and certain administrative details applicable thereto Subcontractor Any person firm or corporation other than employees of the Contractor who contracts with the Contractor to furnish Tabor, materials and/or equipment for the Work Submittals All drawings diagrams illustrations schedules samples test results and other data which are specifically prepared by a Contractor Subcontractor manufacturer fabricator supplier or distributor to illustrate some portion of the Work and all illustrations brochures standard schedules performance charts instructions diagrams and other information prepared by a manufacturer fabricator supplier or distributor and submitted by Contractor to illustrate material or equipment for some portion of the Work Substantial Completion The status of completion of the Work which in the opinion of the Project Manager as evidenced by a definitive Certificate of Substantial Completion is sufficiently complete in accordance with the Contract Documents so that the Work can be utilized for the purposes for which it was intended Substitution A product service component or system which is not equal to that specified but is proposed by Contractor in lieu of that specified The acceptability of a substitute shall be based on the data submitted and the benefit of the City The Project Manager shall be the sole judge of acceptability Supplemental Drawings The drawings issued after the execution of the Agreement to explain further to illustrate or to show changes in the Work Surety Any business entity that executes as Surety the Contractor s Bid Performance or Payment Bonds Work The entire completed construction or the various separately identifiable parts furnished under the Contract Documents Work is the result of or an act of performing services furnishing labor and supplying and incorporating material and equipment into the project in conformity with the Contract Documents Preliminary Matters Delivery of Bonds Within 10 calendar days of receipt of the Notice of Award the contractor shall deliver to the City the executed Construction Agreement and Public Construction Bond Commencement of Contract Time Notice to Proceed The Contract Time shall commence on the date indicated in the Notice to Proceed Revised by Addendum No 1 17 a Bid No 6242 1 c General Conditions Starting the Project The Contractor shall begin the Work within 10 days of Notice To Proceed No Work shall be done pnor to the date on which the Contract Time commences Any Work performed by the Contractor prior to date on which Contract Time commences shall be at the sole risk of the Contractor Before Starting Construction Before undertaking each part of the Work the Contractor shall carefully study and compare the Contract -Documents nd check and verify pertinent figures and all applicable field measurements The Contractor shall promptly report in wnting to the Project Manager any conflict error or discrepancy which it may discover However the Contractor shall not be liable to the City for failure to report any conflict error or discrepancy in the Drawings or Specifications unless the Contractor had actual knowledge of same or which by reasonable diligence should have known about At the preconstruction conference the Contractor shall submit to the Project Manager a preliminary progress schedule covering the activities of work during the first 60 days of the Contract Time The schedule shall also include start and completion dates of the various stages of the entire Work and a preliminary schedule of submittals The preliminary schedule will be superseded by final schedules as called for in the Contract Documents No work shall be performed by the Contractor or Subcontractors and no irrevocable commitments to vendors made until issuance of Notice to Proceed and approval of the appropriate submittals by the Project Manager Qualifications of Subcontractors Vendors and Suppliers Within ten (10) days after receipt of Notice of Award the Contractor shall submit to the Project Manager a list of all Subcontractors and all such other persons and organizations whom the Contractor intends to utilize in performing portions of the Work The Contractor shall indicate the corresponding line item as shown on the Schedule of Values that each Subcontractor will be working under The Contractor agrees within fourteen (14) days of receipt of a written request from Director to promptly remove any personnel employed or retained by the Contractor whom Director may request in writing to be removed with or without cause Any substitution submitted by Contractor shall be acceptable to the Director and said substitution shall be at no additional cost to the City Preconstruction Conference Before the Notice to Proceed is issued a conference shall be held for review and acceptance of the preliminary schedules to establish procedures for handling submittals and process Applications for Payment and to establish a working understanding among the parties as to the Work Contract Documents Intent Conflicts Interpretation and Reuse Precedence The Contract Documents comprise the entire agreement between the City and Contractor concerning the Work and may be altered only by Change Order Revised by Addendum No 1 18 Bid No 6242 General Conditions It is the intent of the Contract Documents to describe the total Work to be constructed The Contract Documents are complementary What is called for by one is as binding as if called for by all If the Contractor finds a conflict error or discrepancy in the Contract Documents the Contractor shall call it to the Project Manager s attention in writing before proceeding with the Work The Project Manager shall respond with a written clarification as provided under Changes in the Work Any delays associated with the clarification shall be considered for time extensions only but no damages for delaywill be -allowed In resolving such conflicts -errors -and -discrepancies - the Contract Documents shall be given precedence in terms of the most stringent requirements as determined by the Project Manager Enforcement of the most stringent requirements shall be at the City s option Figure dimensions on the Drawings shall govern over scale dimensions and the detailed Drawings shall govern over general Drawings Any work that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not it is specifically called for Work materials or equipment described in words which so applied have a well known technical or trade meaning shall be deemed to have such recognized meaning The intent of the Drawings is to provide the Contractor with the best practical information regarding the layout dimensioning of the items of equipment or work required In as much as it is neither practical nor standard practice to show every detail on the Drawings the Contractor shall be responsible for the functionality of the various pieces of equipment and materials in order to provide a complete and operable system and facility Reuse of Documents Neither Contractor nor any Subcontractor manufacturer fabricator supplier or distnbutor shall have or acquire any title or ownership rights in any of the Drawings Specifications or other documents (or copies thereof) prepared by or bearing the seal or approval of the Project Manager They shall not reuse any of them on extensions of the Project or any other project Project Conditions Availability of Lands The City shall furnish at the times indicated in the Contract Documents the lands upon which the Work is to be done rights of way for access thereto and such other lands which are designated for use by the Contractor Easements for permanent structures or permanent changes in existing facilities shall be obtained by the City unless otherwise specified in the Contract Documents If the Contractor believes that any delay in the City s furnishing of these lands or easements is valid reason for an extension of the Contract Time Contractor may make a claim for such time extension as provided under Changes in the Work and Change of Contract Price but in no event will the Contractor be entitled to any damages or additional compensation for such delay The Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment Upon request the Project Manager shall furnish to the Contractor copies of all available boundary surveys and subsurface tests Unknown or Concealed Conditions I If conditions are encountered excluding existing utilities at the Site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Rev sed by Addendum No 1 19 di F Bid No 6242 General Conditions Documents or (2) unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents then the Contractor shall give the City notice thereof promptly before conditions are disturbed and in no event later than 48 hours after first observance of the conditions The Project Manager shall promptly investigate such conditions and ifthey_differ matenally_and_ cause an increase or decrease in the Contractor s cost of or time required for performance of any part of the Work the Project Manager shall recommend an equitable adjustment in the Contract Price or Contract -Time -or both—If the Project Manager determines that the conditions -at the Site— are not materially different from those indicated in the Contract Documents or are not materially different from those ordinarily found and that no change in the terms of the Agreement is justified the Project Manager shall notify the Contractor of the determination in writing The Work shall be performed after direction is provided by the Project Manager Contractor shall ascertain such conditions described above as may be readily determined by inspection and inquiry such as the location accessibility and general character of the Site prior to submitting a Bid Proposal Reference Points The Project Manager shall establish on the Drawings such general reference points as in its judgment will enable the Contractor to proceed with the Work The Contractor shall establish construction control including but not limited to construction baseline the coordinates and elevations of two permanent benchmarks by utilizing a registered land surveyor in compliance with all of the requirements of Chapter 472 Florida Statutes (Land Surveying) The Contractor shall be responsible for the layout of the Work shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of the Project Manager The Contractor shall within 48 hours give notice to the Project Manager or Project Representative whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations The Contractor shall replace and accurately relocate all reference points so lost destroyed or moved by utilizing a registered land surveyor in compliance with all of the requirements of Chapter 472 Florida Statutes (Land Surveying) Existing Utilities Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the City Pnor to commencing work the Contractor shall be responsible for verification and location of all underground utilities to the extent that the utilities can be reasonably located The Contractor shall as a minimum contact all utility companies for the purpose of having all utilities located by the utility companies The Contractor shall clear and grub those areas identified by the affected utility as essential to its work Furthermore the Contractor shall be responsible for discovery of existing underground installations in advance of excavating or trenching by contacting all local utilities and by prospecting to ascertain that the utilities shown or otherwise identified are in the area shown When such exploratory excavations show the utility location as indicated on the drawings to be in error Contractor shall so notify Project Manager The City shall not be liable for any damage or delay caused by any utility line that was or could have been identified by the Contractor using reasonable means If Contractor fads to fulfill its due diligence investigation or negligently conducts the due diligence investigation with respect to existing utilities prior to the commencement of Work Contractor will be deemed to have waived any claim it might otherwise have had to an adjustment of the Contract Price or Contract Time If Revised by Addendum No 1 20 Bid No 6242 General Conditions Contractor fully performs its due diligence investigation with respect to existing utilities prior to the commencement of Work and Contractor is subsequently delayed by an unknown existing utility conflict the Contractor may make a claim for an extension to the Contract Time in accordance with the requirements of the Contract Documents but in no event will the Contractor be entitled to any damages or additional compensation from the City Contractor s Responsibilities Supervesion and Superintendence The Contractor shall supervise and direct the Work efficiently and with its best skill and attention The Contractor shall be solely responsible for the means methods techniques sequences and procedures of construction unless specifically addressed in the Contract Documents The Contractor shall be responsible for seeing that the finished work complies accurately with the Contract Documents The Contractor shall cooperate with and be responsible for coordination of the Work with other contractors and/or utilities at the Site The Contractor shall attend meetings as requested by the Project Manager The Contractor shall keep on the Work at all times during its progress a competent resident superintendent who shall not be replaced without written notice to the Project Manager except under extraordinary circumstances The superintendent shall be the Contractor's representative at the Site and shall have authority to act on behalf of the Contractor All communications given to the superintendent shall be as binding as if given to the Contractor Labor Materials and Equipment The Contractor shall provide and pay for competent suitable qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents The Contractor shall at all times maintain good discipline and order on the Site The Contractor shall furnish and pay cost for all materials equipment labor transportation construction equipment and machinery tools appliances fuel power Tight heat telephone water and sanitary facilities and all other facilities and incidentals whether temporary or permanent necessary for the execution testing initial operation and completion of the Work as required by the Contract Documents All materials and equipment shall be new and of good quality except as otherwise provided in the Contract Documents If required by the Project Manager the Contractor shall furnish satisfactory evidence as to the kind and quality of matenals and equipment All materials and equipment shall be applied installed connected erected used cleaned and conditioned in accordance with the instructions of the applicable manufacturer fabricator or processors except as otherwise provided in the Contract Documents Substitute Materials or Equipment If the Contractor wishes to furnish or use a proposed substitute after the award of the Agreement it shall within thirty (30) days after Notice to Proceed make written application to the Project Manager for consideration of such substitute certifying in writing that the proposed substitute will perform adequately the duties imposed by the general design be similar and of equal substance or quality to that specified and be suited to the same use and capable of performing the same Revised by Addendum No 1 21 a Bid No 6242 i - General Conditions function as that specified No substitute shall be ordered or installed without the prior written approval of the Project Manager who shall be the sole judge of acceptability The application shall also contain an itemized estimate of all costs that may result directly or indirectly from acceptance of such substitute including costs of redesign delays maintenance and claims of other contractors affected by the resulting change all of which shall be considered by the Project Manager in evaluating the proposed substitute Approval of any change in costs or schedule as a result of acceptance of the substitute by the Project Manager shall be by Change Order Concerning Subcontractors The Contractor shall be fully responsible for all acts and omissions of its Subcontractors and of persons directly or indirectly employed by them and of persons for whose acts any of them may be liable to the same extent as if they were employed by the Contractor Nothing in the Contract Documents shall create any contractual relationship between any Subcontractor and the City or any obligation on the part of the City to pay or to see to the payment of any monies due any Subcontractor except as may otherwise be required by law The City may furnish to any Subcontractor to the extent practicable evidence of amounts paid to the Contractor for specific Work done The divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing Work among Subcontractors or delineating the Work to be performed by any specific trade The Contractor agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents including but not limited to the General Conditions and Supplemental Conditions for the benefit of the City All Work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate written agreement between the Contractor and the Subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance except such nghts as they may have to the proceeds of such insurance held by the City as trustee The Contractor shall pay each Subcontractor an appropnate amount determined by value of the Work of any insurance monies received by the Contractor under this insurance Patent Fees and Royalties The Contractor shall pay all license fees and royalties and assume all costs incident to the use of any invention design process or device which is the subject of patent nghts or copynghts held by others Permits The Contractor shall secure and pay for all construction permits licenses governmental charges and inspection fees and all public utility charges which are applicable and necessary for the execution of the Work at the time of its Bid A permit allowance may be established in the Bid In the absence of a permit allowance being established all permit costs shall be included in the base bid Permits if any that are provided and paid for by the City are listed in the Contract Documents Any delays associated with the permitting process will be considered for time extensions only and no damages or additional compensation for delay will be allowed Revised by Addendum No 1 22 Y Bid No 6242 General Conditions Laws and Regulations The Contractor shall give all notices and comply with all laws ordinances rules and regulations applicable to the Work If the Contractor observes that any of the Contract Documents are contradictory to such laws rules and regulations it will notify the Project Manager promptly in writing Any necessary changes shall then be adjusted by an appropriate Change Order If the —Contractor -performs any Work that it knows or should have known to be contrary to such laws,- ordinances rules and regulations and without such notice to the Project Manager it shall bear all related costs Use of Premises The Contractor shall confine its equipment the storage of materials and equipment and the operations of its workers to the areas permitted by law ordinances permits or the requirements of the Contract Documents The Contractor shall not unreasonably encumber the Site with materials and equipment Any loss or damage to the Contractor s or any Subcontractor s equipment is solely at the risk of the Contractor The Contractor shall not load or permit any part of any structure to be loaded in any manner that will endanger the structure The Contractor shall not subject any part of the Work or adjacent property to stresses or pressures that will endanger them Record Drawings The Contractor shall keep at the Site and in good order one record copy of the Contract Documents and the Shop Drawings These documents shall be annotated on a continuing basis to show all changes made during the construction process These shall be available to the Project Manager and shall be submitted with the Application for Final Payment Safety and Protection The Contractor shall be responsible for initiating maintaining and supervising all safety precautions and programs in connection with the Work The Contractor shall take all necessary precautions for the safety of and will provide the necessary protection to prevent damage injury or loss to All employees on the Work and other persons who may be affected by it All the Work and all materials or equipment to be incorporated whether in storage on or off the Site The Contractor shall assume all risk of loss for stored equipment or matenals irrespective of whether the Contractor has transferred the title of the stored equipment or materials to the City Other property at the Site or adjacent to it including trees shrubs lawns walks pavements roadways structures and utilities not designated for removal relocation or replacement in the course of construction The Contractor shall comply with all applicable laws ordinances rules regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage injury or loss Contractor shall erect and maintain as required by the conditions and progress of the Work all necessary safeguards for safety and protection Contractor shall notify Revised by Addendum No 1 23 3 to Bid No 6242 General Conditions owners of adjacent property and utilities when execution of Work may affect them pnor to start of work Ail damage injury or Toss to any property caused directly or indirectly in whole or in part by the Contractor any Subcontractor anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable shall be remedied by the Contractor The Contractor shall designate a responsible member of its organization whose duty shall be the prevention of accidents at the_Site This person shall be the Contractor s supenntendent unless otherwise designated in writing by the Contractor to the Project Manager —Emergencies— In emergencies affecting the safety of persons the Work or property at the Site or adjacent thereto the Contractor without special instructions or authorization from the Project Manager if time or circumstances do not permit is obligated to prevent or mitigate threatened damage injury or loss Contractor shall give the Project Manager written notice that the emergency provision has been invoked and shall state the reasons therefore within twenty four (24) hours of the incident If the Contractor believes the emergency resulted in additional Work a claim for a Change Order may be submitted in accordance with the procedures set forth herein The Contractor shall immediately notify the Project Manager of all events involving personal injuries to any person on the Site whether or not such person was engaged in the construction of the Project and shall file a written report on such person(s) and any other event resulting in property damage of any amount within 5 days of the occurrence The Project Manager upon learning of an emergency situation may direct the Contractor to call out work crews equipment and materials to prevent threatened damage injury or loss If the Contractor believes the emergency resulted in additional work a claim for Change Order is permissible Submittals and Samples After checking and verifying all field measurements the Contractor shall promptly submit to the Project Manager for approval in accordance with the accepted schedule of submittals all Submittals and samples required by the Contract Documents All Submittals and samples shall have been checked by and stamped with the approval of the Contractor and identified as the Project Manager may require The data shown on or with the Submittals will be complete with respect to dimensions design cntena materials and any other information necessary to enable the Project Manager to review the Submittal as required At the time of each submission the Contractor shall give notice to the Project Manager of all deviations that the Submittal or sample may have from the requirements of the Contract Documents The Contractor shall submit to the Project Manager for review and approval within 10 days after Notice of Award a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction Such prices shall include an appropnate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by the Contractor at the time of submittal The Project Manager shall review and approve Submittals and samples Project Manager s review and approval shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents The approval of a separate item as such Revised by Addendum No 1 24 Bid No 6242 General Conditions will not indicate approval of the assembly in which the item functions The Contractor will make any corrections required by the Project Manager and resubmit the required number of corrected copies until approved The Contractor s stamp of approval on any Submittal or sample shall constitute its representation to the Project Manager and City that the Contractor has determined and verified all quantities dimensions field construction criteria materials catalog numbers and similar data and that each Submittal or sample has been reviewed or coordinated with the requirements of the Work and the -Contract Docutiierits No Work requiring a Submittal or sample submission shall commence until the submission has been approved by the Project Manager A copy of each approved Submittal and each approved sample shall be kept in good order by the Contractor at the Site and shall be available to the Project Manager and City staff Any delays associated with the submittal process will be considered for time extensions only and no damages or additional compensation for delay will be allowed The Project Manager s approval of Submittals or samples shall not relieve the Contractor of its responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has called the Project Manager s attention to such deviation in writing at the time of submission any such approval by the Project Manager shall not relieve the Contractor from responsibility for errors or omissions in the Submittals To facilitate review the Contractor shall number consecutively each Submittal This numbering system shall be in order of Submittal Any resubmittal required shall have the same number as the original Submittal followed by notation signifying that this is a second or third Submrttal (e g #14 2nd submittal) All Submittals shall provide a space for the Project Manager s review stamp or signature preferably on the first page In addition all Submittals shall contain the following notation placed by the Contractor Project Name Submittal Number Deviations None As listed Reference Specification Number Reference Drawing Number Space Requirement As designed Different As listed Contractor has reviewed and submitted for approval Signature Date The review of a particular Submittal will be undertaken only if the above such information is provided Clean Up The Contractor shall maintain the Site free from accumulations of waste materials rubbish and other debris resulting from the Work on a daily basis or as required At the completion of the Work the Contractor shall remove all waste matenals rubbish and debris from the Site as well as all tools construction equipment and machinery and surplus materials and will leave the Site clean Revised by Addendum No 1 25 Bid No 6242 General Conditions and ready for occupancy by the City In addition to any other rights available to City under the Contract Documents the Contractor s failure to maintain the Site may result in withholding of any amounts due Contractor The Contractor will restore to original condition those portions of the Site not designated for alteration by the Contract Documents Work By Others The City may perform additional work related to the Project with its own forces or may let other direct contracts The Contractor shall provide the other contractors who are parties to such direct contracts including but not limited to -the other contractor s employees -agents -subcontractors -and suppliers (or the City s forces performing the additional work) reasonable opportunity for the introduction and storage of matenals and equipment and the execution of work and shall properly connect and coordinate its Work with theirs The Contractor is not entitled to exclusive use of the Site If any part of the Contractor s Work depends (for proper execution or results) upon the work of any such other contractor (or the City) the Contractor will inspect and promptly report to the Project Manager in wnting any defects or deficiencies in such work that render it unsuitable for such proper execution and results Contractor s failure to report shall constitute an acceptance of the other work except as to defects and deficiencies which may appear in the other work after the execution of its Work Contractor shall be entitled to extension of time but not to damages or additional compensation related to delay caused by such other contractors (or the City) The Contractor will do all cutting fitting and patching of its Work that may be required to make its several parts come together properly and fit it to receive or be received by such other work The Contractor will not endanger any work of others by cutting excavating or otherwise altenng such other work and will only cut or alter such other work with the written consent of the Project Manager and only if such alteration will not increase the Contract Price or Contract Time If the performance of additional work by other contractors or the City is not noted in the Contract Documents prior to the execution of the Agreement wntten notice shall be given to the Contractor prior to starting any such additional work If the Contractor believes that the performance of such additional work by the City or others involves additional expense or entitles it to an extension of the Contract Time the Contractor may make a claim as provided under Changes in the Work Change of Contract Price and Change of Contract Time City s Responsibilities The City shall issue all communications to the Contractor through the Project Manager except for authonzation required by Change Order pursuant to the Contract Documents The City shall furnish the data required under the Contract Documents and shall make payments to the Contractor when due The City s responsibilities for providing lands easements and engineering surveys to establish reference points are set forth under Project Conditions City s Representative The Project Manager shall be a representative of the City during the construction period The duties responsibilities and limitations of authority of the Project Manager as the City s representative during construction are set forth in this Invitation for Bid Revised by Addendum No 1 26 Bid No 6242 General Conditions Visits to the Site The Project Manager shall make periodic visits to the Site to observe the progress and quality of the executed Work and to determine in general if the Work is proceeding in accordance with the Contract Documents —Clarifications and Interpretations The Project Manager shall issue such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as may be determined necessary or as reasonably requested by the Contractor which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents If the Contractor believes that a written clanfication and interpretation entitles it to an increase in the Contract Price and/or Contract Time the Contractor may make a claim as provided for under Change in the Work Change of Contract Pnce and Change of Contract Time Rejecting Defective Work The Project Manager has the authority to disapprove or reject Work which is defective The Project Manager also has authority to require special inspection or testing of the Work at the Contractor s expense whether or not the Work is fabricated installed or completed Decisions on Disagreements The City shall interpret the requirements of the Contract Documents and determine the acceptability of the Work If Contractor disagrees with the City's opinion Contractor shall refer claims disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents to the Project Manager in writing with a request for a formal decision Wntten notice with supporting data of each claim dispute and other matter shall be delivered by the Contractor to the Project Manager within seven (7) days of the occurrence first happening If Contractor fails to strictly comply with these notice and submittal time penods the Contractor shall be deemed to have waived its right to assert a claim Contractor might otherwise have had concerning such matter The City will render in writing its opinion concerning the Contractors request for a formal decision and shall submit same to the Contractor If Contractor still disagrees with the Project Manager s formal decision the Contractor may submit a claim in accordance with Changes in the Work Change of Contract Price and Change of Contract Time but the Contractor shall nevertheless be obligated to fully perform the work as directed by the Project Manager Changes in the Work Changes Without invalidating the Agreement the City may at any time or from time to time order additions deletions or revisions in the Work The City shall provide Contractor with a proposal request identifying the Work to be added deleted or revised Upon receipt the Contractor shall promptly submit a written proposal for the changed work prepared in accordance under Change of Contract Price and Change of Contract Time If the proposal request calls only for the deletion of Work the City may order the partial suspension of any Work related to the proposed deletion in which case the Contractor must cease performance as directed the Contractor shall not be entitled to additional compensation or an increase in the Contract Time as a result of the suspension The Revised by Addendum No 1 27 r r Bid No 6242 General Conditions Contractor shall not be entitled to claim lost profits on deleted work All changed Work shall be executed under the applicable conditions of the Contract Documents Additional Work performed by the Contractor without authorization of a Change Order will not entitle the Contractor to an increase in the Contract Price or an extension of the Contract Time except in the case of an emergency as provided under Contractor s Responsibilities The effect of this paragraph shall remain paramount and shall prevail regardless of any conflicting provisions contained in these Contract Documents Upon agreement as to changes in the Work to be-performed—Work-performed in an emergency as provided under Contractor s Responsibilities and any other claim of the Contractor for a change in the Contract Time or the Contract Price the Project Manager will prepare a written Change Order to be signed by the Contractor and submitted to the City for approval It is the Contractor s responsibility to notify its Surety of any changes affecting the general scope of the Work Contract Price or Contract Time If the City determines the Contractor has submitted a baseless fnvolous unsupported exaggerated or otherwise spurious Claim or Change Order request the City shall deduct from any amounts due the Contractor the costs incurred by the City in reviewing and responding to that Change Order request or Claim Deductible costs include but are not limited to any costs incurred by the City or its Project Manager to review and respond to the requested Change Order or Claim The Contractor shall proceed diligently with performance of the Work as directed by the City regardless of pending claim actions unless otherwise agreed to in wnting Change of Contract Price The Contract Price The Contract Price is as defined under definitions All duties responsibilities and obligations assigned to or undertaken by the Contractor shall be at its expense without change in the Contract Price The Contract Price represents the total compensation to which the Contractor may be entitled under the terms of these Contract Documents which is based upon the estimated quantities of items listed therein or a lump sum price The actual total compensation paid to the Contractor for the Work described in these Contract Documents may vary from that amount stated on the Bid Proposal form due to Adjustments in pay quantity/quantities resulting from changes in item quantity/quantities and/or Adjustments in pay quantity/quantities as otherwise permitted by these Contract Documents The Contract Price may only be increased or decreased by a written Change Order Any claim for an increase shall be in writing and delivered to the Project Manager within seven (7) days of the occurrence first happening Written supporting data will be submitted to the Project Manager within fifteen (15) days after such occurrence unless the Director allows additional time Revised by Addendum No 1 28 Bid No 6242 General Conditions Except as provided for below any Change Order adjusting the compensation to be paid Contractor shall be priced in accordance with the following procedures Designated Unit Price (Field Measure) The Contractor and the City recognize and acknowledge that the quantities shown for those items designated on the Bid -form as unit price items are approximations prepared by -the City for bid purposes and that the actual compensation payable to the Contractor for the utilization of such items is based upon the application of unit prices to the actual quantities of items involved as measured in the field and required to complete the Project as originally defined in the Contract Documents When it is determined by the City that an addition deletion or revision to the Project as defined in these Contract Documents is required and affects the quantities required for items designated on the Bid form as unit price items the Contractor and the City agree that the compensation payable to the Contractor for such unit price items shall be adjusted accordingly by a Change Order based upon the application of the appropnate unit prices shown on the Bid form to the quantity of the unit price item required to complete the Project as defined in the Contract Documents Other Unit Pnces Unit prices for items not designated on the Bid form as unit price items but which have been mutually agreed upon by the City and the Contractor Lump Sum When it is determined by the City that an addition deletion or revision to the Project is required which results in a change in Work designated in the Bid as a lump sum item the amount of increase or decrease in the lump sum pnce shall be established by mutual agreement of the parties If the pricing methods specified under Change of Contract Price are inapplicable or if the parties are unable to agree on a price for the changed work a reasonable price for the same shall be established by the City in accordance with Cost of Work A unilateral Change Order may then be issued by the Director describing the proposed work items and the said reasonable price If Contractor fails to sign such Change Order the Contractor may submit a claim in accordance with Changes in the Work Change of Contract Pnce and Change of Contract Time but the Contractor shall nevertheless be obligated to fully perform the work as directed by the Change Order Failure on the part of the Contractor to construct any item to plan or authorized dimensions within the specification tolerances shall result in reconstruction to acceptable tolerances at no additional costs to the City acceptance at no pay or acceptance at reduced final pay quantity or reduced unit price all at the discretion of the City Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by the City based upon an analysis of the scope of the Contractor s failure to construct to plan or authorized dimensions Revised by Addendum No 1 29 a� Bid No 6242 General Conditions Cost of Work The term Cost of Work 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 Project Manager 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-applicablee equipment rate manual rate) Rented Equipment (at actual rental rate) Materials Supplies Subcontractors costs Bonds and Insurance Contractor s Fee (per Change of Contract Time ) The Contractor shall require all subcontractors and suppliers to comply with all requirements of and provide itemizations of all claims in accordance with the above The term Cost of the Work shall not include any of the following Payroll costs and other compensation of the Contractor s officers executives principals (of partnership and sole proprietorships) general managers engineers architects 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 a branch office including job site overhead 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 Fee Extraordinary fringe benefits not specifically identified under Labor Expenses of Contractor s principal and branch offices other than the Contractor s office at the 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 Cost of premiums for all bonds and insurance whether or not the Contractor is required by the Contract Documents to purchase and maintain the same (except for additional bonds and insurance required because of changes in the Work) 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 of defective Work disposal of matenals or equipment wrongly supplied and making good any damage to property Overhead or general expense costs of any kind (other than as provided in under Contractor's Fee ) Revised by Addendum No 1 30 Bid No 6242 General Conditions Contractor s Fee The maximum percentage allowed for the Contractor s combined overhead and profit shall be as follows For all such Change Order Work done or to be done by the Contractor s own organization a fixed percentage of the total -adjustment to the Contract Price shall be negotiated w+th the Project Manager at the Preconstruction Meeting and shall not exceed ten (10) percent For all such -Charge Order Work done or to beoil ne by Subcontractors each subcontractor may add up to ten percent (10 /) to its allowable cost of work for combined overhead and profit and the Contractor may add up to five percent (5 /) to the Subcontractor s allowable cost of work for its combined overhead and profit provided however (a) no markup of the cost incurred in connection with premiums for bonds or insurance shall be permitted and (b) the total maximum markup allowed by Change of Contract Pnce including but not limited to Contractor Subcontractors and all lower tier Subcontractors shall in no event exceed twenty percent (20 /) of allowable costs For all changes the Contractor shall submit an itemized cost breakdown together with supporting data in such detail and form as prescribed by the Project Manager When a credit is due the amount of credit to be allowed by the Contractor to the City for any such change which results in a net decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project Manager plus the applicable 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 manhours required by discipline/trade with the unit cost per manhour 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 markup Cash Allowance It is understood that the Contractor has included in the Contract Price any allowances named in the Contract Documents and shall cause the Work to be done by such suppliers or Subcontractors and for such sums within the limit of the allowances as the City may approve Prior to final payment the Contract Price shall be adjusted as required and an appropriate Change Order issued to reflect actual authorized expenditures made against the allowances The Contractor agrees that the original Contract Pnce includes such sums as it deems proper for all cost overhead and profit for cash allowances The Contractor further agrees that in the event the City authorizes only a portion of the allowance work the Contractor shall receive the amount for Work actually performed as set forth in the Contract Documents for cash allowance upon submittal of the proper documentation Reductions or increases in the Work will not entitle Contractor to any further increase in overhead and profit Change of Contract Time The Contract Time may only be changed by a Change Order Any request for an extension in the Contract Time shall be made in wnting and delivered to the Project Manager within seven (7) days of the occurrence first happening and resulting in the claim Written supporting data will be submitted to the Project Manager within fifteen (15) days after such occurrence unless the Project Revised by Addendum No 1 31 -a Bid No 6242 General Conditions Manager allows additional time All claims submitted by the Contractor for adjustments to the Contract Time must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was beyond the Contractor s control or fault If the Contractor is delayed at any time in the performance progress commencement or completion of the Work by any act or neglect of the City or the Project Manager or by any employee of either or by -any separate contractor employed by the City or by changes ordered in the Work or by labor disputes fire unavoidable casualties utility conflicts which could not have been identified or foreseen by the Contractor using reasonable diligence or any causes beyond the Contractor s control or fault then the Contract Time shall be extended by Change Order for such reasonable time as the City may determine Contractor shall be entitled to an extension of time for such causes only for the number of days of delay which the City may determine to be due solely to such causes and only to the extent such occurrences actually delay the completion of the Project and then only if the Contractor shall have strictly complied with all the requirements of the Contract Documents Provided however notwithstanding anything in the Contract Documents to the contrary no interruption interference inefficiency suspension or delay in the performance progress commencement or completion of the Work for any cause whatsoever including those for which the City or the Project Manager may be responsible in whole or in part shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from the City Contractor s sole and exclusive remedy against the City for interference inefficiency suspension or delay of any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein This paragraph shall expressly apply to claims for early completion as well as claims based upon late completion The Contractor shall become familiar with and prepare for the normal weather conditions existing in the City of St Petersburg Florida Normal weather conditions are expected to impact the Work in numerous ways including but not limited to delays during and after periods of rainfall temporary flooding and ponding wet ground high winds and debns The Contractor acknowledges that its bid and subsequent schedule anticipates and includes as a minimum the normally anticipated number of unfavorable weather days set forth below for the period of time covered by this Agreement The consequences and impact of such unfavorable weather conditions are neither excusable nor compensable The Contractor acknowledges that the following conditions must all exist before unfavorable weather conditions may be found to exist Unfavorable weather conditions actually existed at the Project Site for one or more work days in excess of the number of work days set forth below As a direct result of the unfavorable weather conditions the Contractor was unable to perform critical path work for a continuous period of more than four (4) hours on each specific day The Contractor had taken reasonable precautions such as but not limited to proper drainage temporary drainage or diversion and pumping (including pre and post shift pumping) to mitigate the impact of such unfavorable weather conditions The Contractor was in fact scheduled to and attempted to perform Work Revised by Addendum No 1 32 Bid No 6242 General Conditions An evaluation of weather conditions shall be made on the dates identified elsewhere in the Agreement as Milestone Dates the Substantial Completion Date and the Final Completion Date (collectively Milestone Dates) On those dates if all the conditions set forth in below are found to exist the number of work days from the date of the Notice to Proceed through the pertinent Milestone Date actually affected by unfavorable weather conditions will be compared with the normally anticipated number of unfavorable weather days set forth below for that same period of time—If the number of affected days during that period exceeds the normally anticipated number of unfavorable weather days the Project schedule shall be adjusted Subsequent Milestone Dates shall not be adjusted unless and until subsequent evaluations demonstrate independent entitlement to the same If any of the milestone dates are adlus ed -in accordance with—the foregoing procedures the Project Manager shall at the time of Final Completion prepare a Change Order increasing the Contract Time by the total of all such adjustments for unfavorable weather conditions Notwithstanding anything herein to the contrary liquidated damages shall not be assessed for the period of time between the originally scheduled Milestone Date(s) and the adjusted Milestone Date(s) as described hereinabove This extension of the Milestone Date shall be the sole consideration for the impact of weather conditions and Contractor shall not be entitled to damages or additional compensation resulting from delays caused by such weather conditions If the number of affected days during that period does not exceed the normally anticipated number of unfavorable weather days set forth below no adjustment shall be made For Milestone Dates which occur on a day other than the last day of the month the number of days set forth below shall be prorated and rounded to the nearest whole day The parties expressly acknowledge that unfavorable conditions will exist at the Site as a result of normal weather The parties also acknowledge that based on a five day work week the normal and to be anticipated number of unfavorable weather days per month are as follows January 2 work days July 7 work days February 3 work days August 7 work days March 3 work days September 6 work days April 2 work days October 2 work days May 3 work days November 2 work days June 5 work days December 2 work days All time limits stated in the Contract Documents are of the essence to the Agreement The provisions of this Article shall not preclude recovery of liquidated damages As a condition precedent to receiving an extension of the Contract Time for delay on any portion of the Work the Contractor shall reasonably reschedule the Work so as to minimize the impact of the delay and to allow continued progress on the unimpacted portions of the Work Warranty and Guarantee Acceptance of Defective Work Warranty and Guarantee The Contractor warrants and guarantees to the City that all materials and equipment will be new unless otherwise specified and that all Work will be of good quality performed in a workmanlike manner free from faults or defects and in accordance with the requirements of the Contract Documents and any inspections tests or approvals referred to in this Article All unsatisfactory Work all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections tests approvals or all applicable building construction and safety requirements shall be considered defective Notice of all defects shall be given to the Contractor Revised by Addendum No 1 33 4 i Bid No 6242 General Conditions by the Project Manager All defective Work whether or not in place may be rejected corrected or accepted as provided in this Article The Contractor shall unconditionally guarantee together with his Surety all materials and workmanship incorporated in this Contract for a period of one year from the date of Substantial Completion The Contractor shall submit a notarized affidavit attesting to such guarantee penod prior_to final payment _Should defects develop_within the guarantee penodrthe Contractor shall upon wntten notice of same promptly remedy the defects and reimburse the City for all damage to other Work if caused by the defects or caused by correcting the defects of the Work If the Contractor -after -due notice -shall refuse or neglect to make -good the defects as -notified to the satisfaction of the City then the City may and is empowered to proceed in the manner prescribed in the event of abandonment or forfeiture of the Work by the Contractor The payment to the City of its claims for material and labor and other expenses shall be prerequisite to the termination of the guarantee period and to the release of the Sureties on the Contract Bonds All representations and guarantees made in the Contract Documents shall survive final payment and termination or completion of this Contract This guarantee shall be exclusive of any manufacturers guarantees or warranties exceeding this period i Tests and Inspections If the Contract Documents laws ordinances rules regulations or orders of any public authonty having jurisdiction require any Work to specifically be inspected tested or approved by someone other than the Contractor the Contractor shall give the Project Manager timely notice of readiness therefore The testing firm(s) (if assigned by the City to this Project) and all such inspections tests or approvals provided for by the City shall be identified in writing by the Project Manager to the Contractor All other inspections tests or approvals shall be at the Contractor's expense including additional expenses for inspection and tests required as a result of delays by the Contractor or hours worked in excess of 40 hours per week For all required inspections tests and approvals on any Work prepared performed or assembled away from the Site the Contractor will furnish the Project Manager with the required Certificates of Inspection testing or approval All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organizations as may be required by law or the Contract Documents Matenals or Work in place that fail to pass acceptability tests shall be retested at the direction of the Project Manager and at the Contractor s expense Neither observations by the Project Manager or any City Inspector nor inspections tests or approvals by persons other than the Contractor shall relieve the Contractor of its obligations to perform the Work in accordance with the requirements of the Contract Documents Access to the Work For the duration of the Project the Project Manager and its representatives other designated representatives of the City and authorized representatives of any regulatory agency shall at all times be given access to the Work The Contractor shall provide proper facilities for such access and observation of the Work and also for any inspection or testing by others Uncovering the Work If any Work required to be inspected tested or approved is covered prior thereto without the pnor written approval of the Project Manager or if any Work is covered contrary to the request of the Project Manager the Work shall if requested by the Project Manager be uncovered for observation inspection testing or approval and replaced at the Contractor s expense Revised by Addendum No 1 34 Bid No 6242 General Conditions If any Work has been covered which either the Project Manager has not specifically requested to o,serve or if the Project Manager considers it necessary or advisable that covered Work be inspected or tested by others the Contractor upon written request of the Project Manager shall uncover expose or otherwise make available for observation inspection or testing that portion of the Work in question furnishing all necessary labor material and equipment If it is found that such Work is defective the Contractor shall bear the expense of such uncovering exposure observation inspection testing and satisfactory reconstruction If—however—such Work isnot found to be defective the Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both directly_ attributable to such uncovenng exposure observation inspection testing and reconstruction if it makes a claim as provided under Changes in the Work Change of Contract Price and Change of Contract Time Stop Work When Work is defective or when the Contractor fails to supply sufficient skilled workmen or suitable materials or equipment or make prompt payments to Subcontractors for labor materials or equipment or if the Contractor violates any provisions of these Contract Documents the Department Director may order the Contractor to stop the Work until the cause for such order has been eliminated However this nght of the Director to stop the Work shall not give nse to any duty on the part of the Director to exercise this right for the benefit of the Contractor or any other party The Contractor shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph Correction or Removal of Defective Work When directed by the Project Manager the Contractor shall promptly without cost to the City and as specified by the Project Manager either correct the defective Work whether fabricated installed or completed or remove it from the Site and replace it with nondefective Work If the Contractor does not correct such defective Work or remove and replace such defective Work within a reasonable time all as specified in a written notice from the Project Manager the City may have the deficiency corrected All direct and indirect costs of such correction shall be paid by the Contractor or deducted from payment to Contractor The Contractor will also bear the expense of correcting or removing and replacing all Work of others destroyed or damaged by the correction removal or replacement of the defective Work If after approval of final payment and prior to the expiration of one year after the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract documents any Work is found to be defective incomplete or otherwise not in accordance with the Contract Documents the Contractor shall promptly without cost to the City and in accordance with the City s written instructions either correct such defective Work or if it has been rejected by the City remove it from the Site and replace it with non defective Work If the Contractor does not promptly comply with the terms of such instructions the City may have the defective Work corrected removed or replaced All direct and indirect costs of such action will be paid by the Contractor Acceptance of Defective Work If instead of requiring correction or removal and replacement of defective Work the City prefers to accept it the City may do so In such case if acceptance occurs prior to approval of final payment a Change Order incorporating the necessary revisions in the Contract Documents including an appropriate reduction in the Contract Pnce shall be issued If the acceptance occurs Revised by Addendum No 1 35 Bid No 6242 General Conditions after approval of final payment the Contractor shall pay to the City an appropriate sum to compensate for the defect in the Work Neglected Work by Contractor If the Contractor neglects to execute the Work in accordance with the Contract Documents including any -requirements -of -the -progress -schedule the Project -Manager may -direct the Contractor to submit a recovery plan and take specific corrective actions including but not limited to employing additional workmen and/or equipment and working extended hours and additional days all at no cost to the City in order to put the Project back on sch dule If the Contracfor fads to correct the deficiency or take appropnate corrective action the City may terminate the contract or Contractor s nght to proceed with that portion of Work and have the Work done by others The cost of completion under such procedure shall be charged against the Contractor A Change Order shall be issued incorporating the necessary revisions in the Contract Documents including an appropriate reduction in the Contract Price If the payments due the Contractor are not sufficient to cover such amount the Contractor shall pay the difference to the City When the Contractor is more than 5 /0 behind schedule based on the approved Project Schedule the Project Manager may deduct from the Contractor s progress payment a sum equal to the liquidated damages for the number of days behind schedule Additional withholding may be made if the Project Manager determines the work cannot be completed for the unpaid balance of the Contract Price Should the Contractor work overtime weekends or holidays to regain the schedule all costs to the City of associated inspection construction management and project management shall be identified to the Contractor and the Contract Price reduced by a like amount via Change Order Payment and Completion Schedule of Values At least ten (10) days pnor to submitting the first Application for Payment the Contractor shall submit to the Project Manager a final schedule of values for all activities of the Work shown on the accepted schedule including quantities and unit pnces totaling to the Contract Price This schedule of values shall be satisfactory in form and substance to the Project Manager and shall subdivide the Work into component parts in sufficient detail to serve as the basis for measuring quantities in place and calculating amounts for progress payments during construction Unsupported or unreasonable allocation of the Contract Price to any one activity shall be justification for rejection of the schedule of values Upon approval of the schedule of values by the Project Manager it shall be incorporated into the form of Application for Payment prescribed by the Project Manager No payment can be made until the schedule of values with the activity dollar resources has been approved by the Project Manager The Application for Payment shall delineate all activities on the schedule the approved value previous percentage complete approved previous value complete approved current percentage complete requested and value of current percentage requested Application for Payment Application for Payment shall be made no earlier than thirty (30) days after Notice to Proceed and monthly thereafter but not more often than once a month The Contractor shall submit an Revised by Addendum No 1 36 Bid No 6242 General Conditions Application for Payment on the form provided at the pre construction conference The Application fa Payment when submitted shall be filled out accurately and signed by the Contractor covering the Work completed as of the date of the Application and supported by such data as required by the Department If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing the Application for Payment shall also be accompanied by such supporting data as will establish the City s title to the material and equipment and protect its interest therein -including applicable - insurance The Contractor shall prepare a draft Application for Payment and submit it to the Project Manager If the Project Manager determines that the Application is proper the Contractor shall prepare and submit the original Application for Payment (suitable for signature) to the Project Manager for approval Project Manager will then forward the original Application for Payment to the Department for processing Retainage All progress payments shall be subject to a ten percent (10°/) retainage For projects whose completion time is more than six (6) months there shall be retained ten percent 10% until the Work reaches fifty percent 50 / completion When fifty percent (50°/) of the Work is complete and in place (not including stored materials) the Contractor may submit a written request to the Project Manager that no additional retainage be withheld for the remaining Work The Project Manager may approve this request provided however the Work has proceeded to the satisfaction of the Project Manager At any time if in the Director s sole opinion the Contractor is failing to prosecute the Work in accordance with the Contract Documents the Director may reinstate the full ten percent (10 /) retainage Retainage may be increased for deficiencies including but not limited to schedule slippage delinquent submittals or defective work The Director shall retain an amount that the City considers adequate protection of the City and may release all or a portion of any excess amount All remaining retainage shall be requested in the Final Payment after final acceptance of the Work by the City Contractor s Warranty of Title If at any time there shall be evidence of any claim for which if established the City might become liable and which is chargeable to Contractor or if Contractor shall incur any liability to the City or the City shall have any claim or demand against Contractor whether or not reduced to judgment or award of any kind or for any reason whether related to or arising out of this Agreement or any other agreement between the Contractor and the City the City shall have the right to retain out of any payment due or which may become due under this Agreement or any other Agreement between the Contractor and the City an amount sufficient to indemnify the City against such claim and/or to compensate the City for and fully satisfy such liability claim or demand and charge or deduct all cost of defense or collection with respect thereto including reasonable attorney fees Should any claim develop after final payment has been made the Contractor shall refund to the City all monies that the latter may be compelled to pay in discharging such claims or incurred in collecting said monies from the Contractor Approval of Payments Applications for Payment that are determined to be proper by the Project Manager will be processed and submitted to the Chief Disbursement Officer within ten (10) calendar days of receipt from the Project Manager If an Application for Payment is determined to be improper it shall be Revised by Addendum No 1 37 1. oe t Bid No 6242 General Conditions returned to the Contractor accompanied by a notice which states that it is improper and indicates corrective action to be taken for resubmittal Neither the 10 day review time nor the time associated with returning an improper Application for Payment shall be included in the 30 day period discussed below Payment for the Work shall be made within 30 days after the date a proper Application for Payment is presented foipayment to the Chief Disbursement_Othcer _If payment is not made within the time specified by law interest will be paid to the Contractor in accordance with Florida Statutes 218 74 (4) The Project Manager may refuse to approve the whole or any part of any payment if in the Project Manager s opinion he/she is unable to make the representation that the Application is acceptable to the City The Project Manager may also refuse to approve any such Application or because of subsequently discovered evidence or the results of subsequent inspections or tests nullify any such payment previously approved to such extent as may be necessary in the Project Manager s opinion to protect the City from Toss because The Work is defective The Cntical Path Method (CPM) schedule or another method of scheduling as directed and regular updates as required in the Division 1 specifications have not been submitted or accepted Claims have been filed against the City for which the Contractor may be liable The Contract Price has been reduced because of Change Order(s) The City has been required to correct defective Work or complete the Work in accordance with Warranty and Guarantee Acceptance of Defective Work The Work was executed unsatisfactorily or the Contractor failed to clean up as required under Work by Others or failed to control traffic or dust or otherwise is not in compliance with these Contract Documents Evidence that the Work cannot be completed for the unpaid balance of the Contract Failure of the Contractor to promptly pay Subcontractors for labor or matenals Substantial Completion When the Contractor believes the Project is Substantially Complete it shall certify in writing to the Project Manager that the entire Project is Substantially Complete in accordance with the Contract Documents and request the Project Manager to inspect the Work Thereafter the Project Manager assisted by other personnel as required along with the Contractor shall make an inspection of the Project to determine the status of completion If the Project Manager does not consider the Project Substantially Complete the Project Manager will notify the Contractor in writing giving specific reasons why the Project is not Substantially Complete If the Project Manager considers the Project Substantially Complete a Certificate of Substantial Completion may be issued by the City This Certificate shall fix the date of Substantial Completion and will define the remaining deficiencies Warranties for the project or those portions shall commence on the date of Substantial Completion unless otherwise provided for in the Contract Documents Revised by Addendum No 1 38 Bid No 6242 General Conditions Substantial Completion cannot occur until all conditions necessary for safe and proper use grcupancy maintenance and operations are in place Partial Utilization The Project Manager may direct the Contractor to permit the City to take control of that portion operate and-utilize-it—when-the-City-believes such -use -will not -significantly -interfere -with construction of the other parts of the Project If the Contractor is of the opinion that certification of Partial Substantial Completion is not in the City s best interests it shall give written notice of such opinion and include a statement of all reasons why certificationshould not be issued—Otherwise the Contractor shall certify to the City that all critical elements of that part of the Project are Substantially Complete and request the Project Manager to prepare a Certificate of Partial Substantial Completion for that part of the Project Thereafter the Project Manager assisted by other personnel as required along with Contractor will make an inspection of that part of the Project to determine the status of completion If the Project Manager considers that part of the Project to be Substantially Complete the Project Manager will deliver to the Contractor a Certificate of Partial Substantial Completion to that effect fixing the date of Partial Substantial Completion as to that part of the Project attaching a list of items to be completed or corrected before final payment of total Contract and fixing responsibility between the City and Contractor for any outstanding obligations on that part of the Project The City shall have the right to occupy and use the portion of the Project after date of Partial Substantial Completion for that portion but the Project Manager will allow the Contractor reasonable access to complete or correct items on the list Acceptance of Partial Substantial Completion shall not negate the Contractor's obligation to meet milestone requirements including Substantial and Final Completion Dates for the entire Project as said dates may have been set forth in the Contract Documents Where Partial Substantial Completion has been established for a portion of the project warranties for that portion shall commence on the date of Partial Substantial Completion unless otherwise provided for in the Contract Documents Final Completion Upon written notice from the Contractor that the Project is complete the Project Manager shall schedule a final inspection with the Contractor including any other personnel necessary The Project Manager shall notify the Contractor in writing of any Work this inspection reveals to be defective or otherwise not in accordance with the Contract Documents The Contractor shall immediately take such action as may be necessary to remedy such defects and bring the Project into full compliance with the Contract Documents and then request another inspection Final Completion of the Work shall be achieved by the Contractor when all Work required under the Contract Documents has been satisfactorily completed After the Project Manager has determined that all Work has been completed the City will issue a Certificate of Final Completion for the Work Where Substantial Completion may not be applicable to the project warranties will commence on the date of Final Completion Application for Final Payment After the Certificate of Final Completion for the Work has been issued by the Project Manager the Contractor may make Application for Final Payment following the procedure for progress payments The Application for Final Payment shall be accompanied by the Contractor s Affidavit of Payment Revised by Addendum No 1 39 rc c t" Bid No 6242 General Conditions of Debts and Claims Certificate of Final Completion Certificate of Occupancy (if appropriate) and the Consent of Surety to Final Payment and Release of Liens from all subcontractors Approval of Final Payment If on the basis of the Project Manager s observations and review of Work during construction final inspection, and_review--of-the-Application for Final -Payment (all as -required -by -the -Contract -- Documents) the Project Manager is satisfied that the Work has been completed and the Contractor has fulfilled all of its obligations under the Contract Documents the Project Manager shall approve and -forward to the City -the -Application for Final Payment It determined -W be proper by the Project Manager within fifteen (15) days after receipt of the Application for Final Payment from the Contractor the Project Manager will submit the Application for Final Payment to the Chief Disbursement Officer Otherwise the Project Manager shall return the Application to the Contractor indicating in writing the reason for refusing to approve for final payment in which case the Contractor will make the necessary corrections and resubmit the Application to the Project Manager Contractor s Continuing Obligation The Contractor's obligation to perform the Work and complete the Project in accordance with the Contract Documents shall be absolute Neither approval of any progress or final payment the issuance of a Certificate of Substantial Completion any payment by the City to the Contractor under the Contract Documents any use or occupancy of the Project or any part thereof by the City the issuance of a Certificate of Final Completion any act of acceptance by the City any failure to do so nor any correction of defective Work by the City shall constitute an acceptance of Work not in accordance with the Contract Documents Waiver of Claims The making and acceptance of final payment shall constitute a waiver of any and all claims by the Contractor against the City except for those previously submitted in writing in accordance with the Contract Documents Suspension of Work and Terminaiton Suspension of Work The Director may at any time suspend the Work or any portion thereof for a continuous penod of not more than sixty (60) days by notice in wnting to the Contractor The Project Manager shall fix the date on which Work shall be resumed and the Contractor shall resume the Work on the date so fixed The Contractor shall be allowed an extension of the Contract Time if directly attnbutable to any suspension as the sole compensation and remedy for such suspension provided it makes a proper claim for same as provided for under Change of Contract Time Contractor shall not be entitled to any damages or additional compensation for any such suspensions Termination of Work If the Contractor is adjudged bankrupt or insolvent if it makes a general assignment for the benefit of its creditors if a trustee or receiver is appointed for it or for any of its property if it files a petition to take advantage of any debtor s act or to reorganize under the bankruptcy or similar laws if it repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment or make Revised by Addendum No 1 40 Bid No 6242 General Conditions prompt payments to Subcontractors or for labor materials or equipment if it disregards laws ordinanqes rules regulations or orders of any public body having jurisdiction if it fails to submit the bonds and Certificates of Insurance within the times required by Article 6 of this Agreement if it disregards the authority of the Project Manager or if it otherwise materially violates any provisions of the Contract Documents then the City may without prejudice to any other right or remedy and after giving the Contractor and its -Surety seven (7) days written notice terminate the services of the Contractor Upon termination the City shall take possession of the Project and may take possession of all materials equipment tools construction equipment and machinery thereon owned by the Con ractor and finish the Work 5y whatever method it may deem expedient In such case the Contractor shall not be entitled to receive any further payment until the Work is completed If the unpaid balance of the Contract Price exceeds the direct and indirect cost of completing the Project including compensation for additional professional services such excess shall be paid to the Contractor If such cost exceeds the unpaid balance the Contractor shall pay the difference to the City Such cost incurred by the City shall be incorporated in a Change Order If after notice of termination of this Agreement as provided for herein it is determined for any reason that the Contractor was not in default or that its default was excusable or that the City was not entitled to the remedy against Contractor provided herein the termination will be deemed to be a termination for convenience pursuant to Termination for Convenience and the Contractor s remedies against the City shall be the same as and limited to those afforded thereunder Where the Contractor s services have been so terminated pursuant to above by the City said termination shall not affect any rights of the City against the Contractor then existing or which may thereafter accrue Any retention or payment of monies by the City due the Contractor will not release the Contractor from liability Termination for Convenience The performance of Work under this Agreement may be terminated by the City in accordance with this clause in whole or from time to time in part whenever the City shall determine that such termination is in the best interest of the City Any such termination shall be effected by delivery to the Contractor of a Notice of Termination for convenience specifying the extent to which performance of work under the Agreement is terminated and the date upon which such termination becomes effective After receipt of a Notice of Termination for Convenience and except as otherwise directed by the City the Contractor shall Stop Work under this Agreement on the date and to the extent specified in the Notice of Termination for Convenience Place no further orders or subcontracts for materials services or facilities except as may be necessary for completion of such portion of the Work under this Agreement as is not terminated Terminate all orders and subcontracts to the extent that they relate to the performance of Work terminated by the Notice of Termination for Convenience In the sole discretion of the City the Contractor shall either assign to the City in the manner at the time and to the extent directed by the Project Manager all of the right title and interest of the Contractor under some or all of the orders and subcontracts so terminated or Revised by Addendum No 1 41 Bid No 6242 General Conditions settle all outstanding liabilities and all claims arising out of such termination of nonassigned orders and subcontracts Transfer title and deliver to the City in the manner at the times and to the extent if any directed by the Project Manager the fabricated or unfabncated parts work in process completed work supplies and other material produced as a part of or acquired in connection with the performance ofthe Work terminated by_the Notice otiermination for -Convenience — Complete performance of such part of the Work as shall not have been terminated by the Notice of Termination for Convenience Take such action as may be necessary or as the City may direct for the protection and preservation of the property related to this Agreement which is in the possession of the Contractor and in which the City has or may acquire an interest After receipt of a Notice of Termination for Convenience the Contractor shall submit to the City its termination claim Such claim shall be submitted promptly but in no event later than four (4) months from the effective date of termination unless one or more extensions in writing are granted by the Director No claim will be allowed for machinery and equipment rental expense incurred after the effective date of the Notice of Termination for Convenience Upon failure of the Contractor to submit its termination claim within the time allowed the City shall determine on the basis of information available to it the amount if any due to the Contractor by reason of the Termination for Convenience The Contractor and the City may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of Work pursuant to this clause which amount or amounts may include a reasonable allowance for profit on Work done provided that such agreed amount or amounts exclusive of settlement costs shall not exceed the total Contract Price as reduced by the amount of payments otherwise made and as further reduced by the Contract Price of Work not terminated The Agreement shall be amended accordingly and the Contractor shall be paid the agreed amount In the event of the failure of the Contractor and the City to agree as provided above on the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this Article the City shall determine on the basis of information available to it with respect to all Work performed pnor to the effective date of the Notice of Termination for Convenience the total (without duplication of any items) of the cost of such work and a sum as profit equal to seven (7) percent of said cost of the Work provided however that if it appears that the Contractor would have sustained a loss on the entire Contract had it been completed no profit shall be included or allowed under this clause and an appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated rate of Toss In no event will the Contractor be entitled to recover any anticipated or lost profit The total sum to be paid to the Contractor shall not exceed the total Contract Price as reduced by the amount of payments otherwise made and as further reduced by the Contract Price of Work not terminated Except for normal spoilage and except to the extent that the City shall have otherwise expressly assumed the risk of loss there shall be excluded from the amounts payable to the Contractor the fair value as determined by the City of property which is destroyed lost stolen or damaged so as to become undeliverable to the City Revised by Addendum No 1 42 Bid No 6242 General Conditions In arriving at the amount due the Contractor under this clause there shall be deducted (1) payments on account theretofore made to the Contractor applicable to the terminated portion of this Agreement (2) any claim which the City may have against the Contractor in connection with this Agreement and (3) the agreed price for or the proceeds of sale of any materials supplies or other things kept by the Contractor or sold pursuant to the provisions of this clause and not otherwise recovered by or credited to the City Miscellaneous All specifications drawings and copies furnished by the City shall remain the City's property They shall not be used on another Project and with the exception of those sets which have been signed in connection with the execution of the Agreement shall be returned to the City upon completion of the Project Should the City or the Contractor suffer injury or damage to its person or property because of any error omission or act of the other or of any of their employees agents or others for whose acts they are legally liable claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage Pending resolution of any claim or dispute between the City and Contractor unless otherwise agreed in writing the Contractor shall proceed diligently with Performance of the Work as directed by the City and the City shall continue to make payments in accordance with the Contract Documents Historical or Archaeological Deposits If during the course of construction evidence of deposits of historical or archaeological interest is found Contractor shall cease operations affecting the find and shall notify the Project Manager who shall notify the Regional Office of the Environmental Protection Agency and the State Historic Preservation Office No further disturbance of the deposits shall ensue until Contractor has received written instructions from the Project Manager The Project Manager will issue written instructions only after the state office has surveyed the find and made a determination to the Environmental Protection Agency and City Compensation to Contractor if any for changes in construction shall be determined in accordance with changed conditions or change order provisions of the Contract Documents provided however in no event will the Contractor be entitled to damages or additional compensation for any delays incurred the Contractor s sole remedy being to seek an extension to the Contract Time pursuant to the provisions of the Contract Documents Maintenance of Records The Contractor shall keep adequate records and supporting documentation applicable to this Project and Agreement Said records and documentation shall be retained by the Contractor for a minimum of five (5) years from the date of final completion or termination of this Agreement The City shall have the right to audit inspect and copy all such records and documentation as often as the City deems necessary during the period of this Agreement and for a period of five (5) years thereafter provided however such activity shall be conducted only during normal business hours The City during this period of time shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of the Contractor as concerns the aforesaid records and supporting documentation Revised by Addendum No 1 43 Bid No 6242 General Conditions Apprentices and Trainees When apprentices and trainees are utilized by the Contractor on the Work pursuant to this Agreement the behavior of the Contractor shall be governed by the provisions of Chapter 446 Flonda Statutes -indemnification The Contractor shall indemnify and hold harmless the City and its employees and agents against all liabilities claims suits demands damages losses and expenses including attorney s fees arising out of or resulting from the performance of the Work provided that any such liability claim suit demand damage loss or expense (a) is attributable to bodily injury sickness disease or death or injury to or destruction of tangible property (other than the Work itself) including the Toss of use resulting therefrom and (b) is caused in whole or in part by an act or omission of the Contractor any Subcontractor anyone for whose acts any of them may be liable whether or not it is caused in in part by the negligence or other fault of a party indemnified hereunder Revised by Addendum No 1 44 Special Conditions Intent The intent of the City of St Petersburg is to solicit competitive sealed bids for an annual contract for sanitary sewer cleaning General Information The construction work called for within this bid package involves work for the City of St Petersburg as Owner Firms submitting bids on this project are cautioned to carefully follow the instructions of this section so as to help ensure that their bids are responsive to the requirements as presented herein Pre bid Conference A pre bid conference will be held to allow potential bidders an opportunity to present questions to staff and obtain clarification of the specifications of the bid documents The pre bid conference is an important portion of the bidding process and all vendors are urged to attend Completeness of Bid Package The physical makeup and content of the contract documents are designed to be complete for the preparation and submittal of bids However the bidder shall verify to its own satisfaction that all material issued him including Amendments is complete Should the bidder discover that a page sheet or other item is missing he shall so notify the Purchasing and Matenals Management Department and the missing item(s) will be forwarded to the bidder After the bids have been submitted no claims of ignorance of the requirements of bidding or of construction due to ignorance of the requirements of bidding or of construction due to such missing material including Amendments will be recognized Delivery of Bids Bidders will submit one original and four (4) copies of their bid Bids will be received until the time and date specified in the Invitation for Bids Bids received after the time and date specified will not be considered Non exclusive Contract Award of this contract shall impose no obligation on the City to utilize the vendor for all services of this type which may develop during the contract period This is not an exclusive contract The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such action to be in the City s best interest Performance Bond The successful Contractor and/or equipment supplier shall furnish a performance bond executed by a surety company duly authorized to do business in the State of Florida which shall be counter signed by an agent for the company resident in the State of Florida The amount of the bond shall be equal to one hundred percent (100 /) of the estimated contract price as security for the faithful Revised by Addendum No 1 45 Bid No 6242 Special Conditions performance of this contract and as security for the payment of all persons performing labor and furnishing materials in connection with this contract The surety shall have a rating classification of B+ and a financial category of Class IV as evaluated in the current Bests Key Rating Guide Property Liability In lieu of a performance bond the bidder may submit an irrevocable letter of credit cash certified check treasurer s or cashier s check issued by a responsible bank or trust company payable to the City of St Petersburg Contract Period The contract will be effective fram date of award t r1t ough January 31 2005 Extension of Contract The City reserves the right to extend the contract under the same terms and conditions for four (4) one year periods from date of expiration provided such extension is mutually agreeable to both the City and the Contractor The unit prices shall be negotiated based on the 20 Cities Average Cost Index for Common Labor (CC) as published in the Market Trends section of Engineering News Record for the contract period Specifications Bidders should submit any information and drawings in support of their bids Bidders will also submit a complete list of materials that will be used in this project Bidder s Responsibility to the Project The submission of a bid will constitute an incontrovertible representation by the bidder that he has or will comply with all provisions of the contract documents and that the contract documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for the performance of the work and that the bidder has thoroughly reviewed the plans and specifications and has included all required labor and material in his bid Conflicts in the Documents Should any particular requirement in the plans and/or specifications for the project appear to a bidder to be in disagreement with other requirements in the contract documents or if a bidder is unsure of the intent or meaning of any particular requirement of the contract documents the bidder shall immediately notify the City If such notifications are received by the City seven days prior to the bid opening the City will if deemed by the City to be warranted issue a written clarification or an Amendment to all parties recorded by the City as having received the bid documents Qualification of Contractor The prospective Contractor must be approved in writing by the Water Resources Department prior to award of the contract The Contractor shall provide any information or documentation which the Water Resources Department may require as proof of the Contractor s capability to perform the type of work specified herein Minimum requirements for approval by the Water Resources Department are as follows Revised by Addendum No 1 46 Bid No 6242 Special Conditions The Contractor shall possess a State of Florida Underground Utility Contractor License (provide a copy) The Contractor shall document their firm has cleaned a minimum of 600 000 ft of Targe diameter pipe (18 or larger) The Contractor shall document their equipment and ability to televise sewer lines The Contractor shall have been engaged—HT-the business and shalrhave been performing work of a similar type magnitude and difficulty for a period of not less than five (5) years within the State of Flonda The Contractor shall provide with their references a list of at least three projects of similar complexity which have been successfully completed by the Contractor during the past three (3) years within the State of Florida This documentation shall include the location job name contact with telephone number dates and a project descnption • The Contractor s main office and equipment shall be located in Pinellas County or a contiguous County to Pinellas County to provide consistency of service follow up and minimize disruptions including mobilization and de mobilization Prior Approval of Subcontractors No part of the Contract shall be sublet without the written approval of the Owner If the Contractor should sublet any part of this Contract the Contractor shall be as fully responsible to the Owner for acts and omissions of his Subcontractor and of the persons either directly or indirectly employed by his Subcontractor as he is for the acts and omissions of persons directly employed by himself The percentage of work subcontracted shall not exceed 20% of the total contract work Firm Prices The bidder warrants that prices terms and conditions quoted in the bid are firm for the contract penod as stated in the Invitation for Bid Estimated Quantities These estimated quantities are given only as a guideline for preparing the bid and should not be construed as representing actual quantities to be purchased under this contract FOB Point All prices quoted by the bidder shall be F 0 B destination with all delivery costs and charges for equipment necessary to perform work included in the bid price Holidays If the contractor chooses to work on a designated City holiday the contractor will reimburse the City $400 to cover the costs of providing a City Inspector A list of current City holidays will be provided to the successful contractor Revised by Addendum No 1 47 , Bid No 6242 Special Conditions Sanitary Sewer Overflow Sanitary sewer overflow resulting from work performed by the contractor will be reported to the Water Resources dispatcher immediately The contractor will also electronically notify the Florida Department of Environmental Protection within 24 hours of the overflow The City will provide the notification form The City reserves the right to hold the contractor responsible for any and all costs and fines associated with the overflow clean up Bid Guarantee A bid guarantee in the amount of five percent of the bid amount shall be submitted with the bidder s proposal The bidder may submit a bid guarantee in a form satisfactory to the City with a surety company qualified to do business in the State of Florida and conditioned upon faithful performance by the principals of the agreements contained in the bid In lieu of a bid bond the bidder may submit an irrevocable letter of credit cash certified check or a treasurer s or cashier s check issued by a responsible bank or trust company payable to the City of St Petersburg The bid deposit shall be paid into the funds of the City of St Petersburg Florida as liquidated damages if the bidder fails to execute the written contract and furnish the required contract secunty bond within 10 working days following written notice of the award of the contract The cash certified check treasurer s or cashier s check of the unsuccessful bidders will be retumed to the parties submitting same after the execution of a contract or in the event that all the bids are rejected Performance Bond The successful contractor and/or equipment supplier shall furnish a performance bond executed by a surety company duly authorized to do business in the State of Florida which shall be counter signed by an agent for the company resident in the State of Florida The amount of the bond shall be equal to one hundred percent (100%) of the estimated contract price as security for the faithful performance of this contract and as security for the payment of all persons performing labor and furnishing materials in connection with this contract The surety shall have a rating classification of B+ and a financial category of Class IV as evaluated in the current Best s Key Rating Guide Property Liability In lieu of a performance bond the bidder may submit an irrevocable letter of credit cash certified check treasurer s or cashier s check issued by a responsible bank or trust company payable to the City of St Petersburg Delivery of Bids Each bid shall be submitted in a sealed envelope plainly marked as required in the Invitation for Bids addressed to the Purchasing Director for the City of St Petersburg Florida Bids will be received at the Office of the Purchasing Director City of St Petersburg as stipulated in the Invitation for Bids until the time and date specified in the Invitation for Bids Bids received after the time and date specified will not be considered Revised by Addendum No 1 48 Bid No 6242 Special Conditions Bid Form Bids shall be made upon the forms supplied by the office of the Purchasing Director City of St Petersburg Florida Each bidder must state in their bid the price for which they will perform the work as required by the plans and specifications Signature ori Bids Each bidder shall sign their bid with a full name and address at all locations as indicated In cases where a firm or corporation submits a bid the bid shall be signed with the full name of one member of the firm or by the name of the officer or officers authorized by its by laws Basis of Bid Prices The drawing and specifications together with any modifications of either or troth which are furnished to prospective bidders dunng the advertising period shall become the basis of the agreement Unless otherwise provided in the contract documents the contractor shall provide and pay for all labor materials equipment tools construction equipment and machinery water heat utilities transportation and other facilities and services necessary for the proper execution and completion of the work whether temporary or permanent and whether or not incorporated or to be incorporated in the work including the costs incurred by the contractor in complying with all the provisions and requirements of these contract documents Each unit price will be deemed to include an amount considered by the contractor to be adequate to cover the contractor s overhead and profit for each separately identified item Bid Preparation Bids shall be legibly written in ink or typed All applicable pages of the bid shall be completed All prices for lump sum or unit price work shall be given in numerals For unit price items bidders shall fill in the unit price bid for each item and shall also make an extension based on the estimated quantities Bid pnces shall be entered on the Invitation for Bid forms unless directed otherwise on the bid Failure to complete the Invitation for Bid forms may render the bid non responsive Amendments If in the judgement of the Purchasing Director an Amendment is required to modify add to or delete from the contents of the plans and/or specifications a copy of such will be properly distributed to all plan holders All amendments shall become part of the contract documents No other interpretations or clarifications issued prior to the bid opening shall have legal effect Acknowledgment of receipt of all amendments shall be noted on the bid in the section provided The sole obligation of the Purchasing Director with respect to distribution of amendments is to ensure that a copy of each amendment is sent to all parties recorded by the City as having received copies of the contract documents Each bidder shall bear the responsibility to satisfy themselves Revised by Addendum No 1 49 Bid No 6242 Special Conditions prior to submitting the bid that the bid is responsive to all amendments issued Failure to receive or acknowledge any amendments shall not release the bidder from all obligations contained in such amendment Period Bid Remains in Effect Bids -for the work covered by this contract may be held by the City for a period ofi90 days after receipt of bids and shall continue in full effect and not be subject to withdrawal during that period until a contract has been executed with a bidder If no contract has been executed within the 90 day period any bid may be withdrawn or nullified by either party or be deemed to be confirmed and extended in time for as long as permitted by the proposers thereof Bid Opening Bids received prior to date and time of bid opening will be securely kept unopened until specified time at which time all bids will be publicly opened and read aloud The City cannot be held responsible for the premature opening of any bid not properly marked as required in Invitation for Bids Correction of Mathematical Errors Where there is conflict between the unit bid price and the extension thereof made by the bidder the unit price will prevail Acceptance or Rejection of the Bids The City of St Petersburg reserves the right to accept or reject any or all bids Any bid which is incomplete conditional obscure or contains irregularities of any kind may at the City's discretion be considered irregular and may be cause for rejection of the bid Acceptance of the bid will not constitute acceptance or approval of equipment and/or materials and their acceptance for use in the project will be based upon shop drawings and other submittals Failure to meet the requirements will render the bid non responsive Disqualification of Bidders Each bidder by submitting his bid states that neither he nor his agents nor any other party for him has paid or agreed to pay directly or indirectly to any person firm corporation or employee of the City any money or valuable consideration for assistance in procunng or attempting to procure the contract herein referred to and further agrees that no such money or reward will be hereafter paid A bid will be rejected if the contractor s references as listed in the vendor questionnaire do not confirm that the contractor can perform the work required does not have adequate resources or does not possess the required experience Any or all bids 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 bids for the same work Revised by Addendum No 1 50 Bid No 6242 Special Conditions Right to Waive Informalities The City reserved the right to waive any and all informalities or irregularities or to clarify contract terms with the lowest responsible bidder and to disregard all nonconforming nonresponsive or conditional bids if such a waiver is in the best interest of the City Award of Contract Contracts will be awarded_to the lowest responsible responsive and qualified bidder The cntena to determine the lowest responsible responsive and qualified bidder shall include 1 Price 2 Compliance with specifications 3 Financial ability to perform the contract 4 Integrity trustworthiness and honesty 5 Skill judgement and experience 6 Promptness whether the contract can be performed within the required time or without delay 7 Performance of previous satisfactory work including the fulfillment of warranties 8 Availability of the necessary facilities and equipment to perform the work 9 Special factors such as compliance with laws and ordinances relating to the contract In awarding any contract the City Council may reject any bid determined by the City Council not be the City s best bid The City may award individual contracts for each group or more than one group to a single bidder Bidders may bid all or individual groups but are required to bid all items in each group The contract may be awarded by group or total whichever is in the best interest of the City Non exclusive Contract Award of this contract shall impose no obligation on the City to utilize the vendor for all goods of this type which may develop during the contract period This is not an exclusive contract The City — specifically reserves the right to concurrently contract with other companies for similar items if it deems such action to be in the City s best interest Response Time The contractor shall respond within 21 days to all requests for regular service(s) The contractor may be required to do emergency repairs at times other than normal working hours a The contractor shall respond within 72 hours to all requests for emergency service(s) Failure to respond to a service call within the designated time shall be considered valid reason for Revised by Addendum No 1 51 Bid No 6242 Special Conditions termination of the contract In the event that the contractor shall not comply within the stated response times (regular or emergency) the City reserves the right to call any qualified contractor to make the necessary repairs The contractor shall pay the City for any additional charges over their standard rates for this service City Responsibility The Water Resources Department will be responsible for notifying the vendor when services are required and for providing the location and address k The City will be responsible for providing access to the work site Site Inspection Before an award is made the City may make a site inspection to the Contractor to inspect his equipment The City also reserves the right to made additional site inspections at any time during the contractor Liens Neither the final payment nor any part of the retained percentage shall become due until the contractor shall deliver to the City a complete release of all liens ansing out this contract or receipts in full in lieu thereof The contractor shall furnish an affidavit that so far as he has knowledge or information the releases and receipts include all the labor and matenals for which a lien could be filed The contractor may if a subcontractor refuses to furnish release or receipt in full furnish a bond satisfactory to the City to indemnify the City against loss due to any such lien or liens If any hen remains unsatisfied after all payments are made the contractor shall refund the City all monies that the latter may be compelled to pay in discharging such hens including all costs and attorney s fees Insurance Requirements The City of St Petersburg has the following minimum requirements for insurance coverage while on City owned property 1 A Commercial General Liability (CGL) in occurrence form wntten by a firm that is authorized to conduct business in the State of Florida and recognized by the State of Florida Insurance Department Insurance company must have at least an A rating from A M Best or a similar rating service 2 Minimum Limits A $1 000 000 per occurrence B $2 000 000 per aggregate ($1 000 000 at minimum) C Products Completed Operations included D $100 000 Fire Damage E $5 000 Medical Payments 3 Workers Compensation and Employers Liability Revised by Addendum No 1 52 ; Bid No 6242 Special Conditions A Per State of Florida Statutory requirements 44 B $100 000 each accident $100 000 per employee for disease and for all diseases 4 Automobile Liability A $1 000 000 Combined Single Limit 5 All Policies Must include the City of St Petersburg its officers agents employees and volunteers as—Additional Insured -under -the liability policies All contractors shall hold the City harmless from any actions brought against the contractor due to negligence omission or wrongdoing of the contractor or any of its representatives All coverages/certificates are to be in effect during the time the contractor is working on the City s premises and must be provided to the Purchasing Department prior to the date the work begins Certificates of Insurance shall be executed on a standard ACORD form Licenses and Permits Services performed for the City will require licenses and permits in the same manner as pnvate construction projects within the City The contractor shall secure at his expense all licenses and permits (including impact fees) and shall comply with all applicable laws regulations and codes as required by the State of Flonda or by the City of St Petersburg Permit fees for general construction grounds improvement and electrical plumbing mechanical and gas work are on file at the Construction Services and Permitting Division 1st Floor Municipal Services Center One 4th Street North St Petersburg Florida 33701 727 893 7231 The contractor and/or equipment supplier must fully comply with all federal and state laws county and municipal ordinances and regulations in any manner affecting the prosecution of the work The vendor will state his occupational license number and expiration date on the attached Vendor Questionnaire Performance The contractor will be responsible for performing the work necessary to meet City standards in a safe neat and good workmanlike manner using only generally accepted methods in carrying out the work and complying with all federal and state laws and all ordinances and codes of the City relating to such work Damage The contractor shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work Should any public or pnvate property be damaged or destroyed the contractor at his expense shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time (Not to exceed one month from date damage was done ) Utilities Prior to construction the contractor shall familiarize himself with the location of all existing utilities and facilities within the work sites Should damage or structural weakening occur to such items Revised by Addendum No 1 53 A Bid No 6242 Special Conditions through negligence on the part of the contractor immediate corrective measures shall be taken by and at the expense of the contractor as directed by the City Responsibility for Work Until the acceptance of the work by the City it shall be under the charge and care of the contractor and -he shall take every necessary precaution against injury-ordamagelo any part thereof by action of the elements or from any other cause whatsoever arising from the execution or nonexecution of the work The contractor shall rebuild repair and make good at his own expense all injuries or damages to any portion of the work occasioned by any cause before its completion and acceptance by the City Examination of Work The City shall be furnished with every means to venfy whether or not the materials and work are in accordance with the requirements and intent of these specifications Failure to reject or condemn defective work at the time it is done will not prevent its rejection whenever it is discovered before the project is finally approved and accepted Contractor to be Represented The Contractor at all times must either be personally present at the worksite or be represented at the worksite by a responsible agent or agents designated by the Contractor in wntten notice to the City pnor to the beginning of work Such notification shall include pertinent data such as addresses phone numbers etc where said agent or agents may be contacted at any time of the day or night The agent or agents shall be clothed with full authority to act for the Contractor in all cases and to carry out any instructions relative to the work may be given by the City Public Convenience and Safety The Contractor shall conduct his work so as to interfere as little as possible with private business or public travel He shall at his own expense whenever necessary or required maintain barricades maintain lights and take such other precautions as may be necessary to protect life and property and he shall be liable for all damages occasioned in any way by his actions or neglect or that of his agents or employees The Contractor shall meet the following noise abatement performance standards for all construction equipment Between the hours of 7 00 A M and 6 00 P M noise levels shall not exceed 80 dBA at the nearest residential or commercial property line Operation of equipment should be avoided between the hours of 6 00 P M and 7 00 A M but if required the noise level shall not exceed 65 dBA Use of Premises The Contractor shall confine his equipment apparatus the storage of materials and the operation of his workmen to the limits indicated by law ordinances permits or direction of the project manager and shall not unreasonably encumber the premises with his materials The Contractor shall take all measures necessary to protect his own materials Revised by Addendum No 1 54 Bid No 6242 Special Conditions Purchase Orders A blanket purchase order will be issued by the Purchasing and Materials Management Department for the term of the contract Requests for sanitary sewer cleaning services will be placed by the using department on an as needed basis The using department will furnish the Contractor with a blanket purchase order number blanket purchase order release number name of department name of person placing the order date of request and description of services Acknowledgment Within 10 work days of receipt of the blanket purchase order the Contractor shall submit to the City an Acknowledgment of Order' form Instructions to Contractors After receiving a request for service the Contractor must 1 Provide service and ensure that a copy of the invoice or other documentation including prices is provided to Water Resources Department 2 Prepare an invoice in duplicate The invoice should include the following blanket purchase order number blanket purchase order release number including the Water Resources Department the name of the person placing the order date of service description of service number of hours worked hourly rate cost of material extension(s) and total At the end of each billing period the Contractor will submit to the Water Resources Department a statement listing all of the invoice numbers and dates accompanied by original invoices Billing 1 The Contractor shall bill the City monthly 2 All bills shall be in duplicate and shall be accompanied by a statement summanzing all transactions for the month 3 The Contractor must inform the Purchasing Department of his billing cycle with respect to monthly cut off date 4 Contractor must furnish a copy of the correct priced invoice in accordance with the prices at the time and place of seance 5 All invoices must show hours worked labor rate and cost of material 6 Payment will be based on measurement and payment as described in this Bid Instructions to the User Department Upon completion of service from the Contractor the user department must 1 Inspect the service rendered Revised by Addendum No 1 55 4 Bid No 6242 Special Conditions 2 Verify the accuracy of the invoice 3 Note any discrepancies on the invoice At the end of each monthly billing period the Water Resources Department must 1 Prepare a report of partial payment including the following summary information blanket purchase order number invoice number(s) total of each invoice and total 2 Attach the invoice(s) to the partial receiving report and forward them to -the Accounting Department Correcting Discrepancies Discrepancies must be adjusted by the user department Services that are to be rejected will be crossed off the invoice to ensure that only acceptable services are paid for Rejected services will be either canceled by the user department or corrected Payment The Contractor upon completion of the work at each job site will submit an invoice in duplicate to the Water Resources Department for services rendered and accepted less deductions if any Payment will be made on partial services accepted by the City Cash Discounts In connection with any cash discount offered time will be computed from date of service at destination or from the date the correct invoice is received in the Water Resources Department Payment is deemed to be made for the purpose of earning the discount on the date of marling of the City check Taxes The City of St Petersburg is exempt from any taxes imposed by the State and/or Federal Government Exemption certificates will be provided upon request Termination of Contract The City of St Petersburg reserves the right to terminate this contract with 60 days written notice rf 1 The Contractor is determined by the City to be in breach of any of the terms and conditions of the contract 2 The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience or 3 Funds are not available for this service The City s obligation is contingent upon the availability of appropriate funds Revised by Addendum No 1 56 Bid No 6242 w Special Conditions Compliance with Orders and Laws A P Bidders Contractors and concessionaires shall comply with all local state and federal directives orders and laws as applicable to this bid and subsequent contracts including but not limited to 1 Executive Order 11246 which prohibits discrimination against any employee applicant or client because of -race -creed—color—national origin—sex or age with regard to but not— limited to the following employment practices rate of pay or other compensation methods and training selection 2 Occupational Safety and Health Act (OSHA) 3 The State of Florida Statutes Section 287 133(3) (A) on Public Entity Crimes Non compliance with all local state and federal directives orders and laws may be considered grounds for termination of contract(s) Inspections All work will be inspected and approved by the City project manager before payment is issued All work will be inspected by the City Construction Services and Permitting Division when applicable Public Entity Crimes A person or affiliate who has been placed on the convicted Contractor list following a conviction for a 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 Contractor list Disputes and Complaints All complaints or grievances should be first submitted orally or in writing to the Director of Purchasing and Materials Management who will take prompt remedial action The Director of Purchasing and Materials Management shall investigate the validity of the complaint and present the findings in writing to the Contractor If_the Contractor is dissatisfied with the Director of Purchasing and Materials Management s remedies he may then make an appeal to the Mayor Revised by Addendum No 1 57/ I c SUIRallii 11111111011111111 Milk zAllgen 4. Date November 21 2003 Bid No — 6242 1 INVITATION FOR BID CIT1 Of' ST PLTERSBURG POST OFFICE Box 2842 ST PETERSBURG FLORIOa a3731 2842 WEB Sat wwwslpele ag CHANNEL 35 WSP 71, TELEPHONE 727 893 7171 A pre bid conference will be held by the Purchasing and Materials Management Director in Conference Room 500 at the Municipal Services Center One 4th Street North 5th floor St Petersburg Florida on 11 00 a m Thursday December 11 2003 at which time the requirements for sanitary sewer cleaning will be discussed Sealed bids will be received by the Purchasing and Matenals Management Director at his office located at the Municipal Services Center 5th Floor One 4th Street North St Petersburg Florida (mailing address P 0 Box 2842 St Petersburg Florida 33731) until 3 00 p m Tuesday December 23 2003 at which time bids received will be publicly opened and read aloud for 913 81 Annual Contract for Sanitary Sewer Cleaning Enclosed with the Instructions to Bidders and General Conditions is the Invitation for Bid If you are interested in bidding please complete the Invitation for Bid forms and return to this office by the date indicated Bids must conform to the Specifications and Instructions to Bidders Bids must be returned on the forms provided and in the enclosed envelope Nonconformance with these instructions is grounds for rejection of bid The City reserves the right to reject any and all bids and to waive minor informalities All questions regarding this Invitation for Bid must be submitted in writing to the procurement analyst listed below Cut off for questions is Noon Friday December 12 2003 Late bids will be rejected Louis Moore CPPO Director Purchasing and Materials Management LM dre Attachments Inqu►r,es Eric S Meserve CPPB Procurement Analyst 727 893 7026 E Mail eric meserve@stpete org STATEMENT OF NO BID NOTE If you do not intend to submit a bid on this commodity or service please return this form immediately Purchasing Department City of St—Petersburg P 0 Box 2842 St Petersburg FL 33731 We the undersigned have declined to submit a bid on your Bid No 6242 for 913 81 Annual Contract for Sanitary Sewer Cleaning for the following reasons Specifications too tight i e geared toward one brand or manufacturer only (explain below) Insufficient time to respond to the Invitation for Bid We do not offer this product or service please remove the commodity code(s) off our vendor entry Our schedule would not permit us to perform We are unable to meet specifications We are unable to meet bond requirements Specifications are unclear (explain below) We are unable to meet insurance requirements Remove us from your bidders list entirely Other (specify below) Remarks We understand that if this statement is not completed and returned our company may be deleted from the City of St Petersburg bidders list for this commodity or service Firm Contact Person Address E mail Address Website Telephone No ( ) Signature Fax No ( ) Date CONTRACT PRICING (This is not an order) CITY OF ST PETERSBURG _._.._Date November 21 2003 Procurement Analyst Eric S Meserve CPPB Bld No 6242 Telephone 727 893 7026 Please quote on this form(s) net paces for the item(s) listed below Return signed-onginal and retain a copy for your files Pnces should include all costs including transportation to destination The City reserves the right to accept or reject all or any part of this bid Prices should be firm for a minimum of 90 days Reference to manufacturers names or catalog numbers are for identification only If altemates are quoted complete information must be given In the event of errors in extension of totals the unit prices shall govem in determining the quoted paces Bids must be received by 3 00 p m Tuesday December 23 2003 913 81 Annual Contract for Sanitary Sewer Cleaning We have read your Invitation for Bid completed the necessary documents and propose to furnish and deliver F 0 B destination the items specified herein Service will be made within days after receipt of service request Terms 2 / 10 Days Net 30 Days Contact Person/Telephone / Cooperative Purchasing We agree to sell the items on this contract to any member of the Cooperative Purchasing Program A negative reply will not adversely affect consideration of your proposal except in the cases of tie bids where all other factors are equal All delivenes are to be F 0 B destination Yes No Small or Disadvantaged Business My firm has been certified as a Small or Disadvantaged Business with the City of St Petersburg and the affidavit has been completed and attached Yes No All exceptions to this bid have been documented in the section below Exceptions Firm s Name Comments Address Telephone Fax Name & Title E Mad Panted 11/18/2003 CITY OF ST PETERSBURG INVITATION FOR BIOS Page 1 of 4 Bid Number 6242 Bidder Sanitary Sewer Cleaning Item Nbr Commodity/Description Quantity Unit Price Total Sanitary Sewer Cleaning Group I i1 000----913 81 - --- _ 4500 00 LFT 8 pipe diameter cleaning 2 000 913 81 3750 00 LFT 10 pipe diameter cleaning 3 000 913 81 3210 00 LFT 12 pipe diameter cleaning 4 000 913 81 2800 00 LFT 15 pipe diameter cleaning 5 000 913 81 14260 00 LFT Television Inspection Sanitary Sewer Cleaning Group II 6 000 913 81 10500 00 LFT $ $ 18 pipe diameter cleaning 7 000 913 81 2173 00 LFT $ $ 21 pipe diameter cleaning 8 000 913 81 2805 00 LFT $ $ 24 pipe diameter cleaning 9 000 913 81 700 00 LFT $ $ 27 pipe diameter cleaning 10 000 913 81 16178 00 LFT $ $ Television Inspection Sanitary Sewer Cleaning Group III 11 000 913 81 6330 00 LFT $ 30 pipe diameter cleaning 12 000 913 81 2310 00 LFT $ 36 pipe diameter cleaning 13 000 913 81 225 00 LFT $ 42 pipe diameter cleaning 14000 91381 115500LFT 48 pipe diameter cleaning Printed 11/18/2003 CITY OF ST PETERSBURG INVITATION FOR BIDS Page 2 of 4 Bid Number 6242 Bidder Sanitary Sewer Cleaning Item Nbr Commodity/Description Quantity Unit Price Total 15 000 913 81 54 pipe diameter cleaning -- 240 00 LFT $ $ 16 000 913 81 10260 00 LFT Television Inspection Sanitary Sewer Cleaning Group IV 17 000 913 81 Pump Around Pumping of Sewage Set Up where authorized to facilitate TV inspection Tess than 1.2 sewers 18 000 913 81 Pump Around Pumping of Sewage Set Up where authorized to facilitate TV inspection in 12 through 26 sewers 19 000 913 81 Pump Around Pumping of Sewage Set Up where authonzed to facilitate TV inspection larger than 26 through 42 sewers 20 000 913 81 Pump Around Pumping of Sewage Set Up where authonzed to facilitate TV inspection larger than 42 through 54 sewers 21 000 913 81 Pump Around Pumping of Sewage Operation where authorized to facilitate TV inspection Tess than 12 sewers 22 000 913 81 Pump Around Pumping of Sewage Operation where authorized to facilitate TV inspection in 12 through 26 sewers 23 000 913 81 Pump Around Pumping of Sewage Operation where authorized to facilitate TV inspection larger than 26 through 42 sewers 24 000 913 81 Pump Around Pumping of Sewage Operation where authonzed to facilitate TV inspection larger than 42 through 54 sewers Sanitary Sewer Cleaning Group V 1000 EA 1000 EA 1000 EA $ $ 1000 EA $ 10 00 DAY $ 10 00 DAY $ 10 00 DAY $ 1000 DAY $ For Specialty Cleaning Sewers 25 000 913 81 1000 00 LFT $ $ Specialty Cleaning sewer mains of 8 sections Printed 11/18/2003 Bid Number 6242 Sanitary Sewer Cleaning CITY OF ST PETERSBURG INVITATION FOR BIDS Page 3 of 4 Bidder Item Nbr Commodity/Description 26 000 913 81 —27 000 28 000 29 000 30 000 31 000 32 000 33 000 34 000 35 000 36 000 37 000 Specialty Cleaning sewer 91381 Specialty Cleaning sewer mains of 10 sectionb mains of 12 sections 913 81 Specialty Cleaning sewer mains of 15 sections 913 81 Specialty Cleaning sewer mains of 18 sections 913 81 Specialty Cleaning sewer mains of 21 sections 913 81 Specialty Cleaning sewer mains of 24 sections 913 81 Specialty Cleaning sewer mains of 27 sections 913 81 Specialty Cleaning sewer mains of 30 sections 913 81 Specialty Cleaning sewer mains of 36 sections 913 81 Specialty Cleaning sewer mains of 42 sections 913 81 Specialty Cleaning sewer mains of 48 sections 913 81 Specialty Cleaning sewer mains of 54 sections Sealing Slip Lined Sewer Pipe at Terminal End of Manholes 38 000 913 81 Sealing Slip Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 8 sections 39 000 913 81 Sealing Slip Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 10 sections 40 000 913 81 Sealing Shp Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 12 sections 41 000 913 81 Sealing Slip Lined Sewer Pipe at Terminal End of — ni 1 c t nnc Quantity 1000 00 LFT 1000 00 LFT 1000 00 LFT 1000 00 LFT 1000 00 LFT 1000 00 LFT 1000 00 LFT 1000 00 LFT 1000 00 LFT 1000 00 LFT 1000 00 LFT 1000 00 LFT 1000 EA 1000 EA 1000 EA 1000 EA Unit Price $ Total $ $ Printed 11/18/2003 CITY OF ST PETERSBURG INVITATION FOR BIDS Page 4 of 4 d Number 6242 Bidder Sanitary Sewer Cleaning Item Nbr Commodity/Descnption Quantity Unit Price Total 42 000 913 81 10 00 EA $ $ v— - Sealing Slip Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 18 sections _ 43.000 913 81 10 00 EA $ $ Sealing Slip Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 21 sections 44 000 913 81 10 00 EA $ $ Sealing Slip Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 24 sections 45 000 913 81 10 00 EA $ $ Sealing Slip Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 27 sections 46 000 913 81 10 00 EA $ $ Sealing Shp Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 30 sections 47 000 913 81 10 00 EA $ $ Sealing Shp Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 36 sections 8 000 913 81 10 00 EA $ $ Sealing Slip Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 42 sections 49 000 913 81 10 00 EA $ $ Sealing Shp Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 48 sections 50 000 913 81 10 00 EA $ $ Sealing Slip Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 54 sections Total $ PERFORMANCE AND PAYMENT BOND Bond # (STATE OF FLORIDA ) (COUNTY OF ) (CITY OF ) KNOW ALL MEN BY THESE PRESENTS That we (hereinafter called the Principal ) (Company Name) located at ( ) (Principal Business Address) (Phone Number) and (hereinafter called the Surety' ) (Surety Name) located at ( ) (Pnncipal Business Address) (Phone Number) are held and firmly bound unto the City of St Petersburg Flonda (hereinafter called the City ) located at One 4th Street North St Petersburg FL 33701 phone (727) 893 7220 in the penal sum of for the payment of which we bind ourselves our heirs executors administrators successors and assigns for the faithful performance of a certain written contract dated the day of 20_ entered into between the Principal and the City of St Petersburg Florida for Commodity and Description Bid No a copy of which said Contract is made a part hereof as if fully copied herein The project is located at the Municipal Service Center One 4th Street North St Petersburg FL And consist generally but not by way of limitation of the following NOW THEREFORE THE CONDITIONS of this obligation are such that if the Principal shall in all respects comply with the terms and conditions of said Contract including the one year guarantee and his obligations thereunder including the contract documents (which include the Advertisement for Bids Instructions to Bidders Execution of the Contract General Conditions Technical Specifications Plans Addenda Proposal Bid Bond Agreement Public Construction Bond and Certificates of Insurance) therein referred to and made a part thereof and such alterations as may be made in said Plans and Specifications as therein provided for and shall indemnify and save harmless the said Owner against and from all costs expenses damages injury or conduct want of care of skill negligence or default including patent infringements on the part of the said Principal agents or employees in the execution of performance of said contract including errors in the plans furnished by the Principal and further if such Contractor or Contractors shall promptly make payments to all persons supplying him them or it labor material and supplies used directly or indirectly by said Contractor Contractors Subcontractor or Subcontractors in the prosecution of the work provided for in said Contract this obligation shall be void otherwise the Principal and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Pnncipal would be entitled on the completion of the Contract and that which the Owner may be obliged to pay for the completion of said work by the contractor or otherwise and any damages direct or indirect or consequential which the said Owner may sustain on account of such work or on account of the failure of the said contractor to properly and in all things keep and execute all the provisions of said Contract Performance and Payment Bond Page 2 This bond is meant to comply with all the requirements of F S A 255 05 and herewith incorporates all duties of a Surety required by such statute A claimant except a laborer who is not in privity with the contractor and who has not received payment for his labor materials or supplies shall within 45 days after beginning to furnish labor materials or supplies for the prosecution of the work furnish the contractor with a notice that he intends to look to the Public Construction Bond for protection A claimant who is not in _ __pnvtty with the Contractor and who has not received payment for his labor materials or supplies shall within 90 days after performance of the labor orafter complete delivery of the materials or supplies deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials --or supplies and of the nonpayment No action for the labor materials or supplies may be instituted against the Contractor or the Surety on the Public Construction Bond after one yearfrom the performance of the labor or completion of delivery of the materials or supplies And the said Principal and Surety hereby further bind themselves their successors executors administrators and assigns jointly and severally that they will amply and fully protect the said owner against and will pay any and all amounts damages costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work or of the repair or maintenance thereof or the manner of doing the same or the neglect of the said Principal or his agents or servants or the improper infringement of any patent rights by reason of the use of any material furnished or work done as aforesaid or otherwise And the said Principal and Surety hereby further bind themselves their successors heirs executors administrators and assigns jointly and severally to repay the Owner any sum to which the Owner may be compelled to pay because of any lien for labor or material furnished for the work embraced by said Contractor And the Surety for value received hereby stipulates and agrees that no change extension of time alteration or addition to the terms of the Contract or to the work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligations on this Public Construction Bond and it does hereby waive notice of any such change extension of time alternation or addition to the terms of the contract or to the work or to the specifications Performance and Payment Bond Page 3 IN TESTIMONY WHEREOF witness the hands and seals of the parties hereto this day of 20 (Company Name) By (Signature) (Print or Type Name/Title) SEAL ATTEST (Signature) (Corporate Secretary) SURETY NAME By Attorney in Fact (Pnnt Name/Title) SEAL WITNESSETH APPROVED AS TO FORM City Attorney (designee) By Assistant City Attorney Performance and Payment Bond Page 4 (Acknowledgment of Contractor, if a Corporation) —(STATE OF EL BIDA) (COUNTY OF ) (CITY OF The foregoing instrument was acknowledged before me this day of 20 by (name and title of officer or agent) and of (name and title of officer or agent) (name of corporation a Corporation on behalf of the corporation he/she is (State of Corporation) personally known to me or has produced as identification (did/did not) The undersigned warrants that he/she is authorized by the Board of Directors of said to execute this Contract (name of corporation) NOTARY PUBLIC Sign Pnnt/Type SEAL Performance and Payment Bond Page 5 (Acknowledgment Surety, Where Executed by Attorney in Fact, as Agent) Form 1 (STATE OF FLORIDA)_ (COUNTY OF ) (CITY OF The foregoing instrument was acknowledged before me this day of 20 by (name of attorney in fact) as attorney in fact for (name of corporation) who is personally known to me or has produced (type of identification) as identification and take an oath and appeared before me at the time of notarization He/She is duly authorized under and by virtue of a power of attorney from said corporation a copy of which is attached hereto to execute this Contract (did/did not) NOTARY PUBLIC Sign PnntlType SEAL NOTE If this bond is executed by an officer or officers of the Surety and countersigned by a Florida agent use (Form 2) and (Form 3) Performance and Payment Bond Page 6 (STATE OF FLORIDA) (COUNTY OF— -- (Acknowledgment of Surety) Form 2 (CITY OF The foregoing instrument was acknowledged pursuant to authority lawfully conferred upon them by the Board of Directors of said corporation before me this day of 20_ by (Name and Title of Officer or Agent) and (Name and Title of Officer or Agent) of a (Name of Corporation) (State of Incorporation) Corporation on behalf of the corporation He/she is personally known to me or has produced as identification and appeared before me at the time of (Type of Identification) notarization NOTARY PUBLIC Sign Print/ Type SEAL Performance and Payment Bond Page 7 (Acknowledgment of Countersigning by Local Resident Producing Agent or Surety) (STATE OF FLORIDA) �(COUNW OF — -- (CITY OF Form 3 On this day of 20_ before me the undersigned authority personally appeared personally known to me or has produced who countersigned the foregoing instrument as local resident (Type of Identification) producing agent for a (Name of Corporation) corporation and who acknowledged the countersigning of such (State of Incorporation) instrument as such local resident producing agent for and on behalf of said corporation for the uses and purposes therein expressed and that he/she was thereunto duly authonzed under and by virtue of a power of .attorney for said corporation and that the seal affixed thereto by the said Flonda Agent he/she being thereunto duly authorized NOTARY PUBLIC Sign Pnnt/type SEAL CONSTRUCTION AGREEMENT THIS AGREEMENT made and entered into on the day of 20 by and between (herein referred to as the Contractor ) and the City of St Petersburg Florida (herein referred to as the City ) WITNESSETH NOW THEREFORE in consideration of the promises and covenants contained herein the parties agree as follows 1 Contractor Duties That the Contractor shall furnish all material and perform all of the work for for the City of St Petersburg Flonda and in full and complete accordance as provided by the following enumerated documents ( Contract Documents ) which are incorporated herein by reference and made a part hereof as if fully setout herein Invitation for Bid No dated ( Exhibit A ) The Contractors Bid dated ( Exhibit B ) Drawings Certificate of Insurance Bid Bond Public Construction Bond This instrument and any changes to the foregoing documents agreed to by the parties hereto 2 Term That the Contractor proposes and agrees to commence work under this Contract approximately 2000 and to fully complete all work under this Contract by 2000 3 Payment The City hereby agrees to pay at the time and in the manner set forth in the specifications to the Contractor for the faithful performance of this Agreement subject to additions and deductions as provided in the specifications or Bid in lawful money of the United States the price set for in the Bid ($ ) heretofore submitted to the City by the Contractor a copy of said Bid being a part of these Contract Documents Construction Agreement Page 2 4 Liquidated Damages Time is of the essence in this Contract and in the event that the work is not —completed within the time stipulated itis further agreed that from the compensation otherwise to be paid to the Contractor the City may retain the -amount -specified in the Special Conditions Liquidated Damages for each calendar day that the work remains incomplete -beyond the time_ limit which sum shall represent the actual damages which the City will have sustained per day by failure of the Contractor to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the City party will have sustained in event of such default by Contractor 5 Public Construction Bond If at any time after the execution of said Agreement and the Public Construction Bond hereto attached for its faithful performance the City shall deem the Surety or sureties upon such Public Construction Bond to be unsatisfactory or if for any reason such bond ceases to be adequate to cover the performance of the work the Contractor shall at its expense within 10 days after the receipt of notice from the City to do so furnish an additional bond or bonds in such form and amount and with such Surety or sureties as shall be satisfactory to the City In such event no further payment to the Contractor shall be deemed to be due under the Agreement until such new or additional security for the faithful performance of the work shall be furnished in a manner and form satisfactory to the City 6 Guarantee of Work Upon completion of the work to be accomplished under this Contract in accordance with the Plans and Specifications and accepted by the City of St Petersburg the Contractor together with his Surety shall fully and unconditionally guarantee for a period of not less than two years from date of final acceptance of work by the City all materials and labor (workmanship) incorporated in this project (This guarantee shall be exclusive of any manufacturer s guarantees or warranties exceeding this period) 7 Severability In the event that any provision or portion hereof of any Contract Document shall be found to be invalid or unenforceable then such provisions or portion thereof shall be performed in accordance with the applicable laws The invalidity or unenforceability of any provision or portion of any Contract Document shall not affect the validity or enforceability of any other provision or portion of the Contract Documents 8 Warranty of Parties Each party to this Agreement represents and warrants to the other parties that (i) they are duly organized qualified and existing entities under the laws of the State of Florida and (ii) all appropriate authority exists so as to duly authorize the persons executing this Agreement to so execute the same fully bind the parties on whose behalf they are executing Construction Agreement Page 3 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written Company Name By (Signature) (Please Print or Type Name) (Title) CITY OF ST PETERSBURG FLORIDA By Louis Moore CPPO Director Purchasing and Materials Management ATTEST Secretary of Corporation SEAL ATTEST City Clerk PROVISIONS OF CONTRACT APPROVED Project Manager Title Date APPROVED AS TO FORM City Attorney (designee) By Assistant City Attorney Construction Agreement Page 4 (Acknowledgment of Contractor if a Corporation) State of- - — ) County of ) ss City of ) The foregoing instrument was acknowledged before me this day of 20_ by - of a (Name and Title of Officer or Agent) (Name of Corporation) corporation on behalf of the corporation He/she is personally (State of Incorporation) known to me or has produced as identification and (Type of Identification) appeared before me at the time of notarization NOTARY PUBLIC Sign Pnnt SEAL Vendor Questionnaire Firm s Name Address Telephone Fax Name & Title E Mail Authorized Signature Website This questionnaire must be completely filled out and returned as part of your bid Failure to do so may result in disqualifica ion of your bid Evaluation of this questionnaire may be a prime factor in the award of this contract 1 How long has your firm been in business? 2 Net worth of your firm? 3 How many employees do you have on your present payroll? 4 How many employees will be assigned to this project? 5 What are their qualifications experience and certification for these services? 6 Who will be supervising the work to be performed under this contract and what is the person s experience (years of experience certification qualifications etc ) Bid No 6242 Vendor Questionnaire 7— —How many and what types_of_equ►pmenttools and vehicles will be assigned to this project? 8 If you do not own this equipment how do you propose to acquire it? 9 If the event of equipment failure what and who are your resources for back up? 10 Have you ever had a contract terminated or been sued for non performance? If yes please explain Bid No 6242 Vendor Questionnaire 11 What warranties expressed or implied will be in effect (Explain in detail ) 12 Provide the name and rating of your Surety company that you will use for this project 13 Occupational License No Expiration Date 14 List any subcontractors your firm may utilize 15 List at least three similar projects you have completed within the past two years (Do not use the City of St Petersburg as a reference ) Firm Name Address Contact Person/Telephone Contract Requirements General Scope of Work The contractor shall provide for routine maintenance cleaning of the sanitary sewer system remove the debris (and dispose of in a satisfactory manner) which is preventing the designed flow of the pipe prevent blockages and restore the sewer to near full capacity and self scouring velocity Submittals The contractor shall submit information on personnel and equipment assigned to the cleaning work and submit information on all types of process that will be used for cleaning No cleaning shall commence until these submittals have been approved by the City of St Petersburg Execution Cleaning and Dewatering AH hnes less than 48 in diameter shall be dewatered for cleaning and inspection purposes Lines 48 and larger in diameter may be cleaned without dewatering only when the City agrees that dewatenng is not feasible Each exception to the dewatering requirement shall be considered on a case by case basis The contractor will assume dewatering is required for bidding purposes On the pricing pages provide a discount percentage for when dewatering is not required Cleaning All necessary precautions are to be taken to protect the sewer lines from damage resulting from the cleaning process Reimbursement for damage to the sewer or damage due to flooding of private or public property as a result of the cleaning work shall be the responsibility of the contractor General The Contractor shall furnish all material labor and equipment required to clean the pipelines as specified herein complete with all appurtenances and accessories as shown or specified The cleaning work required includes but is not limited to the following 1 Field locating all manholes along the sewer reaches to be cleaned 2 Maintaining and protecting of both vehicular and pedestrian traffic and meeting all requirements of the City and all other governmental agencies having jurisdiction 3 Cleaning of existing sanitary sewers as hereinafter specified to permit proper television inspection and rehabilitation techniques 4 Disposal of waste and sediment as specified herein 5 Removal of roots as specified herein 6 Cleaning up as the work progresses and after the completion of all work activities and 7 All other work required for the complete and satisfactory cleaning of the pipeline Bid No 6242 Contract Requirements Requirements The Contractor shall be aware that this Contract requires work in active sewer manholes and shall follow all Federal State and local requirements for safety when in confined spaces The Contractor shall be required to conform with all guidelines by the Occupational Safety and Health Administration(OSHA) Federal Regulations 29 CFR Ch -XVII Section 1910 146 Confined Space Entry Contractor shall have experience in the cleaning of vitreous clay and concrete pipe sewers for -a -- minimum of two years prior to the start of this work Documentation of experience shall be furnished to the Engineer upon request Take precautions to protect sewer mains and manholes from damage that might be inflicted by the improper selection of the cleaning process or improper use of the equipment When using hydraulically propelled devices take precautions to ensure that the water pressure created does not cause damage or flooding to public or private property Do not surcharge the sewer beyond the elevation that could cause overflow of sewage into area waterways homes or buildings or onto the ground Submittals Submit the following to Engineer for review Plan for disposal of debris and sediment removed from the sewer lines specifications of the sewer cleaning equipment to be used on the job and specifications on the equipment to be used to remove sediment and debris at the downstream manhole of each reach to be cleaned Contractor shall coordinate dumpsite with the City as specified herein Manufacturer s literature written instructions and written recommendati ons regarding use method of application dosage mixing and safety precautions for chemical root treatment shall be submitted to the Engineer for review and approval Products A Cleaning Equipment 1 All sewers shall be cleaned with truck mounted high velocity hydro cleaning equipment No mechanical bucket machinery will be acceptable for the cleaning process The equipment shall be provided with a minimum of 500 ft of one inch ID high pressure hose with a selection of high velocity nozzles as required for the cleaning and heavy cleaning operation The sewer cleaner shall have a minimum usable water capacity of 1000 gal The pumps shall be capable of delivenng a minimum 60 gpm at 3000 psi Pressure to the nozzle shall be regulated by a relief valve adjustable from 0 to 1 500 psi minimum The nozzles shall produce a scouring action from 15 to 45 deg in all size sewers to be cleaned The equipment shall carry its own 1 000 gal water tank capable of holding corrosive caustic cleaning and sanitizing chemicals engines and pumps and a hydraulically driven hose reel The equipment shall also include a high velocity washing hose for ancillary cleaning of the walls and floor of the manhole The hose shall have an adjustable nozzle capable of producing flow from a fine spray to a solid stream All controls shall be located so that the equipment can be operated above ground During hydro cleaning the Contractor shall restrict the flow level in the pipe to a Bid No 6242 Contract Requirements maximum of 50 percent of the pipe diameter Particular care should be taken to avoid flooding house connections during hydro cleaning operations 2 The Contractor shall provide equipment capable of removing all sand dirt rocks and other debris from the sewer reach to allow unobstructed remote television internal inspection of aII internal surfaces - — - 3 The Contractor shall certify that backup cleaning equipment including machines devices tools etc is available and can be delivered to the site within 24 hours 4 Any blockages of lateral building connections resulting from the cleaning or other items of work shall be removed by cleaning of the building connection by the Contractor at his own expense Any damage caused by flood of lateral building connections shall be corrected by the Contractor at his own expense 5 Contractor shall provide all equipment capable of mechanically removing roots Devices shall include a root saw spring blade root cutter chuck or approved equal Execution A Cleaning After determining the preliminary requirements and the feasibility of effective video inspection the Contractor shall thoroughly clean all required pipeline reaches in order to permit an unrestricted inspection by closed circuit television Particular emphasis shall be afforded the removal of accumulated grease roots sand rocks bricks sludge and other debris so that the video inspection will show clearly all portions of the pipe being inspected Acceptance of pipeline cleaning shall be made upon the successful completion of the television inspection and shall be defined as removing sufficient material to ensure an effective rehabilitation of the pipeline to the satisfaction of the City If television inspection shows the cleaning to be unsatisfactory the Contractor shall be required to re clean and re inspect the pipeline at no additional cost to the City 2 The wastewater present in the sewer line may be utilized to provide necessary fluid for the cleaning devices The use of potable water from the municipal or private water system for sewer cleaning shall be permitted The use of reclaimed water will be permitted The charge for reclaimed water will be the current rate as designed in the Portable Water Meter contract terms and conditions from the Water Resources Department Any one time charge or other applicable fees shall be determined from the Portable Water Meter contract terms and conditions from the Water Resources Department The portable meter will be removed by the City at the contractor s request The contractor will be responsible for obtaining and hooking up the potable water meter at their expense An approved Reduced Pressure Zone type Backflow preventer shall be used to prevent contamination of the potable water system The Contractor is responsible'for any damage resulting from improper operation of hydrants Do not use or obstruct a fire hydrant when there is a fire in the area The Contractor shall not waste water from the public water supply because of improper connections or from hydrants left opened Bid No 6242 Contract Requirements 4 The Contractor shall remove all bricks rocks debris sludge dirt sand grease roots and other materials from the sewers shown in the work order and collect and remove the resulting debris from the downstream manholes of the sewer section being cleaned Passing waste material between manholes, causing line stoppages, accumulations of sand, or damage to the pumping equipment. shall not be permitted -When necessary -a dam trap armor and screen shall be temporarily installed in the downstream manhole in such manner that debris and solids -shall -be _trapped and retained for subsequent removal The contractor shall complete a WaterWorks Manhole Inspection - Form (Appendix A) when specified by the Watec_ _ Resources Department 5 Waste and debris cleaned from the sewers shall be removed at the downstream manhole by pumps or other means The discharge and drainage stream shall be retumed to the sewer and discharged downstream for disposal Under no circumstances shall sewage or solids be dumped onto the ground surface street or into ditches catch basins or storm drains All solids and semi solids resulting from the cleaning operations shall be removed from the site and taken to the Northeast Water Reclamation Facility 1160 62nd Avenue Northeast St Petersburg or Southwest Water Reclamation Facility 3800 54th Avenue South St Petersburg for dewatenng Only trucks bearing the proper City identification shall be used to haul matenal for disposal Contractor must remove and properly dispose of excess water from the waste prior to dewatering at the City's designated areas The Contractor is responsible for transporting the waste to the dewatenng site Subsequent to the dewatering process the City will remove the dried debns and dispose of it at the Pinellas County Resource Recovery Center 6 Where access to manholes in easements and nghts of way is required the Contractor will obtain permission from the homeowner for access for his equipment 7 Barricades and warning signs shall be used m work areas and around open manholes The Contractor shall furnish and maintain traffic controls and safety devices as required 8 Normal Cleaning consists of removing all debris including sludge dirt rocks sand rubble other deleterious materials and obstructions and requires a minimum of two passes The first pass shall be restncted to 800 psi at the nozzle head The second and subsequent passes shall be at 1200 psi Specialty cleaning consists of removing all heavy grease roots and tuberculation by use of special equipment such as a high pressure descaltng head root cutter or by other mechanical means approved by the City Damage to the sewer as a direct result of the cleaning method shall be the responsibility of the contractor 9 Employ satisfactory precautions to protect sewer line from damage that might be inflicted by improper use of cleaning equipment a Immediately notify Engineer if fresh soil pieces of pipe or other visible signs of potential problems occur during cleaning operation b Insure that water pressure created does not cause damage due to flooding of property being served by sewer section(s) involved Bid No 6242 Contract Requirements 10 The Contractor shall conform to the following requirements a Cleaning of upstream reaches of sewers shall be completed before the downstream reaches are cleaned Hydro cleaning equipment shall be -Inserted in the downstream manhole of_ the reach and the work shall proceed upstream and c Winching equipment Used shall not damage the existing pipelines Final Acceptance of Sewer Line Cleaning Acceptance of sewer line cleaning shall be made upon the successful review of the television inspection video CD or DVD by the City If inspection shows the cleaning to be unsatisfactory the Contractor shall be required to re clean and re inspect the sewer line until the cleaning is shown to be satisfactory Such re cleaning and re inspection shall be made at the Contractor s expense and no separate payment will be made therefore Removal of Debris Materials generated by the cleaning operation shall be removed at the upstream or downstream manhole of the section being cleaned Suitable traps or weirs shall be used to prevent the movement of solids to adjacent sections of pipe Waste materials and debris resulting from pipeline cleaning operations shall be removed drained and conveyed by the contractor to an approved temporary disposal site at the Southwest Wastewater Recovery Facility located at 3700 54th Avenue South St Petersburg FL or other site designated by the City The temporary disposal site will be accessible dunng the contractor s working hours All permits required shall be the responsibility of the contractor City shall haul waste matenal and debris for final disposal Disposal fees will be billed directly to the City and will be paid for by the City Under no circumstances shall sewage or solids removed from sewer lines be dumped onto the streets or into ditches catch basins or storm drains It shall not be necessary to stop the cleaning operation while the debns is transported to the disposal site Equipment The cleaning system shall utilize a device capable of dislodging sediments found in sewer lines without damaging the structural integrity of the pipe The cleaning device shall have sufficient power to force to move the debris commonly found in Targe diameter sewers to a manhole for extraction The cleaning method may maintain normal sewer flows during the cleaning process Solids shall be removed by pumping the debris to the surface The equipment shall decant or separate the water from the solids before it is transported to the disposal site Liquid decanted from the solids shall be returned to the sewer The sewer shall be deemed satisfactorily cleaned if there is < 5 / solids for pipes >18 and <1 / solids for pipes <18 The debris remaining in the sewer after cleaning shall not exceed 5 / of the pipe diameter i Bid No 6242 Contract Requirements Pump Around Pumping The Contractor shall be responsible for the control of wastewater flows through the collection system where Work is being performed No sewage shall be allowed to leave the approved collection system The Contractor shall submit a pump around pumping plan to the City for approval Under no circumstances can portions of the system be removed from service for periods of time in excess of that approved by the City The Contractor shall retain full responsibility for adequately and safely pumping existing sewage flow on a continuous basis as needed or as directed by the City The Contractor shall be responsible to assess conditions and capacities of existing sewer lines in order to implement an acceptable pump around pumping plan at no additional cost to the City The Contractor shall supply the necessary pumps conduits and other equipment to not only divert flow around the manhole or collection section in which Work is to be performed but also to transmit the flow in downstream sewer lines and/or pump stations without surcharge or overflow The pump around pumping systems shall be of sufficient capacity to handle existing flows plus additional flows that may occur dunng periods of high tide or rainfall The Contractor will be responsible for furnishing the necessary labor and supervision to set up and operate the pumping and pump around pumping systems When pumping is in operation all engines shall be equipped in a manner to keep the pump noise to a minimum and comply with the City Noise Ordinance The Contractor shall use quiet pumps when performing pump around pumping in residential areas and shall be in accordance with General Conditions section headed Noise Abatement The Contractor shall be responsible for any damage to properties or buildings connected to the sewer system and to the pipeline which result from the pump around pumping activities Spill Or Discharge Of Wastewater Or Reclaimed Water The City is currently under a Consent Order with the Flonda Department of Environmental Protection (FDEP) The discharge of wastewater or effluent (reclaimed water) into waters of the State and/or into canals ditches and ponds that are connected to waters of the State is prohibited Any spill or discharge of wastewater or reclaimed water shall be immediately reported to the Engineer the City s Wastewater Collection System Manager (892 5612) and the City s Emergency Dispatch Center (892 7761) and a Water Discharge Report Form (Appendix B) shall be completed In the event of a spill or discharge the Contractor shall immediately control contain and stop the spill or discharge and shall repair any damage to the City s facilities The Contractor shall be responsible for any penalties and costs charged to the City by the FDEP (cost schedule provided below) and for all costs incurred by the City as a result of the Contractor s actions or as a result of the Contractor s negligence Costs charged to the City by FDEP are for discharges that have been found not to be due to abnormal events and are therefore subject to stipulated penalties pursuant to Paragraph No 17 of Consent Order 97 0314 This paragraph requires the City to pay FDEP stipulated penalties for wastewater discharged from the City System to surface waters which do not qualify as excusable discharges In accordance with Paragraph 17 the stipulated penalty schedule is as follows Each category is limited to a daily cumulative maximum amount of $30 000 00 Bid No 6242 Contract Requirements D E P CONSENT ORDER FINE SCHEDULE Amount/Day/Discharge Discharge Volume $500 00 $1 000 00 $2 500 00 _ $5 000 00 $10 000 00 Up to 5 000 gallons 5 001 to 10 000 gallons 10 001 to 25 000 gallons 25 001 to 100 000 gallons In excess of 100 000 gallons The anticipated costs and fines which may be incurred by the City as a result of the Contractor s actions or negligence shall be paid to the City within 30 days or the costs incurred will be deducted from the total Project cost Work In Private Property In the event that in the opinion of the Contractor obtaining a temporary construction easement outside the limits of the public right of way of City owned property or of the easement(s) obtained by the City is necessary or desirable it shall be the sole responsibility of the Contractor to obtain such easement from the owner of the property If such easement is obtained by the Contractor it shall contain provision to hold the City harmless from any operations of the Contractor within the easement limits The Contractor shall not conduct construction operations on private property outside the limits of the public right of way of City owned property or of the easement(s) obtained by the City unless a copy of the Temporary Construction Easement Agreement is fled with the City Upon completion of Work in easements the Contractor shall restore the property including all fences or other structures disturbed by his operations as nearly as possible to the condition in which he found it Traffic Control The Contractor shall provide required traffic controls under City observation All traffic control devices required by Work under this contract shall be furnished and placed by the Contractor The Contractor shall notify the Transportation Operations Division of the Engineering Stormwater and Transportation Department a minimum of two (2) working days prior to any construction affecting traffic flow All traffic control devices utilized during construction shall be provided by the Contractor and meet the requirements set forth in the latest revision of U S Department of Transportation Federal Highway Administration s Uniform Traffic Control Devices for Streets and Highways and the Florida State Department of Transportation s Roadway and Traffic Design Standards Failure or refusal on the part of the Contractor to install maintain and/or position traffic control devices promptly fully and in an acceptable manner shall be sufficient cause for the City after 24 hour notice to perform the traffic control with its own organization or to contract with any other individual firm or corporation to perform the required traffic control All costs and expenses incurred thereby shall be charged against the defaulting Contractor and the amount thereof deducted from any money due or which may become due him or shall be charged against the Contract Bond Any Work performed as described by this paragraph shall not relieve the Contractor in any way of his responsibility for the Work performed by him The Contractor will conform to FDOT regulations for scheduling when working in FDOT roadways Bid No 6242 Contract Requirements Failure of the Contractor to comply with any of the above traffic control requirements may result in issuance of a stop work order until the violation is corrected CLOSED CIRCUIT TELEVISION INSPECTION --General The Contractor shall furnish and operate all necessary equipment for the television inspection of the previou1y cleaned sewer system Post cleaning TV inspection shall be video inspection by the Contractor of sewer lines following pipeline cleaning prior to any rehabilitation work Post cleaning TV work shall verify that the pipeline is clean and allow City to evaluate the condition of the sewer Post cleaning TV inspection also shall identify the location of service connections pipe defects and general condition of the pipeline as specified herein The inspections shall be done one sewer Zine section (i e manhole to manhole) at a time The Contractor shall be aware that this Contract requires work in active sewers and shall follow all federal state and local requirements for safety in confined spaces The Contractor shall be required to conform to all guidelines set forth by the Occupational Safety and Health Administration (OSHA) Submittals Submittals shall be in conformance with the requirements herein Submit the equipment manufacturer s guidelines to the City for review Strictly follow such instructions unless modified by the City Submit video and TV Inspection Reports to the Engineer for review Provide tapes CD s or other acceptable media of a quality sufficient for the City to evaluate the condition of the sewer locate the sewer service connections and verify cleaning If quality is not sufficient Contractor shall re televise the sewer segment and provide a new video and report at no additional cost to the City Camera distortions inadequate lighting dirty lens or blurred/hazy picture will be cause for refection of a video and rejection of the associated line segment Video(s) submitted become the property of the City Contractor shall maintain a master copy of all TV videos and TV Inspection Reports submitted until final acceptance of contract The post cleaning and post rehabilitation television inspection video shall not be edited Products A Television Equipment Closed Circuit TV Equipment Select and use closed circuit television equipment that will produce a color video 2 Pipe Inspection Camera The camera shall be a pan and tilt and radial viewing pipe inspection camera that pans a minimum of ± 275 degrees and rotates 360 degrees A slope indicator shall be included on the camera and accurately calibrated per the manufactures instructions for measurement of pipe slope Use a camera with an R Bid No 6242 Contract Requirements accurate footage counter which displays on the monitor the exact distance of the camera from the centerline of the starting manhole The camera will be capable of height adjustment so that the camera lens is always centered at one half the inside diameter or higher in the pipe being televised Lighting for the camera shall be suitable to allow a clean picture of the entire periphery of the pipe A reflector in frontnf the camera may be required to enhance lighting in dark or large diameter pipe The camera shall be operative in 100 percent humidity conditions The camera television monitor and other components of the video system shall be capable of producing -a minimum 500 line resolution colored video picture _Picture quality and definition shall be to the satisfaction of the City if unsatisfactory equipment shall be removed and no payment made for an unsatisfactory inspection 3 Video Video shall be recorded on VHS compact disk or digital format as required by the City a Only line segments from the same Work Area shall be included on the video b One or more line segments can be included on the same video as long as they are included in the same Work Area Contractor will not be permitted to start a portion of a televised segment on one video and finish on another c Media identification labels are required A label shall be placed on both the spine of the video tape and the outside face cover of the video with the following information d Identification Label 1 Contractor s name and Project Number 2 A unique Video Number in a format acceptable to the City 3 Date Televised 4 Date Submitted 5 Manhole ID # s for all pipe sections included on the video (In order) 4 The Contractor shall be required to provide with each video a City of St Petersburg TV Log Sheet (Appendix C) noting pipe defects service connections and general conditions in a format acceptable to the City as specified herein A sample TV Log Sheet is included at the end of this Section The Contractor shall also provide a detailed index of the contents contained on the video listed by the TV job number of the pipe segments in the order they were televised At a minimum the index shall include a Upstream Manhole Number b Downstream Manhole Number c Pipe Diameter d Pipe Length e Pipe Matenal f Street Name Bid No 6242 Contract Requirements Execution A Televising 1 Immediately after cleaning televise the sewer hne to document the condition of the line and to locate existing service connections — 2 Perform TV inspection of sewers as follows a Perform post cleaning TV inspection immediately after hne cleaning and before line rehabilitation work Before insertion of the camera into the sewer the camera shall record on video the upstream and downstream manhole pipe size specific location of the sewer and the direction in which the camera will be pulled The camera shall be moved through the line in either direction at a moderate rate stopping when necessary to permit proper documentation of the sewer s condition Maintain copies of video and reports for reference by the City for the duration of the contract b Collect post cleaning inspection video at each lateral for an extended period to better understand the flow from each individual lateral The camera shall be positioned at each lateral for a sufficient duration to determine the nature of flow and condition of the lateral (minimum of 30 seconds) Any pipeline (lateral investigation) inspection deemed unacceptable by the City shall be re televised by the Contractor at no additional cost to the City c Videos shall pan beginning and ending manholes to demonstrate that all debris has been removed Camera operator shall slowly pan each service connection clamped Joints and when pipe material transitions from one material to another A video inspection report shall be prepared by the Contractor for every segment that is CCTV inspected and the report shall be submitted to the City d Whenever non remote powered and controlled winches are used to pull the television camera through the line telephones radios or other suitable means of communication shall be set up between the operators positioned at the two manholes of the sewer hne being inspected to ensure that good communications exist between members of the crew e The accuracy of the measurements for location of defects service connections etc cannot be stressed too strongly Marking on cable or the like which would require interpolation for depth of manhole shall not be allowed Measurement meters shall be accurate to one tenth of a foot over the entire length of the sewer line section being inspected Pnor to recording the location of defect service connection etc slack in the cable of the television inspection camera shall be taken up to assure metering device is designating proper footage Accuracy of the measurement meters shall be checked daily by use of a walking meter roll a tape or other suitable device satisfactory to the City Bid No 6242 Contract Requirements Camera distortions inadequate lighting dirty lens or blurred/hazy picture will be cause for refection of a video and rejection of the associated line segment Any pipeline reach television inspection deemed unacceptable by the Engineer shall be re televised by the Contractor at no additional cost to the City Payment for televised inspection and sewer rehabilitation will not be made until Engineer approves the quality_of the video and logs g TV inspection video shall be continuous for pipe segments between manholes^Do not leave gaps m the video of a -segment between manholes and do not show a single segment on more than one video unless specifically allowed by the Engineer B Flow Control 1 Perform TV inspection on one pipeline at a time Adequately control the flow in the section being televised Do not exceed the depth of wastewater flow shown below Pipe Diameter (Inches) Depth of Flow (/ of Pipe Diameter) 6 10 10 12 24 15 If during TV inspection of a pipeline the wastewater flow depth exceeds the maximum allowable reduce the flow depth to an acceptable level by performing the TV inspection during minimum flow hours by diversion pumping or by pulling a camera with swab high velocity jet nozzle or other acceptable dewatenng device Video made while floating the camera is not acceptable unless approved by the Engineer 2 Minimize flow in the line while performing post cleaning TV inspection Divert the flow as specified in Contract Requirements sub headed Pump Around Pumping and clean the line to be inspected C Passage of TV Camera 1 Do not pull or propel the television camera through the line at a speed greater than 30 feet per minute 2 If during TV inspection of a pipeline the camera is unable to pass an obstruction even though flow is unobstructed televise the pipeline from the other direction (reverse setup) in order to obtain a complete video of the line Whenever such a condition arises notify the City to determine if an obstruction removal or point repair is necessary When the camera is being pulled from the other direction in order to survey on either side of an obstruction and a second repair location is encountered away from the first obstruction notify the City within 24 hours 11 Bid No 6242 Contract Requirements D TV Inspection Report 1 The Contractor shall be required to provide with each video a City of St Petersburg TV Log/Report Sheet with all applicable fields accurately completed including but not limited to date specific addressed location plat sheet project # unique TV video number TV job # type of right of way pipe type pipe size average manhole depth total pipe segment footage name of—TV technician—starting and -ending_ manhole identification number upstream (U) or downstream (D) manhole designation direction of flow and direction of measurement The contractor shall note all pipe defects service connections and general conditions in a format— acceptable to the City 2 The report shall be a written/narrated log of major pipe defects sags service connection locations and general conditions indexed to the footage counter E Field Quality Control 1 Contractor shall not allow under any circumstances sewage or solids removed in the cleaning process to be released onto streets or into ditches catch basins storm drains or storm sewer manholes or cleanouts 2 Acceptance of sewer cleaning work is contingent upon the successful completion of the in line closed circuit television inspection If the television inspection shows that debns solids sand grease or grit remains in the line the cleaning will be considered unsatisfactory The Contractor shall repeat cleaning and televising of the sewer line at his/her expense until cleaning is satisfactory Safety The contractor shall conduct his operations in strict accordance with all applicable Federal State and Local safety codes and statutes and shall be fully responsible and obligated to maintain procedures for the safety of the public as well as work personnel and equipment involved in the project MEASUREMENT AND PAYMENT Measurement The horizontal length of sanitary sewer cleaned and television inspection shall be the field measurement of the distance from center to center of the terminal manholes The inside diameter of the pipe will be the measured nominal diameter to the nearest inch The depth of debris in an unclean pipe will be defined as the average depth as field measured at the terminal manholes to the nearest 0 10 of an inch Depth measurements are to be made by the contractor with the City inspector present Payment The Cleaning Unit Price is defined as the pnce per foot for a 100 / debris filled pipe Payment for cleaning a partially filled pipe will be based on the computation of multiplying the length of pipe times the unit cleaning price times the average depth of debris divided by the diameter of the pipe 12 Bid No 6242 Contract Requirements Example 675 feet of 36 diameter pipe which has 8 of material at one manhole and 10 at the other Cleaning unit price of $75 00 per foot 675 x 75 00 x (8+10) x 1 =$1265625 2 36 Payment for television inspection shall be based on lineal feet of cleaned sewer pipe televised at the applicable pipe size group No additional payment will be made for televising pipes which are not deemed clean— Payment will be for the furnishing of all equipment labor materials transportation proper disposal and any other costs associated with the cleaning and televising of the sanitary sewers SEALING SLIP LINED SEWER PIPE AT TERMINAL ENDS OF MANHOLES Application Effectively seal the circumference of the annular space between the slip liner and the host pipe at the manhole connection Procedure 1 Remove all existing cement mortar and inspection ports from between the host pipe and the slip liner During the process if the contractor encounters abnormal amounts of infiltration he shall cease the removal of mortar and inject AV100 grouting material 2 Install new quick setting non shrink cementacious grout (QSR by Strongseal or approved equal) between the slip liner pipe and host pipe This will ensure that new material is packed a minimum of 18 back from the manhole wall 2 PVC injection ports shall be installed at the 12 0 clock position Gravity flow a cement slurry grout through the 2 injection ports to create a cement bulkhead between the slip liner and the host pipe The contractor shall ensure that no cement grout enters the pipeline during this process and shall be responsible for the removal of any excess material that enters the system 4 After the cement grout has cured the contractor shall inject AV100 Chemical Grout to provide a water impermeable barrier between the manhole and cement bulkhead to create an effective water seal at each end of the liner 5 The contractor shall warranty these seals for two years from the date of installation against water infiltration 13 General Conditions Definitions 1, 1 The following words and expressions shall wherever they appear in the Contract Documents be construed as follows -- Addenda _Written or graphic instruments issued prior to the opening of Bids which clarify correct or change the Contract Documents Agreement The written Agreement between the City and the Contractor The Agreement will be attached to and made a part of the Contract Documents Application for Payment The form issued by the Department which is to be used by Contractor in requesting a progress or final payment and which is to include such supporting documentation as is required by the Contract Documents Bed The offer of the Bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed Bidder Any person partnership corporation or any other legal entity submitting a Bid for the Work Bonds Bid Performance and Payment Bonds and other instruments of security furnished by the Contractor and its Surety in accordance with the Contract Documents Change Order A written order to the Contractor prepared by the City executed as required by the Contract Documents authorizing an addition deletion or revision in the Work or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement City Shall mean the City of St Petersburg Florida as represented by the City Council of said City acting by and through its authorized designees agents and employees Contractor The successful Bidder whether a corporation partnership individual or any combination thereof with whom the City has entered into the Agreement Contract Price The total monies payable by City to the Contractor under the Contract Documents Contract Time The number of calendar days stated in the Agreement for Completion of the Work and for performance of any allowance Work hereunder as amended by approved Change Order(s) The first day of the Contract Time is the Notice to Proceed Date shown in the Notice to Proceed Day One calendar day when used in the Contract Documents measured from midnight to the next midnight Defective An adjective which when modifying the Work refers to Work that is unsatisfactory faulty deficient or otherwise does not conform to the Contract Documents 14 Bid No 6242 General Conditions Department A noun which refers to the Department within the City that is administering the Project Director Shall refer to the Director of the Department Initiating and managing the Project Drawings The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by the Professional Equal/Equivalent- A product—service--component-or system -which is demonstrated to the satisfaction of the Professional to be equal to the product service component or system specified The Professional shall be the sole judge of acceptability of an equal Field Order A written direction to the Contractor from the Professional that modifies Drawings and Specifications without changing Contract Price or Contract Time Final Acceptance Acceptance of the Work by City as evidenced by signature of the Project Manager upon the Certificate of Final Completion form Final Acceptance shall be deemed to have taken place only if and when such signature is affixed to such certificate The Certificate of Final Completion shall be signed only after the Project Manager has assurance by tests inspection or otherwise that all of the provisions of the Contract Documents have been carried out Final Acceptance may also require inspection by certain regulatory agencies Nonconformance Report A written notice from the Project Manager or Professional to the Contractor reporting on an aspect of defective work which requires the immediate correction of same by the Contractor Notice A written notice Notice shall be served upon the Contractor either personally or by leaving the said notice at the residence or place of business or with the agent in charge of the Work or addressed to the Contractor at the residence or place of business given in the Bid and deposited in a postpaid wrapper in any post box regularly maintained by the United States Postal Service or other location as may be established Notice to the Department or to the Project Manager shall be served at the location of the Department or Project Manager Notice of Award The written notice issued by the City to the successful Bidder stating that upon compliance by the successful Bidder with the precedent conditions enumerated therein and within the time specified a Notice to Proceed with the Work will be issued Notice to Proceed A written notice given by the Project Manager to the Contractor fixing the date on which the Contract Time will commence and the Contractor shall start to perform the obligations under the Contract Documents Pay Quantity When applicable the estimated quantity multiplied by the unit price for each pay item specified in the Bid Professional The professional architectural/engineering firm designated to perform the design and/or construction administration services for the Work by a prior agreement entered into between the City and said firm At times City staff may perform the design and/or construction administration services for the Work and shall be considered the Professional in relation to the Work or portion of the Work 15 Bid No 6242 General Conditions Project The total construction of which the Work to be provided under the Contract Documents may be the whole or a part as indicated elsewhere in the Contract Documents Project Manager (P M) An individual employed by the City and assigned to manage and administer the Project which is the subject of the Contract Documents The Project Manager may designate in writing a Project Representative to perform certain duties and responsibilities as set forth in the Supplemental Conditions —Site —The area on which the Contractors operations are carried out and such other adjacent areas that may be designated as such by the Contract Documents Specifications Those portions of the Contract Documents consisting of written (general or detailed) technical descriptions of materials equipment construction systems standards and workmanship as applied to the Work and certain administrative details applicable thereto Subcontractor Any person firm or corporation other than employees of the Contractor who contracts with the Contractor to furnish labor materials and/or equipment for the Work Submittals All drawings diagrams illustrations schedules samples test results and other data which are specifically prepared by a Contractor Subcontractor manufacturer fabncator supplier or distributor to illustrate some portion of the Work and all illustrations brochures standard schedules performance charts instructions diagrams and other information prepared by a manufacturer fabricator supplier or distributor and submitted by Contractor to illustrate material or equipment for some portion of the Work Substantial Completion The status of completion of the Work which in the opinion of the Project Manager as evidenced by a definitive Certificate of Substantial Completion is sufficiently complete in accordance with the Contract Documents so that the Work can be utilized for the purposes for which it was intended 1 Substitution A product service component or system which is not equal to that specified but is proposed by Contractor in lieu of that specified The acceptability of a substitute shall be based on the data submitted and the benefit of the City The Professional shall be the sole judge of acceptability Supplemental Drawings The drawings issued after the execution of the Agreement to explain further to illustrate or to show changes in the Work Surety Any business entity that executes as Surety the Contractor s Bid Performance or Payment Bonds Work The entire completed construction or the various separately identifiable parts furnished under the Contract Documents Work is the result of or an act of performing services furnishing labor and supplying and incorporating material and equipment into the project in conformity with the Contract Documents 16 Bid No 6242 General Conditions Preliminary Matters Delivery of Bonds Within 10 calendar days of receipt of the Notice of Award the contractor shall deliver to the City —the executed Construction Agreement and Public Construction Bond Commencement of Contract Time Notice to Proceed The Contract Time shall commence on the date indicated in the Notice to Proceed Starting the Project The Contractor shall begin the Work within 10 days of Notice To Proceed No Work shall be done prior to the date on which the Contract Time commences Any Work performed by the Contractor prior to date on which Contract Time commences shall be at the sole risk of the Contractor Before Starting Construction Before undertaking each part of the Work the Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures and all applicable field measurements The Contractor shall promptly report in wnting to the Project Manager any conflict error or discrepancy which it may discover However the Contractor shalt not be liable to the City for failure to report any conflict error or discrepancy in the Drawings or Specifications unless the Contractor had actual knowledge of same or which by reasonable diligence should have known about At the preconstruction conference the Contractor shall submit to the Project Manager a preliminary progress schedule covering the activities of work during the first 60 days of the Contract Time The schedule shall also include start and completion dates of the vanous stages of the entire Work and a preliminary schedule of submittals The preliminary schedule will be superseded by final schedules as called for in the Contract Documents No work shall be performed by the Contractor or Subcontractors and no irrevocable commitments to vendors made until issuance of Notice to Proceed and approval of the appropnate submittals by the Project Manager Qualifications of Subcontractors Vendors and Suppliers Within ten (10) days after receipt of Notice of Award the Contractor shall submit to the Project Manager a list of all Subcontractors and all such other persons and organizations whom the Contractor intends to utilize in performing portions of the Work The Contractor shall indicate the corresponding line item as shown on the Schedule of Values that each Subcontractor will be working under The Contractor agrees within fourteen (14) days of receipt of a written request from Director to promptly remove any personnel employed or retained by the Contractor whom Director may request in writing to be removed with or without cause Any substitution submitted by Contractor shall be acceptable to the Director and said substitution shall be at no additional cost to the City i 17 Tr Bid No 6242 General Conditions Preconstruction Conference Before the Notice to Proceed is issued a conference shall be held for review and acceptance of the preliminary schedules to establish procedures for handling submittals and process Applications for Payment and to establish a working understanding among the parties as to the Work Contract Documents Intent -Conflicts Interpretation --and Reuse Precedence The Contract Documents comprise the entire agreement between the City and Contractor concerning the Work and may be altered only by Change Order It is the intent of the Contract Documents to descnbe the total Work to be constructed The Contract Documents are complementary What is called for by one is as binding as if called for by all If the Contractor finds a conflict error or discrepancy in the Contract Documents the Contractor shall call it to the Professional s attention in writing before proceeding with the Work The Professional shall respond with a written clarification as provided under Changes in the Work Any delays associated with the clarification shall be considered for time extensions only but no damages for delay will be allowed In resolving such conflicts errors and discrepancies the Contract Documents shall be given precedence in terms of the most stringent requirements as determined by the Professional Enforcement of the most stringent requirements shall be at the City s option Figure dimensions on the Drawings shall govern over scale dimensions and the detailed Drawings shall govern over general Drawings Any work that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not it is specifically called for Work materials or equipment described in words which so applied have a well known technical or trade meaning shall be deemed to have such recognized meaning The intent of the Drawings is to provide the Contractor with the best practical information regarding the layout dimensioning of the items of equipment or work required In as much as it is neither practical nor standard practice to show every detail on the Drawings the Contractor shall be responsible for the functionality of the various pieces of equipment and materials in order to provide a complete and operable system and facility Reuse of Documents Neither Contractor nor any Subcontractor manufacturer fabricator supplier or distributor shall have or acquire any title or ownership rights in any of the Drawings Specifications or other documents (or copies thereof) prepared by or bearing the seal of the Professional They shall not reuse any of them on extensions of the Project or any other project - Project Conditions Availability of Lands The Cry shall furnish at the times indicated in the Contract Documents the lands upon which the Work is to be done rights of way for access thereto and such other lands which are designated for use by the Contractor Easements for permanent structures or permanent changes in existing facilities shall be obtained by the City unless otherwise specified in the Contract Documents If the Contractor believes that any delay in the City s furnishing of these lands or easements is valid 18 Bid No 6242 General Conditions reason for an extension of the Contract Time Contractor may make a claim for such time extension as provided under Changes in the Work and Change of Contract Price but in no event will the Contractor be entitled to any damages or additional compensation for such delay The Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment Upon request the Project Manager shall furnish to the Cdntractor copies of allavailable boundary surveys and subsurface tests Unknown or Concealed Conditions If conditions are encountered excluding existing utilities at the Site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents then the Contractor shall give the City notice thereof promptly before conditions are disturbed and in no event later than 48 hours after first observance of the conditions The Project Manager and Professional shall promptly investigate such conditions and if they differ materially and cause an increase or decrease in the Contractor s cost of or time required for performance of any part of the Work the Project Manager shall recommend an equitable adjustment in the Contract Pnce or Contract Time or both If the Project Manager determines that the conditions at the Site are not materially different from those indicated in the Contract Documents or are not materially different from those ordinarily found and that no change in the terms of the Agreement is justified the Project Manager shall notify the Contractor of the determination in writing The Work shall be performed after direction is provided by the Project Manager Contractor shall ascertain such conditions descnbed above as may be readily determined by inspection and inquiry such as the location accessibility and general character of the Srte prior to submitting a Bid Proposal Reference Points The Professional shall establish on the Drawings such general reference points as in its judgment will enable the Contractor to proceed with the Work The Contractor shall establish construction control including but not limited to construction baseline the coordinates and elevations of two permanent benchmarks by utilizing a registered land surveyor in compliance with all of the requirements of Chapter 472 Florida Statutes (Land Surveying) The Contractor shall be responsible for the layout of the Work shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of the Professional The Contractor shall within 48 hours give notice to the Project Manager or Project Representative whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations The Contractor shall replace and accurately relocate all reference points so lost destroyed or moved by utilizing a registered land surveyor in compliance with all of the requirements of Chapter 472 Florida Statutes (Land Surveying) 19 7 T� Bid No 6242 General Conditions Existing Utilities Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the City Prior to commencing work the Contractor shall be responsible for verification and location of all underground utilities to the extent that the utilities can be reasonably located The Contractor shall as a minimum contact all utility companies for the —purpose of having all utilities located by the utility companies _The Contractor shall clear and grub those areas identified by the affected utility as essential to its work Furthermore the Contractor shall be responsible for discovery of existing underground installations in advance of excavating or trenching by contacting all local utilities and by prospecting to ascertain that the utilities shown or otherwise identified are in the area shown When such exploratory excavations show the utility location as indicated on the drawings to be in error Contractor shall so notify Professional The City shall not be liable for any damage or delay caused by any utility line that was or could have been identified by the Contractor using reasonable means If Contractor fails to fulfill its due diligence investigation or negligently conducts the due diligence investigation with respect to existing utilities prior to the commencement of Work Contractor will be deemed to have waived any claim it might otherwise have had to an adjustment of the Contract Price or Contract Time If Contractor fully performs its due diligence investigation with respect to existing utilities pnor to the commencement of Work and Contractor is subsequently delayed by an unknown existing utility conflict the Contractor may make a claim for an extension to the Contract Time in accordance with the requirements of the Contract Documents but in no event will the Contractor be entitled to any damages or additional compensation from the City Contractor s Responsibilities Supervision and Superintendence The Contractor shall supervise and direct the Work efficiently and with its best skill and attention The Contractor shall be solely responsible for the means methods techniques sequences and procedures of construction unless specifically addressed in the Contract Documents The Contractor shall be responsible for seeing that the finished work complies accurately with the Contract Documents The Contractor shall cooperate with and be responsible for coordination of the Work with other contractors and/or utilities at the Site The Contractor shall attend meetings as requested by the Project Manager or Professional The Contractor shall keep on the Work at all times during its progress a competent resident superintendent who shall not be replaced without written notice to the Project Manager except under extraordinary circumstances The superintendent shall be the Contractor's representative at the Site and shall have authority to act on behalf of the Contractor All communications given to the superintendent shall be as binding as if given to the Contractor Labor Materials and Equipment The Contractor shall provide and pay for competent suitable qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents The Contractor shall at all times maintain good discipline and order on the Site The Contractor shall furnish and pay cost for all materials equipment labor transportation construction equipment and machinery tools appliances fuel power light heat telephone water and sanitary facilities and all other facilities and incidentals whether temporary or permanent 20 Bid No 6242 General Conditions necessary for the execution testing initial operation and completion of the Work as required by the Contract Documents All materials and equipment shall be new and of good quality except as otherwise provided in the Contract Documents If required by the Professional the Contractor shall furnish satisfactory evidence as to the kind and quality of matenais and equipment All materials and equipment shall be applied installed connected erected used cleaned and conditioned in -accordance with the_instructions of the applicable manufacturer fabricator or processors except as otherwise provided in the Contract Documents - Substitute Materials or Equipment If the Contractor wishes to furnish or use a proposed substitute after the award of the Agreement it shall within thirty (30) days after Notice to Proceed make written application to the Professional for consideration of such substitute certifying in writing that the proposed substitute will perform adequately the duties imposed by the general design be similar and of equal substance or quality to that specified and be suited to the same use and capable of performing the same function as that specified No substitute shall be ordered or installed without the pnor written approval of the Professional who shall be the sole judge of acceptability The application shall also contain an itemized estimate of all costs that may result directly or indirectly from acceptance of such substitute including costs of redesign delays maintenance and claims of other contractors affected by the resulting change all ofwhich shall be considered by the Professional in evaluating the proposed substitute Approval of any change in costs or schedule as a result of acceptance of the substitute by the Professional shall be by Change Order Concerning Subcontractors The Contractor shall be fully responsible for all acts and omissions of its Subcontractors and of persons directly or indirectly employed by them and of persons for whose acts any of them may be liable to the same extent as if they were employed by the Contractor Nothing in the Contract Documents shall create any contractual relationship between any Subcontractor and the City or any obligation on the part of the City to pay or to see to the payment of any monies due any Subcontractor except as may otherwise be required by law The City may furnish to any Subcontractor to the extent practicable evidence of amounts paid to the Contractor for specific Work done The divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing Work among Subcontractors or delineating the Work to be performed by any specific trade The Contractor agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents including but not limited to the General Conditions and Supplemental Conditions for the benefit of the City All Work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate written agreement between the Contractor and the Subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance except such rights as they may have to the proceeds of such insurance held by the City as trustee The Contractor shall pay each Subcontractor an 21 v Bid No 6242 General Conditions appropriate amount determined by value of the Work of any insurance monies received by the Contractor under this insurance Patent Fees and Royalties The Contractor shall pay all license fees and royalties and assume all costs incident to the use of any invention design -process -or device which is the subject of patent rights or copyrights held by others Permits The Contractor shall secure and pay for all construction permits licenses govemmental charges and inspection fees and all public utility charges which are applicable and necessary for the execution of the Work at the time of its Bid A permit allowance may be established in the Bid In the absence of a permit allowance being established all permit costs shall be included in the base bid Permits if any that are provided and paid for by the City are listed in the Contract Documents Any delays associated with the permitting process will be considered for time extensions only and no damages or additional compensation for delay will be allowed Laws and Regulations The Contractor shall give all notices and comply with all laws ordinances rules and regulations applicable to the Work If the Contractor observes that any of the Contract Documents are contradictory to such laws rules and regulations it will notify the Project Manager promptly in writing Any necessary changes shall then be adjusted by an appropriate Change Order If the Contractor performs any Work that it knows or should have known to be contrary to such laws ordinances rules and regulations and without such notice to the Project Manager it shall bear all related costs Use of Premises The Contractor shall confine its equipment the storage of materials and equipment and the operations of its workers to the areas permitted by law ordinances permits or the requirements of the Contract Documents The Contractor shall not unreasonably encumber the Site with materials and equipment Any loss or damage to the Contractor s or any Subcontractor s equipment is solely at the risk of the Contractor The Contractor shall not load or permit any part of any structure to be loaded in any manner that will endanger the structure The Contractor shall not subject any part of the Work or adjacent property to stresses or pressures that will endanger them Record Drawings The Contractor shall keep at the Site and in good order one record copy of the Contract Documents and the Shop Drawings These documents shall be annotated on a continuing basis to show all changes made during the construction process These shall be available to the Professional and the Project Manager and shall be submitted with the Application for Final Payment 22 Bid No 6242 General Conditions Safety and Protection The Contractor shall be responsible for initiating maintaining and supervising all safety precautions and programs in connection with the Work The Contractor shall take all necessary precautions for the safety of and will provide the necessary protection to prevent damage injury - - -or loss to All employees on the Work and other persons who may be affected by it All the Work and all materials or equipment to be incorporated whether in storage on or off— --- the Site The Contractor shall assume all risk of loss for stored equipment or materials irrespective of whether the Contractor has transferred the title of the stored equipment or materials to the City Other property at the Site or adjacent to it including trees shrubs lawns walks pavements roadways structures and utilities not designated for removal relocation or replacement in the course of construction The Contractor shall comply with all applicable laws ordinances rules regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage injury or loss Contractor shall erect and maintain as required by the conditions and progress of the Work all necessary safeguards for safety and protection Contractor shall notify owners of adjacent property and utilities when execution of Work may affect them prior to start of work All damage injury or loss to any property caused directly or indirectly in whole or in part by the Contractor any Subcontractor anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be hable shall be remedied by the Contractor The Contractor shall designate a responsible member of its organization whose duty shall be the prevention of accidents at the Site This person shall be the Contractor s superintendent unless otherwise designated in writing by the Contractor to the Project Manager Emergencies In emergencies affecting the safety of persons the Work or property at the Site or adjacent thereto the Contractor without special instructions or authorization from the Project Manager if time or circumstances do not permit is obligated to prevent or mitigate threatened damage injury or loss Contractor shall give the Project Manager written notice that the emergency provision has been invoked and shall state the reasons therefore within twenty four (24) hours of the incident If the Contractor believes the emergency resulted in additional Work a claim for a Change Order may be submitted in accordance with the procedures set forth herein The Contractor shall immediately notify the Project Manager of all events involving personal injunes to any person on the Site whether or not such person was engaged in the construction of the Project and shall file a written report on such person(s) and any other event resulting in property damage of any amount within 5 days of the occurrence The Project Manager upon learning of an emergency situation may direct the Contractor to call out work crews equipment and materials to prevent threatened damage injury or loss If the Contractor believes the emergency resulted in additional work a claim for Change Order is permissible 23 Bid No 6242 General Conditions Submittals and Samples After checking and verifying all field measurements the Contractor shall promptly submit to the Professional for approval in accordance with the accepted schedule of submittals all Submittals and samples required by the Contract Documents All Submittals and samples shall have been checked by and stamped with the approval of the Contractor and identified as the Professional may require The data shown on or with the Submittals will be complete with respect to dimensions design criteria materials and any other information necessary to enable the Professional to review the Submittal as required __At the time of each submission the Contractor shall give notice to the Professional of all deviations that the Submittal or sample may have from the requirements of the-- Contract heContract Documents The Contractor shall submit to the Project Manager for review and approval within 10 days after Notice of Award a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Pnce and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction Such pnces shall include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in wnting by the Contractor at the time of submittal The Professional shall review and approve Submittals and samples Professional s review and approval shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents The approval of a separate -item as such will not indicate approval of the assembly in which the item functions The Contractor will make any corrections required bythe Professional and resubmit the required number of corrected copies until approved The Contractor s stamp of approval on any Submittal or sample shall constitute its representation to the Professional and County that the Contractor has determined and verified all quantities dimensions field construction criteria materials catalog numbers and similar data and that each Submittal or sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents No Work requiring a Submittal or sample submission shall commence until the submission has been approved by the Professional A copy of each approved Submittal and each approved sample shall be kept in good order by the Contractor at the Site and shall be available to the Professional and County staff Any delays associated with the submittal process will be considered for time extensions only and no damages or additional compensation for delay will be allowed The Professional s approval of Submittals or samples shall not relieve the Contractor of its responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has called the Professional s attention to such deviation in wnting at the time of submission any such approval by the Professional shall not relieve the Contractor from responsibility for errors or omissions in the Submittals To facilitate review the Contractor shall number consecutively each Submittal This numbering system shall be in order of Submittal Any resubmittal required shall have the same number as the original Submittal followed by notation signifying that this is a second or third Submittal (e g #14 2nd submittal) All Submittals shall provide a space for the Professionals review stamp preferably on the first page In addition all Submittals shall contain the following notation placed by the Contractor Project Name Submittal Number 24 Bid No 6242 General Conditions Deviations None As listed Reference Specification Number Reference Drawing Number -Space Requirement _ As designed Different As listed Contractor has -reviewed and submitted for approval Signature Date The review of a particular Submittal will be undertaken only if the above such information is provided Clean Up The Contractor shall maintain the Site free from accumulations of waste materials rubbish and other debris resulting from the Work on a daily basis or as required At the completion of the Work the Contractor shall remove all waste matenals rubbish and debris from the Site as well as all tools construction equipment and machinery and surplus matenals and will leave the Site clean and ready for occupancy by the City In addition to any other nghts available to City under the Contract Documents the Contractor s failure to maintain the Site may result in withholding of any amounts due Contractor The Contractor will restore to original condition those portions of the Site not designated for alteration by the Contract Documents Work By Others The City may perform additional work related to the Project with its own forces or may let other direct contracts The Contractor shall provide the other contractors who are parties to such direct contracts including but not limited to the other contractor's employees agents subcontractors and suppliers (or the City s forces performing the additional work) reasonable opportunity for the introduction and storage of materials and equipment and the execution of work and shall properly connect and coordinate its Work with theirs The Contractor is not entitled to exclusive use of the Site If any part of the Contractor s Work depends (for proper execution or results) upon the work of any such other contractor (or the City) the Contractor will inspect and promptly report to the Project Manager in writing any defects or deficiencies in such work that render it unsuitable for such proper execution and results Contractor s failure to report shall constitute an acceptance of the other work except as to defects and deficiencies which may appear in the other work after the execution of its Work Contractor shall be entitled to extension of time but not to damages or additional compensation related to delay caused by such other contractors (or the City) The Contractor will do all cutting fitting and patching of its Work that may be required to make its several parts come together properly and fit it to receive or be received by such other work The Contractor will not endanger any work of others by cutting excavating or otherwise altenng such other work and will only cut or alter such other work with the written consent of the Project Manager and only if such alteration will not increase the Contract Price or Contract Time 25 t Bid No 6242 General Conditions If the performance of additional work by other contractors or the City is not noted in the Contract Documents prior to the execution of the Agreement written notice shall be given to the Contractor prior to starting any such additional work If the Contractor believes that the performance of such additional work by the City or others involves additional expense or entitles it to an extension of the Contract Time the Contractor may make a claim as provided under Changes in the Work Change of Contract Price and Change of Contract Time City s Responsibilities The City shall issue all communications t� the Contractor through the Project -Manager except for authorization required by Change Order pursuant to the Contract Documents The City shall furnish the data required under the Contract Documents and shall make payments to the Contractor when due The City s responsibilities for providing lands easements and engineering surveys to establish reference points are set forth under Project Conditions Professional s Status During Construction City s Representative The Professional shall be a representative of the City during the construction penod The duties responsibilities and limitations of authority of the Professional as the City s representative during construction are set forth in these General Conditions and shall not be extended without written designation from the Department administering the Project Visits to the Site The Professional shall make periodic visits to the Site to observe the progress and quality of the executed Work and to determine in general if the Work is proceeding in accordance with the Contract Documents Clarifications and Interpretations The Professional shall issue such wntten clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as may be determined necessary or as reasonably requested by the Contractor which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents If the Contractor believes that a written clarification and interpretation entitles it to an increase in the Contract Price and/or Contract Time the Contractor may make a claim as provided for under Change in the Work Change of Contract Price and Change of Contract Time Rejecting Defective Work The Professional has the authority to disapprove or reject Work which is defective The Professional also has authority to require special inspection or testing of the Work at the Contractor s expense whether or not the Work is fabricated installed or completed 26 Bid No 6242 General Conditions Resident Engineer The Professional may furnish a full or part time Resident Engineer and other personnel to assist it in carrying out services at the Site The duties responsibilities and limitations of authority of any such Resident Engineer and other personnel are set forth in the Supplemental Conditions if — applicable._ _ _ Decisions on Disagreements The Professional shall interpret the requirements of the Contract Documents and determine the acceptability of the Work If Contractor disagrees with the Professional s opinion Contractor shall refer claims disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents to the Project Manager in writing with a request for a formal decision Written notice of each claim dispute and other matter shall be delivered by the Contractor to the Project Manager within seven (7) days of the occurrence first happening Written supporting data will be submitted to the Project Manager within fifteen (15) days after such occurrence unless the Project Manager allows additional time If Contractor fails to strictly comply with these notice and submittal time periods the Contractor shall be deemed to have waived its right to assert a claim Contractor might otherwise have had concerning such matter The Professional will render in writing its opinion concerning the Contractor s request for a formal decision and shall submit same to the Project Manager After receipt of Professional s written opinion and all information requested from Contractor the Project Manager shall render a formal decision in wnting If Contractor still disagrees with the Project Manager s formal decision the Contractor may submit a claim in accordance with Changes in the Work Change of Contract Price and Change of Contract Time but the Contractor shall nevertheless be obligated to fully perform the work as directed by the Project Manager Limitations on Professional s Responsibilities Neither the Professional s authority to act under this Article or elsewhere in the Contract Documents nor any decision made in good faith to exercise such authority shall give rise to any duty or responsibility of the Professional to the Contractor any Subcontractor any of their agents or employees The Professional shall not be responsible for the construction means methods techniques sequences or procedures or the safety precautions and programs used The Professional shall not be responsible for the Contractor s failure to perform the Work in accordance with the Contract Documents The Professional shall not be responsible for the acts or omissions of the Contractor any Subcontractors any agents or employees or any other persons performing any of the Work Changes in the Work Changes Without invalidating the Agreement the City may at any time or from time to time order additions deletions or revisions in the Work The Professional shalt provide Contractor with a proposal request identifying the Work to be added deleted or revised Upon receipt the Contractor shall promptly submit a written proposal for the changed work prepared in accordance under Change of Contract Price and Change of Contract Time If the proposal request calls only for the 27 Bid No 6242 General Conditions deletion of Work the Professional may order the partial suspension of any Work related to the proposed deletion in which case the Contractor must cease performance as directed the Contractor shall not be entitled to additional compensation or an increase in the Contract Time as a result of the suspension The Contractor shall not be entitled to claim lost profits on deleted work All changed Work shall be executed under the applicable conditions of the Contract Documents —Additional Work -performed by_the_Contractor without authorization of a Change Order will not entitle the Contractor to an increase in the Contract Price or an extension of the Contract Time except in the case of an emergency as provided under Contractor s Responsibilities The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents Upon agreement as to changes in the Work to be performed Work performed in an emergency as provided under Contractor s Responsibilities and any other claim of the Contractor for a change in the Contract Time or the Contract Price the Project Manager will prepare a written Change Order to be signed by the Contractor and submitted to the City for approval The Director is authorized to approve Change Orders for the City It is the Contractor s responsibility to notify its Surety of any changes affecting the general scope of the Work Contract Price or Contract Time If the City determines the Contractor has submitted a baseless frivolous unsupported exaggerated or otherwise spurious Claim or Change Order request the City shall deduct from any amounts due the Contractor the costs incurred by the City in reviewing and responding to that Change Order request or Claim Deductible costs include but are not limited to any costs incurred by the City or its Professional to review and respond to the requested Change Order or Claim The Contractor shall proceed diligently with performance of the Work as directed by the City regardless of pending claim actions unless otherwise agreed to in wnting Change of Contract Price The Contract Price The Contract Pnce is as defined under definitions All duties responsibilities and obligations assigned to or undertaken by the Contractor shall be at its expense without change in the Contract Price The Contract Price represents the total compensation to which the Contractor may be entitled under the terms of these Contract Documents which is based upon the estimated quantities of items listed therein or a lump sum pnce The actual total compensation paid to the Contractor for the Work described in these Contract Documents may vary from that amount stated on the Bid Proposal form due to Adjustments in pay quantity/quantities resulting from changes in item quantity/quantities and/or Adjustments in pay quantity/quantities as otherwise permitted by these Contract Documents 28 Bid No 6242 General Conditions The Contract Price may only be increased or decreased by a written Change Order Any claim for an increase shall be in writing and delivered to the Project Manager within seven (7) days of the occurrence first happening Written supporting data will be submitted to the Project Manager within fifteen (15) days after such occurrence unless the Director allows additional time Except as provided for below any_Change Order adjusting thecompensation to be paid Contractor shall be priced in accordance with the following procedures _ Designated Unit Price (Field Measure) The Contractor and the City recognize and acknowledge that the quantities shown for those items designated on the Bid form as unit price items are approximations prepared by the City for bid purposes and that the actual compensation payable to the Contractor for the utilization of such items is based upon the application of unit prices to the actual quantities of items involved as measured in the field and required to complete the Project as originally defined in the Contract Documents When it is determined by the City that an addition deletion or revision to the Project as defined in these Contract Documents is required and affects the quantities required for items designated on the Bid form as unit price items the Contractor and the City agree that the compensation payable to the Contractor for such unit price items shall be adjusted accordingly by a Change Order based upon the application of the appropnate unit pnces shown on the Bid form to the quantity of the unit price item required to complete the Project as defined in the Contract Documents Other Unit Prices Unit prices for items not designated on the Bid form as unit price items but which have been mutually agreed upon by the City and the Contractor Lump Sum When it is determined by the City that an addition deletion or revision to the Project is required which results in a change in Work designated in the Bid as a lump sum item the amount of increase or decrease in the lump sum price shall be established by mutual agreement of the parties If the pricing methods specified under Change of Contract Pnce are inapplicable or if the parties are unable to agree on a price for the changed work a reasonable price for the same shall be established by the City in accordance with Cost of Work A unilateral Change Order may then be issued by the Director describing the proposed work items and the said reasonable price If Contractor fails to sign such Change Order the Contractor may submit a claim in accordance with Changes in the Work Change of Contract Price and Change of Contract Time but the Contractor shall nevertheless be obligated to fully perform the work as directed by the Change Order Failure on the part of the Contractor to construct any item to plan or authorized dimensions within the specification tolerances shall result in reconstruction to acceptable tolerances at no additional costs to the City acceptance at no pay or acceptance at reduced final pay quantity or reduced unit price all at the discretion of the City Determinations of aggregate monetary change for items 29 Bid No 6242 General Conditions identified as lump sum quantities shall be made by the City based upon an analysis of the scope of the Contractor s failure to construct to plan or authorized dimensions Cost of Work The term Cost of Work 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 wnting by the Project Manager 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 workers compensation health and retirement benefits sick leave) Owned Equipment (at lowest applicable equipment rate manual rate) Rented Equipment (at actual rental rate) Materials Supplies Subcontractors costs Bonds and Insurance Contractor s Fee (per Change of Contract Time ) The Contractor shall require all subcontractors and suppliers to comply with all requirements of and provide itemizations of all claims in accordance with the above The term Cost of the Work shall not include any of the following Payroll costs and other compensation of the Contractor s officers executives pnncipals (of partnership and sole proprietorships) general managers engineers architects 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 a branch office including job site overhead 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 Fee Extraordinary fringe benefits not specifically identified under Labor Expenses of Contractor s principal and branch offices other than the Contractor s office at the 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 Cost of premiums for all bonds and insurance whether or not the Contractor is required by the Contract Documents to purchase and maintain the same (except for additional bonds and insurance required because of changes in the Work) 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 of defective Work disposal of materials or equipment wrongly supplied and making good any damage to property 30 Bid No 6242 General Conditions Overhead or general expense costs of any kind (other than as provided in under Contractor's Fee ) Contractor s Fee The maximum percentage allowed for the Contractor s cornbiried overt -read and profit shall be as follows For all such Change Order Work done or to be done by the Contractor s own organization a fixed percentage of the total adjustment to the Contract Pnce shall be negotiated with the Project Manager at the Preconstruction Meeting and shall not exceed ten (10) percent For all such Change Order Work done or to be done by Subcontractors each subcontractor may add up to ten percent (10%) to its allowable cost of work for combined overhead and profit and the Contractor may add up to five percent (5 /) to the Subcontractor's allowable cost of work for its combined overhead and profit provided however (a) no markup of the cost incurred in connection with premiums for bonds or insurance shall be permitted and (b) the total maximum markup allowed by Change of Contract Price including but not limited to Contractor Subcontractors and all lower tier Subcontractors shall in no event exceed twenty percent (20°/) of allowable costs For all changes the Contractor shall submit an itemized cost breakdown together with supporting data in such detail and form as prescnbed by the Project Manager When a credit is due the amount of credit to be allowed by the Contractor to the City for any such change which results in a net decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project Manager plus the applicable 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 manhours required by discipline/trade with the unit cost per manhour and total labor pnce labor burden equipment hours and rate for each piece of equipment matenal by units of measure and price per unit other costs specifically itemized plus the overhead and profit markup Cash Allowance It is understood that the Contractor has included in the Contract Price any allowances named in the Contract Documents and shall cause the Work to be done by such suppliers or Subcontractors and for such sums within the limit of the allowances as the City may approve Prior to final payment the Contract Price shall be adjusted as required and an appropriate Change Order issued to reflect actual authorized expenditures made against the allowances The Contractor agrees that the original Contract Price includes such sums as it deems proper for all cost overhead and profit for cash allowances The Contractor further agrees that in the event the City authorizes only a portion of the allowance work the Contractor shall receive the amount for Work actually performed as set forth in the Contract Documents for cash allowance upon submittal of the proper documentation Reductions or increases in the Work will not entitle Contractor to any further increase in overhead and profit 31 Bid No 6242 General Conditions Change of Contract Time The Contract Time may only be changed by a Change Order Any request for an extension in the Contract Time shall be made in writing and delivered to the Project Manager within seven (7) days of the occurrence first happening and resulting in the claim Written supporting data will be _submitted to the Project Manager within fifteen (15) days after such occurrence unless the Project Manager allows additional time_ All -claims submitted by the Contractor for.adjustments to the Contract Time must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was beyond the Contractor s control or fault If the Contractor is delayed at any time in the performance progress commencement or completion of the Work by any act or neglect of the City or the Professional or by any employee of either or by any separate contractor employed by the City or by changes ordered in the Work or by labor disputes fire unavoidable casualties utility conflicts which could not have been identified or foreseen by the Contractor using reasonable diligence or any causes beyond the Contractor s control or fault then the Contract Time shall be extended by Change Order for such reasonable time as the City may determine Contractor shall be entitled to an extension of time for such causes only for the number of days of delay which the City may determine to be due solely to such causes and only to the extent such occurrences actually delay the completion of the Project and then only if the Contractor shall have strictly complied with all the requirements of the Contract Documents Provided however notwithstanding anything in the Contract Documents to the contrary no interruption interference inefficiency suspension or delay in the performance progress commencement or completion of the Work for any cause whatsoever including those for which the City or the Professional may be responsible in whole or in part shall relieve Contractor of its duty to perform or give rise to any nght to damages or additional compensation from the City Contractor s sole and exclusive remedy against the City for interference inefficiency suspension or delay of any aspect of the Work shall be the right to seek an extension to the Contract Time In accordance with the procedures set forth herein This paragraph shall expressly apply to claims for early completion as well as claims based upon late completion The Contractor shall become familiar with and prepare for the normal weather conditions existing in the City of St Petersburg Florida Normal weather conditions are expected to impact the Work in numerous ways including but not limited to delays during and after penods of rainfall temporary flooding and ponding wet ground high winds and debris The Contractor acknowledges that its bid and subsequent schedule anticipates and includes as a minimum the normally anticipated number of unfavorable weather days set forth below for the period of time covered by this Agreement The consequences and impact of such unfavorable weather conditions are neither excusable nor compensable The Contractor acknowledges that the following conditions must all exist before -unfavorable weather conditions may be found to exist Unfavorable weather conditions actually existed at the Project Site for one or more work days in excess of the number of work days set forth below As a direct result of the unfavorable weather conditions the Contractor was unable to perform critical path work for a continuous penod of more than four (4) hours on each specific day 32 Bid No 6242 General Conditions The Contractor had taken reasonable precautions such as but not limited to proper drainage temporary drainage or diversion and pumping (including pre and post shift pumping) to mitigate the impact of such unfavorable weather conditions The Contractor was in fact scheduled to and attempted to perform Work An evaluation of weather ditions stralhbe-made on the dates identified elsewhere in the Agreement as Milestone Dates the Substantial Completion Date and the Final Completion Date (collectively MilestoneiJates) On those dates if all the conditions set forth in below are found to exist the number of work days from the date of the N�ice fo Proceed through the pertinent Milestone Date actually affected by unfavorable weather conditions will be compared with the normally anticipated number of unfavorable weather days set forth below for that same penod of time If the number of affected days during that period exceeds the normally anticipated number of unfavorable weather days the Project schedule shall be adjusted Subsequent Milestone Dates shall not be adjusted unless and until subsequent evaluations demonstrate independent entitlement to the same If any of the milestone dates are adjusted in accordance with the foregoing procedures the Project Manager shall at the time of Final Completion prepare a Change Order increasing the Contract Time by the total of all such adjustments for unfavorable weather conditions Notwithstanding anything herein to the contrary liquidated damages shall not be assessed for the penod of time between the originally scheduled Milestone Date(s) and the adjusted Milestone Date(s) as described hereinabove This extension of the Milestone Date shall be the sole consideration for the impact of weather conditions and Contractor shall not be entitled to damages or additional compensation resulting from delays caused by such weather conditions If the number of affected days during that period does not exceed the normally anticipated number of unfavorable weather days set forth below no adjustment shall be made For Milestone Dates which occur on a day other than the last day of the month the number of days set forth below shall be prorated and rounded to the nearest whole day The parties expressly acknowledge that unfavorable conditions will exist at the Site as a result of normal weather The parties also acknowledge that based on a five day work week the normal and to be anticipated number of unfavorable weather days per month are as follows January 2 work days July 7 work days February 3 work days August 7 work days March 3 work days September 6 work days April 2 work days October 2 work days May 3 work days November 2 work days June 5 work days December 2 work days All time limits stated in the Contract Documents are of the essence to the Agreement The provisions of this Article shall not preclude recovery of liquidated damages As a condition precedent to receiving an extension of the Contract Time for delay on any portion of the Work the Contractor shall reasonably reschedule the Work so as to minimize the impact of the delay and to allow continued progress on the unimpacted portions of the Work 33 ',. Bid No 6242 General Conditions Warranty and Guarantee Acceptance of Defective Work Warranty and Guarantee The Contractor warrants and guarantees to the City that all materials and equipment will be new unless otherwise specified and that all Work will be of good quality performed in a workmanlike manner free from -faults or defects-- and in -accordance with -the requirements of the Contract Documents and any inspections tests or approvals referred to in this Article All unsatisfactory Work all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections tests approvals or all applicable budding—construction—and safety requirements shall be considered defective Notice of all defects shall be given to the Contractor by the Project Manager AO defective Work whether or not in place may be rejected corrected or accepted as provided in this Article The Contractor shall unconditionally guarantee together with his Surety all materials and workmanship incorporated in this Contract for a period of one year from the date of Substantial Completion The Contractor shall submit a notarized affidavit attesting to such guarantee period prior to final payment Should defects develop within the guarantee period the Contractor shall upon written notice of same promptly remedy the defects and reimburse the City for all damage to other Work if caused by the defects or caused by correcting the defects of the Work If the Contractor after due notice shall refuse or neglect to make good the defects as notified to the satisfaction of the City then the City may and is empowered to proceed in the manner prescribed in the event of abandonment or forfeiture of the Work -by the Contractor The payment to the City of its claims for matenal and labor and other expenses shall be prerequisite to the termination of the guarantee period and to the release of the Sureties on the Contract Bonds All representations and guarantees made in the Contract Documents shall survive final payment and termination or completion of this Contract This guarantee shall be exclusive of any manufacturer's guarantees or warranties exceeding this period Tests and Inspections If the Contract Documents laws ordinances rules regulations or orders of any public authority having junsdiction require any Work to specifically be inspected tested or approved by someone other than the Contractor the Contractor shall give the Project Manager timely notice of readiness therefore The testing firm(s) Of assigned by the City to this Project) and all such inspections tests or approvals provided for by the City shall be identified in writing by the Project Manager to the Contractor All other inspections tests or approvals shall be at the Contractor s expense including additional expenses for inspection and tests required as a result of delays by the Contractor or hours worked in excess of 40 hours per week For all required inspections tests and approvals on any Work prepared performed or assembled away from the Site the Contractor will furnish the Project Manager with the required Certificates of Inspection testing or approval All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organizations as may be required by law or the Contract Documents Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of the Project Manager and at the Contractor s expense Neither observations by the Professional Project Manager or any City Inspector nor inspections tests or approvals by persons other than the Contractor shall relieve the Contractor of its obligations to perform the Work in accordance with the requirements of the Contract Documents 34 Bid No 6242 General Conditions Access to the Work For the duration of the Project the Professional and its representatives other designated representatives of the City and authorized representatives of any regulatory agency shall at all times be given access to the Work The Contractor shall provide proper facilities for such access and observation of the Work and also for any inspection or testing by others Uncovering the Work If any Work required to be inspected tested or approved is covered prior thereto without the prior written approval of the Professional or Project Manager or if any Work is covered contrary to the request of the Professional or Project Manager the Work shall if requested by the Professional or Project Manager be uncovered for observation inspection testing or approval and replaced at the Contractor s expense If any Work has been covered which either the Professional or Project Manager has not specifically requested to observe or if the Professional or Project Manager considers it necessary or advisable that covered Work be inspected or tested by others the Contractor upon written request of the Professional or Project Manager shall uncover expose or otherwise make available for observation inspection or testing that portion of the Work in question furnishing all necessary labor matenal and equipment If it is found that such Work is defective the Contractor shall bear the expense of such uncovering exposure observation inspection testing and satisfactory reconstruction If however such Work is not found to be defective the Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time or both directly attributable to such uncovering exposure observation inspection testing and reconstruction if it makes a claim as provided under Changes in the Work Change of Contract Price and Change of Contract Time Stop Work When Work is defective or when the Contractor fails to supply sufficient skilled workmen or suitable materials or equipment or make prompt payments to Subcontractors for labor materials or equipment or if the Contractor violates any provisions of these Contract Documents the Department Director may order the Contractor to stop the Work until the cause for such order has been eliminated However this right of the Director to stop the Work shall not give rise to any duty on the part of the Director to exercise this right for the benefit of the Contractor or any other party The Contractor shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph Correction or Removal of Defective Work When directed by the Professional or the Project Manager the Contractor shall promptly without cost to the City and as specified by the Professional or Project Manager either correct the defective Work whether fabricated installed or completed or remove it from the Site and replace it with nondefective Work If the Contractor does not correct such defective Work or remove and replace such defective Work within a reasonable time all as specified in a written notice from the Professional or Project Manager the City may have the deficiency corrected All direct and indirect costs of such correction shall be paid by the Contractor or deducted from payment to Contractor The Contractor will also bear the expense of correcting or removing and replacing all Work of others destroyed or damaged by the correction removal or replacement of the defective Work 35 ^r* Bid No 6242 1 General Conditions If after approval of final payment and prior to the expiration of one year after the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract documents any Work is found to be defective incomplete or otherwise not in accordance with the Contract Documents the Contractor shall promptly without cost to the City and in accordance with the City s written instructions either --correct such defective Work or if it has been rejected by the City remove it from the Site and replace it with non defective Work If the Contractor does not promptly comply with the terms of such instructions the City may have the defective Work corrected removed or replaced All direct —and indirect costs of such action will be paid by -the Contractor Acceptance of Defective Work If instead of requiring correction or removal and replacement of defective Work the City prefers to accept it the City may do so In such case if acceptance occurs prior to approval of final payment a Change Order incorporating the necessary revisions in the Contract Documents including an appropriate reduction in the Contract Price shall be issued If the acceptance occurs after approval of final payment the Contractor shall pay to the City an appropriate sum to compensate for the defect in the Work Neglected Work by Contractor If the Contractor neglects to execute the Work in accordance with the Contract Documents including any requirements of the progress schedule the Project Manager may direct the Contractor to submit a recovery plan and take specific corrective actions including but not limited to employing additional workmen and/or equipment and working extended hours and additional days all at no cost to the City in order to put the Project back on schedule If the Contractor fails to correct the deficiency or take appropriate corrective action the City may terminate the contract or Contractor s right to proceed with that portion of Work and have the Work done by others The cost of completion under such procedure shall be charged against the Contractor A Change Order shall be issued incorporating the necessary revisions in the Contract Documents including an appropriate reduction in the Contract Price If the payments due the Contractor are not sufficient to cover such amount the Contractor shall pay the difference to the City When the Contractor is more than 5 / behind schedule based on the approved Project Schedule the Project Manager may deduct from the Contractor s progress payment a sum equal to the liquidated damages for the number of days behind schedule Additional withholding may be made if the Project Manager determines the work cannot be completed for the unpaid balance of the Contract Pnce Should the Contractor work overtime weekends or holidays to regain the schedule all costs to the City of associated inspection construction management and resident engineering shall be identified to the Contractor and the Contract Pnce reduced by a like amount via Change Order Payment and Completion Schedule of Values At least ten (10) days prior to submitting the first Application for Payment the Contractor shall submit to the Project Manager a final schedule of values for all activities of the Work shown on the accepted schedule including quantities and unit prices totaling to the Contract Price This schedule of values shall be satisfactory in form and substance to the Project Manager and shall 36 Bid No 6242 General Conditions subdivide the Work into component parts in sufficient detail to serve as the basis for measuring quantities in place and calculating amounts for progress payments during construction Unsupported or unreasonable allocation of the Contract Price to any one activity shall be justification for rejection of the schedule of values Upon approval of the schedule of values by the Project Manager it shall be incorporated into the form of Application for Payment prescribed by the Project Manager No payment can be made until the schedule of values with the activity dollar resources has been approved by the Project Manager The Application for Payment shall delineate all activities on the schedule the approved value previous percentage complete approved previous value complete approved current percentage complete requested and value of current percentage requested Application for Payment Application for Payment shall be made no earlier than thirty (30) days after Notice to Proceed and monthly thereafter but not more often than once a month The Contractor shall submit an Application for Payment on the form provided at the pre construction conference The Application for Payment when subm tted shall be filled out accurately and signed by the Contractor covering the Work completed as of the date of the Application and supported by such data as required by the Department If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing the Application for Payment shall also be accompanied by such supporting data as will establish the City s title to the material and equipment and protect its interest therein including applicable insurance The Contractor shall prepare a draft Application for Payment and submit it to the Professional If the Professional determines that the Application is proper the Contractor shall prepare and submit the original Application for Payment (suitable for signature) to the Professional for approval Professional will then forward the original Application for Payment to the Department for processing Retainage All progress payments shall be subject to a ten percent (10 /) retainage For projects whose completion time is more than six (6) months there shall be retained ten percent 100/ until the Work reaches fifty percent 50 / completion When fifty percent (50 /) of the Work is complete and in place (not including stored materials) the Contractor may submit a written request to the Project Manager that no additional retainage be withheld for the remaining Work The Project Manager may approve this request provided however the Work has proceeded to the satisfaction of the Project Manager At any time if in the Director s sole opinion the Contractor is failing to prosecute the Work in accordance with the Contract Documents the Director may reinstate the full ten percent (10 /) retainage Retainage may be increased for deficiencies including but not limited to schedule slippage delinquent submittals or defective work The Director shall retain an amount that the City considers adequate protection of the City and may release all or a portion of any excess amount All remaining retainage shall be requested in the Final Payment after final acceptance of the Work by the City Contractor s Warranty of Title If at any time there shall be evidence of any claim for which if established the City might become liable and which is chargeable to Contractor or if Contractor shall incur any liability to the City or 37 Bid No 6242 t.,s IA 1 General Conditions f the City shall have any claim or demand against Contractor whether or not reduced to judgment or award of any kind or for any reason whether related to or arising out of this Agreement or any other agreement between the Contractor and the City the City shall have the right to retain out of any payment due or which may become due under this Agreement or any other Agreement between the Contractor and the City an amount sufficient to indemnify the City against such claim and/or to compensate the City for and fully satisfy such liability claim or demand and charge or deduct all cost of defense or collection with respect thereto including reasonable attorney fees Should any claim develop after final payment has been made the Contractor shall refund to the City all monies that the latter may be compelled to pay in discharging such claims or incurred in collecting said monies from the Contractor Approval of Payments Applications for Payment that are determined to be proper by the Project Manager will be processed and submitted to the Chief Disbursement Officer within ten (10) calendar days of receipt from the Professional If an Application for Payment is determined to be improper it shall be returned to the Contractor accompanied by a notice which states that it is improper and indicates corrective action to be taken for resubmittal Neither the 10 day review time nor the time associated with returning an improper Application for Payment shall be included in the 30 day penod discussed below Payment for the Work shall be made within 30 days after the date a proper Application for Payment is presented for payment to the Chief Disbursement Officer If payment is not made within the time specified by law interest will be paid to the Contractor in accordance with Florida Statutes 218 74 (4) The Project Manager may refuse to approve the whole or any part of any payment even if previously approved by the Professional if in the Project Manager's opinion he/she is unable to make the representation that the Application is acceptable to the City The Project Manager may also refuse to approve any such Application or because of subsequently discovered evidence or the results of subsequent inspections or tests nullify any such payment previously approved to such extent as may be necessary in the Project Manager s opinion to protect the City from Toss because The Work is defective The Critical Path Method (CPM) schedule or another method of scheduling as directed and regular updates as required in the Division 1 specifications have not been submitted or accepted Claims have been filed against the City for which the Contractor may be liable The Contract Price has been reduced because of Change Order(s) The City has been required to correct defective Work or complete the Work in accordance with Warranty and Guarantee Acceptance of Defective Work The Work was executed unsatisfactorily or the Contractor failed to clean up as required under Work by Others or failed to control traffic or dust or otherwise is not in compliance with these Contract Documents 38 Bid No 6242 General Conditions Evidence that the Work cannot be completed for the unpaid balance of the Contract Failure of the Contractor to promptly pay Subcontractors for labor or materials Substantial Completion When the Contractor believes the Project is Substantially Complete it shall certify in writing to the Professional that the entire Project is Substantially Complete in accordance with the Contract Documents and request the Professional to inspect the Work Thereafter the Professional— assisted by other personnel as required along with the Contractor shall make an inspection of the Project to determine the status of completion If the Professional does not consider the Project Substantially Complete the Professional will notify the Contractor in writing giving specific reasons why the Project is not Substantially Complete If the Professional considers the Project Substantially Complete a Certificate of Substantial Completion may be issued by the City This Certificate shall fix the date of Substantial Completion and will define the remaining deficiencies Warranties for the project or those portions shall commence on the date of Substantial Completion unless otherwise provided for in the Contract Documents Substantial Completion cannot occur until all conditions necessary for safe and proper use occupancy maintenance and operations are in place Partial Utilization The Project Manager may direct the Contractor to permit the City to take control of that portion operate and utilize it when the City believes such use will not significantly interfere with construction of the other parts of the Project If the Contractor is of the opinion that certification of Partial Substantial Completion is not in the City's best interests it shall give written notice of such opinion and include a statement of all reasons why certification should not be issued Otherwise the Contractor shall certify to the City that all critical elements of that part of the Project are Substantially Complete and request the Project Manager to prepare a Certificate of Partial Substantial Completion for that part of the Project Thereafter the Professional assisted by other personnel as required along with Contractor will make an inspection of that part of the Project to determine the status of completion If the Professional considers that part of the Project to be Substantially Complete the Project Manager will deliver to the Contractor a Certificate of Partial Substantial Completion to that effect fixing the date of Partial Substantial Completion as to that part of the Project attaching a list of items to be completed or corrected before final payment of total Contract and fixing responsibility between the City and Contractor for any outstanding obligations on that part of the Project The City shall have the right to occupy and use the portion of the Project after date of Partial Substantial Completion for that portion but the Project Manager will allow the Contractor reasonable access to complete or correct items on the list Acceptance of Partial Substantial Completion shall not negate the Contractor s obligation to meet milestone requirements including Substantial and Final Completion Dates for the entire Project as said dates may have been set forth in the Contract Documents Where Partial Substantial Completion has been established for a portion of the project warranties for that portion shall commence on the date of Partial Substantial Completion unless otherwise provided for in the Contract Documents Final Completion Upon wntten notice from the Contractor that the Project is complete the Professional shall schedule a final inspection with the Contractor and any other personnel requested by the Project Manager The Professional shall notify the Contractor in writing of any Work this inspection reveals g4 -Bid No 6242 General Condi ions to be defective or otherwise not in accordance with the Contract Documents The Contractor shall immediately take such action as may be necessary to remedy such defects and bring the Project into full compliance with the Contract Documents and then request another inspection Final Completion of the Work shall be achieved by the Contractor when all Work required under the Contract Documents has been satisfactorily completed After the Professional has determined that all Work has been completed the City will issue a Certificate of Final Completion for the Work Where Substantial Completion may not be applicable —to the project warranties will commence on the date of Final Completion Application for Final Payment After the Certificate of Final Completion for the Work has been issued by the Project Manager the Contractor may make Application for Final Payment following the procedure for progress payments The Application for Final Payment shall be accompanied by the Contractor s Affidavit of Payment of Debts and Claims Certificate of Final Completion Certificate of Occupancy (if appropriate) and the Consent of Surety to Final Payment and Release of Liens from all subcontractors Approval of Final Payment If on the basis of the Professional s observations and review of Work during construction final inspection and review of the Application for Final Payment (all as required by the Contract Documents) the Professional is satisfied that the Work has been completed and the Contractor has fulfilled all of its obligations under the Contract Documents the Professional shall approve and forward to the City the Application for Final Payment If determined to be proper by the Project Manager within fifteen (15) days after receipt of the Application for Final Payment from the Professional the Project Manager will submit the Application for Final Payment to the Chief Disbursement Officer Otherwise the Project Manager shall retum the Application to the Contractor indicating in wnting the reason for refusing to approve for final payment in which case the Contractor will make the necessary corrections and resubmit the Application to the Professional Contractor s Continuing Obligation The Contractor s obligation to perform the Work and complete the Project in accordance with the Contract Documents shall be absolute Neither approval of any progress or final payment the issuance of a Certificate of Substantial Completion any payment by the City to the Contractor under the Contract Documents any use or occupancy of the Project or any part thereof by the City the issuance of a Certificate of Final Completion any act of acceptance by the City any failure to do so nor any correction of defective Work by the City shall constitute an acceptance of Work not in accordance with the Contract Documents Waiver of Claims The making and acceptance of final payment shall constitute a waiver of any and all claims by the Contractor against the City except for those previously submitted in writing in accordance with the Contract Documents 40 ti Bid No 6242 General Conditions Suspension of Work and Terminaiton ( Suspension of Work The Director may at any time suspend the Work or any portion thereof for a continuous period of not more than sixty (60) days by notice in writing to the Contractor The Project Manager shall fix - the date on which Work shall be resumed -and the Contractor shall resume the Work on the date — so fixed The Contractor shall be allowed an extension of the Contract Time if directly attributable to any suspension as the sole compensation and remedy for such suspension provided it makes a proper claim for same as provided for under Change of Contract -Time Contractor shall not be entitled to any damages or additional compensation for any such suspensions Termination of Work If the Contractor is adjudged bankrupt or insolvent if it makes a general assignment for the benefit of its creditors if a trustee or receiver is appointed for it or for any of its property if rt files a petition to take advantage of any debtor s act or to reorganize under the bankruptcy or similar laws if it repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment or make prompt payments to Subcontractors or for labor materials or equipment if it disregards laws ordinances rules regulations or orders of any public body having jurisdiction if it fails to submit the bonds and Certificates of Insurance within the times required by Article 6 of this Agreement rf it disregards the authority of the Professional or if it otherwise materially violates any provisions of the Contract Documents then the City may without prejudice to any other nght or remedy and after giving the Contractor and its Surety seven (7) days wntten notice terminate the services of the Contractor Upon termination the City shall take possession of the Project and may take possession of all materials equipment tools construction equipment and machinery thereon owned by the Contractor and finish the Work by whatever method it may deem expedient In such case the Contractor shall not be entitled to receive any further payment until the Work is completed If the unpaid balance of the Contract Price exceeds the direct and indirect cost of completing the Project including compensation for additional professional services such excess shall be paid to the Contractor If such cost exceeds the unpaid balance the Contractor shall pay the difference to the City Such cost incurred by the City shall be incorporated in a Change Order If after notice of termination of this Agreement as provided for herein it is determined for any reason that the Contractor was not in default or that its default was excusable or that the City was not entitled to the remedy against Contractor provided herein the termination will be deemed to be a termination for convenience pursuant to Termination for Convenience and the Contractor s remedies against the City shall be the same as and limited to those afforded thereunder Where the Contractor s services have been so terminated pursuant to above by the City said termination shall not affect any rights of the City against the Contractor then existing or which may thereafter accrue Any retention or payment of monies by the City due the Contractor will not release the Contractor from liability Termination for Convenience The performance of Work under this Agreement may be terminated by the City in accordance with this clause in whole or from time to time in part whenever the City shall determine that such termination is in the best interest of the City Any such termination shall be effected by delivery to the Contractor of a Notice of Termination for convenience specifying the extent to which performance of work under the Agreement is terminated and the date upon which such termination becomes effective 41 Bid No 6242 General Conditions After receipt of a Notice of Termination for Convenience and except as otherwise directed by the City the Contractor shall Stop Work under this Agreement on the date and to the extent specified in the Notice of Termination for Convenience Place no further orders_or_subcontracts for materials services_or facilities except as may be necessary for completion of such portion of the Work under this Agreement as is not terminated — — Terminate all orders and subcontracts to the extent that they relate to the performance_of_Work terminated by the Notice of Termination for Convenience In the sole discretion of the City the Contractor shall either assign to the City in the manner at the time and to the extent directed by the Project Manager all of the right title and interest of the Contractor under some or all of the orders and subcontracts so terminated or settle all outstanding liabilities and all claims arising out of such termination of nonassigned orders and subcontracts Transfer title and deliver to the City in the manner at the times and to the extent if any directed by the Project Manager the fabricated or unfabncated parts work in process completed work supplies and other matenal produced as a part of or acquired in connection with the performance of the Work terminated by the Notice of Termination for Convenience Complete performance of such part of the Work as shall not have been terminated by the Notice of Termination for Convenience Take such action as may be necessary or as the City may direct for the protection and preservation of the property related to this Agreement which is in the possession of the Contractor and in which the City has or may acquire an interest After receipt of a Notice of Termination for Convenience the Contractor shall submit to the City its termination claim Such claim shall be submitted promptly but in no event later than four (4) months from the effective date of termination unless one or more extensions in writing are granted by the Director No claim will be allowed for machinery and equipment rental expense incurred after the effective date of the Notice of Termination for Convenience Upon failure of the Contractor to submit its termination claim within the time allowed the City shall determine on the basis of information available to it the amount if any due to the Contractor by reason of the Termination for Convenience The Contractor and the City may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of Work pursuant to this clause which amount or amounts may include a reasonable allowance for profit on Work done provided that such agreed amount or amounts exclusive of settlement costs shall not exceed the total Contract Pnce as reduced by the amount of payments otherwise made and as further reduced by the Contract Pnce of Work not terminated The Agreement shall be amended accordingly and the Contractor shall be paid the agreed amount 42 Bid No 6242 General Conditions In the event of the failure of the Contractor and the City to agree as provided above on the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this Article the City shall determine on the basis of information available to it with respect to all Work performed prior to the effective date of the Notice of Termination for Convenience the total (without duplication of any items) of the cost of such work and a sum as profit equal to seven (7) percent of said cost of the Work provided however that rf it appears that the Contractor would have sustained a loss on the entire Contract had it been completed no profit shall be includedoLallowed under this clause and an appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated rate of loss In no event will the Contractor be entitled to recover any anticipated or lost prat— The rofit The total sum to be paid to the Contractor shall not exceed the total Contract Price as reduced by the amount of payments otherwise made and as further reduced by the Contract Price of Work not terminated Except for normal spoilage and except to the extent that the City shall have otherwise expressly assumed the risk of loss there shall be excluded from the amounts payable to the Contractor the fair value as determined by the City of property which is destroyed lost stolen or damaged so as to become undeliverable to the City In arriving at the amount due the Contractor under this clause there shall be deducted (1) payments on account theretofore made to the Contractor applicable to the terminated portion of this Agreement (2) any claim which the City may have against the Contractor in connection with this Agreement and (3) the agreed pnce for or the proceeds of sale of any matenals supplies or other things kept by the Contractor or sold pursuant to the provisions of this clause and not otherwise recovered by or credited to the City Miscellaneous All specifications drawings and copies furnished by the City shall remain the City s property They shall not be used on another Project and with the exception of those sets which have been signed in connection with the execution of the Agreement shall be returned to the City upon completion of the Project Should the City or the Contractor suffer injury or damage to its person or property because of any error omission or act of the other or of any of their employees agents or others for whose acts they are legally liable claim should be made in wnting to the other party within a reasonable time of the first observance of such injury or damage Pending resolution of any claim or dispute between the City and Contractor unless otherwise agreed in writing the Contractor shall proceed diligently with Performance of the Work as directed by the City and the City shall continue to make payments in accordance with the Contract Documents Historical or Archaeological Deposits If during the course of construction evidence of deposits of historical or archaeological interest is found Contractor shall cease operations affecting the find and shall notify the Project Manager who shall notify the Regional Office of the Environmental Protection Agency and the State Historic Preservation Office No further disturbance of the deposits shall ensue until Contractor has received written instructions from the Project Manager The Project Manager will issue written instructions only after the state office has surveyed the find and made a determination to the Environmental Protection Agency and County Compensation to Contractor if any for changes 43 sz.M.ryri.4100"YF':C'C0'"ICr?iu Atn�r,1F!`�"r•''A. #i�vtS'�F"S CYi:14"ArAilllti.V4114.4riMVPAIrei,Vg.s. ''.F 1, .'•a ?�•.; Bid No 6242 fAtt?,%.toT�•s3+i�M'!!r!°+ fi-.ii!. '?4`�K.14.41 i1 iyr 0! General Conditions in construction shall be determined in accordance with changed conditions or change order provisions of the Contract Documents provided however in no event will the Contractor be entitled to damages or additional compensation for any delays incurred the Contractor s sole remedy being to seek an extension to the Contract Time pursuant to the provisions of the Contract Documents Maintenance of Records--- — MAPPlr The Contractor shall keep adequate records and supporting documentation applicable to this Project and Agreement Said records and docurrmentationshall be retained by the Contractor for a minimum of five (5) years from the date of final completion or termination of this Agreement The City shall have the right to audit inspect and copy all such records and documentation as often as the City deems necessary during the period of this Agreement and for a period of five (5) years thereafter provided however such activity shall be conducted only during normal business hours The City during this period of time shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of the Contractor as concerns the aforesaid records and supporting documentation Apprentices and Trainees When apprentices and trainees are utilized by the Contractor on the Work pursuant to this Agreement the behavior of the Contractor shall be governed by the provisions of Chapter 446 Florida Statutes Indemnification The Contractor shall indemnify and hold harmless the City and its employees and agents against all liabilities claims suits demands damages losses and expenses including attorney s fees ansing out of or resulting from the performance of the Work provided that any such liability claim suit demand damage Toss or expense (a) is attributable to bodily injury sickness disease or death or injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by an act or omission of the Contractor any Subcontractor anyone for whose acts any of them may be liable whether or not it is caused in in part by the negligence or other fault of a party indemnified hereunder AA r 446:1,1:1,4.,'`, '.MF;4-,2,4•si ,44.:Alk'+,+i .;+�. `` }d`. `. 1.4": •1.4", :'•'�l::z..-1+": "1'.,•?tifii.+n:� M".'2.°.`Nc ,c :y!'!."'-�:.,,i :h-•'.�.. �\• �T �i�Re '..A''s i pti'rxvGt t .4;4'A'G^.firk Special Conditions Intent The intent -of the City of St -Petersburg is to -solicit competitive sealed bids for an annual contract for sanitary sewer cleaning General Information The construction work called for within this bid package involves work for the City of St Petersburg as Owner Firms submitting bids on this project are cautioned to carefully follow the instructions of this section so as to help ensure that their bids are responsive to the requirements as presented herein Pre bid Conference A pre bid conference will be held to allow potential bidders an opportunity to present questions to staff and obtain clarification of the specifications of the bid documents The pre bid conference is an important portion of the bidding process and all vendors are urged to attend Completeness of Bid Package The physical makeup and content of the contract documents are designed to be complete for the preparation and submittal of bids However the bidder shall verify to its own satisfaction that all material issued him including Amendments is complete Should the bidder discover that a page sheet or other item is missing he shall so notify the Purchasing and Materials Management Department and the missing item(s) will be forwarded to the bidder After the bids have been submitted no claims of ignorance of the requirements of bidding or of construction due to ignorance of the requirements of bidding or of construction due to such missing matenal including Amendments will be recognized Delivery of Bids Bidders will submit one onginal and four (4) copies of their bid Bids will be received until the time and date specified in the Invitation for Bids Bids received after the time and date specified will not be considered Non exclusive Contract Award of this contract shall impose no obligation on the City to utilize the vendor for all services of this type which may develop during the contract period This is not an exclusive contract The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such action to be in the City s best interest Performance Bond The successful Contractor and/or equipment supplier shall furnish a performance bond executed by a surety company duly authorized to do business in the State of Florida which shall be counter signed by an agent for the company resident in the State of Florida The amount of the bond shall be equal to one hundred percent (100 /) of the estimated contract price as security for the faithful w.6; hsxR 7f 4 d Bid No 6242 Special Conditions performance of this contract and as security for the payment of all persons performing labor and furnishing materials in connection with this contract The surety shall have a rating classification of B+ and a financial category of Class IV as evaluated in the current Best s Key Rating Guide Property Liability In lieu of a performance bond the bidder may submit an irrevocable letter of credit cash certified check treasurer s or cashier s check issued by a responsible bank or trust company payable to the City of St Petersburg !� Contract-Period— The contract will be effective from date of award through January 31 2005 Extension of Contract The City reserves the right to extend the contract under the same terms and conditions for four (4) one year periods from date of expiration provided such extension is mutually agreeable to both the City and the Contractor The unit prices shall be negotiated based on the 20 Cities Average Cost Index for Common Labor (CC) as published in the Market Trends section of Engineering News Record for the contract period Specifications Bidders should submit any information and drawings in support of their bids Bidders will also submit a complete list of materials that will be used in this project Bidder s Responsibility to the Project The submission of a bid will constitute an incontrovertible representation by the bidder that he has or will comply with all provisions of the contract documents and that the contract documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for the performance of the work and that the bidder has thoroughly reviewed the plans and specifications and has included all required labor and material in his bid Conflicts in the Documents Should any particular requirement in the plans and/or specifications for the project appear to a bidder to be in disagreement with other requirements in the contract documents or if a bidder is unsure of the intent or meaning of any particular requirement of the contract documents the bidder shall immediately notify the City If such notifications are received by the City seven days prior to the bid opening the City will if deemed by the City to be warranted issue a written clarification or an Amendment to all parties recorded by the City as having received the bid documents Qualification of Contractor The prospective Contractor must be approved in wnting by the Water Resources Department prior to award of the contract The Contractor shall provide any information or documentation which the Water Resources Department may require as proof of the Contractor s capability to perform the type of work specified herein Minimum requirements for approval by the Water Resources Department are as follows v::; Bid No 6242 '•M Special Conditions The Contractor shall possess a State of Florida Underground Utility Contractor License (provide a copy) The Contractor have_an _established local office within Pinellas County or a contiguous county to Pinellas County in order to serve the City of St Petersburg through project oversight problem resolution and emergencies The Contractor shall document their firm has cleaned a minimum of 600 000 ft of large diameter pipe (18 or larger) The Contractor shall document their equipment and ability to televise sewer lines The Contractor shall have been engaged in the business and shall have been performing work of a similar type magnitude and difficulty for a period of not less than five (5) years within the State of Florida The Contractor shall provide with their references a list of at least three projects of similar complexity which have been successfully completed by the Contractor during the past three (3) years within the State of Florida This documentation shall include the location job name contact with telephone number dates and a project description The Contractor s main office and equipment shall be located in Pinellas County or a contiguous County to Pinellas County to provide consistency of service follow up and minimize disruptions including mobilization and de mobilization Prior Approval of Subcontractors No part of the Contract shall be sublet without the written approval of the Owner If the Contractor should sublet any part of this Contract the Contractor shall be as fully responsible to the Owner for acts and omissions of his Subcontractor and of the persons either directly or indirectly employed by his Subcontractor as he is for the acts and omissions of persons directly employed by himself The percentage of work subcontracted shall not exceed 75 / of the total contract work Firm Prices The bidder warrants that prices terms and conditions quoted in the bid are firm for the contract period as stated in the Invitation for Bid Estimated Quantities These estimated quantities are given only as a guideline for preparing the bid and should not be construed as representing actual quantities to be purchased under this contract FOB Point All prices quoted by the bidder shall be F 0 B destination with all delivery costs and charges for equipment necessary to perform work included in the bid price �11`��'�ii:��r= x;.,�$i���•t,'*E�ie:.,�+1�'&•�r�v.y�i4� „ni r�.�rK�fi Bid No 6242 4;.ali4,.,i+�. Sly,�.�:{ntyfrr4. €r;"11:, �a•i - e .4"1:44 as : rr,;r.. a r:0*441.414-1,-,,:10`',3, Special Conditions Holidays If the contractor chooses to work on a designated City holiday the contractor will reimburse the City $400 to cover the costs of providing a City Inspector A list of current City holidays will be provided to the successful contractor Sanitary Sewer Overflow Sanitary sewer overflow resulting from work performed by the contractor will be reported to the Water Resources dispatcher immediately (727 892 5647 727 892 5650) The contractor will also electronically notify the Florida Department of Environmental Protection within 24 hours of the overflow The City will provide the notification form The City reserves the right to hold the contractor responsible for any and all costs and fines associated with the overflow clean up Bid Guarantee A bid guarantee in the amount of five percent of the bid amount shall be submitted with the bidder's proposal The bidder may submit a bid guarantee in a form satisfactory to the City with a surety company qualified to do business in the State of Flonda and conditioned upon faithful performance by the principals of the agreements contained in the bid In lieu of a bid bond the bidder may submit an irrevocable letter of credit cash certified check or a treasurer s or cashier s check issued by a responsible bank or trust company payable to the City of St Petersburg The bid deposit shall be paid into the funds of the City of St Petersburg Florida as liquidated damages if the bidder fails to execute the wntten contract and furnish the required contract security bond within 10 working days following written notice of the award of the contract The cash certified check treasurer s or cashier s check of the unsuccessful bidders will be returned to the parties submitting same after the execution of a contract or in the event that all the bids are rejected Performance Bond The successful contractor and/or equipment supplier shall furnish a performance bond executed by a surety company duly authorized to do business in the State of Florida which shall be counter signed by an agent for the company resident in the State of Florida The amount of the bond shall be equal to one hundred percent (100 /O) of the estimated contract puce as security for the faithful performance of this contract and as security for the payment of all persons performing labor and furnishing materials in connection with this contract The surety shall have a rating classification of B+ and a financial category of Class IV as evaluated in the current Best s Key Rating Guide Property Liability In lieu of a performance bond the bidder may submit an irrevocable letter of credit cash certified check treasurer s or cashier s check issued by a responsible bank or trust company payable to the City of St Petersburg Delivery of Bids Each bid shall be submitted in a sealed envelope plainly marked as required in the Invitation for Bids addressed to the Purchasing Director for the City of St Petersburg Florida Bids will be received at the Office of the Purchasing Director City of St Petersburg as stipulated in the 1114 7:iM'bk" C 4M F.� is:EA d. tie(i eihi' 440rAri $Fy'kloliar,5ii141 Bid No 6242 Special Conditions Invitation for Bids until the time and date specified in the Invitation for Bids Bids received after the time and date specified will not be considered Bid Form Bids shall be made upon the forms supplied by the office of the Purchasing Director City of St Petersburg Florida Each bidder must state in their bid the price for which they will perform the work as required by the plans and specifications - Signature on Bids Each bidder shall sign their bid with a full name and address at all locations as indicated In cases where a firm or corporation submits a bid the bid shall be signed with the full name of one member of the firm or by the name of the officer or officers authorized by its by laws Basis of Bid Prices The drawing and specifications together with any modifications of either or both which are furnished to prospective bidders during the advertising period shall become the basis of the agreement Unless otherwise provided in the contract documents the contractor shall provide and pay for all labor materials equipment tools construction equipment and machinery water heat utilities transportation and other facilities and services necessary for the proper execution and completion of the work whether temporary or permanent and whether or not incorporated or to be incorporated in the work including the costs incurred by the contractor in complying with all the provisions and requirements of these contract documents Each unit price will be deemed to include an amount considered by the contractor to be adequate to cover the contractor s overhead and profit for each separately identified item Bid Preparation Bids shall be legibly written in ink or typed All applicable pages of the bid shall be completed All prices for lump sum or unit price work shall be given in numerals For unit price items bidders shall fill in the unit price bid for each item and shall also make an extension based on the estimated quantities Bid prices shall be entered on the Invitation for Bid forms unless directed otherwise on the bid Failure to complete the Invitation for Bid forms may render the bid non responsive Amendments If in the judgement of the Purchasing Director an Amendment is required to modify add to or delete from the contents of the plans and/or specifications a copy of such will be properly distributed to all plan holders All amendments shall become part of the contract documents No other interpretations or clarifications issued prior to the bid opening shall have legal effect Acknowledgment of receipt of all amendments shall be noted on the bid in the section provided Jc`�•iL�ittACa�'^07 J'7 • Bid No 6242 tj7 `:•:6)34Atc. L. Special Conditions The sole obligation of the Purchasing Director with respect to distribution of amendments is to ensure that a copy of each amendment is sent to all parties recorded by the City as having received copies of the contract documents Each bidder shall bear the responsibility to satisfy themselves prior to submitting the bid that the bid is responsive to all amendments issued Failure to receive or acknowledge any amendments shall not release the bidder from all obligations contained in such amendment —Period Bid Remains in Effect Bids for the work covered by this contract may be held by the City for a period of 90 days after receipt of bids and shall continue in full effect and not be subject to withdrawal during that period until a contract has been executed with a bidder If no contract has been executed within the 90 day period any bid may be withdrawn or nullified by either party or be deemed to be confirmed and extended in time for as long as permitted by the proposers thereof Bid Opening Bids received pnor to date and time of bid opening will be securely kept unopened until specified time at which time all bids will be publicly opened and read aloud The City cannot be held responsible for the premature opening of any bid not properly marked as required in Invitation for Bids Correction of Mathematical Errors Where there is conflict between the unit bid price and the extension thereof made by the bidder the unit pnce will prevail Acceptance or Rejection of the Bids The City of St Petersburg reserves the nght to accept or reject any or all bids Any bid which is incomplete conditional obscure or contains irregularities of any kind may at the City s discretion be considered irregular and may be cause for rejection of the bid Acceptance of the bid will not constitute acceptance or approval of equipment and/or materials and their acceptance for use in the project will be based upon shop drawings and other submittals Failure to meet the requirements will render the bid non responsive Disqualification of Bidders Each bidder by submitting his bid states that neither he nor his agents nor any other party for him has paid or agreed to pay directly or indirectly to any person firm corporation or employee of the City any money or valuable consideration for assistance in procunng or attempting to procure the contract herein referred to and further agrees that no such money or reward will be hereafter paid A bid will be rejected if the contractor s references as listed in the vendor questionnaire do not confirm that the contractor can perform the work required does not have adequate resources or does not possess the required expe ience Any or all bids 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 bids for the same work 44ci:t Yn ::`' C,l[ 'iSr ,~!::pM:,� ,•a:d'{Rix�aAf++:IIF f�' J.;.#SR y'a' 4.N 1a,Z Bad No 6242 "�. Special Conditions Right to Waive Informalities The City reserved the right to waive any and all informalities or irregularities or to clarify contract terms with the lowest responsible bidder and to disregard all nonconforming nonresponsive or conditional bids if such a waiver rs in the best interest of the City — Award of Contract Contracts will be awarded to the lowest responsible responsive and qualified bidder The criteria to determine the lowest responsible responsive and qualified bidder shall include 1 Price 2 Compliance with specifications 3 Financial ability to perform the contract 4 Integrity trustworthiness and honesty 5 Skill judgement and experience 6 Promptness whether the contract can be performed within the required time or without delay 7 Performance of previous satisfactory work including the fulfillment of warranties 8 Availability of the necessary facilities and equipment to perform the work 9 Special factors such as compliance with laws and ordinances relating to the contract In awarding any contract the City Council may reject any bid determined by the City Council not be the Crty s best bid The Crty may award individual contracts for each group or more than one group to a single bidder Bidders may bid all or individual groups but are required to bid all items in each group The contract may be awarded by group or total whichever is in the best interest of the City City Responsibility The Water Resources Department will be responsible for notifying the vendor when services are required and for providing the location and address The City will be responsible for providing access to the work site Site Inspection Before an award is made the City may make a site inspection to the Contractor to inspect his equipment The City also reserves the right to made additional site inspections at any time during the contractor x.. vry Bid No 6242 I '""' .` i tli:t. 714.1. : "^v:y0iv=ya Special Conditions Liens Neither the final payment nor any part of the retained percentage shall become due until the contractor shall deliver to the City a complete release of all hens arising out this contract or receipts in full in lieu thereof The contractor shall furnish an affidavit that so far as he has knowledge or information the releases and receipts include -ail the labor and -materials for which a lien could be filed The contractor may if a subcontractor refuses to furnish release or receipt - in full -furnish a bond satisfactory to the.City_tosdemnrfy the City against loss due to any such hen or liens If any hen remains unsatisfied after all payments are made the contractor shall refund the City all monies that the latter may be compelled to pay in discharging such hens including all costs and attorneys fees Insurance Requirements The City of St Petersburg has the following minimum requirements for insurance coverage while on City owned property 1 A Commercial General Liability (CGL) in occurrence form written by a firm that is authorized to conduct business in the State of Florida and recognized by the State of Florida Insurance Department Insurance company must have at least an A rating from A M Best or a similar rating service 2 Minimum Limits A $1 000 000 per occurrence B $2 000 000 per aggregate ($1 000 000 at minimum) C Products Completed Operations included D $100 000 Fire Damage E $5 000 Medical Payments 3 Workers Compensation and Employers Liability A Per State of Flonda Statutory requirements B $100 000 each accident $100 000 per employee for disease and for all diseases 4 Automobile Liability A $1 000 000 Combined Single Limit 5 All Policies Must include the City of St Petersburg its officers agents employees and volunteers as Additional Insured under the liability policies All contractors shall hold the City harmless from any actions brought against the contractor due to negligence omission or wrongdoing of the contractor or any of its representatives All coverages/certificates are to be in effect dunng the time the contractor is working on the City s premises and must be provided to the Purchasing Department prior to the date the work begins Certificates of Insurance shall be executed on a standard ACORD form .y. Bid No 6242 Special Conditions Licenses and Permits Services performed for the City will require licenses and permits in the same manner as private construction projects within the City The contractor shall secure at his expense all licenses and permits (including impact fees) and shall comply with all applicable laws regulations and codes as required by the State of Florida or by the City of St Petersburg Permit fees for general construction grounds improvement and electrical plumbing mechanical and gas work are on file at the Construction Services and Permitting Division 1st Floor -Municipal Services Center One 4th Street North St Petersburg Florida 33701 727 893 7231 The contractor and/or equipment supplier must fully comply with all federal and state laws county and municipal ordinances and regulations in any manner affecting the prosecution of the work The vendor will state his occupational license number and expiration date on the attached Vendor Questionnaire Performance The contractor will be responsible for performing the work necessary to meet City standards in a safe neat and good workmanlike manner using only generally accepted methods in carrying out the work and complying with all federal and state laws and all ordinances and codes of the City relating to such work Damage The contractor shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work Should any public or private property be damaged or destroyed the contractor at his expense shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time (Not to exceed one month from date damage was done ) Utilities Prior to construction the contractor shall familiarize himself wrth the location of all existing utilities and facilities within the work sites Should damage or structural weakening occur to such items through negligence on the part of the contractor immediate corrective measures shall be taken by and at the expense of the contractor as directed by the City Responsibility for Work Until the acceptance of the work by the City it shall be under the charge and care of the contractor and he shall take every necessary precaution against injury or damage to any part thereof by action of the elements or from any other cause whatsoever arising from the execution or nonexecution of the work The contractor shall rebuild repair and make good at his own expense all injuries or damages to any portion of the work occasioned by any cause before its completion and acceptance by the City Examination of Work The City shall be furnished with every means to verify whether or not the materials and work are in accordance with the requirements and intent of these specifications Failure to reject or 7.. mW • "jry•;T. y' 40,11 .+-' �t.Y vel Bid No 6242 Special Conditions condemn defective work at the time it is done will not prevent its rejection whenever it is discovered before the project is finally approved and accepted Contractor to be Represented The Contractor at all times must either be personally present at the worksite of be represented at the worksite by a responsible agent or agents designated by the Contractor in written notice to the City prior to the beginning of work Such notification shall include pertinent data such as addresses phone numbers etc where said agent or agents may be contacted at any time of the day or night The agent or agents shall be clothed with full authority to act for the Contractor in all cases and to carry out any instructions relative to the work may be given by the City Public Convenience and Safety The Contractor shall conduct his work so as to interfere as little as possible with pnvate business or public travel He shall at his own expense whenever necessary or required maintain barricades maintain lights and take such other precautions as may be necessary to protect Irfe and property and he shall be liable for all damages occasioned in any way by his actions or neglect or that of his agents or employees The Contractor shall meet the following noise abatement performance standards for all construction equipment Between the hours of 7 00 A M and 6 00 P M noise levels shall not exceed 80 dBA at the nearest residential or commercial property line Operation of equipment should be avoided between the hours of 6 00 P M and 7 00 A M but if required the noise level shall not exceed 65 dBA Use of Premises The Contractor shall confine his equipment apparatus the storage of matenals and the operation of his workmen to the limits indicated by law ordinances permits or direction of the project manager and shall not unreasonably encumber the premises with his materials The Contractor shall take all measures necessary to protect his own materials Purchase Orders A blanket purchase order will be issued by the Purchasing and Materials Management Department for the term of the contract Requests for sanitary sewer cleaning services will be placed by the using department on an as needed basis The using department will furnish the Contractor with a blanket purchase order number blanket purchase order release number name of department name of person placing the order date of request and description of services Acknowledgment Within 10 work days of receipt of the blanket purchase order the Contractor shall submit to the City an Acknowledgment of Order' form RY Bid No 6242 Special Conditions Instructions to Contractors After receiving a request for service the Contractor must Provide service and ensure that a copy of the invoice or other documentation including _ prices is provided to Water Resources Department Prepare an invoice in duplicate The invoice should include the following -blanket purchase— order number blanket purchase order release number including the Water Resources Department the name of the person placing the order date of service description of service number of hours worked hourly rate cost of material extension(s) and total At the end of each billing period the Contractor will submit to the Water Resources Department a statement listing all of the invoice numbers and dates accompanied by anginal invoices Billing 1 The Contractor shall bill the City monthly 2 All bills shall be in duplicate and shall be accompanied by a statement summarizing all transactions for the month The Contractor must inform the Purchasing Department of his billing cycle with respect to monthly cut off date 4 Contractor must furnish a copy of the correct pnced invoice in accordance with the prices at the time and place of service 5 All invoices must show hours worked labor rate and cost of matenal 6 Payment will be based on measurement and payment as described in this Bid Instructions to the User Department Upon completion of service from the Contractor the user department must 1 Inspect the service rendered 2 Verify the accuracy of the invoice 3 Note any discrepancies on the invoice At the end of each monthly billing period the Water Resources Department must 1 Prepare a report of partial payment including the following summary information blanket purchase order number invoice number(s) total of each invoice and total 2 Attach the invoice(s) to the partial receiving report and forward them to the Accounting Department f •: -e^!a• Bid No 6242 1 Special Conditions Correcting Discrepancies Discrepancies must be adjusted by the user department Services that are to be rejected will be crossed off the invoice to ensure that only acceptable services are paid for Rejected services will be either canceled by the user department or corrected Payment The Contractor upon completion of the work at each job site will submit an invoice in duplicate to the Water Resources Department for services rendered and accepted less deductions if any Payment will be made on partial services accepted by the City Cash Discounts In connection with any cash discount offered time will be computed from date of service at destination or from the date the correct invoice is received in the Water Resources Department Payment is deemed to be made for the purpose of earning the discount on the date of mailing of the City check Taxes The City of St Petersburg is exempt from any taxes imposed by the State and/or Federal Government Exemption certificates will be provided upon request Termination of Contract The City of St Petersburg reserves the right to terminate this contract with 60 days written notice if 1 The Contractor is determined by the City to be in breach of any of the terms and conditions of the contract 2 The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience or 3 Funds are not available for this service The City s obligation is contingent upon the availability of appropnate funds Compliance with Orders and Laws Bidders Contractors and concessionaires shall comply with all local state and federal directives orders and laws as applicable to this bid and subsequent contracts including but not hmrted to 1 Executive Order 11246 whish prohibits discrimination against any employee applicant or client because of race creed color national ongin sex or age with regard to but not limited to the following employment practices rate of pay or other compensation methods and training selection 2 Occupational Safety and Health Act (OSHA) st«....MUAu 4444.4ea..n. x: .. 44.144'W4 e...t� 4. Bid No 6242 Special Conditions 3 The State of Florida Statutes Section 287 133(3) (A) on Public Entity Crimes Non compliance with all local state and federal directives orders and laws may be considered grounds for termination of contract(s) Inspections All work Will be -inspected -and -approved by the City project manager before payment is issued All work will be inspected by the City Construction Services and Permitting Division when applicable Public Entity Crimes A person or affiliate who has been placed on the convicted Contractor list following a conviction for a public entity cnme 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 penod of 36 months from the date of being placed on the convicted Contractor list Disputes and Complaints All complaints or grievances should be first submitted orally or in writing to the Director of Purchasing and Materials Management who will take prompt remedial action The Director of Purchasing and Materials Management shall investigate the validity of the complaint and present the findings in writing to the Contractor If the Contractor is dissatisfied with the Director of Purchasing and Materials Management s remedies he may then make an appeal to the Mayor Method of Award for Small and Disadvantaged Businesses The award will be made to the certified responsible and responsive bidder(s) offering the lowest Evaluated Bid Price (EBP) for the total bid as defined below The Evaluated Bid Price will be calculated based on the following scale using the following formula _ Bid Price X Discount = EBP The following scale will be used 15 /o on low bids from 0 $1 500 10 / on low bids from 1 500 19 999 9 /0 on low bids from 20 000 39 999 8 / on low bids from 40 000 59 999 7 / on low bids from 60 000 79 999 6 /a on low bids from 80 000 99 999 5 / on low bids from 100 000 149 999 4 / on low bids from 150 000 249 999 3 /o on low bids from 250 000 499 999 2 / on low bids from 500 000 999 999 1 / on low bids from 1 000 000 or more For example rf 10 percent applied Example $18 450 X 90 = $16 425 This discount will be used for bid evaluation purposes only The cntena for determining a small business or disadvantaged business is as follows A Small Business as defined by the City Procurement Code as a local business which is independently owned and which is not dominant in its field of operation or an affiliate or subsidiary of a business dominant in its field of operation The small business must also comply with the following 1 The business must serve a commercially useful function 2 The business must be principally domiciled in the city limits of St Petersburg 3 The business must together with affiliates be eithera service provider construction agency or non manufacturer 4 The annual sales and number of employees of the business does not exceed the per industry amounts which are included on the Affidavit for Claiming Status as a Small Business' 5 The business must be certified by the City s Business Assistance Division as a Small Business Enterprise To be considered as a small business bidders must be certified and complete the affidavit included with this bid package and submit it with your bid response A Disadvantaged Business as defined by the City Procurement Code is a small business which is at least 51 percent owned and controlled by one or more individuals who are 58 Petr..7* `Nri ' £a1=.:riw. -,;:i .✓r-, ' :s,. ?..i :'wi^• .':t" �. .'."s,.,�,il "`F:' r "a. z..;., �.r':.=�a:. :-a3 =e'.`: -- ' Bid No 6242 Method of Award for Small and Disadvantaged Businesses socially and economically disadvantaged or in the case of a corporation in which 51 percent of the stock is owned by one or more such individuals These owners will not be limited to members of minority groups and shall be required to document their personal net worth of Tess than two hundred and fifty thousand dollars ($250 000) except owners of —construction companies_shalLbe required to document a personal net worth of Tess than seven hundred and fifty thousand dollars ($750 000) in order to demonstrate that they are in fact socially and economically disadvantaged The disadvantaged business must also comply with the following- -- 1 The business must serve a commercially useful function 2 The business must be principally domiciled in the city limits of St Petersburg 3 The business must be a service provider construction agency or non manufacturer with 50 or fewer employees 4 The business must have annual gross receipts that do not exceed two million five hundred thousand dollars ($2 500 000) and 5 The business must be certified by the City's Business Assistance Division as a Disadvantaged Business Enterpnse Personal Net Worth The net value of the assets of an individual remaining after total liabilities are deducted An individual s personal net worth does not include the individual s ownership interest in an applicant or participating DBE firm or the individual s equity in his or her primary place of residence An individual s personal net worth includes only his or her own share of assets including those held jointly or as property with the individual s spouse In addition bidders are also required to complete and return with their bid the Affidavit for Claiming Status As A Disadvantaged Business' A copy of that affidavit is also included wrth this bid package The City will not discount bids submitted by businesses that are not certified and do not qualify as small businesses in accordance with the City s definition and size standards The EBPs for businesses which do not qualify as small businesses shall be the same as the bid prices offered by those businesses The EBP is being used for evaluation purposes only Awarded price shall be the same as the bid price Bidder Registration If the successful bidder is not registered with the City as a vendor the bidder will be required to complete a City vendor application in order to be awarded the bid If the awarded bidder does not return the completed application to the City within 48 hours of its being sent to the bidder the City may determine that the bidder shall be deemed nonresponsive and not be considered for an award jt„n+tt,44. r'•.:..'r , ,ys:,?ar..'v;.as.ip:...ts CITY OF ST PETERSBURG AFFIDAVIT FOR CLAIMING STATUS AS A SMALL BUSINESS Name of Firm Certification No Expiration Date Occupational License No Expiration Date BIDDERPROPOSER, AFTER BEING FIRST DULY SWORN AFFIRMS THAT IT ISA CERTIFIED SMALL BUSINESS AS DEFINED BY THE CITY OF THE CITY OF ST PETERSBURG COUNTY OF PINELLAS FLORIDA AND THE REGULATIONS THERETO AS DEFINED IN SECTION 2 239 OF THE CITY OF ST PETERSBURG PROCUREMENT ODDE. SmaII Business means a local business which is independently owned and which is not dominant in its field of operation or an affiliate or subsidiary of a business dominant in Its field of operation SmaII Businesses are those which meet the crdena established by (Section 2 240) and whose annual sales and number of employees does not exceed the per industry amounts set forth below Industry Annual Sales Volume No of Employees Agnculture Forestry Fishing $ 500 000 9 or Tess Mining $1 000 000 49 or less Construction $2 500 000 19 or Tess Manufactunng 51 000 000 99 or less Wholesale Trade $1 000 000 19 or less Retail Trade $ 500 000 9 or Tess finance Insurance Real Estatc. $ 500 000 5 or less Transportation Commerce and Utilities $ 500 000 9 or less Sernce Industry $ 500 000 9 or less Further in order to be considered a small business 1 The business must serve a commercially useful function 2 The business must be pnnapally domiciled in the city limits of St Petersburg 3 The business must together with affiliates be either a service provider construction agency or non manufacturer 4 The annual sales and number of employees of the business does not exceed the per industry amounts set forth above 5 The business must be certified by the Business Assistance Division BIDDER BASES ITS CLAIM OF SMALL BUSINESS STATUS ON BEING CERTIFIED BY THE BUSINESS ASSISTANCE DIVISION OF THE CITY OF ST PETERSBURG HAVING ITS BUSINESS PRINCIPALLY DOMICILED IN THE CITY UMITS OF ST PETERSBURG AND ON THE FOLLOWING INFORMATION INDUSTRY (SPECIFY ONE FROM THE TABLE ABOVE) NUMBER OF EMPLOYEES SALES VOLUME FOR PREVIOUS CALENDAR YEAR PRINTED NAME AUTHORIZED SIGNATURE BID/PROPOSAL NO SWORN TO AND SUBSCRIBED BEFORE ME A NOTARY PUBLIC FOR THE ABOVE STATE AND COUNTY ON THIS DAY OF 20_ Notary Public My Commiss o Exp res Ftr N� . APA, ,"� • ...r`.4,'4f1.3', Itt i:jri" tttr ;,t,::: 4,,: i.....'4,..r:ira'Aut.-::'•.,?r,:+ r'..+.3+"cr411Ft o.*wl:ik.. ,. CITY OF ST PETERSBURG AFFIDAVIT FOR CLAIMING STATUS AS A DISADVANTAGED BUSINESS Name of Firm Certification No Expiration Date —Occupational License No — — Expiration Date_ BIDDERIPROPOSER AFTER BEING FIRST DULY SWORN AFFIRMS THAT IT ISA CERTIFIED DISADVANTAGED BUSINESSAS DEFINED BY THE CITY OF THE CITY OF ST PETERSBURG COUNTY OF PINELLAS FLORIDA AND THE REGULATIONS THERETO AS DEFINED IN SECTION 2 239 OF THE CITY OF ST PETERSBURG PROCUREMENT CODE Disadvantaged Business Enterpnse (DBE) means a small business which is at least 51 percent owned and controlled by one or more individuals who are socially and economically disadvantaged or in the case of a corporation in which 51 percent of the stock is owned by one or more such individuals These owners will not be limited to members of minority groups and shall be required to document their personal net worth of less than two hundred and fifty thousand dollars ($250 000) except owners of construction companies shall be required to document a personal net worth of less than seven hundred and fifty thousand dollars ($750 000) in order to demonstrate that they are in fact socially and economically disadvantaged The disadvantaged business must also comply with the following 1 The business must serve a commercially useful function 2 The business must be pnnapally domiciled in the aty limits of St. Petersburg 3 The business must be a service provider construction agency or non manufacturer with 50 or fewer employees 4 The business must have annual gross receipts that do not exceed two million five hundred thousand dollars ($2 500 000) and 5 The business must be certified by the Business Assistance Division as a Disadvantaged Business Enterpnse Personal Net Worth The net value of the assets of an individual remaining after total liabilities are deducted An individual s personal net worth does not include the individual s ownership interest In an applicant or participating DBE firm or the individual s equity in his or her pnmary place of residence An individual s personal net worth includes only his or her own share of assets including those held jointly or as property with the Individual s spouse Industry Annual Sales Volume No of Employees Agnculture Forestry Fishing $ 500 000 9 or less Mining $1 000 000 49 or less Construction $2 500 000 19 or Tess Manufactunng $1 000 000 99 or less Wh 1 1 T d $1 000 000 19 or less Retail Trade $ 500 000 9 or less finance Insurance Real Estate $ 500 000 5 or Tess Transportabon Commerce and Utilities $ 500 000 9 or Tess S rvi 0 Industry $ 500 000 9 or less BIDDER BASES ITS CLAIM OF DISADVANTAGED BUSINESS STATUS ON BEING CERTIFIED BYTHE BUSINESS ASSISTANCE DIVISION OF THE CITY OF ST PETERSBURG HAVING ITS BUSINESS PRINCIPALLY DOMICILED IN THE CITY UMITS OF sr PETERSBURG AND ON THE FOLLOWING INFORMATION INDUSTRY (SPECIFY ONE FROM THE TABLE ABOVE) NUMBER OF EMPLOYFFS SALES VOLUME FOR PREVIOUS CALENDAR YEAR PRINTED TITLE AUTHORIZED SIGNATURE BID/PROPOSAL NO SWORN TO AND SUBSCRIBED BEFORE ME A NOTARY PUBLIC FOR THE ABOVE STATE AND COUNTY ON THIS DAY OF 20_ NtryPbi My C mm E p 'TAO Appendix A '1,1'4'.4',11.014"1 1moii • ;r.Y'�' M1i` `i.:a� ..nf'.4:f;,.. i.. ,�4i i .,.:'s+` . a y iy.•,.. .. i:..; .� . . h.�"'Mh`t".'�7��• "�"�-'x' • ,.t .,•"^:'�.�'.'*`�^,S'^+:a'�wsar��A„a;�'-%i�u.•`''N,irY�:lS �:, *'^� i•`X': .iii... WATER RESOURCES DEPARTMENT WaterWorks Manhole Inspection Form Manhole # Zone Basin Date Inspection Conducted by Ground is wet / dry Right of Way S A P E 0 Accessibility of Cleaning 1 \ 2 \ 3 \ 4 \ 5 Address Lid Diameter Thickness 1 5 1 75 2 Lid Condition 1 2\ 3\ 4\ 5 Manhole Construction Matenal Type Brick \ Precast \ RI \ MH liner Ring Elevation OK Debris ves / no Type Amount / full Roots ves / no Grease ves / no Amount / full Manhole Defects Infiltration _ Missing Bricks u Missing Mortar_. Cracks M Other General Condition O 100 / (good) O 75 / (fair) ❑ 50 / (poor) ❑ 25 / (emergency) Comments Manhole Depth r 1 1 RCP n/I orth Immo wok mi. IMIMIN OM IMMO= 1 1 PIPE 1 PIPE ID Rim - Invert Depth RCP NOTES LINER YES / NO Z) PIPE Z PPE I D DIAMETER MATERIAL VC / PVC / IRON / Rim - Invert Depth 1 RCP NOTES LINER YES / NO 3) PIPE 3 PIPE I D D AMETER MATERIAL VC / PVC / IRON / DIAMETER I Rim - Invert Depth MATERIAL VC / PVC / IRON / RCP I NOTES LINER YES / NO 4 1 PIPE 4 PIPE ID DIAMETER Rim - Invert Depth RCP NOTES LINER YES / NO 5) PIPE 5 PIPE ID MATERIAL VC / PVC / IRON / Rim - Invert Depth DIAMETER MATERIAL VC / PVC / IRON / NOTES LINER YES / NO Abb [I ns f FOR MH# SURVEYED HL HOUSE LATERAL SO STUBOUT PFM FM FROM PRIVATE LS LS# LIFT STATION # FOR FM OD OUTSIDE DROP IC INTERCONNECT AB ABANDONED G 1 S UPDATE 4 Esc: •;i . t.'r r: a 6 .r.. e • .. : 9t aJ7E `6 Hv r.. r VF"; i.!Y:*.'t• ti Appendix B '• • — , - CITY OF ST PETERSBURG WATER RESOURCES DEPARTMENT Water Discharge Report X *ATTENTION Michelle Duggan Department of Environmental Protection (fax) 813 744 8198 Laura Kowal Pinellas County Health Department (fax) 727 538 7293 1 0 yes 0 no Honda State Division of Emergency Management Notification Date / Time f => 1000 gallons ' phone --1 800-320 0519 2—Date of Discharge Date / Time—report faxed / Initials 3 City Contact Person and Information ph # 4 Location of Discharge 5 Water Treatment Plant Service Area 0 AW 0 NE 0 NW 0 SW 6 Type of Water Discharge ❑ Raw Sewage 0 Partially Treated 0 Treated Effluent 0 Reclaimed Water 7 Source of Discharge ❑ Sanitary Sewer Line ❑ Plant Effluent ❑ City Clean Out ❑ Pump Bypass ❑ Reclaimed Water Line ❑ WRG Storage Tank ❑ Lift Station 0 Pnvate Property ❑ Manhole Overflow & mh I D ❑ Other 8 Cause of Discharge ❑ Grease 0 Roots 0 Debns 0 Vandalism 0 Mechanical Failure ❑ Line Break 0 Construction 0 Cave In 0 Contractor ❑ Power Failure 0 Extreme Weather 0 Other 9 Duration of Discharge Start Date / Time / End Date / Time / 10 Estimated Total Volume of Discharge gallons Estimated Total Volume of Discharge to Surface Waters gallons 11 Disposition of Discharge ❑ Flowed to Surface Water ( Name ) ❑ Flowed to Storm Sewer System ❑ Contained and / or Removed by ❑ Other 12 Disinfecting Agent 0 Lime 0 HTH Chlorine 0 Other None 13 Sample Collection Team and/or Laboratory Notified 0 yes 0 no 0 not required 14 Action taken to prevent recurrence of Discharge 15 Other Information 16 Duty Foreman Duty Supervisor / Manager 11ic ,.r D Antic, nn 1 Th+wn 1 1 nnnlav 1 Parnell B Bates ID Wurtenbera C Solan Ong alt W t w t M t o rr r• ....•.i+i..i�nyt ,T-, •i +ruF.t,'- w4i -1' a. Mi .J.4i. , ri �%•/"w 4e .,!t -t, "C*- t JtZYiail wr;Ef""R:o. • .:,:n , 4i•.1iNt 1 Appendix C JF ST PETERSBURG, WATER RESOURCES, TV LOG SHEET SHEET of REMARKS LF CODE RATING 1 LOW 5 HIGH AREA OF PIPE REMARK EMP NAME EMP # DAY DAY22 EQUIPMENT DAY 1 DAY 2 C/B CRACKED OR BROKEN PIPE G / DS GRADE DEFECT/START G / DE GRADE DEFECT/END DL / S / G DIRTY LINE SAND SILT GREASE 3EA J / D / K / O JOINT DROPPED KICKED OPEN 1 INFILTRATION R ROOTS SC SERVICE CONNECTION MH # START U or D SCP SERVICE CONN 1 PROTRUDING MH # END U or D CUW CAMERA UNDER WATER DIRECTION OF COW CAMERAS OUTS OF WATER FLOW N S E W U UPSTREAM MH MEASUREMENT NS EW D DOWNSTREAM MH REMARKS LF CODE RATING 1 LOW 5 HIGH AREA OF PIPE REMARK --"•<ry,.rr r.'�!' r r . -.a• . _1i let•LeY,t14•S'v{rl+R, k r41 .r ry'',i • +s\tisk` ,..;r:1,1;4r :(t,:• jrY to City of St Petersburg Services Intent Instructions to Bidders and General Conditions for the Purchase of Services The instructions to bidders and general conditions described herein apply to services with an estimated aggregate cost of $25 000 or more Definitions Invitation to Bid The term Invitation for Bid means a solicitation of formal sealed bids The acronym IFB means Invitation for Bid Bid The term bid means the offer of a price by the bidder Bidder The term bidder means the offeror Change Notice The term change notice means a written order signed by the Director of Purchasing and Materials Management or an authorized representative directing the vendor to make changes to a contract or purchase order resulting from the IFB Responsible Bidder The term responsible bidder means a bidder who has the capability in all respects to perform fully the contract requirements and the tenacity perseverance experience integrity reliability capacity facilities equipment and credit which will assure good faith performance Responsive Bidder The term responsive bidder means a bidder who has submitted a bid which conforms in all material aspects to the requirements set forth in the IFB City The term City means the City of St Petersburg Florida Explanations to Bidders 1 Any explanation regarding the meaning or interpretation of the Invitation for Bid drawings specifications etc requested orally or in writing by a bidder must be requested in sufficient time for a reply to reach bidders before the submission of their bids 2 Explanations or instructions shall not materially alter the IFB unless they are in writing Oral explanations or instructions given before the award of a contract will not be binding If necessary a written addendum to an IFB will be issued to all prospective bidders Preparation of Bids 3 Bidders are expected to examine the specifications drawings and all special and general conditions contained in the IFB When necessary bidders should visit the work site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work and the general and local conditions which can affect the work or the cost thereof Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work 4 Bids shall be submitted on the forms furnished or copies thereof All bids must be signed in ink by an officer or employee having authority to bind the company or firm by his/her signature If erasures or other changes appear on the forms each erasure or change must be initialed by the person signing the bid Unless specifically authonzed, in the IFB telegraphic bids will not be considered 5 The bid form may provide for submission of a price or prices for one or more items which may be lump sum bids alternate prices scheduled items resulting in a bid on a unit of service or construction or a combination thereof etc 6 Unless called for alternate bids will not be considered 7 Modification of bids already submitted will be considered if received at the office designated in the IFB by the time set for opening of bids All modifications must be submitted in writing Bid Guarantee 8 Where a bid guarantee is required by the IFB failure to furnish a bid guarantee in the proper form and amount by the time set for opening bids may be cause for rejection of the bid 9 A bid guarantee shall be in the form of a firm commitment such as a bid bond cash postal money order certified check cashiers check or irrevocable letter of credit Bid guarantees other than bid bonds will be returned (a) to unsuccessful bidders as soon as practicable after the opening of bids and (b) to the successful bidder upon execution of such further contractual documents and bonds (including any necessary coinsurance or reinsurance agreements) as may be required by the bid as accepted e City of St Petersburg Services 10 If the successful bidder upon acceptance of his bid by the City within the period specified therein for acceptance (60 days if no period is specified) fails to execute such further contractual documents if any and give such bond(s) (including any necessary coinsurance or reinsurance agreements) as may be required by the terms of the -bid -as -accepted within the time specified— (ten days if no period is specified) after receipt of the forms by him his contract may be terminated for default -In such event he shall be liable for any cost of procuring the work which exceeds the arrount of his bid and the bid guarantee shall be available toward offsetting such difference Contract and Bonds 11 The bidder whose bid is accepted will within the time established in the IFB enter into a written contract with the City and if required furnish performance and payment bonds on City standard forms in the amounts indicated in the IFB Submission and Receipt of Bids 12 Bids must be received at or before the specified time of opening as designated in the IFB Bidders are welcome to attend however no award of bid will be made at this time A bid tabulation will be furnished upon request 13 Bids shall be enclosed in the sealed envelope provided by the City The envelope shall show the hour and date specified for receipt of bids the bid number and the name and address of the bidder Acceptance of Offers 14 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 blanket purchase order or other contractual document Firm Prices 15 The bidder warrants that pnces terms and conditions quoted in his bid will be firm for acceptance for a period of not less than 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 Cash Discounts 16 When the City is entitled to a cash discount the period of computations will commence on the date of delivery or receipt of a correctly completed invoice whichever is later If an adjustment in payment is necessary due to damage the cash discount period shall commence on the date final approval for payment is authorized If a discount is part of the contract but the invoice does not reflect the existence of a cash discount the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies Award 17 The contract will be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and critena set forth in the IFB 18 The City reserves the right to accept or reject any or all bids or parts of bids waive informalities and request rebids on the services in the IFB 19 The City reserves the right to award the contract on a split order basis lump sum or individual item basis or such combination as shall best serve the interest of the City unless otherwise specified Brand Names 20 Any manufacturers names trade names brand names or catalog numbers used in the specifications are for the purpose of establishing and describing general performance and quality levels Such references are not intended to be restrictive and bids are invited on these and comparable brands of products of any manufacturer When the City does not wish to rule out other competitors brands or makes the phrase OR EQUAL is specified However if a product other than the specified 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 Manufacturers certificates of specifications conformance of matenals may be required bythe City these certificates shall be furnished at no cost to the City _Variations of Specifications 21 For purposes of bid evaluation bidders must indicate any variances from our specifications and/or conditions no matter how slight If variations are not stated in the proposal it will be assumed that the product or service fully complies with the City's specifications Quality 22 All materials used in the services covered by this bid shall be new The items bid must be new the latest ra tomitsAv.** City of St Petersburg Services make or model of the best quality and highest grade workmanship Copyright or Patent Rights —23 Bidders warrant that there has been no violation of copyrights or patent rights in manufacturing producing or selling the goods shipped or ordered as a result of the bid —Bidders agree to hold the_City harmless from any and all liability loss or expenses occasioned by any such violation Conflict of Interest 24 Bidders by acceptance of this order certify that to the best of their knowledge or belief no elected or appointed official or employee of the City of St Petersburg is financially interested directly or indirectly in the purchase of services specified in this IFB Taxes 25 The City of St Petersburg is exempt from any taxes imposed by the State and/or Federal Government Exemption certificates will be provided upon request Failure to Bid 26 If you do not wish to bid please retum the Statement of No Bid form stating the reason otherwise your name may be removed from our mailing list Compliance with Orders and Laws 27 Bidders contractors and concessionaires shall comply with all local state and federal directives order and laws as applicable to this bid and subsequent contracts including but not limited to a Bidders must comply with Executive Order 11246 which prohibits discrimination against any employee applicant or client because of race creed color national origin sex or age with regard to but not limited to the following employment practices rates of pay or other compensation methods and training selection b Occupational Safety and Health Act (OSHA) c The State of Flonda Statutes Section 287 133(a) on Public Entity Cnmes 28 Non compliance with all local state and federal directives orders and laws may be considered grounds for termination of contracts Default of Contract 29 In case of default by the bidder or contractor the City may procure the services from other sources and hold the bidder or contractor responsible for any excess costs incurred Modifications or Changes in _Purchase Orders or Contracts 30 No agreement or understanding to modify this IFB and resultant purchase orders or contracts shall be binding upon the City unless made in writing by the Purchasing Director or authorized representative of the City of St Petersburg Order of Precedence 31 In the event of an inconsistency between provisions of the IFB the inconsistency shall be resolved by giving precedence in the following order (a) the schedule (b) instructions to bidders and general conditions (c) special provisions (d) other provisions of the contract whether incorporated by reference or otherwise and (e) the specifications Disputes and Complaints 32 All complaints or grievances should be first submitted orally or in writing to the Director of Purchasing and Matenals Management who will take prompt remedial action The Director of Purchasing and Materials Management shall investigate the validity of the complaint and present the findings in writing to the vendor If the vendor is dissatisfied with the Director of Purchasing and Materials Management s remedies he may then make an appeal to the Mayor This policy does not preclude consideration of legal questions in connection with any decisions made by the City i CONSTRUCTION AGREEMENT THIS AGREEMENT made and entered into on the 6th day of February 2004 by and - between American Water Services Underground Infrastructure Inc -(herein referred to as - the Contractor ) and the City of St Petersburg Florida (herein referred to as the City ) WITNESSETH NOW THEREFORE in consideration of the promises and covenants contained herein the parties agree as follows 1 Contractor Duties That the Contractor shall furnish all material and perform all of the work for 913 81 Annual Contract for Sanitary Sewer Cleaning for the City of St Petersburg Florida and in full and complete accordance as provided by the following enumerated documents ( Contract Documents ) which are incorporated herein by reference and made a part hereof as if fully setout herein Invitation for Bid No 6242 dated November 21 2003 Exhibit A ) The Contractors Bid dated December 21 2003 ( Exhibit B ) Drawings Certificate of Insurance Bid Bond Performance and Payment Bond This instrument and any changes to the foregoing documents agreed to by the parties hereto 2 Term That the Contractor proposes and agrees to commence work under this Contract approximately February 9 2004 and to fully complete all work under this Contract by January 31 2005 3 Payment The City hereby agrees to pay at the time and in the manner set forth in the specifications to the Contractor for the faithful performance of this Agreement subject to additions and deductions as provided in the specifications or Bid in lawful money of the United States the price set for in the Bid up to $1 500 000 heretofore submitted to the City by the Contractor a copy of said Bid being a part of these Contract Documents Revised by Addendum No 1 Construction Agreement Page 2 4 Liquidated Damages Time is of the essence in this Contract and in the event that the work is not completed within the time stipulated it is further agreed that from the compensation otherwise to be paid to the Contractor the City may retain the_amount specified in the Special_Conditions Liquidated Damages for each calendar day that the work remains incomplete beyond the time limit which sum shall represent the actual damages which the City will have sustained per day by failure of the Contractor to _complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the City party will have sustained in event of such default by Contractor 5 Performance and Payment Bond If at any time after the execution of said Agreement and the Bond hereto attached for its faithful performance the City shall deem the Surety or sureties upon such Bond to be unsatisfactory or if for any reason such bond ceases to be adequate to cover the performance of the work the Contractor shall at its expense within 10 days after the receipt of notice from the City to do so furnish an additional bond or bonds in such form and amount and with such Surety or sureties as shall be satisfactory to the City In such event no further payment to the Contractor shall be deemed to be due under the Agreement until such new or additional secunty for the faithful performance of the work shall be furnished in a manner and form satisfactory to the City 6 Guarantee of Work Upon completion of the work to be accomplished under this Contract in accordance with the Plans and Specifications and accepted by the City of St Petersburg the Contractor together with his Surety shall fully and unconditionally guarantee for a period of not less than five years from date of final acceptance of work by the City all materials and labor (workmanship) incorporated in this project (This guarantee shall be exclusive of any manufacturer's guarantees or warranties exceeding this period) ? Severability In the event that any provision or portion hereof of any Contract Document shall be found to be invalid or unenforceable then such provisions or portion thereof shall be performed in accordance with the applicable laws The invalidity or unenforceability of any provision or portion of any Contract Document shall not affect the validity or enforceability of any other provision or portion of the Contract Documents 8 Warranty of Parties Each party to this Agreement represents and warrants to the other parties that (i) they are duly organized qualified and existing entities under the laws of the State of Florida and (ii) all appropriate authority exists so as to duly authorize the persons executing this Agreement to so execute the same fully bind the parties on whose behalf they are executing Revised by Addendum No 1 1 z Construction Agreement Page 3 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written By American icarwater Services ure In Underground (Signature) II a_rk )4 0 r ri s Please Pnnt or Type Name) (Title) CITY OF ST PETERSBURG FLORIDA By Louis Moore CPPO Director Purchasing and Materials Management ATTEST SEAL ATTEST City Clerk PROVISIONS OF CONTRACT APPROVED Project Manager Title Date APPROVED AS TO FORM City Attorney (designee) By Assistant City Attomey Revised by Addendum No 1 Construction Agreement (Acknowledgment of Contractor if a Corporation) State of F , r da_ ) County of - u na e ) ss City of The foregoing instrument was acknowledged before me this I t' day of jr, 2 Page 4 by �/f f� AMERICAN WATER SERVICES � /��' / a, r k �/ 2 r' /' r S Ne 5 id; ,t t of UNDEAGROUND INFRASTAUCTURE INS (Name and Title of Officer or Agent) (Name of Corporation) (-Oa r e corporation on behalf of the corporation He/she is personally (State of Incorporation) known to me or has produced as identification and (Type of Identification) appeared before me at the time of notarization NOTARY PUBLIC Sign Print ea. r % n e_— SEAL Revised by Addendum No 1 esiliw !willow 'kap MON umber 1e 2007 Date November 21 2003 CONTRACT PRICING (This is not an order) CITY OF ST PETERSBURG Procurement Analyst Enc S Meserve CPPB Bid No 6242 — — — Telephone 727 893 7026 _ Please quote on this farm(s) net prices for the item(s) listed below Return signed original and retain a copy for your files Prices —should include all costs including transportation to destination The City reserves the right to accept or refect all or any part of this bid Pnces should be firm for a minimum of 90 days Reference to manufacturers names or catalog numbers are for identification only If alternates are quoted complete information must be given In the event of errors in extension of totals the unit prices shall govern in determining the quoted prices Bids must be received by 3 00 p m Tuesday December 23 2003 913 81 Annual Contract for Sanitary Sewer Cleaning We have read your Invitation for Bid completed the necessary documents and propose to furnish and deliver F 0 B destination the items specified herein Service will be made within „5' days after receipt of service request Terms 2 / 10 Days Net 30 Days ©Z4 Contact PersonfTelephone IRi Gl< Gor / 7.Z 7 — s L/— Yee 9 Yi Ce _2 3—. Cooperative Purchasing We agree to sell the items on this contract to any member of the Cooperative Purchasing Program A negative reply will not adversely affect consideration of your propos xcept in the cases of tie bids where all other factors are equal All delivenes are to be F 0 B destination Yes _ — No Small or Disadvantaged Business My firm has been certified as a Small or Disadvantaged Business with the City of St Petersburg and the affidavit has been completed and attached Yes No All exceptions to this bid have been documented in the section below Exceptions A/o -le- Firm le. Firm s Name ArripritAn Watar S rvfcsa Comments /L''c'r+o_ Address Underground Infrastructure Inc. 3i'7 a ''`j .4 x/ Telephone 7,27 '5;17 i ?/L 7 Fax tom+74?n? -57,) `�"' Name & Title nr L r ,�),? re -J clad% E Mail A/0"R— Authorized Signature Website A-10" az— CITY OF ST PETERSBURG ACKNOWLEDGMENT OF BID ADDENDUM Addendum No 1 Date December 4 2003 Procurement Analyst Eric S Meserve CPPB Bid No 6242 dated November 21 2003 Commodity 913 81 Annual Contract for Sanitary Sewer Cleaning This is to acknowledge receipt of this Addendum Failure to acknowledge receipt of this Addendum may result in the disqualification of your bid American water Services Underground Infrastructure Inc. Company Name 14 LI 1 3 1 •z r d SA- hi P%q►,r. tot 1-Aq rr % bS Address Name (Type or Pnnt) C It ,-L- 1=1 3371 b c) r-4. s% e 4 - City State Zip 7,1,7-5?11 V 6 0 i P 4 1t t,7 F- Telephone/Fax Numbers Bid Add nd m (R 10/03) Title (Type or Pnnt) /z-.21— 03 Date Printed 12/3/2003 Addendum No 1 Bid Number 6242 Sanitary Sewer Cleaning CITY OF ST PETERSBURG INVITATION FOR BIDS Page 1 of 4 nter,can Water Services Underground Infrastructure Inc. Bidder Item Nbr Commodity/Description Sanitary Sewer Clea ing Group I 1 000 913-81 4500 00 LFT $ ( 7S $ SO) 3 75- Quantity S Quantity Unit Pnce Total 8 pipe diameter cleaning 2 000 913-81 3750 00 LFT $ d %S $ as ,//. S 10 pipe diameter cleaning 3 000 913-81 3210 00 LFT $ 8 O O $ a, 6 'O 12 pipe diameter cleaning 4 000 913-81 2800 00 LFT $ $ 223' goo 15 pipe diameter cleaning 5 000 913 81 14260 00 LFT $ / $ /1% 4g Television Inspection Sanitary Sewer Cleaning Group II 6 000 913 81 10500 00 LFT $ 7 7S $ g// 375-- 18 pipe diameter cleaning 7 000 913-81 2173 00 LFT $ % 0 00 $ // 730 21 pipe diameter cleaning 8 000 913-81 2805 00 LFT $ / 3 00 $ 3� yes -- 24 pipe diameter cleaning 9 000 913 81 700 00 LFT $ / 4 5-6 $_/f6 J 3" 27 pipe diameter cleaning 10000 91381 1617800LFT $ Iet $ f4/ 7 370 Television Inspection Sanitary Sewer Cleaning Group III 11 000 913 81 30 pipe diameter cleaning 12 000 913 81 36 pipe diameter cleaning 13 000 913-81 42 pipe diameter cleaning 14 000 913-81 48 pipe diameter cleaning 6330 00 LFT $ £Z s`a $/4 /1r&5 2310 00 LFT 0 G S8 $6 /I .02 / S 225 00 LFT $ LI/ ©i! $ %p2,, 1155 00 LFT $ O $ (3 55" Panted 12/3/2003 Addendum No 1 • CITY OF ST PETERSBURG American Water Serviierif INVITATION FOR BIDS Underground Infrastructure Inc. Page 2 of 4 Bid Number 6242 Bidder Sanitary Sewer Cleaning Item Nbr Commodity/Descnption Quantity Unit Price LAW —15 000 913 81 — 54 pipe diameter cleaning 16 000 913-81 Television Inspection Sanitary Sewer Cleaning Group IV 240 00 LFT _$_ I, 00 $ q 1026000LFT— —$ " — $ 17000 91381 1000 EA $ 0/ $ Purnp Around Pumping of Sewage Set Up where authorized to facilitate TV inspection sewers 12 and Tess 18000 913-81 1000 EA $ 0/ $ Pump Around Pumping of Sewage Set Up where authonzed to facilitate TV inspection in sewers 14 through 21 19 000 913-81 Purnp Around Pumping of Sewage Set Up where authonzed to facilitate TV inspection sewers 22 through 30 /b /O 1000 EA $ 0 / $ J0 20 000 913-81 10 00 EA $ ` $ Purnp Around Pumping of Sewage Set Up where authorized to facilitate TV inspection sewers 32 through 54 21 000 913-81 Pump Around Pumping of Sewage Operation where authonzed to facilitate TV inspection sewers 12 and Tess 22 000 913-81 Pump Around Pumping of Sewage Operation where authonzed to facilitate TV inspection in sewers 14 through 21 10 00 DAY $ O / $ /v 1000 DAY $ 0 / $ " 23 000 913-81 10 00 DAY $ ' O / Pump Around Pumping of Sewage Operation where authonzed to facilitate TV inspection sewers 22 through 30 24 000 913 81 Pump Around Pumping of Sewage Operation where authonzed to facilitate TV inspection sewers 32 through 54 Sanitary Sewer Cleaning Group V For Specialty Cleaning Sewers 1000 DAY $ G J /0J Printed 12/3/2003 Addendum No 1 CITY OF ST PETERSBURG INVITATION FOR BIDS Page 3 of 4 Bid Number 6242 Bidder Sanitary Sewer Cleaning Item Nbr Commodity/Description Quantity Unit Pnce Tota( 25 000— — 913-81_ _ _ 1000 00 LFT $ r 0 / $ /6 00 Specialty Cleaning sewer mains of 8 sections 26 000--913 81 Specialty Cleaning sewer mains of 10 sections 27 000 913-81 Specialty Cleaning sewer mains of 12 sections 100000LFT $ r 0 / /0 OD 100000LFT $ / $ /b 0d 28 000 913-81 1000 00 LFT $ • Specialty Cleaning sewer mains of 15 sections 29 000 913-81 Specialty Cleaning sewer mains of 18 sections 30 000 913-81 Specialty Cleaning sewer mains of 21 sections 31 000 913-81 Specialty Cleaning sewer mains of 24 sections / 1000 00 LFT $ 0 / $ / d 0 0 100000LFT $ • 0/ $ /0 ad 1000 00 LFT $ 0 / $ ! 1 0 0 32 000 913-81 1000 00 LFT $ / $ / © C O Specialty Cleaning sewer mains of 27 sections 33 000 913-81 1000 00 LFT $ r p $ /0 00 Specialty Cleaning sewer mains of 30 sections 34 000 913 81 1000 00 LFT $ / $ / o n O Specialty Cleaning sewer mans of 36 sections 35 000 913-81 1000 00 LFT $ C� / $ /0 DO Specialty Cleaning sewer mains of 42 sections 36 000 913 81 1000 00 LFT $ d / $ / 0 0 0 Specialty Cleaning sewer mains of 48 sections 37 000 913 81 1000 00 LFT $ + / $ /0 00 Specialty Cleaning sewer mains of 54 sections Sealing Shp Lined Sewer Pipe at Terminal End of Manholes 38 000 913 81 Sealing Shp Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 8 sections 39 000 913-81 Sealing Slip Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 10 sections 1000 EA 1000 EA $ /00-Ndr $ /I6VO 60 $ /©© no $/tO4) 9a Pnnted 12/3/2003 Addendum No 1 CITY OF ST PETERSBURG INVITATION FOR BIDS American Wates Page 4 of 4 Underground Infrastructure Inc Bid Number 6242 Bidder Sanitary Sewer Cleaning Item Nbr Commodity/Descnotion 40 000 913 81 -- Sealing Shp Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 12 sections 41 000 913-81 Seating Slip Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 15 sections 42 000 913 81 Sealing Slip Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 18 sections 43 000 913-81 Sealing Shp Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 21 sections 44 000 913-81 Seating Shp Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 24 sections 45 000 913 81 Sealing Slip Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 27 sections 46 000 913 81 Sealing Shp Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 30 sections 47 000 913 81 Sealing Slip Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 36 sections 48 000 913 81 Seating Shp Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 42 sections 49 000 913 81 Sealing Shp Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 48 sections 50 000 913-81 Sealing Shp Lined Sewer Pipe at Terminal End of Manholes of sewer mains of 54 sections Non specified work related to line cleaning operations (authorized by the City of St Petersburg) For payment purposes this item shall be considered item No 51 The contingency amount shall be $30 000 00 (Rev 20000722) Quantity Unit Pnce Total -10 00 EA $-- / So- oo $ i 1000 EA $ 1000 EA $ Boo va $ J,0°`' 1000 EA 1000 EA 1000 EA $ Roe 00 $ � co® $ / 2 Ct 00 $ /02/ O r $ 4o0 oz) $ 6aroc 1000 EA i/ Coo n $ s- oc 1000 EA ✓$ 6oc'o 1000 EA 8" Lrc $ o 10 00 EA $ �e) O(' a/00 0 1000 EA $ /deo a'$ Total $ C/ - ) 76. ! 0 cO(u I PERFOT',MANCE MD PAY, ENT ;OND Bond # (STATE OF FLORIDA ) (COUNTY OF ) (CITY OF ) _KNOW ALL MEN BY THESE PRESENTS That we (hereinafter called the Principal ) (Company Name) located at { ) (Principal Business Address) (Phone Number) and (hereinafter called the Surety' ) (Surety Name) located at ( ) (Principal Business Address) (Phone Number) are held and firmly bound unto the City of St Petersburg Florida (hereinafter called the City ) located at One 4th Street North St Petersburg FL 33701 phone (727) 893 7220 in the penal sum of for the payment of which we bind ourselves our heirs executors administrators successors and assigns for the faithful performance of a certain wntten contract dated the day of 20_. entered into between the Principal and the City of St Petersburg Florida for Commodity and Description Bid No a copy of which said Contract is made a part hereof as if fully copied herein The project is located at the Municipal Service Center One 4"' Street North St Petersburg FL And consist generally but not by way of limitation of the following NOW THEREFORE THE CONDITIONS of this obligation are such that if the Pnncipal shall in all respects comply with the terms and conditions of said Contract including the one year guarantee and his obligations thereunder including the contract documents (which include the Advertisement for Bids Instructions to Bidders Execution of the Contract General Conditions Technical Specifications Plans Addenda Proposal Bid Bond Agreement Public Construction Bond and Certificates of Insurance) therein referred to and made a part thereof and such alterations as may be made in said Plans and Specifications as therein provided for and shall indemnify and save harmless the said Owner against and from all costs expenses damages injury or conduct want of care of skill negligence or default including patent infringements on the part of the said Principal agents or employees in the execution of performance of said contract including errors in the plans furnished by the Principal and further if such Contractor or Contractors shall promptly make payments to all persons supplying him them or it labor matenal and supplies used directly or indirectly by said Contractor Contractors Subcontractor or Subcontractors in the prosecution of the work provided for in said Contract this obligation shall be void otherwise the Principal and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Principal would be entitled on the completion of the Contract and that which the Owner may be obliged to pay for the completion of said work by the contractor or otherwise and any damages direct or indirect or consequential which the said Owner may sustain on account of such work or on account of the failure of the said contractor to properly and in all things keep and execute all the provisions of said Contract Performance and Payment Bon Page 2 This bond is meant to comply with all the requirements of F S A 255 05 and herewith incorporates all duties of a Surety required by such statute A claimant except a laborer who is not in privity with the contractor and who has not received payment for his labor matenals or supplies shall within 45 days after beginning to furnish labor materials or supplies for the prosecution of the work furnish the contractor with a notice that he intends to look to the Public Construction Bond for protection A claimant who is not in privity with the Contractor and who has not received payment for his labor materials or supplies shall __within 90 days after performance of the labor or after complete delivery of the materials or supplies deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment No action for the labor materials or supplies may be instituted against the Contractor or the Surety on the Public Construction Bond after one year_from the performance of the labor or completion of delivery of the materials or supplies And the said Principal and Surety hereby further bind themselves their successors executors administrators and assigns jointly and severally that they will amply and fully protect the said owner against and will pay any and all amounts damages costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages ansing from the performance of said work or of the repair or maintenance thereof or the manner of doing the same or the neglect of the said Principal or his agents or servants or the improper infnngement of any patent rights by reason of the use of any material furnished or work done as aforesaid or otherwise And the said Principal and Surety hereby further bind themselves their successors heirs executors administrators and assigns jointly and severally to repay the Owner any sum to which the Owner may be compelled to pay because of any lien for labor or material furnished for the work embraced by said Contractor And the Surety for value received hereby stipulates and agrees that no change extension of time alteration or addition to the terms of the Contract or to the work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligations on this Public Construction Bond and it does hereby waive notice of any such change extension of time alternation or addition to the terms of the contract or to the work or to the specifications Performance and Payment Bon Page 3 IN TESTIMONY WHEREOF witness the hands and seals of the parties hereto this day of 20 (Company Name) By (Signature) (Pnnt or Type Name/Title) SEAL ATTEST (Signature) (Corporate Secretary) SURETY NAME By Attorney in Fact (Pnnt Name/Trtle) SEAL WITNESSETH APPROVED AS TO FORM City Attorney (designee By Assistant City Attorney Firm s Name Vendor Questionnaire Amencan Water Service* iJnderaround infrastructure Inc, Address j yL.,1i 3 ~.1 3+ c Ips r tA,-. �� / / 3t3 7 t D Telephone 7d.--7 - ge Fax =7 7 - -5;7r-q- 6 is Name & Title 91 c a Authorized Signature Co vpe V E Mail Website This questionnaire must be completely filled out and returned as part of your bid Failure to do so may result in disqualifica ion of your bid Evaluation of this questionnaire may be a prime factor in the award of this contract 1 How long has your firm been in business? i S Ve r.S 2 Net worth of your firm? 3/1 8 ' q /3/ 3 How many employees do you have on your present payroll? g3 4 How many employees will be assigned to this protect? /D 5 What are their qualifications experience and certification for these services? 0,4 rye S�- Pet- e S 6 Who will be supervising the work to be performed under this contract and what is the person s experience (years of experience certification qualifications etc ) r S v rn, Bid No 6242 Vendor Questionnaire 7 How many and what types of equipment tools and vehicles will be assigned to this project? ie Cry.b }r `ter V t 2 - sr: —,o C^ Pm f ;5-c) P tic,., s — m-,41,44?k C C- 1-1/ ,Zr sirecT7L r c.c./CS- If c.`CSIf you do not own this equipment how do you propose to acquire d? N,4 9 If the event of equipment failure what and who are your resources for back up? We IN°. v2 1 6gs 1.c 1. ri2(,. f • v- e i at 3 C I <<-,c� 'V G L (O yl S C c' V r+ r 10 Have you ever had a contract terminated or been sued for non performance? If yes please explain 0 r Bid No 6242 ® ® Vendor Questionnaire 11 What warranties expressed or implied will be in effect (Explain in detail ) 411 tA,'-", r r , .-.4-12-,) 51,-W 1 ..e."% L, al etcilG`,v.A,..✓+^, ,i...... T2 rev. CIv. ` 5 Cw/— e. ci S -e. is 4%4- Q.� LAS 1"-1 1 1 1--e-- — v, -Q-4 - - 12 Provide the name and rating of your Surety company that you will use for this project vz rS a34..,0.1 -Y a St" v -4y o A -e.tu( A ?0, A--tP Occupational License No C v t_ 13 Gds Expiration Date L1 ,:w -- 0 1 14 List any subcontractors your firm may utilize Aran. 15 List at least three similar projects you have completed within the past two years (Do not use the City of St Petersburg as a reference ) Firm Name T L -Pi"eII0 s 1..s I Iy et Cit rw-.e Address Contact Person/Telephone al,I4 o yvrA .,4 7;7- 4/39- 7993 /LI S F4- /r ►SCr�`[ -w4r, he_ f7D7c.11C1-35.8 �C ��X 1-17 :-� Sc 1�1 Or -r