10-Bid-General Construction Package-260141-B-JL.pdf

CITY OF TARPON SPRINGS, FL

Procurement Services Department

324 East Pine Street P.O. Box 5004

Tarpon Springs, Florida 34688-5004

(727) 942-5615

INVITATION TO BID

BECKETT BRIDGE WATERMAIN AND FORCE MAIN RELOCATION

Date: May 12, 2026 Bid No.: 260141-B-JL

Sealed bids will be received electronically by the City of Tarpon Springs, Procurement Services Department, 324 East Pine Street, Tarpon Springs, FL 34689, until:

3:00 p.m., June 5, 2026 at which time bids will be publicly opened and read aloud for:

Project: Beckett Bridge Watermain and Force Main Relocation Bid No.: 260141-B-JL Bid Bond: 5% Performance & Payment Bonds: 100%

Bids and all addenda shall be available only through Bonfire:

(https://ctsfl.bonfirehub.com/portal/?tab=openOpportunities)

Submission and Receipt of Bids

Submitting electronically through the online services of Bonfire, all documents and attachments must be uploaded by the date and time indicated. Respondents who are E-Bidding for the first time are strongly encouraged to contact: https://ctsfl.bonfirehub.com/portal/support

Solicitation responses uploaded to https://ctsfl.bonfirehub.com/portal/?tab=openOpportunities (i.e., ctsfl.bonfirehub.com) after the Solicitation Response Due Date and time shall not be considered. It is the sole responsibility of the Respondent to ensure that its solicitation response is uploaded before such date and time. Tarpon Springs Procurement Services shall not be responsible for delays caused by any power outages or internet failures. No exceptions will be made.

Note: It is strongly recommended to upload your response in adequate time to assure that it will post on the day prior to the closing date.

https://ctsfl.bonfirehub.com/portal/?tab=openOpportunities

Explanations to Bidders

All questions or requests for additional information are required to be in writing e-mailed to jlewis@ctsfl.us.

Questions must be submitted, in writing, not later than May 26, 2026.

Any verbal responses to questions or changes or additions to the Scope of Services or any part of this Invitation to Bid shall not be binding on the City or its representatives. Only changes or additions made by Addenda issued by the City of Tarpon Springs through Bonfire should be considered for your bid submittal.

Compliance

Failure to comply with the ITB in full may be cause for rejection of bid. Bids must conform to the scope of services and terms and conditions. Bids must be returned on the forms provided.

Nonconformance with these instructions is grounds for rejection of bid.

Rejection of Bids

The City reserves the right to accept or reject any and all bids or parts of bids, waive minor informalities, and request rebids on the material or services described in the ITB. The City reserves the right to waive minor informalities.

Ex Parte Communication. In order to ensure fair evaluation of bids, ex-parte communication initiated by bidders is prohibited from the time the responses are opened until a final decision has been made. No bidder may initiate communication with any City Commissioner or any City official, staff, or employee who is participating in the evaluation process. Any and all communication initiated by a bidder after the responses are opened must be in writing to:

Janina Lewis, CPPO, NIGP-CPP Procurement Services Director

City of Tarpon Springs PO Box 5004

Tarpon Springs, FL 34688-5004 727-937-1766 Fax jlewis@ctsfl.us.

The City may, however, initiate communication with any bidder in order to obtain additional information or clarification necessary for fair evaluation of their bid. Ex parte communication initiated by a bidder may disqualify that bidder from consideration for this or future Invitations to Bid.

Janina Lewis, CPPO, NIGP-CPP Procurement Services Director

JL:jl Attachments mailto:jlewis@ctsfl.us mailto:jlewis@ctsfl.us i

TABLE OF CONTENTS

PART A – TECHNICAL SPECIFICATIONS

Under Separate Cover

PART B - CONSTRUCTION GENERAL CONDITIONS

Definitions ................................................................................................................ GC-2 Covenants against Contingent Fees ......................................................................... GC-3 Site Investigation ...................................................................................................... GC-3 Bid Documents/Cost ................................................................................................. GC-4 Equal Opportunity ..................................................................................................... GC-4 Insurance Requirements .......................................................................................... GC-4 Patents ..................................................................................................................... GC-4 Assignments ............................................................................................................. GC-5 Permits ..................................................................................................................... GC-5 Sign: City of Tarpon Springs Tax Dollars at Work .................................................... GC-5 Submission of Formal Bid ......................................................................................... GC-5 Liquidated Damages ................................................................................................. GC-5 Five Percent (5%) Retainage .................................................................................... GC-5 Contingency Statement ............................................................................................ GC-6 Plans and Specifications Furnished to Contractors ................................................... GC-6 Qualifications of Contractors and Subcontractors ..................................................... GC-6 Engineer’s Status ..................................................................................................... GC-6 Inspection of Work .................................................................................................... GC-7 Schedule .................................................................................................................. GC-7 Shop Drawings ......................................................................................................... GC-8 Lines and Grade ....................................................................................................... GC-8 Use of Completed Portions ....................................................................................... GC-8 Water........................................................................................................................ GC-9 Subcontractors ......................................................................................................... GC-9 Cooperation with Others ........................................................................................... GC-9 Supervision by Contractor ........................................................................................ GC-9 Area for Work and Access Thereto ......................................................................... GC-10 Storage of Materials ............................................................................................... GC-10 Material Safety Data Sheets Requirements ............................................................ GC-10 Convict Labor ......................................................................................................... GC-10 Monuments and Landmarks ................................................................................... GC-10 Sanitary Facilities ................................................................................................... GC-10 Use of Explosives ................................................................................................... GC-11 Protection of Existing Structures, Utilities, Work and Vegetation............................. GC-11 Work on Saturdays, Sundays, and Holidays ........................................................... GC-11 Delays .................................................................................................................... GC-12 Clean Up ................................................................................................................ GC-12 Defective Work or Materials .................................................................................... GC-12 Change Orders and Time Extensions ..................................................................... GC-13 Operation and Maintenance Instructions ................................................................ GC-14 Guaranty ................................................................................................................ GC-14 ii

Payment to Contractor ............................................................................................ GC-14 Acceptances and Final Payment ............................................................................ GC-15 Testing ................................................................................................................... GC-16 Brick Pavers ........................................................................................................... GC-16 Trash Receptacles.................................................................................................. GC-16

PART C – INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION

General Information ...................................................................................................... I-1 Completeness of Bid Package ...................................................................................... I-1 Bidder’s Responsibility to Project .................................................................................. I-1 Conflicts in the Documents ........................................................................................... I-1 Agreement Completion Time ........................................................................................ I-1 Bid Guarantee .............................................................................................................. I-2 Performance & Payment Bonds.................................................................................... I-2 Delivery of Bids ............................................................................................................ I-2 Bid Forms ..................................................................................................................... I-2 Signatures on Bids ....................................................................................................... I-3 Basis of Bid Prices........................................................................................................ I-3 Bid Preparation ............................................................................................................. I-3 Addenda ....................................................................................................................... I-3 Bid for Alternates .......................................................................................................... I-4 Period Bid Remains in Effect ........................................................................................ I-4 Familiarity with Site Conditions ..................................................................................... I-4 Extent and Locations of Subsurface Conditions ............................................................ I-4 Bid Opening ................................................................................................................. I-4 Correction of Mathematical Errors ................................................................................ I-5 Acceptance or Rejection of Bids ................................................................................... I-5 Qualifications of Bidders ............................................................................................... I-5 Disqualification of Bidders ............................................................................................ I-5 Right to Waive Informalities .......................................................................................... I-6 Factors Influencing Award ............................................................................................ I-6 Recommendation of Award .......................................................................................... I-6 Award of Agreement ..................................................................................................... I-6 Prior Approval of Subcontractors .................................................................................. I-6 Subletting of Agreement ............................................................................................... I-7 Public Records Requirements ..................................................................................... I-7 Default of Contract ....................................................................................................... I-7 Attorney’s Fees ............................................................................................................ I-7 Governing Law and Venue ........................................................................................... I-8 Conflict of Interest ........................................................................................................ I-8 Order of Precedence ................................................................................................... I-8 Public Entity Crimes .................................................................................................... I-8 Hold Harmless .............................................................................................................. I-9 Drug Free Workplace ................................................................................................... I-9 Vendor Registration ...................................................................................................... I-9 Disputes and Complaints .............................................................................................. I-9 Public Records ............................................................................................................. I-9 Compliance with Immigration Laws .............................................................................I-10 Prohibition Against Considering Social, Political Or Ideological Interests In Government Contracting ..................................................................................................................I-11 iii

Prohibition on Scrutinized Companies .........................................................................I-11

PART D – BID FORMS

Submittal Checklist Bid Form Bid Schedule Bid Bond Vendor Reference Form Drug Free Workplace Form No-Collusion Affidavit Lobbying Certification Conflict of Interest Form Certified Resolution Truth-In-Negotiation Certificate Certification Regarding Debarment, Suspension, Responsibility

PART E–INSURANCE REQUIREMENTS AND PERFORMANCE & PAYMENT BONDS

Insurance Requirements Required Use of American Iron, Steel, Manufactured Products and Construction Materials Performance & Payment Bonds

Attachments

Drawings

PART A

TECHNICAL SPECIFICATIONS

UNDER SEPARATE COVER

General Conditions for Construction Rev (04-24)

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PART B

GENERAL CONDITIONS FOR CONSTRUCTION

1. Definitions

“Owner” The City of Tarpon Springs, Florida.

“Contractor” The person, firm, or corporation with whom this Contract is executed by the Owner.

“City Manager” The duly appointed City Manager of the City of Tarpon

Springs, Florida.

“Contract Documents” This Agreement and attached Exhibits, the General

Conditions, the Supplementary Conditions (if any),the Special Conditions (if any), the Drawings (the titles of which are attached hereto as Exhibit A), the Specifications (the titles of which are attached hereto as Exhibit B), any Addenda issued prior to execution of this Agreement, the Invitation for Bid (including any Instructions to Bidders, Scope of Work, Bid Summary, Supplements, and Technical Specifications), any interpretations issued pursuant to the Invitation for Bid, the Contractor’s Bid, the permits, the notice of intent to award, the Notice to Proceed, the purchase order(s) (if any), any other documents listed in this Agreement, and Modifications [to include written Amendment(s), Change Order(s), Work Directive Change(s) and Field Directive(s)] issued after execution of this Agreement.

“Engineer”: The City Engineer of Tarpon Springs or a duly appointed representative.

“Bidder” Any person, firm, or corporation submitting a bid for the contemplated work.

“Subcontractor” Any person, firm, or corporation having a direct contract with the Contractor for the performance of a part of the work at the site.

“Work” All labor, material, tools, and equipment necessary to produce the construction required by the contract documents.

“Inspector” An authorized representative of the Engineer assigned to make any and all inspections of the work performed, and materials furnished by the Contractor.

“Board of The governing body of the City of Tarpon Springs, Florida Commissioners” hereinafter referred to as the “Board”.

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“Plans” The drawings prepared by the Engineer that show the location, character, dimension, and details of the work to be done.

“Specifications” The detailed written directions, provisions, and requirements relating to the quantities and qualities of the work to be performed under the contract.

“Addendum” A modification of the plans, specifications, or other contract documents issued by the Engineer and distributed to the bidders before the opening of bids.

“Change Order” A written order authorized by the Board to the Contractor directing certain changes, additions, or reductions in the Work.

“Substantial Completion” The stage in the process of the work or designated portion is sufficiently complete in accordance with the contract documents so that the owner can occupy or utilize the work for its intended use.

“Surety” The entity engaged by the Contractor to be responsible for the Contractor’s acceptable performance of the Contract and the Contractor’s payment of all debts pertaining thereto.

“Bid Security” The surety bond or certified check furnished by the bidder with his bid proposal.

“Payment Bond” A bond, which assures payments, as required by law, to all persons supplying labor or material for the completion of work under the contract.

“Performance Bond” A bond, executed subsequent to award by the Contractor from loss due to the Contractors inability to complete the contract as agreed; secures the fulfillment of all contract requirements.

2. Covenants Against Contingent Fees

The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the Owner shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract price or consideration, or otherwise recover the full amount of such commission, percentage brokerage or contingent fee.

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3. Site Investigation

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

The Contractor further acknowledges that Contractor has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered, insofar as this information is reasonably ascertainable from inspection of the site, including all exploratory work done by the Owner, as well as from information presented by the Contract Documents made a part of this contract.

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

Owner does not guarantee that any site or soil conditions will be as described and are available only upon waiver of all responsibility of the Owner. It is the Contractor's sole risk and responsibility to verify such information in order that he may complete the project as specified and shown in the contract documents.

Under no condition will a variation in the information obtained by the Owner on site or soil conditions, including subsurface soil conditions at the job site, be accepted as a basis in any claim for extra compensation.

Submittal of a bid by the Contractor shall be taken as prima facie evidence of compliance with this section.

The Owner assumes no responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by the Owner. The Owner also assumes no responsibility for any understanding or representations made by its officers or agents during or prior to the execution of this Contract, unless:

1) such understanding or interpretations are made in writing by the Engineer or are expressly stated in the Contract; and

2) the Contract expressly provides that the responsibility therefore is assumed by the Owner.

The Contractor shall assume all risks resulting from any changes in the conditions which may occur during the progress of the work resulting from Acts of God.

4. Bid Documents/Cost

Bid Documents with Instructions and Contract Documents may be obtained only from Bonfire (https://ctsfl.bonfirehub.com/portal/?tab=openOpportunities).

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5. Equal Opportunity

Attention of Contractor is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, or national origin.

6. Insurance Requirements

The successful bidder must provide a Certificate of Insurance in accordance with Insurance Requirements, Construction Agreement, prior to issuance of a Purchase Order and Notice To Proceed.

7. Patents

The Contractor shall obtain all necessary consents and shall pay all royalties, licenses, and fees for the use of any patented invention, articles, composition, or process in the work done or the materials furnished, or any part thereof embraced in this Contract. The Contractor shall be responsible for any claims made against the Owner, its agents, and employees for any actual or alleged infringement of patents by the use of any patented articles, appliances, etc., in the construction and completion of the work and shall save harmless and indemnify the Owner, its agents, and employees from all costs, expenses, and damages, including attorney's fees which the Owner may be obliged to pay by reason of any actual or alleged infringements of patents used in the construction and completion of work herein specified.

8. Assignments

Neither the Contractor nor the Owner shall sell, transfer, assign, or otherwise dispose of the Contract or any portion thereof or of the right, title, or interest of his obligations hereunder, without the written consent of the other party.

9. Permits

A construction permit, tree removal permit (if applicable), and a building permit issued by the City of Tarpon Springs to the Contractor will be required prior to start of the Contract. Fees for these permits will be waived if the Contractor obtains these permits prior to construction. Fees will be charged to the Contractor if he neglects to obtain permits prior to construction. Any penalty fees collectable by the City of Tarpon Springs shall NOT be waived. In addition, the Contractor shall be responsible for obtaining all permits/licenses necessary to complete the work.

10. Sign: City Of Tarpon Springs Tax Dollars At Work

The successful contractor shall display a project sign at the project site at all times during construction. The City shall provide a sign template document/file to the contractor. The contractor shall furnish and install the sign in accordance with the template provided by the City. The sign size shall be a minimum of 4-feet tall by 8-feet wide and shall be mounted in an approved location on approved

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mounting supports (i.e. nearby fencing, 4 x 4 beams, or other mounting options as approved by the City Project Manager).

11. Submission Of Formal Bid

A TOTAL BID shall be submitted electronically on Bonfire, including Bid the Proposal Form, all applicable Warranties & Guarantees of Workmanship, Bid Guaranty, Vendor References, (if not currently on file), listing of Manufacturers and Suppliers, and all ADDENDA, if issued.

12. Liquidated Damages

The amount of liquidated damages for the project is hereby established as $471.00 per calendar day.

13. Five Percent (5%) Retainer

A five percent (5%) retainer or partial payment will be withheld until the final acceptance of the work and the satisfaction of any liquidated damages.

14. Contingency Statement

In the event sufficient funds have not been currently made or are not available for a new fiscal period, the City shall notify the Contractor of such occurrence; and contract shall terminate on the last day of current fiscal period without penalty or expense to the City.

15. Plans And Specifications Furnished To Contractors

The successful Contractor shall be entitled to receive from the Engineer four (4) sets of contract plans and specifications at no cost to the contractor. Additional plans and specifications may be purchased from the Engineer at the cost of reproduction.

16. Qualifications Of Contractors And Subcontractors

The Contractor shall assure that all superintendents, foremen, crafts, and workers are competent, careful, and reliable. All crafts and workers must have sufficient skill and experience to properly perform the work assigned them. All crafts and workers engaged in any trade shall have had sufficient experience in such work to perform it properly and satisfactorily and to operate the equipment involved and shall make due and proper effort to execute the work in the manner prescribed in the Contract Documents, or the Engineer may take action as follows:

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

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17. Engineer's Status

The Engineer cannot direct day-to-day work or Contractor's employees. The day-to-day responsibility of furnishing competent supervision and superintending shall be that of the Contractor in accordance with the article hereof regarding supervision. The Engineer has authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Engineer shall also have authority to reject all work and materials which do not conform to the contract and to decide questions and disputes which arise in the execution of the work.

The Engineer in all cases shall have the authority to determine the amount, quality, acceptability, and fitness of the several kinds of works, materials, and equipment which are to be paid for under this contract. Any such determination, however, in no way guarantees the Contractor's workmanship, materials, or equipment used. The Engineer shall also determine all questions or conflicts which may arise in relation to the work and the performance of the contract.

The Engineer does not underwrite, guarantee, or ensure the work done by the Contractor. It is the Contractor's responsibility to perform the work in all details in accordance with the contract documents, and the Engineer shall never be responsible or liable to the Contractor or any other party by reason of the Contractor's failure to do so.

18. Inspection Of Work

The purpose of inspection is to ensure compliance with the technical specifications and contract documents. The Engineer and the Engineer's representatives shall at all times have access to the work; and the Contractor shall provide proper facilities for such access and for inspection including scaffolds, lighting, etc. If the specifications, the Engineer's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved; the Contractor shall give the Engineer timely notice of its readiness for inspection, and if the inspection is by another authority other than the Engineer, of the date fixed for such inspection. Inspection by the Engineer shall be made within a reasonable time after notification and, where practicable, at the source of supply. If any work should be covered up without approval or consent of the Engineer, it shall, if required by the Engineer, be uncovered for examination at the Contractor's expense.

Re-examination of questioned work may be ordered by the Engineer; and, if so ordered, the work shall be uncovered by the Contractor. If such work is found to be in accordance with the Contract documents, the Owner shall pay the cost of re-examination and replacement. If such work is found not to be in accordance with the Contract documents, the Contractor shall pay such cost.

The Engineer may appoint such persons as the Engineer may deem necessary to inspect, at any time, the materials and equipment furnished, and the work done under this contract. Said inspections are to be made at the shop or plant or at the site of the work at the discretion of the Engineer.

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No inspection or direction, no failure to inspect or direct, no approval of payments, nor the presence or absence of any employees of the Owner or Engineer during the execution of the work shall relieve the Contractor of any of its obligations to fulfill the contract; nor shall prevent the rejection of the said work, materials, and equipment, in whole or in part, at any time, should said work, materials or equipment be found by the Owner or Engineer to be defective or not in accordance with the requirements of the contract documents.

19. Schedule

Within ten days after the execution of the Contract, the Contractor shall deliver to the Engineer a schedule of delivery of materials and a construction progress schedule in a form satisfactory to the Engineer and showing the proposed dates of commencement and completion of each of the various subdivisions of work.

In conjunction with the construction schedule, the Contractor shall furnish the Engineer a schedule of anticipated monthly payments that will become due and at the same time furnish the Engineer with a detailed estimate giving a complete breakdown of the value of items of work to be paid for in lump sums for the purpose of making partial payments thereon. The values employed in making up any of these schedules are subject to acceptance by the Engineer and will be used only for determining the basis of partial payment and will not be considered as fixing a basis for additions to or deductions from the contract price.

20. Shop Drawings

The Contractor shall provide shop drawings as may be necessary for the prosecution of the Work as required by the Contract documents. The Engineer shall promptly review all Shop Drawings. The Engineer's approval of any Shop Drawing shall not release the Contractor from responsibility for deviations from the Contract documents. The approval of any Shop Drawing which substantially deviates from the requirement of the Contract documents shall be evidenced by a Change Order.

When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that he has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract documents.

Portions of the Work requiring a Shop Drawing or sample submission shall not begin until the Shop Drawing or submission has been approved by the Engineer.

A copy of each approved Shop Drawing and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the Engineer.

21. Line And Grade

The Contractor shall employ a competent surveyor satisfactory to the Owner and the Engineer to lay out the work from the benchmarks, grades, dimensions, points, and lines noted on the working drawings, established at the site, or supplied by the Engineer. All work of every description shall be laid out and checked by the Contractor, who will be held solely responsible for its correctness.

All expenses in connection with this work shall be paid for by the Contractor. The

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maximum allowable interval for construction batter boards on sewers and pipe lines will be twenty-five (25) feet for grades under 1.00 per cent and fifty (50) feet for grades of 1.00 per cent and over. The work may be checked by the Engineer;

and, in the event of discrepancy, the Engineer's decision shall be final.

No special compensation will be made to the Contractor to defray costs of any of the work or delays occasioned by making surveys and measurements, tests, or inspections. Such costs shall be considered as having been included in the price stipulated for the several items of the work to be done under this contract.

22. Use Of Completed Portions

The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work or such portions may not have expired. Such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation or extension of time or both as the Engineer may determine.

23. Water

The cost of all water for construction and testing purposes, as well as the expense of having the water conveyed to and about the work, must be borne by the Contractor. The cost of this work shall be considered as having been included in the unit or lump sum prices stipulated for the several items or work to be done under this contract.

Unless otherwise specifically permitted by the Engineer, all water used for construction purposes shall be obtained from the public water supply main.

Contractor shall use temporary or permanent water meters to measure all of the water it uses. Meters shall be provided as outlined in the Tarpon Springs Municipal Code. Water shall be purchased at prevailing City rates.

24. Subcontractors

Within ten (10) days after the award of each and every Subcontract, the Contractor shall deliver to the Engineer a statement setting forth the name and address of the Subcontractor and a summary description of the work contracted.

The Contractor shall be as fully responsible to the Owner for the acts and omissions of Subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by the Contractor.

The Contractor shall not award more than thirty (30) percent of the Contract price to any Subcontractor or group of Subcontractors without the prior written approval of the Engineer.

Nothing contained in this Contract shall create any contractual relationship between any Subcontractor and the Owner.

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25. Cooperation With Others

The Contractor will cooperate with City crews or others who may be engaged in authorized work prior to final completion of the project.

26. Supervision By Contractor

The Contractor will supervise and direct the Work and be solely responsible for the means, methods, techniques, sequences, and procedures of construction.

The Contractor will employ and maintain on the Work a qualified Supervisor or Superintendent, who shall have been designated in writing by the Contractor as the Contractor's representative at the site. The Supervisor shall have full authority to act on behalf of the Contractor, and all communications given to the Supervisor shall be as binding as if given to the Contractor.

27. Area For Work And Access Thereto

The Owner will furnish and define the limits of adequate land for access to the construction site and for the site proper. All information shown on the plans constitutes the extent of land provided by the Owner. Any and all other lands required by the Contractor shall be procured by the Contractor at the Contractor's expense.

As the work progresses, the Contractor shall keep the site clear of rubbish, trash, waste, and other disposable materials. If the Contractor allows the site to become littered and unsightly, any payments otherwise due may be withheld until the Contractor cleans up the site to the satisfaction of the Owner.

Temporary buildings (storage sheds, shops, offices, etc.) may be erected by the Contractor only with the approval of the Engineer and shall be built with labor and materials furnished by the Contractor without expense to the Owner. Such temporary buildings and utilities shall remain the property of the Contractor and will be removed by Contractor at Contractor's expense upon the completion of the work. With the written consent of the Engineer, such buildings and utilities may be abandoned and need not be removed.

28. Storage Of Material

Materials shall be so placed as to permit easy access for proper inspection and identification of each shipment. Any material which has deteriorated, become damaged, or is otherwise unfit for use shall not be used in the work and shall be removed from the site.

29. Material Safety Data Sheets Requirement

If any chemicals or materials or products containing toxic substances, as defined by Chapter 442, Florida Statutes, are to be used at any time during this Contract pursuant to completion of this Contract; the Contractor shall furnish Material Safety Data Sheets to the Engineer prior to commencing such use.

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30. Convict Labor

In connection with the performance of work under this Contract, the Contractor agrees not to employ any person undergoing sentence of imprisonment.

31. Monuments And Landmarks

Monuments or landmarks shall not be molested or removed by the Contractor or any of its employees without the written consent of the Engineer. Any monument or landmark so removed will be replaced by the Engineer at the expense of the Contractor.

32. Sanitary Facilities

The Contractor shall provide and maintain adequate sanitary conveniences for the use of persons employed on the work. These conveniences shall be maintained at all times without nuisance, and their use shall be strictly enforced.

33. Use Of Explosives

No blasting shall be done except upon written approval by the Owner and any other governmental agency or political subdivision having jurisdiction.

34. Protection Of Existing Structures, Utilities, Work, And Vegetation

Location of existing structures and utilities shown on the plans are approximate only. Any damage to existing structures or work of any kind or the interruption of a utility service resulting from failure to comply with the requirements of this contract caused by carelessness shall be repaired or restored promptly by or at the expense of the Contractor.

The Contractor will preserve and protect all existing vegetation such as trees, shrubs, and grass on or adjacent to the site which do not unreasonably interfere with the construction as may be determined by the Engineer. The Contractor will be responsible for all unauthorized cutting or damaging of trees and shrubs, including damage due to careless operation of equipment, stockpiling of materials, or tracking of grass areas by equipment.

Care will be taken by Contractor in felling trees authorized for removal to avoid unnecessary damage to vegetation that is to remain in place. Any limbs or branches of trees broken during such operations shall be trimmed with a clean cut and painted with an approved tree pruning compound if required by the Engineer. The Contractor will be liable for or may be required to replace or restore at its own expense all vegetation not protected and preserved as required herein that may be destroyed damaged.

35. Work On Saturdays, Sundays, And Holidays

No work will be permitted on a Saturday, Sunday, or Holiday unless permission to work has been requested in writing by Contractor, and written approval has been granted by the Engineer. Holiday is defined as any Holiday listed in the City of Tarpon Springs Personnel Department Rules and Regulations.

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Should the Contractor engage in the prosecution of the work on a Saturday, Sunday, or Holiday, having first been duly authorized to do so in accordance with the provisions stated above, the Contractor shall pay to the Owner as a reimbursement of additional costs incurred by the Owner in providing engineering, inspection, or survey services on such days the sum of THREE HUNDRED AND NO/100 DOLLARS ($300.00) per day per Inspector for each Saturday, Sunday, or Holiday on which the Contractor engages in the prosecution of the work.

Payment to the Owner of such sums as may become payable under the provisions of this Article shall be made by identifying the said sums as a credit item on the Contractor's pay estimate for the period during which the liability for the sums shall have been incurred. The credit item shall show the total number of man-days applicable above, times the corresponding sum.

36. Delays

The Owner may grant an extension of time for the completion of the work provided:

(1) the delay of the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor; including, but not restricted to, Acts of God, acts of the public enemy, acts of the Owner or other governmental entity acting in its official or contractual capacity, fires, floods, epidemics, quarantine, restrictions, strikes, trade embargoes, unusually severe weather, or delays of Subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of both Contractor and such Subcontractors or suppliers; and

(2) the Contractor within forty-eight (48) hours from the beginning of any such delay notifies the Engineer in writing of the cause of the delay. The Engineer shall ascertain the facts and the extent of the delay and recommend to the Board the extension of time needed for completing the work when, in the Engineer's judgment, the findings of fact justify such an extension. The Engineer's findings shall be final and conclusive.

Extensions of time will not be granted for delays caused by inadequate construction force or for the failure of the Contractor to timely order equipment or materials. No claim shall be made for acceleration caused by delays, notwithstanding the fact that the job may be completed within the contract period.

37. Clean-Up

As the work progresses and as the Engineer may direct, the Contractor shall remove from the site and dispose of debris and waste material. Particular attention shall be given to minimizing any fire hazard from combustibles as may be used in connection with the work.

Upon failure of the Contractor to keep the sites of its operations clean to the satisfaction of the Engineer, the Owner may upon twenty-four (24) hours' notice to the Contractor remove any rubbish, materials, earth, etc., which the Engineer may deem necessary. The cost thereof will be charged to the Contractor, and the amount may be deducted from any money that may be due the Contractor.

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On or before the date of the final estimate for the work, the Contractor shall tear down and remove all temporary structures that it built; shall remove all construction plant that it used; shall repair and replace all parts of existing embankments, fences, sidewalks, shrubbery, or structures which were removed or injured by the Contractor's operations or by Contractor's employees; shall thoroughly clean out all sewer, drains, pipes, manholes, and miscellaneous structures; and shall remove all rubbish and leave the grounds, thoroughfares, and rights-of-way in a neat condition satisfactory to the Engineer.

38. Defective Work Or Materials

If at any time any materials or workmanship should be discovered which do not comply with the plans, specifications, and contract drawings; such defective work and material shall immediately be removed or corrected by the Contractor when notified to do so by the Engineer. Such defects shall be replaced or corrected at the Contractor's expense. Any work or materials condemned by the Engineer as unsuitable or improperly done shall be removed and repaired or otherwise remedied as the Engineer may require.

If the Contractor shall neglect or refuse to remove or replace defective work or materials within seven (7) days from the date of the notice from the Engineer to do so, then the Owner may remove or cause the same to be removed and satisfactorily replaced by contract or otherwise, as Owner may deem expedient.

Owner may and is empowered to charge the expense thereof to the Contractor.

If moneys due to the Contractor are not sufficient to deduct the expenses that become due under this agreement, then the additional moneys shall be furnished by the Contractor. If the Contractor refuses or neglects to provide the necessary moneys, they shall be provided by his Surety.

39. Change Orders And Time Extensions

Without invalidating the contract, the Owner may at any time, by written order and without preliminary notice to the surety, order extra work within the general scope or alter the work by addition or deduction; and the contract price will be adjusted accordingly.

The value of such extra work or change shall be determined by contract unit prices, if applicable unit prices are set forth in the Contract. The amount of the change shall be computed from such prices and added to or deducted from the Contract price.

If applicable unit prices are not in the contract, the value of such extra work or change shall be determined by negotiation. The Owner and Contractor may negotiate a change order to the contract at mutually satisfactory unit prices or lump sum for the extra work, addition, or deletion ordered. If no mutual agreement occurs between the Owner and the Contractor, the change in the Contract Price, if any, shall be derived by determining the reasonable actual costs incurred or savings achieved, resulting from revisions in the work. Such reasonable actual costs or savings shall include a component for direct jobsite overhead and profit but shall not include home-office overhead or other indirect

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costs or components. Any such costs or savings shall be documented in the format and with such content and detail as the Owner or the Engineer requires.

Except for emergencies described below, in no case shall any extra work be paid which has not been previously authorized by a change order approved by Owner's Board of Commissioners. Payment by such change order shall represent full and complete compensation to the Contractor for labor, materials, incidental expenses, overhead, profit, impact costs, and time associated with the work authorized by such change order. However, in cases of emergency likely to cause personal injury or property damage, Contractor may rely upon written authorization from the Owner's City Manager or City Engineer.

If Contractor experiences unforeseen conditions which, in Contractor's opinion, require additional work, Contractor shall have fifteen (15) days from date thereof to notify Owner's City Manager in writing of that condition. Furthermore, Contractor shall have thirty (30) days from the date of such notification to the City Manager to submit a change order to Engineer. That request shall detail such conditions and the costs of all labor and materials incidental thereto. Failure to comply with such notification shall be cause to waive Contractor's right to compensation for such delinquent change order. However, in cases of emergency likely to cause personal injury or property damage, Contractor may rely upon written authorization from the Owner's City Manager or City Engineer.

40. Operation And Maintenance Instructions

The Contractor shall furnish to the Owner two (2) sets of brochures containing spare parts data and operating and maintenance instructions on all equipment incorporated into the work. Copies of all manufacturers' guarantees and warranties shall also be furnished by the Contractor to the Owner. Final payment will not be made until this material is received by the City.

41. Guaranty

The Contractor shall guarantee all materials and equipment furnished and work performed for a period of one year from the date of acceptance of the completed work. The Contractor warrants and guarantees for a period of one (1) year from said date that the completed work is free from all defects due to faulty materials or workmanship, and the Contractor shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects. The Owner will give notice of observed defects with reasonable promptness.