Attachment_C_Pond_Construction_RFP.pdf

Specification No. 2026-SBSAC-01 Page 1 Revision: A

SPECIFICATION WITH TERMS AND CONDITIONS

FOR

McIntosh Pond Construction

AT THE

MCINTOSH POWER PLANT

PREPARED BY:

THOMAS JOHNSTON

LAKELANDLAKELAND ELECTRIC

CITY OF LAKELAND

LOG OF REVISIONS

REV. NO. DESCRIPTION OF CHANGES DATE APPROVED BY

A Original Issued for Review 7/5/2025 T Johnston

Specification No. 2026-SBSAC-01 Page 2 Revision: A

Contents

SECTION 1.0, DEFINITIONS

1.1 General Definitions

SECTION 2.0 DESCRIPTION OF WORK

2.1 Scope

2.1.1 Project Information

2.1.2 Plant And Process History Description

2.1.3 Scope of Work

2.1.4 Facility Protection Requirements and Permit Compliance Requirements

2.2 Schedule

2.3 Final Acceptance

2.4 Bid Scope

2.5 Proposal Pricing Criteria

SECTION 3.0, TECHNICAL SPECIFICATIONS

3.1 Attachments and Drawings

3.2 Workmanship

3.3 Work Time

3.4 General Procedures for Site Work

3.5 Materials and Equipment

3.6 Quality Assurance

SECTION 4.0, DEFINITION OF RESPONSIBILITIES

4.1 CONTRACTOR’S Responsibilities

4.2 General Responsibilities of the OWNER

SECTION 5.0 CONTRACTOR SERVICES

5.1 Document Distribution

5.2 Performance Tests

5.3 Shipments by Contractor

5.4 Drawings

SECTION 6.0 BID PREPARATION

6.1 Proposer’s Qualifications

6.2 Proposal Instructions

6.3 Pre-Proposal Meeting

6.4 Bid Addenda

Specification No. 2026-SBSAC-01 Page 3 Revision: A

6.5 Placement of Order

6.6 Post Bid Meeting

6.7 Compatibility with Jobsite Conditions

6.8 CONTRACTOR'S State License

6.9 Acceptance of Proposal

SECTION 7.0 GENERAL PROVISIONS

7.1 Form of Agreement

7.2 Change Orders

7.3 Project Schedules

7.4 Subcontractors

7.5 Back-Charges

7.6 Payment

7.7 Invoices

7.8 Substitutions

7.9 Performance Guarantee and Equipment Warranty

7.10 CONTRACTOR'S Obligations

7.11 CONTRACTOR'S Cooperation

7.12 Assignment

7.13 Codes and Regulations

7.14 OWNER'S Representative

7.15 Inspection

7.16 Fire Protection

7.17 Site Clean Up

7.18 Plant Location and Access

7.19 Entrance Gate and Parking

7.20 Operations Interference

7.21 Royalties and Patents

7.22 Damages to Asbestos Designated Equipment

7.23 Licenses and Insurance

7.24 Default

7.25 Termination for Convenience

7.26 Delay

7.27 Force Majeure

Specification No. 2026-SBSAC-01 Page 4 Revision: A

7.28 Claims and Contract Negotiation

7.29 Notice

7.30 Jurisdiction, Venue and Governing Law

7.31 Public Records

SECTION 8.0 SPECIAL REQUIREMENTS

8.0 Right to Offset

Drawings and Attachments

Specification No. 2026-SBSAC-01 Page 5 Revision: A

SECTION 1.0, DEFINITIONS

1.1 General Definitions

Wherever used in this Specification or in the other Contract Documents, the following terms shall have the meanings indicated which shall be applicable of both the singular and plural thereof:

a. Addendum - Changes to the original Specification covering the Work to be performed.

b. Approved - Approved, acceptable, considered necessary, satisfactory, or words of similar meaning shall mean approved, acceptable, considered necessary or satisfactory to or by the OWNER

c. Proposer – Proposer shall be the person, persons, partnership, company, or corporation responding to the OWNER’s Request for Proposal in accordance with the OWNER’s established policies and procedures.

d. Change Order - A written order to CONTRACTOR signed by the OWNER 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 Contract.

e. Contract – Contract shall mean the definitive final written agreement between OWNER and CONTRACTOR incorporating the covenants, terms, conditions, and technical requirements of this Specification.

f. Contract Documents - The Contract Documents shall mean, collectively, the OWNER’s RFP or Invitation to Bid, the Contract, this Specification, OWNER approved addendum and exceptions, the Public Construction Bond, the OWNER’s Purchase Order and CONTRACTOR’s proposal which are intended to be complementary, and what is required by any one of them shall be as binding as if required by all. In the event of a conflict, the order of hierarchy shall be the order listed in the finalized version of the Contract or on the Purchase Order.

g. Contract Time - The total number of calendar days, and any completion dates for phases or segments of the Contract Work shown on the Final Schedule to be completed by the parties.

h. Contract Price - The total monies, payable to CONTRACTOR under terms of the Contract.

i. CONTRACTOR - The person, persons, partnership, company, or corporation undertaking the performance of the Work required by the Contract.

j. Day – A calendar day or any fraction thereof.

k. Equal - The words "or equal" used in connection with materials, products, or equipment designated by manufacturer's names, trade names or catalog numbers are intended to establish a standard. Other materials, products, or equipment meeting or exceeding the established standard may be used provided that their equivalency has been demonstrated to the satisfaction of the OWNER and that written approval of their use has been obtained.

l. Field Order - A written order signed by the OWNER and CONTRACTOR as an agreement of clarification of the Contract and not any adjustment in the Contract Price or Time.

Specification No. 2026-SBSAC-01 Page 6 Revision: A

m. "Hazardous Materials" shall mean those materials included within the definitions of “hazardous substances”, “hazardous materials”, toxic substances”, “contaminants” or “hazardous wastes” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 USC Sections 9601, et seq.); the Hazardous Materials Transportation Act, as amended (49 USC Sections 1801, et seq.); the Resource Conservation and Recovery Act, as amended (42 USC Sections 9601, et seq.); the Toxic Substance Control Act as amended (15 USC Section 2601 et seq.); the Environmental Protection Act, R.S.O. 1990, C.E. 19; the Environmental Protection Act, S.C. 1991 c. 15.3, as amended; and in any of the regulations adopted, published, and promulgated pursuant to said laws, or in any other Laws and Regulations.

n. Installation - Installation includes in addition to actual installation, all unloading, warehouse handling, rigging and hoisting, and furnishing of all tools, equipment and materials required to handle and install the Work, except as otherwise specified in the Contract.

o. Invitation to Bid – Invitation to Bid shall be the Request for Proposal (RFP) or other notice duly issued by the City of Lakeland’s Purchasing Department incorporating the Specification and other documents as may be required by municipal code or charter or by Florida statutes to solicit competitive prices for labor, material, and services.

p. Manufacturer - An individual, firm or corporation who is furnishing material or equipment to either the OWNER or CONTRACTOR or both.

q. By Others - Refers to labor or materials to be furnished by the OWNER, by a contractor or subcontractor other than CONTRACTOR

r. OWNER - The City of Lakeland or its authorized representatives, successors or assigns.

s. Project - The entire construction and Work to be performed as provided in the Contract.

t. Provisional Acceptance – Provisional Acceptance shall occur upon successful completion of all of the Work except for; (i) final completion of the punch list, (ii) delivery of as-builts and, (iii) completion of the applicable Performance Test(s).

u. Purchase Order (PO) – A Work authorization document issued by the OWNER’S Purchasing Department with the words “Purchase Order” clearly marked on the top right corner, a PO number used for reference shown on the front, a description of the Work or a listing of the applicable Contract Documents, an authorized OWNER signature and stating the amount of lawfully authorized funds. Purchase Orders are the only documents that authorize payment of changes to the total amount authorized on the Contract.

v. Schedule – the agreed upon sequence of activities with start and finish dates including logical relationships of activities, deliverables, and milestones agreed to at issuance of Purchase Order

w. Shop Drawings - All Manufacturer's and CONTRACTOR’s drawings, diagrams, illustrations, brochures, schedules, and other data which illustrate the details of the equipment, material and Work to be furnished for the Project.

x. Specification – Specification shall mean the covenants, terms, conditions, and technical requirements contained in this written document titled, SOUTH BYPRODUCT STORAGE AREA CLOSURE at McIntosh Power Plant – SPECIFICATION Number. 2023-SBSAC-01 Rev. A.

y. Work - Work shall mean all the activities as generally described in the scope sections (typically sections 2 and 3) of the Specification.

Specification No. 2026-SBSAC-01 Page 7 Revision: A

z. Worksite – The site upon which the Work is to be performed known as the City of Lakeland McIntosh Unit 3 power plant located on the northeast shore of Lake Parker in Lakeland, Florida.

The terms “Jobsite” and “Worksite” may be used interchangeably. (modify for the appropriate place)

aa. Deg. F – stands for temperature degrees in Fahrenheit

bb. ENGINEER or CONSTRUCTION QUALITY ASSSURANCE (CQA) CONSULTANT – Shall refer only to a

City of Lakeland representative or its authorized representative to review CONTRACTOR work and project completion

cc. “New Admin Pond” shall refer to the new proposed Stormwater Retention Pond denoted on Sheet 12 of the Attachment E titled “McIntosh Power Plant Demo (FW8287)”

dd. “New West Pond” shall refer to the new proposed Stormwater Retention Pond denoted on Sheet 13 of the Attachment E titled “McIntosh Power Plant Demo (FW8287)”

Specification No. 2026-SBSAC-01 Page 8 Revision: A

SECTION 2.0 DESCRIPTION OF WORK

2.1 Scope

The CITY OF LAKELAND is seeking bids from a qualified CONTRACTOR to perform all required activities to construct detention/retention stormwater ponds at the southern section of the McIntosh Power Plant (MPP).

The following are the work site locations:

a. McIntosh Power Plant, 3030 E. Lake Parker Drive, Lakeland, FL, 33805

The CONTRACTOR shall provide without limitation, all labor, materials, equipment, and supervision to perform the work scope listed in this Specification. Any work or materials not specifically detailed in this Specification and documents, but would be required to perform the work, shall be included as part of the CONTRACTOR’S scope. These items will be invoiced at the time and material (T&M) rates negotiated through this bid. All work shall conform to Section 3.0 – TECHNICAL SPECIFICATIONS and all other sections of this Specification.

2.1.1 Project Information

Furthermore, the following requirements will be included but are not limited to:

a. The primary objective of this project is to complete the physical construction of two new stormwater detention/retention ponds to implement changes to the site wide stormwater management system.

b. The areas of the coal yard on the West Side of East Lake Parker and land \to the East of the West Admin Pond have been identified as potential laydown area for cut volumes from West Pond Excavation. The McIntosh Plant West of Lake Parker Dr. has active generating units, and operation of these units takes absolute priority over all activities at either facility. Attachment FW8287 indicates the project area, property boundary, and potential laydown area. Not all areas of the property are available for stockpiles, areas must be approved by OWNER.

2.1.2 Plant And Process History Description

The McIntosh Power Plant (MPP) and associated facilities are located on a 530-acre property at 3030 East Lake Parker Drive in Lakeland, Polk County, Florida. The MPP facility has a combined generation capacity of 510 Megawatts, consisting of multiple units including two diesel peaking units, two simple cycle combustion turbines (Units MGT1 and MGT2 and a combined cycle natural gas unit (Unit No. 5). The southern section of the facility previously held additional generating unit (units 1, 2, and 3) which have since been retired and demolished. The stormwater management system subsequently requires modification as a result of these changes, and an Environmental Resource Permit was obtained to build two new stormwater retention ponds. The construction of these ponds and their associated features are the scope of this project.

2.1.3 Scope of Work.

The following is a description of the expected order of Work by the CONTRACTOR. It is not intended to establish a rigid or required construction sequence. The anticipated sequence of work includes:

Initial Sequence Of Work

Specification No. 2026-SBSAC-01 Page 9 Revision: A

Site Preparation

1. Site mobilization and hook-up of CONTRACTOR’s field offices and mobilization of contractor's construction equipment.

2. Identification of contractor's equipment lay-down and soil stockpile areas. CONTRACTOR shall record these locations on the SWPPP drawing.

3. CONTRACTOR shall provide a health & safety plan in accordance with contract documents and approved work schedule.

4. Install erosion and sediment controls including turbidity barriers and silt fence around the limits of work and in laydown areas per Construction Stormwater Pollution Prevention Plan.

Surface Preparation and Grading

5. Removal of existing structures such as asphalt, foundations, and abandoned in place underground septic system in project area. Proper disposal of all materials.

6. Construct stormwater management features such as top deck berms, sideslope berms, sideslope channels, perimeter channels, culverts, and armored outlets. Excess material shall be stored in an onsite borrow material location (colloquially old U3 cooling tower area).

7. Remove all temporary control best management practices (BMPs) and stabilize any areas disturbed by the removal of erosion controls. Prepare site for final sodding, as indicated on drawings, and monitor areas until final stabilization is achieved. Final stabilization is defined as at least 80 percent live vegetation coverage.

Throughout the Project:

CONTRACTOR shall use only clean fill material for this project. The fill material shall be free from items such as trash, debris, automotive parts, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance in toxic amounts, in accordance with Section 307 of the Clean Water Act.

Prior to the initiation of any work in a given area, the CONTRACTOR shall install erosion control measures along the perimeter of all work areas to prevent the displacement of fill material outside the work area into waters of the United States. The erosion control measures shall remain in place and be maintained until all authorized work is completed and the work areas are stabilized.

Specification No. 2026-SBSAC-01 Page 10 Revision: A

2.1.4 Facility Protection Requirements and Permit Compliance Requirements CONTRACTOR is responsible for identifying and protecting any and all utility lines in the project area. There are underground utilities running alongside E Lake Parker Drive, and a fiber optic line that runs inside the fence line right at the perimeter of the Eastern edge of the New Admin Pond.

CONTRACTOR is responsible for locating all underground utilities and proper measures shall be implemented to protect all such utilities on the property during the project. Any repairs, cleanup, sampling or other corrective actions required due to damage to utility lines occurring during the project shall be at CONTRACTORS expense. OWNER has provided a drawing “Attachment F” titled “McIntosh Underground” depicting the currently known location of various utilities. This provision of this drawing shall not be interpreted to absolve CONTRACTOR of any responsibility for locating underground utilities or conflicts.

a. All work on the site shall comply with the existing site permits, including but not limited to the Department of the Army permit number SAJ-1997-07280 (NWP-AJP), Nationwide Permit 7 (NWP 7) and site stormwater construction permit. This includes implementation of SWPPP BMPs, Fugitive Dust Control plans, and Eastern Indigo Snake Protection Measures.

CONTRACTOR will provide a qualified stormwater inspector to conduct weekly and rainfall triggered stormwater BMP inspections. Completed inspection reports will be provided to the OWNER within 24 hours of completion. Liquid containers of all sizes must be properly labelled and containers of oil or hazardous materials must be in secondary containment at all times, including during transport and storage. No non-permitted materials or free liquid shall be permitted to be brought to site.

b. At a minimum, all work shall be in compliance with Chapter 90.96 of the laws of Florida (The Trench Safety Act) and comply with OSHA Standard 29 CFR 1926.651 Subpart P.

c. The CONTRACTOR shall provide the OWNER with copies of all manifests and certificates of disposal for all wastes and waste by-products removed from the site and disposed of by the

CONTRACTOR.

d. CONTRACTOR must utilize a track out control device prior to crossing E. Lake Parker Drive or Centurion Dr and through-out the McIntosh Power Plant (MPP) site. The track out control device must be designed to remove dust and mud from vehicles to be used to transport materials on/around the construction area. Maintenance and cleanup of the track out control device is the responsibility of the CONTRACTOR. Cleanup of any track out onto E. Lake Parker Drive and MPP roadways is the responsibility of the Contractor. Any damage to E. Lake Parker Drive or the MPP roadways will be the sole responsibility of the CONTRACTOR and will be repaired at the CONTRACTOR’s expense. CONTRACTOR is responsible for any permitting and maintenance of traffic operations due to the crossing of E. Lake Parker Drive.

e. Trucks used to haul any material to, or from the MPP site are to use a track out control device as needed, and may not leave tracks, trails, or drips at any point in the transfer of liquids or material. The CONTRACTOR must provide their own plan and equipment to prevent spills, leaks and tracks, and must outline in their Proposal how they will ensure this does not occur as stated in Section 2.1.4 Permit Compliance Requirements

Specification No. 2026-SBSAC-01 Page 11 Revision: A

2.2 Schedule

Work is anticipated to commence 06/31/2026, or 30 days after PO issuance, whichever is sooner..

CONTRACTOR must provide in the bid submission a schedule of activities supporting project completion the shortest reasonable time frame. OWNER is targeting project completion by 3/14/2027. A CONTRACTOR must submit a schedule of activities indicating major completion timelines and final completion timelines, and supply an appropriate supporting narrative for the need for the extended timeline. Schedules that do not meet the desired timeline will be given equal consideration, but shorter completion timelines may receive a higher score for the schedule portion of the bid evaluations.

2.3 Final Acceptance

Final acceptance will be when:

The OWNER or the OWNER’s representative has inspected and accepted the work listed in Sections 2 and 3 of this specification.

a. The invoices have been matched and verified per the OWNER or the OWNER’s representative.

b. All work must be approved by OWNER or OWNER’S representative beforehand and be verified daily

c. All disposal manifests, daily logs, and any other disposal records have been received by the OWNER.

2.4 Bid Scope

In order for the OWNER to evaluate the Proposals to this specification, the Proposer shall supply:

a. See Section 3 of this specification.

b. Completed bid pricing sheet indicating fixed price bid. See bid sheet (Attachment H) for bid sheet pricing requirements.

c. PROPOSER must provide Safety Performance Record including manhours used, recordable incidents, lost time injuries, fatalities, TRIR score over the past 5 years and OSHA Form 300A Logs from the past 5 years. Insurance EMR Scores for the last 5 years are also required. Proposals should include the names of any subcontractors the CONTRACTOR intends to use (if any) as well as all information listed in Section 2.4.c. which would be required of the CONTRACTOR in this RFP (i.e.

safety performance records).

d. A detailed list of three (3) or more recently completed projects of similar scope and magnitude that have been completed by the CONTRACTOR in the last five (5) years. For each project listed, please include: project description, location information, planned and actual project schedule information, names of project managers, costs and contact information (name, phone number) for the client and the project manager.

e. Detailed construction plan with schedule, including substantial completion and final completion. If project schedule completion date is after 3/14/2026, a narrative supporting the specific causes for the of the longer timeframe shall be submitted with schedule.

f. Project execution team qualifications, staffing plan.

g. Bidders must submit an appropriate Construction Quality Assurance (CQA) plan for the project to ensure appropriate quality controls on all work, including grading and materials to be used. Upon award, the Construction Quality Assurance plan must be accepted by both the OWNER and OWNER’s designated Construction Quality Assurance engineering firm for the project (Geosyntec)

Specification No. 2026-SBSAC-01 Page 12 Revision: A which will review and approve submittals. The CQA plan should include a draft schedule of submittals to be submitted.

h. Submit detailed plan and quality management system to meet quality control criteria and Construction Quality Assurance (CQA) criteria

i. Detailed spill protection plan and Construction Stormwater Pollution Prevention Plan.

CONTRACTOR may propose different silt fence installation plan than those depicted in the plan drawing, but must include a drawing of their intended silt fence installation in the submission.

j. Plans in the submission should indicate the how much area will be required for laydown, staging, and storage and what materials would be delivered to site.

2.5 Proposal Pricing Criteria

Proposal pricing must meet the following criteria, as well as any additional listed on the bid sheet:

a. All Proposals should be fixed price for project completion. Proposals should not be based on hourly rates or other variable charges. Unit prices shall not be variable. Total amount shall be fixed price.

Unit pricing may be included for reference rates for additional work.

Specification No. 2026-SBSAC-01 Page 13 Revision: A

SECTION 3.0, TECHNICAL SPECIFICATIONS

Section 3, Technical Specifications and all work shall be in accordance with all conditions from Attachment E, titled “McIntosh Power Plant Demo (FW8287)_IFC_Signed”. Numbering for attachment numbers for drawings associated with this specification start with Attachment D, regardless of whether there is attachments A-C, which are left available for any Risk/Insurance requirement attachments the City may require for the bid.

All work shall performed must comply with the requirements of Attachment G for the NWP7 permit for the facility.

3.1 Attachments and Drawings

Attachment # Title D Current Project Phase Area E McIntosh Power Plant Demo (FW8287)_IFC_Signed F McIntosh Underground G McIntosh ACOE stormwater structures SAJ-1997-

07280_20241126_VERIFY-NWP7

H Pricing Sheet I Borrow/soil stockpile areas

3.2 Workmanship

a. OSHA guidelines must be met, as well as City of Lakeland safety guidelines.

b. CONTRACTORS on-site supervisor must be designated “competent person” as defined in 29 CFR

1926.450. Documentation of this must be provided.

c. See Section 2 and Section 3 of this specification.

3.3 Work Time

a. “Normal” hours shall be Monday through Saturday, from 0700 to 1700 hours. The CONTRACTOR shall not work COL holidays unless directed by the OWNER.

b. Services per this specification will be coordinated through the Engineering group at Lakeland

Electric Energy Production.

3.4 General Procedures for Site Work

a. OWNER will notify CONTRACTOR of Byproduct Storage Area Closure Service needs. A copy of the

OWNERS work order will also be issued to the CONTRACTOR representative. CONTRACTOR shall reference OWNERS work order number on all correspondence, time sheets, and invoicing.

b. Notification to OWNER must be made each time any CONTRACTOR employee arrives at or leaves McIntosh Power Plant.

c. Before leaving at the end of each work day, confirmation must be made to OWNER regarding job progress.

Specification No. 2026-SBSAC-01 Page 14 Revision: A

d. Duplicate paperwork must be maintained by OWNER and CONTRACTOR, and the billing must directly refer to and agree with documentation.

e. CONTRACTOR shall be responsible for the supply of all materials. In situations where additional quantities of materials are needed and these quantities exceed the CONTRACTORS’ local supply, OWNER may require CONTRACTOR to expedite materials from longer distances than normal, causing higher freight costs. Expedition charges, if any, shall be the CONTRACTOR’S responsibility. CONTRACTOR is not entitled to recover any delay costs arising from material lead times.

3.5 Materials and Equipment

a. CONTRACTOR must use only OSHA approved materials and equipment.

b. All applicable regulations and codes must be adhered to.

c. CONTRACTOR must provide Safety Data Sheets (SDS) for all chemicals to be brought on site. No chemical can be brought onsite unless expressly approved by the OWNER.

3.6 Quality Assurance

Section 3 of this Specification for detailed information regarding quality assurance for the services rendered. If deviations exist this specification shall take precedence. Any deviation from this specification must be submitted in writing and approved by the OWNER, before work on the project begins.

SECTION 4.0, DEFINITION OF RESPONSIBILITIES

4.1 CONTRACTOR’S Responsibilities

a. All CONTRACTOR personnel shall complete Lakeland Electric’s Energy Production site specific safety and security training prior to starting work.

b. The CONTRACTOR shall provide necessary qualified personnel and equipment to perform work specified by the OWNER.

c. The CONTRACTOR shall assume full responsibility for their employees' conduct while on OWNER'S property.

d. The CONTRACTOR is responsible for locating all underground utilities in the project area and properly protecting OWNER assets.

e. The CONTRACTOR shall not permit any alcoholic beverages or illegal drugs on OWNER'S property. Any person showing the most minor symptoms of alcohol or drug use shall be immediately removed from OWNER'S property and shall not be allowed to return. Likewise, the CONTRACTOR shall not permit any firearms to be brought on OWNER'S property.

f. The CONTRACTOR shall provide all expendable materials.

g. The CONTRACTOR shall provide all small hand and power tools necessary to perform his work including screw guns, drills, etc.

h. The CONTRACTOR shall provide, when needed, general purpose slings, rigging equipment, including chain hoist, buck hoist, tools, heating and burning equipment, precision measuring tools, and hand tools. Provide oxygen and acetylene as required.

Specification No. 2026-SBSAC-01 Page 15 Revision: A

i. The CONTRACTOR shall provide all materials, equipment (including heavy equipment), tools and consumables to complete work as detailed in Sections 2 and 3 and the drawings in Attachment B (Scope, Technical Specifications, and construction drawings).

j. The CONTRACTOR shall provide temporary lighting, electrical connectors, extension cords, etc.

(NOTE) Lighting circuit availability is limited. CONTRACTOR shall supply self-generating units as needed.

k. The CONTRACTOR shall supply compressed air (for air tools), as required.

l. The CONTRACTOR shall provide a lockable toolbox/trailer to store the CONTRACTOR’s tools, materials, and equipment in as required.

m. The CONTRACTOR shall provide protection of all power plant equipment adjacent to work area

(above, below, beside). The CONTRACTOR shall provide temporary weather protection materials (lumber, visqueen, tarps, etc.) and erection of such materials as required.

n. The CONTRACTOR shall provide trash disposal, and cleanup and removal of all debris from site prior to demobilization.

o. The CONTRACTOR shall provide all required office facilities, tool storage facilities, etc.

p. The CONTRACTOR shall furnish its own sanitary facilities, water cans, and ice.

q. The CONTRACTOR shall furnish fire extinguishers, as needed.

r. The CONTRACTOR shall provide own safety equipment and PPE.

s. The CONTRACTOR shall perform work in a clean and orderly manner using safe work practices in compliance with OSHA.

t. The CONTRACTOR shall be responsible for any preventative measures to contain any potential release or spill of environmentally hazardous material and petroleum products that may result from performing the contracted work.

i. In the event of a release or spill of process water, environmentally hazardous material, and/or petroleum products by CONTRACTOR or any event observed by CONTRACTOR, the CONTRACTOR shall notify the plant operations Control Room/PPS/O @ (863) 834-8657.

ii. CONTRACTOR shall be responsible for any cleanup, removal, and disposal of said materials or products resulting from performing contracted work and CONTRACTOR shall provide copies of all waste generation disposal manifests, disposal site records, transport records, certificate of disposal, etc., to the City of Lakeland.

iii. Where there is the potential for a release or spill of environmentally hazardous material and/or petroleum products that could result from performing contracted work, the City of Lakeland Risk Management Department will determine CONTRACTOR insurance requirements and specify those requirements within the bid or contract documents.

u. THE CONTRACTOR SHALL PROVIDE THE OWNER COPIES OF SDS FOR ALL CHEMICALS THAT ARE

TO BE USED ON THE JOBSITE PRIOR TO BRINGING THEM ONSITE. CONTRACTOR SHALL ALSO

SUPPLY THE OWNER WITH AFFIDAVIT THAT ALL CONTRACTOR’S EMPLOYEES AND

SUBCONTRACTORS HAVE RECEIVED TOXIC SUBSTANCE/RIGHT TO KNOW TRAINING.

v. The CONTRACTOR shall be responsible for removal of all materials not consumed during the project.

w. The CONTRACTOR shall maintain a mobile communication device for the CONTRACTOR’S on-site supervisor for daily and emergency communications. The CONTRACTOR’s on-site supervisor will be required to be available for communication on a 24 hour, 7 Day a week basis.

Specification No. 2026-SBSAC-01 Page 16 Revision: A

x. The CONTRACTOR shall furnish Proposal, Public Construction bond, and insurance in accordance with terms specified in the Invitation to Bid.

y. In the event that adverse weather conditions appear to be severely jeopardizing the quality of the work, the OWNER or CQA CONSULTANT may direct CONTRACTOR to stop work and require CONTRACTOR to provide protection of work completed. This is subject to Section 7.27 Force Majeure.

z. The CONTRACTOR shall ensure that any work does not impact stormwater quality negatively or otherwise lead to issues with integrity.

aa. The CONTRACTOR shall prepare and provide a daily work activity summary and shall include the following:

1. Summary of daily activities;

2. Daily inspection and field test records;

3. Quantities of materials received;

4. Deliveries received and manifest documents to include truck-load tickets and shipping papers;

5. Progress of construction activities;

6. Change of conditions observed;

7. Items causing delays;

8. Photographs of work area; and

9. Accident and safety reports and any emergency response actions.

4.2 General Responsibilities of the OWNER

a. CONTRACTOR shall furnish fire extinguishers, as necessary.

b. The OWNER'S Representative shall coordinate job progress and review with

CONTRACTOR'S job supervisor and to approve any additional work items not included in "SCOPE OF WORK".

c. The OWNER may provide well water or City water for water trucks, at OWNER’s discretion and convenience.

SECTION 5.0 CONTRACTOR SERVICES

5.1 Document Distribution

The mailing address for all correspondence will be as follows:

CITY OF LAKELAND

DEPARTMENT OF ELECTRIC UTILITIES

ATTN: THOMAS JOHNSTON, ENGINEER

3030 E. LAKE PARKER DR.

LAKELAND, FL 33805

5.2 Performance Tests

a. Field performance tests shall be run daily. Unless otherwise specified in this document, field testing shall be done by the CONTRACTOR.

b. Testing shall be performed per Section 3 of this specification.

Specification No. 2026-SBSAC-01 Page 17 Revision: A

5.3 Shipments by Contractor

No item shall be delivered to the jobsite until written application has been made by the CONTRACTOR and confirmation has been given by the OWNER that the item will be accepted.

The CONTRACTOR shall give the OWNER immediate notification of shipment and shall forward information regarding carrier and routing, including PO number for partial shipments, as soon as available.

5.4 Drawings

CONTRACTOR shall provide one (1) reproducible and three (3) hard copies of the following:

a. As-built final drawings of each retention pond.

Specification No. 2026-SBSAC-01 Page 18 Revision: A

SECTION 6.0 BID PREPARATION

6.1 Proposer’s Qualifications

An award for Work will be made only to a responsive, responsible Proposer, in a financial position and with the organizational ability to do the work specified herein and qualified by experience. The Proposer shall submit adequate evidence of their ability to fulfill contracts such as the one being bid.

Specific qualification requirements are noted in in this specification.

6.2 Proposal Instructions

a. The Proposal may not be given full consideration unless it is firm and includes all the information requested in this Specification, and on the OWNER’S Invitation to Bid. A satisfactory explanation must be given for not complying with the bid instructions. Failure to provide all applicable information, or to submit Proposal by due date, may be cause for disqualification as non-responsive.

b. To allow the OWNER the opportunity to properly evaluate the Proposals, and to become the successful Proposer, Proposers must be able to provide a proven ability to perform the type of work described herein. Proposers should include at the time of Proposal submittal in addition to requirements in section 2.4, a minimum of:

i. As listed in Section 2.4.d: A list of a minimum of three (3) jobs that the Proposer has performed within the past five (5) years which are of equal size, scope, magnitude, and complexity as the type of work to be done for the OWNER. The list should include the name of the entity, name and phone number of a responsible individual qualified to respond to questions concerning the Proposer's abilities, costs, schedules, etc. Prior successful accomplishment of such equal work will be a consideration in determining whether the Proposer is qualified to perform the Work.

ii. Supervisory and staffing capabilities with resumes of supervisory personnel planned for subject work and the number and classification of personnel required per shift.

iii. A total firm price for all work and materials outlined in all sections of this Specification. The Proposal shall also include unit prices where indicated. It must be clearly understood that this is a total firm price bid for work defined in this specification. Only unexpected or unknown major or extensive repair will be negotiable for an increase in compensation for services rendered using an agreed upon total firm price or unit prices and must be agreed to in writing by the

OWNER.

iv. A breakdown for response times to include emergency maintenance / repair work to restore system.

v. Terms of payment for work completed on the Jobsite which will produce the lowest overall total price on a delivered basis for all work and material furnished, subject to any specified final payment provisions.

vi. Copy of typical final report provided to clients.

vii. Breakdown of hourly rates for all personnel classifications involved to be utilized in determining extra cost of any work not covered by this specification and agreed to in writing by the OWNER.

viii. A breakdown for materials, labor cost and estimated duration of contract. The OWNER requires that separate invoices be submitted for labor and material.

ix. A breakdown of additional insurance expenses the Proposer will incur if required to meet the insurance limits of this specification.

x. Statement of performance guarantee, if any.

Specification No. 2026-SBSAC-01 Page 19 Revision: A

xi. Descriptive literature, bulletins and other data covering system or equipment proposed.

xii. Exceptions to OWNER’s inquiry, drawings and Specification, if any, must be submitted with full explanation.

xiii. Statement that equipment and/or system proposed meets with all local or state codes, laws and requirements for operation and installation in the state to be used.

xiv. Proposers are requested to show earliest possible delivery date, expressed in calendar weeks, after receipt of purchase order.

xv. Proposer must complete all required vendor data as shown in this Specification, and data sheets if applicable, and return with the Proposal.

xvi. Proposer must arrange for separate billing by the freight carrier to the OWNER for the freight charges with the freight “FOB destination".

xvii. Proposer will ship the material “FOB destination" and pay the freight to the freight carrier.

xviii. Proposer must submit a Construction Quality Control plan indicates the specific methods

Proposer will implement to quality control criteria identified in the Section 3.0 Technical Specifications and in Attachment E.

6.3 Pre-Proposal Meeting

A mandatory Pre-Proposal conference on site will be held for all Proposers as noted in the invitation to bid. At that time, the Proposer should become familiar with the site to determine actual working conditions and best access to site. Only those qualified contractors in attendance at the Pre-Proposal conference will be allowed to bid. A maximum of 3 people per Proposer are permitted at the pre- Proposal conference.

6.4 Bid Addenda

The OWNER may, during the bidding period, advise all Proposers by Addenda of additions, deletions, or alterations in the specifications. All Addenda shall be acknowledged in the bids. The Addenda shall become a part of the Specifications as if originally included therein.

6.5 Placement of Order

In the event an order results from the bid, it shall be placed with the office of the company which services the Lakeland, Florida area and will be expected and required from the nearest service and/or sales office, and all operating difficulties that arise shall be handled locally by the CONTRACTOR. The Proposal should state the name and address of the branch office serving the Lakeland area.

6.6 Post Bid Meeting

The successful Proposer shall submit all required documents to the OWNER within ten (10) days of the notification that Proposer was successful and meet with the OWNER's representative to discuss the Scope of Work and the best ways of implementing the work. The project manager named by the Proposer in the Bid should attend this meeting.

6.7 Compatibility with Jobsite Conditions

The Proposer shall acquaint itself and be familiar with the labor practices, conditions, and procedures established and accepted in the building and construction trades prevailing in the project area.

Specification No. 2026-SBSAC-01 Page 20 Revision: A

6.8 CONTRACTOR'S State License

The Proposer shall include in the bid qualification their CONTRACTOR's Registration Number as required by Florida Statute Chapter 633.

6.9 Acceptance of Proposal

The right is reserved by the OWNER to reject any or all Proposals. The OWNER does not obligate itself to accept the lowest cost or any other Proposal. The OWNER reserves the right to award all of the Work to a single Proposer or may award portions of the Work to more than one Proposer.

SECTION 7.0 GENERAL PROVISIONS

7.1 Form of Agreement

a. At the OWNER’S option, the Agreement may be a Purchase Order issued by the OWNER in acceptance of CONTRACTOR'S Proposal, or the Agreement may be a Contract signed by an authorized person employed by the successful Proposer and by the representative of the City authorized by the Lakeland City Commission. The words "Contract" and "Agreement" are used interchangeably herein.

b. Any valid exceptions to the OWNER'S Specification stated in the Proposal will be considered and if acceptable to the OWNER, adjustment will be made to final specification and/or in the Purchase Order or Contract.

7.2 Change Orders

a. Changes in the Work. The OWNER may, during the progress of the Work, order extras to the contract requirements or make changes in writing in the amount of the Work as specified without invalidating the Contract. No claim for additional compensation will be allowed unless covered by such an order. Change orders shall include a negotiated lump sum amount or agreed upon unit price. All claims for extension of time due to such changes shall be approved at the time of authorization for such changes.

b. Any plan of action, method of work, or construction procedure suggested orally or in writing to the CONTRACTOR by any OWNER employee, agent which is not set out in Change Orders or other written directives issued in accordance with the Contract Documents, if adopted or followed by the CONTRACTOR in whole or in part, shall be performed at the sole risk and responsibility of the CONTRACTOR.

7.3 Project Schedules

a. Project Schedules will consist of multiple work assignments given by the OWNER.

b. Completion of the Work. The CONTRACTOR shall complete the Work within the time specified in the order, or as extended by written order.

c. Execution of the Work. The CONTRACTOR shall prosecute the Work continuously in such a manner and in such order of precedence as may be directed by the OWNER, working overtime, if necessary, to meet the specified dates.

Specification No. 2026-SBSAC-01 Page 21 Revision: A

d. Time is of the essence to this Contract and the CONTRACTOR agrees, at no additional cost to the OWNER, to take all steps necessary to meet the completion dates stated in the OWNER'S production schedules. In the event the CONTRACTOR falls behind any of the project schedules at any time during the performance of this Contract, the CONTRACTOR shall immediately and/or upon notification from the OWNER, work overtime and/or add workers, and/or take other action as may be necessary to promptly bring the Work back on schedule.

7.4 Subcontractors

The CONTRACTOR shall obtain prior consent of the OWNER before entering into subcontracts for any part of the Work.

7.5 Back-Charges

a. If at any time the CONTRACTOR requests the OWNER to do any work to assist the CONTRACTOR in any manner, OWNER may invoice the cost of such work, and the CONTRACTOR shall make payment to the OWNER by submitting actual payment to the OWNER, or by indicating a credit on the very next invoice submitted to the OWNER.

b. Should any work done require correction because of faulty workmanship or materials; or should the materials as supplied or as installed require corrective work the OWNER shall notify the CONTRACTOR and proceed as follows:

i. If the OWNER'S time schedule permits, the CONTRACTOR will be allowed to perform the corrective work and bear all costs.

ii. If the OWNER'S time schedule does not permit the action described above, or if the CONTRACTOR refuses or neglects to take immediate action, the OWNER shall have the right to perform the corrective work, exercising due care to ensure the lowest possible expense, and the CONTRACTOR shall reimburse the OWNER for the cost of the corrective work.

7.6 Payment

a. CONTRACTOR shall submit a schedule of values and a Critical Path Method (CPM) schedule for approval by the OWNER. Milestones shall be assigned a value as a percentage of total work.

Upon completion of a milestone, CONTRACTOR shall submit an invoice identifying the milestone/or milestones completed. The OWNER shall review the invoice, verify the completion of the milestone, and if accepted, pay the invoiced amount less a 10% retainage. Payments on account, on the contract sum, and for any added work which may have been authorized shall be made at the times and in the manner set forth in the contract, but only after the OWNER has approved the amount of each payment as it shall fall due.

b. The CONTRACTOR shall, before applying for payment, submit to the OWNER, in such form as the OWNER may direct, a schedule of values of the various parts of the Work according to the Unit Prices of the Contract, divided so as to facilitate the evaluation of work, for which payment is to be made, by the OWNER.

c. When a payment falls due, the CONTRACTOR shall submit an application for payment based upon the schedule mentioned in the paragraph immediately above and in such for as the OWNER may direct.

d. If the CONTRACTOR has made applications as required above, the OWNER shall review the amount requested and, if satisfactory, approve the CONTRACTOR’S invoice for payment.

e. If payments are made on account of materials delivered and stored at the site, but not incorporated in the work, they shall be conditional upon submission by the CONTRACTOR of bills

Specification No. 2026-SBSAC-01 Page 22 Revision: A of sale, or such other procedure as will establish the OWNER’S title to such material or otherwise adequately protect the OWNER’S interest. The CONTRACTOR shall be fully responsible for such materials until they are incorporated into the work.

f. No payment or partial payment made by the OWNER to the CONTRACTOR shall be an acceptance of any work or material not in accordance with the contract documents.

g. Terms of payment. If the CONTRACTOR’S payment terms are not accepted by the OWNER, payment shall be made in a lump sum (minus ten percent retainage) upon satisfactory completion of the work and receipt of invoice from the CONTRACTOR subject only to the following specified provisions.

i. Final acceptance will not be considered until all requirements of this specification have been met by the CONTRACTOR and approved by the OWNER.

ii. The final payment, equal to the retainage permitted under Florida Statute §255.078 shall be withheld until acceptance of the total job.

iii. When, in the opinion of the CONTRACTOR, the work covered by this specification has been completed the CONTRACTOR shall submit a "Request for Final Payment", along with any and all documentation necessary to satisfy the OWNER that all bills for labor, material, lands, licenses, fees, or any other expenses, have been satisfied, and a copy of the Final Report to the OWNER. The OWNER shall review the request, submitted documentation, and Final Report, and, if the work is acceptable to the OWNER and the documentation is sufficient to satisfy the OWNER of full payments by the CONTRACTOR, the OWNER shall make payment of the retained funds to the CONTRACTOR within thirty (30) days of receipt of all the above listed documents. Upon receipt of said retained funds, the CONTRACTOR shall agree to release the OWNER from any and all claims against the OWNER from future claims, actions, and liens.

7.7 Invoices

The CONTRACTOR shall submit an invoice to the OWNER each time a payment falls due. Separate invoices shall be submitted for each work order assignment.

a. All invoices shall be sent to Lakeland Electric finance at:

Lakeland Electric Finance Accounts Payable, Mail Code: CH-AP 228 S Massachusetts Avenue Lakeland, FL 338010

With a Copy of the invoice sent to:

Lakeland Electric McIntosh Power Plant-Production 3030 Lake Parker Drive Lakeland, FL 33805 ATTN: Thomas Johnston

b. OWNER may withhold payment if the CONTRACTOR is in violation of any terms and conditions of the Contract Documents

Specification No. 2026-SBSAC-01 Page 23 Revision: A

7.8 Substitutions

a. No substitutions shall be made for materials or equipment or components thereof which are specified by generic type, except upon written approval by the OWNER.

b. The CONTRACTOR shall submit all requests for approval of substitutions in writing, stating the reason for the request and attaching technical evidence of the equivalency of the proposed substitute.

7.9 Performance Guarantee and Equipment Warranty

The CONTRACTOR will provide a guarantee and warranty as follows:

a. Performance: The CONTRACTOR shall guarantee that the supplied services shall perform as specified. Replacement or revisions required to meet specified performance shall be at the CONTRACTOR’S expense.

b. The CONTRACTOR shall ensure the availability of equipment in the event of warranty failures.

Immediate response to failures is essential. If equipment fails during the warranty period, the CONTRACTOR shall provide replacement equipment at no cost to the OWNER, while the failed equipment is being repaired.

The CONTRACTOR shall ensure the availability of equipment in the event of warranty failures.

Immediate response to failures is essential. If equipment fails during the warranty period, the CONTRACTOR shall provide replacement equipment at no cost to the OWNER, while the failed equipment is being repaired.

7.10 CONTRACTOR'S Obligations

a. The CONTRACTOR shall, in a good and workmanlike manner, perform all work and furnish all labor and services, except as herein otherwise expressly set forth, necessary to perform and complete all the Work required by this Contract, in accordance with the provisions of the Contract Documents and any and all supplemental plans and drawings.

b. The CONTRACTOR shall furnish all materials required to complete the Work except those specifically identified herein as being supplied by the OWNER. Where specified, all materials must conform to this Specification. Materials not specified are subject to the OWNER'S approval.

c. The CONTRACTOR shall furnish all lights, tools, and equipment. All equipment brought on the Jobsite shall be certified to OSHA or local regulations and the operators shall be qualified to operate the equipment.

d. Unless otherwise specified, all materials and equipment, supplied by the CONTRACTOR and permanently incorporated in the Work, shall be new and unused. Both material and equipment shall be of good quality.