CITY OF ZEPHYRHILLS

2026-005

CITY SIDEWALK PROJECT

AN EQUAL OPPORTUNITY EMPLOYER

FLORIDA TAX EXEMPT #85-8012740166C-4

FEDERAL IDENTIFICATION NUMBER #59-6000455

I. Bid Requirements

II. Instructions to Vendors

III. Preliminary Matters

IV. Correlation, Interpretation, and Intent of Contract Documents

V. Vendor Responsibilities

VI. Scope of Work

VII. Price Proposal

VIII. Vendor Requirements and Acknowledgements

Attachments:

A - ZEPH SAMPLE CHANGE ORDER

B - ZEPHYR HEIGHTS SIDEWALK CONST PLANS S&S 05AUG26

C - C3.01 REVISED - ZEPHYR HEIGHTS CONST PLANS

D - 6TH AVE SIDEWALK CONST PLANS REVISED 07AUG26

1. Bid Requirements

1.1. Introduction

Bid documents, plans, and addenda are available for viewing and download through the City’s eProcurement Portal. A link to the Portal is provided on the City’s website at www.ci.zephyrhills.fl.us. Vendors are responsible for ensuring that all published addenda are downloaded prior to bid opening. To receive notifications regarding addenda, notices, and questions/answers, click “Follow” on the Public Project Page. All Vendors must be registered with the City of Zephyrhills to submit a bid. Registration is free. For technical assistance with the

Portal, please contact OpenGov customer service.

Bid responses and all required documentation must be submitted through the eProcurement

Portal before the deadline listed in the Timetable.

Each bid must be accompanied by a certified check drawn on a solvent bank or trust company, in accordance with Section 255.051, Florida Statutes, and made payable to the City of Zephyrhills, Florida, in an amount not less than 5% of the total bid. In lieu of a certified check, a bid bond of the same amount may be submitted on the form provided in the contract documents. This guarantee ensures that, if awarded the contract, the Vendor will execute the agreement and furnish a Payment and Performance Bond in the amount of 100% of the contract price within 10 days of the Notice of Award.

Please note: the bid bond amount must be written in both words and numerals. The use of percentages alone (e.g., “5%”) is not permitted on the bid bond form.

This Invitation to Bid (ITB) is structured to accommodate a variety of goods and services.

1.2. Bonding

A bid bond must accompany each bid response. The bond must be in an amount not less than 5% of the total bid price and must be made payable to the City as a guarantee that the Vendor will not withdraw its bid for a period of 60 days after bid closing. The bid bond must be included in the Vendor’s eProcurement submission.

The payment and performance bond, along with all required insurance, must be secured from or countersigned by an agency or surety company recognized in good standing and authorized to conduct business in the State of Florida. If at any time the City, for justifiable cause, becomes dissatisfied with any surety, the Vendor must, within five days after receiving notice from the

City, substitute an acceptable bond in such form and amount, and signed by a surety or sureties satisfactory to the City. The premiums for such bond must be paid by the Vendor. No further payments will be made under the contract until the new surety or sureties have furnished an acceptable bond to the City.

1.3. Insurance

The Vendor must, prior to commencement of work, obtain and maintain in full force and effect the minimum insurance coverage as specified in the contract documents. The insurance policy’s expiration date must extend beyond the length of the project/contract.

• The Vendor is responsible for ensuring that all subcontractors comply with the following requirements, with the exception that any subcontractor performing at least fifty percent

(50%) of the project value must meet the same insurance requirements as the general contractor:

https://www.ci.zephyrhills.fl.us/

• The general contractor must continue to provide insurance coverage as required by the

City.

• The general contractor must continue to sign a standard Hold Harmless/Indemnification clause.

• The contract/bid document will state that the contractor is responsible for ensuring subcontractors are adequately insured, and that any action taken against the City will be covered under the contractor’s signed Hold Harmless/Indemnification clause.

• The City retains the right to require any subcontractor to provide proof of insurance coverage and to request modifications when deemed necessary.

All insurance certificates must be endorsed by the Vendor’s insurance carrier, approved by the

City, and must name the City of Zephyrhills, Florida as an additional insured.

1.4. Hold Harmless

The Vendor must indemnify, defend, and hold harmless the City of Zephyrhills, its agents, invitees, and employees, from and against all suits, actions, claims, demands, damages, losses, expenses (including attorney’s fees and costs), and judgments of every kind and description to which the City or its representatives may be subjected, arising out of injury to persons (including death) or damage to property. Such liability must result from, or be connected to, any act, omission, negligence, or fault of the Vendor, its agents, or employees, committed in connection with this contract or the performance of work hereunder, notwithstanding any concurrent negligence of the City.

The Vendor must further indemnify and hold harmless the City, its agents, and employees from and against all suits, actions, claims, demands, damages, losses, expenses (including attorney’s fees and costs), and judgments of every kind and description arising from, or connected to, any violation of federal, state, county, or municipal laws, ordinances, or regulations by the Vendor, its agents, invitees, or employees.

1.5. Ex Parte Communication

To ensure the proper and fair evaluation of bids, the City of Zephyrhills prohibits ex parte communication (i.e., unsolicited contact) initiated by a Vendor with any City official or employee involved in evaluating or considering bids prior to a final decision.

All communication between a Vendor and the City must be initiated by the appropriate City official or employee, solely for the purpose of obtaining information or clarification needed to complete a proper evaluation.

Any ex parte communication may be grounds for disqualifying the Vendor from consideration or award of the bid under evaluation, as well as from future solicitations.

2. Instructions to Vendors

2.1. Bid Submittal Requirements

Sealed proposals will be submitted electronically through the City’s e-Procurement Portal, OpenGov, located at https://procurement.opengov.com/portal/zephyrhillsfl, no later than the date and time designated in the Invitation to Bid, for furnishing all transportation, labor, materials, and equipment, and for performing all operations required for the purchase, construction, and completion of the work specified in the solicitation documents and shown on the drawings.

Proposals will be submitted in accordance with the following requirements:

https://procurement.opengov.com/portal/zephyrhillsfl

• The OpenGov Portal will be the sole authorized means of submitting proposals.

Submissions by email or physical mail will not be accepted.

• Late submissions will not be accepted after the designated deadline. Vendors are strongly encouraged to allow adequate time to complete the upload process prior to the deadline.

• All proposal documents will be submitted in PDF format with text recognition enabled to ensure the content is fully searchable and accessible.

• Files will not be locked or password protected and will comply with file size limitations established by the e-Procurement Portal.

• Vendors will submit pricing using the table provided in the Price Proposal section of the

Portal.

• Vendors will complete all required items listed in the Vendor Requirements and

Acknowledgements section.

2.2. Additional Information or Clarification

All requests for additional information or clarification must be submitted in writing through the

City’s e-Procurement Portal (OpenGov). Such requests must be received no later than Monday, August 31, 2026, 9:00 am.

2.3. Equivalent Brand Names

When the City does not wish to exclude competing brands or makes, the phrase “OR

EQUIVALENT” will be specified. Any reference in the plans or specifications to manufacturers’ or Vendors’ names, trade names, or catalog numbers is intended only to establish a standard of quality and performance. Materials, articles, or equipment of other manufacturers or Vendors may be considered equally acceptable if, in the opinion of the Architect/Engineer, they are of equal substance and function. Such items may not be purchased or installed by the Contractor without the Architect/Engineer’s written approval. If a product other than the specified item is proposed, it is the Bidder’s responsibility to identify that product in its bid and to demonstrate to the City that it is equal to or better than the specified product. The City shall have sole and absolute discretion to determine whether the product is equal to or better than the specified product. The City may require manufacturers’ certificates of conformance to specifications, which must be provided at no cost to the City. Unless otherwise specified, samples may also be requested if the proposed brand differs from that specified. If requested, such samples must be received by the City within the time specified after the request is made. Any items in this category must be submitted to the City for review and approval no later than 9:00 am, on

Monday, August 31, 2026.

2.4. Vendor

A Vendor is an individual, firm, or corporation submitting a bid to the City for the goods or services requested in this ITB.

2.5. Bid Bond

The Bid Bond shall be submitted with the electronic bid through the City’s e-Procurement Portal

(OpenGov). For technical questions regarding the Portal, contact the OpenGov Support Team via the Support Bubble in the bottom right corner of the screen or by email at procurement-support@opengov.com. A Vendor may not withdraw its bid for a period of 60 days after the bids are received, unless a different period is stated in the Bidding Requirements or Contract mailto:procurement-support@opengov.com mailto:procurement-support@opengov.com

Conditions.

2.6. Familiarity with Laws

The Vendor is assumed to be familiar with all federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect the work. Lack of knowledge on the part of the

Vendor shall not relieve the Vendor from responsibility.

2.7. Examination of Drawings, Specifications and Site of Work

The Vendor must visit the site of the proposed work and familiarize itself with the nature and extent of the work, as well as all local conditions that may in any manner affect the work to be performed and the equipment, materials, and labor required. By submitting a bid, the Vendor acknowledges that it has visited the site and is familiar with the nature and extent of the work and all local conditions that may in any manner affect the work to be performed and the equipment, materials, and labor required. The Vendor must carefully examine the drawings, specifications, Form of Agreement, and Bond, and fully inform itself regarding all conditions and requirements contained herein that may in any manner affect the work to be performed.

2.8. Qualifications of Vendor

The contract, if awarded, will be awarded only to a responsible Vendor who is qualified by experience to perform or supply the work specified herein. The Vendor must submit with its bid evidence, satisfactory to the City, of its experience in similar work. When requested, the Vendor must demonstrate that it has the necessary organization, capital, equipment, and machinery to complete the work to the satisfaction of the City within the time limit stated in the Contract

Documents.

2.9. Disqualification of Vendor

A Vendor must not submit more than one bid. If the City has reasonable grounds to believe that a

Vendor has interests in more than one bid for the same work, all such bids will be rejected. Any or all bids will also be rejected if there is reason to believe collusion exists among Vendors. No participant in such collusion will be considered for future bids for the same work.

2.10. Right to Reject Proposal

The City reserves the right to reject any or all bids and to waive or disregard technical errors.

2.11. Return of Proposal Guaranty

As soon as the bids have been compared, the City may, at its discretion, return the bid security submitted with bids that, in the City’s judgment, are not likely to be considered for award. All other bid securities will be held until the Agreement and Bond have been executed, after which they will be returned to the respective Vendors.

2.12. Execution of the Agreement

The Vendor awarded the contract must sign the Agreement with the City and return it within 10 days. No contract will be considered binding upon the City until it has been properly executed.

2.13. Failure to Execute the Agreement

Failure by the successful Vendor to execute the Agreement as required will be just cause for annulment of the award. In the event of annulment, the Vendor will forfeit its bid bond. This forfeiture is not a penalty, but reasonable, fixed, and liquidated damages arising from the

Vendor’s failure to enter into an Agreement with the City. The award may then be made to the next lowest responsive and responsible Vendor, or the work may be re-advertised, at the City’s discretion.

2.14. Withdrawal of Proposal

A Vendor may withdraw its bid, without prejudice, any time prior to the day and hour set for the opening of bids by clicking “Unsubmit Proposal” in the City’s e-Procurement Portal (OpenGov).

2.15. Interest of Member of or Delegate to Congress

No member of, or Delegate to, Congress, or Resident Commissioner will be admitted to any share or part of this contract, or to any benefit that may arise from it. This provision applies even if the contract is made with a corporation for its general benefit.

2.16. Basis of Award

Consideration will be given to price, the Vendor’s experience in similar work, and conformity with the specifications. The award will be made to the lowest responsive and responsible

Vendor. The quality of the materials to be supplied, their suitability to the requirements, and guarantee provisions will also be taken into account. No significant deviation from the specifications is acceptable. The City of Zephyrhills reserves the right to reject any or all bids as authorized by law, to accept any bid in whole or in part, and to award the contract to other than the lowest Vendor if, in its discretion, such action is in the best interest of the City.

2.17. Award of Contract

Consideration will be given to price, the Vendor’s experience in similar work, and conformity with the specifications. The award will be made to the lowest responsive and responsible

Vendor. The quality of the materials to be supplied, their suitability to the requirements, and guarantee provisions will also be taken into account. No significant deviation from the specifications is acceptable. The City of Zephyrhills reserves the right to reject any or all bids as authorized by law, to accept any bid in whole or in part, and to award the contract to other than the lowest Vendor if, in its discretion, such action is in the best interest of the City.

If awarded the contract, the Vendor must enter into a formal written Agreement with the City in accordance with the accepted bid within ten (10) calendar days after the contract is submitted. If the Vendor defaults or breaches any part of the bid, the bid security will be forfeited as liquidated damages.

It is understood and agreed by the Contractor and the City that the date of commencement and the time for completion specified in the contract are essential conditions. The work must begin on the date specified in the Notice to Proceed. If additional time is granted under the contract, such extensions will also be of the essence. The Contractor will not be charged with liquidated damages or excess costs when the City determines the Contractor is without fault and the reason for delay is acceptable. Delays excused include, but are not limited to:

(a) Any preference, priority, or allocation order duly issued by the Government.

(b) Delays of subcontractors or suppliers caused by such orders.

The Contractor must notify the City in writing within 10 days from the beginning of such delay, unless the City grants additional time. The City will review the facts and notify the Contractor of its decision within a reasonable time.

The Contractor agrees to prosecute the work regularly, diligently, and without interruption at a rate of progress that will ensure full completion within the specified time. Both parties agree that the time for completion is reasonable, considering local conditions, climate, and industry standards. The Vendor also agrees to supply all required materials within 30 days after the

Agreement has been executed, the contract has been submitted, and the Notice to Proceed has been received. If the Contractor neglects, fails, or refuses to complete the work within the specified time or an approved extension, the Contractor agrees to pay the City liquidated damages in the amount specified in the contract, for each calendar day of delay, as compensation for the breach. These damages are not a penalty but a reasonable estimate of the loss sustained by the City.

If the Contractor fails to substantially complete the work and supply the required materials by the completion date (or any extended date approved by the City), the Contractor will pay the City liquidated damages of $500.00 per calendar day beyond the allowed time. This amount is agreed upon as a reasonable measure of damages sustained by the City, recognizing that actual losses are difficult to determine with precision. Costs for liquidated damages are not to be construed as a penalty.

All notices to the Contractor from the City must be in writing. Notice will be deemed delivered when posted by certified or registered mail to the Contractor’s last known address, or when delivered in person to the Contractor or its authorized representative at the worksite.

2.18. Conditions

The Vendor must list on a separate sheet of paper any variations from, or exceptions to, the conditions and specifications of this bid. This sheet must be labeled “Exceptions to Bid

Conditions and Specifications” and attached to the bid. Any variations or exceptions must meet or exceed the plans and specifications.

2.19. Quantities

An estimate of the quantities of work to be performed and/or materials to be furnished is provided in the specifications. The estimate is the result of the City’s calculations and is believed to be correct. It is given only as a basis for comparison of bids, and the City does not expressly or by implication agree that the actual quantities will correspond exactly to the estimate. The

Vendor must not claim misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased without invalidating the unit bid prices.

2.20. Public Records

In accordance with Section 119.0701, Florida Statutes, the Vendor will:

• Keep and maintain public records required by the City to perform the service.

• Provide public access to public records on the same terms and conditions that the City would provide and at a cost that does not exceed the statutory cost provided in Chapter

119, Florida Statutes, or as otherwise provided by law.

• Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law.

• Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Vendor upon termination of the contract, and destroy any duplicate records that are confidential or exempt. All records stored electronically must be provided in a format compatible with City systems.

If a Vendor has questions regarding the application of Chapter 119, Florida Statutes, to the consultant’s duty to provide public records relating to this agreement or contract, they should contact the Custodian of Public Records at:

Ricardo Quinones, City Clerk

City of Zephyrhills

5335 8th Street

Zephyrhills, Florida 33542 rquinones@ci.zephyrhills.fl.us

813-780-0000

2.21. Correction of Work

All work, all materials (whether incorporated in the work or not), all processes of manufacture, and all methods of construction will at all times and places be subject to inspection by the

Architect/Engineer, who will be the final judge of their quality and suitability for the purposes for which they are used. If the work, materials, processes, or methods fail to meet approval, they must be reconstructed, corrected, or replaced by the Contractor at its own expense. Rejected materials must be immediately removed from the site. If, in the opinion of the

Architect/Engineer, it is undesirable to replace defective or damaged materials, or to reconstruct or correct any portion of the work not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor will be reduced by an amount the Architect/Engineer determines to be equitable.

2.22. Subsurface Conditions Found Different

If the Contractor encounters subsurface or latent conditions at the site that materially differ from those shown on the Plans or indicated in the Specifications, the Contractor must immediately notify the Architect/Engineer of such conditions before they are disturbed. The

Architect/Engineer will promptly investigate the conditions. If the Architect/Engineer determines that they materially differ from those shown on the Plans or indicated in the Specifications, the

Architect/Engineer will make the necessary changes to the Plans and/or Specifications. Any resulting increase or decrease in cost will be adjusted in accordance with the applicable provisions of the General Conditions relating to changes in the work.

2.23. Claims for Extra Cost

No claim for extra work or cost will be allowed unless the work is performed pursuant to a written order from the Architect/Engineer and approved by the City. The claim must be presented with the first estimate submitted after the changed or extra work is completed. When work is performed under the provisions of the General Conditions relating to changes in the work, the Contractor must furnish satisfactory bills, payrolls, and vouchers covering all items of cost. When requested, the Contractor must provide the City access to all accounts relating to such work.

2.24. Termination (Cause and/or Convenience)

A. This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than thirty calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate and (2) an opportunity for consultation with the terminating party prior to termination.

B. This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in subsection A above.

C. If termination for default is effected by the local government, an equitable adjustment in the price for this contract will be made, but (1) no amount will be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Vendor at the time of termination may be adjusted to cover any additional costs to the local government because of the

Vendor's actions.

D. If termination for convenience is effected by the local government, the equitable adjustment will include a reasonable profit for services or other work performed for which profit has not already been included in an invoice.

E. For any termination, the equitable adjustment will provide for payment to the Vendor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, relating to commitments made prior to receipt of the notice.

F. Upon receipt of a termination action, the Vendor will (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available to the local government all data, drawings, reports, specifications, summaries, and other such information as may have been accumulated by the Vendor in performing this contract, whether completed or in process.

G. Upon termination, the local government may take over the work and may award another party a contract to complete the work described in this contract.

H. If, after termination for failure of the Vendor to fulfill contractual obligations, it is determined that the Vendor had not failed to fulfill contractual obligations, the termination will be deemed to have been for the convenience of the local government. In such event, adjustment of the contract price will be made as provided in subsection C above.

3. Preliminary Matters

3.1. Delivery of Bonds

At the time of executing and delivering the Agreement, the Vendor must deliver to the City the required executed bonds. Additional copies will be furnished, upon request, at the cost of reproduction.

3.2. Before Starting Work

Before starting work at the site, the Vendor must furnish the City with certificates of insurance and schedules as required. A pre-construction conference will be held to review the schedules, establish procedures for handling applications for payment, and create a working understanding between the parties regarding the project. Present at this conference will be the City and its representative, the Vendor, and the Vendor’s Superintendent.

Before undertaking the work, the Vendor must carefully study and compare the contract documents, check and verify all figures, and confirm all field measurements. Any conflict, error, or discrepancy discovered must be reported in writing to the City at once. The Vendor assumes full responsibility for having familiarized itself with the nature and extent of the contract documents, the work, the project site, and local conditions that may in any manner affect performance. The Vendor also represents that it has visited the site.

3.3. Notice to Proceed

The City will provide the Vendor with a written Notice to Proceed, stating the date on which work is expected to begin. No work may be performed prior to the stated start date. Contract time will commence on the date specified in the Notice to Proceed.

4. Correlation, Interpretation, and Intent of Contract Documents

4.1. Construction

1.1. Construction

The Specifications and Drawings are intended to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire agreement between the City and the Vendor and may be modified only by written Modification.

The Contract Documents expressly address all matters relating to the Work that the Vendor undertakes to perform in full compliance with their provisions.

The Vendor has, by personal examination and inquiry as necessary, satisfied itself as to all local conditions and as to the meaning, requirements, and intent of the Contract Documents. The

City’s interpretation of the Contract Documents will govern. The Contract Documents are intended to include all labor, materials, equipment, and transportation necessary for the proper execution of the Work.

The Vendor will complete all Work that, to avoid needless repetition or for the sake of brevity, may be shown singly or only partially indicated. The Vendor will follow the Drawings and execute all Work in strict accordance with the Contract Documents and with the kind and quality of materials indicated and specified. Materials or Work described in words that have a well-known technical or trade meaning will be interpreted in accordance with such recognized standards. Any deviation from the Specifications required by the exigencies of construction must conform to the City’s written instructions.

The provisions of the Contract Documents apply with equal force to all Work performed under this Contract, including extra Work, whether performed directly by the Vendor or by any

Subcontractor.

The Contract Documents are complementary, and a requirement stated in one is as binding as if stated in all. If the Vendor identifies any conflict, error, or discrepancy in the Contract

Documents, the Vendor must notify the City in writing before proceeding with the affected

Work. In resolving conflicts, errors, or discrepancies, the following order of precedence will govern: Agreement; Special Conditions; General Conditions; Specifications, including any

Addenda; Drawings; Invitation to Bid; and the Vendor’s Bid.

Any Work, materials, or equipment that may reasonably be inferred from the Specifications or

Drawings as necessary to produce the intended result will be provided, whether or not expressly stated. Work, materials, or equipment described in terms having a well-known technical or trade meaning will be deemed to refer to such recognized standards.

4.2. Insurance

The Vendor will, at its sole cost and expense, procure and maintain throughout the term of the contract Comprehensive General Liability and Worker’s Compensation insurance, including

Employer Liability insurance, with minimum policy limits of $1,000,000 (this could be

$2,000,000 depending on the amount of the contract) combined Single Limits, or to the extent and in such amounts as required and authorized by Florida law. The Vendor will provide endorsed certificates of insurance, executed by a licensed insurance professional, evidencing such coverage and naming the City of Zephyrhills as an additional insured, as well as furnishing the City with a certified copy or copies of said insurance policies. Certificates of insurance and certified copies must accompany the signed contract. Insurance coverage procured by the Vendor as required herein will be considered primary over any other insurance or self-insurance available to the City. Any other insurance or self-insurance available to the City will be considered secondary or excess. Nothing herein will be construed to extend the City’s liability beyond that provided in Section 768.28, Florida Statutes.

4.3. Builders’ Risk Coverage

This solicitation includes: (1) construction of a new above-ground structure or structures, (2) any additions, improvements, alterations, or repairs to an existing above-ground structure or structures, or (3) the installation of machinery or equipment into an existing structure or structures. The Vendor will provide, in a policy acceptable to the City, “all risk” (Special Form) property insurance on any such construction, additions, machinery, or equipment. The amount of the insurance will be no less than the estimated replacement value at the time of the City’s final acceptance of such new structures, additions, improvements, alterations, repairs, machinery, or equipment. The coverage will not be subject to any restriction with respect to occupancy or use by the City and, subject to thirty days’ prior written notice to the City, will remain in full effect until final acceptance by the City. In addition, the City, the Professional, and the Vendor’s subconsultants of any tier will be additional insureds on this policy. The insurance will include a deductible no greater than 1% of the contract amount, or $25,000, whichever is smaller, for which the Vendor will be responsible. The risk of loss, whether insured or not, will remain with the Vendor until final acceptance. Upon request, the Vendor will furnish to the City complete copies of the insurance policy.

5. Vendor Responsibilities

5.1. Supervision and Superintendence

The Vendor must supervise and direct the work efficiently and with the highest degree of skill and attention. The Vendor is solely responsible for the means, methods, techniques, sequences, and procedures of construction. The Vendor must ensure that the finished work complies fully with the Contract Documents and must accept full responsibility for the work until final acceptance. The Vendor must also protect the work against all loss or damage sustained during its progress and promptly repair any damage from any cause. After acceptance of the work, the

Vendor’s responsibility will extend to defective or faulty work as later defined in these specifications. The Vendor must keep on the work site at all times during its progress a competent resident superintendent, who may not be replaced without the City’s written consent except under extraordinary circumstances. The superintendent will serve as the Vendor’s representative at the site and will have the authority to act on behalf of the Vendor. The superintendent must attend the pre-construction conference. All communications given to the superintendent will be as binding as if given directly to the Vendor.

5.2. Labor, Materials, Equipment, and Manufactured Articles

The Vendor must provide competent, suitably qualified personnel to survey, lay out, and perform construction as required by the Contract Documents. The Vendor must at all times maintain good discipline and order at the site. The Vendor must furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, and all other facilities and incidentals necessary for the execution, testing, initial operation, and completion of the work. Any work required after regular working hours, on Sundays, or on legal holidays must be performed without additional expense to the City. All materials and equipment must be new, unless otherwise provided in the Contract

Documents. If required by the City, the Vendor must furnish satisfactory evidence of the kind and quality of materials and equipment. All material and workmanship must, in every respect, be in conformity with what, in the opinion of the City, reflects approved modern practice.

5.3. Vendor's Title to Materials

No materials or supplies for the work may be purchased by the Vendor or by any subcontractor subject to a chattel mortgage, conditional sale contract, or other agreement under which an interest is retained by the seller. The Vendor warrants that it has good title to all materials and supplies used in the work, free from all liens, claims, or encumbrances.

5.4. Use of Premises

The Vendor must confine its equipment, the storage of materials and equipment, and the operations of its workforce to areas permitted by law, ordinances, or permits, and must not unreasonably encumber the premises with materials or equipment. Materials stored without proper permits must be promptly relocated upon request by the City at the Vendor’s expense.

5.5. Record Drawings

The Vendor must keep one record copy of all Specifications, As-Built Drawings, Addenda, Modifications, and Shop Drawings at the site in good order, annotated to show all changes made during the construction process. These records must be available to the RPR and the Engineer.

Final As-Built Drawings must be delivered to the City and the Engineer upon completion of the

Project. Release of retainage will be contingent upon delivery of red-lined As-Built Drawings.

5.6. Supplementary Drawings

When, in the opinion of the City, it becomes necessary to explain more fully the work to be done, illustrate the work further, or show required changes, drawings known as supplementary drawings, with specifications pertaining thereto, will be prepared by the Engineer. The additional drawings and instructions supplied to the Vendor will coordinate with the Contract Documents and will be prepared so that they can be reasonably interpreted. The Vendor must carry out the work in accordance with the additional detailed drawings and instructions. The Vendor and the

Architect/Engineer will jointly prepare: (a) a schedule fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with the schedule; and (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing, and installation of materials, supplies, and equipment, and the completion of the various parts of the work. Each such schedule will be subject to change in accordance with the progress of the work. Supplementary drawings are binding upon the Vendor with the same force as the drawings. Where supplementary drawings require either less or more than the estimated quantities of work, credit to the City or compensation to the Vendor will be subject to the terms of the Agreement.

5.7. Shop or Setting Drawings

The Vendor must promptly submit to the Architect/Engineer four copies of each shop or setting drawing, prepared in accordance with the predetermined schedule. After review of such drawings by the Architect/Engineer and their return, the Vendor must make the indicated corrections and furnish the Architect/Engineer with four corrected copies. If requested, the Vendor must provide additional copies. Regardless of corrections made in, or approval given to, such drawings by the

Architect/Engineer, the Vendor remains responsible for the accuracy of the drawings and their conformity to the Plans and Specifications, unless the Vendor notifies the Architect/Engineer in writing of any deviations at the time the drawings are furnished.

5.8. Architect/Engineer's Authority

The Architect/Engineer will issue all orders and directions under the contract and specifications related to the execution of the work. The Architect/Engineer will determine the amount, quality, acceptability, and fitness of the various kinds of work and materials to be paid for under this contract and will decide all questions that may arise in relation to such work and its construction.

The Architect/Engineer’s estimates and decisions will be final and conclusive, except as otherwise expressly provided in the contract. If a question arises between the parties regarding the contract or specifications, the determination or decision of the Architect/Engineer will be a condition precedent to the Vendor receiving any payment for work affected by such question.

The Architect/Engineer will decide the meaning and intent of any portion of the specifications, plans, or drawings that may be found obscure or disputed. Any differences or conflicts regarding the work that may arise between the Vendor under this contract and other Vendors performing work for the City will be adjusted and determined by the Architect/Engineer.

5.9. Safety and Protection

The Vendor is responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Vendor must take all necessary precautions for the safety of, and provide necessary protection to prevent damage, injury, or loss to:

• All employees on the work and other persons who may be affected.

• All work and all materials or equipment to be incorporated, whether in storage on or off the site.

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

The Vendor must replace or make good any such damage, loss, or injury unless caused directly by errors in the contract documents or by the City or its authorized representatives. The Vendor must notify the Architect/Engineer immediately. Any claim for compensation must be promptly submitted to the Architect/Engineer for approval.

The Vendor must designate a responsible member of its organization at the site whose duty is accident prevention. This person will be the Vendor’s superintendent unless otherwise designated in writing to the City.

5.10. Safety Plan

The Vendor is responsible for complying with all applicable Occupational Safety and Health

Administration (OSHA) standards and regulations pertaining to the work, including requirements for confined space entry. Precautions must be exercised at all times for the protection of persons and property. The safety provisions of applicable laws, building codes, and construction codes must be observed in accordance with the Manual of Accident Prevention in Construction published by the Associated General Contractors of America, and OSHA’s Safety and Health

Standards (29 CFR 1926/1910), to the extent that such provisions do not conflict with applicable law. The Vendor must provide documentation addressing Means of Egress, Emergency

Evacuation, Confined Space Entry, Lock Out – Tag Out, Hot Work Permits, Hurricane

Preparedness, and Right-to-Know / Material Safety Data Sheets (MSDS) to the satisfaction of the City prior to the commencement of any job. A Vendor Process Safety Management Briefing will be held at the Pre-Construction Conference. The Vendor will be required to attend this briefing and sign a form acknowledging that the briefing was completed. A copy of this form is included in the Forms section of this package.

5.11. Emergencies

In emergencies affecting the safety of persons, the work, or property at or adjacent to the site, the

Vendor, without special instruction or authorization from the City, is obligated to act at its discretion to prevent threatened damage, injury, or loss.

5.12. Assignabililty

The Vendor must not assign the whole or any part of this contract, or any monies due or to become due, without the City’s written consent. If the Vendor assigns any part of the monies due or to become due under this contract, the instrument of assignment must contain a clause stating that the assignee’s right to such monies is subject to the prior claims of all persons, firms, and corporations for services rendered or materials supplied in connection with the performance of the work.

5.13. Mutual Responsibility of Vendors

If, through acts of neglect on the part of a Vendor, another Vendor or any subcontractor suffers loss or damage on the work, the Vendor responsible agrees to settle with the other party by agreement or arbitration, if the other party is willing to do so. If such a Vendor or subcontractor asserts a claim against the City for damages alleged to have been sustained, the City will notify the responsible Vendor, who must indemnify and hold harmless the City against such claim.

5.14. Subcontractors

The Vendor must not employ any subcontractor against whom the City has a reasonable objection, nor will the Vendor be required to employ any subcontractor against whom it has a reasonable objection. Within 30 calendar days after the date of the award of contract, and before the City issues any partial payments, the Vendor must furnish the City with a written list of the subcontractors proposed for the principal portions of the work for acceptance by the City. No substitution of a subcontractor accepted by the City may be made unless the City determines that good cause exists. The Vendor is fully responsible for all acts and omissions of its subcontractors, and of persons directly or indirectly employed by them, to the same extent that the Vendor is responsible for the acts and omissions of persons directly employed by the Vendor.

Nothing in the Contract Documents creates a contractual relationship between any subcontractor and the City, or imposes any obligation on the City to pay or ensure payment of any monies due to a subcontractor, except as otherwise required by law. The City may, to the extent practicable, furnish evidence to a subcontractor of amounts paid to the Vendor on account of specific work performed. The divisions and sections of the Specifications and the identifications of any

Drawings do not control how the Vendor divides work among subcontractors or delineates work for specific trades. The Vendor must specifically bind every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the City. The terms of the

Contract Documents control over any discrepancies in other documents.

5.15. Laws and Regulations

The Vendor must give all notices and comply with all laws, ordinances, rules, and regulations applicable to the work. If the Vendor observes that the Specifications or Drawings are at variance with such laws, the Vendor must promptly notify the City in writing, and any necessary changes will be made by Modification. If the Vendor performs work knowing it to be contrary to such laws, ordinances, rules, or regulations, without notice to the City, the Vendor will bear all resulting costs. However, it is not the Vendor’s primary responsibility to determine that the

Drawings and Specifications comply with applicable laws, ordinances, rules, or regulations.

5.16. Permits and Protection of the Public

The Vendor is required to observe all ordinances related to obtaining permits for occupying, excavating, or obstructing streets and alleys. The Vendor must erect and maintain barricades and sufficient safeguards around all excavations, embankments, or obstructions. Where telephone, telegraph, light or power poles; water mains, conduits, pipe, or drains; or other public or private construction exists in or on streets or alleys, the work must be conducted so that no interruption or delay is caused in the operation or use of those facilities. Proper written notice must be provided, and all reasonable facilities afforded to the owners of such property to enable them to preserve their facilities from damage. Unless otherwise expressly provided in the Specifications, the City will furnish all surveys necessary for the execution of the work. The Vendor must procure and pay for all other permits, licenses, and approvals necessary for contract execution and must comply with all Florida Department of Environmental Protection requirements. The cost of building permits will be waived by the City of Zephyrhills. The Vendor must be registered with the City of Zephyrhills Building Department.

5.17. Cleaning

The Vendor must keep the premises free from accumulations of waste materials, rubbish, and debris resulting from the work. At completion, the Vendor must remove all waste materials, rubbish, and debris from and about the premises, as well as all tools, construction equipment, machinery, and surplus materials, leaving the site clean and ready for occupancy by the City. The

Vendor must restore to their original condition those portions of the site altered by the work under the Contract Documents.

5.18. Indemnification

The Vendor assumes full responsibility and liability and agrees to indemnify and hold harmless the City and its representatives from any loss or damage sustained, or alleged to have been sustained, by any person or property arising out of, or claimed to have been caused by, the sole, joint, or concurrent negligence of the Vendor and/or the City, connected with the performance of the work. The Vendor agrees to pay all damages, losses, costs, and expenses, including attorney’s fees, allegedly arising in any way out of the performance of the work by the Vendor, its agents and employees, or its subcontractors, their agents and employees, including but not limited to:

• Injuries to persons (including fatal injuries).

• Damages to or by livestock, including claims and demands resulting from fences, gates, and gaps left open or insecurely closed.

5.19. Protection of Work and Materials

Facilities for handling materials and inspecting the work must at all times be furnished by the

Vendor, and all costs due to delays in handling materials or equipment, and loss or damage, are the responsibility of the Vendor. The Vendor is responsible for all materials, equipment, and supplies sold and delivered to the City until final inspection of the work and acceptance by the

City. If any such materials, equipment, or supplies are lost, stolen, damaged, or destroyed prior to acceptance, the Vendor must replace them at no cost to the City.

5.20. Lands and Right-of-Way

Prior to the start of construction, the City will obtain all lands and rights-of-way necessary for carrying out and completing the work to be performed under this contract.

5.21. Other Prohibited Interests

No official of the City who is authorized to negotiate, make, accept, or approve any architectural, engineering, inspection, construction, or material supply contract, or any subcontract related to the project, may become directly or indirectly personally interested in this contract or any part of

it. Likewise, no official authorized to exercise legislative, executive, supervisory, or other functions in connection with the project may become directly or indirectly personally interested in this contract, any material supply contract, insurance contract, or any other contract pertaining to the project.

5.22. Construction Schedule and Periodic Estimates

Immediately after execution and delivery of the contract, and before the first partial payment is made, the Vendor must deliver to the City an estimated construction progress schedule in a form satisfactory to the City. The schedule must show the proposed dates of commencement and completion of each subdivision of the work, as well as the anticipated amount of each monthly payment due to the Vendor. The Vendor must also furnish, on forms mutually agreeable to the

Engineer, Vendor, and City: (a) a detailed estimate giving a complete breakdown of the contract price, and (b) periodic itemized estimates of work completed for the purpose of processing partial payments. These costs are used solely to determine the basis for partial payments and do not establish the basis for additions to or deductions from the contract price.

5.23. Payments…