Contract_Specifications.pdf

CITY OF ST. PETERSBURG

ENGINEERING & CAPITAL IMPROVEMENTS DEPARTMENT

Bartlett Lake Improvements

ST. PETERSBURG, FLORIDA

PROJECT NO. 20066-110

Plans, specifications and details governing the Work to be accomplished under Project No.

20066-110 have been prepared for the City of St. Petersburg by Engineering & Capital Improvements Department, One Fourth Street North, St. Petersburg, Florida, 33701, and Stantec Consulting Services, Inc., 777 S. Harbour Island Blvd., Suite 600 Tampa, FL 33602, and consist of Drawing Nos. C-000.

All communication pertaining to this project shall carry the reference, “CITY PROJECT NO. 20066-110”

Brejesh Prayman, P.E., Director

Engineering & Capital Improvements http://www.stpete.org/logo/images/city_logo_color.gif

TABLE OF CONTENTS

Project No. 20066-110

Rev: 08/09/23 TOC-1

REQUIRED BIDDER DOCUMENTS* (Attached, PDF and Excel Documents)

* Draft Agreement, Bid Bond, Public Construction Bond, and additional Compliance forms will be provided by Procurement.

Bidder Security and Bidder Information Florida Trench Safety Act Pay Items - Price Page Bidder’s Supplemental Questionnaire

CONTRACT SPECIFICATIONS

CONTRACT STANDARDS

Instructions to Bidders General Conditions Supplemental General Conditions

TECHNICAL SPECIFICATIONS

Section 1 - General

1.01 Location of the Work Site and Access

1.02 Scope of Work

1.03 Estimated Quantities

1.04 Plans and Specifications

1.05 Permits

1.06 Project Sign and/or Plaque

1.07 Project Work Hours/Field Supervision

1.08 Project Schedule Documentation

1.09 Storm Preparedness Plan

1.10 Maintenance of Storm Drainage System

1.11 Prevention, Control, and Abatement of Erosion and Water Pollution

1.12 Contaminants Containment/Disposition

1.13 Field Engineering

1.14 Inspection Authority

1.15 Sequence of Operation

1.16 Mobilization

1.17 Temporary Traffic Control

1.18 Materials and Equipment

1.19 Manufacturer

1.20 Samples

1.21 Equivalent Quality

1.22 Service of Manufacturer’s Representative

1.23 Material and Equipment Delivery and Storage

1.24 Water Purchase

Rev: 08/09/23 TOC-2

1.25 Special Considerations for Work

1.26 Field Office and Appurtenant Structures

1.27 Truck Haul Routes

1.28 Work in Streets and Highways

1.29 Work on Private Property

1.30 Neighborhood Notification

1.31 Utilities

1.32 Coordination of Service Interruptions

1.33 Safeguarding Survey Marks

1.34 Tree Protection

1.35 Tree Removal, Replacement or Relocation

1.36 Salvaged Materials

1.37 Shop, Field and Laboratory Testing

1.38 Soils Density Tests

1.39 As-Built Drawings

1.40 Substantial Completion

Section 2 - Excavation and Backfill

2.01 General

2.02 Trench Safety

2.03 Work in Wetlands, Mangroves and Preservation Areas

2.04 Clearing and Grubbing

2.05 Roadway Excavation

2.06 Trench Excavation

2.07 Structure Excavation

2.08 Excavation of Unsuitable Material

2.09 Sheeting, Shielding and Sloping

2.10 Dewatering

2.11 Borrow Material

2.12 Bedding Material

2.13 Structural Slab Bedding

2.14 Backfill Compaction

2.15 Backfilling of Trench

2.16 Backfilling Structures

2.17 Backfilling under Roadways

2.18 Disposing of Leftover Material

2.19 Adjacent Facilities

2.20 Temporary Supports

2.21 Flowable Fill

Section 3 - Concrete, Masonry, and Reinforcing Steel

Rev: 08/09/23 TOC-3

3.01 General

3.02 Portland Cement Concrete

3.03 Reinforcing Steel

3.04 Fibrous Concrete Reinforcement

3.05 Placement of Reinforcement

3.06 Placement of Concrete

3.07 Curing of Concrete

3.08 Finishing of Concrete

3.09 Concrete Brick

3.10 Clay Brick

3.11 Masonry Block

3.12 Mortar

3.13 Grout

Section 4 - Piping Materials: Ductile Iron Pipe

4.01 General

4.02 Pipe

4.03 Fittings

4.04 Joint – Buried Pipe and Fittings

4.05 Joints – Exposed Pipe and Fittings

Section 5 - Piping Materials: Concrete Gravity Pipe

5.01 General

5.02 Pipe

5.03 Joints

Section 6 - Piping Materials: PVC Pressure Pipe

6.01 General

6.02 Pipe

6.03 Fittings

6.04 Joints

6.05 Markings and Color Coding

6.06 Harnessing

Section 7 - Piping Materials: Miscellaneous

7.01 General

7.02 Vitrified Clay Pipe

7.03 Corrugated Metal Pipe

7.04 Corrugated Aluminum Pipe

7.05 Roadway Underdrain Pipe

7.06 Corrugated High Density Polyethylene (CHDPE) Drainage Pipe and Fittings, Smooth Interior

Rev: 08/09/23 TOC-4

7.07 High Density Polyethylene (HDPE) Profile Wall Drainage Pipe and Fittings, Smooth Interiors

7.08 High Density Polyethylene (HDPE) Pressure Pipe and Fittings

7.09 Fiberglass Reinforced Polymer Mortar Pipe (FRPMP)

Section 8 - Paving Materials

8.01 General

8.02 Subgrade Stabilizing Material

8.03 Roadway Base

8.04 Prime and Tack Coats

8.05 Leveling Course

8.06 Asphaltic Concrete Surface Course and Binder Course

8.07 Reclaimed Asphalt Pavements

8.08 Surface Shell

Section 9 - Roadway Construction

9.01 General

9.02 Data to Be Submitted

9.03 Stabilized Subgrade

9.04 Roadway Base

9.05 Prime and Tack Coats

9.06 Leveling Course (Asphaltic Concrete Overbuild Course)

9.07 Asphaltic Concrete Pavement

9.08 Concrete Sidewalks and Driveways

9.09 Curbs, Gutters and Valley Gutters

9.10 Shallow Pipes

9.11 Adjustment of Existing Manhole Covers and Valve Boxes

Section 10 - Sanitary Sewer Construction

10.01 General

10.02 Data to Be Submitted

10.03 Materials

10.04 Connections to Existing Sanitary Sewers

10.05 Construction Operations

10.06 Laying and Jointing Pipelines

10.07 Manhole Construction

10.08 Testing of Sewer Pipelines

Section 11 - Storm Drainage Construction

11.01 General

11.02 Data to Be Submitted

11.03 Materials

Rev: 08/09/23 TOC-5

11.04 Inlets and Manholes

11.05 Other Structures

11.06 Laying Pipe

11.07 Water Quality Protection and Treatment

11.08 Surface Restoration and Miscellaneous

Section 12 - Pressure Pipe Construction

12.01 General

12.02 Data to Be Submitted

12.03 Materials

12.04 Connections to Existing Mains

12.05 Construction Operations

12.06 Laying and Jointing Pressure Pipelines

12.07 Testing and Disinfection of Pressure Pipelines

12.08 Surface Restoration and Miscellaneous

Section 13 - Surface Restoration

13.01 General

13.02 Roadway Restoration

13.03 Temporary Pavement

13.04 Shell Base

13.05 Limerock Base

13.06 Crushed (Reclaimed) Concrete Base

13.07 Asphaltic Concrete Pavement

13.08 Brick Pavement

13.09 Curb and Gutter

13.10 Concrete Sidewalk

13.11 Hexagon Block Sidewalk

13.12 Driveway and Parking Lot

13.13 Driveway – Asphalt

13.14 Driveway – Concrete

13.15 Driveway – Peagravel

13.16 Driveway – Shell

13.17 Grass

13.18 Expansion Joint Material

Section 14 - Miscellaneous Work

14.01 General

14.02 Riprap

14.03 Sanitary Sewer Replacement

14.04 Concrete Encasement of Existing Utilities

14.05 Guardrail

Rev: 08/09/23 TOC-6

14.06 Chain-Link Fence

14.07 Aluminum Handrail

Section 15 - Precast Concrete Box Culvert Construction

15.01 General

15.02 Data to Be Submitted

15.03 Fabrication

15.04 Trench, Placement and Backfilling

15.05 Joints

Section 16 - Horizontal Directional Drilling

16.01 General

16.02 Data to Be Submitted

16.03 Equipment and Materials

16.04 Pipe Installation

16.05 Marking the Installation

16.06 Hydrostatic Testing and Disinfection of HDPE Pipe

Section 17 – Not Used

Section 18 - Milling and Resurfacing

18.01 General

18.02 Data to be Submitted

18.03 Work Schedule

18.04 Roadway Base

18.05 Prime and Tack Coats

18.06 Asphaltic Concrete Surface Course

18.07 Street Resurfacing Work

18.08 Cold Milling Work

Section 19 - Finish Coating

19.01 Description

19.02 Materials

19.03 Surface Preparation

19.04 Acceptance

Section 20 - Pay Item Descriptions

20.01 Introduction

20.02 General – G

20.03 Surface Restoration – C

20.04 Miscellaneous – M

SUPPLEMENTAL TECHNICAL SPECIFICATIONS

Rev: 08/09/23 TOC-7

TS-1.0 Scope Of Work TS-2.0 Pre-Construction Meeting And Submittals.

TS-3.0 Order Of Work TS-4.0 Layout Of The Work TS-5.0 Record Drawings And As-Built Surveys TS-6.0 Site Conditions TS-7.0 Site Restoration TS-8.0 General Materials TS-9.0 Environmental Protection.

TS-10.0 Permits TS-11.0 General Construction Notes TS-12.0 Safety Notes TS-13.0 Dewatering Site Notes TS-14.0 Dredge Construction Notes TS-15.0 Standard Manatee Construction Conditions

ATTACHMENTS

A Florida Department Of Environmental Protection Permit Exemption Letter B United States Army Corps Of Engineers Permit C Pinellas County Water And Navigation Department Permit D Sediment Quality Report

INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS

City of St. Petersburg, Florida

Engineering & Capital Improvements Department

Contract Standards:

Instructions to Bidders v.00753149

General Conditions v.00752973

July 2024 http://www.stpete.org/logo/images/city_logo_color.gif

INSTRUCTIONS TO BIDDERS

ARTICLE I-1 GENERAL INFORMATION

ARTICLE I-2 DEFINITIONS OF TERMS

ARTICLE I-3 EXAMINATION OF BID PACKAGE DOCUMENTS

3.1 – Completeness of Bid Package

3.2 – Bidder’s Responsibility to the Project

3.3 – Contract Documents: Conflicts, Ambiguities, or Exceptions

3.4 – Contract Completion Time

ARTICLE I-4 BID GUARANTY

4.1 – Certified Check or Bid Bond

4.2 – Return of Checks

ARTICLE I-5 SUBMISSION OF BIDS

5.1 – Submission of Bids

5.2 – Bid Form

5.3 – Basis of Bid Prices

5.4 – Bid Preparation

5.5 – Addenda

5.6 – Bid for Alternates

5.7 – Period Bid Remains in Effect

ARTICLE I-6 EXAMINATION OF THE SITE

6.1 – Familiarity with Site Conditions

6.2 – Extents and Locations of Subsurface Conditions

ARTICLE I-7 TABULATION OF THE BIDS

7.1 – Correction of Mathematical Errors

7.2 – Preparation and Distribution of Bid Tabulation

ARTICLE I-8 REJECTION OF THE BIDS OR AWARD WITHIN BUDGET AMOUNT

8.1 – Rejection of Bids

8.2 – City Budget

ARTICLE I-9 WAIVER OF IRREGULARITIES

ARTICLE I-10 DISQUALIFICATION OF BIDDERS

ARTICLE I-11 DISPUTES AND COMPLAINTS

ARTICLE I-12 RECOMMENDATION OF AWARD OF CONTRACT

12.1 – Standard for Award

12.2 – Factors Determining Whether a Bidder is Responsible

12.3 – Factors Rendering Bidders Non-Responsive

12.4 – Recommendation of Award

ARTICLE I-13 SPECIAL PROVISIONS DUE TO FEDERAL FINANCING

ARTICLE I-14 SUBCONTRACTORS

14.1 – Prior Approval

14.2 – Subletting of Contract

ARTICLE I-15 NONDISCRIMINATION

ARTICLE I-16 WITHDRAWAL OF BIDS

ARTICLE I-17 PUBLIC ENTITY CRIMES

ARTICLE I-18 SMALL BUSINESS ENTERPRISE PROGRAM

18.1– Participation by SBE Contractors and Subcontractors

18.2 - Acknowledgment with Bid

ARTICLE I-19 CONSIDERATION OF SEA LEVEL RISE AND RESILIENCY

ARTICLE I-20 ENVIROMENTALLY PREFERABLE PURCHASING

ARTICLE I-21 AMERICANS WITH DISABILITIES ACT (ADA) PUBLIC NOTICE

ARTICLE I-22 HEALTH IN ALL POLICIES AND PROJECTS

ARTICLE I-23 INFORMATION DESIGNATED A TRADE SECRET AND/OR CONFIDENTIAL

AND/OR PROPRIETARY

GENERAL CONDITIONS

ARTICLE G-1 DEFINITION OF TERMS

ARTICLE G-2 REPRESENTATIONS AND WARRANTIES

ARTICLE G-3 PROJECT SCHEDULE

ARTICLE G-4 PROGRESS CHARTS

ARTICLE G-5 INTENT AND USE OF THE CONTRACT

5.1 – Relationship Between Documents

5.2 – References to Other Documents

5.3 – Contract Document Ownership

5.4 – Intent of the Plans

5.5 – Intent of the Specifications

5.6 – Intent of the Contract

5.7 – Record Documents

5.8 – Records Retention

ARTICLE G-6 OMISSIONS OR ERRORS IN THE CONTRACT

ARTICLE G-7 INTERPRETATIONS

ARTICLE G-8 APPLICABLE LAWS AND REGULATIONS

ARTICLE G-9 ROYALTIES AND PATENTS

ARTICLE G-10 ACCIDENT PREVENTION

ARTICLE G-11 PUBLIC CONVENIENCE AND SAFETY

11.1 – Requirements for the Protection of the Work, Personnel and Property

11.2 – Public Convenience

ARTICLE G-12 NOISE ABATEMENT

ARTICLE G-13 WORK DAYS

ARTICLE G-14 NO WAIVER OF RIGHTS

ARTICLE G-15 SEPARATE CONTRACTS

ARTICLE G-16 COORDINATION OF THE WORK

ARTICLE G-17 CONFERENCES AND CORRESPONDENCE

17.1 – Pre-construction Conference

17.2 – Correspondence to the Contractor

17.3 – Correspondence to the City

ARTICLE G-18 CONSTRUCTION MEANS AND METHODS

ARTICLE G-19 CONTRACTOR’S OBLIGATION TO PERFORM

ARTICLE G-20 RESPONSIBILITY OF THE CITY

20.1 – Contractual Representative

20.2 – Issuance of Change Orders and Field Orders

20.3 – Preparation of Additional Drawings

ARTICLE G-21 CITY’S RIGHT TO DO WORK

ARTICLE G-22 CITY’S RIGHT TO STOP OR SUSPEND WORK

ARTICLE G-23 MATERIAL AND EQUIPMENT DELIVERY

ARTICLE G-24 STORAGE OF MATERIALS

24.1 – Proper Storage

24.2 – Use of Premises

24.3 – Use of Chemicals

ARTICLE G-25 QUALITY OF MATERIALS AND WORKMANSHIP

ARTICLE G-26 SANITARY FACILITIES FOR CONSTRUCTION PERSONNEL

ARTICLE G-27 SUBCONTRACTORS

27.1 – Division of the Work for Contractors

27.2 – Contractor’s Responsibility for Subcontractors

27.3 – City’s Responsibility to Subcontractors and Material Suppliers

27.4 – Agreement with Subcontractors

ARTICLE G-28 SMALL BUSINESS ENTERPRISE PROGRAM

ARTICLE G-29 CONTRACTOR’S EMPLOYEES

ARTICLE G-30 CONTRACTOR TO BE REPRESENTED

30.1 – Office Supervision

30.2 – Field Supervision

ARTICLE G-31 TESTS AND INSPECTIONS

31.1 – Tests of Materials

31.2 – Inspections

31.3 – Defective Work

ARTICLE G-32 UNCOVERING OF WORK

32.1 – Uncovering Work Requiring Prior Inspection

32.2 – Uncovering Work Not Requiring Prior Inspection

ARTICLE G-33 UNFORESEEN SUBSURFACE CONDITIONS

ARTICLE G-34 SUBSTITUTIONS DURING CONSTRUCTION

ARTICLE G-35 CHANGES IN THE WORK

35.1 – City’s Right to Request Change Orders

35.2 – Recognition of Extra Work

35.3 – Determining Change Order Prices

35.4 – Disputes Regarding Change Order Prices

35.5 – Contractor’s Right to Request Change Orders

35.6 – Monetary Compensation for Delays

35.7 – Unauthorized Work/Emergency Work

35.8 – Preparation of Change Orders

35.9 – Changes in Contract Time

ARTICLE G-36 SHOP DRAWINGS AND SUBMITTALS

36.1 – Shop Drawings – General

36.2 – Requirements

36.3 – Contractor’s Responsibility

36.4 – Engineer’s Review of Submittals

ARTICLE G-37 CHANGES IN SHIPPED MATERIAL

37.1 – Materials Requiring Submittal Approval Prior to Shipment

37.2 – Materials Not Requiring Submittal Approval Prior to Shipment

ARTICLE G-38 WORK IN INCLEMENT WEATHER

ARTICLE G-39 QUANTITIES OF WORK

39.1 – Unit Price Items

39.2 – Lump Sum Items

ARTICLE G-40 AS-BUILT DRAWINGS

ARTICLE G-41 OPERATION AND MAINTENANCE MANUALS

ARTICLE G-42 CLEAN UP

ARTICLE G-43 SUBSTANTIAL COMPLETION

ARTICLE G-44 FINAL INSPECTION

ARTICLE G-45 PAYMENTS

45.1 – Partial Payment

45.2 – Payment for Materials Stored On- and Off-Site

45.3 – The City’s Right to Decline, Reduce or Delay Payments

45.4 – Final Payment

ARTICLE G-46 GUARANTEE PERIOD

ARTICLE G-47 LIENS

ARTICLE G-48 CLAIMS AND DISPUTES

48.1 – Initial Referral to the Engineer

48.2 – Protesting the Engineer’s Decision

ARTICLE G-49 TERMINATION OF THE CONTRACT

49.1 – Reasons for Termination

49.2 – Settlement of Payment

ARICTLE G-50 PUBLIC RECORDS

ARTICLE G-51 SCRUTINIZED COMPANIES

ARTICLE G-52 DISCHARGES BY CONTRACTOR AND CORRECTIVE ACTION PLANS

ARTICLE G-53 INDEMNIFICATION

ARTICLE G-54 INSURANCE

54.1 – Workers’ Compensation Insurance

54.2 – U.S. Longshore and Harbor Worker’s Act Insurance

54.3 – Commercial General Liability Insurance

54.4 – Commercial Automobile Insurance

54.5 – Builder’s Risk Insurance

54.6 – Pollution/Environmental Liability Insurance

54.7 – Professional Liability Insurance

ARTICLE G-55 PUBLIC CONSTRUCTION BOND

ARTICLE G-56 SUSTAINABILITY & RESILIENCY

Contract Standards Instructions to Bidders

July 2024

INSTRUCTIONS TO BIDDERS

ARTICLE I-1 GENERAL INFORMATION

The construction work called for within this bidding package involves work for the City of St.

Petersburg as Owner. Bidders are cautioned to carefully follow the instructions of this section to help ensure that their Bids are responsive to the requirements as presented herein.

ARTICLE I-2 DEFINITIONS OF TERMS

In addition to the definition of terms provided in this Instructions to Bidders section, the definitions set forth in the Agreement and the General Conditions apply to this Instructions to Bidders section.

ADDENDA/ADDENDUM – Written or graphic instruments issued prior to receipt of Bids which modify or interpret the Contract Documents, Plans and/or Specifications by additions, deletions, clarifications and/or corrections.

BASE BID PRICE – The total price for the Bid, excluding Alternates.

BID DOCUMENTS – Bid forms and Bid bond forms making up the Solicitation issued by the City for this Project.

BIDDER – Individuals or entities submitting Bids for the Project.

BID OPENING – The stage in the solicitation process in which the Bids are publicly opened by the City and read aloud.

NOTICE OF CONTRACT AWARD – Written notice by the City to the apparent successful Bidder stating award of the Project.

RECORDED BIDDERS – All Bidders to which the City has sent the Solicitation and all Bidders that attended the pre-Bid conference.

TOTAL BID PRICE – The total price for the Bid, which includes the Base Bid Price and Alternates.

ARTICLE I-3 EXAMINATION OF BID PACKAGE DOCUMENTS

3.1 Completeness of Bid Package

The physical makeup and content of the Contract Documents are designed to be complete for the preparation and submittal of Bids. However, the Bidder shall verify to its own satisfaction that all material issued to the Bidder including Addenda, is complete. Should the Bidder discover that a page, sheet, or other item is missing, it shall so notify the City and the City will forward the missing item(s) to the Bidder. After Bids have been submitted, no claims of ignorance of the requirements of bidding or of construction, due to such missing material, including Addenda, will be recognized.

3.2 Bidder’s Responsibility to the Project

The submission of a Bid will constitute an incontrovertible representation by the Bidder that it has or will comply with all provisions of the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for the performance of the Work, and that the Bidder has thoroughly reviewed the Plans and Specifications and has included all required labor and material in its Bid.

Inasmuch as it is not standard practice to detail all controls, wiring, piping and appurtenances, etc. required to render each piece of equipment functional on the Plans, the Bidder is cautioned to ensure that its Bid includes all such items necessary to permit the equipment to function as intended in a manner that meets all applicable codes, is free from defects and abnormal conditions, and provides a complete and operational system.

3.3 Contract Documents: Conflicts, Ambiguities, or Exceptions

Should any particular requirement in the Plans and/or Specifications for the Project appear to a Bidder to be in disagreement with other requirements in the Contract Documents, if a Bidder is unsure of the intent or meaning of any particular requirement of the Contract Documents, or if the Bidder takes exception to any terms and conditions of the Solicitation, the Bidder shall immediately notify the City via email to the procurement analyst listed in the Solicitation documents at least seven (7) calendar days prior to bid closing.

If such notifications are received by the City prior to the deadline for questions indicated in the Solicitation, the City will, if deemed by the City to be warranted, issue a written clarification or an Addendum to all Recorded Bidders. A Bid submitted with exceptions may be rejected as being non-responsive.

Explanations or instructions shall not materially alter the Contract Documents unless they are in writing. Oral explanations or instructions given before the award of a contract will not be binding.

3.4 Contract Completion Time

The City will require that Work under this Contract be completed within the time limit stipulated in the Contract Documents, and Bidders must consider this requirement when submitting Bids. If a Bidder is of the opinion that more time should be allowed for accomplishing the Work, a request for such extra time may be made in writing to the Procurement and Supply Management Director.

For consideration, said request must be received by this office prior to the deadline for questions indicated in the Solicitation. If the Procurement and Supply Management Director deems it to be in the best interest of the City to revise the time requirement, an Addendum will be issued and furnished to all Bidders.

ARTICLE I-4 BID GUARANTY

4.1 Certified Check or Bid Bond

Bids shall be accompanied by a certified check, cashier’s check or Bid Bond in the amount of not less than 5% of the Base Bid Price. The certified check or Bid Bond, and the monies payable thereon, shall be paid into the funds of the City of St. Petersburg, Florida, as liquidated damages, if the Bidder fails to execute the written Contract and furnish the required Public Construction Bond within ten (10) calendar days following Notice of Contract Award. The Bid Bond shall be furnished by a Surety company duly authorized to do business in the State of Florida. The Surety company shall have a rating classification of “A” and a financial category of Class VII as evaluated in the current Best’s Key Rating Guide, Property – Liability.

4.2 Return of Checks

Bid securities submitted by Bidders in the form of a certified check or cashier’s check will be held or deposited into the funds of the City of St. Petersburg and will be refunded or returned to the parties submitting same not later than thirty (30) days after execution of the Contract. In the event that all Bids are rejected, checks will be refunded to all Bidders within fifteen (15) calendar days after date of rejection.

ARTICLE I-5 SUBMISSION OF BIDS

5.1 Submission of Bids

The Bidder shall submit a complete Bid electronically through the City’s iSupplier portal. Bids will be received as stipulated in the Solicitation until the time and date specified in the Solicitation.

5.2 Bid Form

Bids shall be made upon the forms supplied within the iSupplier Solicitation. Each Bidder must state in its Bid the price for which the Bidder will perform the Work as required by the Bid Documents.

5.3 Basis of Bid Prices

The Bid Documents, together with any Addenda, which are furnished to prospective Bidders during the advertising period shall become the basis of the Contract.

Unless otherwise provided in the Bid Documents, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work including the costs incurred by the Contractor in complying with all the provisions and requirements of the Contract Documents.

Each unit price will be deemed to include an amount considered by the Bidder to be adequate to cover the Bidder’s overhead and profit for each separately identified item.

5.4 Bid Preparation

All applicable pages of the Bid shall be completed and all required attachments must be provided.

All prices for lump sum or unit price work shall be given in numerals. Bid prices must be entered on the Bid for all items, unless directed otherwise on the Bid.

Failure to complete the Bid price and questionnaire sections and to provide completed required attachments will render the Bid non-responsive.

5.5 Addenda

If, in the judgment of the Procurement and Supply Management Director, an Addendum is required, a copy of such will be posted on the Procurement and Supply Management Department’s web page. All Recorded Bidders will be notified of the Addendum and will be provided with the electronic link to the web page. All Addenda shall become part of the Contract Documents. No other interpretations or clarifications issued prior to the Bid Opening will have legal effect.

The sole obligation of the Procurement and Supply Management Director with respect to distribution of Addenda is to ensure that a copy of each Addendum is posted on the City’s procurement web page and to notify all Recorded Bidders. Each Bidder bears the responsibility to review and/or download the Addenda and to satisfy itself prior to submitting its Bid that its Bid is responsive to all Addenda issued.

5.6 Bid for Alternates

To be responsive, all Bids shall include costs for Alternates. Unless otherwise specified, any Bid which does not include the Base Bid Price plus each and every Alternate may be rejected as being non-responsive. The City may select any combination or reject any or all Alternates as best serves the interest of the City.

5.7 Period Bid Remains in Effect

Bids for the Work covered by this Contract may be held by the City for a period of one hundred twenty (120) days after Bid Opening and shall continue in full effect and not be subject to withdrawal during that period until a Contract has been executed with a Bidder. If no Contract has been executed within the one hundred twenty-day period, any Bid may be withdrawn or nullified by either party or be deemed to be confirmed and extended in time for as long as permitted by the Bidder submitting each such Bid.

ARTICLE I-6 EXAMINATION OF THE SITE

6.1 Familiarity with Site Conditions

It shall be the responsibility of Bidder to examine the site of the proposed Work. Before submitting a Bid, Bidders shall inform themselves fully of the conditions relating to the cost of construction materials and labor under which the Work will be prosecuted, and shall make whatever site investigations or site tests they deem necessary. Should a Bid be accepted, the Bidder will be responsible for any and all errors in its Bid resulting from its failure to perform such examinations, inform itself of such conditions, or do such investigations and tests.

6.2 Extents and Locations of Subsurface Conditions

The Plans show the existing surface and other underground structures likely to affect the prosecution of the Work insofar as they have been determined, but the information shown is not guaranteed as being correct or complete. Bidders are expected to examine the Plans, and the location of the Work upon the ground, and consult various utility companies if deemed necessary, in order to judge for themselves the potential circumstances affecting the cost of the Work or the time required for its completion.

ARTICLE I-7 TABULATION OF THE BIDS

7.1 Correction of Mathematical Errors

Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

7.2 Preparation and Distribution of Bid Tabulation

All Bids received in conformity with the Contract Documents will, as soon as practicable, be tabulated and the tabulation shall be posted in iSupplier.

ARTICLE I-8 REJECTION OF BIDS OR AWARD WITHIN BUDGET AMOUNT

8.1 Rejection of Bids

The City reserves the right to reject any or all Bids, in whole or in part, when the City determines it is in the City’s best interest to do so.

8.2 City Budget

The City reserves the right to award the Contract to the lowest responsible Bidder for an amount equal to the City’s budget for the Work.

ARTICLE I-9 WAIVER OF IRREGULARITIES

In evaluating the Bids, the City reserves the right to waive any and all minor irregularities.

ARTICLE I-10 DISQUALIFICATION OF BIDDERS

Each Bidder, by submitting its Bid, states that neither Bidder nor Bidder’s agents, nor any other party acting on Bidder’s behalf, has paid or agreed to pay, directly or indirectly, to any person, firm, corporation, or employee of the City, any money or valuable consideration for assistance in procuring or attempting to procure the Contract herein referred to, and further agrees that no such money or reward will be hereafter paid.

Any or all Bids will be rejected if there is any reason for believing that collusion exists among the Bidders, and participants in such collusion will not be considered in future Bids for the same Work.

Bidder and its employees, agents, contractors and representatives are prohibited from lobbying City Council, the Mayor, City staff, selection committee members and City project consultants relative to Bidder’s Bid or the Solicitation until the Solicitation selection and award processes have been completed. A bidder’s non-compliance with this provision may result in disqualification from consideration. Notwithstanding the foregoing, this provision shall not prohibit Bidder from (i) providing public comment in accordance with applicable Laws and City policies at public meetings where public comment is permitted, (ii) communicating with the assigned procurement analyst, or

(iii) submitting a dispute or complaint in accordance with the requirements set forth in this Solicitation.

ARTICLE I-11 DISPUTES AND COMPLAINTS

All complaints or grievances should be first submitted orally or in writing to the Director of Procurement & Supply Management, who will take prompt remedial action. The Director of Procurement & Supply Management shall investigate the validity of the complaint and present the findings in writing to the Bidder. If the Bidder is dissatisfied with the Director of Procurement & Supply Management's remedies, Bidder may then make an appeal to the Mayor’s office. Bidder’s appeal will be heard by either the Mayor or City Administrator. All complaints, grievances or appeals must be made no later than seven calendar (7) days preceding the date of the City Council meeting approving the contract or no later than seven calendar (7) days following the selecting of the successful bidder if the contract does not need to be approved by City Council.

ARTICLE I-12 RECOMMENDATION OF AWARD OF CONTRACT

12.1 Standard for Award

Contracts will be awarded to the lowest responsible and responsive Bidder whose Bid meets the requirements and criteria set forth in the Solicitation. In awarding any Contract, the City Council may reject any Bid determined by the City Council not to be in the best interest of the City.

Pursuant to Florida Statute sec. 287.05701, the City will not request documentation of a Bidder’s social, political or ideological interests, consider such interests, or give preference to a Bidder based on such interests.

12.2 Factors Determining Whether a Bidder is Responsible

In making the determination of whether a Bidder is responsible, the City reserves the right to take into account and give reasonable weight to:

A. Whether the Bidder has the necessary personnel, facilities, equipment, ability, experience, financial resources and special qualifications to perform the Work in a satisfactory manner within the time specified;

B. Whether the Bidder or any Subcontractor possesses any City-, County-, or State-approved license(s) and/or certification(s) required to perform the Work;

C. Whether the Bidder’s references confirm the Bidder’s experience qualifications;

D. Whether the Bidder’s references confirm the Bidder has the required resources to do the Work;

E. The Bidder’s default under, or failure to complete, other contracts;

F. The Bidder’s non-compliance with applicable Laws, including any citations from the Occupational Safety and Health Administration (OSHA) in the last three years;

G. Whether the Bidder has had claims made against it alleging wage violations and/or discrimination in the last three years;

H. The Bidder’s involvement in ongoing litigation, including any final judgments that have not been satisfied;

I. The Bidder’s performance of previous satisfactory work for the City, including fulfillment of warranties;

J. Evidence that the Bidder provides a drug-free workplace; and

K. Evidence that all employees who will work on the Project have completed or will complete the OSHA 10-hour training course prior to performing any work on the Project.

12.3 Factors Rendering Bidders Non-Responsive

Any Bidder that submits a Bid that does not conform in all material respects to the requirements set forth in the Solicitation, including but not limited to any requirements to submit documentation, will be rendered non-responsive.

12.4 Recommendation of Award

Upon review and consideration of the relevant factors, the Procurement and Supply Management Director, the Engineering & Capital Improvements Director, the funding agency (if applicable), and the Design Professional will determine the lowest responsible and responsive Bidder, and a recommendation for City Council award will be made by the Procurement and Supply Management Director.

The City reserves the right to award the Contract to the lowest responsible Bidder for an amount equal to the City’s available budget for the Work, which may be greater or less than the lowest responsible Bidder’s Contract total(s) in the Proposal. The City reserves the right to reject any or all Bids, or to delete any part of the Work.

ARTICLE I-13 SPECIAL PROVISIONS DUE TO FEDERAL FINANCING

If this Project is to be financed, in whole or in part, by the Federal Government, all applicable requirements of the Davis Bacon Act as amended shall be complied with by Contractor.

The Davis Bacon Act, as amended, includes the provisions of the President’s Executive Orders #11246 and #11375, Titles VI and VII of the Civil Rights Act of 1964, and sets forth criteria for the following: (a) Labor Standards, (b) Procedures for compliance with the Davis Bacon Act, (c) Mandatory clauses which shall be included in all contracts which are subject to provisions of the Davis Bacon Act, (d) Apprentice and trainee employment requirements in all contracts in excess of $10,000 where the Davis Bacon Act applies, (e) Instructions for completing Payroll Form WH347, and (f) Contractor responsibilities under the Davis Bacon Act.

If Federal or State funds are partially or fully funding this Project, the Contractor will be required to submit a Payment and Performance Bond for 100% of the cost of construction.

If the City utilizes or may utilize a federal grant for the work or products covered under this Solicitation, then, pursuant to CFR Chapter II Part 200, the City prefers that Bidder purchase, acquire, or use goods, products, or materials that are produced in the United States.

ARTICLE I-14 SUBCONTRACTORS

14.1 Prior Approval

No part of the Contract shall be sublet without the prior written approval of the Owner. If the Contractor should sublet any part of this Contract, the Contractor shall be as fully responsible to the Owner for acts and omissions of its Subcontractor and of the persons either directly or indirectly employed by its Subcontractor, as it is for the acts and omissions of persons directly employed by the Contractor.

14.2 Subletting of Contract

The Contractor must complete at least 25% of the Total Bid Price with its own organization based on unit Bid prices, unless otherwise specified in the contract documents or approved in writing by the Engineer. The contract amount upon which the 25% requirement is computed includes the cost of materials and manufactured products which are to be purchased or produced by the Contractor under the contract provisions.

In order to meet this 25%, the Contractor shall not purchase any materials for a subcontracted item nor shall Contractor place other contractor’s employees on Contractor’s payroll. The term “own organization” shall be construed to include: i. workers employed and paid directly by the Contractor, ii. workers employed and paid directly by a Professional Employer Organization ("PEO") that meets the conditions for the use of PEO employees as set forth in the Qualification Requirements section of the Solicitation, or iii. equipment owned or rented by Contractor, with or without operators.

Each Bid shall include the name and place of business of each intended Subcontractor who will perform work or render services to the Contractor along with the portion of Work and cost of that Work to be completed by each Subcontractor.

The Contractor who is awarded the Project may not change or substitute Small Business Enterprise (“SBE”) Subcontractors except upon written approval of the Engineer for the following situations:

A. SBE Subcontractor fails or refuses to execute a written contract for the scope of work specified at the price specified;

B. SBE Subcontractor is not appropriately licensed to perform the scope of work;

C. SBE Subcontractor becomes bankrupt or insolvent;

D. SBE Subcontractor is ineligible to perform the work on the Project;

E. SBE Subcontractor fails or refuses to perform its subcontract;

F. Engineer determines the work performed by the SBE Subcontractor is substantially unsatisfactory and not in substantial accordance with the Plans and Specifications;

G. SBE Subcontractor is substantially delaying or disrupting the progress of the Work.

ARTICLE I-15 NONDISCRIMINATION

In carrying out the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin, marital status, age, disability, sexual orientation, genetic information, or other protected category in violation of applicable Laws; provided, however, that the City may not enforce this provision to prohibit or discriminate against religious exercise in a manner that would be proscribed by the United States Constitution or other applicable Laws.

ARTICLE I-16 WITHDRAWAL OF BIDS

Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the deadline for submitting Bids. A request for withdrawal or a modification must be in writing and signed by a person duly authorized to do so; and, in case signed by a deputy or subordinate, the principals’ proper written authority to such deputy or subordinate must accompany the request for withdrawal or modifications.

Withdrawal of a Bid will not prejudice the rights of a Bidder to submit a new Bid prior to the Bid date and time.

If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed, written notice with the City and within five (5) calendar days thereafter demonstrates to the reasonable satisfaction of the City that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid and the Bid security will be returned. Thereafter, the Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents.

ARTICLE I-17 PUBLIC ENTITY CRIMES

Contractor is hereby notified of the provisions of Section 287.133(2)(a), Florida Statutes, related to prohibitions on persons or affiliates who have been placed on the convicted vendor list following a conviction for a public entity crime.

ARTICLE I-18 SMALL BUSINESS ENTERPRISE PROGRAM

18.1 Participation by SBE Contractors and Subcontractors

Unless otherwise prohibited, all Contractors entering into a construction contract with the City agree to be subject to and comply with the requirements for designating a percentage of the Work for small business enterprises (as defined in Section 2-232), or demonstrating and documenting a good faith effort to do so, as those requirements are set forth in Chapter 2, Article V, Division 4, of the St. Petersburg City Code, as may be amended from time to time (collectively, “SBE Requirements”). The ability of a Contractor to perform the Work with its own workforce will not excuse the Contractor from complying with the SBE Requirements. The designated Small Business Enterprise percentage requirement for the Work is set forth in the Qualification Requirements section of the Solicitation.

18.2 Acknowledgment with Bid

All Bidders shall respond in the Qualification Requirements section of the Solicitation that they have read, understand, and will comply with the SBE Requirements. A Bidder's failure to submit a response in the Qualification Requirements section of the Solicitation renders the Bid non-responsive.

ARTICLE I-19 CONSIDERATION OF SEA LEVEL RISE AND RESILIENCY

It is the policy of the City to apply the consideration of sea level rise and resiliency to the City's decision-making, including in the procurement of City construction projects. Bidders are encouraged to provide documentation addressing the following:

A. Whether the Project considers the latest regional best available science regarding the effects of sea level rise, climate-related vulnerability and resiliency in St. Petersburg;

B. Whether the Project affects an area that is vulnerable to the impacts of sea level rise;

C. Whether the Project will increase the resiliency of the City with respect to sea level rise;

D. Whether the Project is compatible with the City's sea level rise mitigation and resiliency efforts.

ARTICLE I-20 ENVIRONMENTALLY PREFERABLE PURCHASING

It is the policy of the City to purchase recycled and environmentally preferable goods. This includes products that contain recycled material, reduce toxicity and pollution, conserve energy, conserve water and prevent waste. This policy will be carried out consistent with the City’s obligations and purpose, and with an overall intent to obtain competitive prices to provide value to the taxpayers.

Bidders are encouraged to submit items in their Bids that meet the City’s Environmentally Preferable Purchasing (“EPP”) program standards. When submitting EPP items for consideration, Bidders must submit documentation that substantiates their claims.

ARTICLE I-21 AMERICANS WITH DISABILITIES ACT (ADA) PUBLIC NOTICE

In accordance with the requirements of Title II of the Americans with Disabilities Act 1990, the City of St. Petersburg will not discriminate against qualified individuals with disabilities on the basis of disability in the City's services, programs, or activities. If Bidder requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to adequately respond to this Solicitation, Bidder should contact ADA Coordinator at (727) 893-7229 or email:

lendel.bright@stpete.org as soon as possible but no later than 72 hours before the applicable deadline, meeting, or event.

ARTICLE I-22 HEALTH IN ALL POLICIES AND PROJECTS

Pursuant to Executive Order EO-2018-04, it is the policy of the City to apply the consideration of health, health impacts, and the social determinants of health to the City’s decision–making, including policy development and implementation, budgeting, and the delivery of services.

Bidders are encouraged to propose services, supplies, and construction that promote health to the greatest extent practicable in their responses to City Solicitations. Bidders are further encouraged to provide workplaces that promote the health and well-being of their employees.

ARTICLE I-23 INFORMATION DESIGNATED A TRADE SECRET AND/OR CONFIDENTIAL

AND/OR PROPRIETARY

All Bids (including all documentation and materials attached thereto or provided in connection with this Solicitation) submitted to the City are subject to Florida’s public records laws (i.e., Chapter 119, Florida Statutes), which requires disclosure of public records, unless exempt, if a public records request is made. Bids (including all documentation and materials attached to bids or provided in connection with this Solicitation (even if in a separate electronic file)) submitted to the City cannot be returned. DO NOT LIST YOUR ENTIRE BID AS TRADE SECRET AND/OR CONFIDENTIAL. The City will not consider Bids if the entire bid is labeled a Trade Secret and/or Confidential and/or Proprietary.

If Bidder believes that its Bid contains information that is a trade secret (as defined by Florida law) and/or information that is confidential and/or proprietary and therefore exempt from disclosure then such information must be submitted in a separate electronic file and comply with the following requirements. In addition to submitting the information in a separate or electronic file, bidder must include a general description of the information designated as a trade secret and/or confidential and/or proprietary and provide reference to the Florida statute or other law which exempts such designated information from disclosure in the event a public records request.

The City does not warrant or guarantee that information designated by Bidder as a trade secret and/or confidential and/or proprietary is a trade secret and/or confidential and/or proprietary and exempt from disclosure. The City offers no opinion as to whether the reference to the Florida statute or other law by Bidder is/are correct and/or accurate. Please be aware that the designation of information as a trade secret and/or confidential and/or proprietary may be challenged in court by any person or entity. By designation of information as a trade secret and/or confidential and/or proprietary Bidder agrees to defend and indemnify the City, its employees, agents and elected and appointed officials (“Indemnified Parties”) against any and all claims, demands and actions (whether or not a lawsuit is commenced) arising out of or in connection with Bidder’s designation of information as a trade secret and/or confidential and/or proprietary and to hold harmless the Indemnified Parties for any award to a plaintiff for damages, costs and attorneys’ fees, and for costs and attorneys’ fees (including those of the City Attorney’s office) incurred by the City by reason of any claim, demand or action arising out of or related to Bidder’s designation of information as a trade secret and/or confidential and/or proprietary.

Failure to comply with the requirements above shall be deemed as a waiver by Bidder to claim that all additional information in its Bid is a trade secret and/or confidential and/or proprietary regardless of whether such information is labeled trade secret and/or confidential and/or proprietary. Bidder acknowledges, understands, and agrees that all information in its Bid (not including information submitted in a separate electronic file and designated trade secret and/or confidential and/or proprietary in accordance with the requirements in this Article) will be disclosed, without any notice to Bidder, if a public records request is made for such information and the City shall not be liable to bidder for such disclosure.

Bidder acknowledges and understands that its Bid will be opened publicly at the time, date and place designated in the Solicitation. The entire contents of Bidder’s Bid may be discussed at meetings that are open to the public, subject to the requirements set forth in Chapter 286, Florida Statutes.

00753149 July 2024

GENERAL CONDITIONS

ARTICLE G-1 DEFINITION OF TERMS

In addition to the terms set forth in the Agreement, the following terms as used in the Contract are respectively defined as follows:

ALTERNATES – Bid price for additive or deductive items to the Base Bid in the Proposal.

BID – The solicitation response the Contractor submitted on the prescribed proposal form setting forth the prices for the Work to be performed.

BUSINESS DAYS – Every day other than Saturdays, Sundays, or City-designated holidays.

CHANGE ORDER – A written order to the Contractor prepared by the City, executed as required by the Contract, describing, authorizing and recognizing a change in the Work, an adjustment in the prices for the Work set forth in the Bid, and, if applicable, an adjustment to the Contract Time.

A Change Order may be utilized to substitute work at no cost, to authorize additional (extra) work or to authorize the deduction of work. A Change Order signed by the Contractor indicates its agreement therewith.

CITY INSPECTOR – Duly authorized project representative assigned by the Manager, Engineering Construction. The City Inspector may be a City employee or an employee of a Design Professional employed by the City.

DESIGN PROFESSIONAL – The person or entity under separate contract with the City to provide Engineering/Architectural services, and, if noted at the pre-construction conference, may provide construction administration, construction inspection, or other project-related services for the Project.

ENGINEER – The Director of the City Engineering & Capital Improvements Department, or an authorized representative.

FIELD ORDER – A written instrument, on a form utilized by the City and delivered to the Contractor, that interprets and/or provides the Contractor with information clarifying a particular requirement of the Contract or authorizes changes in the Work with an agreed upon cost so Work may proceed without delay until an official Change Order can be issued.

FINAL PAYMENT – The final payment made by the City after Final Completion has been achieved by the Contractor. Final Payment releases all moneys due to the Contractor, including any retainage withheld.

FINAL COMPLETION – Completion of all work required under the Contract to the satisfaction of the City. Completion includes not only construction of Work but also the completion of the Punch List items, which may include submittal of as-built drawings approved by the City, warranty documents, Operation and Maintenance Manuals, and all other documentation required by the Contract.

LAWS – All federal, state, and local statutes, rules, regulations and ordinances, the federal and state constitutions, and the orders and decrees of lawful authorities having jurisdiction over the matter at issue.

MANAGER, ENGINEERING CONSTRUCTION – Duly authorized representative of the Engineer.

NOTICE TO PROCEED – Official written notice provided by the City to the Contractor, the date of which the Contract Time commences to run, and upon which the Contractor shall be prepared to initiate commencement of the Work under the Contract within the following ten (10) calendar days.

PLANS/CONTRACT PLANS – All tracings, drawings, or reproductions thereof furnished by the City pertaining to the Project and such detailed supplemental drawings as may be issued by the City as the Work proceeds.

PUNCH LIST – a final comprehensive list of items to be completed or corrected after Substantial Completion and prior to final payment, including the estimated cost to complete each item on the list. Said estimated cost shall be in accordance with the approved schedule of values.

SAMPLES – Physical examples which illustrate materials, equipment, or workmanship and established standards by which the Work will be judged.

SHOP DRAWINGS – All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Contractor, a Subcontractor, manufacturer, supplier, or distributor and which illustrate the equipment, material, or some portion of the Work required by the Contract.

SOLICITATION – All documents included in the solicitation issued by the City for the Work, including but not limited to the Notice to Bidders, Invitation to Bid, and Instructions to Bidders, and any addenda thereto.

SPECIFI…