ITB_2023-02_Northside_WW_Pkg.pdf

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AN EQUAL OPPORTUNITY EMPLOYER

INVITATION TO BID

Response Acknowledgement

AGENCY:

CITYOFZEPHYRHILLS

ATTN: PURCHASING DEPT

5335 8TH STREET

ZEPHYRHILLS, FL 33542

PURCHASING AGENT: Karen Miller

Phone:813-780-0000x3536 FLORIDA TAX EXEMPT #85-80127401660-4

Email: kmiller@ci. zephyrhills.fl. us FEDERAL IDENTIFICATION NUMBER #59-6000455

Obtained ALL Bid Documents and Submit Q8A and Responses electronically on: OPENGOV - LINK ON WEBSITE WWW.CI.ZEPHYRHILLS.FL.US

BID/PROPOSAL NUMBER . DISTRIBUTION DATE BID/PROPOSAL TITLE BID/PROPOSAL RESPONSES OPENING DATE/TIME Northside Water/Wastewater Forcemain- OPENGOV Online- Friday, January 12, Phase 3 before 10 AM

TELE CONFERENCE DATE GoTo Meetng A Strongly Recommended a None RESPONSES RECEIVED AFTER ABOVE DATE: 12-4-2023 TIME: 10:00 AM 2nd Floor Conference Room DATE AND TIME

GOTO LINK: https://meet.goto.com/159259221 WILL NOT BE ACCEPTED Call: 1-224-501-3412 ACCESS CODE: 159-259-221 Bid Bonds must be received

SITE VISIT: After the Meeting

VENDOR MUST COMPLETE THE BELOW AREAS AND RETURN FORM, NOTARIZED. FORM IS REQUIRED.

RESPONDER'S NAME/ADDRESS: If returning as a "NO" state reason:

TELPHONE NUMBER:

EMAIL ADDRESS:

I certify this Response is made without prior understanding, agreement, or connections with any corporation, FEDERAL EMPLOYER ID NUMBER OR SS NUMBER:

firm or person submitting a Response for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to all conditions of this Bid/Proposal and certify that I am authorized to sign this Response for the company. In submitting a Response to the City of Zephyrhills the Responder offers and agrees that if this Response is accepted, the Company will convey, sell, assign or transfer to ̂ he City of Zephyrhills all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Zephyrills. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Company.

THIS FORM MUST BE NOTARIZED BELOW

Sworn to and subscribed to me this _ day of , 2024

Personally known: D Or produced identification: D

Type of ID:

AUTHORIZED SIGNATURE

PRINTED NAME/TITIE

AFFIX NOTARY STAMP BELOW

Notary Signature

My commission expires:

State

BONDS

An EBond shall be included in your uploaded response or a certified check delivered to City Hall before the deadline for an amount not less than five (5%) of the total bid price and shall be made payable to the City as a guarantee that the Bidder will not withdraw his bid for a period of forty-five (45) days after bid closing time. Bid, Payment and Performance Bond and all Insurance shall be secured from or countersigned by an Agency or Surety Company recognized in good standing and authorized to do business in the State of Florida.

THE CITV OF ZEPHYRHILLS RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS, TO WAIVE INFORMALITIES, AND TO ACCEPT ALL OR ANY PART OF

ANY RESPONSE/PROPOSAL AS MAY BE DEEMED TO BE IN THE BEST INTEREST OF THE CITY UNLESS OTHERWISE NOTED, PAYMENT OF GOODS OR SERVICES PROVIDED AS A RESULT OF THIS SOLICITATION WILL BE MADE PER FLORIDA STATUTE. ALL VENDORS MUST SUBMIT A COMPLETED W-9

FORM.

ITB-2023-02 Northside Water/Wastewater_Force Main-Phase 3

Table of Contents

Bid Response Form (Part 1 and Part 2) NOTE: Detailed Bid Form is in Technical Specs Page 6

Bid Requirements

Instructions to Bidders

Preliminary Matters

Contractor's or Vendor's Responsibility

Scope of Work

Project Location Map

Bid Time Table

Bid Bond Form

Sworn Statement - Public Entity Crimes

E-Verify Certification Form

Addenda Receipt Acknowledgement

Drug Free Workplace Form

Non-Collusive Affidavit

Errors or Omissions

References -Projects of Similar Scope

References -For Currently Active Projects

Certification regarding Debarment, Suspension, Ineligibility & Voluntary Exclusion Form

Statement of No Bid/Response

Trench Safety Certification

A1A - Change Order Sample - G701

ITB-2023-02 Northside Water/Wastewater Force Main-Phase 3

BID RESPONSE FORM

Detailed Bid Form to be Submitted on Page 6, Technical Specifications

In accordance withthe Specifications contained herein, I certify that any and all information contained in this bid response is true; and I further certify that this bid is made without prior understanding, agreement, or connections with any corporation, firm or person submitting a bid forthe same materials, supplies, equipment, or sen/ices and is in all respectsfair and without collusion or fraud. I agree to abide by all terms and conditions of the bid, and certifythat I am authorized to sign forthe applicant firm. Please print the following and sign your name.

A, m oun t of Base Bid S

10% Contingency S Contingency is not guaranteed.

Total Contract Sum (Amount of Bid + Contingency)

Any contingency items shall be communicated by written change order and shall be approved by both the Owner and Contractor.

Total Contract Sum of Bid in Words:

The BIDDER must submit a bid on all items contained in specification or the bid shall be considered irregular. The OWNER reserves the right to accept or reject the bid. The OWNER, or his representative, further reserves the unqualified right to determine whether any particular item or items or materials, equipment, or whatsoever is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. The bid selection shall be based on the apparent low bidder for the "TOTAL CONTRACT SUM"

Add'l Documents Included: Bid Form a Bid Bond/Check n References a Public Entity Crimes D License(s) copies D Drug Free Workplace a No-Bid D Page 22, Signature/Seal a Addenda Affidavit D E-Verify a Non Collusive D Certification re: Debarment, Suspension, Ineligibility & Voluntary Exclusion

NAME, ADDRESS, AND SIGNATURE OF BIDDER:

NAME: TITLE:

ADDRESS:

PHONE: FAX:

E-MAIL ADDRESS:

BIDDER SIGNATURE: DATE:

Corporate Seal or Notarization betowdate

BID REQUIREMENTS

Bid documents, plans, addendums can be viewed and downloaded from OPENGOV htt s://www. htt s:// rocurement. o en ov. com/ ortal/ze h rhillsfl A link to OPENGOV can be found on the City's Website, www.ci.ze h rhills. fl. us, Click on Government, Purchasing, OPENGOV, SIGNUP and you will be able to follow our solicitation activity after signup. It is your responsibility to ensure you have downloaded all addendums published before the bid opening. You must be a registered vendor for the City of Zephyrhills. Registration is FREE. Your response and all required documentation are to be submitted through OPENGOV electronically before the date and time listed for responses.

Bid Bond: There are two methods of providing your solicitation bid bond. The first and preferred method is by an EBond which can be electronically uploaded with your solicitation response. The second method is to provide a certified check and deliver it to City Hall, 5335 8th Street, Zephyrhills, Florida 33542 before the deadline. Shall be for an amount not less than five percent (5%) of the total bid price and shall be made payable to the City as a guarantee that the Bidder will not withdraw his bid for a period of forty-five (45) days after bid closing time.

The Bid Bond (EBond or Certified Check) provides as a guarantee that if the bid proposal is accepted, the bidder will executed and execute the contract and furnish a Payment and Performance Bond at least equal to one hundred percent (100%) of the contract price within ten (10) days after Notice of Award of the contract.

The bid package language accommodates for all types of services and/or purchases.

TELE PRE-CONFERENCE: This tele/pre-conference meeting is non-mandatory but strongly recommended to discuss the requirements of this solicitation. This has been scheduled for Monday, December 4, 2023 atio:oo AM. This meeting will assure all bidders share the same information and have a fair opportunity to bid this project. It is recommended all vendors visit the locations to look at the requirements listed in this solicitation.

GoTo Link: https://meet.goto.com/159259221 Phone: +1(224)501-3412 Access Code: 159-259-221

You may need to type the link as cutting/pasting may not work.

Pa ment and Performance Bond and All Insurance Shall be Secured from or Countersi nedb an A enc orSuret Corn an Reco nized in Good Standin and Authorized to do Business in the State of Florida.

If at any time the Owner for justifiable cause shall be or become dissatisfied with any Surety, then upon the Performance of Payment Bonds, the Contractor/Vendor shall within ten (10) days after notice from the Owner, substitute an acceptable bond (or Bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the Owner. The premiums on such bond shall be paid by the Contractor/Vendor. No further payments shall be deemed due and shall not be made until new Surety or Sureties shall have furnished such an acceptable bond to the Owner.

Indemnit : Contractor/vendor shall defend, indemnify and hold harmless the City of Zephyrhills and all oftheCity of Zephyrhills's officers, agents, and employees from and against all claims, liability, loss and expense, including reasonable costs, collection expenses, attorneys' fees, and court costs which may arise because of the negligence (whether active or passive), misconduct, or otherfault, in whole or in part (whether joint, concurrent, or contributing), of contractor/vendor, its officers, agents or employees in performance or non-performance of its obligations under the Agreement generated from this solicitation. Contractor/vendor recognizes the broad nature of this indemnification and hold harmless cause, as well as the provision of a legal defense to the City of Zephyrhills when necessary, and voluntarily makes this covenant and expressly acknowledges the receipt of such good and valuable consideration provided by the City of Zephyrhills in support of these indemnification, legal defense and hold harmless contractual obligations in accordance with the laws of the State of Florida. This clause shall survive the

ITB-2023-02 Northside Water/Wastewater Force Main-Phase 3 termination of the Agreement from this solicitation. Compliance with any insurance requirement.

required elsewhere within the Agreement shall not relieve the contractor/vendor of its liability and obligation to defend, hold harmless and indemnify the City of Zephyrhills as set forth in this article of the Agreement.

It is further agreed that liability and exposure for indemnification (including, but not limited to the amounts of any indemnification owed by a governmental entity) will be limited to and governed by the provisions of Section 768. 28(5), Florida Statutes.

Ex arte Communication: Please note that to insure the proper and fair evaluation of a bid proposal, the City of Zephyrhills prohibits exparte communication (i. e., unsolicited) initiated by a bidder to the City official or employee evaluating or considering the bids prior to the time a bid decision has been made.

Any communication between bidder and the City will be initiated by the appropriate City official or employee inorder to obtain information or clarification needed to develop a proper and accurate evaluation ofthe bid. Anyexparte communication may be grounds fordisqualifying the offending bidder from consideration or award of the proposal then in evaluation or any future proposal.

INSTRUCTIONS TO BIDDERS

i. Pro osals: Responses/Proposals will be submitted through BidNet Direct meeting all requirements listed for furnishing all transportation, labor, material and equipment, and performing all operations required forthe construction and completion of the work herein specified and shown on the drawings.

2. Additional In ormation or Clari ication: Request for additional information or clarifications must be made in writing and can be e-mailed to kmiller ci.ze h rhills. fl. us or through BidNet Direct (preferred). Any request for additional information or clarification must be received in writing no later than Friday, December 29, 2023 by 10:00 A. M.

3. E uivatent Brand Names: When the City does not wish to rule out other competitor's brands or makes, the phrase "OR EQUIVALENT" is specified. Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufactures' or vendors' names, trade names, catalogue numbers, etc, it is intended merely to establish a standard; and, any material, article or equipment of other manufacturers and vendors that will perform adequately the duties imposed by the general design and will be considered equally acceptable provided the material, article or equipment so proposed, is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the Contractor/Vendor without the Architect/Engineer's written approval. However, if a product other than the specified bid, it is the bidder's responsibility to identify such product in its bid, and prove to the City that said product is equal to or better than the product specified. The City shall have the sole and absolute discretion to determine whetherthe product identified by the bidder is equal to or betterthan the product specified by the City. Manufacturers' certificates of specifications conformance of materials may be required by the City; these certificates shall be furnished at no cost to the City. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is otherthan specified bythe City. If samples should be requested, such samples must be received by the City within the time specified after a formal request is made. Any items which fall into this category are to be submitted to the City for review and approval no later than Friday, December 29, 2023 byio:ooA.M.

4. Bidder: A bidder is an individual, firm, or corporation submitting a Proposal to the City for the work contemplated.

5. Res onse Forms: The bidder shall submit his Proposal on the forms furnished herewith. The blank spaces shall be filled in correctly for each lump sum item and for every item for which a quantity is given. The bidder shall state the price, typewritten or printed in ink, for which he proposes to do each item of work called for.

6. S/ nature on Res onse: The bidder must sign his Response correctly. If the response is made by an individual, he shall sign and his name and his post office address shall be shown. If made by a firm or partnership, signature shall be by a general partner and the name and post office address of each member of the firm or partnership shall be shown. If made by a corporation, the person signing the Response shall show the name of the state under the laws of which the corporation was chartered, also the name and businessaddressof its president, secretary and treasurer. The Response shall bear the seal of the corporation attested by the secretary. Anyone signing the Response as agent shall file with the Response legal evidence of his authority to do so.

7. Familiarit with Laws: The bidder is assumed to be familiar with all Federal, State and local laws, ordinances, rules and regulations that in any manner affect the work. Ignorance on the part of the bidder will in no way relieve him from responsibility.

8. Examination o Drawin s S ec! ications and Site o Work: The bidder shall visit the site of the proposed work and familiarize himself with the nature and extent of the work and all local conditions that may in any manner affect the work to be done and the equipment, materials and labor required.

By submitting his bid, the bidder acknowledges that he has visited the site and that he is otherwise familiar with the nature and extent of the work and all local conditions that may in any manner affect the work to be done and the equipment, material and labor required. He is required to examine carefully the drawings and specifications and Form of Agreement and Bond and to inform himself accurately and completely regarding any and all conditions and requirements contained herein that may in any manner affect the work to be performed.

9. Qua//' ications o Bidders: The contract(s), if awarded, will be awarded only to a responsible contractor/vendor who is qualified by experience to do/supply the work specified herein. The bidder shall submit with his Proposal evidence satisfactory to the City, of his experience in like work and when requested he shall show that he has prepared 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.

10. Dis uali ication o Bidders: No bidder shall submit more than one proposal, and reasonable grounds for believing that a bidder interested in more than one Proposal forthe same work will cause rejection of all Proposals in which such bidder, or bidders, are believed to be interested. Any or all Proposals will be rejected if there is reason to believe that Collusion exists among the bidders and no participants in such collusion will be considered in future Proposals for the same work.

ii. /?/" ht to Re'ect Submittal Res onse: Right is reserved to reject any or all Proposals and to disregard technical errors.

12. Return o Guarant : As soon as the bids have been compared, the City may, at its discretion, return the guaranty deposit accompanying such Proposals as in its judgment would not likely be considered in making the award. All other proposal guaranties will be held until the Agreement and Bond have been executed, after which they will be returned to the respective bidders.

13. Execution o the A reement: The individual, firm or corporation to which the contract has bee awarded shall sign the necessary Agreement with the City, and return it to the City within ten (10) days. No contract shall be considered binding upon the City until it has been properly executed.

^. Failure to Execute the A reement: Failure on the part of the successful bidder to execute the Agreement as required will be just cause for the annulment of the award, and in the event of the annulment of the award, the Bidder shall forfeit his bid bond. This forfeiture shall not be construed as a penalty, but as reasonable, fixed and liquidated damages because of the Bidder's failure to enter into Agreement with the City. The award may then be made to the next lowest acceptable bidder, or the work re-advertised as the City may elect.

15. Withdrawal o Res onse: A bidder may withdraw his Proposal without prejudice to himself, not later than the day and hour set for opening of bids, by communicating his purpose in writing to the City and his Proposal will be returned to him unopened.

i6. Interesto Membero orDele atetoCon ress. No member of or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract or any benefit that may arise therefrom, but this provision shall be construed to extend to this contract if made with a corporation for its general benefit.

17. Sas/'s o Award: Considerations will be given to price, experience of the bidder in this type of work, and their conformity with the specifications. Except where the City exercises the right reserved herein to reject any or all bids and subject to the restrictions stated hereinabove, the Contract shall be awarded by the City to the responsible Bidder who has submitted either the lowest responsive bid, or the lowest responsive bid on the base bid including such alternates/optional items as the City determines to be in its own best interests, and application of any preferences, as applicable. The quality of the material to be supplied, their suitability to requirements, and guarantee clauses shall be taken into consideration. No significant deviation forthe term of this specification is acceptable. The City of Zephyrhills reserves the right to reject any or all bids as authorized by law, to accept in whole or in part any such bid, and to award the contract to other than the lowest bidder at its discretion, if the best interest of the City of Zephyrhills is thereby served.

18. Award o Contract: The City reserves the right to reject any or all bids, or any part of any bid, to waive any informality in anybid, orto re-advertiseforall or part of the work contemplated. The City resen/es the right, prior to award of Contract, to add to the scope of the project any item or any combination of items which may exceed the total bid price for the project.

Considerations will be given to price, experience of the bidder in this type of work, and their conformity with the specifications. Awards will be made to the lowest responsible bidder. The quality of the material to be supplied, their suitability to requirements, and guarantee clauses shall be taken into consideration. No significant deviation for the term of this specification is acceptable. The City of Zephyrhills reserves the right to reject any or all bids as authorized by law, to accept in whole or in part any such bid, and to award the contract to other than the lowest bidder at its discretion, if the best interest of the City ofZephyrhills is thereby served.

A pre-construction meeting shall take place after the award of the contract. This meeting is mandatory pre-construction meeting. The attendees of this meeting shall be the Contractor and City Staff.

In the event the contract is awarded to this Bidder, he will enter into a formal written agreement with the City in accordance with the accepted bid within ten (10) calendar days after said contract is submitted to him. The Bidder further agrees that in the event of the Bidder's default or breach of of the agreements of this proposal, the said bid deposit shall be forfeited as liquidated damages.

If awarded this contract, It is hereby understood and mutually agreed, by and between the Contractor/Vendor and the Owner, that the date of beginning and the time for completion as specified in the contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the "Notice to Proceed."

It is further agreed where under the contract an additional time is allowed for the completion of any work, the time limit fixed by such extension shall be of the essence of this contract. Provided, that the Contractor/Vendor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor/Vendor is without fault and the Contractor's or Vendor's reason for the time extension is acceptable to the Owner: Provided, further, that the Contractor/Vendor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due:

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

(b) To any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsection (a).

Provided, further, that the Contractor/Vendor shall, within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date affinal settlement of the contract, notify the Owner, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor/Vendor within a reasonable time of its decision in the matter.

The Contractor/Vendor agrees that said work shall be prosecuted regularly, diligently, and uninterrupted at such rate of progress as will insure full completion thereof within the time specified.

It is expressly understood and agreed, by and between the Contractor/Vendor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. The Bidder agrees to supply all materials within thirty (30) days after successful agreement has been signed by both parties and after contract has been submitted to them and receipt of Notice to Proceed.

If the said Contractor/Vendor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor/Vendor does hereby agree, as a part consideration for the awarding of this contract, to pay to the Owner the amount specified in the contract, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor/Vendor shall be in default after the time stipulated in the contract for completing the work

Should the contractor/vendor fail to substantially complete and supply the materials listed under this contract and make it available for beneficial use on or before the date stipulated for completion (or such later date as may result from extension of time granted by City), he shall pay the City, as liquidated damages, the sum of $1000. 00 for each consecutive calendar day that terms of the contract remain unfulfilled beyond date allowed by the contract, which sum is agreed upon as a reasonable and proper measure of damages which City will sustain per diem by failure of Contractor/vendor to supply the materials within the time stipulated; it being recognized by City and Contractor/vendor that the injury to City which could result from a failure of Contractor/vendor to complete on schedule is uncertaii and cannot be computed exactly. In no way shall costs for liquidated damages be construed as a penalty.

Any notice to any Contractor/Vendor from the Owner relative to any part of this contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to the said Contractor/Vendor at his last given address or delivered in person to the said Contractor/Vendor or his authorized representative on the work.

19. Conditions: The bidder shall list on a separate sheet of paper any variations from, or exceptions to, the conditions and specifications of this bid. This sheet shall be labeled "Exceptions to Bid Conditions and Specifications", and shall be attached to the bid. Any variations or exceptions shall meet or exceed the plans and specifications.

20. Quantities. An estimate of the quantities of work to be done and/or materials to be furnished is given in the specifications. It is the result of the City's calculations and is believed to be correct. It is given only as a basis of comparison of bids and the City does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased without in any way invalidating the unit bid prices.

21. Public Records: In accordance with 119. 0701 F. 5. Contractor shall:

IF CONSULTANT OR CONTRACTOR HAS QUESTIONS

REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA

STATUTES, TO THE CONSULTANT'S OR CONTRACTOR'S DUTY

TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT

OR CONTRACT, THEY SHALL CONTACT THE CUSTODIAN OF

PUBLIC RECORDS AT:

LORI HILLMAN, CITY CLERK

CITY OF ZEPHYRHILLS

53358THSTREETH

ZEPHYRHILLS, FLORIDA 33542

LHILLMAN CI.ZEPHYRHILLS.FL.US

813-780-0000

22. Correction o Work. All work, all materials, whether incorporated in the work or not, all processes of manufacture, and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture, and methods of construction for the purposes for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good replaced and/or corrected, as the case may be by the Contractor/Vendor at his own expense. Rejected materials shall immediately be removed from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor/Vendor hereunder shall be reduced by such amount as in the judgment of the Architect/Engineer shall be equitable.

23. Subsur ace Conditions Found Di erent. Should the Contractor/Vendor encounter sub-surface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, the Contractor/Vendor shall immediately give notice to the Architect/Engineer of such conditions before they are disturbed. The Architect/Engineer will thereupon promptly investigate the conditions, and if he finds that they materially differ from those shown on the Plans or indicated in the specifications he will at once make such changes in the Plans and/or Specification, as the Contractor/Vendor may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in Paragraph 17 of the General Conditions.

24. Claims or Extra Cost. No claim for extra work or cost shall be allowed unless the same was done in pursuance of a written order of the Architect/Engineer approved by the Owner, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 17 of the General Conditions, the Contractor/Vendor shall furnish satisfactory bills, payrolls, and vouchers covering all items of cost and when requested by the Owner, give the Owner access to accounts relating thereto.

25. 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 (i) not less than ten (10) 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 priorto 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 i(a) above.

c. If termination for default is effected by the local government, an equitable adjustment in the price forthis contract shall be made, but (i) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the contractor/vendor at the time of termination may be adjusted to cover any additional costs to the local government because of the contractor's or vendor's default.

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

For any termination, the equitable adjustment shall provide for payment to the contractor/vendor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, by the contractor/vendor relating to commitments (e. g., suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate.

d. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor/vendor shall (i) 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 ma have been accumulated by the contractor/vendor in performing this contract, whether completed or in process.

e. 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.

f. If, afterterminationforfailure of the contractor/vendorto fulfill contractual obligations, it is determined that the contractor/vendor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the local government. In such event, adjustment of the contract price shall be made as provided in paragraph (c) above.

PRELIMINARY MATTERS

Delive o Bonds: Simultaneously with the execution and delivery of the Agreement, the Contractor/Vendor shall deliver to the City the required executed Bonds. Additional copies will be furnished, upon request, at the cost of reproduction.

Be ore Startin Work: Before starting the work at the site, the Contractor/Vendor shall furnish the City with certificates of insurance and schedules as required by the City and a conference will be held to review the above schedules, to establish procedures for handling Applications for Payment and to establish a working understanding between the parties as to the Project. Present at the conference will be the City and its representative, the Contractor/Vendorand his Superintendent.

The Contractor/Vendor shall furnish a list of key personnel within fifteen (15) calendar days of starting construction. This list should include the superintendent, all personnel at the site and their assignments, name, title, telephone numbers (work and cellular) along with email addresses.

Before undertaking the Work, the Contractor/Vendor shall carefully study and compare the Contract Documents and check and verify all figures shown thereon and all field measurements. He shall at once report in writing to the City any conflict, error or discrepancy which he may discover. The Contractor/Vendor assumes full responsibility for having familiarized himself with the nature and extent of the Contract Documents, Work, locality and local conditions that may in any manner affect the Work to be done and represents that he has visited the site.

The City shall give the Contractor/Vendor a written Notice to Proceed, stating a date on which it is expected thattheContractor/Vendor will start the work. No work shall be done priorto the date on which the Work is to start.

The Contractor/Vendor Time shall commence to run on the date of the Notice to Proceed.

CORRELATION INTERPRETATION AND INTENT OF CONTRACT

DOCUMENTS

For Construction: It is the intent of the Specifications and Drawings 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 Contractor/Vendor. They may be altered only by a Modificatioti The Contract Documents cover, with explicit provisions, all matters relating to the work which the Contractor/Vendor undertakes to construct or perform in full compliance with such provisions. It is understood that the Contractor/Vendor has, by personal examination and inquiry, if necessary, satisfied himself as to all local conditions and as to the meaning, requirements and reservations of the Contract Documents. No deviation will be allowed from the City's interpretation thereof. The intent of the Contract Documents is to include all labor, materials, equipment, and transportation necessary for the proper execution of the work. The Contractor/Vendor shall make plural and complete all work which, to avoid needless repetition or for the sake of brevity, has been shown singly or partially indicated. The Contractor/Vendor shall followthe Drawings and execute all work in strict accordance therewith and with the kind and quality of materials indicated and specified. Materials or work described in words which, when so applied, have a well-known technical or trade meaning shall be held to refer to such recognized standards. Any deviation from Specifications, which may be required by the exigencies of construction, shall in all cases conform to written instructions of the City. The applicable provisions of the Contract Documents shall apply with equal force to all work, including extra work, performed under this Contract, whether performed either directly by the Contractor/Vendor or by any Subcontractor.

The Contract Documents are complementary; what is called for by one is as binding as if called for by all.

If the Contractor/Vendor finds a conflict, error or discrepancy in the Contract Documents, he shall call it to the City's attention in writing before proceeding with the Work affected thereby. In resolving such conflicts, errors and discrepancies, the documents shall be given precedence in the following order:

Agreement, Special Conditions, General Conditions, Specifications, including any Addenda, Drawings, Invitation to Bid and Contractors/Vendors Bid. Any work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials or equipment described in words which so applied have a well-known technical or trade meaning shall be deemed to refer to such recognized standards.

Insurance: Contractor/vendor shall, 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, and will provide endorsed certificates of insurance generated and executed by a licensed insurance broker, brokerage or similar licensed insurance professional evidencing such coverage, and naming the City ofZephyrhills as a named, additional insured, as well as furnishing the City of Zephyrhills with a certified copy, or copies, of said insurance policies. Certificates of insurance and certified copies of these insurance policies must accompany the signed contract. Said insurance coverages procured by the contractor/vendor as required herein shall be considered, and the contractor/vendor agrees that said insurance coverages it procures as required herein shall be considered, as primary insurance over and above any other insurance, or self-insurance, available to the City of Zephyrhills, and that any other insurance, or self-insurance available to the City of Zephyrhills shall be considered secondary to, or in excess of, the insurance coverage(s) procured by the contractor/vendor as required.

Nothing shall be construed to extend the City ofZephyrhills's liability beyond that provided in section

768. 28, Florida Statutes.

Builders' Risk Covera e: For any contracts that may apply to the following in the first sentence should a/so include statement below. If this solicitation includes: (i) construction of a new above-ground structure or structures, or (2) any addition(s), improvement(s), alteration(s), or repair(s), to an existing above-ground structure or structures, or (3) the installation of machinery or equipment into an existing structure or structures, the Contractor shall provide, in a policy acceptable to the City, "all risk" (i. e.

Special Form) property insurance on any such construction, additions, machinery or equipment. The amount of the insurance shall be no less than the estimated replacement value at the time of the City's final acceptance of such new structures, addition(s), improvements), alternation(s), repair(s), machinery or equipment. The coverage shall not be subject to any restriction with respect to occupancy or use by the City and, subjecttothirty (30) days'prior written notice to the City shall remain in full effect until final acceptance by the City. In addition, the City, the Professional, and the Contractor's subcontractors of any tier, shall be additional insureds on this policy. The insurance shall include a deductible no greater than one percent (1%) of the Contract amount, or $25,000, whichever is smaller, for which the Contractor shall be responsible. The risk of loss whether insured or not shall remain with the Contractor until final acceptance. Upon request, Contractor shall furnish to the City complete copies of the insurance policy.

Liens: The Contractor/vendor shall indemnify and save harmless the City from all claims, demands, causes of action, suits of whatever nature arising out of the services, labor, and materials furnished by the Contractor/Vendor or its Subcontractors under this Contract, and from all laborers', materialmen's and mechanics' liens upon the property which the work is located arising out of the services, labor, and materials furnished by the Contractor/Vendor or any of its Subcontractors under this Contract; and shall keep said property free and clear of all liens, claims, and encumbrances arising from the performance of this Contract by the Contractor/Vendor or its Subcontractors; the Contractor/Vendor hereby waiving all rights to claim such lien on the City's properties.

If required, the Contractor/Vendor shall furnish at the City's option either (a) a good and sufficient release or waiver of lien from itself, every subcontractor, materialman, laborer, and other person furnishing services, labor, or materials in connection with the work or (b) receipts in full, together with an affidavit that the receipts cover all the services, labor, and materials furnished by the Contractor/Vendor or its Subcontractors for which a lien might be filed except as covered by the releases and waivers of liens; but if any Subcontractor, laborer, materialman, or other person refuses to furnish a waiver or release a receipt in full, the Contractor/Vendor may furnish a Bond satisfactory to the City to indemnify the City against any claim or lien or otherwise, (c) Surety Bond may be furnished by the Contractor/Vendor or his Surety as a guarantee that he will execute the work in accordance with the terms of the Contract, and that he shall make all payments for all labor, materials and supplies directly or indirectly for the work. If Surety Bond is required by the City, Contract price will be increased by an amount equal to the cost of securing said Bond.

De initions: The following terms are respectively defined as follows:

Contractor Vendor: A person, firm or corporation with whom the contract is made by the Owner/City.

Subcontractor: A person, firm or corporation supplying labor and materials or only labor for at the site of the project for, and under separate contract or agreement with the Contractor/Vendor.

Work on at the Pro'ect: Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any subcontractor.

Owner: Can represent the City ofZephyrhills and/or property/business owners.

CONTRACTOR'S or VENDOR'S RESPONSIBILITIES

Su ervisionandSu erintendence: The Contractor/Vendor shall supervise and direct the Work efficiently and with his best skill and attention. He shall besolely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor/Vendor shall be responsible to see that the finished Work complies accurately with the Contract Documents. The Contractor/Vendor shall accept full responsibility for the work until final acceptance. He shall protect the work against all loss or damage sustained during the progress of the work and promptly repair any damage done from any cause whatsoever. After acceptance of the work, Contractor's or Vendor's responsibility shall extend to defective or faulty work as later defined in these specifications.

The Contractor Vendor shall kee on the Work site at all times durin its ro ress a corn etent resident su erintendent who shall not be re laced without written consent of the Cit under extraordinar circumstances. The Superintendent will be the Contractor's or Vendor's representative at the Site and shall have the authority to act on behalf of the Contractor/Vendor. He shall be present at the pre-construction conference. All communications given to the Superintendent shall be as binding as if given to the Contractor/Vendor.

Labor Materials E ui ment and Manu actured Articles: The Contractor/Vendor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. He shall at all times maintain good discipline and order at the site.

The Contractor/Vendor shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities, and all other facilities and incidentals necessary for the execution, testing, and initial operation and completion of the Work. Any work necessary to be performed after regular working hours, on Sunday or legal holiday, shall be performed without additional expense to the City.

All materials and equipment shall be new, except as otherwise provided in the Contract Documents. If required by the City, the Contractor/Vendor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All material and workmanship shall in every respect, be in accordance with what, in the opinion of the City, is in conformity with approved modern practice.

Contractor's or Vendor's Title to Materials: No materials or supplies for the work shall be purchased by the Contractor/Vendor or by any Subcontractor subject to any chattel mortgage or under a conditional sate contractor/vendor or other agreement by which an interest is retained by the seller. The Contractor/Vendor warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances.

Re uest or In ormation RFI: Immediately on discovery of the need for additional information the Contractor/Vendor shall submit a RFI to the Owner's representative, Project Manager.

Use o Premises: The Contractor/Vendor shall confine his equipment, the storage of materials and equipment and the operations of his workmen to areas permitted by law, ordinances, or permits and shall not unreasonably encumberthe premises with materials or equipment. Materials stored without proper permits shall be promptly relocated upon request by the City at the Contractor's or Vendor's expense.

Record Drawin s: The Contractor/Vendor shall keep one record copy of all Specifications, As-built Drawings, Addenda, Modifications and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. These shall be available to the RPR and the Engineer.

As-builts shall be delivered to them for the City and Engineer upon completion of the Project. Release of retainage shall be contingent upon delivery of red-lined "as-builts".

Supptementar/ Drawings: When, in the opinion of the City, it becomes necessary to explain more fully the work to be done, or to illustrate the work further, or to show any changes which may be required, drawings, known as supplementary drawings, with specifications pertaining thereto, will be prepared &;

the Engineer.

The additional drawings and instructions supplied to the Contractor/Vendor will coordinate with the Contract Documents and will be prepared that they can be reasonably interpreted. The Contractor/Vendor shall carry out the work in accordance with the additional detail drawings and instructions. The Contractor/Vendor and the Architect/Engineerwill prepare jointly: (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 said 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 to be subject to change from time to time in accordance with the progress of the work The supplementary drawings shall be binding upon the Contractor/Vendor with the same force as the drawings. Where such supplementary drawings require either lessor more than the estimated quantities of work, credit to the City or compensations therefore to the Contractor/Vendor shall be subject to the terms of the agreement.

Sho orSettin Drawin s: TheContractor/Vendorshall submit promptlytotheArchitect/Engineerfour

(4) copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof, the Contractor/Vendor shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with four (4) corrected copies. If requested by the Architect/Engineer the Contractor/Vendor must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the Contractor/Vendor will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer in writing of any deviations at the time he furnishes such drawings.

Architect En ineer's Authorit : The Architect/Engineer shall give all orders and direction contemplated under the contract and specifications, relative…