ITB-25-17 Gravity Main Lining.pdf

February 25, 2025

INVITATION TO BID

ITB-25-17

Sealed Bids will be received by the City of Winter Haven until 2:00 P.M., APRIL 1, 2025, at our online solicitation platform for the following:

“Annual Contract - Gravity Main Lining”

A public bid opening will be held immediately following the 2:00 deadline via Zoom at the following link:

https://mywinterhaven.zoom.us/j/81254602231?pwd=1xD7RSIW3HehmzJVMTYmpWTbNRb0By.1

The project specified shall be furnished in accordance with the Invitation To Bid, Specifications, and Terms and Conditions attached hereto and made a part hereof as if fully set forth herein and any other documents prepared for this bid.

Questions concerning this bid must be submitted on or before 2:00 p.m., March 21, to Steve Rheiner at srheiner@mywinterhaven.com . Questions received after this time may not be answered.

Public Records – It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency / Fla. Statute – 119.01(1). (Do not submit any documents that you do not want to be made public).

NOTE: Bidders should submit bids on the Proposal and Bid form in Excel format furnished by the City. Please upload all other documents as one file for ease of access and to ensure receipt by the City. Please note the Affidavit forms which must also be completed. W-9 should be attached to the bid. Payment will be rendered to the name and ID appearing on the W-9.

The City of Winter Haven reserves the right to reject any and all bids, to waive informalities, to re-advertise, and to enter into a contract determined to be in its best interest, in accordance with the Terms and Conditions referenced herein above.

Sincerely, Bethany Owen Bethany Owen Procurement Manager https://mywinterhaven.zoom.us/j/81254602231?pwd=1xD7RSIW3HehmzJVMTYmpWTbNRb0By.1 mailto:srheiner@mywinterhaven.com

LEGAL ADVERTISEMENT

ITB-25-17

The City of Winter Haven will receive Sealed Bids until 2:00 P.M., APRIL 1, 2025.

“Annual Contract - Gravity Main Lining”

A public bid opening will be held immediately following the 2:00 deadline via Zoom.

Prospective bidders may obtain copies of the Invitation To Bid from the following website:

https://app.negometrix.com/buyer/690

Advertise: Weds, February 26 https://app.negometrix.com/buyer/690

PROPOSAL AND BID FORM

ITB-25-17

Proposal to furnish all labor, materials, equipment, plant and supervision necessary for the “Gravity Main Lining”, in accordance with the Invitation to Bid, Scope of Work, Terms and Conditions, and any other documents prepared for this project.

ARTICLE 1

The Invitation to Bid, Terms and Conditions, and any other Contract documents prepared for this bid, and any addenda issued during the bidding period, are a part of this Proposal and Bid Form.

The Bidder received the following addenda during the bidding period:

Addendum Number _____ Date ______________ Addendum Number _____ Date ______________ Addendum Number _____ Date ______________ Addendum Number _____ Date ______________

The Bidder agrees to complete this project in accordance with the Contract Documents.

ARTICLE 2

The Bidder declares that he makes this proposal in good faith without collusion and without connection with any other person or persons bidding on this project.

Contractor must start within 20 days after receipt of Notice to proceed and project must be completed within 120 calendar days after receipt of Notice to Proceed.

The Bidder declares he has examined the bid documents, visited the site of this project, and fully acquainted himself with all conditions which may affect completion of this project.

ARTICLE 3

The Bidder includes with the Proposal and Bid Form a letter from their bonding company agent stating their current single job limit and aggregate limit as outlined in “Performance of Contract - #4”.

ARTICLE 4

The contractor agrees to pay liquidated damages of $ 500 /calendar day for every day past the 120 calendar days completion time that the project remains uncompleted. No additional time will be allotted for work stoppages not caused by a natural disaster or approved by the City of Winter Haven.

ARTICLE 5

The bidder, along with the Proposal and Bid Form, will provide a list of at least five (5) projects in similar scope and size, as specified in this Invitation to Bid. Form on PBF-2 must be completed and returned.

PBF-1

References: Each Bidder shall submit a list of at least five (5) references in the past five (5) years, including phone numbers of the actual users at the utility departments and NOT Purchasing Agents.

References:

Utility Department Users

Job Date Location/City/State Phone Number

1.

2.

3.

4.

5.

Safety Related Incidents: The Bidder shall also provide a detailed listing of all safety related incidents and sewer spills for the past five (5) years.

Safety Related Incidents: Date of Incidents Additional Comments:

1.

2.

3.

4.

5.

PBF-2

Terminations/Debarments: Bidder shall provide a list of Terminations/Debarments within the last five (5) years.

PBF- 3

The Bidder, proposes and agrees to furnish all plans, permits, labor, material, services, supplies and equipment, and perform the Work required for construction for each item listed on PBF-5.

A City of Winter Haven Procurement Card will be accepted as method of payment. ____ YES ____ NO

NOTE: if Bidder checks “yes” above, Bidder agrees that the City may use a City issued Mastercard for the payment of any and all invoices submitted as a result of the performance of this bid.

By signing and submitting this bid, the undersigned bidder hereby certifies that the company is not on the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or that it does not have business operations in Cuba or Syria (for bid amounts of $1,000,000 or more). Any contract with the City of Winter Haven for goods and/or services of any amount, entered into on or after July 1, 2018, may be terminated at the sole option of the City of Winter Haven, at no cost to the City, if the company is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, or if the company is found to have submitted a false certification as provided under subsection (5) of F.S.287-135.

Date Name of Company

Authorized Signature Mailing Address

Title/Position City State Zip

Printed Name Email address

Federal Employer I.D. # (FEID) Telephone Number

State Registration # State Certification #

PBF-4

Proposal and Bid Form

Bidder Name:_______________________________________

Item Description Est Quant Units Unit Cost Item Total

A Furnish and Install Cured In Place Liner in 8 inch VC LF $0.00

B Furnish and Install Cured In Place Liner in 10 inch VC LF $0.00

C Furnish and Install Cured In Place Liner in 12 inch VC LF $0.00

D Mechanical Tuberculation/Concrete Removal 8 - 10 inch LF $0.00

E Point Repair with resin liner 8 inch gravity main 4 Each $0.00

F Point Repair with resin liner 10 inch gravity main Each $0.00

G Hammertaps Each $0.00

H CCTV Inspection and Light Cleaning 8" - 12" Diameter LF $0.00

I Reinstatement of Service Laterals 160 Each $0.00

J Mobilization 1 Each $0.00

K By-Passing 1 LS $0.00

L Maintenance of Traffic 1 LS $0.00

M

N

O

P

Q

R

S

T

U

V Grand Total Items A-O: $0.00

W

PBF-5

10,000

10,000

1,200

1,200

SUBMIT O

N EXCEL F

ORM

Annual Contract – Gravity Main Lining

Prepared for

Issued by:

Office of Procurement Florida Citrus Building 500 Third Street, NW

Winter Haven, Florida 33881

(863) 298-5556

Website: www.mywinterhaven.com

February 2025 http://www.mywinterhaven.com/

Annual Contract – Gravity Main Lining

TABLE OF CONTENTS

Legal Advertisement

Invitation to Bid

Project Description

Requirements and Conditions

Administrative Requirements

Billing

Warranty

Construction Progress Schedules

Performance of Contract

Codes and Regulations

Project Execution

Basis for Payment

Bid Item Descriptions

Winter Haven Utility Service Area

Terms and Conditions – General Provision Clauses and Forms:

Project Description

The scope of this solicitation includes, but is not limited to, providing Cured in Place Pipe (CIPP) services for rehabilitation of sewer pipe in Winter Haven, Florida. The work specified provides for the reconstruction of pipelines and conduits by the installation of a resin-impregnated flexible tube that is tightly formed to the original conduit. The resin is cured using either hot water under hydrostatic pressure or steam pressure within the tube.

The work should be constructed in accordance with ASTM F1216-09 and/or ASTM F1216 “Standard Practice For Rehabilitation Of Existing Pipelines And Conduits By The Inversion And Curing Of A Resin-Impregnated Tube”.

REQUIREMENTS – SANITARY SEWER LINE REHABILITATION

a. The Contractor shall provide trenchless reconstruction of a sewer mains. The Contractor shall have the capability of performing City services which include televised inspection, data collection and pipeline reconstruction and service lateral(s) reconnection to 95% within 8 hours of installation.

b. The City shall provide sufficient water to complete flushing and CIPP installation.

c. The Contractor shall employ adequate staff to perform the services required. Staff should include: Project Representative, Project Manager, Field Supervisor and Senior Foreman. Staff shall be proficient and experienced in all phases of services mentioned. Project Manager should have been with the company for five (5) years and available at all times during the project.

d. The awarded Contractor shall perform all work and shall be a Florida licensed Contractor for these services. All liners must be engineered to depth of the line and a minimum of 6 mil. No Subcontractors shall be employed for the CIPP lining installation. Flagmen and proper M.O.T. will be needed in high traffic areas.

e. A Maintenance of Traffic Plan shall be provided to City of Winter Haven Engineering and Winter Haven Water Project Manager prior to mobilization for approval. No work will be conducted by the contractor until a M.O.T. plan is approved.

f. The Contractor shall be certified in confined space entry (OSHA) and traffic control.

g. The Contractor shall provide services that include safety measures for both the public and workers and shall coordinate all scheduling with the City.

h. The Contractor shall be completely responsible for the control of the environment of the work site during on-site operations. All precautions shall be taken by the selected contractor to protect the workers, public and City staff from the exposure to harmful or hazardous substances within the sewer system

h. The Contractor shall be responsible for the disposal of all waste materials and shall transport waste materials to the nearest City Wastewater Treatment Plant for processing. The selected contractor shall be responsible for all waste material spills and clean-up in the loading, hauling and unloading of the contractor’s equipment and during the performance of the work.

i. The Contractor shall be responsible for conforming to any and all requirements regarding hauling and disposal of sewer waste from the work site in accordance with OSHA regulations and those that may be mandated by the Federal or State Governments.

j. The Contractor shall ensure that all waste material transporters possess all required local, state, and federal transportation permits and that they comply with all local, state and federal regulations, including but not limited to: 40 CFR Part 263, “Standards Applicable to Transporters of Hazardous Waste” and Chapter 17-730, Part 3, Florida Administrative Code, as may be amended from time to time.

k. The Contractor shall inform the City of their planned work schedules and shall plan for City inspections based on City inspector typical work day. Should inspections be needed outside of typical work schedule, prior approval from Project Manager is required. The City will be advised of all schedule changes and notified when a work site is left for a 24 hour period when work is not complete. All equipment such as bypass hoses, bypass pumps, water hose, hydrant hose, tools, trash and vehicles, that are not in use, shall be removed from the work site each day.

l. The Contractor shall ensure that work is conducted during daylight hours, Monday through Friday. F.D.O.T. roadways and Commercial areas may require night work Sunday thru Thursday.

m. Bidder must demonstrate expertise in this sanitary sewer line rehabilitation by providing a list of five (5) utility references in Florida of similar scope and size that have been performed in the last five (5) years. References should include current contact name and phone number to verify the contractor’s capability.

n. Bidder must have at least five (5) years’ experience in the installation of cured in place pipe and installed over 750,000 LF of approved 6 mil felt liner.

o. List any contract or subcontract held by the firm on the attached PBF-2 & 3, which has been terminated within the last five (5) years. Identify any claims arising from a contract, which resulted in litigation or arbitration within the last ten (10) years.

Briefly describe the circumstances and the outcomes.

p. Contractor shall be headquartered with staff within 70 miles of the Winter Haven Water office 401 6th Street S.W., Winter Haven, Fl. 33880 to be able to respond to emergency calls for service.

SECTION 1 - ADMINISTRATIVE REQUIREMENTS

1.01 SECTION INCLUDES

A. Project Management and Coordination.

B. Construction Progress Documentation.

C. Submittal Procedures.

1.02 PROJECT MANAGEMENT AND COORDINATION

A. Project Coordination.

1. Coordinate scheduling, submittals, and Work of the various sections of

Specifications to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later.

2. Verify that cure in place pipe lining requirements and characteristics of operating equipment are compatible with project goals/tasks.

Coordinate work of various sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment.

3. Coordinate completion and cleanup of work of separate Sections in preparation for Substantial Completion and for portions of Work designated for Owner’s partial occupancy and use.

B. Preconstruction Conference.

1. The City will schedule a pre-construction conference within twenty (20) working days prior to beginning the work.

2. Attendance Required: Owner, Owner’s consultants and Contractor.

3. Agenda:

a. Distribution of Contract Documents.

b. Submission of list of Subcontractors, list of products, Schedule of Values, and progress schedule.

c. Designation of personnel representing the parties in Contract, and the Owner and Owner consultants.

d. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders and Contract closeout procedures.

e. Scheduling.

f. Determination of an agreed construction start date.

C. Site Mobilization Conference.

1. Contractor will schedule a conference at the Project site(s) prior to beginning the work.

2. Attendance Required: Owner, Owner’s Consultants, Owner’s

Inspector, Contractor, jurisdictional Right-of-way owner (City, County, FDOT).

3. Agenda:

a. Use of premises by Owner and Contractor.

b. Owner's requirements and partial occupancy.

c. Security and housekeeping procedures.

d. Schedules.

e. Inspection and acceptance of the work.

Billing

Upon invoice billing the contractor shall provide a 1 inch binder including truck reports and corresponding video submitted in a hard drive or flash drive format that will become property of the owner. Only completed line segments can be submitted for payment.

This can include signed change orders.

Warranty

The bidder shall provide a one (1) year warranty on materials and workmanship in the bid documentation.

Contract Award

The award of this bid shall be based on low bid meeting specifications and other criteria as specifically called out in this document. As the best interest of the City may require, the right is reserved to make award(s) by individual item, group of items or as indicated in the bid form; to reject all bids or waive any minor irregularities or technicalities in bids received. In determining the lowest responsive and responsible bidder, in addition to price, the following may be considered:

• Bidder shall have a valid State of Florida General or Underground Contractor’s license number.

• In evaluating and making any award of a bid to the lowest most responsive bidder, the City may take into consideration a bidder’s previous work performance with the City based on information in completed City Contractor Evaluation Forms for a previous project and/or any negative feedback from references provided. Information on such completed City Contractor Evaluation Forms and/or negative references may be the basis for a decision by the City to either reject a bid or not award a bid as determined by the City in its best interests.

1.03 CONSTRUCTION PROGRESS SCHEDULES

A. The Contractor shall submit to the City for review and approval, a Construction Schedule at least fourteen (14) working days before the start of project. The Contractor shall complete individual parts of the project in the order of the approved construction schedule. At the discretion of the City the schedule shall have sufficient detail to reflect all the activities from the Notice to Proceed to Final Completion of the project. Receipt of approved construction schedule does not authorize Contractor to begin work on the project.

B. CRITICAL PATH METHOD (CPM) SCHEDULE - A schematic display of the sequential and logical relationship of all activities that comprise the Work.

Using combination of duration, early and late start dates, and early and late finish dates, a critical path is established as the path of interdependent activities that must be sequentially performed and that require a longer total time to perform than any other such series. CPM Schedules suitable for use on this Contract use P6 Primavera, XER, or Excel formats.

1.04 SUBMITTAL PROCEDURES

Materials defined in the Technical Specifications below, the contractor shall submit for review and approval prior to ordering material, as detailed.

A. Procedures.

1. Deliver submittals to the City’s Project Manager: at 401 6th Street S.W., Winter Haven, FL 33880. Electronic submittals are preferred.

2. Transmit each item with a transmittal form identifying City project number/ City project name, Contractor, subcontractor, major supplier;

identify pertinent drawing sheet and detail number, and Specification section number, as appropriate. Submittals shall only be accepted from the Contractor.

3. Determine and verify:

a. Field measurements.

b. Field construction criteria.

c. Catalog numbers and similar data.

d. Conformance with specifications.

4. Do not order Material or begin Work which requires submittals approval until return of submittals with Owner review comments.

SECTION 2 - PERFORMANCE OF CONTRACT

1. PERFORMANCE OF WORK: The work required under this bid shall be performed by the entity submitting the bid.

2. The period of performance for this bid is from date of award through for a term of one (1) year with two (2) consecutive one-year renewals, unless otherwise terminated in accordance with Terms and Conditions

– General Provision. If the City provides notice to the Vendor at least 30 days prior to the Termination Date that it has not put in place a new bid for the services, then this Bid shall remain in effect on a month-to-month basis until terminated by written notice from the City Procurement Division to the Vendor, but not longer than four (4) months following the termination date.

3. All prices bid shall remain unchanged during the period of performance, as specified herein, and as may be adjusted in accordance with Terms and Conditions – General Provision.

4. Public Construction Bonding: Contractors shall submit a letter from their bonding company agent stating their current single job limit and aggregate limit.

On the Proposal and Bid Form, the contractor must list a price for the cost of a $100,000.00 public construction bond. This price is listed for the purpose of award. Public construction bonds will be required for each purchase order issued under this contract, for the amount of the purchase order, as determined by procedures outlined herein.

For work proposals that are $99,999.00 or less, a public construction bond will not be required. Work orders of $100,000.00 and over will automatically require a public construction bond in the full amount of the proposal.

The public construction bond cost should be included in the work order proposal and will be reimbursed at cost on the first application for payment. A copy of the bond premium invoice should be attached to the first application for payment. The contractor shall receive a purchase order from the Procurement Division; then the contractor shall furnish the Procurement Division with the public construction bond for the exact amount of the purchase order.

The bonds shall be executed by a corporate surety authorized to do business in the State of Florida. Bonds signed by an agent must be accompanied by a certified copy of authority to act which indicates that they are licensed to do business in the State of Florida. The surety company must have twice the minimum surplus and the company is required to have an AM Best rating of A- or better with a financial size of VII or greater.

5. Issuance of Work Orders

Contract Administration This annual contract for services will be administered via individual work orders/purchase orders based on the unit prices submitted by the contractor and initiated by the request from Winter Haven Water Department of sequential work order proposals.

Work Orders

When the City is satisfied with the work order proposal from the contractor, they will request a purchase order for the project. The work order proposals after approval will become the work orders for each specified work. Subsequent to the issuance of a purchase order, Winter Haven Water Department will confirm the work order to the contractor.

6. Work Order Proposal

Depending on the complexity of the work, the City will either provide the contractor with a written scope of work or will request a work order proposal from the contractor prior to the beginning of each work order. Upon notification, the contractor shall acknowledge the request and be available for a meeting and/or site visit within three (3) working days. The contractor shall provide a work order proposal, based on unit prices submitted in the contractor’s bid, within five (5) days after the meeting and/or site visit. As part of the price proposal, the contractor shall also provide a construction schedule for completion of the work. Upon confirmation of the work order, the contractor will commence the work and proceed in accordance with the work order schedule.

The amount specified on an individual work order proposal constitutes the total compensation payable to the contractor performing the specified work. All duties, responsibilities and obligations assigned to or undertaken by the contractor shall be at his expense without change in the work order price. The work order price may only be changed by written revision to the work order authorized by the Winter Haven Water Department. After a purchase order has been issued to the contractor, it may be revised only for increases or decreases in work (or changes in scope) beyond that shown in the original work order scope as determined by the City. If, in the Winter Haven Water Department’s opinion, increases or decreases in work or changes to scope and/or time are required, the contractor must provide a proposal for the same. The Winter Haven Water Department will review the contractor’s proposal and, if approved, will request a new purchase order to cover said changes or request an amendment to the current purchase order.

If the contractor desires to make a claim for a change in the price or time of an authorized work order, then any such claim shall be in writing and delivered to the Winter Haven Water Department within fifteen (15) days of the occurrence of the event which is causing the claim. All claims for adjustment in the work order price or time shall be approved by the Winter Haven Water Department.

Adjustments shall be reflected by an amended work order/ purchase order.

7. Out of Scope Services

When preparing a Work Order Proposal, if it is known or reasonably anticipated at the time that there are necessary items of construction that are not included on the price sheets of the bid or, during the course of executing a Work Order, the Contractor determines there are necessary items of construction that are not included on the price sheets of the bid, then the Contractor should submit an “out of scope” proposal to the costs, expenses and time;

the Winter Haven Water Department shall not be obligated in any event for payment over the amounts identified in the proposal. The “out of scope” services shall not be greater than twenty percent (20%) of the “in scope” services.

If the Winter Haven Water Department does not agree with the proposal, the Contractor will be required to resubmit the proposal with the requested changes and potential cost reduction. The Winter Haven Water Department will review the revised proposal and if accepted a work order will be issued and a notice to proceed given to the Contractor. If the revised proposal is not accepted by the Winter Haven Water Department, then they may contact the second low Contractor, if any, for a proposal or pursue other sources, whichever is in the best interest of the City.

8. Work Coordination

The contractor is responsible for coordination, protection, relocation and restoration of existing utilities, irrigation systems, plants, shrubs, lighting, signs, fences, mailboxes, power poles and other existing improvements within the working area. The contractor is responsible for scheduling required construction inspections with the City 48-hr prior to work being performed. To apply for the installation of a temporary water meter, the contractor is to contact:

Customer Service located at 551 3rd St NW, Winter Haven, FL 33881; telephone (863) 291-5678.

Meter fee and water usage billing shall be the responsibility of the Contractor.

9. Application for Payment

Should the duration of the project be less than one (1) month, the contractor should submit one application for payment when the work is completed. For projects with a duration of more than one

(1) month, payment applications should then be submitted at the end of each month until the project is completed. The request for payment should only contain line items from the awarded bid which have been completed; and any previously approved "out-of-scope" services.

The basis for payment for directional bore installation shall be per the actual footage of field verified quantities by the City Inspector.

10. Notification

The contractor shall notify the City’s inspector at least 120 hours prior to performing any work on an active system. The contractor shall place “notification of work” door hangers 24 hours before start of lining of the sewer system for each line segment affected.

11. Emergency Repairs to Damaged Winter Haven Utilities

A. Known or Field Located Utilities

During the execution of the work, in the event that the contractor or his subcontractor breaks any known or field located pressure or gravity main causing the disruption of service and/or an eminent hazard, it shall be the responsibility of the contractor/subcontractor to immediately notify the Winter Haven Water Department at the designated emergency telephone number and immediately undertake measures to repair the damaged utility. To that effect the contractor/ subcontractor shall ascertain prior to initiating the work that he has on hand the necessary repairing parts, tools, equipment and labor to carry out the repair work without any delays. Repair work shall be witnessed by Winter Haven Water Department personnel.

If the contractor/subcontractor estimates or determines that they cannot restore service within a less than a two (2) hour period, the contractor shall immediately contact the Winter Haven Water Departments Operation’s Manager to initiate the repair. T h e Winter Haven Water Department will undertake the repair work and will back charge the contractor. The Winter Haven Water Department will submit an itemized bill within thirty (30) calendar days from the occurrence of the event.

B. Unknown or Inaccurately Located Utilities

If the utility was not field located or if it was inaccurately located in accordance with the prescribed procedures under the Sunshine State One-Call guidelines and the contractor/subcontractor caused a line break during the execution of the work, the same notification procedure as above must be followed. The Winter Haven Water Department will undertake the repair work at no cost to the contractor.

12. Acceptance of the Work

Within ten (10) calendar days of completion of the work, a post-construction meeting will be scheduled. Attendees will include Winter Haven Water Department representatives and the contractor. At such time, an inspection walk-through will be accomplished for verification of completeness and quality of the work. Any workmanship or products found to be defective shall be replaced by the contractor in an expedient and reasonable time frame, but not to exceed thirty (30) calendar days.

SECTION 3.0 – CODES AND REGULATIONS

3.1 All materials and equipment shall be in accordance with any and all applicable federal, state and local codes, laws and ordinances in effect at the job site. All of the above- referenced codes, laws and ordinances shall take precedence over these specifications in case of any conflict. All such conflicts shall be referred to the City of Winter Haven Water Department for adjudication.

3.2 The following industry, association and government codes and standards shall be followed as applicable to the design, fabrication, assembly, installation and test of all materials and equipment furnished under this specification.

AASHTO American Association of State Highway & Transportation Officials AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute ASME American Society of Mechanical Engineers ASSE American Society of Sanitary Engineers ASTM American Society of Testing and Materials AWS American Welding Society AWWA American Water Works Association City City of Winter Haven, Florida

County Imperial Polk County CSX CSX Railroad FDEP Federal Department of Environmental Protection FDOT Florida Department of Transportation FM Factory Mutual IEEE Institute of Electrical and Electronics Engineers NACE National Association of Corrosion Engineers NEMA National Electrical Manufacturers Association OSHA Occupational Safety and Health Administration SBCC Southern Building Code Congress SSPC Structural Steel Painting Council UL Underwriters Laboratories

3.3 The issue or revisions of these documents in effect on the date of the Purchase Order shall apply.

SECTION 4.0 – PROJECT EXECUTION

4.1 BYPASS PUMPING

The Company shall provide all necessary labor, materials and equipment to maintain the uninterrupted sewer service of laterals, mains, trunks, force mains and pump stations at all times. The manner in which this is accomplished shall be left to the discretion of the Company, subject to the requirements of the Contract and the prior approval of the City of Winter Haven. The City of Winter Haven’s approval in no way relieves the Company of any liabilities resulting from the bypass method chosen.

The Company shall not allow any sewage, at any time, to be pumped into any drainage structure or to spill, puddle, or run upon any street, construction trench, public or private property.

The responsibility for coordinating the need, length of time, method, and suction and discharge locations for bypass pumping shall be the responsibility of the Company subject to approval by the City of Winter Haven.

4.2 Traffic Control: Traffic control is the responsibility of the contractor in accordance with Chapter 314, 6.03 A, General Requirements of the Technical Specifications and Standards. Payment for this item shall be based on the lump sum bid price on an as- needed basis for each project for a typical one (1)-lane closure. DOT Series 600, index sheet 606.

TEMPORARY CLOSURE OF ROADWAYS

The Company shall not close or obstruct any portion of a street, road, or private way without first obtaining permits.

If any street or private way is rendered unsafe by the Company's operations, the Company shall make such repairs or provide such temporary ways and guards necessary for the protection and safety of persons on the Work and the public and for the orderly maintenance of traffic.

The Company shall notify the police and fire departments in writing if it will be necessary to close a street. The Company shall copy the City of Winter Haven on all correspondence relating to street closure. The Company shall notify the police and fire departments prior to closure of the street. The Company shall be responsible for maintaining proper coordination with the proper authorities.

4.3 Environmental Protection: Contractor shall be responsible for the protection of nearby bodies of water from impacts caused by erosion or siltation. Protective measures shall include the installation of silt barriers and/or hay bales. Payment for this item shall be based on the bid unit price.

4.4 Site Restoration: Contractor shall be responsible for the preliminary site restoration, clean up and grading. Final site restoration (sod, seed, mulch, concrete/asphalt repair) will be performed by others.

4.5 Required Right-of-Way (ROW) Permits: The Contractor will provide the following permits for all jobs, unless otherwise specified by the City: City of Winter Haven, FDEP, SWFWMD, Railroad, FDOT, County ROW and Polk County Health Department Permits. The work shall not start until the Contractor provides the City of Winter Haven with the necessary permits from the appropriate governing regulatory agencies.

4.6 The contractor shall provide all structures, safety equipment and professional service required to provide for the health and safety of the general public and of personnel involved in the work in accordance with the requirements of federal, state and local authorities.

4.7 The contractor shall take all measures necessary to protect surrounding public and private property, adjacent buildings, roads, drives, sidewalks, drains, sewers, utilities, trees, structures, poles and appurtenances from damage due to the Contractors work. Responsibility and payment for correction of such damage shall be the sole responsibility of the contractor.

4.8 The equipment used in cured in place pipe operations shall be of the appropriate commercial size for making a satisfactory installation meeting the criteria set forth herein.

4.9 All areas, where loss of ground has occurred due to the lining operation, shall be back- filled by the contractor to the specifications outlined by the pertinent governing agency. This action will be at no cost to the City.

SECTION 5.0 - BASIS FOR PAYMENT

5.1 Payment for the installation of service pipe and for casing pipe shall be based on the actual footage of the installed cure in place pipe.

5.2 Mobilization is the preparatory work and operations necessary to begin work on the project including, but not limited to, those operations necessary for the movement of personnel, equipment, supplies and incidentals to the project site; and for the establishment of temporary office building, safety equipment, first aid supplies, sanitary and other facilities as required by the project. It also includes the costs of any required insurance and any other pre-construction expenses necessary for the start of the work, excluding the cost of construction materials.

BID ITEM DESCRIPTIONS

Estimated quantities are only for bidding purposes and in no way are guaranteed as an annual contract.

Mobilization Expenses

• Costs shall include but not limited to mobilization and demobilization of equipment to site, Administrative/Management costs, and insurance, as outlined in 5.2 above.

• Construction bond cost shall not be included in mobilizations costs.

• Mobilization costs shall not exceed 10% of the construction costs.

Public Construction Bond Costs

• Provide a construction bond cost for an estimated project cost of $100,000 for reference only.

• Cost shall be actual cost of bond with no markup.

• Supply a copy of bond commitment with bid submission.

WINTER HAVEN UTILITY SERVICE AREA

CITY OF WINTER HAVEN - TERMS AND CONDITIONS - GENERAL PROVISION CLAUSES

(11/25/2024 constr)

1) GENERAL CONDITIONS:

a) Bidders are required to submit their proposals subject to and upon the following express conditions:

b) Bidders shall thoroughly examine the specifications, instructions, all other Contract Documents, visit the site of this project (if applicable) and fully acquaint itself, at its own risk, with all conditions which may affect completion of this project and/or delivery of bid items. Prospective Bidders, subcontractors and suppliers are encouraged to attend a pre-bid conference and site visit if announced in the advertisement for bid and/or included in specifications. Work areas to be examined during the site visit may contain hazardous materials or conditions. Attendees should review the information and safety precautions set forth in the Bid Documents to determine for themselves appropriate protective clothing or equipment.

Attendees further agree to indemnify and hold the City of Winter Haven harmless from any and all claims of personal injury arising from their participation in the site visit.

c) These Terms and Conditions and any contract documents related hereto are subject and subordinate to any existing or future state, federal, or local law, regulation, or written policy, which may be applicable hereto, including any applicable building codes.

d) PUBLIC RECORDS

City and Contractor agree that Contractor shall comply with Florida’s public records laws to specifically include the following:

Public Records. Contractor agrees to:

i) Keep and maintain public records required by the public agency to perform the service.

ii) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copies within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

iii) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency.

iv) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.

e) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTACT THE CITY’S CUSTODIAN OF PUBLIC RECORDS AT

863-291-5600, records@mywinterhaven.com; 451 THIRD ST NW, WINTER HAVEN, FLORIDA 33881.

If the Contractor does not comply with a public records request, City shall enforce the contract provisions which may include immediate termination of contract.

mailto:records@mywinterhaven.com

f) It shall be understood and agreed that by the submission of a proposal, the Bidder, if awarded a contract, shall save harmless and fully indemnify the City and any of its officers, or agents from any and all damages that may, at any time, be imposed or claimed for infringement of any patent right, trademark, or copyright of any person or persons, association, or corporation, as the result of the use of such articles by the City, or any of its officers, agents, or employees, and of which articles the Contractor is not the patentee, assignee, licensee, or lawfully entitled to sell same.

g) It is the intent of the City of Winter Haven that this Invitation to Bid promotes competitive bidding. It shall be the bidder's responsibility to advise Procurement at the address noted in the solicitation, if any language, requirements, etc. inadvertently limits the requirements stated in this Invitation to Bid to a single source. Such notification must be received in writing by Procurement not later than ten (l0) days prior to the bid opening date.

h) Bidders must possess any applicable business, contractor, or occupational licenses at the time of submission of the Bid. The City may request proof of such licensure. Bidders shall also obtain all permits required for this project.

i) The City shall be entitled to rely on the written representations of the Bidder. No claims shall be paid by the City unless in writing and approved by the City. Additionally, sovereign immunity is not waived as to any verbal representations or comments made by the City.

j) Unless detailed elsewhere in the bid documents, proof of insurance naming the City as an additional insured shall be required of the successful bidder (on any project requiring work, labor, and/or installation on City property) with the following minimum coverage: workers compensation, general liability, and automobile insurance in an amount and form acceptable to the City, with limits of no less than one-million dollars.

2) DEFINITIONS

Whenever used in any of the Contract Documents, the following meanings shall be given to the terms herein defined:

a) ACCEPTANCE: The Seller shall be bound by the Purchase Order and its terms and conditions when it delivers the goods ordered or renders the services ordered by the City.

b) APPLICABLE LAW: Any contract entered into pursuant to this bid shall be construed in accordance with the laws of the State of Florida. Venue for any action or proceeding concerning this contract shall be in the State Courts of Polk County, Florida.

c) CHANGES: The City, without invalidating the Contract, may order changes, including additions, deletions, or modifications. The Parties recognize that said changes may affect price and time for performance, in which event appropriate adjustments will be considered. All such changes in the work shall be authorized in writing, signed by the City Manager or his designee, or the Procurement Manager in a manner consistent with contract documents. The price and the time for performance may be changed only by Change Order Request. By written instructions to the Contractor, the City may make minor changes in the work which are consistent with the purpose of the work and which do not change the contract price or time for completion. Procurement is to be notified of any proposed changes in: (a) materials used, (b) manufacturing process, or (c) construction. However, changes shall not be binding upon the City unless evidenced by a Change Order Request issued and signed by the Procurement Manager.

d) CITY: The City of Winter Haven, Florida or its authorized representative.

e) CONTRACT: The Contract executed by the City and the Contractor, and shall include all Contract and Bid Documents.

f) CONTRACTOR: The successful bidder who enters into a Contract with the City to complete the project.

g) DEFAULT: Default in promised delivery of supplies, completion of project, or failure to meet specifications authorizes the City to terminate the Contractor's right to proceed with the order/work by giving the Contractor written notice. The defaulting Contractor may, at the discretion of the City, be charged the increase in costs of obtaining the goods/services elsewhere.

h) DOCUMENTS: The Bid Documents consist of the Invitation to Bid, Terms and Conditions, Construction Agreement, Contract Bond, Special Provisions, Specifications, Technical Specifications, Proposal and Bid Form, Engineering Plans or Drawings prepared for a project, Addenda issued during the bidding period, and Change Orders issued after the Contract is let.

i) INDEMNIFICATION: As specified in the bid documents.

j) INSPECTION: The goods and services purchased are subject to the inspection and approval of the initiating department. The City reserves the right to reject goods and services which do not conform to provisions of the Purchase Order.

k) INSURANCE: As specified in the bid documents.

l) LIMITATION ON MUNICIPAL INDEMNITY: To the extent that the contract or agreement calls for the City to indemnify any party thereto, the following sentence shall be appended to the indemnity and shall control the indemnity as if set forth therein:

i) “Provided, however, that regardless of whether any such obligations incurred hereunder are based on tort, contract, statute, strict liability, negligence, product liability or otherwise, the obligations of the City of Winter Haven under this indemnification provision shall be limited in the same manner that would have applied if such obligations were based on, or arose out of, an action at law to recover damages in tort and were subject to section 768.28, Florida Statutes, as that section existed at the inception of this Contract or Agreement.” Provided further, no waiver of the City’s sovereign immunity is intended to be made herein.

ii) The addition of this language shall not be construed to create City indemnifications where none are expressly made in the terms and conditions of the contract or agreement.

m) ONLINE SOLICITATION: The City utilizes an internet based ONLINE SOLICITATION SYSTEM at www.negometrix.com to post solicitation opportunities.

n) PLATFORM: The City’s internet based online solicitation system is identified as and located at https://app.negometrix.com/buyer/690 (Provider). The Platform is utilized by the City and the Suppliers to:

1) allow Suppliers to register and manage their company records; 2) City posts and issues solicitation packages for Suppliers from inception to award of a solicitation; 3) allows Suppliers to submit a response online, electronically, through the Platform; 4) allows Suppliers to view all public record documents related to the Online Solicitation.

File Uploads - All electronic files uploaded must be in a common format accessible by software programs the City uses. Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf.). Suppliers will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Suppliers will not disable or restrict the ability of the City to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may disqualify any Submittal Response that does not meet the criteria stated in this paragraph.

o) STATEMENT OF ASSURANCE: No bids submitted shall be considered unless the Bidder warrants that upon execution of a Contract with the City it will:

http://www.negometrix.com/

i) not engage in employment practices that have the effect of discriminating against employees or prospective employees because of race, color, religion, sex, national origin, age, disability, or marital status

ii) will submit such reports as the City may thereafter require to assure compliance.

p) SUB-CONTRACTOR: An individual, firm, company, corporation, association, society or group which enters into a contract with the Contractor to do a portion of the work on this project.

q) TITLE: The risk of loss of goods covered by the Purchase Order shall remain with the Seller until the goods have been delivered to a designated site and actually received by the City. Any damage to the material and equipment, or loss of any kind, occasioned in transit shall be borne by the Seller.

r) WARRANTY: The Contractor shall not incorporate in the work of a project any materials or equipment subject to a chattel mortgage, a conditional sales contract, or any other agreement permitting a Vendor to retain an interest. The Contractor shall warrant clear title to all materials and equipment incorporated in the work; when the project is completed, the Contractor shall deliver to the City the improvements it has incorporated free of any lien or claim. The provisions of this section shall be included in all contracts with Vendors and Sub-Contractors. Vendors who furnish materials without a formal contract shall be given notice by Contractor that this provision exists.

3) INTERPRETATIONS OR ADDENDA:

a) No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents or any part thereof--to include any error, omission, discrepancy or vagueness. Every request for such an interpretation shall be made in writing to the City Procurement Manager. Any inquiry received prior to the cut-off time and date for questions will be given consideration.