HomeMy WebLinkAboutR-2018-061 To Purchase Services from Asphalt Paving Systems, Inc., and Authorizing Microsurfacing and Asphalt Repair for Pavement and Roadway Infrastructure Rehabilitation BID NO. 17-C-589 RESOLUTION NO.2018-061
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE
SERVICES FROM ASPHALT PAVING SYSTEMS, INC., AND
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN
AGREEMENT WITH THE CORPORATION, RELATING TO
MICROSURFACING AND ASPHALT REPAIR OF SELECTED LOCAL CITY
STREETS, BY UTILIZING THE PRICING UNDER THE CITY OF LARGO,
FLORIDA, CONSTRUCTION CONTRACT FOR PAVEMENT AND
ROADWAY INFRASTRUCTURE REHABILITATION (BID NO. 17-C-589
WITH ASPHALT PAVING SYSTEMS, INC. DATED APRIL 4, 2017
WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT
FOR BIDS FOR SUCH SERVICES, WHICH SHALL NOT EXCEED AN
AMOUNT OF TWO HUNDRED FORTY TWO THOUSAND ONE HUNDRED
FIFTEEN DOLLARS AND THIRTY CENTS ($242,115.30); PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and
materials for the City government in amounts in excess of the established monetary threshold
without competitive bidding and without advertisement for bids if he is authorized to do so in
advance by a resolution adopted by the City Commission, and if such purchases are made
pursuant to a competitive bid obtained within the last eighteen (18) months by other government
agencies such as the federal government, State of Florida or a Florida municipality or county;
and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10,
"Monetary thresholds for certain purchases and payment disbursement authorizations",
Subsection(a), sets the monetary threshold or limitation at $25,000.00; and
WHEREAS, the Director of the Public Services Department has determined that it is
necessary to repave certain City streets to prolong the life of paved surfaces; and
WHEREAS, the Public Services Director has determined that such services can be
obtained at the least cost to the City, without competitive bidding and without advertisements for
bids, from Asphalt Paving Systems, Inc., under its existing construction contract with the City of
Largo, Florida(Bid No. 17-C-589), for pavement and roadway infrastructure rehabilitation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct, and they are made a specific part of and incorporated into this Resolution
by this reference.
Section 2. That the City Commission authorizes the City Manager to purchase
services from Asphalt Paving Systems, Inc., and the proper City officials are authorized to
execute an Agreement with the company, relating to micro-surfacing and asphalt repair of
selected local City streets, by utilizing the pricing under the City of Largo, Florida, construction
contract dated April 4, 2017 for pavement and roadway rehabilitation (Bid No. 17-C-589),
attached as Exhibit "A" with Asphalt Paving Systems, Inc. (a foreign corporation, authorized to
conduct business in the State of Florida), in an amount not to exceed Two Hundred Forty Two
Thousand One Hundred Fifteen Dollars and Thirty Cents ($242,115.30) in Fiscal Year 2017-
2018, as shown in the price proposal submitted by Asphalt Paving Systems, Inc., which is
attached as Exhibit `B"; provided, however, that no Agreement will become effective unless and
until City officials complete their execution of it.
Section 3. That the funding for this purchase was planned and is appropriated in the
Fiscal Year 2017-2018 budget in the General Fund, Public Services, Streets Division - Repairs
and Maintenance Streets Account, Account No. 001-39-06-541-46-60, which account has a
remaining available balance of Two Hundred Sixty Three Thousand Two Hundred Thirty Seven
Dollars and Eighteen Cents ($263,237.18) as of March 26, 2018.
Section 4. That the City Manager and City Attorney are authorized to make minor
revisions to the Agreement as are deemed necessary and proper and in the best interest of the
City.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall be in full force and take effect immediately upon
its passage and adoption.
2 RESOLUTION#2018-061
PASSED AND ADOPTED on April 24, 2018.
ATTEST: o`�P�Is F�RsTc
0
THOMAS'SCHNEIDER, CMC , , TAMARA JA ES
CITY CLERK MAYOR
-'pORATED
APPROVED AS O F RM AND CORRECTNESS:
cin
THOM J. S
CITY ATTO E
3 RESOLUTION#2018-061
O Laos /r
of p fto4A��.
City of Largo, Florida
Post Office Box 296,Largo,Florida 33779-0296
Office of Management and Budget Administration(727)587-6727
FAX(727)586-7420
CITY OF LARGO, FLORIDA
ADDENDUM #2
TO
INVITATION FOR BID
FOR
PAVEMENT AND ROADWAY
INFRASTRUCTURE REHABILITATION
BID NUMBER No. 17-C-589
TO: Potential Bidders
FROM: Joan Wheaton, Procurement Analyst
Rafal Cieslak, P.E., Engineer III
DATE: March 6, 2017
PLEASE NOTE THE ATTACHED CHANGES TO BID NUMBER 17-C-589
SEE ATTACHED PAGE:A-1 &A-2
Questions concerning this addendum should be directed to Rafal Cieslak, P.E., Project Engineer,
Engineering Services Division, (727)587-6713.
Please return the signed on al of is Addendum with your Bid package.
I have read and d to e A e u to Bid Number 17-C-589
Signature
Firm ?t}R L T ?A\/IN6 Sl�S'C'eM4 ' [-
Typed Name and Title MIA I-0144L43A-CN 9S-n1,4A-t'Vr?--
ADDENDUM No.2
PAVEMENT AND ROADWAY INFRASTRUCTURE REHABILITATION
BID NUMBER No. 17-C-589
Addendum No. 2, dated March 6, 2017 to the specifications and contract documents for
the above referenced project, is hereby declared a part of the original drawings,,
specifications and contract documents, and in case of conflict, the following Addendum
shall govern.
Instructions:
Bidders shall acknowledge receipt of this Addendum by writing the words "Addendum No.
2" on the envelope in which the proposal is submitted.
Descri tp ion:
1.) Adjustment to the Unit Bid Price for Asphalt
When this Article applies to the contract, the unit bid price for asphalt will be adjusted in
accordance with the following provisions:
1. Price adjustment for asphalt may be made at the time of an annual contract
renewal if the current FDOT Asphalt Price Index Varies more than 10% from the
bid price at the time of the bid opening.
2. The Bituminous Material Payment Adjustment Index published monthly by the
FDOT shall be used for the adjustment of unit prices. This report is available on
the FDOT's internet site. The address is ham://www.myflorida.com. It is under the
section "Doing Business with FDOT" in the "Contract Administration" section
under "Asphalt Index." For additional information, call FDOT at (850) 414-4000.
3. The FDOT Payment Adjustment Index in effect at the time of bid opening will be
used for the initial determination of the asphalt price.
4. No adjustment in bid prices will be made for either tack coat or prime coat.
5. No price adjustment reflecting any further increase in the cost of asphalt will be
made after the expiration of the allowable contract time.
6. The City reserves the right to make adjustments for decrease in the cost of
asphalt.
2.) The bid opening for Bid No. 17-C-589 has been extended to March 15, 2017.
Competitive sealed bids will be accepted by the City of Largo Office of Management and
Budget, Largo City Hall, located at 201 Highland Avenue, Largo, FL 33770, until 2:00 p.m., local
time, March 15, 2017.
A-1
All bids received shall be publicly opened and read aloud in the Office of Management Budget,
Largo City Hall, for PAVEMENT AND ROADWAY INFRASTRUCTURE REHABILITATION.
Bids must conform to the Specifications and Instructions to Bidders. Any deviation from the
specifications must be shown.
The City reserves the right-to reject any-or-all bids-received'
ids received;to waive any irregularities or
informalities. If you are interested in bidding, please complete the Invitation for Bid Form(s) and
return to this office by the date indicated. Non-conformance with these instructions is grounds for
rejection of bid. Late Bids will be rejected.
Questions of a technical nature should be directed to Rafal Cieslak, at (727) 587-6713 x-4421.
Questions concerning this Bid should be directed to Joan Wheaton, Procurement Analyst, Office
of Management and Budget at (727) 587-6727.
A-2
CITY OF LARGO, FLORIDA
SPECIFICATIONS
FOR
PAVEMENT AND ROADWAY INFRASTRUCTURE REHABILITATION
BID# 17-B-589
SEE ATTACHMENTS
i
a
16
Bidder will complete the Work for the folkh4,tng prices
SCHEDULE OF BID PRICES
Bid Bid Item Quantity Unit Unit Cost Total Cost
Number
1 Emergency Mobilization 1 EA 10,000.00 10,000.00
2 Re-Mobilization 1 EA 6,500.00 6,500.00
3 Mill-1 5"Thick 33,421 SY 3.25 108,618.25
4 Mill-2"Thick 5,885 SY 4.50 26,482.50
5 Mill-3"Thick 151 SY 6.00 906.00
a
6 Overlay-1 5'Thick-SP 9.5 34,940 SY 10.25 358,135.00
7 Overlay-2"Thick-SP 9.5 6,985 SY 13.75 96,043.75
8 Overlay-3"Thick-SP 9,5 1,251 SY 20.00 25,020.00
9 Brick Pavement Removal 83 SY 100.00 8,300.00
10 Brick Pavement Restoration 83 SY 175.00 14,525.00
11 Stabilized Subgrade-6" 6,971 SY 12.00 83,652.00
12 Roadway and Curb and Gutter Base 7,326 CY 40.00 293,040.00
13 Microsurface(Single Application,30-34 Ib/yd2)(MS) 11,000 SY 2.85 31,350.00
14 Microsurface(Double Application,30-34 Ib/yd2)(MS) 8,543 SY 3.75 32,036.25
15 Microsurface,Rut Filling(MS) 17 TN 225.00 3,825.00
16 Crack Sealing(MS) 218 GAL 20.00 4,360.00
17 Asphalt Pavement Leveling 275 SY 12.00 3,300.00
18 Profile Milling 1,760 SY 5.00 8,800.00
19 ADA Pad with Truncated Domes 623 SF 15.00 9,345.00
20 Latex Paint Yellow/White/Blue 4-Inch Striping 2,627 LF 0.55 1,444.85
21 Latex Paint Yellow/White 6-Inch Striping 1,986 LF 0.60 1,191.60
22 Latex Paint Yellow/White 12-Inch Striping 1,185 LF 1.75 2,073.75
23 Latex Paint Yellow/White 24-Inch Striping 319 LF 3.15 1,004.85
24 Latex Paint White Symbol or Wording on Pavement 17 EA 55.00 935.00
25 Thermoplastic Yellow/White 6-Inch Striping 1,986 LF 1.00 1,986.00
26 Thermoplastic YellowlWhite 12-Inch Striping 1,155 • LF 2.75 3,176.25
27 Thermoplastic Yellow/White 24-Inch Striping 305 LF 5.75 1,753.75
28 Thermoplastic White Symbol or Wording on Pavement 11 EA 95.00 1,045.00
29 Remove Curb or Curb and Gutter,All Types 6,918 LF 18.00 124,524.00
30 Replace Curb or Curb and Gutter.All Types 7,209 LF 45.00 324,405.00
31 4"and 6"Sidewalk/Driveway Removal 543 SY 3.75 2,036.25
32 4'Sidewalk Replacement 1,650 SY 55.00 90,750.00
33 6"Sidewalk/Driveway Replacement 823 SY 65.00 53,495.00
34 Structure(Manhole)Adjustment 10 EA 500.00 5,000.00
35 Structure(Valve Box)Adjustment 11 EA 200.00 2,200.00
36 Full Depth Reclamation 1,760 SY 12.75 22,440.00
37 Emulsion(FOR) 5,280 GAL 2.50 13,200.00
3$ Ponwd Cemerit`(POR) 35 TN 150.00 SA50;00. .
39 Compact and Grading(FOR) 1.760 SY 2.75 4,840.00
40 Base Material(FOR) 56 TN 22.50 1,260.00
41 Removal of unsuitable Material(FDR) 50 TN 25.00 1,250.00
42 Remove and Re-install Wheel Stop 66 EA 150.00 9,900.00
43 Remove,Furnish and Install Wheel Stop 154 EA 275.00 42,350.00
44 Amber/Red/White/Blue RPM Installation 4 EA 6.50 26.00
45 Underdrain Installation 6,134 LF 65.00 398,710"00
46 Sign,Single Post Furnish and Install 18 EA 250.00 4,500.00
47 Sign,Single Post Relocate 12 EA 125.00 1,500.00
48 Root Control Barrier 188 LF 45.00 8,460.00
49 Tree Removal 12"-36" 11 EA 350.00 3,850.00
50 Tree Removal 36"and larger 1 EA 500.00 500.00
51 Performance Turf 2,275 SY 4.50 10,237.50
52 Speed Table Assembly 7 EA 2,500.00 17,500.00
53 Sanitary Clean out installation/repair/adjustment 26 EA 1,500.00 39,000.00
54 Waterline repair/adjustment 12 EA 1,000.00 12,000.00
55 Concrete Testing(Slump,air,cylinder breaks,temp) 7 EA 1,800.00 12,600.00
56 Asphalt Testing(Temp,Compaction testing with nuclear density gauge) 4 EA 1,000.00 4,000.00
57 Asphalt Testing(Core testing for Full Depth Paving) 4 EA 750.00 3,000.00
58 Soil Testing(Modified Proctor) 4 EA 900.00 3,600.00
59 Soil Testing(Compaction testing of subgrade soils) 4 EA 750.00 3,000.00
60 Excavation,Embankment and Grading 57 CY 25.00 1,425.00
TOTAL COST 2,3651658.55
Total Evaluated Bid For:
Bid No, 17-C-589
Project: PAVEMENTAND ROADWAY INFRASTRUCTURE REHABILITATION
Company: Asphalt Paving Systems,l
Signature(Authorized Corporate Official):
ft,EslbehiT
CITY OF LARGO, FLORIDA
BID FORM
FOR
PAVEMENT AND ROADWAY INFRASTRUCTURE REHABILITATION
BID#17-B-589
The undersigned bidder does hereby agree to furnish the City of Largo, Florida, the items listed in
accordance with the Specifications shown by the Invitation to Bid to be delivered to the specified site for
the price indicated.
IT IS BIDDERS RESPONSIBILITY TO CHECK THE WEBSITE www.largo.com
FOR FINAL DOCUMENTS AND ADDENDUMS BEFORE SUBMITTAL
THIS BID MUST BE SIGNED BY A PERSON AUTHORIZED TO ACT FOR THE COMPANY IN
HIS/HER OWN NAME.
BIDDER NAME: Asphalt Paving Systems, Inc.
ADDRESS: 9021 Wire Road,Zephyrhills,FL,33540
_..__. _ .......__.................... _-
PURCHASE ORDER ADDRESS: Same as above
.............._ —------------------__-----------
PHONE NUMBER: 813-788-0010
FAX NUMBER: 813-788-0020
COMPANY CONTACT(REP): Mark Rohrbach
EMAIL ADDRESS(REP): Ponderosama o#mait.tom
SIGNATURE:
TAX ID# SSN or EIN 22 87755
17
CITY OF LARGO, FLORIDA
REFERENCE INFORMATION FOR
PAVEMENT AND ROADWAY INFRASTRUCTURE REHABILITATION
BID#17-B-589
Organization See attached
Contact Person
Address
City State Zip
Phone Number( )
Project Cost Date Performed
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Organization
Contact Person
Address
City State Zip
Phone Number( )
Project Cost Date Performed
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Organization
Contact Person
Address
City State Zip
Phone Number ( )
Project Cost Date Performed
------------------------------------------------------------------------------
Organization
Contact Person
Address
City State Zip
Phone Number( )
Project Cost Date Performed
------------------------------------------------------------------------------
Representative Typed Name/Title
Representative Signature
Firm
18
REFERENCES/EXPERIENCE - Below is a very abbreviated list of experience on Reclaim
and Paving projects fDr Asphalt Paving Systems.
FDR
1 E Project Name 14=G-00031 Pavement Maintenance
Owner City of Tampa
Contact Ghoonesh Ramdial
Address 3802 E 26th Avenue
Tampa, FL 33605
Telephone Number 813-622-1951
Date & Amount 3/31116 - $7,698,431.00
2, Project Name 2016 Road Projects
Owner City of Zephyrhills
Contact Shane LeBlanc
Address 5335 8th Street
Zephyrhills, FL 33542
Telephone Number 813-780-0022
Date & Amount 2/1/16 - $249,370.00
3. Project Name FDR & Asphalt Paving
Owner City of Palm Bay
Contact Camille Goron-Taylor
Address 120 Malabar Rd., SE
Palm Bay, FL 32907
Telephone Number 321-338-5295
Date & Amount 5/18/16 - $428,505.00
4. Project Name 2016 Emergency Repairs
Owner City of Largo
Contact Kim Tracy
Address 1000 2nd St SE.
Largo, FL 33779
Telephone Number 727-587-6741
Date &Amount 9/28/15 - $144,113.00
5. Project Name C12-05-167; Chip Seal and Asphalt Surfacing
Owner St Lucie County
Contact Christopher Lestrange
Address 2300 Virginia Avenue
Ft. Pierce, FL 34982
Telephone Number 772-462-2511
Date & Amount 7/5/16 -$325,074.00
6 Project Name Asphalt Maintenance Services FY 2016
Owner St Johns County
Contact Tommy Mashburn
Address 2740 Industry Center Rd
St Augustine, FL 32084
Telephone Number 904-209-Dl84
Date & Amount 9/29116 - $1,135,178.90
7. Project Name Beavis, Bellamy Bridge Roads
Owner Jackson County
Contact Larry Alvarez
Address 2828 Owens Street
Marianna, FL 32446
Telephone Number 850-482-9677
Date & Amount 1/20/17 - $181,419.20
8. Project Name Various FDR Roads per Orlando piggy back
Owner Indian River County
Contact Jeff Hoffman
Address 4550 41 st Street
Vero Beach, FL 32960
Telephone Number 772-770-5085
Date & Amount ongoing - $80,000.00
9. Project Name General Roadway& Miscellaneous Construction
Owner City of West Palm Beach
Contact All County Paving - Joshua Marfleet
Address 1180 SW 10th Street
Delray Beach, FL 33444
Telephone Number 561-588-0949
Date & Amount 3/2/15 - $232,692.30
10. Project Name Michigan Blvd Reclaim
Owner City of Dunedin
Contact Marcella Tavernari, P.E.
Address 737 Louden Ave, 2nd FI
Dunedin, FL 34697-1348
Telephone Number 727-298-3208
Date & Amount 12/5/17 - $325,679.00
REFERENCES/EXPERIENCE - Below is a very abbreviated list of experience on
Microsurfacing projects for Asphalt Paving Systems.
MICROSURFACING
1 Project Name Countywide Microsurfacing Phase I
Owner Lake County
Contact Sandra Rogers
Address 12901 County Landfill Road
Tavares, FL 32778
Telephone Number 352-343-9839
Invoice $ 237,343.35
Completed on Schedule? Yes Date: 9/30/13
Project Description Microsurfacing & Crack Seal to various County Roads
2. Project Name 2014 Pavement Management & Preservation
Owner Sumter County
Contact Eslie Oxendine
Address 319 E Anderson Ave
Bushnell, FL 33513
Telephone Number 352-569-6710
Invoice $ 898,948.54
Completed on Schedule? Yes Date: 8/31/14
Project Description Microsurfacing & Crack Seal to various County Roads
3 Project Name Citywide Microsurfacing Term Contract
Owner City of Lakeland
Contact Troy McCain
Address 407 Fairway Drive
Lakeland, FL 33801
Telephone Number 863-834-3303
Invoice $ 1,250,000.00
Completed on Schedule? Yes Date 9/30/14
Project Description Microsurfacing to various City Roads
4 Project Name Yearly Road Building Services
Owner Manatee County
Contact Brian Martineau
Address PO Box 1000
Bradenton, FL 34206
Telephone Number 941-708-7400 ext 7243
Invoice $ 331.746.42
Completed on Schedule? Yes Date: 2/4/14
Project Description Microsurfacing to various County Roads
5 Project Name Annual Microsurfacing Pavement Contract
Owner City of Ft Lauderdale
Contact Sayd Hussain
Address 100 N Andrews Avenue
Fort Lauderdale, FL 33301
Telephone Number 954-828-4505
Invoice $ 1,991,859.25
Completed on Schedule? Yes Date: 2/1/15
Project Description Microsurfacing & Crack Seal to various City Roads
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SYSTEMSP 0 Box 530 3 Kammonton NJ 08037
Phony 609 561 4161 Fax 609 561 0920
Equipment List
Quantity Make Year Model Description
8 Bergkamp 2008 L-9000 Mobil Mix Paver
6 Bergkamp 2012 L-9000 Mobil Mix Paver
3 Bergkamp 2010 L-9000 Mobil Mix Paver
3 Bergkamp 2014 M-1 Paver
4 Bergkamp 2004 L-9000 Mobile Support
12 (13 CY) 2007 L-9000 Trucks
2 Bergkamp 2008 L-9000 Mobile Support
(21 CY) L-9000 Trailers
7 Ford 2015 F350 Stake Body
8 Ford 2012 F350 Utility Body
12 Ford 2013 F350 Crew Cabs
2 Athey Mobil 2010 Broom
4 CAT 2004 PS-130 Rubber Tire Roller
6 CAT 2011 PS-360 Rubber Tire Roller
8 CAT 2012 936g Wheel Loader
13 CAT 2010 938 Loader
1 CAT 2009 938 Loader
2 CAT 2008 926 Loader
6 Etnyre 1998 Series 6000 Bulk Tanker
12 Fruehauf 1992 6000 gal Bulk Tanker
14 Heil 1991 6500 Bulk Tanker
16 Etnyre 1990 6000 Bulk Tanker
4 Etnyre 2000 Centenial Oil Distributor
(2000)
6 Etnyre 2006 Black Topper Oil Distributor
(2000)
5 Etnyre 2011 Black Topper Oil Distributor
(2000)
5 Etnyre 2015 Black Topper Oil Distributor
(4000)
1 Etnyre 2012 Model 4WD Chipper(10-20)
1 Etnyre 2013 Model 4WD Chipper(11-22')
Additional Equipment Provided Upon Request
# AVING
YS MAW
P O B a x 5 3 0 14 a m m o n t o n N 1 0 8 0 3 7
Phone 609 : 561 4 16 1 D Fax 609 56 1 0920
EQUIPMENT LIST
Quantity Make Year Model Description
2 Wirtgen 2014 CR3200 Road Profiler/Recycler
2 Wirtgen 2014 210-I Road Profiler/Recycler
6 Wirtgen 2013 WR2500 Road Reclaimer/Recycler
1 Wirtgen 2008 2000 Cold Planer
2 Wirtgen 2004 1000 Cold Planer
1 Caterpillar 2010 D5 Dozer
1 Caterpillar 2003 12G Grader
6 Caterpillar 2012 140H Grader
1 Caterpillar 2010 950F Rubber Tire Loader
3 Caterpillar 2008 938G Rubber Tire Loader
2 Caterpillar 2010 936F Rubber Tire Loader
1 Caterpillar 2013 325BL Hydraulic Excavator
7 Caterpillar 2004 416B Backhoe
2 Caterpillar 2006 426B Backhoe
2 Caterpillar 2015 655 Paver
6 Caterpillar 2013 1055 Paver
1 Caterpillar 2006 634C Asphalt Roller
1 Ingersoll Rand 1999 DD90 Asphalt Roller
1 Caterpillar 2003 214C Asphalt Roller
2 Caterpillar 2006 224C Asphalt Roller
1 Ingersoll Rand 2004 DD110 Asphalt Roller
3 Caterpillar 2014 CB-64 Roller
8 Caterpillar 2012 534XW Roller
1 Caterpillar 2007 563C Roller
1 Caterpillar 2012 433C Roller
2 Etnyre 2008 Distributor
8 Etnyre 2015 Distributor
10 Ford 2007 9510 Triaxle Dump Truck
1 Ford 2012 9510 Triaxle Dump Truck
1 Ford 2012 9510 Tandem Dump Truck
2 Ford 2010 9510 Tractor
2 Ford 2009 9510 Tractor
2 Ford 2008 9510 Tractor
3 Ford 1999 9510 Water Truck
5 Talbert 2008 Lowbed Trailer
6 Emulsion Tanker
2 East Dump Trailer
1 Athey 2014 2TE4DHL Sweeper
2 Bobcat 1998 853C Cold Planer
4 Caterpillar 2003 PS180 Rubber Tire Roller
1 Dynapac 1999 CP271 Rubber Tire Roller
8 Caterpillar 2012 PS360 Rubber Tire Roller
5 Ford 2013 F-9000 Cement Truck
2 Weilter 2016 E-1250 Transfer Vehicle
Additional Equipment Provided Upon Request
15
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Listing of Prequalified Contractors
Contractor with Name ASPHALT PAVING SYSTEMS, INC.
1-1 of 1 contractors
VENDOR NAME HOME OFFICE ADDRESS BIDDING OFFICE ADDRESS
ASPHALT PAVING SYSTEMS, INC. PO BOX 530 9021 WIRE ROAD
F223787755009 HAMMONTON, NJ 08037-0530 ZEPHYRHILLS, FL 33540
EXPIRES: 6/30/2017 (609)561-4161 (813)788-0010
WORK CLASSES
DRAINAGE FLEXIBLE PAVING
GRADING HOT PLANT-MIXED BITUM. COURSES
_ __ ...............................
CITY OF LARGO, FLORIDA
STATEMENT OF NO BID
FOR
PAVEMENT AND ROADWAY INFRASTRUCTURE REHABILITATION
BID#17-B-589
IF YOU DO NOT INTEND TO BID ON THIS REQUIREMENT, PLEASE COMPLETE AND RETURN
THIS FORM PRIOR TO DATE SHOWN FOR RECEIPT OF BIDS TO:
City of Largo, Office of Management and Budget, Post Office Box 296, Largo, FL 33779-0296.
OR FAX THIS PAGE ONLY to(727) 586-7420, OR EMAIL to jwheaton@largo.com
WE, THE UNDERSIGNED, HAVE DECLINED TO BID FOR THE FOLLOWING REASON(S):
WE DO NOT OFFER THIS PRODUCT OR EQUIVALENT.
SPECIFICATIONS ARE TOO "TIGHT", I.E. GEARED TOWARD ONE BRAND OR
MANUFACTURER ONLY (PLEASE EXPLAIN BELOW).
UNABLE TO MEET SPECIFICATIONS (PLEASE EXPLAIN BELOW).
SPECIFICATIONS UNCLEAR (PLEASE EXPLAIN BELOW).
INSUFFICIENT TIME TO RESPOND TO INVITATION TO BID.
OUR PRODUCT SCHEDULE WOULD NOT PERMIT US TO PERFORM.
UNABLE TO MEET BOND REQUIREMENTS.
OTHER (PLEASE SPECIFY BELOW).
REMARKS:
WE UNDERSTAND THAT IF THE "NO BID" LETTER IS NOT EXECUTED AND RETURNED, OUR
NAME MAY BE DELETED FROM THE LIST OF QUALIFIED BIDDERS FOR THE CITY OF LARGO
FOR FUTURE PROJECTS.
Typed Name and Title
Signature
Company name
Address
City State Zip Code
Telephone Number(_} Fax (_)
19
INSURANCE REQUIREMENTS CHECKLIST
FOR
Items marked"X" must be provided
X General Liability Minimum Limits Required
x Commercial General Liability $ 2,000,000 General Aggregate
x Occurrence Form $ 1,000,000 Product,Completed Operations A99,
$_1,,000.000 Personal&Advertising Injury
$ 1,000,000 Each Occurrence
X Automobile Liability
Owned,Hired&Non-Owned $ 1.000.000 Combined Single Limit per Occurrence
X Worker's Compensation statuto
and Employer's Liability $ 100,000 Each Accident
$ 500,000 Disease-Policy Limit
$ 100.000 Disease-Each employee
Professional Liability-Errors&Omissions ('To be completed by Bidder)
Deductible:$ $ Aggregate
Claims Made(Y/N): $ Each Claim
Occurrence(Y/N):
'Defense included in Limits(Y/N):
Builder's Risk/Installation Floater ('To be completed by Bidder)
`Flood Included$ Limit $ 100%of Completed or Installed Value
Transportation Included$ Limit All-Risk Form
'Storage Included$ Limit
City Must Be A Named Insured. Copy of Policy Will Be Required.
Other
X The Certificate of Insurance must show"The City of Largo,its elected officials and employees"as an additional insured.
The Certificate shall bear the requisite endorsements providing that the City is an additional insured and providing for
waiver of subrogation by the Vendor/Subcontractor when applicable.
X Vendor/Subcontractor shall provide immediate notice of any Vendor/Subcontractor initiated cancellation,non-renewal
or adverse change to the policies required to be obtained or maintained pursuant to this RFP/Bid.
Vendor/Subcontractor shall immediately forward to the City any notice it receives of cancellation,non-renewal or
adverse change to any policy that is initiated by a policy provider(s).
X Certificates must identify bid number and bid title.
Subcontractors must carry same Insurance limits.
Insurance Carrier should be A rated.
The City reserves the right to request any additional information it deems necessary,and at a frequency it deems
necessary,to confirm the requisite insurance remains in effect,at the required levels,for the duration of any contractural
agreement entered into pursuant to this RFP/Bid and/or any Purchase Order issued in accordance with this RRP/Biid
Statement of Bidder: understand the requirements requested and agree to comply fully.
er- orized Signature
Rob Capoferri,President A complete copy of this form with original signature must accompany bid.
20
Forirw-9 Request for Taxpayer Give form to the
(Rev October 20071 Identification Number and (Certification requester. Do not
De03rt1'ent,)-h-Trz I;,.., send to the IRS.
Internal Ff5\?n�e Se^:-.e
Name Ias s^orm on your Income tax return)
CN
Business name If different from above
TO hac<333 7orla:e box: .� I d t du31r�0 JrJJ�I TO. '.'_„" ..O,pJr311Jn I� P3rr.ership ., r, Exempt
v 0 Limited Ilabdity company Enter the Ia<classification iD=disregarded entity C=corporation,P=partnership)► 7 paye,
O 2 El Other isee nstruttions) ►
c Address)number street and apt or suite no 1 Requester s name and address(opt)ona0
131.
AbX �
City state,and ZIP code
(D List account numberls)here optional)
U i
Taxpayer identification Number(TIN)
Enter your TIN In the appropriate box.The TIN provided must match the name given on Line 1 to avoid Social security number
backup withholding For individuals.this is your social security number(SSN). However,for a resident
alien.sole proprietor,or disregarded entity,see the Part I instructions on page 3, For other entities. it is
your employer identification number(EIN) If you do not have a number,see How to get a TIN on page 3, or
Note.If the account Is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number
number to enter
Certification
Under penalties of perjury I certify that:
I, The number shown on !nis form is my correct taxpayer identification number(or I am waiting for a numoer to be Issued to me),and
2, f am not subject to backup vv thhoiding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal
Revenue Service(IRS)!hat I am subject to backup withholding as a result of a failure to report all mterast or dividends,or(c)the IRS has
notified me that I am no longer subject to backup withholding,and
3, 1 am a U.S, citizen or other U S. person idefined below).
Certification instructions.You must cross out.item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to repo,-t all interest and dividends on your tax return. For real estate transactions, item 2 does not apply,
For mortgage interest paid,acquisiti D d iont of secured property,cancellation of debt,contributions to an individual retirement
arrangement(IRA),and generally, payments of—r iha interest and dividends,you are not required to sign the Certification,but you must
provide your correct TIN,See+ r ru: 1_on page
`Sign Signature of
Here U.S.person No, Date ► -7 i ,
General Instrjuctions Definition of a U.S. person. For federal tax purposes, you are
Section references are to the Internal Revenue Code unless considered a U.S.person if you are:
otherwise noted. +An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation,company,or association created or
Purpose of Form organized in the United States or under the laws of the United
A person who is required to file an information return with the States,
IRS must obtain your correct taxpayer identification number(TIN) • An estate(other than a foreign estate),or
to report,for example, income paid to you, real estate • A domestic trust(as defined in Regulations section
transactions, mortgage interest you paid, acquisition or 301.7701-7).
abandonment of secured property,cancellation of debt,or Special rules for partnerships.Partnerships that conduct a
contributions you made to an IRA trade or business in the United States are generally required to
Use Form W-9 only if you are a U.S.person(including a pay a withholding tax on any foreign partners'share of income
resident alien),to provide your correct TIN to the person from such business. Further,in certain cases where a Form W-9
requesting it(the requester)and.when applicable,to: has not been received,a partnership is required to presume that
1,Certify that the TIN you are giving is correct(or you are a partner is a foreign person,and pay the withholding tax.
waiting for a number to be issued), Therefore, if you are a U.S. person that is a partner in a
2. Certify that you are not subject to backup withholding,or partnership conducting a trade or business in the United States,
provide Form W-9 to the partnership to establish your U.S.
3, Claim exemption from backup withholding if you are a U.S. status and avoid withholding on your share of partnership
exempt payee. If applicable, you are also certifying that as a income.
U.S.person,your allocable share of any partnership income from The person who gives Form W-9 to the partnership for
a U.S.trade or business is not subject to the withholding tax on purposes of establishing its U.S.status and avoiding withholding
foreign partners'share of effectively connected income. on its allocable share of net income from the partnership
Note.If a requester gives you a form other than Form W-9 to conducting a trade or business in the United States is in the
request your TIN, you must use the requester's form if it is following cases:
substantially similar to this Form W-9. s The U.S, owner of a disregarded entity and not the entity,
Cat.No,10231X Farm Nf-9 (Rev, 10-2007)
�0 1905
OF PRO
PROC"FZE�ra
City of Largo, Florida
Post Office Box 296,Largo.Florida 33779-0296
Office of Management and Budget Administration(727)587-6727
FAX(727)586-7420
CITY OF LARGO, FLORIDA
ADDENDUM#1
TO
INVITATION FOR BID
FOR
PAVEMENT AND ROADWAY
INFRASTRUCTURE REHABILITATION
BID NUMBER No. 17-C-589
TO: Potential Bidders
FROM: Joan Wheaton, Procurement Analyst
Rafal Cieslak, P.E., Engineer III
DATE: March 1, 2017
PLEASE NOTE THE ATTACHED CHANGES TO BID NUMBER 17-C-589
SEE ATTACHED PAGE: A-1
Questions concerning this addendum should be directed to Rafal Cieslak, P.E., Project Engineer,
Engineering Services Division, (727)587-6713.
Please return the i X
o 's Addendum with your Bid package.
I have read and u e ddend m to Bid Number 17-C-589
Signature
Firm &�CH A LT l nV l
Typed Name and Title MA e k..
ADDENDUM No. 1
PAVEMENT AND ROADWAY INFRASTRUCTURE REHABILITATION
BID NUMBER No. 17-C-589
Addendum No. 1, dated March 1, 2017 to the specifications and contract documents for
the above referenced project, is hereby declared a part of the original drawings,
specifications and contract documents, and in case of conflict, the following Addendum
shall govern.
Instructions:
Bidders shall acknowledge receipt of this Addendum by writing the words "Addendum No.
1" on the envelope in which the proposal is submitted.
Description.
1. The bidder is not required to bid on every line item in the bid schedule of bid prices.
2. A bid bond is not required for the proposal. The quantities in the agreement are
estimated work for the year and the City of Largo does not guarantee a quantity,
therefore no bond is required.
A-1
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
FOR
THE CITY OF LARGO
FLORIDA
GC-1
TABLE OF CONTENTS OF GENERAL CONDITIONS
ARTICLE TITLE PAGE
1. DEFINITIONS GC-2 Water or Reclaimed Water GC-19
2. PRELIMINARY MATTERS GC-4 7. OTHER WORK GC-20
Delivery of Documents GC-4 Related Work at Site GC-20
Copies of Documents GC-4 Coordination GC-20
Commencement of Contract
Time: & THE CITYS RESPONSIBILITIES GG-21
Notice to Proceed GC-4
Starting the Project GC-4 9, ENGINEER'S STATUS
Before Starting Construction GC-4 DURING CONSTRUCTION GC-21
Pre-construction Conference GC-5 City's Representative GC-21
Finalizing Schedules GC-5 Visits to Site GC-21
3. CONTRACT DOCUMENTS GC-5 Project Representation GC-21
Intent GC-5 Clarifications and
Amending and Supplementing Interpretations GC-24
Contract Documents GC-6 Authorized Variations of Work GC-24
Reuse of Documents GC-6 Rejecting Defective Work GC-24
Shop Drawings, Change Orders
4. AVAILABILITY OF LANDS; and Payments GC-24
PHYSICAL CONDITIONS: Determination for Unit Prices GC-24
REFERENCE POINTS GC-6 Decisions on Disputes GC-25
Availability of Lands GC-6 Limitations on Engineer's
Physical Conditions GC-7 Responsibilities GC-25
Physical Conditions—
Underground Facilities GC-8 10. CHANGES IN THE WORK GC-25
Reference Points GC-9
5. BONDS AND INSURANCE GC-9 11. CHANGE OF CONTRACT PRICE GC-26
Bonds GC-9 Cost of the Work GC-27
Contractor's Insurance GC-10 Contractor's Fee GC-28
Cash Allowances GC-29
6. CONTRACTOR'S Unit Price Work GC-29
RESPONSIBILITIES GC-12 Omitted Work GC-29
Supervision and 12. CHANGE OF CONTRACT TIME GC-30
Superintendence GC-12
Labor, Materials and Equipment;
13. WARRANTYAND GUARANTEE:
Hours of Work GC-13
TEST AND INSPECTIONS:
Adjusting Progress Schedule GC-13
CORRECTION, REMOVAL OR
Substitutes or Or-Equal Item GC-14
ACCEPTANCE OF DEFECTIVE
Concerning Subcontractors,
Suppliers and Others GC-14 WORK GC-30
Patent Fees and Royalties GC-15 Warranty and Guarantee GC-30
5 Access to Work GC-31
Permits GC-1
Laws and Regulations GC-1 Tests and Inspections GC-31
Taxes GC-16 Uncovering Work GC-31
Use of Premises GC-16 City May Stop the Work GC-31
Record Documents GC-16 Correction or Removal of
Defective Work GC-32
Safety and Protection GC-17
Emergencies and Precautions One Year Correction Period GC-32
During Adverse Weather GC-17
Shop Drawings and Samples GC-18 City May Correct Defective
WOE GC-32
Continuing the Work GC-19
Indemnification GC-19 14. PAYMENTS TO CONTRACTOR
Spill or Discharge of Waste AND COMPLETION GC-33
TABLE OF CONTENTS OF GENERAL CONDITIONS
ARTICLE TITLE PAGE
Schedule of Values GC-33
Application for Progress
Payments GC-33
Contractor's Warranty of
Title GC-33
Review of Applications for
_ ogress Payment GC=33
Substantial Completion GC-34
Partial Utilization GC-34
Final Inspection GC-35
Final Application for Payment GC-35
Final Payment and Acceptance GC-35
Contractor's Continuing
Obligation GC-36
15. SUSPENSION OF WORK
AND TERMINATION GC-36
City May Suspend Work GC-36
City May Terminate GC-36
Fiscal Non-Funding Clause GC-37
Contractor May Stop Work or
Terminate GC-37
16. MISCELLANEOUS GC-38
Giving Notice GC-38
Computation of Time GC-38
No Limitation of Rights and
Remedies GC-38
Accident and Prevention GC-38
Florida Products and Labor GC-39
Employees GC-39
Non-Discrimination GC-39
Assignment GC-39
Governing Law,Jurisdiction
and Venue GC-39
Asbestos GC-39
Right to Audit GC-40
Contractor's Public Records Obligations
GC-40
Date: February 4, 2014
GENERAL CONDITIONS
ARTICLE I—DEFINITIONS CITY-The City of Largo, Florida, a Florida municipal
corporation,its authorized and.legal-represc.ittatives,-Ilw- - -
public entity with whom the Contractor has entered into
Wherever used in these General Conditions or in the the agreement and for whom the work is to be provided.
other Contract Documents the following terms have the
meanings indicated which are applicable to both the CONSTRUCTION SUPERINTENDENT - The
singular and plural thereof-. construction superintendent shall be in attendance at the
project site during performance of the Work and shall
ADDENDA - Written or graphic instruments, represent the CONTRACTOR. Communications given
explanations, interpretations, changes, corrections, to the construction superintendent or decisions made by
additions, deletions or modifications of the contract the construction superintendent shall be as binding as if
documents issued prior to the opening of Bids which given to or made by the CONTRACTOR. Important
clarify, correct or change the bidding documents or the communications or decisions shall be confirmed in
Contract Documents. writing. Other communications or decisions shall be
similarly confirmed by written request in each case.
AGREEMENT - The written agreement between the
CITY and CONTRACTOR covering the Work to be CONTRACT DOCUMENTS - The invitation to Bid,
performed; when other Contract Documents are Instructions to Bidders, Proposal, Bid Bond,
attached to the Agreement, they become a part of the Agreement, Payment Bond, Performance Bond,
contract. The Agreement is also referred to as the Con- Certificate of Insurance, Notice of Tentative Award,
tract. Notice to Proceed, Certificate of Substantial
Completion, Warranty of Title, Final Receipt - Release
APPLICATION FOR PAYMENT - The form accepted of Lien, General Conditions, Supplemental General
by ENGINEER which is to be used by CONTRACTOR Conditions, Technical Specifications, Contract
in requesting progress or final payments and which is to Drawings, Addenda and Change Orders executed
include such supporting documentation as is required pursuant to the Contract Documents.
by the Contract Documents.
CONTRACT PRICE -The total monies payable by the
BID -The offer or proposal of the bidder submitted on CITY to the CONTRACTOR under the terms and
the prescribed form setting forth the prices for the Work conditions of the Contract Documents.
to be performed,properly signed or guaranteed.
CONTRACT TIME - The number of successive
BONDS - Bid, Performance and Payment bonds and calendar days stated in the Contract Documents for the
other instruments which protect against loss due to completion of the Work.
inability, failure or refusal of the CONTRACTOR to
perform the work specified in the contract documents. CONTRACTOR-The person,firm,or corporation with
whom the CITY has executed the Agreement to furnish
CALENDAR DAY - A calendar day of 24 hours the Work called for in the Contract Documents.
measured from midnight to the next midnight,including DEFECTIVE WORK - Work that is unsatisfactory,
Saturdays, Sundays and holidays and regardless of the faulty, or deficient; or that does not conform to the
weather. Contract Documents; or that does not meet the
requirements of any inspection,reference standard,test,
CHANGE ORDER - A document recommended by or approval referred to in the Contract Documents; or
ENGINEER which is signed by the CONTRACTOR Work that has been damaged prior to the ENGINEER'S
and the CITY which authorizes an addition, deletion, or recommendation of final payment.
revision in the work, or an adjustment in the Contract
Price or Contract Time, issued on or after the execution DRAWINGS - The drawings, plans, maps, profiles,
of the Agreement, diagrams,and other graphic representations which show
character, location, nature, extent and scope of the
GC-2
Work, which have been prepared or approved by the ENGINEER. Responsibilities of the RPR are
ENGINEER and which are considered part of the further defined in Paragraph 9.3 of these General
Contract Documents. Conditions.
EFFECTIVE DATE OF THE AGREEMENT-The date SHOP DRAWINGS - All drawings, diagrams,
indicated in the Agreement, but if no such date is illustrations, schedules, and other data which are
---nidicated it nicans &; date on which the Agreelfir-lit Is specifically prepared Dy or for Me CONITRACTOR to
signed by the last of the two parties to sign the illustrate some portion of the Work,and all illustrations,
Agreement. brochures, standard schedules, performance charts,
instructions, diagrams and other information prepared
ENGNEER(S) - City of Largo Community by a supplier and submitted by the CONTRACTOR to
Development Department, Engineering Division or its illustrate material or equipment for some portion of the
authorized agents, inspectors or representatives acting Work.
within the scope of duties entrusted to them by the
CITY. SPECIFICATIONS - (Same definition as for Technical
Specifications hereinafter).
FIELD ORDER - A written order by the ENGINEER
that does not impact the cost or time of performance of SUBCONTRACTOR - An individual, fine, or
the Work. corporation having a direct contract with the
CONTRACTOR or with any other Subcontractor for
GENERAL REQUIREMENTS - Division 1 of the the performance of a part of the Work at the Site.
Technical Specifications.
SUBSTANTIAL COMPLETION - The Work (or a
LAWS AND RFGULATIONSo LAWS OR specified part thereof) has progressed to the point
REGULATIONS - Laws, rules, codes, regulations, where, in the opinion of ENGINEER as evidenced by
ordinances and/or orders promulgated by a lawfully ENGINEER'S definitive certificate of Substantial
constituted body authorized to issue such Laws and Completion, it is sufficiently complete, in accordance
Regulations. with the Contract Documents, so that the Work (or
specified part) can be utilized for the purposes for
NOTICE OF AWARD -The official written notice by which it is intended. The terms "substantially
the CITY to the apparent successful bidder stating that complete" and "substantially completed" as applied to
upon compliance by the apparent successful bidder with any Work refer to Substantial Completion thereof.
the conditions precedent enumerated therein within the When the entire Project is considered to be
time specified,the CITY may enter into an Agreement. Substantially Complete, this does not constitute Final
Acceptance or Final Completion of the entire Project.
NOTICE TO PROCEED -The written notice issued by
the CITY, or it's agents, to the CONTRACTOR SUPPLEMENTARY CONDITIONS - The part of the
authorizing the CONTRACTOR to proceed with the Contract Documents which amends or supplements
Work and establishing the date of commencement of the these General Conditions.
Contract Time.
SUPPLIER - A manufacturer, fabricator, supplier,
PARTIAL UTILIZATION - Placing a portion of the distributor,materiahnan or vendor.
Work in service for the purpose for which it is intended
(or a related purpose) before reaching Substantial SURETY - Any person, firm or corporation which is
Completion for all the Work. bound by bid or contract bond with and for the
CONTRACTOR.
PROJECT -The entire construction to be performed as
provided in the Contract Documents. TECHNICAL SPECIFICATIONS - Those portions of
the Contract Documents consisting of the General
RESTDENT PROJECT REPRESENTATIVE (RPR) - Requirements and written technical descriptions of
The resident project representative, shall be in products and execution of the Work.
attendance at the project site during performance of the
Work and shall represent the CITY directly or through
GC-3
UNDERGROUND FACILITIES - All pipelines, the CONTRACTOR may be required to furnish in
conduits, ducts, cables, wires, manholes, vaults, tanks, accordance with the Contract Documents.
tunnels or other such facilities or attachments, and any
encasements containing such facilities which have been COPIES OF DOCUMENTS:
installed underground to furnish any of the following
services or materials: electricity, gases, steam, liquid 2.2. The CITY shall furnish to
petroleum. products; telephone or other CONTRACTOR three copies (unless otherwise
conununications, cable television, water supply or specified in the Supplementary Conditions) of the
distribution, sewage and drainage removal, traffic or Contract Documents or as are reasonably necessary for
other control systems. the execution of the Work. Additional copies will be
furnished,upon request,at the cost of reproduction.
UNIT PRICE WORK-Work to be paid for on the basis
of unit prices. COMMENCEMENT OF CONTRACT TIME;
NOTICE TO PROCEED:
WORK - Any and all obligations, duties and
responsibilities necessary to the successful completion 2.3. The Contract Time will commence to tun
of the Project assigned to or undertaken by the on the day indicated in any Notice to Proceed. A Notice
CONTRACTOR under the Contract Documents, to Proceed may be given at any time within sixty days
including all labor, materials, equipment and other after the Effective Date of the Agreement.
incidentals and the fitmishing thereof.
STARTING THE PROJECT:
WORK DIRECTIVE CHANGE-A written directive to
CONTRACTOR, issued on or after the Effective Date 2.4. CONTRACTOR shall start to perform
of the Agreement and signed by the CITY and the Work on the date when the Contract Time
recommended by the ENGINEER,ordering an addition, commences to run,but no Work shall be done at the site
deletion or revision in the Work, or which references an prior to the date on which the Contract time commences
emergency or unforeseen physical conditions under to run.
which the Work is to be performed. A Work Directive
Change may not change the Contract Price or the BEFORE STARTING CONSTRUCTION:
Contract Time, but is evidence that the parties expect
that the change directed or documented by a Work 2.5. Before undertaking each part of the
Directive Change will be incorporated in a subsequently Work, CONTRACTOR shall carefully study and
issued Change Order following negotiations by the compare the Contract Documents and check and verify
parties as to its effect, if any, on the Contract Price or pertinent figures shown thereon and all applicable field
Contract Time, measurements. CONTRACTOR shall promptly report
in writing to ENGINEER any conflict, error, ambiguity
WRITTEN AMENDMENT - A written amendment of or discrepancy which CONTRACTOR may discover
the Contract Documents, signed by the CITY and and shall obtain a written interpretation or clarification
CONTRACTOR on or after the Effective Date of the from ENGINEER before proceeding with any Work
Agreement and normally dealing with the non- affected thereby; however,CONTRACTOR shall not be
engineering or non-technical rather than strictly Work- liable to CITY or ENGINEER for failure to report any
related aspects of the Contract Documents. conflict,error,ambiguity or discrepancy in the Contract
Documents, unless CONTRACTOR knew or
ARTICLE 2-PRELIMINARY MATTERS reasonably should have known thereof.
2.6. At the pre-construction conference,
DELIVERY OF DOCUMENTS: CONTRACTOR shall submit to ENGINEER for
review:
2.1. When the CONTRACTOR delivers the 2.6,1, a proposed progress schedule
signed Agreements to the CITY, the CONTRACTOR indicating the starting and completion dates of
shall also deliver to the CITY such Bonds and the various stages of the Work;and,
Insurance Policies, Certificates or other documents as
GC-4
2.6 2. a preliminary schedule of Shop CITY as providing an orderly progression of the Work
Drawing submissions and those shop drawings to completion within the Contract Time, but such
necessary to begin the work;and, acceptance will neither impose on the CITY
responsibility for the progress or scheduling of the
2.6.3. a preliminary schedule of Work nor relieve CONTRACTOR from full
values for all of the Work which will include responsibility therefor. The finalized schedule of Shop
—q uat"ies-and-prices-of-items--aggregating- e.----- 13rawicr bull ssionsw ill e acceptable to-the-CITY-as-- - --
Contract Price and will subdivide the Work into providing a workable arrangement for processing the
component parts in sufficient detail to serve as submissions. The finalized schedule of values will be
the basis for- progress payments during acceptable to the CITY as to form and substance.
construction. Such prices will include an
appropriate amount of overhead and profit ARTICLE 3 - CONTRACT DOCUMENTS:
applicable to each item of Work which will be INTENT,AMENDING,REUSE
confirmed in writing by CONTRACTOR at the
time of submission ;and, INTENT:
2.64 Pre-construction video tapes if 3.1. The Contract Documents comprise the
required by the technical specifications entire agreement between the CITY and
CONTRACTOR concerning the Work. The Contract
2.7. The CONTRACTOR shall not Documents are complementary: what is called for by
commence construction operations until the one is as binding as if called for by all. The Contract
construction progress schedule, schedule of values and Documents will be construed in accordance with the
the shop drawing submission schedule described above laws of the State of Florida with venue in Pinellas
have been reviewed by the ENGINEER for general County,Florida.
conformance with the Contract documents. After 3.2. It is the intent of the Contract Documents
review of the schedules, no deviation shall be made to describe a functionally complete Project (or part
without prior written acceptance by the CITY for thereto) to be constructed in accordance with the
general conformance with the Conti-act Documents. Contract Documents. Any Work, materials or
equipment that may reasonably be inferred from the
PRECONSTRUCTION CONFERENCE: Contract Documents as being required to produce the
intended result shall be supplied whether or not
2.8. After the Effective Date of the specifically called for. When words which have a well-
Agreement, but before CONTRACTOR starts Work at known technical or trade meaning are used to describe
the site, a conference attended by CONTRACTOR, Work, materials or equipment such words shall be
ENGINEER and others as deemed appropriate by the interpreted in accordance with that meaning. Reference
CITY,ENGINEER, or CONTRACTOR will be held to to standard specifications, manuals or codes of any
discuss the schedules referred to in paragraph 2.6, to technical society, organization or association, or to the
discuss procedures for handling Shop Drawings and Laws or Regulations of any governmental authority,
other submittals and for processing Applications for whether such reference be specific or by implication,
Payment, and to establish a working understanding shall mean the latest standard specification, manual,
among the parties as to the Work. Nothing herein shall code or Laws or Regulations in effect at the time of
relieve the CONTRACTOR from the responsibility of opening of Bids, except as may be otherwise
contacting local utilities and any other necessary specifically stated. However, no provision of any
agencies. referenced standard specification, manual or code
(whether or not specifically incorporated by reference
FINALIZING SCHEDULES: in the Contract Documents)shall be effective to change
the duties or responsibilities of the CITY,
2.9. At least ten days before submission of CONTRACTOR or ENGINEER or any of their
the first Application for Payment a conference attended consultants,agents or employees from those set forth in
by CONTRACTOR, CITY, ENGINEER and others as the Contract Documents, nor shall it be effective to
appropriate will be held to finalize the schedules assign to ENGINEER'S, agents or employees, any duty
submitted in accordance with paragraph 2.6. The or authority to supervise or direct the furnishing or
finalized progress schedule will be acceptable to the performance of the Work or any duty or authority to
GC-5
undertake responsibility contrary to the provision: of 3.5. In addition, the requirements of the
paragraph 9.15 or 9.16. Clarifications and Contract Documents may be supplemented, and minor
interpretations of the Contract Documents shall be variations and deviations in the Work may be
issued by the ENGINEER as provided in paragraph 9.4. authorized,in one or more of the following ways:
3.3. If, during the performance of the Work, 3,5.1. a Field Order (pursuant to
CONTRACTOR finds a conflict. error or discrepancy paragraph 9.5)
in the Contract Documents, CONTRACTOR shall so
notify the ENGINEER, in writing, at once and before 3.5.2. ENGINEER'S approval of a
proceeding with the Work affected thereby shall obtain Shop Drawing or sample(pursuant to paragraphs
a written interpretation or clarification. In resolving 6.26 and 6.27),or
conflicts resulting from errors or discrepancies in any of
the Contract Documents, the order of precedence shall 3.5.3. ENGINEER'S written
be as follows: interpretation or clarification (pursuant to
paragraph 94).
1. Change Order
2. Addenda REUSE OF DOCUMENTS:
3. Agreement
4. Proposal 3.6. Neither CONTRACTOR nor any
5. Supplemental General Conditions Subcontractor or Supplier or other person or
6. Invitation to Bid organization perfonning or furnishing any of the Work
7. Instructions to Bidders under a direct or indirect contract with the CITY shall
8. General Conditions have or acquire any title to or ownership rights in any of
9. Technical Specifications the Contract Documents, drawings, technical
10. Contract Drawings specifications or other documents used on the work;
a. Dimensions and, they shall not reuse any of them on extensions of
b. Full Size Details the Project or any other project without prior written
C. Full Size Drawings consent of the CITY and ENGINEER.
The captions or subtitles of the several articles and
divisions of these Contract Documents constitute no ARTICLE 4 - AVAILABILITY OF LANDS;
part of the context and hereof, but are only labels to PHYSICAL CONDITIONS; REFERENCE
assist in locating and reading the provisions hereof. POINTS
AMENDING AND SUPPLEMENTING
CONTRACT DOCUMENTS:
AVAILABILITY OF LANDS:
3.4. The Contract Documents may be amended
to provide for additions, deletions and revisions in the 4.1. The CITY shall furnish, as indicated in
Work or to modify the terms and conditions thereof in the Contract Documents, the lands upon which the
one or more of the following ways: Work is to be performed, rights-of--way and easements
for access thereto and such other lands which are
3.4.1. a formal Written Amendment. designated for the use of CONTRACTOR. Easements
for permanent structures or permanent changes in
3.4.2. a Change Order (pursuant to existing facilities will be obtained and paid for by the
paragraph 10.4),or CITY, unless otherwise provided in the Contract
Documents. If CONTRACTOR believes that any delay
3.4.3. a Work Directive Change in the CITY'S furnishing these lands, rights-of-way or
(pursuant to paragraph 10.1). easements entitles CONTRACTOR to an extension of
the Contract Time, CONTRACTOR may make a claim
As indicated in paragraphs 11.2 and 12•l, Contract therefor as provided in Article 12. CONTRACTOR
Price and Contract Time may only be changed by a shall provide for all additional lands and access thereto
Change Order or by a Written Amendment. that may be required for temporary construction
facilities or storage of materials and equipment.
GC-6
4.1.1. Occupying Private Land: The subsurface conditions at the site that have been
Contractor shall not(except after written consent utilized by ENGINEER in preparation of the
from the proper parties) enter or occupy with Contract Documents. CONTRACTOR accepts
men, tools, equipment or materials, any land the site and any unforeseen conditions in
outside the rights-of-way or property of the City. accordance with paragraph 4.4 of the Instructions
A copy of the written consent shall be given to to Bidders, and may rely upon the accuracy of
the CITY.. the technical data contained-in-sueh reports, bur
not upon non-technical data, interpretations, or
4.1.2. Work in State,County and City opinions contained therein or for the
Rights-of-Way and Easements: When the Work completeness for CONTRACTOR'S purposes,
involves the installation of sanitary sewers,stone including, but not limited to, any aspects of the
sewers, drains, water mains, manholes, means, methods, techniques, sequences and
underground structures, or other disturbances of procedures of construction to be employed by
existing features in or across street, rights-of- CONTRACTOR and safety precautions and
way, easements, or other property, the programs incident thereto. Except as indicated in
CONTRACTOR shall (as the Work progresses) the immediately preceding sentence and in
promptly back-fill,compact,grade and otherwise paragraph 4.2.6. CONTRACTOR shall have full
restore the disturbed area to a basic condition responsibility with respect to subsurface
which will pen-nit resumption of pedestrian or conditions at the site.
vehicular traffic and any other critical activity or
function consistent with the original use of the 4.2.2. Existing Structures: Where
land. Unsightly mounds of earth, large stones, applicable, reference is made to the technical
boulders, and debris shall be removed so that the specifications, for identification of those
site presents a neat appearance. drawings of physical conditions in or relating to
existing surface and subsurface structures
4.1.3. Work Adjacent to Telephone, (except Underground Facilities referred to in
Power, Cable TV and Gas Company Structures: paragraph 4.3.1) which are at or contiguous to
In all cases where Work is to be performed near the site that have been utilized by ENGINEER in
telephone, power, water, sewer, drainage, cable preparation of the Contract Documents.
TV, or gas company facilities, the Contractor CONTRACTOR may rely upon the general
shall provide written notification to the accuracy of the technical data contained in such
respective companies of the areas of which Work drawings, but not for the completeness thereof
is to be performed, prior to the actual for CONTRACTOR'S purposes including, but
performance of any Work in these areas. not limited to, any aspects of the means,
methods, techniques, sequences and procedures
4.1.4. Use of Public Streets: The use of construction to be employed by
of public streets and alleys shall be such as to CONTRACTOR and safety precautions and
provide a minimum of inconvenience to the programs incident thereto. Except as indicated in
public and to other vehicular and non-vehicular the immediately preceding sentence and in
traffic. Any earth or excavated material spilled paragraph 4.2.6, CONTRACTOR shall have full
from trucks shall be removed by the responsibility with respect to physical conditions
CONTRACTOR and the streets cleaned to the in or relating to such structures. However,where
satisfaction of the CITY, the ENGINEER, the the dimensions and locations of existing
Florida Department of Transportation, or other structures are of critical importance in the
agency or governmental entity having installation or connection of new work, the
jurisdiction,as applicable. CONTRACTOR shall verify such dimensions
and locations in the field before the fabrication of
PHYSICAL CONDITIONS: any materials or equipment which is dependent
on the correctness of such information. There
4.2.1 Explorations and Reports: shall be no additional cost to the CITY for
Where applicable, reference is made in the CONTRACTOR'S failure to verify such
technical specifications, for identification of dimensions and locations, or for inaccurate
those reports of explorations and tests of verifications by CONTRACTOR.
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PHYSICAL CONDITION'S - UNDERGROUND
4.2.3. Report of Differing FACILITIES•
Conditions: If CONTRACTOR believes that:
4.3.1. The information and data
4.2.3.1. Any technical data on shown or indicated in the Contract Documents
which CONTRACTOR is entitled to rely with respect to existing Underground Facilities at
a+provided rn paragraphs 4.2,I.raid 4.12 or contiguous to the site is based can information
is inaccurate, or and data furnished to the CITY or ENGINEER
by the owners of such Underground Facilities or
4.2.3.2. Any physical by others.
condition uncovered or revealed at the
site differs materially from that indicated, 4.3.1.1. The CITY and
reflected or referred to in the Contract ENGINEER shall not be responsible for
Documents, CONTRACTOR shall, the accuracy or completeness of any such
promptly after becoming aware thereof information or data,and,
and before performing any Work in
connection therewith (except in an 4.3.1.2. CONTRACTOR
ernergency as permitted by paragraph shall have full responsibility for
6.22.1), notify the CITY and the reviewing and checking all such
ENGINEER in writing about the information and data. Further, the
inaccuracy or difference. CONTRACTOR shall be responsible for
locating all Underground Facilities
4.2.4. ENGINEER'S Review: whether or not shown or indicated in the
ENGINEER will promptly review the pertinent Contract Documents, for coordination of
conditions, determine the necessity of obtaining the Work with the owners of such
additional explorations or tests with respect Underground Facilities during
thereto and advise the CITY in writing (with a construction, for the safety and
copy to the CONTRACTOR) of ENGINEER'S protection thereof as provided in
findings and conclusions. paragraph 6.20, and repairing any
damage thereto resulting from the Work,
4.2.5. Possible Document Change: If the cost of all of which will be
ENGINEER concludes that there is a material considered as having been included in
error in the Contract Documents or that because the Contract Price.
of newly discovered conditions a change in the 4.3.1.3. All water pipes,
Contract Documents is required, a Work sanitary sewers, storm drains, force
Directive Change or a Change Order will be mains, gas mains, or other pipe,
issued as provided in Article 10 to reflect and telephone or power cables or conduits,
document the consequences of the inaccuracy or pipe or conduit casings,curbs,sidewalks,
difference. service lines and all other obstructions.
whether or not shown, shall be
4.2.6. Possible Price and Time temporarily removed from or supported
Adjustments: In each such case, an increase or across utility line excavations. Where it
decrease in the Contract Price or an extension or is necessary to temporarily interrupt
shortening of the Contract Time, or any services, the CONTRACTOR shall
combination thereof, will be allowable to the notify the owner or occupant of such
extent that they are attributable to any such facilities both before the interruption and
inaccuracy or difference. If the CITY and again immediately before service is
CONTRACTOR are unable to agree as to the resumed. Before disconnecting any
amount or length thereof, a claim may be made pipes or cables, the CONTRACTOR
therefore as provided in Article 11 and 12. shall obtain permission from their owner,
or shall make suitable arrangements for
their disconnection by their owner. The
CONTRACTOR shall be responsible for
GC-8
any damage to any such pipes, conduits REFERENCE POINTS:
or cables, and shall restore them to
service promptly as soon as the Work has 4.4. The CITY shall provide engineering
progressed past the point involved. surveys to establish reference points for construction
Approximate locations of known water, which in ENGINEER'S judgment are necessary to
sanitary, drainage, natural gas, power, enable CONTRACTOR to proceed with the Work,
telephone and. cable TV installations CONTRACTOR shall be responsible for layin—out-the
along the route of new pipelines or in the Work (unless otherwise specified in the General
vicinity of new work are shown, but are Requirements), shall protect and preserve the
to be verified in the field by the established reference points and shall make no changes
Contractor prior to performing the work. or relocations without the prior written approval of the
The CONTRACTOR shall uncover these CITY. The CONTRACTOR shall report to the
pipes, ducts, cables, etc., carefully, by ENGINEER whenever any reference point is lost or
hand prior to installing his Work. Any destroyed or requires relocation because of necessary
discrepancies or differences found shall changes in grades or locations, and shall be responsible
be immediately brought to the attention for the accurate replacement or relocation of such
of the ENGINEER in order that reference points by professionally qualified personnel.
necessary changes may be made to
permit installation of the Work. ARTICLE 5-BONDS AND INSURANCE
4.3.2. If an Underground Facility is
uncovered or revealed at or contiguous to the site BONDS:
which was not shown, nor located by the
facilities owner and which CONTRACTOR 5.1. CONTRACTOR shall upon delivery of
could not reasonably have been expected to be the executed Agreement to the CITY furnish
aware of, CONTRACTOR shall, promptly after Performance and Payment Bonds, each in an amount at
becoming aware thereof and before performing least equal to the Contract Price as security for the
any Work affected thereby (except in an faithful performance and payment of all
emergency as permitted by paragraph 6.22.1), CONTRACTOR'S obligations under the Contract
identify the owner of such Underground Facility Documents. These Bonds shall remain in effect at least
and give written notice thereof to that owner and until one year after the date when final payment
to the CITY and the ENGINEER. The becomes due, except as otherwise provided by Law or
ENGINEER will promptly review the Regulation or by the Contract Documents.
Underground Facility to determine the extent to CONTRACTOR shall also furnish such other Bonds as
which the Contract Documents should be are required by the Supplementary Conditions The form
modified to reflect and document the and conditions of the Bonds and the Surety shall be
consequences of the existence of the acceptable and satisfactory to the CITY and Surety shall
Underground Facility, and the Contract be a nationally recognized Surety Company acceptable
Documents will be amended or supplemented to to the CITY, listed on the current list of"Companies
the extent necessary. During such time, Holding Certificates of Authority as Acceptable
CONTRACTOR shall be responsible for the Sureties on Federal Bonds and Acceptable Reinsuring
safety and protection of such Underground Companies" as published in Circular 570 (amended)by
Facility as provided in paragraph 6.20. the Audit Staff, Bureau of Government Financial
4.3.3. CONTRACTOR shall only Operations, V.S. Treasury Department, for projects not
be allowed an increase in the Contract Price or exceeding ($500,000) five hundred thousand dollars
an extension of the Contract Time,or both,to the and meet the other requirements of Florida Statutes
extent that they are attributable to the existence Section 287.0935 (1989). For projects exceeding five
of any such Underground Facility hundred thousand dollars,all bonds shall be placed with
CONTRACTOR could not reasonably have been sureties with a Best Rating of no less than A-IX. Bonds
expected to have been aware of. If the parties shall be executed and issued by a resident or non
are unable to agree as to the amount or length resident agent, licensed to conduct business in the State
thereof, CONTRACTOR may make a claim of Florida, representing such corporate sureties. If the
therefor as provided iri Articles 11 and 12. CONTRACTOR is a partnership, the Bond should be
GC-9
signed by each of the individuals who are partners; if a Contract, the CONTRACTOR shall procure and
corporation, the Bond should be signed in the correct maintain insurance of the types and to the limits
corporate name by duly authorized officer, agent or specified in paragraph 5.4, inclusive below.
attorney-in-fact. There should be executed an
appropriate number of counterparts of the bond 5.4. Coverage: Except as otherwise stated,
corresponding to the number of counterparts in the the amounts and types of insurance shall conform to the
Coturact, Each executed bona should.be accompanied l`ollowing.t mirutttt require cents
by (a) appropriate acknowledgment of the respective
parties; (b)appropriate duly certified copy of Power-of- 5.4.1. Workers' Compensation.
Attorney or other certification of authority where bond Coverage to apply for all employees for
is executed by agent, officer or other representative of Statutory Limits in compliance with the
Contractor or Surety; (c) duly certified extract from by- applicable State and Federal laws.
laws or resolutions of Surety under which Power-of- CONTRACTOR shall require all subcontractors
Attorney, or other certificate of Authority of its agent, to maintain workers compensation during the
officer or representative was issued. term of the agreement and up to the date of final
5.2. If the surety on any Bond furnished by acceptance. CONTRACTOR shall defend,
CONTRACTOR is declared bankrupt or becomes indemnify and save the CITY and ENGINEER
insolvent or its right to do business is terminated in the harmless from any damage resulting to there for
state of Florida or it ceases to meet the requirements of failure of either CONTRACTOR or any
paragraph 5.1., CONTRACTOR shall within five days subcontractor to take out or maintain such
thereafter substitute another Bond and Surety, both of insurance.
which must be in conformance with paragraph 5.1.
5.4.1.1. Employers' Liability
CONTRACTOR'S INSURANCE: with Statutory Limits of
$100,0005500,000/$100,000.
5.3. General: CONTRACTOR shall
purchase and maintain such comprehensive general 5.4.1.2. Notice of
liability and other insurance as is appropriate for the Cancellation and/or Restriction.
Work being performed and furnished and as will CONTRACTOR shall provide immediate
provide protection from claims set forth below which notice of any CONTRACTOR initiated
may arise out of or result from CONTRACTOR'S cancellation, non-renewal or adverse
performance and furnishing of the Work and change to the policies required to be
CONTRACTOR'S other obligations under the Contract obtained and/or maintained pursuant to
Documents, whether it is to be performed or furnished this Contract. CONTRACTOR shall
by CONTRACTOR, by any Subcontractor, by anyone immediately forward to the CITY any
directly or indirectly employed by any of them to notice it receives of cancellation, non-
perform or furnish any of the Work, or by anyone for renewal or adverse change to the policy
whose acts any of them may be liable. that is initiated by the insurer(s).
CONTRACTOR'S insurance, and the insurance of any
other party bound to the CONTRACTOR shall be 5.4.1.3. If any operations are
considered primary. The Certificate(s) of Insurance to be undertaken on or about navigable
shall bear the requisite endorsements providing for waters, coverage must be included for
CITY as Certificate Holder and additional insured and the U.S. Longshoremen and Harbor
shall further provide for waiver of subrogation by the Workers Act and/or Jones Act if
CONTRACTOR and/or any subcontractor(s) where applicable.
applicable. The Certificate(s) issued pursuant to this
Contract shall, at a minimum, bear the name of the 5.4.2. Comprehensive General
insured, the name of the insurer, the number of the Liability or Commercial General Liability
policy, its effective date and termination date. For Coverage must be afforded on a form no more
identification purposes the Certificate(s) shall also restrictive than the latest edition of the
include a reference to the project#,RFP#/RFQ#,and/or Comprehensive General Liability Policy or
any purchase order or task order issued in accordance Commercial General Liability filed by the
herewith. Before starting and during the term of this Insurance Services Office,and must include:
GC-10
immediately forward to the CITY any
5.4.2.1. Minimum Limits of notice it receives of cancellation, non-
total coverage shall be$1,000,000.00 per renewal or adverse change to the policy
occurrence combined single limit for that is initiated by the insurer(s).
Bodily Injury Liability and Property
Damage Liability, the basic policy to be 5.4.2.11. The CONTRACTOR
in said form with any excess coverage shall either require each subcontractor to
(and the carrier) to meet $1,000,000.00 procure and maintain, during the life of
minimum to be acceptable to the CITY. the subcontract, insurance of the type and
in the same amounts specified herein or
5.4.2.2. Premises and/or insure the activities of subcontractors in
Operations. his own insurance policy.
5.4.2.3. Independent 5.4.3. Business Auto Policy.
Contractor. Coverage must be afforded on a form no more
restrictive than the latest edition of the Business
5.4.2.4. Products and/or Auto Policy filed by the Insurance Service Office
Completed Operations. CONTRACTOR and must include:
shall maintain in force until at least three
(3) years after completion of all services 5.4.3.1. Minimum limit of
required under the Contract, coverage for $1,000,000.00 per occurrence combined
products and completed operations, single limit for Bodily Injury Liability
including Broad Form Property Damage. and Property Damage Liability.
5.4.2.5. XCU Coverages. 5.4.3.2. Owned Vehicles.
5.4.2.6. Broad Form Property 5.4.3.3. Hired and Non-
Damage including Completing Owned Vehicles
Operations.
5.4.3.4. Employee Non-Ownership
5.4.2.7. Broad Form
Contractual Coverage applicable to this 5.4.3.4. The CITY shall be
specific Contract, including any hold listed as an additional insured on auto
harmless and/or indemnification policies.
agreement.
5.4.3.5. Notice of
5.4.2.8. Personal Injury Cancellation and/or Restriction.
coverage with employees and contractual CONTRACTOR shall provide immediate
exclusions removed. notice of any CONTRACTOR initiated
cancellation, non-renewal or adverse
5.4.2.9. Additional Insured. change to the policies required to be
The CITY is to be specifically obtained and/or maintained pursuant to
included as an additional insured this Contract. CONTRACTOR shall
(including products). immediately forward to the CITY any
notice it receives of cancellation, non-
5.4.2.10. Notice of renewal or adverse change to the policy
Cancellation and/or Restriction. that is initiated by the insurer(s).
CONTRACTOR shall provide immediate
notice of any CONTRACTOR initiated 5.4.4. All Risk Property Insurance
cancellation, non-renewal or adverse When Applicable. Coverage must include real
change to the policies required to be and personal property and in an amount equal to
obtained and/or maintained pursuant to the replacement cost of all real and personal
this Contract. CONTRACTOR shall property of the CITY'S for which the
GG 11
CONTRACTOR is responsible and over which available under the National Flood
he exercises control. Builders Risk insurance Program.
must be provided to cover Property under
construction and an Installation Floater must 5.4.5. A Best Rating of no less
cover all machinery, vessels, air conditioners or than A - VIll is required for any carriers
electric generators to be installed. This insurance providing coverage required under the terms of
shall include-a waiver of subrogation as to the this Contract. Failure to comply with The
ENGINEER, the CITY, the CONTRACTOR, insurance requirements as herein provided shall
and their respective officers, agents, employees, constitute default of this Agreement. Neither
and subcontractors. CONTRACTOR or any subcontractor shall
commence work under the Contract until they
5.4.4.1. Coverage to be have all insurance required under this Section
provided on a full replacement cost basis. and have supplied the CITY with evidence of
such coverage in the form of certified copies of
5.4.4.2. Losses in excess of policies (where required) and certificates of
ten thousand dollars ($I0,000) shall be insurance, and such policies and certificates have
jointly payable to the CONTRACTOR been approved by the CITY. CONTRACTOR
and the CITY. shall be responsible for and shall obtain and file
insurance certificates on behalf of its
5.4.4.3. Waiver of occupancy subcontractors. All certified copies of policies
clause or warranty. Policy must be (where required) and certificates of insurance
specifically endorsed to eliminate any shall be filed with the CITY. The CITY reserves
"Occupancy Clause" or similar warranty the right to request additional information
or representation that the building(s), regarding any form of insurance or policy
addition(s) or structure(s) will not be obtained or maintained pursuant to this Contract
occupied by the CITY. as the CITY deems necessary,and at a frequency
the CITY deems necessary, to confirm the
5.4.4.4. Maximum requisite insurance remains in effect, at the
Deductible-S5,000 each claim, required levels, for the duration of this Contract.
Receipt of Certificates or other documentation of
5.4.4.5 Notice of insurance or policies, or copies of policies, by
Cancellation and/or Restriction. the CITY or by any of its representatives which
CONTRACTOR shall provide immediate indicate less coverage than required by this
notice of any CONTRACTOR initiated Contract does not constitute waiver of
cancellation, non-renewal or adverse CONTRACTOR'S obligations to fulfill the
change to the policies required to be insurance requirements of this Contract.
obtained and/or maintained pursuant to
this Contract. CONTRACTOR shall ARTICLE 6 CONTRACTOR'S
immediately forward to the CITY any RESPONSIBILITIES
notice it receives of cancellation, non-
renewal or adverse change to the policy
that is initiated by the insurer(s). SUPERVISION AND SUPERINTENDENCE:
5.4.4.6. Flood Insurance. 6.1. The CONTRACTOR has the obligation
When the buildings or structures are to deliver to the CITY the completed job in a good and
located within an identified special flood workmanlike condition. CONTRACTOR shall
hazard area, flood insurance protecting supervise and direct the Work completely and
the interest of the CONTRACTOR and efficiently,devoting such attention thereto and applying
the CITY must be afforded for the lesser such skills and expertise as may be necessary to
of the total insurable value of such perform the Work in accordance with the Contract
buildings or structures, or, the maximum Documents. CONTRACTOR shall be solely
amount of flood insurance coverage responsible for the means. methods. techniques,
sequences and procedures of construction. but
GC-12
CONTRACTOR shall not be responsible for the authorizes the use of overtime work and then
negligence of others in the design or selection of a only to such extent as overtime wages are
specific means, method, technique, sequence or regularly being paid by the CONTRACTOR for
procedure of construction which is required by the overtime work of a similar nature in the same
Contract Documents. CONTRACTOR shall be locality.
responsible to see that the finished Work complies
accurately .with die Contract Doc-ument_c: The 6.3.2- All costs of .inspection and
CONTRACTOR shall bear all losses resulting on testing performed by the CITY during overtime
account of the weather, fire, the elements, or other work by the CONTRACTOR which is allowed
causes of every kind or nature prior to Final solely for the convenience of the
Acceptance. The supervision of the execution of this CONTRACTOR shall be borne by the
contract is vested wholly in the CONTRACTOR. CONTRACTOR. The CITY shall have the
authority to deduct the cost of all such inspection
6.2. The superintendent will be and testing from any partial payments otherwise
CONTRACTOR'S representative at the site and shall due to the CONTRACTOR. For all work
have authority to act on behalf of CONTRACTOR. All performed on holidays and weekends a fee of
communications given to the superintendent shall be as $250 per day will be charged to the
binding as if given to CONTRACTOR. CONTRACTOR, to cover the cost of Largo
Engineering Inspectors. Notice must be
LABOR, MATERIALS AND EQUIPMENT; submitted at least two whole working days prior
HOURS OF WORK: to subsequent holiday and/or weekend.
6.3. CONTRACTOR shall provide 6.4. Unless otherwise specified in the General
competent, suitably qualified personnel to survey and Requirements, CONTRACTOR shall furnish and
lay out the Work and perform construction as required assume full responsibility for all materials, equipment,
by the Contract Documents. CONTRACTOR shall at labor, transportation, construction equipment and
all times maintain good discipline and order at the site. machinery, tools, appliances, fuel, power, light, heat,
Except in connection with the safety or protection of telephone,water, sanitary facilities,temporary facilities
persons or the Work or property at the site or adjacent and all other facilities and incidentals necessary for the
thereto, and except as otherwise indicated in the furnishing, perfonnance, testing, start-up and final
Contract Documents, all Work at the site shall be completion of the work.
performed during regular working hours, and
CONTRACTOR will not permit overtime work or the 6.5. All materials and equipment shall be of
performance of Work on Saturday, Sunday or any legal good quality and new, except as otherwise provided in
holiday without the CITY'S written consent (which the Contract Documents. If required by ENGINEER,
shall not be unreasonably withheld) given after prior CONTRACTOR shall furnish satisfactory evidence
written notice to ENGINEER. The CONTRACTOR is (including reports of required tests) as to the kind and
hereby informed,and understands that unless otherwise quality of materials and equipment. All materials and
approved by the City, the City restricts the work equipment shall be applied, installed, connected,
between the hours of 5:00 p.m. and 8:00 a.m., unless erected, used, cleaned and conditioned in accordance
emergency conditions exist that are endangering life or with the instructions of the applicable Supplier except
property as may be determined by the CITY. If the as otherwise provided in the Contract Documents; but
CONTRACTOR is authorized to operate equipment no provision of any such instructions will be effective
twenty-four (24) hours per day, the engines shall be to assign to the CITY, ENGINEER, or any of the
provided with residential type silencers approved by the CITY'S or ENGINEER'S consultants, agents or
CITY. employees, any duty or authority to supervise or direct
the furnishing or performance of the Work or any duty
6.3.t The CONTRACTOR shall or authority to undertake responsibility contrary to the
receive no additional compensation for overtime provisions of paragraph 9.15 or 9.16.
work. However,additional compensation will be
paid to the CONTRACTOR for overtime work ADJUSTING PROGRESS SCHEDULE:
only in the event extra work is ordered by the
ENGINEER and the change order specifically
GC-13
6,6 CONTRACTOR shall submit to expense additional data about the proposed
ENGINEER for review and comment (to the extent substitute.
indicated in paragraph 2.9) adjustments in the progress
schedule to reflect the impact thereon of new 6.7.2. If a specific means, method,
developments; these will conform Generally to the technique,sequence or procedure of construction
progress schedule then in effect and additionally will is indicated in or required by the Contract
-camply with any provisions, of the General Docttntents, CONTRACTOR may. furnish or
Requirements applicable thereto, utilize a substitute means, method, sequence,
technique or procedure of construction
SUBSTITUTES OR"OR-EQUAL" ITEMS: acceptable to ENGINEER, if CONTRACTOR
submits sufficient infonmation to allow
6.7.1. The technical specifications ENGINEER to determine that the substitute
shall govern the use of substitute or "or-equal" proposed is equivalent to that indicated or
items. The procedure for review by ENGINEER required by the Contract Documents. The
will include the following as supplemented in the procedure for review by ENGINEER will be
technical specifications. Requests for review of similar to that provided in paragraph 6.7.1 as
substitute items of material and equipment will applied by ENGINEER and as may be
not be accepted by ENGINEER from anyone supplemented in the Technical Specifications.
other than CONTRACTOR. If CONTRACTOR
wishes to furnish or use a substitute item of 6.7.3. ENGINEER will be allowed a
material or equipment, CONTRACTOR shall reasonable time within which to evaluate each
make written application to ENGINEER for proposed substitute. ENGINEER will be the
acceptance thereof, certifying that the proposed sole judge of acceptability,and no substitute will
substitute will perform equally or better the be ordered, installed or utilized without
functions and achieve the results called for by the ENGINEER'S prior written acceptance which
general design, be similar and of equal substance will be evidenced by either a Change Order or an
to that specified and be suited to the same use as approved Shop Drawing. The CITY may require
that specified. The application will state that the the CONTRACTOR to furnish at
evaluation and acceptance of the proposed CONTRACTOR'S expense a special
substitute will not prejudice CONTRACTOR'S performance guarantee or other surety with
achievement of Substantial Completion on time, respect to any substitute,
whether or not acceptance of the substitute for
use in the Work will require a change in any of CONCERNING SUBCONTRACTORS,
the Contract Documents (or in the provisions of SUPPLIERS AND OTHERS:
any other direct contract with the CITY for work
on the Project) to adapt the design to the 6.8.1. CONTRACTOR shall not
proposed substitute and whether or not employ any Subcontractor, Supplier or other
incorporation or use of the substitute in person or organization (including those
connection with the Work is subject to payment acceptable to the CITY and the ENGINEER as
of any license fee or royalty. All variations of indicated in paragraph 6.8.2),whether initially or
the proposed substitute from that specified will as a substitute, against whom the CITY or the
be identified in the application and available ENGINEER may have reasonable objection.
maintenance, repair and replacement service will CONTRACTOR shall not be required to employ
be indicated. The application will also contain any Subcontractor, Supplier or other person or
an itemized estimate of all costs that will result organization to furnish or perform any of the
directly or indirectly from acceptance of such Work against whom CONTRACTOR has
substitute, including costs of redesign and claims reasonable objection.
of other contractors affected by the resulting
change, all of which shall be considered by 6.8.2. If the Technical Specifications
ENGINEER in evaluating the proposed or Contract Documents require the identity of
substitute. ENGINEER may require certain Subcontractors, Suppliers or other
CONTRACTOR to furnish at CONTRACTOR'S persons or organizations (including those who
are to furnish the principal items of materials and
GC-14
equipment) shall be submitted to the CITY for delineating the Work to be performed by any specific
acceptance by the CITY and ENGINEER, and if trade.
CONTRACTOR has submitted a list thereof, the
CiTY or ENGINEER'S acceptance (either in 6.11. All Work performed for CONTRACTOR
writing or by failing to make written objection by a Subcontractor will be pursuant to all appropriate
thereto by the date indicated for acceptance or agreement between CONTRACTOR and the
objection in the bidding. documents or the Subcontractor which specifically binds the
Contract Documents) of any such Subcontractor, Subcontractor to the applicable terms and conditions of
Supplier or other person or organization so the Contract Documents for the benefit of the CiTY and
identified may be revoked on the basis of the ENGINEER.
reasonable objection after due investigation, in
which case CONTRACTOR shall submit an PATENT FEES AND ROYALTIES:
acceptable substitute. If after bid opening and
prior to the award of the contract, the CITY 6.12. CONTRACTOR shall pay all license
objects to certain suppliers or subcontractors, the fees and royalties and assume all costs incident to the
CiTY may permit CONTRACTOR to submit an use in the performance of Work or the incorporation in
acceptable substitute so long as there is no the Work of any invention, design, process, product or
change in the contract price or contract time. If device which is the subject of patent rights or
the contract price or contract time is increased, copyrights held by others. if a particular invention,
the CITY may return the bid bond and award the design, process, product or device is specified in the
contract to the next qualified, competent bidder. Contract Documents for use in the performance of the
if after the award of the contract, the CiTY Work and if to the actual knowledge of the CITY or
objects to certain suppliers or subcontractors, the ENGINEER its use is subject to patent rights or
CITY shall permit CONTRACTOR to snake an copyrights calling for the payment of any license fee or
appropriate and acceptable substitution which is also acceptable to the CITY. No acceptance by royalty to other, the existence of such rights shall be
disclosed by the CITE' in the Contract Documents.
the CITY or the ENGINEER of any such CONTRACTOR shall indemnify, defend and hold
Subcontractor, supplier or other person or harmless the CITY and anyone directly or indirectly
organization shall constitute a waiver of any employed by the CiTY from and against all claims,
right of the CITY or ENGINEER to reject damages, losses and expenses (including attorney's fees
defective Work. and court costs) arising out of any claims of an
6.9. CONTRACTOR shall be fully infringement of patent rights, copyrights, trade marks
responsible to the CiTY and ENGINEER for all acts trade secrets or proprietary information incident to the
use in the performance of the Work or resulting from
and omissions of the Subcontractors, Suppliers and other persons and organizations performing or the incorporation in the Work of any invention, design,
process,product or device not specified in the Contract
furnishing any of the Work under a direct or indirect Documents, and shall defend all such claims in
contract with CONTRACTOR just as CONTRACTOR connection with any alleged infringement of such
is responsible for CONTRACTOR'S own acts and omissions. Nothing in the Contract Documents shall rights. This indemnification provision shall survive the
create any contractual relationship between the CITY or termination this agreement.
the ENGINEER and any such Subcontractor, Supplier PERMITS-
or other person or organization, nor shall it create any
obligation on the part of the CiTY or ENGINEER to 6.13. CONTRACTOR shall obtain and pay for
pay or to see to the payment of any moneys due any all construction permits and licenses. The CITY shall
such Subcontractor, Supplier or other person or
assist CONTRACTOR, when necessary, in obtaining
organization except as may otherwise be required by such permits and licenses. CONTRACTOR shall pay
Laws and Regulations. all governmental charges and inspection fees necessary
6.10. The divisions and sections of the
for prosecution of the Work,which are applicable at the
time of opening of Bids. There will be no cost for
Technical Specifications and the identifications of any permits issued by the CITY. CONTRACTOR shall pay
Drawings shall not control CONTRACTOR in dividing all charges of utility for connections to the Work, and
the Work among Subcontractors or Suppliers or the CITY shall pay all charges of such utility owners for
GC-15
capital costs related thereto such as plant inN estment assume full responsibility for any damage to any such
fees. land or area, or to the owner or occupant thereof or of
any land or areas contiguous thereto, resulting from the
LAWS AND REGULATIONS: performance of the Work. Should any claim be made
against the CiTY or ENGINEER by any such owner or
6.14.1. CONTRACTOR shall give all occupant because of the performance of the Work,
%)tiees, and comply with, all laws.. ordinances, CONTRACTOR shall promptly attempt to settle w^itla
rules and regulations applicable to fiumishing and such other party by agreement or otherwise resolve the
performance of the Work. Except where claim. CONTRACTOR shall, to the fullest extent
otherwise expressly required by applicable laws, permitted by laws and regulations, indemnify, defend
ordinances, rules and regulations, neither the and hold the CiTY and ENGINEER hannless from and
CITY nor the ENGINEER shall be responsible against all claims, damages, losses and expenses
for monitoring CONTRACTOR'S compliance (including, but not limited to, fees of engineers,
with any Laws,ordinances,rules or regulations. architects, attorneys and other professionals and court
costs) arising directly, indirectly or consequentially out
6.14.2. If CONTRACTOR observes of any action, legal or equitable, brought by any such
that the Specifications or Drawings are at other party against the CiTY or ENGINEER to the
variance with any laws, ordinances, rules or extent based on a claim arising out of
regulations, CONTRACTOR shall give CITY CONTRACTOR'S performance of the Work. This
and ENGINEER prompt, written notice thereof, indemnification provision shall survive the termination
and any necessary changes will be authorized by of this agreement.
one of the methods indicated in Paragraph 3.4. If
CONTRACTOR performs any Work knowing or 6.17. During the progress of the Work,
having reason to know that it is contrary to such CONTRACTOR shall keep the premises free from
laws, ordinances, rules or regulations, and accumulations of waste materials, rubbish and other
without such notice to the CITY and debris resulting from the Work.At the completion of the
ENGINEER, CONTRACTOR shall bear all Work CONTRACTOR shall remove all waste
costs arising therefrom; however, it shall not be materials, rubbish and debris from and about the
CONTRACTOR'S primary responsibility to premises as well as all tools, appliances, construction
make certain that the Specifications and equipment and machinery, and surplus materials, and
Drawings are in accordance with such laws, shall leave the site clean and ready for occupancy by
ordinances,rules and regulations. the CITY. CONTRACTOR shall restore to original
condition all property not designated for alteration by
TAXES: the Contract Documents.
6.15. CONTRACTOR shall pay all sales, 6.18. CONTRACTOR shall not load nor
consumer, use and other similar taxes required to be permit any part of any structure to be loaded in any
paid by CONTRACTOR in accordance with the laws, manner that will endanger the structure, nor shall
ordinances and refntlations of the place of the Project CONTRACTOR subject any part of the Work or
which are applicable during the performance of the adjacent property to stresses or pressures that will
Work. endanger it.
USE OF PREMISES: RECORD DOCUMENTS:
6.16. CONTRACTOR shall confine 6.19. CONTRACTOR shall maintain in
construction equipment, the storage of materials and accordance with the Technical Specifications in a safe
equipment and the operations of workers to the project place at the site one record copy of all Drawings,
site and land and areas identified in and permitted by Specifications,Addenda, Written Amendments,Change
the Contract Documents and other land and areas Orders, Work Directive Changes, Field Orders, and
permitted by laws. ordinances, and regulations, lights-
written interpretations and clarifications (issued
of-way,permits and easements,and shall not reasonably pursuant to paragraph 9.4) in good order and annotated
encumber (lie premises with construction equipment or to show all changes made during construction. The
other materials or equipment. CONTRACTOR shall record documents together with all approved samples
GC-16
and a counterpart of all approx ed Shop Drawings will either of them or anyone for whose acts either of
be available to the ENGINEER for reference. Upon them may be liable, and not attributable, directly
completion of the Work, these record documents, or indirectly, in whole or in part, to the fault or
samples, and Shop Drawings will be delivered to negligence of CONTRACTOR).
ENGINEER for the CiTY. CONTRACTOR'S duties and responsibilities for
the safety and protection of the Work shall
SAFETYAND PROTECTION: continue until suet) time- as all the Work is
completed and ENGINEER has issued a notice
6.20. CONTRACTOR shall be responsible for to the CiTY and CONTRACTOR in accordance
initiating, maintaining and supervising all safety with paragraph 14.13 that the Work is acceptable
precautions and programs in connection with the Work. (except as otherwise expressly provided in
CONTRACTOR shall take all necessary precautions for connection with Substantial Completion).
the safety of, and shall provide the necessary protection
to prevent damage,injury or loss to: The safety provisions of applicable laws and
building and construction codes shall be
6.20.1. All employees on the Work observed and the Contractor shall take or cause
and other persons and organizations who may be to be taken such additional safety and health
affected thereby; measures as the Local Public Agency involved
may determine to be reasonably necessary.
6.20.2. All the Work and materials and Machinery, equipment and all hazards shall be
equipment to be incorporated therein, whether in guarded in accordance with the safety provisions
storage on or oft the site;and of the "Manual of Accident Prevention in
Construction" as published by the Associated
6.20.3. Other property at the site or General Contractors of America, Inc., to the
adjacent thereto, including trees, shrubs, lawns, extent that such provisions are not in conflict
walks, pavements, roadways, structures, utilities with applicable laws.
and Underground Facilities not designated for
removal, relocation or replacement in the course The Contractor shall maintain an accurate record
of construction. CONTRACTOR shall comply of all cases of death, occupational disease, or
with all applicable laws, ordinances, rules and injury requiring medical attention or causing loss
regulations of any public body having of time from work, arising out of an and in the
jurisdiction for the safety of persons or property course of employment on Work under the
or to protect them from damage,injury or loss on Contract. The Contractor shall promptly furnish
or off the Work and shall erect and maintain all the Local Public Agency with reports concerning
necessary safeguards for such safety and these matters.
protection. CONTRACTOR shall notify owners
of adjacent property and of Underground 6.21. CONTRACTOR shall designate a
Facilities and utility owners when prosecution of responsible representative at the site whose duty shall
the Work may affect them, and shall cooperate be the prevention of accidents. This person shall be
with them in the protection, removal, relocation CONTRACTOR'S superintendent unless otherwise
and replacement of their property. All damage, designated in writing by CONTRACTOR to the CITY.
injury or loss to any property referred to in
paragraph 6.20.2 or 6.20.3 caused, directly or EMERGENCIES AND PRECAUTIONS DURING
indirectly, in whole or in part, by ADVERSE WEATHER:
CONTRACTOR, any Subcontractor, Supplier or
any other person or organization directly or 6.22.1. In emergencies affecting the
indirectly employed by any of them to perform safety or protection of persons or the Work or
or furnish any of the Work for anyone for whose property at the site or adjacent thereto.
acts any of them may be liable,shall be remedied CONTRACTOR, without special instruction or
by CONTRACTOR (except damage or loss authorization from ENGINEER or the CiTY, is
attributable to the fault of Drawings or obligated to act to prevent threatened damage,
Specifications or to the acts or omissions of the injury or loss. CONTRACTOR shall give
CITY or the ENGINEER or anyone employed by ENGINEER prompt written notice if
GC-17
CONTRACTOR believes that any significant have been checked by and accompanied by a specific
changes in the Work or variations from the written indication that CONTRACTOR has satisfied
Contract Documents have been caused thereby. CONTRACTOR'S responsibilities under the Contract
if ENGINEER determines that a change in the Documents with respect to the review of the submission
Contract Documents is required because of the and will be identified clearly as to material, Supplier,
action taken in response to an emergency,a Work pertinent data such as catalog numbers and the use for
Directive Change girder-or Change Order will be which intended:
issued to document the consequences of the
changes or variations. 6.25.1. Before submission of each
Shop Drawing or sample CONTRACTOR shall
6.22.2. During adverse weather, and have determined and verified all quantities,
against the possibility thereof, the dimensions, specified performance criteria,
CONTRACTOR shall take all necessary installation requirements, materials, catalog
precautions to ensure that the Work shall be done numbers and similar data with respect thereto
in a good and workmanlike condition and is and reviewed or coordinated each Shop Drawing
satisfactory in all respects. When required, or sample with other Shop Drawings and
protection shall be provided by the use of samples and with the requirements of the Work
tarpaulins, wood and building paper shelters, or and the Contract Documents.
other acceptable means. The CONTRACTOR
shall be responsible for all changes caused by 6.25.2. At the time of each
adverse weather, including unusually high winds submission, CONTRACTOR shall give
and water levels and he shall take such ENGINEER specific written notice of each
precautions and procure such additional variation that the Shop Drawings or samples may
insurance as he deems prudent. The ENGINEER have from the requirements of the Contract
may suspend construction operations at any time Documents, and, in addition shall cause a
when, in his judgment, the conditions are specific notation to be made on each Shop
unsuitable or the proper precautions are not Drawing submitted to ENGINEER for review of
being taken, whatever the weather or water level each such variation.
conditions may be, in any season.
6.26. ENGINEER will review within ten days
SHOP DRAWINGS AND SAMPLES: of receipt thereof, Shop Drawings and samples but
ENGINEER'S review will be only for eonfonnance
6.21 After checking and verifying all field with the design concept of the Project and for
measurements and after complying with applicable compliance with the information given in the Contract
procedures specified in the General Requirements, Documents and shall not extend to means, methods,
CONTRACTOR shall submit to ENGINEER for techniques, sequences or procedures of construction
review in accordance with the accepted schedule of (except where a specific means, method, technique,
Shop Drawing submissions (see paragraph 2.9), sequence or procedure of construction is indicated in or
ordinances, rules and all Shop Drawings which will required by the Contract Documents) or to safety
bear the stamp that CONTRACTOR has satisfied precautions or programs incident thereto. The review
CONTRACTOR'S responsibilities under the Contract of a separate item as such will not indicate review of the
Documents with respect to the review of the assembly in which the item functions. CONTRACTOR
submission. All submissions will be identified as shall make corrections required by ENGINEER, and
ENGINEER may require. The data shown on the Shop shall return the required number of corrected copies of
Drawings will be complete with respect to quantities, Shop Drawings and submit as required new samples for
dimensions, specified performance and design criteria, review. CONTRACTOR shall direct specific attention
materials and similar data to enable ENGINEER to in writing to revisions other than the corrections called
review the information as required. for by ENGINEER on previous submittals.
ENGINEER will review one (1) resubmittal for each
6.24. CONTRACTOR shall also submit to shop drawing or product data. All costs of reviewing
ENGINEER for review and approval with such additional submittals shall be at the CONTRACTOR'S
promptness as to cause no delay in Work, all samples expense.
required by the Contract Documents. All samples will
GC-18
6 27, ENGINEER'S review of Shop Drawings waives it; entitlement, if any, to immunity under
or samples shall not relieve CONTRACTOR from Section 440.11, Florida Statutes. Such obligations
responsibility for any variation from the requirements contained in this provision shall survive termination of
of the Contract Documents unless CONTRACTOR has this Agreement and shall not be limited by the amount
in writing called ENGINEER'S attention to each such of any insurance required to be obtained or maintained
variation at the time of submission as required by under this Agreement
}paragraph_-&25.2-and-F-NGINEF-R-4ias given-written _
approval of each such variation by a specific written Subject to the limitations set forth in this Section,
notation thereof incorporated in or accompanying the Contractor shall assume control of the defense of any
Shop Drawing or sample approval; nor will any review claim asserted by a third party against the City and, in
by ENGINEER relieve CONTRACTOR from connection with such defense, shall appoint lead
responsibility for en-ors or omissions in the Shop counsel, in each case at the Contractor's expense. The
Drawings or from responsibility for having complied City shall have the right, at its option, to participate in
with the provisions of paragraph 6.25.1. the defense of any third party claim, without relieving
Contractor of any of its obligations hereunder. if the
6.23. Where a Shop Drawing or sample is Contractor assumes control of the defense of any third
required by the Specifications, any related Work party claim in accordance with this paragraph, the
performed prior to ENGINEER'S review and Contractor shall obtain the prior written consent of the
acceptance of the pertinent submission will be the sole City before entering into any settlement of such claim.
expense and responsibility of CONTRACTOR. Notwithstanding anything to the contrary in this
Section, the Contractor shall not assume or maintain
CONTINUING THE WORK: control of the defense of any third party claim,but shall
pay the fees of counsel retained by the City and all
6?9. CONTRACTOR shall carry on the Work expenses, including experts' fees, if (i) an adverse
and adhere to the progress schedule during all disputes determination with respect to the third party claim
or disagreements with the CITY. No Work shall be would, in the good faith judgment of the City, be
delayed or postponed pending resolution of any detrimental in any material respect to the City's
disputes or disagreements, except as permitted by reputation; (ii) the third party claim seeks an injunction
paragraph 15.5 or as CONTRACTOR and the CITY or equitable relief against the City; or (iii) the
may otherwise agree in writing. Contractor has failed or is failing to prosecute or defend
vigorously the third party claim. Each party shall
iNDEMNIFiCATION: cooperate, and cause its agents to cooperate, in the
defense or prosecution of any third party claim and
6.30. The parties recognize that the shall furnish or cause to be famished such records and
Contractor is an independent contractor. The information, and attend such conferences, discovery
Contractor agrees to assume liability for and indemnify, proceedings, hearings, trials, or appeals, as may be
hold harmless, and defend the City, its commissioners, reasonably requested in connection therewith. it is
mayor, officers, employees, agents, and attorneys of, further the specific intent and agreement of said parties
from, and against all liability and expense, including that all the Contract Documents on this Project are
reasonable attorney's fees, in connection with any and hereby amended to include the foregoing
all claims,demands,damages, actions,causes of action, indemnification. CONTRACTOR expressly agrees that
and suits in equity of whatever kind or nature,including it will not claim, and waives any claim, that this article
claims for personal injury, property damage, equitable violates Section 725.06, Florida Statutes or are
relief, or loss of use, to the extent caused by the unenforceable pursuant to Section 725.06, Florida
negligence, recklessness, or intentionally wrongful Statutes.
conduct of the Contractor, its agents, officers,
contractors, subcontractors, employees, or anyone else SPII.I.OR DIS(II %R(;V OF 1N kSTENN 1TER OR
utilized by the Contractor in the performance of this RE(.' -%V%IE1)X% TER
Agreement. The Contractor's liability hereunder shall
include all attorney's fees and costs incurred by the City ;I l he (1"[1` 1,1 run antk 1AMk ()uler
in the enforcement of this indemnification provision. II ()r,� t, %,pith (hC I oriii_i Ueh,,rtan�:rrt ol 111v 11wunerrr11
This includes claims made by the employees of the I'l (cl hi M i FU1. 1'( 111�: t1 (lt,u�l t L,tvyJncr k�i
Contractor against the City and the Contractor hereby :Irrklcnn
GC-19
7.1. The CITY may perform other work
related to the Project at the site by the CITY'S own
forces, let other direct contracts therefor which shall
contain General Conditions similar to these. If the fact
that such other work is to be performed was not noted
r in the Contract Documents, written notice thereof will
tv given.to CONTR-AC-TOR-prior ttv stnrtin-any such
other work; and, if CONTRACTOR believes that such
performance will involve additional time and the parties
are unable to agree as to the extent thereof,
CONTRACTOR may make a claim therefor as
provided in Articles l I and 12. if the performance of
additional Work by other Contractor or the CITY is
noted in the Contract Documents, no additional
Al adjustment of time or compensation shall be
considered.
, E` :•;il 7.2. CONTRACTOR shall afford each Utility
" - -- owner and other contractors who are a party to such a
° ! direct contract(or the CITY, if the CITY is performing
the additional work with the CITY'S employees)proper
and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and
- ` equipment and the execution of such work, and shall
properly connect and coordinate the work with theirs.
CONTRACTOR shall do all cutting, fitting and
patching of the Work that may be required to make its
several parts come together properly and integrate with
such other work. CONTRACTOR shall not endanger
any work of others by cutting, excavating or otherwise
i
0116 ;,,,1., altering their work and will only cut or alter their work
with the written consent of the CITY and ENGINEER
" ` ' and the others whose work will be affected. The duties
and responsibilities of CONTRACTOR under this
- paragraph are for the benefit of the CITY and other
contractors to the extent that there are comparable
provisions for the benefit of CONTRACTOR in said
,r Hlifi direct contracts between the CITY and other
contractors.
— u� 7.3. If any part of CONTRACTOR'S Work
depends for proper execution or results upon the work
li: of any such other contractor (or the CITY),
"`l! "I'd t i kc i t `1 l"`- ` CONTRACTOR shall inspect and promptly report to
I"��� ` ` l,ti El t` r',� ° 11'E ``''i`'` ENGINEER in writing any delays, defects or defi-
�,( ,J� (IIe C0ti , 1:Ciik3ti[= >1€�I hw GCc.€i.��€�ti 'will 'Ile
ciencies in such other work that render it unavailable or
(.�� "`I `ll�" L"'` unsuitable for such proper execution and results of
CONTRACTOR'S work. CONTRACTOR'S failure to
ARTICLE 7-OTHER WORK report will constitute an acceptance of the other work as
fit and proper for integration with CONTRACTOR'S
RELATED WORK AT SITE• Work except for latent defects and deficiencies in the
other work.
GC-20
COORDINATION:
7.4. if the CiTY contracts with others for the
performance of other work on the Project at the site, the ARTICLE 9 - ENGINEER'S STATUS DURING
Per on or Organization who will have authority and CONSTRUCTION
responsibility for coordination of the activities among
the various prime contractors will be identified in the
Technical Specifications and the specific matters to be CiTY'S REPRESENTATIVE:
covered by such authority and responsibility will be
itemized, and the extent of such authority and 9.1. The ENGINEER will be the CITY'S
responsibilities will be provided in the Technical representative during the construction period. The
Specifications. Unless otherwise provided in the duties and responsibilities and the limitations of
Technical Specifications, neither the CiTY nor the authority of ENGINEER and the CiTY'S representative
ENGINEER shall have any authority or responsibility during construction are set forth in the Contract
in respect of such coordination. Documents and shall not be extended without written
consent of the CITY and ENGINEER.
ARTICLE 8-THE CITY'S RESPONSIBILITIES
VISITS TO SITE:
8.1. The CITY shall issue all communications
to CONTRACTOR through ENGINEER. 9.2. After written notice to proceed with the
work, the ENGINEER shall make visits to the site at
8.2. in case of termination of the employment intervals appropriate to the various stages of
of ENGINEER, the CITY shall appoint a consultant construction to observe the progress and quality of the
whose status under the Contract Documents shall be executed Work and to determine, in general, if the Work
that of the former ENGINEER_ is proceeding in accordance with the Contract
Documents; he will not be responsible for the con-
9.3. The CiTY shall furnish the data required struction means, methods, procedures, techniques and
of the CiTY under the Contract Documents promptly sequences of construction and he will not be
and shall make payments to CONTRACTOR promptly responsible for the CONTRACTOR'S failure to
after they are due as provided in paragraphs 14.4 and perform the construction Work in accordance with the
14.13. Contract Documents; he will not be responsible for
safety precautions and procedures in connection with
8.4. The CITY'S duties in respect of the Work; and during such visits and on the basis of his
providing lands and easements and providing on-site observations, as an experienced and qualified
engineering surveys to establish reference points are set design professional, he will keep the CITY informed of
forth in paragraphs 4.1 and 4.4. Paragraphs 4.2.1 and the progress of the work, will endeavor to guard the
42.2 refer to the CITY'S identifying and making CiTY against defects and deficiencies in the Work of
available to CONTRACTOR copies of all reports of the Contractor and may reject Work as failing to
explorations and tests of subsurface conditions at the conform to the Contract Documents.
site and in existing structures which have been utilized
by ENGINEER in preparing the Drawings and PROJECT REPRESENTATION:
Specifications.
9.3. A Resident Project Representative may
8.5. The CiTY is obligated to execute Change be assigned to assist ENGINEER in carrying out his
Orders as indicated in paragraph 10.4. responsibilities to CITY at the site. Resident Project
Representative is ENGINEER'S agent at site,will act as
8.6. In connection with the CITY'S right to directed by and under the supervision of ENGINEER,
stop Work or suspend Work, see paragraph 13.10 and and will confer with ENGINEER regarding Resident
15.1. Paragraph 15.2 deals with the CiTY'S right to Representative's actions. Resident Project
terminate services of CONTRACTOR. Representative's dealing in matters pertaining to the on-
site work shall in general be with ENGINEER and
GC-21
CONTRACTOR keeping the CITY advised as 9.3.1.9. Conduct on-site
necessary. Resident Project Representative's dealings observations of the Work in progress to
with subcontractors shalt only be through or with the assist the ENGINEER in determining if
full knowledge and approval of CONTRACTOR, the Work is, in general, proceeding in
Resident Project Representative shall generally accordance with the Contract
communicate with the City with the knowledge of and Documents.
udder the
-direction. 9:3 3-9--R-ep-ort-0_---The
ENGINEER whenever Residential
9.3.1. Resident Project Project Representative believes that any
Representative shall where applicable: Work is unsatisfactory, faulty or
defective or does not conform to the
9.3.1.1. Review the progress Contract Documents, or has been
schedule, schedule of Shop Drawing damaged, or does not meet the
submittals and schedule of values requirements of any inspection, test or
prepared by CONTRACTOR and consult approval required to be made, and advise
with ENGINEER concerning its general the ENGINEER of Work that Resident
acceptability. Project Representative believes should be
uncovered for observation, or requires
9.3.1.2. Attend meetings special testing, inspection or approval.
with CONTRACTOR, such as pre- Nothing herein shall relieve the
construction conferences, progress CONTRACTOR or the ENGINEER
meetings, job conferences and other from the duties imposed by contract.
project-related meetings, and prepare and
circulate copies of minutes thereof. 9.31.10. Verify that tests,
equipment and systems start-ups, and
9.3.1.3. Working principally operating and maintenance training are
through CONTRACTOR'S conducted in the presence of appropriate
superintendent, assist ENGINEER in personnel, and that CONTRACTOR
serving as the CITY'S liaison with maintains adequate records thereof; and
CONTRACTOR, when observe, record and report to the
CONTRACTOR'S operations affect the ENGINEER appropriate details relative
CITY'S on-site operations. to the test procedures and start-ups
9.3.1.4. Assist in obtaining 9.3.1.11. Accompany visiting
from the CITY additional details or inspectors representing public or other
information, when required for proper agencies having jurisdiction over the
execution of the Work. Project, record the results of these
inspections and report to the
9.3.1.5. Record date of ENGINEER.
receipt of Shop Drawings and samples.
9.3.1.12. Report to
9.3.1.6. Receive samples ENGINEER when clarifications and
which are furnished at the site by interpretations of the Contract
CONTRACTOR, and notify the Documents are needed and transmit to
ENGINEER of availability of samples CONTRACTOR clarifications and
for examination. interpretations as issued by the
9.3.1.7. Advise the ENGINEER.
ENGINEER and CONTRACTOR of the
commencement of any Work requiring a 9.3.1.13. Consider- and
Shop Drawing if the submittal has not evaluate CONTRACTOR'S suggestions
been approved by the ENGINEER, for modifications in Drawings or
Specifications and report with Resident
Project Representative's
GC-22
recommendations to the ENGINEER. 9.3.1.20. Report immediately
Transmit to CONTRACTOR decisions as to the ENGINEER and the CITY upon
issued by the ENGINEER. the occurrence of any accident.
9.3.1.14. Maintain at the job 9.3.1.21. Review applications
site orderly files for correspondence, for payment with CONTRACTOR for
reporta of job conferences, Slwp compliance with the established
Drawings and samples, reproductions of procedure for their submission and
original Contract Documents including forward with recommendations to the
all Work Directive Changes, Addenda, ENGINEER, noting particularly the
Change Orders, Field Orders, additional relationship of the payment requested to
Drawings issued subsequent to the the schedule of values, Work completed
execution of the Contract, ENGINEER'S and materials and equipment delivered at
clarifications and interpretations of the the site but not incorporated in the Work.
Contract Documents, progress reports,
and other Project related documents. 9.3.1.22. During the course of
the work, verify that certificates,
9.3.1.t5. Keep a diary or log maintenance and operation manuals and
book, recording CONTRACTOR hours other data required to be assembled and
on the job site, weather conditions, data furnished by CONTRACTOR are
relative to questions of Work Directive applicable to the items actually installed
Changes, Change Orders or changed and in accordance with the Contract
conditions, list of job site visitors, daily Documents, and have this material
activities, decisions, observations in delivered to the ENGINEER for review
general, and specific observations in and forwarding to CITY prior to final
more detail as in the case of observing payment for the Work.
test procedures; and send copies to the
ENGNEER. 9.3.1.23. Before the
ENGINEER issues a Certificate of
9.3.1.16. Record all names, Substantial Completion, submit to
addresses and telephone numbers of the CONTRACTOR a list of observed items
CONTRACTOR, all subcontractors and requiring completion or correction.
major suppliers of material and
equipment. 9.3.1.24. Conduct final
inspection in the company of the
9.3.1.17. Furnish the ENGINEER, the CITY and the
ENGINEER periodic reports as required CONTRACTOR and prepare a final list
of progress of the Work of the of items to be completed or corrected.
CONTRACTOR'S compliance with the
progress schedule and schedule of Shop 9.3.1.25. Observe that all
Drawing and sample submittals. items on final list have been completed
9.3.1.18. Consult with the or corrected and make recommendations
ENGINEER in advance of schedule to the ENGINEER concerning
major tests, inspections or start of acceptance.
important phases of the Work.
9.3.2. The Resident Project
9.3.1.19. Draft proposed Representative shall not:
Change Orders and Work Directive
Changes, obtaining backup material from 9.3.2.1. Authorize any
CONTRACTOR and recommend to the deviation from the Contract Documents
ENGINEER, Change Orders, Work or substitution of materials or equipment.
Directive Changes,and Field Orders.
GC-23
9.3.2.2. Exceed limitations of 9.5. ENGINEER may authorize minor
the ENGINEER'S authority as set forth variations in the Work from the requirements of the
in the Contract Documents. Contract Documents which do not involve an
adjustment in the Contract Price or the Contract Time
9.3.2.3. Undertake any of the and are consistent with the overall intent of the Contract
responsibilities of CONTRACTOR, Documents. These may be accomplished by a field
subcontractors, --or . CONTRACTORS OrJer,and will be binding on the CITY', and ako on
superintendent. CONTRACTOR who shall perform the Work involved
promptly. if CONTRACTOR believes that a Field
9.3.2.4. Advise on, issue Order justifies an increase in the Contract Price or an
directions relative to or assume control extension of the Contract Time and the parties are
over any aspect of the means, methods, unable to agree as to the amount or extent thereof,
techniques, sequences or procedures of CONTRACTOR may snake a claim therefor as
construction unless such advice or provided in Article 11 and 12. The ENGINEER is not
directions are specifically required by the authorized to waive any requirements of this contract or
Contract Documents. to agree to any increase in the contract price or contract
time.
9.3.2.5. Advise on, issue
directions regarding or assume control REJECTING DEFECTIVE WORK:
over safety precautions and programs in
connection with the Work. 9.6. The ENGINEER will have authority to
disapprove or reject Work which ENGINEER believes
9.3.2.6. Accept Shop to be defective or believes to be in non-conformance
Drawing or sample submittals from with the intent of the contract documents, and will also
anyone other than CONTRACTOR. have authority to require special inspection or testing of
the Work as provided in paragraph 13.9,whether or not
9.3.2.7. Authorize the City to the Work is fabricated, installed or completed.
occupy the Project in whole or in part.
SHOP DRAWINGS, CHANGE ORDERS AND
9.3.2.8. Participate in PAYMENTS:
specialized field or laboratory tests or
inspections conducted by others except 9.7. In connection with ENGNEER'S
as specifically authorized by the responsibility for Shop Drawings and samples, see
ENGINEER. paragraphs 6.23 through 6.28 inclusive.
CLARIFICATIONS AND INTERPRETATIONS: 9.8. In connection with ENGINEER'S
responsibilities as to Change Orders, see Article 10, 11,
9.4. The ENGINEER will issue with and 12.
reasonable promptness such written clarifications or
interpretations of the requirements of the Contract 9.9. in connection with ENGINEER'S
Documents (in the form of Drawings or otherwise) as responsibilities in respect of Applications for Payment,
the ENGINEER may determine necessary, which shall etc.,see Article 14.
be consistent with or reasonably inferable from the
overall intent of the Contract Documents. If DETERMINATIONS FOR UNIT PRICES:
CONTRACTOR believes that a written clarification of
interpretation justifies an increase in the Contract Price 9.10. ENGINEER will determine the actual
or an extension of the Contract Time and the parties are quantities and classifications of Unit Price Work
unable to agree to the amount or extent thereof, performed by CONTRACTOR. ENGINEER will
CONTRACTOR may make a claim therefor as review with CONTRACTOR ENGINEER'S
provided in Article I 1 or Article 12. preliminary determinations on such matters before
rendering a written decision thereon (by
AUTHORIZED VARIATIONS OF WORK: recommendation of an Application for Payment or
otherwise). ENGINEER'S written decisions thereon
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will be final and binding upon the CITY or 9.14. Whenever in the Contract Documents the
CONTRACTOR unless, within ten days after the date term "as ordered", "as directed", "as required", "as
of any such decision, either the CITY or allowed", "as approved" or terms of like effect or
CONTRACTOR delivers to the other party to the impost are used, or the adjectives "reasonable",
Agreement and to ENGINEER written notice of "suitable", "acceptable", "proper", or "satisfactory" or
intention to appeal from such a decision. adjectives of the like effect or import are used to
DECISIONS ON DISPUTES: describe,a requirement, direction, review or judgment
of ENGINEER as to the Work, it is intended that such
9.11. The ENGINEER will be the initial requirement, direction, review or judgment will be
interpreter of the requirements of the Contract solely to evaluate the Work for compliance with the
Documents and judge of the acceptability of the Work Contract Documents (unless there is a specific
thereunder. Claims, disputes and other matters relating statement indicating otherwise). The use of any such
to the acceptability of the Work or the interpretation of terns or adjective shall not be effective to assign to
the requirements of the Contract Documents pertaining ENGINEER any duty or authority to supervise or direct
to the performance and furnishing of the Work and the furnishing or performance of the Work or any duty
claims under Article 11 and 12 in respect of changes in or authority to undertake responsibility contrary to the
the Contract Price or Contract Time will be referred provsions of paragraph 9.15 or 9.16.
initially to ENGINEER in writing with a request for a 9.15. ENGINEER will not be responsible for
formal decision in accordance with this paragraph, CONTRACTOR'S means, methods, techniques,
which ENGINEER will render in writing within a sequences or procedures of construction, or the safety
reasonable time. Written notice of each such claim, precautions and programs incident thereto, and
dispute and other matter will be delivered by the ENGINEER will not be responsible to CONTRACTOR
claimant to ENGINEER and the other party to the for CONTRACTOR'S failure to perfonn or furnish the
Agreement promptly(but in no event later than ten(10) Work in accordance with the Contract Documents.
days) after the occurrence of the event giving rise
thereto,and written supporting data will be submitted to 9.16. ENGINEER will not be responsible for
ENGINEER and the other party within thirty(30) days the acts or omissions of CONTRACTOR or of any
after such occurrence unless ENGINEER allows an Subcontractor, any Supplier, or of any other person or
additional period of time to ascertain more accurate organization performing or furnishing any of the Work.
data in support of the claim.
ARTICLE 10-CHANGES IN THE WORK
9.12. When functioning as interpreter and
judge under paragraphs 9.10 and 9.1 I, ENGINEER will -
not show partiality to the CITY or CONTRACTOR. 10.1. Without invalidating the Agreement and
The rendering of a decision by ENGINEER pursuant to without notice to any surety,the CITY may, at any time
paragraphs 9.10 and 9.11 with respect to any such or from time to time, order additions, deletions or
claim, dispute or other matter will be a condition revisions in the Work; these will be authorized by a
precedent to any exercise by the CITY or the Written Amendment, a Change Order, or a Work
CONTRACTOR of such rights or remedies as either Directive Change. Upon receipt of any such document,
may otherwise have under the Contract Documents or CONTRACTOR shall promptly proceed with the Work
by Laws or Regulations in respect of any such claim, involved which will be performed under the applicable
dispute or other matter. conditions of the Contract Documents (except as
LIMITATIONS ON ENGINEER'S otherwise specifically provided).
RESPONSIBILITIES:
10.2. If the CITY and CONTRACTOR are
9.13. Neither ENGINEER'S authority to act unable to agree as to the extent,if any,of an increase or
under this Article 9 or elsewhere in the Contract decrease in the Contract Price or an extension or
Documents nor any decision made by ENGINEER shortening of the Contract Time that should be allowed
either to exercise or not exercise such authority shall as a result of a Work Directive Change, a claim may be
give rise to any duty or responsibility of ENGINEER or made therefore as provided in Article I 1 or Article 12.
CONTRACTOR, any Subcontractor, any Supplier, or
any other person or organization performing any of the 10.3. CONTRACTOR shall not be entitled to
Work,or to any surety for any of them. an increase in the Contract Price or an extension of the
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Contract Time with respect to any Work performed that time, ;hall be governed by the ordinances of the City of
is not required by the Contract Documents as amended, Largo,
modified and supplemented as provided in paragraphs
3.4 and 3,5, except in the case of an emergency as
provided in paragraph 6.22.1 and except in the case of
uncovering Work as provided in paragraph 13.9. ARTICLE l I -CHANGE OF CONTRACT PRICE
0,4.- The CITY and CONTRACTOR- shall
execute appropriate Change Orders (or Written
Amendments)covering: 11.1. The Contract Price constitutes the total
compensation (subject to authorized adjustments)
10.4.1. Changes in the work which are payable to CONTRACTOR for performing the Work,
ordered by the CITY pursuant to paragraph 10.1, All duties, responsibilities and obligations assigned to
are required because of acceptance of defective or undertaken by CONTRACTOR shall be at his
Work under paragraph 13.13 or correcting expense without change in the Contract Price.
defective Work under paragraph 13.14, or are
agreed to by the parties. 11.2. The Contract Price may only be changed
by a Change Order or by a Written Amendment. Any
10.4.2. Changes in the Contract Price claim for an increase or decrease in the Contract Price
or Contract Time which are agreed to by the shall be based on written notice delivered by the party
parties; making the claim to the other party and to ENGINEER
promptly (but in no event later than ten (10)days) after
10.4.3. Changes in the Contract Price the occurrence of the event giving rise to the claim and
or Contract Time which embody the substance of stating the general nature of the claim. Notice of the
any written decision rendered by ENGINEER amount of the claim with supporting data shall be
pursuant to paragraph 9.11; provided that, in lieu delivered within thirty (30) days after such occurrence
of executing any such Change Order, an appeal (unless ENGINEER allows an additional period of time
may be taken from any such decision in to ascertain more accurate data in support of the claim)
accordance with the provision of the Contract and shall be accompanied by claimant's written
Documents and applicable Laws and statement that the amount claimed covers all known
Regulations, but during any such appeal, amounts (direct, indirect and consequential) to which
CONTRACTOR shall cant' on the Work and the claimant is entitled as a result of the occurrence of
adhere to the progress schedule as provided in said event. All claims for adjustment in the Contract
paragraph 6.29. Price shall be determined by ENGINEER in accordance
with paragraph 9.11 if the CITY and CONTRACTOR
10.5. It is distinctly agreed and understood that cannot otherwise agree on the amount involved. No
any changes made in the Contract Documents for this claim for an adjustment in the Contract Price will be
Work (whether such changes increase or decrease the valid if not submitted in accordance with this paragraph
amount thereof)or any change in the manner or time of
payments or time of performance made by the CITY to
the CONTRACTOR shall in no way annul, release or 11.3. The value of any Work covered by a
affect the liability and surety on the Bonds given by the Change Order or of any claim for an increase or
CONTRACTOR. If notice of any change affecting the decrease in the Contract Price shall be determined in
general scope of the Work or the provisions of the one of the following ways:
Contract Documents (including, but not limited to,
Contract Price or Contract Time) is required by the 11.3.1. Where the Work involved is
provisions of any bond to be given to a surety, the covered by unit prices contained in the Contract
giving of any such notice will be CONTRACTOR'S Documents, by application of unit prices to the
responsibility,and the amount of each applicable Bond quantities of the items involved (subject to the
will be adjusted accordingly. provisions of paragraphs 11.9.1. through 11.9.3.
inclusive).
10.6. Notwithstanding, anything to the
contrary contained within the contract documents, all 11.3.2. By mutual acceptance of a
change orders involving additional cost or extensions of lump sum (which shall include an allowance for
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overhead and profit in accordance with CONTRACTOR shall make provisions so that
paragraph 11.6.2.1). they may be obtained.
11.3.3. On the basis of the Cost of the 11.4.3. Payments made by
Work (determined as provided in paragraphs 11.4 CONTRACTOR to the Subcontractors for Work
and 11.5) plus a CONTRACTOR'S Fee for performed by Subcontractors. if required by the
overhead,and profit(determined as provided in Ci'TY, CONTRACTOR shall obtafn`competitive
paragraphs 11.6 and 11.7). bids from Subcontractors acceptable to
CONTRACTOR and shall deliver such bids to
COST OF THE WORK: the CiTY who will then determine, with the
advice of the ENGINEER, which bids will be
11.4. The term Cost of the Work means the accepted. If a subcontract provides that the
sum of all costs necessary incurred and paid by Subcontractor is to be paid on the basis of Cost
CONTRACTOR in the proper performance of the of the Work Plus a Fee, the Subcontractor's Cost
Work. Except as otherwise may be agreed to in writing of the Work shall be determined in the same
by the CiTY,such costs shall be in amounts no higher manner as CONTRACTOR'S Cost of Work. All
than those prevailing in the locality of the Project,shall subcontracts shall be subject to the other
include only the following items and shall not include provisions of the Contract Documents insofar as
any of the costs itemized in paragraph 11.5: applicable.
11.4.1. Payroll costs for employees in 11.4.4. Costs of special consultants
the direct employ of CONTRACTOR in the (including but not limited to engineers,
performance of the Work under schedules of job architects, testing laboratories, surveyors,
classification agreed upon by the CITY and attorneys and accountants)employed for services
CONTRACTOR. Payroll costs for employees specifically related to the Work.
not employed full time on the Work shall be
apportioned on the basis of their time spent on 11.4.5. Supplemental costs include the
the Work. Payroll costs shall include, but not be following:
limited to, salaries and wages plus the cost of
fringe benefits which shall include social security 11.4.5.1. Cost, including
contributions, unemployment, excise and payroll transportation and maintenance, of all
taxes, workers' or workmen's compensation, materials, supplies, equipment,
health and retirement benefits, sick leave, machinery, appliances, office and
vacation and holiday pay applicable thereto. temporary facilities at the site and tools
Such employees shall include superintendents not owned by the workers, which are
and foremen at the site. The expenses of consumed in the performance of Work,
performing Work after regular working hours,on and cost less market value of such items
Saturday, Sunday or legal holidays, shall be used but not consumed which remain the
included in the above to the extent authorized by property of CONTRACTOR.
the CiTY. 11.4.5.2. Rentals of all
construction equipment and machinery
11.4.2. Cost of all materials and and the parts thereof whether rented from
equipment furnished and incorporated in the CONTRACTOR or others in accordance
Work, including costs of transportation and with rental agreements approved by the
storage thereof, and Suppliers' field services CITY with the advice of ENGINEER,
required in connection therewith. All cash and the costs of transportation, loading,
discounts shall accrue to CONTRACTOR unless unloading, installation, dismantling and
the CITY deposits funds with CONTRACTOR removal thereof-all in accordance with
with which to make payments, in which case the terms of said rental agreements. The
cash discounts shall accrue to the CITY. All rental of any such equipment, machinery
trade discounts, rebates and refunds and all or parts shall cease when the use thereof
returns from sale of surplus materials and is no longer necessary for the Work. For
equipment shall accrue to the CITY, and special equipment and machinery such as
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power driven pumps, concrete mixers, branch office for general administration of the
tracks, front end loaders, backhoes, and Work and not specifically included in the agreed
tractors, or other equipment, required for upon schedule ofjob classifications referred to in
the economical performance of the paragraph 11.4.1 or specifically covered by
authorized Work, the CONTRACTOR paragraph 11.4.4 -- all of which are to be
shall receive payment based on the considered administrative costs covered by the
weekly rate divided by 40 to arrive at an CONTRACTOR'S Kee.
hourly cost. The weekly rate shall be
from the latest edition of the Rental Rate 11.5.2. Expenses of CONTRACTOR'S
blue book for Construction Equipment, principal and branch offices other than
published by Equipment Guide Book CONTRACTOR'S office at the site.
Co., reduced by 25 percent. Equipment 11.5.3. Any part of CONTRACTOR'S
cost shall be calculated based upon the capital expenses, including interest on
actual time the equipment is used in the CONTRACTOR'S capital employed for the
Work. If said Work required the use of Work and charges against CONTRACTOR for
machinery not on the Work or not to be delinquent payments.
used on the Work, the cost of
transportation, not exceeding a distance 11.5.4. Cost of premiums for all
of one hundred (100) miles, of such Bonds and for all Insurance whether or not
machinery to and from the Work shall be CONTRACTOR is required by the Contract
added to the fair rental rate; provided, Documents to purchase and maintain the same
however, that this shall not apply to (except for the cost of premiums covered by sub-
machinery or equipment already required paragraph 11.4.5.6 above).
to be furnished under the terns of the
Contract. 11.5.5. Costs due to the negligence or
intentional acts of the CONTRACTOR, any
11.4.5.3. Sales, consumer, use Subcontractor,or anyone whose acts any of them
or similar taxes related to the work and may be liable, including but not limited to, the
for which CONTRACTOR is liable, correction of defective Work, disposal of
imposed by laws and regulations. materials or equipment wrongly supplied and
making good any damage to property.
11.4.5.4. Royalty payments
and fees for permits and licenses. 11.5.6. Other overhead or general
expense costs of any kind and the costs of any
11.4.5.5. The site costs of item not specifically and expressly included in
utilities,fuel and sanitary facilities. paragraph 11.4.
11.4.5.6. Cost of premiums CONTRACTOR'S FEE:
for additional bonds and insurance
required because of changes in the Work. 11_6. The CONTRACTOR'S Fee allowed to
CONTRACTOR for overhead and profits shall be
11.5. The tern Cost of the Work shall not determined as follows:
include any of the following:
11.6.1. A mutually acceptable fixed
11.5.1. Payroll costs and other fee;or if none can be agreed upon,
compensation of CONTRACTOR'S officers,
executives, principals (of partnership and sole 11.6.2. A fee based on the following
proprietorships), general managers, engineers, percentages of the various portions of the Cost of
architects, estimators, attorneys, auditors, the Work:
accountants, purchasing and contracting agents,
expeditors, timekeepers, clerks and other 11.6.2.1. The cost allowance
personnel employed by CONTRACTOR whether for overhead and profit shall not exceed
at the site or in CONTRACTOR'S principal or a fifteen percent (15%) of the net cost. If
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the work is done by a Subcontractor, he
may add ten percent(10%)of his net cost 11.8.2, CONTRACTOR'S costs for
for overhead and profit and the unloading and handling on the site, labor,
Contractor may add five percent (5%) of installation costs, overhead, profit and other
the net cost for overhead and profit. If expenses contemplated for the allowances have
all the work is done by the Contractor, he been included in the Contract Price and not in the
may.add fifteen percent (I P,,n)of ther net allowances: No demand for addicitynnl-paytv*ht
cost for overhead and profit; on account of any thereof will be valid.
11.6.2.2. See Article 11.6.2.1; Prior to final payment, an appropriate
Change order will be issued as recommended by
11.6.2.3. No fee shall be ENGINEER to reflect actual amounts due
payable on the basis of costs itemized CONTRACTOR on account of Work covered by
under paragraphs 11.4.4, 11.4.5 and 11.5; allowances, and the Contract Price shall be
correspondingly adjusted.
11.6.2.4. The amount of credit
to be allowed by CONTRACTOR to the UNIT PRICE WORK:
CITY for any such change which results
in a net decrease in cost will be the 11.9.1. Where the Contract
amount of the actual net decrease plus a Documents provide that all or part of the Work is
deduction in CONTRACTOR'S Fee by to be Unit Price Work, initially the Contract Price
an amount equal to ten percent of the net will be deemed to include for all Unit Price Work
decrease,and an amount equal to the stun of the established
unit prices for each separately identified item of
11.6.2.5. When both additions Unit Price Work times the estimated quantity of
and credits are involved in any one each item as indicated in the Agreement. The
change, the adjustment in estimated quantities of items of Unit Price Work
CONTRACTOR'S Fee shall be are not guaranteed and are solely for the purpose
computed on the basis of the net change of comparison of Bids and determining an initial
in accordance with paragraphs 11.6.2.1 Contract Price. Determinations of the actual
through 11.6.2.4, inclusive. quantities and classifications of Unit Price Work
performed by CONTRACTOR will be made by
11.7. Whenever the cost of any Work is to be ENGINEER in accordance with Paragraph 9.10.
detennined pursuant to paragraph 11.4 or 11.5,
CONTRACTOR will submit in form acceptable to 11.9.2. Each unit price will be deemed
ENGINEER an itemized cost breakdown together with to include an amount considered by
supporting data. CONTRACTOR to be adequate to cover
CONTRACTOR'S overhead and profit for each
CASH ALLOWANCES: separately identified item.
11.8. It is understood that CONTRACTOR has 11.9.3. Where the quantity of any
included in the Contract Price all allowances so named item of Unit Price Work performed by
in the Contract Documents and shall cause the Work so CONTRACTOR differs materially and
covered to be done by such Subcontractors or Suppliers significantly from the estimated quantity of such
and for such sums within the limit of the allowances as item indicated in the Agreement and there is no
may be acceptable to the ENGINEER,CONTRACTOR corresponding adjustment with respect to any
agrees that: other item of Work and if CONTRACTOR
believes that CONTRACTOR has incurred
11.8.1. The allowances include the additional expense as a result thereof,
cost to CONTRACTOR (less any applicable CONTRACTOR may make a claim for an
trade discounts) of materials and equipment increase in the Contract Price in accordance with
required by the allowances to be delivered at the Article 11 if the parties are unable to agree as to
site,and all applicable taxes;and the amount of any such increase.
GC-29
events beyond the control of CONTRACTOR if a claim
OMITTED WORK: is made thereof as provided in paragraph 12.1. Such
events shall include,but not be limited to acts or neglect
11.10. The City may at any time, by written by the CiTY or others performing additional work as
order, without Notice to the Sureties, require omission contemplated by Article 7, or to fires, floods, labor
of such contract work as it may find necessary or disputes, epidemics, abnormal weather conditions or
desirable. :An order for omission of work shall be valid aLts of Go& if abnormal weather turd tiorts ttre the
only by an executable change order. All work so basis for a Claim for additional time, such Claim shall
ordered must be omitted by the CONTRACTOR. The be submitted within 30 days of occurrence and shall be
amount by which the contract price shall be reduced documented by data substantiating that weather
shall be determined as follows: conditions were abnormal for the period of time
required for completion of the Work and could not have
11.10.1. By such applicable unit prices, been reasonably anticipated and that weather conditions
or rates for work of a similar nature or character had an adverse effect on the scheduled construction.
as set forth in the contract;or,
12.3 All time limits stated in the Contract
11.10.2. By the appropriate lump sum Documents are of the essence of the Agreement. The
price set forth in the Contract;or, provisions of this Article 12 shall not exclude recovery
for damages (including but not limited to fees and
11.10.3. By the reasonable and fair charges of engineers, architects, attorneys and other
estimated cost of such omitted work as professionals and court costs)for delay by either party.
determined by the CONTRACTOR and the 12.4 The CONTRACTOR shall not be entitled
ENGINEER, and approved by the CiTY. to any claim for damages on account of hindrances or
delays in construction from any cause whatsoever but if
ARTICLE 12-CHANGE OF CONTRACT TIME occasioned by any act of God,or by any act or omission
on the part of the CITY, such act, hindrance or delay
may entitle the CONTRACTOR to an extension of time
12.1. The Contract Time may only be changed in which to complete the work, provided that the
by a Change Order or a Written Amendment. Any CONTRACTOR gives notice in writing of the cause of
claim for an extension or shortening of the Contract such act, hindrance or delay within ten days after its
time shall be based on written notice delivered by the occurrence to the CITY. This paragraph shall include
party making the claim to the other party and to but not be limited to any actions which result in delays
ENGINEER promptly (but in no event later than ten in scheduling, substantial changes in scope or wok or
days) after the occurrence of the event giving rise to the substantial increases in the cost of performing the work
claim and stating the general nature of the claim. under the Contract Documents
Notice of the extent of the claim with supporting data
shall be delivered within thirty days after such ARTICLE 13 - WARRANTY AND GUARANTEE:
occurrence (unless ENGINEER allows an additional TESTS AND INSPECTIONS, CORRECTION,
period of time to ascertain more accurate data in REMOVAL OR ACCEPTANCE OF DEFECTIVE
support of the claim) and shall be accompanied by the
claimant's written statement that the adjustment claimed WORK
is the entire adjustment to which the claimant has
reason to believe it is entitled as a result of the
occurrence of said event. All claims for adjustment of WARRANTY AND GUARANTEE:
the Contract Time shall be determined by ENGINEER
in accordance with paragraph 9.11 if the CITY and 13.1. CONTRACTOR warrants and guarantees
CONTRACTOR cannot otherwise agree. No claim for to the CITY and ENGINEER that all Work will be
an adjustment in the Contract Time will be valid if not constructed in accordance with the Contract
submitted in accordance with the requirements of this Documents. Prompt notice of all defects shall be given
paragraph 12.1. to CONTRACTOR. All defective Work,whether or not
in place, may be rejected, corrected or accepted as
12.2. The Contract Time will be extended in an provided in Article 13. The guarantee shall remain in
amount equal to time lost due to delays caused by effect for one year from the date of final acceptance
GC-30
unless a longer period is specified. The CITY shall give 13.6. If any Work (iucludin- the work of
notice of observed defects with reasonable promptness. others) that is to be inspected, tested orapproved is
Unremedied detects identified for correction during the covered without written concurrence of ENGINEER, it
guarantee period but remaining after its expiration shall must, if requested by ENGINEER, be uncovered for
be considered as part of the obligations of the observation. Such uncovering shall be at
guarantee. Defects in material, workmanship or CONTRACTOR'S expense unless CONTRACTOR has
equipmcut which are-remedied as a result of obligations given ENGINEER tirnely notice of--CONTRACT(RIS
of the guarantee shall subject the remedied portion of intention to cover the same and ENGINEER has not
the work to an extended guarantee period of one year acted with reasonable promptness in response to such
after the defect has been remedied. The Surety shall be notice.
bound with and for the Contractor in the Contractor's
faithful observance of the guarantee. 13.7. Neither observations by ENGINEER nor
inspections, tests or approvals by others shall relieve
ACCESS TO WORK: CONTRACTOR from CONTRACTOR'S obligation's
to perform the Work in accordance with the Contract
13.2. ENGINEER'S and ENGINEER'S Documents.
representatives, other representatives of the CITY,
testing agencies and governmental agencies with UNCOVERING WORK:
jurisdictional interests will have access to the Work at
reasonable times for their observation, inspecting and 13.8. If any Work is covered contrary to the
testing. CONTRACTOR shall provide proper and safe request of ENGINEER, it must, if requested by
conditions for such access. ENGINEER, be uncovered for ENGINEER'S
observation and replaced, at CONTRACTOR'S
TESTS AND INSPECTIONS: expense.
13.3. CONTRACTOR shall give ENGINEER 13.9 If ENGINEER considers it necessary or
timely notice of readiness of the Work for all required advisable that covered Work be observed by
inspections,tests or approvals. ENGINEER or inspected or tested by others,
CONTRACTOR, at ENGINEER'S request shall
13.4. If Laws or Regulations of any public uncover, expose or otherwise make available for
body having jurisdiction require any Work (or part observation, inspection or testing as ENGINEER may
thereof)to specifically be inspected,tested or approved, require, that portion of the Work in question, furnishing
CONTRACTOR shall assume full responsibility all necessary labor, material and equipment. If it is
therefor, pay all costs in connection therewith and found that such Work is defective. CONTRAC'rOR
furnish ENGINEER the required certificates of shall bear all direct, indirect and consequential costs of
inspection, testing or approval. CONTRACTOR shall such uncovering, exposure, observation, inspection and
also be responsible for and shall pay all costs in testing and of satisfactory reconstruction,(including but
connection with any inspection or testing required in not limited to fees and charges of engineers, architects,
connection with the CITY'S or ENGINEER'S attorneys and other professionals), and the CITY shall
acceptance of a Supplier of materials or equipment be entitled to an appropriate decrease in the Contract
proposed to be incorporated in the Work,or of materials Price, and, if the parties are unable to agree as to tine
or equipment submitted for approval prior to amount thereof,may make a claim therefor as provided
CONTRACTOR'S purchase thereof for incorporation in in Article 11. If, however,such Work is not found to be
the Work. The cost of all inspections, tests, and defective, CONTRACTOR shall be allowed an increase
approvals in addition to the above which are required in the Contract Price or an extension of the Contract
by the Contract Documents shall be paid as specified in time, or both, directly attributable to such uncovering,
the Contract Documents. exposure, observation, inspection, testing and
13.5. All inspections, tests or approvals other reconstruction; and if the parties are unable to agree as
than those required by Laws or Regulations of any to the amount or extent thereof. CONTRACTOR may
public body having jurisdiction shall be performed by make a claim therefor as provided in Article I 1 and 12.
organizations acceptable to the CITY (or by
ENGINEER if so specified). CITY MAY STOP THE WORK:
GC-31
13.10. If the Work is defective, or Amendment. Nothing herein shall be deemed a waiver
CONTRACTOR fails to supply sufficient skilled of the statute of limitations as provided in Florida Law.
workers or suitable materials or equipment, or fails to 13.13. If instead of requiring correction or
furnish or perform the Work in such a way that the removal and replacement of defective Work, the CITY
completed Work will conform to the Contract (and prior to ENGINEER'S recommendation of final
Documents, the CITY may order CONTRACTOR to payment) prefers to accept it, the CITY may do so.
atop the Wcork,.oc_aay puruon dwreof utitiI the ctuyc fjr CONTRACTOR ,;hall tear all direct. indirect _end
such order has been eliminated; however, this right of consequential costs attributable to the CITY'S
the CITY to stop the Work shall not give rise to any evaluation of and determination to accept such
duty on the part of the CITY to exercise this right for defective Work (such costs to be approved by
the benefit of CONTRACTOR or any other party. ENGINEER as to reasonableness and to include but not
be limited to fees and charges of engineers, architects,
CORRECTION OR REMOVAL OF DEFECTIVE attorneys and other professionals). If any such
WORK: acceptance occurs prior to ENGINEER'S
recommendation of final payment, a Change Order will
13.11. If required by ENGINEER, be issued incorporating the necessary revisions in the
CONTRACTOR shall promptly, as directed, either Contract Documents with respect to the Work; and the
correct all defective Work, whether or not fabricated, CITY shall be entitled to an appropriate decrease in the
installed or completed, or,if the Work has been rejected Contract Price, and, if the parties are unable to agree as
by ENGINEER, remove it from the site and replace it to the amount thereof, the CITY may make a claim
with non-defective Work. CONTRACTOR shall bear therefor as provided in Article 11. If the acceptance
all direct, indirect, and consequential costs of such occurs after such recommendation, an appropriate
correction or removal (including but not limited to fees amount will be paid by CONTRACTOR to the CITY.
and charges of engineers,architects,attorneys and other
professionals)made necessary thereby. CITY MAY CORRECT DEFECTIVE WORK:
ONE YEAR CORRECTION PERIOD- 13.14. If CONTRACTOR fails within thirty
days(30)after written notice of ENGINEER to proceed
13.12. If within one year after the date of to correct and to correct defective Work or to remove
Substantial Completion or such longer period of time as and replace rejected Work as required by ENGINEER
may be prescribed by Laws or Regulations or by the in accordance with paragraph 13,11, or if
terms of any applicable special guarantee required by CONTRACTOR fails to perform the Work in
the Contract Documents or by any specific provision of accordance with the Contract Documents, or if
the Contract Documents, any Work is found to be CONTRACTOR fails to comply with any other
defective, CONTRACTOR shall promptly,without cost provision of the Contract Documents, the CITY may,
to the CITY and in accordance with the CITY'S written after seven days written notice to CONTRACTOR,
instructions, either correct such defective Work, or, if it correct and remedy any such deficiency. In exercising
has been rejected by the CITY,remove it from the site the rights and remedies under this paragraph the CITY
and replace it with non-defective Work. If shall proceed expeditiously. To the extent necessary to
CONTRACTOR does not promptly comply with the complete corrective and remedial action,the CITY may
terms of such instructions or in an emergency where exclude CONTRACTOR from all or part of the site,
delay would cause serious risk of loss or damage, the take possession of all or part of the Work, and suspend
CITY may have the defective Work corrected or the CONTRACTOR'S services related thereto, take
rejected Work removed and replaced, and all direct, possession of CONTRACTOR'S tools, appliances,
indirect and consequential costs of such removal and construction equipment and machinery at the site and
replacement (including but not limited to fees and incomplete in the Work all materials and equipment
charges of engineers, architects, attorneys and other stored at the site or for which the CITY has paid
professionals) will be paid by CONTRACTOR. In CONTRACTOR but which are stored elsewhere.
special circumstances where a particular item of CONTRACTOR shall allow the CITY, the CITY'S
equipment is placed in continuous service before representative, agents and employees such access to the
Substantial Completion of all the Work, the correction site as may be necessary to enable the CITY to exercise
period for that item may start to run from an earlier date the rights and remedies under this paragraph. All direct,
if so provided in the Specifications or by Written indirect and consequential costs of the CITY in
GC-32
exercising such rights and remedies will be charged insurance and other arrangements to protect the CITY'S
against CONTRACTOR in an amount approved as to interest therein, all of which shall be satisfactory to the
reasonableness by ENGINEER, and a Change Order CITY. The amount of retainage with respect to progress
will be issued incorporating the necessary revisions in payments will be as stipulated in the Agreement. When
the Contract Documents with respect to the Work; and applicable, the amount of retainage withheld and the
the CITY shall be entitled to an appropriate decrease in schedule for release/payment of any retainage shall be
tltc Contract Mee.and,if the parties are-unable.to agree in accordance with the procedures outtirtcd in S'ertioff
as to the amount thereof, the CITY may make a claim 218.735(8)(a),Florida Statutes. Unless otherwise stated
therefor as provided in Article 11. Such direct, indirect in the Agreement, the term '150-percent completion"
and consequential costs will include but not be limited shall defined as set forth in Section 218.735(8)(b),
to fees and charges of engineers, architects, attorneys Florida Statutes.
and other professionals, all court costs and all costs of
repair and replacement of work of other destroyed or CONTRACTOR'S WARRANTY OF TITLE:
damaged by correction, removal or replacement of
CONTRACTOR'S defective Work. CONTRACTOR 14.3. CONTRACTOR warrants and guarantees
shall not be allowed an extension of the Contract Time that title to all Work, materials and equipment covered
because of any delay in perfonnance of the Work by any Application for Payment, whether incorporated
attributable to the exercise by the CITY of the CITY'S in the Project or not,will pass to the CITY no later than
rights and remedies hereunder. the time of payment free and clear of Liens.
ARTICLE 14 - PAYMENTS TO CONTRACTOR REVIEW OF APPLICATIONS FOR PROGRESS
AND COMPLETION PAYMENT:
14.4. ENGINEER will, within ten days after
SCHEDULE OF VALUES: receipt of each Application for Payment, either indicate
14.1. The schedule of values established as in writing a recommendation of payment and present
provided in paragraph 2.9 will serve as the basis for the Application to the CITY,or return the Application to
progress payments and will be incorporated into a form CONTRACTOR indicating in writing ENGINEER'S
of Application for Payment acceptable to ENGINEER. reason, for refusing to recommend payment. In the
Progress payments on account of Unit Price Work will latter case, CONTRACTOR may make necessary
be based on the number of units completed. corrections and resubmit the Application. Thirty days
after receipt of the Application for Payment by the City
APPLICATION FOR PROGRESS PAYMENTS: with ENGINEER'S recommendation, the amount
recommended will (subject to the provisions of the last
14.2. Unless otherwise prescribed by law, at sentence of paragraph 14.7)become due and when due
the end of each month, the CONTRACTOR shall will be paid by the CITY to CONTRACTOR.
submit to the Engineer- for review, an Application for 14.5. ENGINEERS recommendation of any
Progress Payment filled out and signed by the payment requested in the Application for Payment shall
CONTRACTOR covering the Work completed as of the not prohibit the City from withholding payment or
date of the Application and accomplished by such prohibit the City from paying additionally sums
supporting documentation as is required by the Contract regarding other matters or issues between the parties.
Documents. if payment is requested on the basis of
materials and equipment not incorporated in the Work 14.6. ENGINEER'S recommendation of final
but delivered and suitably stored at the site or at another payment will constitute an additional representation by
location agreed to in writing, the Application for ENGINEER to the CITY that the conditions precedent
Progress Payment shall also be accompanied by a Bill to CONTRACTOR'S being entitled to final payment as
of Sale, paid invoice, or other documentation set forth in paragraph 14.13 have been fulfilled.
warranting that the CONTRACTOR has received the
materials and equipment free and clear of all liens, 14.7. ENGINEER may refuse to recommend
charges, security interests, and encurnbrances (which the whole or any part of any payment if, in
are hereinafter in these General Conditions referred to ENGINEER'S opinion, it would be incorrect to make
as "Liens") and evidence that the materials and such representations to the CITY. The ENGINEER
equipment are covered by appropriate property may also refuse to recommend any such payment, or,
GC-33
because of subsequently discovered evidence or the CONTRACTOR, which shall fix the Date of
results of subsequent inspections or tests, nullify any Substantial Completion.
such payment previously recommended, to such extent 14,9. The CITY shall have the right to exclude
as may be necessary in ENGNEER'S opinion to protect CONTRACTOR from the Work after the date of
the CITY from loss,including but not limited to: Substantial Completion, but the CITY shall allow
CONTRACTOR reasonable access to complete or
-14.7:, The Work is defective; or correct items on the"punch lint'
completed Work has been damaged requiring PARTIAL UTILIZATION:
correction or replacement.
14.7.2. The Contract Price has been 14.10. Use by the CITY of any finished part of
reduced by Written Amendment or Change the Work, which has specifically been identified in the
Order. Contract Documents, or which the CITY, ENGINEER
and CONTRACTOR agree constitutes a separately
14.7.3. The CITY has been required to functioning and useable part of the Work that can be
correct defective Work or complete Work in used by the CITY without significant interference with
accordance with paragraph 13.14,or CONTRACTOR'S performance of the remainder of the
Work, may be accomplished prior to Substantial
14.7.4. Of ENGINEER'S actual Completion of all Work subject to the following:
knowledge of the occurrence of any of the events
enumerated in paragraphs 15.2.1 through 15.2.9 14.10.1. The CITY at any time may
inclusive. request CONTRACTOR in writing to permit the
CITY to use any such part of the Work which the
14.7.5 The CITY may refuse to make CITY believes to be ready for its intended use
payment of the full amount recommended by the and substantially complete. If CONTRACTOR
ENGINEER because claims have been made agrees, CONTRACTOR will certify to the CITY
against the CITY on account of and ENGINEER that said part of the Work is
CONTRACTOR'S performance or furnishing of substantially complete and request ENGINEER
the Work, or there are other items entitling the to issue a certificate of Substantial Completion
CITY to credit against the amount recommended, for that part of the Work. CONTRACTOR at
but the CITY must give CONTRACTOR written any time may notify the CITY and ENGINEER
notice (with a copy to ENGINEER) stating the in writing that CONTRACTOR considers any
reasons for such action. such part of the Work ready for its intended use
and substantially complete and request
SUBSTANTIAL COMPLETION: ENGINEER to issue a certificate of Substantial
Completion for that part of the Work. Within a
14.8. When the CONTRACTOR considers the reasonable time after either such request, the
entire Work ready for its intended use, the CITY, CONTRACTOR and ENGNEER shall
CONTRACTOR shall notify the CITY and the make an inspection of that part of Work to
ENGINEER in writing that the Work is substantially determine its status of completion. If
complete and request that the ENGINEER prepare a ENGINEER does not consider that part of the
Certificate of Substantial Completion. Within a Work to be substantially complete, ENGINEER
reasonable time thereafter, the CITY, the ENGINEER will notify the CITY and CONTRACTOR in
and the CONTRACTOR shall make an inspection of writing giving the reasons therefor. If
the Work to determine the status of completion. If the ENGINEER considers that part of the Work to be
ENGINEER does not consider the Work substantially substantially complete, the provisions of
complete, (it is not ready for its intended use) the paragraphs 14.8 and 14.9 will apply with respect
ENGINEER shall notify the CONTRACTOR in writing to certification of Substantial Completion of that
giving the reasons therefor. If the ENGINEER part of the Work and the division of
considers the Work to be substantially complete, the responsibility in respect thereof and access
ENGINEER will prepare and deliver to the CITY for its thereto.
execution and recordation the Certificate of Substantial
Completion signed by the ENGINEER and 14.10.2. The CITY may at any time
request CONTRACTOR in writing to permit the
GC-34
CITY to take ocer operation of any such part of as required by the Contract Documents, and after
the Work although it is not substantially ENGINEER has indicated in writing that the Work is
complete. A copy of such request will be sent to acceptable and has been completed in conformance
ENGINEER and within a reasonable time with the drawings and specifications and any approved
thereafter the CITY, CONTRACTOR and changes thereto, CONTRACTOR may make
ENGINEER shall make an inspection of that part application for final payment following the procedure
rk to determine itsstams'of'conijpleti-on for progress payrireiit�. Tic final Application for
and will prepare a list of items remaining to be Payment shall be accompanied by all documentation
completed or corrected thereon before final called for in the Contract Documents.
payment. If CONTRACTOR does not object in
writing to the CITY and ENGINEER that such FINAL PAYMENT AND ACCEPTANCE:
part of the Work is not ready for separate
operation by the CITY,ENGINEER will finalize 14.13. Upon receipt of written notice from the
the list of items to be completed or corrected and CONTRACTOR that the Work has been completed in
will deliver such list to the CITY and confonnity with the Drawings and Specifications and
CONTRACTOR together with a written any approved changes thereto, and receipt of the Final
recommendation as to the division of Application for Payment and accompanying
responsibilities pending final judgment between documentation, the ENGINEER shall promptly
the CITY and CONTRACTOR with respect to examine the Work and, making such tests as he may
security, operation, safety, maintenance, utilities, deem proper and using all of the care and judgment
insurance,wan-anties and guarantees for that part normally exercised in the examination of completed
of the Work which will become binding upon the Work by a properly qualified and experienced
CITY and CONTRACTOR at the time when the Professional ENGINEER, shall satisfy himself that the
CITY takes over such operation (unless they CONTRACTOR'S statement appears to be correct and
shall have otherwise agreed in writing and so the CONTRACTOR'S other obligations under the
informed ENGINEER). During such operation Contract Documents have been fulfilled. He shall then
and prior to Substantial Completion of such part inform the CITY in writing that he has examined the
of the Work, the CITY shall allow Work and that it appears, to the best of his knowledge
CONTRACTOR reasonable access to complete and belief, to conform to the Contract Drawings,
or correct items on said list and to complete other Specifications and any approved Change Orders, that
related Work. the CONTRACTORS other obligations under the
Contract Documents have been fulfilled, and that he
FINAL INSPECTION: therefore recommends acceptance of the Work for
ownership and Final Payment to the CONTRACTOR.
14.11. Upon written notice from However, it is agreed by the CITY and the
CONTRACTOR that the entire Work or an agreed CONTRACTOR that such statement by the
portion thereof is complete, ENGINEER will make a ENGINEER does not in any way relieve the
final inspection with the CITY and CONTRACTOR CONTRACTOR from his responsibility to deliver a
and will notify CONTRACTOR in writing of all fully completed job in a good and workmanlike
particulars in which this inspection reveals that the condition, and does not render the ENGINEER or the
Work is incomplete, defective, or not in accordance CITY liable for any faulty Work done or defective
with the Contract Documents. CONTRACTOR shall materials or equipment used by the CONTRACTOR.
immediately take such measures as are necessary to
remedy such deficiencies. 14.14. Upon final completion and acceptance of
the Work in accordance with Paragraph 14.13 of the
FINAL APPLICATION FOR PAYMENT: General Conditions, the CITY shall pay the remainder
of the contract price as recommended by ENGINEER
14.12. After CONTRACTOR has completed in as provided in said paragraph 14.13. Prior to final
writing all such corrections to the satisfaction of payment, the CONTRACTOR must provide the CITY
ENGINEER and delivered all maintenance and with waivers of any and all claims and liens from the
operating instructions, schedules, guarantees, Bonds, CONTRACTOR and any and all subcontractors, sub-
certificates of inspection, marked-up record documents subcontractors, laborers, or. These waivers are
(as provided in paragraph 6.19)and other documents all conditions precedent to final payment. The CITY may
GC-35
withhold amounts it deems necessary to cover any 15.1. The CITY may, at anytime and without
claims of which it has been notified of subcontractors, cause, suspend the Work or any portion thereof for a
sub-subcontractors, materialmen, suppliers or others period of not more than ninety days by notice in writing
from final payment to the CONTRACTOR to CONTRACTOR and ENGINEER which will fix the
date on which Work will be resumed. CONTRACTOR
14.15. The ENGINEER will then make a final shall resume the Work on the date so fixed,
4
c�stln3ate-rrf the.,value-of ull-Work done- will deduct _ CONTRACTOR Shall�1�e allowed an_tticrts-e in the
therefrom all previous payments which have been Contract Price or an extension of the Contract Time, or
made. The ENGINEER will report such estimate to the both, directly attributable to any suspension if
CITY together with his recommendation as to the CONTRACTOR makes an approved claim therefor as
acceptance of the Work or his findings as to any provided in Articles 11 and 12.
deficiencies therein. After receipt and acceptance by
the CITY of the properly executed Final Warranty of CITY MAY TERMINATE
Title and after approval of the ENGINEER'S estimate
and recommendation to the CITY, the CITY will make 15.2. Upon the occurrence of any one or more
final payment to the CONTRACTOR of the Amount of the following events:
remaining after deducting all prior payments and all
amounts to be kept or retained under the provisions of 15.2.1. If CONTRACTOR
the Contract Documents, including, but not limited to, commences a voluntary case under any chapter
Liquidated Damages,as applicable. of the Bankruptcy Code (Title 11, United States
Code), as now or hereafter in effect, or if
14.16. All prior estimates are subject to CONTRACTOR takes any equivalent or similar
correction in the final estimate. Thirty days after action by filing a petition or otherwise under any
approval by the CITY of the application for final other federal or state law in effect at such timing
payment, the amount recommended by ENGINEER relating to the bankruptcy or insolvency;
shall become due and will be paid to Contractor.
15.2.2. if a petition is filed against
CONTRACTOR'S CONTINUING OBLIGATION: CONTRACTOR under any chapter of the
Bankruptcy Code as now or hereafter in effect at
14.17. CONTRACTOR'S obligation to perform the time of filing, or if a petition is filed seeking
and complete the Work in accordance with the Contract any such equivalent or similar relief against
Documents shall be absolute. Neither recommendation CONTRACTOR under any other federal or state
of any progress or final payment by ENGINEER, nor law in effect at the time relating to bankruptcy or
the issuance of a Certificate of Substantial Completion, insolvency;
nor any payment by the CITY to CONTRACTOR
under the Contract Documents, nor any use or 15.2.3. If CONTRACTOR makes a
occupancy of the Work or any part thereof by the CITY, general assignment for the benefit of creditors;
nor any act of acceptance by the CITY nor any failure
to do so, nor any review and approval of a Shop 15.2.4. If a trustee, receiver, custodian
Drawing or sample submission, nor the issuance of a or agent of CONTRACTOR is appointed under
notice of acceptability by ENGINEER pursuant to applicable law or under contract, whose
paragraph 14.13, nor any correction of defective Work appointment or authority to take charge of
by the CITY will constitute an acceptance of Work not property of CONTRACTOR is for the purpose of
in accordance with the Contract Documents or a release enforcing a Lien against such property or for the
of CONTRACTOR'S obligation to perfornt the Work in purpose of general administration of such
accordance with the Contract Documents. property for the benefit of CONTRACTOR'S
creditors;
ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION 15.2.5. if CONTRACTOR admits in
writing an inability to pay its debts generally as
they become due;
CITY MAY SUSPEND WORK:
GC-36
15.2.6. If CONTRACTOR fails to t5.4. Where CONTRACTOR'S services have
Perform the Work in accordance with the been so terminated by the CITY, the termination will
Contract Documents (including, but not limited not affect any rights or remedies of the CiTY against
to, failure to supply sufficient skilled workers or CONTRACTOR then existing or which may thereafter
suitable materials or equipment or failure to accrue. Any retention or payment of moneys due
adhere to the progress schedule established under CONTRACTOR by the CiTY will not release
pmagraph 2.9 as-mvised,froru tune-to tine}, CONT—RACTOR-froth liability.
15.2.7. if CONTRACTOR disregards 15.5_ The CiTY may terminate this Contract
Laws or Regulations of any public body having without cause by giving seven (7) days prior written
jurisdiction; notice to the Contractor, and in such event, the CITY
15.2.8. If CONTRACTOR disregards will pay the CONTRACTOR for that portion of the
the authority of ENGINEER;or Contract Sum, less the aggregate of previous payments,
allocable to the Work completed as of the Date of
15.2.9. if CONTRACTOR otherwise Termination, plus reasonable termination expenses.
violates any provisions of the Contract The CiTY also will reimburse the CONTRACTOR for
Documents; all costs necessarily incurred for organizing and
carving out the stoppage of the Work and paid directly
15.3. The CITY may, after giving by the CONTRACTOR, not including overhead,
CONTRACTOR and Surety seven days written notice general expenses or profit. The CITY will not be
of any default and to the extent permitted by Laws and responsible to reimburse the CONTRACTOR for any
Regulations, terminate the services of CONTRACTOR, continuing contractual commitments to subcontractors
exclude CONTRACTOR from the site and take or material men or for penalties or damages for
possession of the Work and of all CONTRACTOR'S canceling such contractual commitments, (with the
tools, appliances, construction equipment and exception that the CITY shall reimburse the
machinery at the site and use the same to the full extent CONTRACTOR for major materials or equipment
they could be used by CONTRACTOR (without purchased before termination if the CONTRACTOR
liability to CONTRACTOR for trespass or conversion), can show, proof of said purchases prior to notice of
incorporate in the Work all materials and equipment termination) inasmuch as the CONTRACTOR shall
stored at the site or for which the CITY has paid make all subcontracts and other commitments subject to
CONTRACTOR but which are stored elsewhere, and this provision. In the event of termination by the CITY,
finish the Work as the CiTY may deem expedient. in the CiTY may require the CONTRACTOR promptly to
such case CONTRACTOR shall not be entitled to assign to it all or some subcontracts,construction,plant,
receive any further payment until the Work is finished, materials, tools, equipment, appliances, rental
If the unpaid balance of the Contract Price exceeds the agreements,and other commitments which the CITY,in
expense of completing the work including its sole discretion, chooses to take by assignment, and
compensation for additional managerial and in such event the CONTRACTOR shall promptly
administrative services, plus the CiTY'S direct, indirect execute and deliver to the CiTY written assignments of
and consequential losses,damages and costs because of the same.
the CONTRACTOR'S default(including but not limited
to fees and charges of engineers, architects, attorneys, FISCAL NON-FUNDING
and other professionals and Court costs) such excess
will be paid to CONTRACTOR. If such expenses and 15.6. in the event sufficient budgeted funds are
costs plus the CiTY'S losses and damages exceed such not available for a new fiscal period, the City shall
unpaid balance, CONTRACTOR shall pay the notify the Contractor of such occurrence and contract
difference to the CITY promptly on demand. Such shall terminate on the last day of the current fiscal
costs incurred by the CITY will be approved as to period without penalty or expense to the City.
reasonableness by ENGINEER and incorporated in a
Change Order, but when exercising any rights or CONTRACTOR MAY STOP WORK OR
remedies under this paragraph the CITY shall not be TERMINATE:
required to obtain the lowest price for the work
performed. 15.7. If, through no act or fault of
CONTRACTOR, the Work is suspended for a period of
GC-37
more than ninety (90) days by the CITY or under an 16.2. When any period of time is referred to in
order of court or other public authority, or ENGINEER the Contract Documents by days, it will be computed to
fails to act on any Application for Payment within thirty exclude the first and include the last day of such period.
(30) days after it is submitted, or the CITY fails for If the last day of any such period falls on a Saturday or
sixty (60)days to pay CONTRACTOR any sum finally Sunday or on a day made a legal holiday by the law of
determined to be due, then CONTRACTOR may, upon the applicable jurisdiction, such day will be omitted
scvca_ 0 days written ntuice- to the CITY and from the computation.
ENGINEER, terminate the Agreement and the CITY
will pay the CONTRACTOR for that portion of the NO LIMITATION OF RIGHTS AND REMEDIES:
Contract Sum, less the aggregate of previous payments,
allocable to the work completed as of the Date of 16.3. The duties and obligations imposed by
Termination plus reasonable termination expenses, The these General Conditions and the rights and remedies
CITY will not be responsible to reimburse the available hereunder to the parties hereto, and, in
CONTRACTOR for any continuing contractual particular but without limitation, the warranties,
commitments for canceling such contractual guarantees and obligations imposed upon
commitments inasmuch as the CONTRACTOR shall CONTRACTOR by paragraphs 6.30, 13.1, 13.12,
make all subcontracts and other commitments subject to 13,14, 14.3 and 15.2 and all of the rights and remedies
this provision, The CITY may require the available to the CITY and ENGINEER thereunder, are
CONTRACTOR promptly to assign to it all or some in addition to , and are not to be construed in any way
subcontracts, construction, plant, materials, tools, as a limitation of, any rights and remedies available to
equipment,appliances,rental agreements, and any other any or all of them which are otherwise imposed or
commitments which the CITY, in its sole discretion, available by Laws or Regulations, by special warranty
chooses to take by assignment, and in such event the or guarantee or by other provisions of the Contract
CONTRACTOR shall promptly execute and deliver to Documents,and the provisions of this paragraph will be
the CITY written assignments of the same. In addition as effective as if repeated specifically in the Contract
and in lieu of terminating the Agreement, if Documents in connection with each particular duty
ENGINEER has failed to act on an Application for obligation, right and remedy to which they apply. All
Payment or the CITY has failed to make any payment representations warranties and guarantees made in the
as aforesaid, CONTRACTOR may upon:,even(7) days Contract Documents will survive final payment and
written notice to the CITY and ENGINEER stop the termination or completion of the Agreement.
Work until payment of all amounts then due. The
provisions of this paragraph shall not relieve ACCIDENT AND PREVENTION:
CONTRACTOR of the obligations under paragraph
6.29 to carry on the Work in accordance with the 16.4. The safety provisions of applicable laws
progress schedule and without delay during disputes and building and construction codes shall be observed
and disagreements with the CITY. by CONTRACTOR and the Contractor shall take or
cause to be taken such additional safety and health
ARTICLE 16-MISCELLANEOUS measures as the Local Public Agency involved may
determine to be reasonably necessary. Machinery,
equipment and all hazards shall be guarded in
GIVING NOTICE: accordance with the safety provisions of the"Manual of
Accident Prevention in Construction" as published by
16.1. Whenever any provision of the Contract the Associated General Contractors of America, Inc. to
Documents requires the giving of written notice, it will the extent that such provisions are not in conflict with
be deemed to have been validly given if delivered in applicable laws. The Contractor shall maintain an
person to the individual or to a member of the firm or to accurate record of all cases of death, occupational
an officer of the corporation for whom it is intended, or disease,or injury requiring medical attention or causing
if delivered at or sent by registered or certified mail, loss of time from work, arising out of and in the course
postage prepaid, to the last business address known to of employment on Work under the Contract. The
the giver of the notice. Contractor shall promptly furnish the Local Public
Agency with reports concerning these matters.
COMPUTATION OF TIME:
GC-3 8
16.5. 111 the event the CITY is prevented from age, handicapped status, disabilities, or national origin.
proceeding with any or all of this Work as stated in this The CONTRACTOR will endeavor to ensure that
Contract, due to a declaration of war, or national applicants are employed and that employees are treated
emergency, by the United States government, whereas during employment,without regard to their race, creed,
the construction of the type contracted for herein is color, religion, sex, age, handicapped status, or national
specifically prohibited by statute or governmental edict, origin. Such action shall include but not be limited to
or du4a tii tile- Wppage of construction c-uused by any the follovring: empltltmient'. lipgradirt,&.'-dztiimitin, or
governmental agency, State, City, Town, or County transfer; recruitment advertising; layoff or termination;
regulations, orders, restrictions, or due to circumstances rates of pay or other forms of compensation; and
beyond the CITY'S control, then the CiTY herein selection for training including apprenticeship. The
reserves the ri� to either suspend the Work to be done CONTRACTOR agrees to post in conspicuous places,
for an indefinite period of time or to cancel this available to employees and applicants for employment,
Agreement outright by giving notice by registered mail notices setting forth the provisions of this
of such intention to the CONTRACTOR herein. In the nondiscrimination clause. These provisions apply to all
event of any conditions above mentioned occurring subcontractors as well.
after the Work herein has already been commenced,
then the CiTY herein shall be liable for only the ASSIGNMENT:
cancellation or suspension without the addition of
prospective profits or other changes whatsoever. 16.10. This Agreement, nor any monies due
hereunder, or any part thereof, shall not be assigned, or
FLORIDA PRODUCTS AND LABOR transferred, by CONTRACTOR, nor shall the CITY be
liable to any assignee or transferee, without the written
16.6. The CONTRACTOR'S attention is called consent of the CITY,to the assignment,or transfer. The
to Section 255.04, Florida Statutes, which requires that CITY shall not release or discharge CONTRACTOR
on public building contracts,Florida products and labor from any obligation hereunder. The CITY shall not
shall be used wherever price and quality are equal. approve an assignment or transfer unless the Surety on
the Contract Performance and Payment Bonds has
EMPLOYEES: informed the CITY in writing that it consents to the
assignment or transfer.
16.7. All labor described in these
specifications or indicated on the Drawings and the GOVERNING LAW JLTRISDICTIQN AND
Work specified or indicated shall be executed in a VENUE:
thoroughly substantial and workmanlike manner by
mechanics skilled in the applicable trades. 16.11. This Agreement shall be governed by,
construed and interpreted in accordance with the laws
16.8. Any person employed on the Work who of the State of Florida without regard to the conflicts or
tails, refuses or neglects to obey the instructions of the choice of law principals thereof. Each of the parties
CONTRACTOR in anything relating to this Work or hereto: (a) irrevocably submits itself to the exclusive
who appears to the CITY to be disorderly, intoxicated, jurisdiction of the State of Florida,and agree that venue
insubordinate, or incompetent, shall upon the order of shall lie exclusively in the Sixth Judicial Circuit Court
the CITY, be at once discharged and not again in and for Pinellas County, Florida for any state court
employed in any part of the Work. Any interference action arising out of this Agreement,and exclusively in
with, or abuse or threatening conduct toward the CiTY, the United States District Court for the Middle District
ENGINEER or their inspectors by the CONTRACTOR of Florida,Tampa Division, for any federal court action
or his employees or agents, shall be authority for the arising out of this Agreement;(b)waives and agrees not
CITY to annul the Contract and re-let the Work. No to assert against any party hereto,by way of motion, as
intoxicating substance shall be allowed on the Work a defense or otherwise, in any suit, action or other
site. proceeding, (i) any claim that it is not personally
subject to the jurisdiction of the above-named courts for
NON-DISCRIMINATION: any reason whatsoever,and(ii)any claim that such suit,
action, or proceeding by any party hereto is brought in
16.9. The CONTRACTOR shall not an inconvenient form or that venue of such suit, action,
discriminate against employees or applicants for or proceeding is improper or that this Agreement or the
employment because of race,creed, color,religion,sex,
GC-39
subject matter hereof may not be enCorced in or by such ordinarily and necessarily would be required by the
courts. City in order to perform the work contemplated by this
Contract; (b) provide the public with access to Public
ASBESTOS: Records,on the same terms and conditions that the City
16.12. If the CONTRACTOR during the course would provide the records and at a cost that does not
exceed the costs provided in Chapter 119. Florida
of the VVork observes the existence of asbestos in anti_.. Stetute3, or as otherwise provided-,by-taw: (n) ensurestructure;building or facility, the CO�I�fRACTOR shall that Public Records that are exempt or confidential and
promptly notify the CITY and the ENGINEER, The exempt from public records disclosure requirements are
CITY shall consult with the ENGINEER regarding not disclosed except as authorized by law; (d) meet all
removal or encapsulation of the asbestos material and the requirements for retaining Public Records and transfer,
CONTRACTOR shall not perform any Work pertinent at no cost,to the City all public records in possession of
to the asbestos material prior to receipt of special the Contractor within thirty (30) days after termination
instructions From the CITY through the ENGINEER. of this Contract, however terminated, and destroy any
duplicate Public Records that are,exempt or confidential
RIGHT TO AUDIT: and exempt from public records disclosure
requirements and provide the City with a letter
16.13. If the CONTRACTOR submits a claim eonfirning that this has been done within thirty (30)
to the CITY for additional compensation, the CITY days of the termination of this Contract. All Public
shall have the right, as a condition to considering the Records stored electronically Hurst be provided to the
claim, and as a basis for evaluation of the claim, and City in a format that is compatible with the information
until die claim has been settled, to audit the technology of the City. if Conti-actor does not comply
CONTRACTOR'S books to the extent they are relevant. with a public records request, the City may pursue any
This right shall include the right to examine books, and all remedies available in law or equity, including
records, documents, and other evidence and accounting but not limited to specific performance. The provisions
procedures and practices, sufficient to discover and of this section only apply to those tasks in which
verify all direct and indirect costs of whatever nature Contractor is acting as an agent of the City_
claimed to have been incurred or anticipated to be
incurred and for which claim has been submitted. The
right to audit shall include the right to inspect the
CONTRACTOR'S plants, or such parts thereof, as may
be or have been engaged in the performance of the
Work The CONTRACTOR further agrees that the
right to audit encompasses all subcontracts and is
binding upon all subcontractors. The rights to examine
and inspect herein provided for shall be exercisable
through such representatives as the CITY deems Company: ASphalt Paving Systems Inc.
desirable during the CONTRACTOR'S normal business
hours at the office of the CONTRACTOR. The
accounting records and documents, and other financial Date 3/8/2017
data, and upon request, shall submit true copies of
requested records to the CITY. �-
Signature
(Auth rporate Officer)�
CONTRACTOR'S PUBLIC RECORDS
OBLIGATTONS Robert Ca ofi rri President
(Typed/Printed)
16.14 Pursuant to Section 119.0701, Florida Statutes,
for any tasks performed by Contractor when acting as
an agent of the City, Contractor shall: (a) keep and
maintain all public records, as that tern is defined in
Chapter 119, Florida Statutes ("Public Records"), that Corporate Seal
GC-40
ASPHALT
PAVING
SYSTEMS 9021 Wire Rd • Zephyrhills, FL 33540
Phone (813) 788-0010 • Fax (813) 788-0020
September 25, 2017
Rafal Cieslak
City of Largo Engineering Services department
Post Office Box 296
Largo FI. 33779-0269
RE:City of Largo, FL—Pavement and Roadway Infrastructure rehabilitation
Dear Mr.Cieslak,
Asphalt Paving Systems, Inc. agrees to extend Contract 17-C-589 with the city of Largo.We are able to
honor the same terms,conditions and unit pricing on the above referenced contract for fiscal year
October 1, 2017 to September 30. 2018.
Please feel free to contact me should you have any questions.
T ank you,
�&j XA
David Gannon
Asphalt Paving Systems, Inc.
9021 Wire Rd.
Zephyrhills, Fl.33540
813-788-0010
Minutes
October 3,2017
bench repair,grouting,and manhole lining services.
On March 21,2017,the City Commission approved the award of Bid No. 17-G590 for manhole rehabilitation to
the four contractors listed below. The agreement has a term of one year, with the option of two additional one
year renewal periods. All four contractors have indicated,in writing, that they wish to renew the agreement
with the understanding that the extension will be subject to the same terms and conditions,including unit prices,
as the original bid document. The four contractors are:
Concrete Conservation,Inc,
-
TV Diversified,LLC;
VacWsion Environmental,LLC;
Rowland,Inc.
FY2018 budgeted items considered for this APA:
Stormwater t
$150,00 StormwaterAPArepairs ESD
$132,10t StormwaterRepahs PW
$262,10t Total
astewater ecdons t
818,00 Sanitary &M ESD
$200,00 LS15SSI&IProject ES
$750,00 SSOPrevention Projects 1-4 ES
$1,768,00 TOW
Funds under the APA are notspent unless a project and associated cost are assigned to a contractor.
r
NEWAL OFBL9NO 17-C-589,PAV7M7VTANDROADWAYBOR9STRUCTMEREHABILITATION,TO
ARPAVINGINDUSTRMS OFFLORIDA,LLC,ASPHALT PAVING SYSTEW,INC.,AND GATOR
ADINGANDPAVING,LLC
epurpose of this memo is to obtain City Commission approval for the second optional renewalyear of the Bid
. 17-G-589, Pavement and Roadway Infrastructure Rehabilitation to three contractors. The City performs
contract preventative maintenance, rehabilitation and reconstruction of roadways through the use of annual
purchase agreements (APA) with multiple contractors for a variety of techniques including micro sealing,
traditional milling and asphalt overlay, full depth reclamation, and complete reconstruction. This APA is for
pavement rehabilitation, which includes repair or replacement of the driving surface, curbing, sidewalks,
pavement striping,and traffic calming.
On April 4,2017, the City Commission approved the award of Bid No. 17-C-589 for pavement rehabilitation to
three firms listed below. The agreement has a term of one year, with the option of two additional one year
renewal periods. All three contractors have indicated,in writing, that they wish to renew the agreement with
the understanding that the extension will be subject to the same terms and conditions,including unit prices,as
the original bid documenL The three contractors are:
Ajax PavmgIndustries of Florida,LLC
Asphalt Paving Systems,Inc.
Gator Grading and Paving,LLC.
6
Minutes
October 3,2017
Staff has identified the following funding in the FY2018 budget that will use this APA.
Pared Ant Dzparhnent Descipdan
General $20,000 PW ParkingLotMaintenance j
General $7,500 RPA AsphaltPatches,MiscParks
General $238,100 PW StreetMaintenance
County Gas Tax $50,000 ESD Road and Sidewalk R&M
County Gas Tax $10,000 PW Sidewalk Minor Repairs
County Gas Tax $25,000 PW StreetMinorRe airs
TY7a,8,9 1$230,200 1 ESD Sidewalk Expansions
Funds will not be expended unless a specific project/scope is assigned to a contractor.
APPROVAL OFTIMSETONAI"OR SUBDIVISIONPLAT
Two privately owned residential parcels with existing houses are being subdivided into three parcels. The
property is adjacent to the private roadways of Carroll Manor Drive and Seton Lane. The subdivision of the
property will result in three residential lots that meet the City's Comprehensive Development Code
requirements for minimum lot size. The platting of this property is not associated with a development order. The
property owner wishes to plat the subdivision of lots to ensure thatrecords are updated and to accurately map
the depiction of land subdivision.
The following outside utility agencies have reviewed the proposed final plat and have indicated no objections:
Spectrum Communications,Duke Energy,Frontier, Wide Open West, Clearwater Gas,Level 3 Communication,
and TECO/Peoples Gas. The following City Departments have reviewed the final plat and have also indicated
no objections: Community Development, Public Works, Engineering Services, Environmental Services and
Finance. The final plat meets all CDC requirements and is in conformance with Florida State and Pinellas
County platting standards.
AUTHORT AT7ON TO PURCHASE CELLULAR VOICE AND DATA SERVICES FROMAT&T MOBILITYIN
ACCORDANCE WITHSTATE CONTRACTNO.DMS-10/11-WU IN T11HMT7NIA7EDANNUAL AMOUNT
OF$55,000
The City of Largo has been using AT&T Mobility for cellular voice telephone services since October,2013. The
initial cellular voice contract was for three years and currently the City is under the terms and conditions of the
state contract, which is in effect until January 10, 2022. This cellular voice service is used by all City
Departments. The rate is$0.06 per minute per call and provides several base cellular phone models at no cost to
the City. These services are also used by the Police Department as an emergency secondary connectivity method
in case of failure by the primary cellular data services provider. Due to some smartphones now being deployed,
there is an additional data component to this purchase.
AUTTIORIZATTON TO PURCHASE CENTRANET TELEPHONE VOICE SERVICES FROM TTIE STATE OF
FLORIDA DEPARTMENT OF MANAG.Z NMUSERVICES RV TIM ESTIMATED AMOUNT OF$80,0100 FOR
77MPMUOD OFOCTOBER 1,2017771ROUGHSEPTE 0ER 30,2018
Centranet is a communications service offered by the State of Florida Department of Management Services. The
City recently moved the Primary Rate Interface(PRJs)from Verizon to Centranet. The PRI consists of 2 digital
circuits that allow up to 46 simultaneous external voice calls(local and long distance). This service provides the
primary land line voice services for phone number 727-587-6700 which allows for incoming and outgoing calls
through the City telephone system serving City telephones on the internal 4 digit dialing plan.Most of the Direct
Inward Dialing(DID)numbers are served by these PRI circuits. The use of 2 circuits allows for redundancy
7
A'f' AI r DATE: 2/26/2018
T0: Ronnie S.Navarro,PE City Engineer FROM: Asphalt Paving Systems,Inc. I
City of Dania Beach Randy Shane&Kris Shane-South F1
1201 Stirling Road 9021 Wire Road
Dania Beach,FL 33004 ZephyrhilIs,FL 33540
954.924.3615 Ph:813-892-0056 or 813-480-1865
RE: Projectproposal
D MICRO-SURFACE
I
Product Description Units Quantity Unit Price Total Price
Piggyback Polk County Contract $ -
PC 005 Micro-Surfacing
PC-003 CRACK SEALING GAL 500.00 $ 20.00 $ 10,000.00
PC-005-2 DOUBLE MICRO-SURFACING SY 42,958.00 $ 3.45 $ 148,205.10
PC-005-3 RUT FILLING TON 42.00 $ 150.00 $ 6,300.00
PC-011-2 STRIPING REMOVAL BY GRINDING SF 18,000.00 $ 0.50 $ 9,000.00
711 THERMOPLASTIC PM
11-125 Thermo STD,White,Solid,24" LF 450.00 $ 5.00 $ 2,250.00
11-123 Thermo STD,White,Solid,12" LF 200.00 $ 2.50 $ 500.00
11-111 Thermo STD,White,Solid,6" NM 3.30 $ 4,000.00 $ 13,200.00
11-131 Thermo STD,White,10'-30'Skip,6" GM 0.00 $ 1,125.00 $ -
11-170 Thermo STD,White,Arrows EA 20.00 $ 60.00 $ 1,200.00
11-160 Thermo STD,White,Message EA 2.00 $ 190.00 $ 380.00
11-124 Thermo STD,White,Solid,18" LF 0.00 $ 3.75 $
11-211 Thermo STD,Yellow,Solid,6" NM 2.82 $ 4,000.00 $ 11,280.00
11-231 Thermo STD,Yellow,Skip,6" GM 1.00 $ 1,125.00 $ 1,125.00
11-224 Thermo STD,Yellow,Solid,18" LF 0.00 $ 3.75 $ -
PC--012-2 FURNISHING/INSTALLING BI-DIRECTIONAL YELL EA 360.00 $ 5.00 $ 1,800.00
. 710 PAINTED PM
11-111 Standard,White,Solid,6" NM 3.30 $ 11585.00 $ 5,230.50
11-123 Standard,White,Solid,12" LF 200.00 $ 1.50 $ 300.00
11-125 Standard,White,Solid,24" LF 450.00 $ 3.00 $ 1,350.00
11-211 Standard,Yellow,Solid,6" NM 2.82 $ 1,585.00 $ 4,469.70
11-231 Standard,Yellow,Slcip,6" GM 1.00 $ 675.00 $ 675.00
11-160 Standard,White,Message EA 2.00 $ 50.00 $ 100.00
11-170 Standard,White,Arrows EA 20.00 $ 25.00 $ 500.00
101-1 Mobilization LS 1.00 $ 1,500.00 $ 1,500,00
102-1 Maintenance Of Traffic Per Day 6.00 $ 1,250.00 $ 7,500.00
Cont. Manhole Riser EA 10.00 $ 375.00 $ 3,750.00
Cont. Water Box Riser EA 10.00 $ 150.00 $ 1,500.00
Misc. Misc.Allowance to be used at the City's Approval for the above items. $ 20,000.00- $ 20,000.00
Pa e1of2 $ -
I
I Total $ 2.42,115.30
i
Respectfully Submitted, Accepted By:
Asphalt Paving Systems,Inc. Signature:
Zephyrhills,Florida
c:813-892-0056 or 813-480-1865
e:rd.shane@hotmail.com Date:
e:k.shaneans@gmail.com 'Proposal valid for30 days.
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