Contract 2020-080AAGREEMENT NO. FOR
TRENCHLESS SANITARY AND STORM SEWER REHABILITATION
THIS AGREEMENT, is made and entered into this 10 day of )MOoeC-
2020, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation
under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont,
Florida, (hereinafter referred to as "CITY"), and BLD SERVICES, LLC, whose address is:
2424 Tyler Street, Kenner, LA 70062, (hereinafter referred to as "CONTRACTOR").
WHEREAS, the City of Largo through the public procurement process awarded an
Agreement for trenchless sanitary and storm sewer rehabilitation, City of Largo Contract
Number 19-B-645;
WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's
response thereto and Agreement in accordance with CITY's procurement policy; and
WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms
and conditions of the City of Largo Contract Number 19-13-645;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I — SCOPE OF WORK
The CONTRACTOR shall furnish trenchless sanitary and storm sewer rehabilitation as
described in the City of Largo Contract Number 19-13-645, which is attached hereto and
incorporated herein as Exhibit "A" and shall perform everything required by this
Agreement and the other exhibits attached hereto. Provided, however, that nothing herein
shall require CITY to purchase or acquire any items or services from CONTRACTOR that
is not specified in the CITY's purchase order. To the extent of a conflict between this
Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail and
govern. In all instances the CITY purchasing policy, resolutions and ordinances shall
apply.
ARTICLE II — THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth
in the Agreement documents and the Unit Price Schedule as set forth in Exhibit `B',
attached hereto and incorporated herein.
ARTICLE III — TERM AND TERMINATION
1. This Agreement is to become effective upon execution by both parties, and shall
remain in effect until September 30, 2021, unless terminated or renewed by the City
of Largo.
2. Notwithstanding any other provision of this Agreement, CITY may, upon written
notice to CONTRACTOR, terminate this Agreement: a) without cause and for
CITY's convenience upon thirty (30) days written notice to CONTRACTOR b) if
CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general
assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with
any of the conditions of provisions of this Agreement; or e) CONTRACTOR is
experiencing a labor dispute, which threatens to have a substantial, adverse impact
upon the performance of this Agreement, without prejudice to any other right or
remedy CITY may have under this Agreement. In the event of such termination,
CITY shall be liable only for the payment of all unpaid charges, determined in
accordance with the provisions of this Agreement, for work, properly performed
and accepted prior to the effective date of termination.
3. Upon mutual Agreement of the parties, this Agreement may be renewed for one (1)
additional 1-year term.
ARTICLE IV — PROVISION OF SERVICES AND COMPLETION OF WORK
1. The CONTRACTOR shall only provide to CITY trenchless sanitary and storm
sewer rehabilitation upon receipt of an authorized order from CITY and shall
provide the requested items in the timeframe and as set forth in bid 19-13-645 or in
the specific purchase order or authorized order submitted by CITY. Nothing herein
shall obligate CITY to purchase any specific amount of product from
CONTRACTOR or create an exclusive purchase agreement between CITY and
CONTRACTOR. CITY shall not be obligated or required to pay for any items
received until such time as CITY has accepted the items in accordance with the
order provided to CONTRACTOR.
2. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify
CITY if it has an issue or question related to the fulfillment of the order or whether
there will be any delay in providing the items requested. Failure of
CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking
payment of any kind for any items that were delayed in delivery. Upon receipt of
notification of the delay, CITY may at its sole option cancel the order and seek the
items from any available source.
3. It is expressly understood and agreed that the passing, approval and/or acceptance
of any trenchless sanitary and storm sewer rehabilitation herein by CITY or by any
agent or representative as in compliance with the terms of this Contract shall not
operate as a waiver by the CITY of strict compliance with the terms of this Contract
and the CITY may require the CONTRACTOR replace the accepted trenchless
sanitary and storm sewer rehabilitation so as to comply with the warranties and
specifications hereof.
4. COMPANY specifically acknowledges that this Contract does not bind or obligate
CITY to purchase any minimum quantity of product during the term hereof.
PJ
ARTICLE V — PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents,
CONTRACTOR shall submit an invoice to CITY upon completion of the services and
delivery of products to CITY as set forth in the applicable purchase order. CITY shall
make payment to the CONTRACTOR for all accepted deliveries and undisputed product
delivered and services provided, within thirty (30) calendar days of receipt of the invoice.
ARTICLE VI — DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in Clermont, Lake County, Florida, unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
Agreements in any court having jurisdiction thereof.
ARTICLE VII — INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance — The CONTRACTOR shall take out and
maintain during the life of this Agreement, Worker's Compensation Insurance for
all its employees connected with the work of this Project and, in case any work is
sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to
provide Worker's Compensation Insurance for all of the subCONTRACTOR
employees unless such employees are covered by the protection afforded by the
CONTRACTOR. Such insurance shall comply with the Florida Worker's
Compensation Law. In case any class of employees engaged in hazardous work
under this Agreement at the site of the Project is not protected under the Worker's
Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
2. CONTRACTOR's Commercial General Liability Insurance — The
CONTRACTOR shall take out and maintain during the life of this Agreement,
Commercial General Liability and Business Automobile Liability Insurance as
shall protect it from claims for damage for personal injury, including accidental
death, as well as claims for property damages which may arise from operating under
this Agreement whether such operations are by itself or by anyone directly or
indirectly employed by it, and the amount of such insurance shall be as follows:
3
(a) CONTRACTOR's Commercial General Liability, $1,000,000 Each,
($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, &
Property Damage Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each, Bodily Injury &
Property Damage Occurrence, Combined Single Limit
(c) Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined
Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall
be amended to provide coverage on an occurrence basis.
3. Indemnification Rider
(a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify
and hold harmless the CITY and its employees from and against all claims,
damages, losses and expenses, including but not limited to reasonable
attorney's fees, arising out of or resulting from its performance of the Work,
provided that any such claim, damage, loss or expense (1) is attributable to
bodily injury, sickness, disease or death, or to injury to or destruction of
tangible property (other than the Work itself) , and (2) is caused in whole or
in part by any negligent act or omission of the CONTRACTOR, any
subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, regardless of whether or
not such acts are caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or otherwise reduce any
other right to obligation of indemnity which would otherwise exist as to any
party or person described in this Article.; however, this indemnification
does not include the sole acts of negligence, damage or losses caused by the
CITY and its other contractors.
(b) In any and all claims against the CITY or any of its agents or employees by
any employee of the CONTRACTOR, any subcontractor, anyone directly
or indirectly employed by any of them or anyone for whose acts any of them
may be liable, the indemnification obligations under this Paragraph shall
not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the CONTRACTOR
or any subcontractor under workers' or workmen's compensation acts,
disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other
good and valuable consideration from the CITY for the indemnification
provided herein.
11
ARTICLE VIII — NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight courier
service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
CONTRACTOR: BLD Services, LLC
2424 Tyler Street
Kenner, LA 70062
Attn: Jacob Trapani
OWNER: City of Clermont
Attn: Darren S. Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE IX — MISCELLANEOUS
1. Attorneys' — In the event a suit or action is instituted to enforce or interpret
any provision of this Agreement, the prevailing party shall be entitled to recover
such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any
appeal, in addition to all other sums provided by law.
2. Waiver — The waiver by city of breach of any provision of this Agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this Agreement.
3. Severabili — If any provision of this Agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision, or
part thereof, shall be deleted or modified in such a manner as to make the
Agreement valid and enforceable under applicable law, the remainder of this
Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4. Amendment — Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
5. Entire Agreement — This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
5
6. Assi m — Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, this
Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior written consent of city.
7. Venue — The parties agree that the sole and exclusive venue for any cause of action
arising out of this Agreement shall be Lake County, Florida.
8. Applicable Law — This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Public Records — Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically to the CITY in a format that is compatible with
the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
r
ARTICLE X — AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
1. This Agreement
2. Purchase Order / Notice To Proceed
3. An applicable Contractor Quote or Statement of Work
4. All documents contained in the City of Largo Contract 19-B-645.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this0 day of !y®1W0 , 2020.
CITY OF CLERMONT
Gail L. Ash, Mayor
a
ATTEST:
Tracy Ackroyd Howe, City Clerk
7
DocuSign Envelope ID: BE4A2F06-CO82-4DCB-A65C-9D73F2332126
BLD Services, LLC
Docuftned by:
�tA
By:
(Signature)
]acob Trapani
Print Name:
Title: vice President
Date: 11/11/2020
Exhibit A
0 1905 j`
ri i��rlf
Is
City of Largo, Florida
Post Office Box 296, Largo, Florida 33779-0296
Engineering Services Department
Jerald Woloszynski, P.E., Engineering Director
Engineering Services Division: (727.) 587-6713
Engineering Services FAX: (727) 586-7413
TRENCHLESS SANITARY AND STORM SEWER REHABILITATION
BED NO.19-B-645
City of Largo, Florida
WORKSUM
This project provides for the rehabilitation of pipelines and conduits (8 through 84 inch, and laterals) by
various trenchless methods on an "as needed" basis. These rehabilitation methods may be used in a
variety of gravity and pressure applications such as sanitary sewers storm sewers and force mains.
Pipelines for rehabilitation on this project consist primarily of vitrified clay pipe, with some ductile iron
pipe, reinforced concrete pipe and corrugated metal pipe. The City reserves the right to award separate
contracts for the various trenchless methods The decision on which method will be used in any given
situation will be made at the sole discretion of the City. The repairs assigned to the Contractor may
require prioritization by the City. The Engineer may order the Contractor to accomplish the work in
accordance with a given chronological sequence.
The work shall be performed by annual bid, without an estimated or guaranteed quantity of work to be
performed The term of this bid will be from the date of award through September 30, 2016. The City of
Largo reserves the right to extend the contract for two additional one year extensions with the approval of
the contractor. The quantities identified in the Schedule of Bid Prices are for comparison only. The
locations of rehabilitation work will be as directed by the City of Largo designated representative. The
City of Largo will issue task orders to the contractor on an as needed basis.
The indemnification provision contained in the General Conditions is incorporated herein, and made a
part hereof, as if fully set forth herein.
The contractor shall submit, for the purposes of bidding, a completed Schedule of Bid Prices and
executed General Conditions. Failure to provide both documents shall result in an unresponsive bid
All construction within the City of Largo limits shall conform to the provided technical specifications and
the City of Largo Engineering Design and Construction Standards available at
https://www.largo.com/document center/Engineering/Engineering%20Design%2OConstruction
%20Standards.pdf unless otherwise directed by the City Engineer.
As -Built Drawings
The Contractor will not be required to furnish as -built drawings under this section of the Contract, but
shall be required to furnish a complete bill of materials used at each repair and a detailed invoice
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outlining total quantities for each pay item being invoiced and a corresponding list of line segments
(manhole to manhole), or lateral address, rehabilitated under the invoiced work.
The Contractor shall notify the appropriate agencies a minimum of two (2) working days prior to any
construction affecting traffic flow. All traffic control devices and barriers utilized during construction
shall be provided by the Contractor as stipulated under Pay Items No. 56, 57 & 58. and meet there
requirements set forth in the Florida State Department of Transportation Manual on Traffic Control and
Safe Practices for Street and Highway Construction, Maintenance and Utility Operations. Failure or
refusal, on the part of the Contractor, to install, maintain, and/or position traffic control devices or barriers
promptly, fully, and in an acceptable manner, shall be sufficient cause for the City, after twenty-four (24)
hours notice, to perform the work with its own organization, or to contract with any other individual, firm
or corporation to perform the work. All costs and expenses incurred thereby shall be charged against the
Contractor, and the amount thereof deducted from any money due, or which may become due him, or
shall be charged against the contract bond. Any work performed as described by this paragraph, shall not
relieve the Contractor in any way of his responsibility for the work performed by him.
Bypass Pumping
The City lines, during most repair work, may be plugged to prevent the continuous flow of wastewater or
stormwater into the area of work. At the direction of the Engineer, the Contractor will install bypass
pumping equipment to reroute flow, as an alternate to line plugging. The Contractor will be responsible
for mobilization, setup, coordination, and operation of all bypass pumping equipment, including any
additional traffic control measures that may be required. Bypass pumping will be continued until directed
to cease by the Engineer. The City shall identify the appropriate discharge location for all flow that is
bypass pumped.
Completion and Guarantee
The work at each location will be considered complete upon written notification by the Engineer to the
Contractor of its final acceptance. The date of such notification shall also establish the beginning date of
the warranty period, as indicated ion the technical specification for the particular rehabilitation method,
and in accordance with the General Conditions. This guarantee shall be exclusive of manufacturer s
guarantees or warranties exceeding this period.
Permits
The Contractor will obtain all permits necessary for performance of the work identified herein, unless
otherwise noted or specified.
M. _�
1. Contractor will report any condition to the City of Largo which may pose a threat to the health and
welfare of employees of the City, Contractor, or the general public.
2. Contractor will use employees that are properly trained and who are aware of possible work,
materials, and job -site related hazards.
3. Contractor will ensure that waste material is properly disposed in accordance with applicable
regulations and safety precautions.
4. Contractor shall comply with all local, state and federal safety requirements, including but not limited
to OSHA.
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TABLE OF CONTENTS OF GENERAL CONDITIONS
ARTICLE TITLE
1. DEFINITIONS
PAGE
GC-2
2. PRELIMINARY MATTERS
GC-4
Delivery of Documents
GC-4
Copies of Documents
GC-4
Commencement of Contract
Time;
Notice to Proceed
GC-4
Starting the Project
GC-4
Before Starting Construction
GC-4
Pre -construction Conference
GC-5
Finalizing Schedules
GC-5
3. CONTRACT DOCUMENTS
GC-5
Intent
GC-5
Amending and Supplementing
Contract Documents
GC-6
Reuse of Documents
GC-6
4. AVAILABILITY OF LANDS:
PHYSICAL CONDITIONS:
REFERENCE POINTS
GC-6
Availability of Lands
GC-6
Physical Conditions
GC-7
Physical Conditions —
Underground Facilities
GC-8
Reference Points
GC-9
5. BONDS AND INSURANCE
GC-9
Bonds
GC-9
Contractor's Insurance
GC-10
6. CONTRACTOR'S
RESPONSIBILITIES
GC-12
Supervision and
Superintendence
GC-12
Labor, Materials and Equipment;
Hours of Work
GC-13
Adjusting Progress Schedule
GC-13
Substitutes or Or -Equal Item
GC-14
Concerning Subcontractors,
Suppliers and Others
GC-14
Patent Fees and Royalties
GC-15
Permits
GC-15
Laws and Regulations
GC-16
Taxes
GC-16
Use of Premises
GC-16
Record Documents
GC-16
Safety and Protection
GC-17
Emergencies and Precautions
During Adverse Weather
GC-17
Shop Drawings and Samples
GC-18
Continuing the Work
GC-19
Indemnification GC-19
Spill or Discharge of Waste
Water or Reclaimed Water GC-19
7. OTHER WORK GC-20
Related Work at Site GC-20
Coordination GC-20
8. THE CITY'S RESPONSIBILITIES GC-21
9. ENGINEER'S STATUS
DURING CONSTRUCTION
GC-21
City's Representative
GC-21
Visits to Site
GC-21
Project Representation
GC-21
Clarifications and
Interpretations
GC-24
Authorized Variations of
Work
GC-24
Rejecting Defective Work
GC-24
Shop Drawings, Change Orders
and Payments
GC-24
Determination for Unit Prices
GC-24
Decisions on Disputes
GC-25
Limitations on Engineer's
Responsibilities
GC-25
10. CHANGES IN THE WORK GC-25
11. CHANGE OF CONTRACT PRICE GC-26
Cost of the Work
GC-27
Contractor's Fee
GC-28
Cash Allowances
GC-29
Unit Price Work
GC-29
Omitted Work
GC-29
12. CHANGE OF CONTRACT TIME GC-30
13. WARRANTY AND GUARANTEE.
TEST AND INSPECTIONS:
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE
WORK
GC-30
Warranty and Guarantee
GC-30
Access to Work
GC-31
Tests and Inspections
GC-31
Uncovering Work
GC-31
City May Stop the Work
GC-31
Correction or Removal of
Defective Work
GC-32
One Year Correction Period
GC-32
TABLE OF CONTENTS OF GENERAL CONDITIONS
ARTICLE TITLE PAGE
City May Correct Defective
Work GC-32
14. PAYMENTS TO CONTRACTOR
AND COMPLETION
GC-33
Schedule of Values
GC-33
Application for Progress
Payments
GC-33
Contractor's Warranty of
Title
GC-33
Review of Applications for
Progress 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
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
FOR
THE CITY OF LARGO
FLORIDA
GC-1
GENERAL CONDITIONS
ARTICLE I — DEFINITIONS
Wherever used in these General Conditions or in the
other Contract Documents the following terms have the
meanings indicated which are applicable to both the
singular and plural thereof.
ADDENDA - Written or graphic instruments,
explanations, interpretations, changes, corrections,
additions, deletions or modifications of the contract
documents issued prior to the opening of Bids which
clarify, correct or change the bidding documents or the
Contract Documents.
AGREEMENT - The written agreement between the
CITY and CONTRACTOR covering the Work to be
performed; when other Contract Documents are
attached to the Agreement, they become a part of the
contract. The Agreement is also referred to as the Con-
tract.
APPLICATION FOR PAYMENT - The form accepted
by ENGINEER which is to be used by CONTRACTOR
in requesting progress or final payments and which is to
include such supporting documentation as is required
by the Contract Documents.
BM - The offer or proposal of the bidder submitted on
the prescribed form setting forth the prices for the Work
to be performed, properly signed or guaranteed.
BONDS - Bid, Performance and Payment bonds and
other instruments which protect against loss due to
inability, failure or refusal of the CONTRACTOR to
perform the work specified in the contract documents.
CALENDAR DAY - A calendar day of 24 hours
measured from midnight to the next midnight, including
Saturdays, Sundays and holidays and regardless of the
weather.
CHANGE ORDER - A document recommended by
ENGINEER which is signed by the CONTRACTOR
and the CITY which authorizes an addition, deletion, or
revision in the work, or an adjustment in the Contract
Price or Contract Time, issued on or after the execution
of the Agreement.
GC-2
Date: February 4, 2014
= - The City of Largo, Florida, a Florida municipal
corporation, its authorized and legal representatives, the
public entity with whom the Contractor has entered into
the agreement and for whom the work is to be provided.
CONSTRUCTION SUPERINTENDENT - The
construction superintendent shall be in attendance at the
project site during performance of the Work and shall
represent the CONTRACTOR. Cominunications given
to the construction superintendent or decisions made by
the construction superintendent shall be as binding as if
given to or made by the CONTRACTOR. Important
communications or decisions shall be confirmed in
writing. Other communications or decisions shall be
similarly confirmed by written request in each case.
CONTRACT DOCUMENTS - The Invitation to Bid,
Instructions to Bidders, Proposal, Bid Bond,
Agreement, Payment Bond, Performance Bond,
Certificate of Insurance, Notice of Tentative Award,
Notice to Proceed, Certificate of Substantial
Completion, Warranty of Title, Final Receipt - Release
of Lien, General Conditions, Supplemental General
Conditions, Technical Specifications, Contract
Drawings, Addenda and Change Orders executed
pursuant to the Contract Documents.
CONTRACT PRICE - The total monies payable by the
CITY to the CONTRACTOR under the terms and
conditions of the Contract Documents.
CONTRACT TIME - The number of successive
calendar days stated in the Contract Documents for the
completion of the Work.
CONTRACTOR - The person, firm, or corporation with
whom the CITY has executed the Agreement to furnish
the Work called for in the Contract Documents.
DEFECTIVE WORK - Work that is unsatisfactory,
faulty, or deficient; or that does not conform to the
Contract Documents; or that does not meet the
requirements of any inspection, reference standard, test,
or approval referred to in the Contract Documents; or
Work that has been damaged prior to the ENGINEER'S
recommendation of final payment.
DRAWINGS - The drawings, plans, maps, profiles,
diagrams, and other graphic representations which show
character, location, nature, extent and scope of the
Work, which have been prepared or approved by
ENGINEER and which are considered part of the
Contract Documents.
EFFECTIVE DATE OF THE AGREEMENT - The date
indicated in the Agreement, but if no such date is
indicated it means the date on which the Agreement is
signed by the last of the two parties to sign the
Agreement.
ENGINEERS)-- City of Largo Community
Development Department, Engineering Division or its
authorized agents, inspectors or representatives acting
within the scope of duties entrusted to them by the
CITY.
FIELD ORDER - A written order by the ENGINEER
that does not impact the cost or time of performance of
the Work.
GENERAL REQUIREMENTS - Division 1 of the
Technical Specifications.
LAWS AND REGULATIONS: LAWS _ OR
REGULATIONS - Laws, rules, codes, regulations,
ordinances and/or orders promulgated by a lawfully
constituted body authorized to issue such Laws and
Regulations.
NOTICE OF AWARD - The official written notice by
the CITY to the apparent successful bidder stating that
upon compliance by the apparent successful bidder with
the conditions precedent enumerated therein within the
time specified, the CITY may enter into an Agreement.
NOTICE TO PROCEED - The written notice issued by
the CITY, or it's agents, to the CONTRACTOR
authorizing the CONTRACTOR to proceed with the
Work and establishing the date of commencement of the
Contract Time.
PARTIAL UTILIZATION - Placing a portion of the
Work in service for the purpose for which it is intended
(or a related purpose) before reaching Substantial
Completion for all the Work.
PROJECT - The entire construction to be performed as
provided in the Contract Documents.
RESIDENT PROIF:CT REPRESENTATIVE (RPR) -
The resident project representative, shall be in
attendance at the project site during performance of the
Work and shall represent the CITY directly or through
GC-3
the ENGINEER. Responsibilities of the RPR are
further defined in Paragraph 9.3 of these General
Conditions.
SHOP DRAWINGS - All drawings, diagrams,
illustrations, schedules, and other data which are
specifically prepared by or for the CONTRACTOR to
illustrate some portion of the Work, and all illustrations,
brochures, standard schedules, performance charts,
instructions, diagrams and other information prepared
by a supplier and submitted by the CONTRACTOR to
illustrate material or equipment for some portion of the
Work.
SPECIFICATIONS - (Same definition as for Technical
Specifications hereinafter).
SUBCONTRACTOR - An individual, firm, or
corporation having a direct contract with the
CONTRACTOR or with any other Subcontractor for
the performance of a part of the Work at the Site.
SUBSTANTIAL COMPLETION - The Work (or a
specified part thereof) has progressed to the point
where, in the opinion of ENGINEER as evidenced by
ENGINEER'S definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance
with the Contract Documents, so that the Work (or
specified part) can be utilized for the purposes for
which it is intended. The terms "substantially
complete" and "substantially completed" as applied to
any Work refer to Substantial Completion thereof.
When the entire Project is considered to be
Substantially Complete, this does not constitute Final
Acceptance or Final Completion of the entire Project.
SUPPLEMENTARY CONDITION, S - The part of the
Contract Documents which amends or supplements
these General Conditions.
SUPPLIER - A manufacturer, fabricator, supplier,
distributor, materialman or vendor.
SURETY - Any person, firm or corporation which is
bound by bid or contract bond with and for the
CONTRACTOR.
TECHNICAL SPECIFICATIONS - Those portions of
the Contract Documents consisting of the General
Requirements and written technical descriptions of
products and execution of the Work.
UNDERGROUND FACILITIES - All pipelines,
conduits, ducts, cables, wires, manholes, vaults, tanks,
tunnels or other such facilities or attachments, and any
encasements containing such facilities which have been
installed underground to furnish any of the following
services or materials: electricity, gases, steam, liquid
petroleum products, telephone or other
communications, cable television, water supply or
distribution, sewage and drainage removal, traffic or
other control systems.
UNIT PRICE WORK - Work to be paid for on the basis
of unit prices.
WORK - Any and all obligations, duties and
responsibilities necessary to the successful completion
of the Project assigned to or undertaken by the
CONTRACTOR under the Contract Documents,
including all labor, materials, equipment and other
incidentals and the furnishing thereof.
WORK DIRECTIVE CHANGE - A written directive to
CONTRACTOR, issued on or after the Effective Date
of the Agreement and signed by the CITY and
recommended by the ENGINEER, ordering an addition,
deletion or revision in the 'Work, or which references an
emergency or unforeseen physical conditions under
which the Work is to be performed. A Work Directive
Change may not change the Contract Price or the
Contract Time, but is evidence that the parties expect
that the change directed or documented by a Work
Directive Change will be incorporated in a subsequently
issued Change Order following negotiations by the
parties as to its effect, if any, on the Contract Price or
Contract Time.
WRITTEN AMENDMENT - A written amendment of
the Contract Documents, signed by the CITY and
CONTRACTOR on or after the Effective Date of the
Agreement and normally dealing with the non -
engineering or non -technical rather than strictly Work -
related aspects of the Contract Documents.
ARTICLE 2 - PRELIMINARY MATTERS
DELIVERY OF DOCUMENTS:
2.1. When the CONTRACTOR delivers the
signed Agreements to the CITY, the CONTRACTOR
shall also deliver to the CITY such Bonds and
Insurance Policies, Certificates or other documents as
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the CONTRACTOR may be required to furnish in
accordance with the Contract Documents.
COPIES OF DOCUMENTS:
2.2. The CITY shall frnish to
CONTRACTOR three copies (unless otherwise
specified in the Supplementary Conditions) of the
Contract Documents or as are reasonably necessary for
the execution of the Work. Additional copies will be
furnished, upon request, at the cost of reproduction.
COMMENCEMENT OF CONTRACT TIME;
NOTICE TO PROCEED:
2.3. The Contract Time will commence to run
on the day indicated in any Notice to Proceed. A Notice
to Proceed may be given at any time within sixty days
after the Effective Date of the Agreement.
STARTING THE PROJECT:
2.4. CONTRACTOR shall start to perform
the Work on the date when the Contract Time
commences to run, but no Work shall be done at the site
prior to the date on which the Contract time commences
to run.
BEFORE STARTING CONSTRUCTION:
2.5. Before undertaking each part of the
Work, CONTRACTOR shall carefully study and
compare the Contract Documents and check and verify
pertinent figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report
in writing to ENGINEER any conflict, error, ambiguity
or discrepancy which CONTRACTOR may discover
and shall obtain a written interpretation or clarification
from ENGINEER before proceeding with any Work
affected thereby; however, CONTRACTOR shall not be
liable to CITY or ENGINEER for failure to report any
conflict, error, ambiguity or discrepancy in the Contract
Documents, unless CONTRACTOR knew or
reasonably should have known thereof.
2.6. At the pre -construction conference,
CONTRACTOR shall submit to ENGINEER for
review:
2.6.1. a proposed progress schedule
indicating the starting and completion dates of
the various stages of the Work; and,
2.6.2. a preliminary schedule of Shop
Drawing submissions and those shop drawings
necessary to begin the work; and,
2.6.3. a preliminary schedule of
values for all of the Work which will include
quantities and prices of items aggregating the
Contract Price and will subdivide the Work into
component parts in sufficient detail to serve as
the basis for progress payments during
construction. Such prices will include an
appropriate amount of overhead and profit
applicable to each item of Work which will be
confirmed in writing by CONTRACTOR at the
time of submission ;and,
2.64 Pre -construction video tapes if
required by the technical specifications
2.7. The CONTRACTOR shall not
commence construction operations until the
construction progress schedule, schedule of values and
the shop drawing submission schedule described above
have been reviewed by the ENGINEER for general
conformance with the Contract documents. After
review of the schedules, no deviation shall be made
without prior written acceptance by the CITY for
general conformance with the Contract Documents.
PRECONSTRUCTION CONFERENCE:
2.8. After the Effective Date of the
Agreement, but before CONTRACTOR starts Work at
the site, a conference attended by CONTRACTOR,
ENGINEER and others as deemed appropriate by the
CITY, ENGINEER, or CONTRACTOR will be held to
discuss the schedules referred to in paragraph 2.6, to
discuss procedures for handling Shop Drawings and
other submittals and for processing Applications for
Payment, and to establish a working understanding
among the parties as to the Work. Nothing herein shall
relieve the CONTRACTOR from the responsibility of
contacting local utilities and any other necessary
agencies.
FINALIZING SCHEDULES:
2.9. At least ten days before submission of
the first Application for Payment a conference attended
by CONTRACTOR, CITY, ENGINEER and others as
appropriate will be held to finalize the schedules
submitted in accordance with paragraph 2.6. The
finalized progress schedule will be acceptable to the
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CITY as providing an orderly progression of the Work
to completion within the Contract Time, but such
acceptance will neither impose on the CITY
responsibility for the progress or scheduling of the
Work nor relieve CONTRACTOR from full
responsibility therefor. The finalized schedule of Shop
Drawing submissions will be acceptable to the CITY as
providing a workable arrangement for processing the
submissions. The finalized schedule of values will be
acceptable to the CITY as to form and substance.
ARTICLE 3 - CONTRACT DOCUMENTS:
INTENT, AMENDING, REUSE
INTENT:
3.1. The Contract Documents comprise the
entire agreement between the CITY and
CONTRACTOR concerning the Work. The Contract
Documents are complementary: what is called for by
one is as binding as if called for by all. The Contract
Documents will be construed in accordance with the
laws of the State of Florida with venue in Pinellas
County, Florida.
3.2. It is the intent of the Contract Documents
to describe a functionally complete Project (or part
thereto) to be constructed in accordance with the
Contract Documents. Any Work, materials or
equipment that may reasonably be inferred from the
Contract Documents as being required to produce the
intended result shall be supplied whether or not
specifically called for. When words which have a well-
known technical or trade meaning are used to describe
Work, materials or equipment such words shall be
interpreted in accordance with that meaning. Reference
to standard specifications, manuals or codes of any
technical society, organization or association, or to the
Laws or Regulations of any governmental authority,
whether such reference be specific or by implication,
shall mean the latest standard specification, manual,
code or Laws or Regulations in effect at the time of
opening of Bids, except as may be otherwise
specifically stated. However, no provision of any
referenced standard specification, manual or code
(whether or not specifically incorporated by reference
in the Contract Documents) shall be effective to change
the duties or responsibilities of the CITY,
CONTRACTOR or ENGINEER or any of their
consultants, agents or employees from those set forth in
the Contract Documents, nor shall it be effective to
assign to ENGINEER' S, agents or employees, any duty
or authority to supervise or direct the furnishing or
performance of the Work or any duty or authority to
undertake responsibility contrary to the provisions of
paragraph 9.15 or 9.16. Clarifications and
interpretations of the Contract Documents shall be
issued by the ENGINEER as provided in paragraph 9.4.
3.3. If, during the performance of the Work,
CONTRACTOR finds a conflict, error or discrepancy
in the Contract Documents, CONTRACTOR shall so
notify the ENGINEER, in writing, at once and before
proceeding with the Work affected thereby shall obtain
a written interpretation or clarification. In resolving
conflicts resulting from errors or discrepancies in any of
the Contract Documents, the order of precedence shall
be as follows:
1. Change Order
2. Addenda
3. Agreement
4. Proposal
5. Supplemental General Conditions
6. Invitation to Bid
7. Instructions to Bidders
8. General Conditions
9. Technical Specifications
10. Contract Drawings
a. Dimensions
b. Full Size Details
C. Full Size Drawings
The captions or subtitles of the several articles and
divisions of these Contract Documents constitute no
part of the context and hereof, but are only labels to
assist in locating and reading the provisions hereof.
AMENDING AND SUPPLEMENTING
CONTRACT DOCUMENTS:
3.4. The Contract Documents may be amended
to provide for additions, deletions and revisions in the
Work or to modify the terms and conditions thereof in
one or more of the following ways:
3.4.1. a formal Written Amendment.
3.4.2. a Change Order (pursuant to
paragraph 10.4), or
3.4.3. a Work Directive Change
(pursuant to paragraph 10.1).
As indicated in paragraphs 11.2 and 12.1, Contract
Price and Contract Time may only be changed by a
Change Order or by a Written Amendment.
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3.5. In addition, the requirements of the
Contract Documents may be supplemented, and minor
variations and deviations in the Work may be
authorized, in one or more of the following ways:
3.5.1. a Field Order (pursuant to
paragraph 9.5)
3.5.2. ENGINEER'S approval of a
Shop Drawing or sample (pursuant to paragraphs
6.26 and 6.27), or
3.5.3. ENGINEER'S written
interpretation or clarification (pursuant to
paragraph 9.4).
REUSE OF DOCUMENTS:
3.6. Neither CONTRACTOR nor any
Subcontractor or Supplier or other person or
organization performing or furnishing any of the Work
under a direct or indirect contract with the CITY shall
have or acquire any title to or ownership rights in any of
the Contract Documents, drawings, technical
specifications or other documents used on the work;
and, they shall not reuse any of them on extensions of
the Project or any other project without prior written
consent of the CITY and ENGINEER.
ARTICLE 4 - AVAILABILITY OF LANDS;
PHYSICAL CONDITIONS; REFERENCE
POINTS
AVAILABILITY OF LANDS:
4.1. The CITY shall furnish, as indicated in
the Contract Documents, the lands upon which the
Work is to be performed, rights -of -way and easements
for access thereto and such other lands which are
designated for the use of CONTRACTOR. Easements
for permanent structures or permanent changes in
existing facilities will be obtained and paid for by the
CITY, unless otherwise provided in the Contract
Documents. If CONTRACTOR believes that any delay
in the CITY'S furnishing these lands, rights -of -way or
easements entitles CONTRACTOR to an extension of
the Contract Time, CONTRACTOR may make a claim
therefor as provided in Article 12. CONTRACTOR
shall provide for all additional lands and access thereto
that may be required for temporary construction
facilities or storage of materials and equipment.
4.1.1. Occupying Private Land: The
Contractor shall not (except after written consent
from the proper parties) enter or occupy with
men, tools, equipment or materials, any land
outside the rights -of -way or property of the City.
A copy of the written consent shall be given to
the CITY.
4.1.2. Work in State, County and City
Rights -of -Way and Easements: When the Work
involves the installation of sanitary sewers, storm
sewers, drains, water mains, manholes,
underground structures, or other disturbances of
existing features in or across street, rights -of -
way, easements, or other property, the
CONTRACTOR shall (as the Work progresses)
promptly back -fill, compact, grade and otherwise
restore the disturbed area to a basic condition
which will permit resumption of pedestrian or
vehicular traffic and any other critical activity or
function consistent with the original use of the
land. Unsightly mounds of earth, large stones,
boulders, and debris shall be removed so that the
site presents a neat appearance.
4.1.3. Work Adjacent to Telephone,
Power, Cable TV and Gas Company Structures:
In all cases where Work is to be performed near
telephone, power, water, sewer, drainage, cable
TV, or gas company facilities, the Contractor
shall provide %Titten notification to the
respective companies of the areas of which Work
is to be performed, prior to the actual
performance of any Work in these areas.
4.1.4. Use of Public Streets: The use
of public streets and alleys shall be such as to
provide a minimum of inconvenience to the
public and to other vehicular and non -vehicular
traffic. Any earth or excavated material spilled
from trucks shall be removed by the
CONTRACTOR and the streets cleaned to the
satisfaction of the CITY, the ENGINEER, the
Florida Department of Transportation, or other
agency or governmental entity having
jurisdiction, as applicable.
PHYSICAL CONDITIOl\S:
4.2.1 Explorations and Reports:
Where applicable, reference is made in the
technical specifications, for identification of
those reports of explorations and tests of
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subsurface conditions at the site that have been
utilized by ENGINEER in preparation of the
Contract Documents. CONTRACTOR accepts
the site and any unforeseen conditions in
accordance with paragraph 4.4 of the Instructions
to Bidders, and may rely upon the accuracy of
the technical data contained in such reports, but
not upon non -technical data, interpretations, or
opinions contained therein or for the
completeness for CONTRACTOR'S purposes,
including, but not limited to, any aspects of the
means, methods, techniques, sequences and
procedures of construction to be employed by
CONTRACTOR and safety precautions and
programs incident thereto. Except as indicated in
the immediately preceding sentence and in
paragraph 4.2.6, CONTRACTOR shall have full
responsibility with respect to subsurface
conditions at the site.
4.2.2. Existing Structures: Where
applicable, reference is made to the technical
specifications, for identification of those
drawings of physical conditions in or relating to
existing surface and subsurface structures
(except Underground Facilities referred to in
paragraph 4.3.1) which are at or contiguous to
the site that have been utilized by ENGINEER in
preparation of the Contract Documents.
CONTRACTOR may rely upon the general
accuracy of the technical data contained in such
drawings, but not for the completeness thereof
for CONTRACTOR'S purposes including, but
not limited to, any aspects of the means,
methods, techniques, sequences and procedures
of construction to be employed by
CONTRACTOR and safety precautions and
programs incident thereto. Except as indicated in
the immediately preceding sentence and in
paragraph 4.2.6, CONTRACTOR shall have full
responsibility with respect to physical conditions
in or relating to such structures. However, where
the dimensions and locations of existing
structures are of critical importance in the
installation or connection of new work, the
CONTRACTOR shall verify such dimensions
and locations in the field before the fabrication of
any materials or equipment which is dependent
on the correctness of such information. There
shall be no additional cost to the CITY for
CONTRACTOR'S failure to verify such
dimensions and locations, or for inaccurate
verifications by CONTRACTOR.
4.2.3. Report of Differing
Conditions: If CONTRACTOR believes that:
4.2.3.1. Any technical data on
which CONTRACTOR is entitled to rely
as provided in paragraphs 4.2.1 and 4.2.2
is inaccurate, or
4.2.3.2. Any physical
condition uncovered or revealed at the
site differs materially from that indicated,
reflected or referred to in the Contract
Documents, CONTRACTOR shall,
promptly after becoming aware thereof
and before performing any Work in
connection therewith (except in an
emergency as permitted by paragraph
6.22.1), notify the CITY and the
ENGINEER in writing about the
inaccuracy or difference.
4.2.4. ENGINEER'S Review:
ENGINEER will promptly review the pertinent
conditions, determine the necessity of obtaining
additional explorations or tests with respect
thereto and advise the CITY in writing (with a
copy to the CONTRACTOR) of ENGINEER'S
findings and conclusions.
4.2.5. Possible Document Change: If
ENGINEER concludes that there is a material
error in the Contract Documents or that because
of newly discovered conditions a change in the
Contract Documents is required, a Work
Directive Change or a Change Order will be
issued as provided in Article 10 to reflect and
document the consequences of the inaccuracy or
difference.
4.2.6. Possible Price and Time
Adjustments: In each such case. an increase or
decrease in the Contract Price or an extension or
shortening of the Contract Time, or any
combination thereof, will be allowable to the
extent that they are attributable to any such
inaccuracy or difference. If the CITY and
CONTRACTOR are unable to agree as to the
amount or length thereof, a claim may be made
therefore as provided in Article 11 and 12.
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PHYSICAL CONDITIONS - UNDERGROUND
FACILITIES:
4.3.1. The information and data
shown or indicated in the Contract Documents
with respect to existing Underground Facilities at
or contiguous to the site is based on information
and data furnished to the CITY or ENGINEER
by the owners of such Underground Facilities or
by others.
4.3.1.1. The CITY and
ENGINEER shall not be responsible for
the accuracy or completeness of any such
information or data; and,
4.3.1.2. CONTRACTOR
shall have full responsibility for
reviewing and checking all such
information and data. Further, the
CONTRACTOR shall be responsible for
locating all Underground Facilities
whether or not shown or indicated in the
Contract Documents, for coordination of
the Work with the owners of such
Underground Facilities during
construction, for the safety and
protection thereof as provided in
paragraph 6.20, and repairing any
damage thereto resulting from the Work,
the cost of all of which will be
considered as having been included in
the Contract Price.
4.3.1.3. All water pipes,
sanitary sewers, storm drains, force
mains, gas mains, or other pipe,
telephone or power cables or conduits,
pipe or conduit casings, curbs, sidewalks,
service lines and all other obstructions,
whether or not shown, shall be
temporarily removed from or supported
across utility line excavations. Where it
is necessary to temporarily interrupt
services, the CONTRACTOR shall
notify the owner or occupant of such
facilities both before the interruption and
again immediately before service is
resumed. Before disconnecting any
pipes or cables, the CONTRACTOR
shall obtain permission from their owner,
or shall make suitable arrangements for
their disconnection by their owner. The
CONTRACTOR shall be responsible for
any damage to any such pipes, conduits
or cables, and shall restore them to
service promptly as soon as the Work has
progressed past the point involved.
Approximate locations of known water,
sanitary, drainage, natural gas, power,
telephone and cable TV installations
along the route of new pipelines or in the
vicinity of new work are shown, but are
to be verified in the field by the
Contractor prior to performing the work.
The CONTRACTOR shall uncover these
pipes, ducts, cables, etc., carefully, by
hand prior to installing his Work. Any
discrepancies or differences found shall
be immediately brought to the attention
of the ENGINEER in order that
necessary changes may be made to
permit installation of the Work.
4.3.2. If an Underground Facility is
uncovered or revealed at or contiguous to the site
which was not shown, nor located by the
facilities ovmer and which CONTRACTOR
could not reasonably have been expected to be
aware of, CONTRACTOR shall, promptly after
becoming aware thereof and before performing
any Work affected thereby (except in an
emergency as permitted by paragraph 6.22.1),
identify the owner of such Underground Facility
and give written notice thereof to that owner and
to the CITY and the ENGINEER. The
ENGINEER will promptly review the
Underground Facility to determine the extent to
which the Contract Documents should be
modified to reflect and document the
consequences of the existence of the
Underground Facility, and the Contract
Documents will be amended or supplemented to
the extent necessary. During such time,
CONTRACTOR shall be responsible for the
safety and protection of such Underground
Facility as provided in paragraph 6.20.
4.3.3. CONTRACTOR shall only
be allowed an increase in the Contract Price or
an extension of the Contract Time, or both, to the
extent that they are attributable to the existence
of any such Underground Facility
CONTRACTOR could not reasonably have been
expected to have been aware of. If the parties
are unable to agree as to the amount or length
thereof, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
GC-9
REFERENCE POINTS:
4.4. The CITY shall provide engineering
surveys to establish reference points for construction
which in ENGINEER'S judgment are necessary to
enable CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the
Work (unless otherwise specified in the General
Requirements), shall protect and preserve the
established reference points and shall make no changes
or relocations without the prior written approval of the
CITY. The CONTRACTOR shall report to the
ENGINEER whenever any reference point is lost or
destroyed or requires relocation because of necessary
changes in grades or locations, and shall be responsible
for the accurate replacement or relocation of such
reference points by professionally qualified personnel.
ARTICLE 5 - BONDS AND INSURANCE
BONDS:
5.1. CONTRACTOR shall upon delivery of
the executed Agreement to the CITY furnish
Performance and Payment Bonds, each in an amount at
least equal to the Contract Price as security for the
faithfiil performance and payment of all
CONTRACTOR'S obligations under the Contract
Documents. These Bonds shall remain in effect at least
until one year after the date when final payment
becomes due, except as otherwise provided by Law or
Regulation or by the Contract Documents.
CONTRACTOR shall also furnish such other Bonds as
are required by the Supplementary Conditions The form
and conditions of the Bonds and the Surety shall be
acceptable and satisfactory to the CITY and Surety shall
be a nationally recognized Surety Company acceptable
to the CITY, listed on the current list of "Companies
Holding Certificates of Authority as Acceptable
Sureties on Federal Bonds and Acceptable Reinsuring
Companies" as published in Circular 570 (amended) by
the Audit Staff, Bureau of Government Financial
Operations, V.S. Treasury Department, for projects not
exceeding ($500,000) five hundred thousand dollars
and meet the other requirements of Florida Statutes
Section 287.0935 (1989). For projects exceeding five
hundred thousand dollars, all bonds shall be placed with
sureties with a Best Rating of no less than A -IX. Bonds
shall be executed and issued by a resident or non
resident agent, licensed to conduct business in the State
of Florida, representing such corporate sureties. If the
CONTRACTOR is a partnership, the Bond should be
signed by each of the individuals who are partners; if a
corporation, the Bond should be signed in the correct
corporate name by duly authorized officer, agent or
attorney -in -fact. There should be executed an
appropriate number of counterparts of the bond
corresponding to the number of counterparts in the
Contract. Each executed bond should be accompanied
by (a) appropriate acknowledgment of the respective
parties; (b) appropriate duly certified copy of Power -of -
Attorney or other certification of authority where bond
is executed by agent, officer or other representative of
Contractor or Surety; (c) duly certified extract from by-
laws or resolutions of Surety under which Power -of -
Attorney, or other certificate of Authority of its agent,
officer or representative was issued.
5.2. If the surety on any Bond furnished by
CONTRACTOR is declared bankrupt or becomes
insolvent or its right to do business is terminated in the
state of Florida or it ceases to meet the requirements of
paragraph 5.1., CONTRACTOR shall within five days
thereafter substitute another Bond and Surety, both of
which must be in conformance with paragraph 5.1.
CONTRACTOR'S INSURANCE:
5.3. General: CONTRACTOR shall
purchase and maintain such comprehensive general
liability and other insurance as is appropriate for the
Work being performed and furnished and as will
provide protection from claims set forth below which
may arise out of or result from CONTRACTOR'S
performance and furnishing of the Work and
CONTRACTOR'S other obligations under the Contract
Documents, whether it is to be performed or fumished
by CONTRACTOR, by any Subcontractor, by anyone
directly or indirectly employed by any of them to
perform or furnish any of the Work, or by anyone for
whose acts any of them may be liable.
CONTRACTOR'S insurance, and the insurance of any
other party bound to the CONTRACTOR shall be
considered primary. The Certificate(s) of Insurance
shall bear the requisite endorsements providing for
CITY as Certificate Holder and additional insured and
shall fiirther provide for waiver of subrogation by the
CONTRACTOR and/or any subcontractor(s) where
applicable. The Certificate(s) issued pursuant to this
Contract shall, at a minimum, bear the name of the
insured, the name of the insurer, the number of the
policy, its effective date and termination date. For
identification purposes the Certificate(s) shall also
include a reference to the project #, RFP#/RFQ#, and/or
any purchase order or task order issued in accordance
herewith. Before starting and during the term of this
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Contract, the CONTRACTOR shall procure and
maintain insurance of the types and to the limits
specified in paragraph 5A.. inclusive below.
5A. Coverage: Except as otherwise stated,
the amounts and types of insurance shall conform to the
following minimum requirements:
5.4.1. Workers' Compensation.
Coverage to apply for all employees for
Statutory Limits in compliance with the
applicable State and Federal laws.
CONTRACTOR shall require all subcontractors
to maintain workers compensation during the
term of the agreement and up to the date of final
acceptance. CONTRACTOR shall defend,
indemnify and save the CITY and ENGINEER
harmless from any damage resulting to them for
failure of either CONTRACTOR or any
subcontractor to take out or maintain such
insurance.
5.4.1.1. Employers' Liability
with Statutory Limits of
$100,000/$500,000/$100,000.
5A.1.2. Notice of
Cancellation and/or Restriction.
CONTRACTOR shall provide immediate
notice of any CONTRACTOR initiated
cancellation, non -renewal or adverse
change to the policies required to be
obtained and/or maintained pursuant to
this Contract. CONTRACTOR shall
immediately forward to the CITY any
notice it receives of cancellation, non -
renewal or adverse change to the policy
that is initiated by the insurer(s).
5.4.1.3. If any operations are
to be undertaken on or about navigable
waters, coverage must be included for
the U.S. Longshoremen and Harbor
Workers Act and/or Jones Act if
applicable.
5.4.2. Comprehensive General
Liability or Commercial General Liability
Coverage must be afforded on a form no more
restrictive than the latest edition of the
Comprehensive General Liability Policy or
Commercial General Liability filed by the
Insurance Services Office, and must include:
5.4.2.1. Minimum Limits of
total coverage shall be S1,000,000.00 per
occurrence combined single limit for
Bodily Injury Liability- and Property
Damage Liability, the basic policy to be
in said form with any excess coverage
(and the carrier) to meet $1,000,000.00
minimum to be acceptable to the CITY.
5.4.2.2. Premises and/or
Operations.
5.4.2.3. Independent
Contractor.
5.4.2.4. Products and/or
Completed Operations. CONTRACTOR
shall maintain in force until at least three
(3) years after completion of all services
required under the Contract, coverage for
products and completed operations,
including Broad Form Property Damage.
5.4.2.5. XCU Coverages.
5.4.2.6. Broad Form Property
Damage including Completing
Operations.
5.4.2.7. Broad Form
Contractual Coverage applicable to this
specific Contract, including any hold
harmless and/or indemnification
agreement.
5.4.2.8. Personal Injury
coverage with employees and contractual
exclusions removed.
5.4.2.9. Additional Insured.
The CITY is to be specifically
included as an additional insured
(including products).
5.4.2.10. Notice of
Cancellation and/or Restriction.
CONTRACTOR shall provide immediate
notice of any CONTRACTOR initiated
cancellation, non -renewal or adverse
change to the policies required to be
obtained and/or maintained pursuant to
this Contract. CONTRACTOR shall
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immediately forward to the CITY any
notice it receives of cancellation, non -
renewal or adverse change to the policy
that is initiated by the insurer(s).
5.4.2.11. The CONTRACTOR
shall either require each subcontractor to
procure and maintain, during the life of
the subcontract, insurance of the type and
in the same amounts specified herein or
insure the activities of subcontractors in
his own insurance policy.
5.4.3. Business Auto Policy.
Coverage must be afforded on a form no more
restrictive than the latest edition of the Business
Auto Policy filed by the Insurance Service Office
and must include:
5.4.3.1. Minimum limit of
$1,000,000.00 per occurrence combined
single limit for Bodily Injury Liability
and Property Damage Liability.
5.4.3.2. Owned Vehicles.
5.4.3.3. Hired and Non -
Owned Vehicles
5.4.3.4. Employee Non -Ownership
5.4.3.4. The CITY shall be
listed as an additional insured on auto
policies.
5.4.3.5. Notice of
Cancellation and/or Restriction.
CONTRACTOR shall provide immediate
notice of any CONTRACTOR initiated
cancellation, non -renewal or adverse
change to the policies required to be
obtained and/or maintained pursuant to
this Contract. CONTRACTOR shall
immediately forward to the CITY any
notice it receives of cancellation, non -
renewal or adverse change to the policy
that is initiated by the insurer(s).
5.4.4. All Risk Property Insurance
When Applicable. Coverage must include real
and personal property and in an amount equal to
the replacement cost of all real and personal
property of the CITY'S for which the
CONTRACTOR is responsible and over which
he exercises control. Builders Risk insurance
must be provided to cover Property under
construction and an Installation Floater must
cover all machinery, vessels, air conditioners or
electric generators to be installed. This insurance
shall include a waiver of subrogation as to the
ENGINEER, the CITY, the CONTRACTOR,
and their respective officers, agents, employees,
and subcontractors.
5.4.4.1. Coverage to be
provided on a full replacement cost basis.
5.4.4.2. Losses in excess of
ten thousand dollars ($10,000) shall be
jointly payable to the CONTRACTOR
and the CITY.
5.4.4.3. Waiver of occupancy
clause or warranty. Policy must be
specifically endorsed to eliminate any
"Occupancy Clause" or similar warranty
or representation that the building(s),
addition(s) or structure(s) will not be
occupied by the CITY.
5.4.4.4. Maximum
Deductible - $5,000 each claim.
5.4.4.5 Notice of
Cancellation and/or Restriction.
CONTRACTOR shall provide immediate
notice of any CONTRACTOR initiated
cancellation, non -renewal or adverse
change to the policies required to be
obtained and/or maintained pursuant to
this Contract. CONTRACTOR shall
immediately forward to the CITY any
notice it receives of cancellation, non -
renewal or adverse change to the policy
that is initiated by the insurer(s).
5.4.4.6. Flood Insurance.
When the buildings or structures are
located within an identified special flood
hazard area, flood insurance protecting
the interest of the CONTRACTOR and
the CITY must be afforded for the lesser
of the total insurable value of such
buildings or structures, or, the maximum
amount of flood insurance coverage
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available under the National Flood
Program.
5.4.5. A Best Rating of no less
than A - VIII is required for any carriers
prodding coverage required under the terms of
this Contract. Failure to comply with the
insurance requirements as herein provided shall
constitute default of this Agreement. Neither
CONTRACTOR or any subcontractor shall
commence work under the Contract until they
have all insurance required under this Section
and have supplied the CITY with evidence of
such coverage in the form of certified copies of
policies (where required) and certificates of
insurance, and such policies and certificates have
been approved by the CITY. CONTRACTOR
shall be responsible for and shall obtain and file
insurance certificates on behalf of its
subcontractors. All certified copies of policies
(where required) and certificates of insurance
shall be filed with the CITY. The CITY reserves
the right to request additional information
regarding any form of insurance or policy
obtained or maintained pursuant to this Contract
as the CITY deems necessary, and at a frequency
the CITY deems necessary, to confirm the
requisite insurance remains in effect, at the
required levels, for the duration of this Contract.
Receipt of Certificates or other documentation of
insurance or policies, or copies of policies, by the
CITY or by any of its representatives which
indicate less coverage than required by this
Contract does not constitute waiver of
CONTRACTOR'S obligations to fulfill the
insurance requirements of this Contract.
ARTICLE 6 CONTRACTOR'S
RESPONSIBILITIES
SUPERVISION AND SUPERINTENDENCE:
6.1. The CONTRACTOR has the obligation
to deliver to the CITY the completed job in a good and
workmanlike condition. CONTRACTOR shall
supervise and direct the Work completely and
efficiently, devoting such attention thereto and applying
such skills and expertise as may be necessary to
perform the Work in accordance with the Contract
Documents. CONTRACTOR shall be solely
responsible for the means, methods, techniques,
sequences and procedures of construction, but
CONTRACTOR shall not be responsible for the
negligence of others in the design or selection of a
specific means, method, technique, sequence or
procedure of construction which is required by the
Contract Documents. CONTRACTOR shall be
responsible to see that the finished Work complies
accurately with the Contract Documents. The
CONTRACTOR shall bear all losses resulting on
account of the weather, fire, the elements, or other
causes of every kind or nature prior to Final
Acceptance. The supervision of the execution of this
contract is vested wholly in the CONTRACTOR
6.2. The superintendent will be
CONTRACTOR'S representative at the site and shall
have authority to act on behalf of CONTRACTOR. All
communications given to the superintendent shall be as
binding as if given to CONTRACTOR.
LABOR, MATERIALS AND EQUIPMENT;
HOURS OF WORK:
6.3. CONTRACTOR shall provide
competent, suitably qualified personnel to survey and
lay out the Work and perform construction as required
by the Contract Documents. CONTRACTOR shall at
all times maintain good discipline and order at the site.
Except in connection with the safety or protection of
persons or the Work or property at the site or adjacent
thereto, and except as otherwise indicated in the
Contract Documents, all Work at the site shall be
performed during regular working hours, and
CONTRACTOR will not permit overtime work or the
performance of Work on Saturday, Sunday or any legal
holiday without the CITY'S written consent (which
shall not be unreasonably withheld) given after prior
written notice to ENGINEER. The CONTRACTOR is
hereby informed, and understands that unless otherwise
approved by the City, the City restricts the work
between the hours of 5:00 p.m. and 8:00 a.m., unless
emergency conditions exist that are endangering life or
property as may be determined by the CITY. If the
CONTRACTOR is authorized to operate equipment
twenty-four (24) hours per day, the engines shall be
provided with residential type silencers approved by the
CITY.
6.3.1 The CONTRACTOR shall
receive no additional compensation for overtime
work. However, additional compensation will be
paid to the CONTRACTOR for overtime work
only in the event extra work is ordered by the
ENGINEER and the change order specifically
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authorizes the use of overtime work and then
only to such extent as overtime wages are
regularly being paid by the CONTRACTOR for
overtime Avork of a similar nature in the same
locality.
6.3.2 All costs of inspection and
testing performed by the CITY during overtime
work by the CONTRACTOR which is allowed
solely for the convenience of the
CONTRACTOR shall be borne by the
CONTRACTOR. The CITY shall have the
authority to deduct the cost of all such inspection
and testing from any partial payments otherwise
due to the CONTRACTOR. For all work
performed on holidays and weekends a fee of
$250 per day will be charged to the
CONTRACTOR, to cover the cost of Largo
Engineering Inspectors. Notice must be
submitted at least two whole working days prior
to subsequent holiday and/or weekend.
6.4. Unless otherwise specified in the General
Requirements, CONTRACTOR shall furnish and
assume full responsibility for all materials, equipment,
labor, transportation, construction equipment and
machinery, tools, appliances, fuel, power, light, heat,
telephone, water, sanitary facilities, temporary facilities
and all other facilities and incidentals necessary for the
furnishing, performance, testing, start-up and final
completion of the work.
6.5. All materials and equipment shall be of
good quality and new, except as otherwise provided in
the Contract Documents. If required by ENGINEER,
CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the kind and
quality of materials and equipment. All materials and
equipment shall be applied, installed, connected,
erected, used, cleaned and conditioned in accordance
with the instructions of the applicable Supplier except
as otherwise provided in the Contract Documents; but
no provision of any such instructions will be effective
to assign to the CITY, ENGINEER, or any of the
CITY'S or ENGINEER'S consultants, agents or
employees, any duty or authority to supervise or direct
the furnishing or performance of the Work or any duty
or authority to undertake responsibility contrary to the
provisions of paragraph 9.15 or 9.16.
ADJUSTING PROGRESS SCHEDULE:
6.6 CONTRACTOR shall submit to
ENGINEER for review and comment (to the extent
indicated in paragraph 2.9) adjustments in the progress
schedule to reflect the impact thereon of new
developments; these will conform generally to the
progress schedule then in effect and additionally will
comply with any proN isions of the General
Requirements applicable thereto.
SUBSTITUTES OR "OR -EQUAL" ITEMS:
6.7.1. The technical specifications
shall govern the use of substitute or "or -equal"
items. The procedure for review by ENGINEER
will include the following as supplemented in the
technical specifications. Requests for review of
substitute items of material and equipment will
not be accepted by ENGINEER from anyone
other than CONTRACTOR. If CONTRACTOR
wishes to furnish or use a substitute item of
material or equipment, CONTRACTOR shall
make written application to ENGINEER for
acceptance thereof, certifying that the proposed
substitute will perform equally or better the
functions and achieve the results called for by the
general design, be similar and of equal substance
to that specified and be suited to the same use as
that specified. The application will state that the
evaluation and acceptance of the proposed
substitute will not prejudice CONTRACTOR'S
achievement of Substantial Completion on time,
whether or not acceptance of the substitute for
use in the Work will require a change in any of
the Contract Documents (or in the provisions of
any other direct contract with the CITY for work
on the Project) to adapt the design to the
proposed substitute and whether or not
incorporation or use of the substitute in
connection with the Work is subject to payment
of any license fee or royalty. All variations of
the proposed substitute from that specified will
be identified in the application and available
maintenance, repair and replacement service will
be indicated. The application will also contain
an itemized estimate of all costs that will result
directly or indirectly from acceptance of such
substitute, including costs of redesign and claims
of other contractors affected by the resulting
change, all of which shall be considered by
ENGINEER in evaluating the proposed
substitute. ENGINEER may require
CONTRACTOR to furnish at CONTRACTOR'S
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expense additional data about the proposed
substitute.
6.7.2. If a specific means, method,
technique, sequence or procedure of construction
is indicated in or required by the Contract
Documents, CONTRACTOR may furnish or
utilize a substitute means, method, sequence,
technique or procedure of construction
acceptable to ENGINEER, if CONTRACTOR
submits sufficient information to allow
ENGINEER to determine that the substitute
proposed is equivalent to that indicated or
required by the Contract Documents. The
procedure for review by ENGINEER will be
similar to that provided in paragraph 6.7.1 as
applied by ENGINEER and as may be
supplemented in the Technical Specifications.
6.7.3. ENGINEER will be allowed a
reasonable time within which to evaluate each
proposed substitute. ENGINEER will be the
sole judge of acceptability, and no substitute will
be ordered, installed or utilized without
ENGINEER'S prior written acceptance which
will be evidenced by either a Change Order or an
approved Shop Drawing. The CITY may require
the CONTRACTOR to furnish at
CONTRACTOR'S expense a special
performance guarantee or other surety with
respect to any substitute.
CONCERNING SUBCONTRACTORS,
SUPPLIERS AND OTHERS:
6.8.1. CONTRACTOR shall not
employ any Subcontractor, Supplier or other
person or organization (including those
acceptable to the CITY and the ENGINEER as
indicated in paragraph 6.8.2), whether initially or
as a substitute, against whom the CITY or the
ENGINEER may have reasonable objection.
CONTRACTOR shall not be required to employ
any Subcontractor, Supplier or other person or
organization to furnish or perform any of the
Work against whom CONTRACTOR has
reasonable objection.
6.8.2. If the Technical Specifications
or Contract Documents require the identity of
certain Subcontractors, Suppliers or other
persons or organizations (including those who
are to furnish the principal items of materials and
equipment) shall be submitted to the CITY for
acceptance by the CITY and ENGINEER, and if
CON TRACTOR has submitted a list thereof, the
CITY or ENGINEER'S acceptance (either in
writing or by failing to make written objection
thereto by the date indicated for acceptance or
obection in the bidding documents or the
Contract Documents) of any such Subcontractor,
Supplier or other person or organization so
identified may be revoked on the basis of
reasonable objection after due investigation, in
which case CONTRACTOR shall submit an
acceptable substitute. If after bid opening and
prior to the award of the contract, the CITY
objects to certain suppliers or subcontractors, the
CITY may permit CONTRACTOR to submit an
acceptable substitute so long as there is no
change in the contract price or contract time. If
the contract price or contract time is increased,
the CITY may return the bid bond and award the
contract to the next qualified, competent bidder.
If after the award of the contract, the CITY
objects to certain suppliers or subcontractors, the
CITY shall permit CONTRACTOR to make an
appropriate and acceptable substitution which is
also acceptable to the CITY. No acceptance by
the CITY or the ENGINEER of any such
Subcontractor, supplier or other person or
organization shall constitute a waiver of any
right of the CITY or ENGINEER to reject
defective Work.
6.9. CONTRACTOR shall be fully
responsible to the CITY and ENGINEER for all acts
and omissions of the Subcontractors, Suppliers and
other persons and organizations performing or
furnishing any of the Work under a direct or indirect
contract Aith CONTRACTOR just as CONTRACTOR
is responsible for CONTRACTOR'S own acts and
omissions. Nothing in the Contract Documents shall
create any contractual relationship between the CITY or
the ENGINEER and any such Subcontractor, Supplier
or other person or organization, nor shall it create any
obligation on the part of the CITY or ENGINEER to
pay or to see to the payment of any moneys due any
such Subcontractor, Supplier or other person or
organization except as may otherwise be required by
Laws and Regulations.
6.10. The divisions and sections of the
Technical Specifications and the identifications of any
Drawings shall not control CONTRACTOR in dividing
the Work among Subcontractors or Suppliers or
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delineating the Work to be performed by any specific
trade.
6.11. All Work performed for CONTRACTOR
by a Subcontractor will be pursuant to an appropriate
agreement between CONTRACTOR and the
Subcontractor which specifically binds the
Subcontractor to the applicable terms and conditions of
the Contract Documents for the benefit of the CITY and
the ENGINEER.
PATENT FEES AND ROYALTIES:
6.12. CONTRACTOR shall pay all license
fees and royalties and assume all costs incident to the
use in the performance of Work or the incorporation in
the Work of any invention, design, process, product or
device which is the subject of patent rights or
copyrights held by others. If a particular invention,
design, process, product or device is specified in the
Contract Documents for use in the performance of the
Work and if to the actual knowledge of the CITY or
ENGINEER its use is subject to patent rights or
copyrights calling for the payment of any license fee or
royalty to other, the existence of such rights shall be
disclosed by the CITY in the Contract Documents.
CONTRACTOR shall indemnify, defend and hold
harmless the CITY and anyone directly or indirectly
employed by the CITY from and against all claims,
damages, losses and expenses (including attorney's fees
and court costs) arising out of any claims of an
infringement of patent rights, copyrights, trade marks
trade secrets or proprietary information incident to the
use in the performance of the Work or resulting from
the incorporation in the Work of any invention, design,
process, product or device not specified in the Contract
Documents, and shall defend all such claims in
connection with any alleged infringement of such
rights. This indemnification provision shall survive the
termination of this agreement.
PERMITS:
6.13. CONTRACTOR shall obtain and pay for
all construction permits and licenses. The CITY shall
assist CONTRACTOR, when necessary, in obtaining
such permits and licenses. CONTRACTOR shall pay
all governmental charges and inspection fees necessary
for prosecution of the Work, which are applicable at the
time of opening of Bids. There will be no cost for
permits issued by the CITY. CONTRACTOR shall pay
all charges of utility for connections to the Work, and
the CITY shall pay all charges of such utility owners for
capital costs related thereto such as plant investment
fees.
LAWS AND REGULATIONS:
6.14.1. CONTRACTOR shall give all
notices and comply with all laws, ordinances,
rules and regulations applicable to furnishing and
performance of the Work. Except where
otherwise expressly required by applicable laws,
ordinances, rules and regulations, neither the
CITY nor the ENGINEER shall be responsible
for monitoring CONTRACTOR'S compliance
with any Laws, ordinances, rules or regulations.
6.14.2. If CONTRACTOR observes
that the Specifications or Drawings are at
variance with any laws, ordinances, rules or
regulations, CONTRACTOR shall give CITY
and ENGINEER prompt, written notice thereof,
and any necessary changes will be authorized by
one of the methods indicated in Paragraph 3.4. If
CONTRACTOR performs any Work knowing or
having reason to know that it is contrary to such
laws, ordinances, rules or regulations, and
without such notice to the CITY and
ENGINEER, CONTRACTOR shall bear all
costs arising therefrom; however, it shall not be
CONTRACTOR'S primary responsibility to
make certain that the Specifications and
Drawings are in accordance with such laws,
ordinances, rules and regulations.
TAXES:
6.15. CONTRACTOR shall pay all sales,
consumer, use and other similar taxes required to be
paid by CONTRACTOR in accordance with the laws,
ordinances and regulations of the place of the Project
which are applicable during the performance of the
Work.
USE OF PREMISES:
6.16. CONTRACTOR shall confine
construction equipment, the storage of materials and
equipment and the operations of workers to the project
site and land and areas identified in and permitted by
the Contract Documents and other land and areas
permitted by laws, ordinances, and regulations, rights -
of -way, permits and easements, and shall not reasonably
encumber the premises with construction equipment or
other materials or equipment. CONTRACTOR shall
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assume full responsibility for any damage to any such
land or area, or to the owner or occupant thereof or of
any land or areas contiguous thereto, resulting from the
performance of the Work. Should any claim be made
against the CITY or ENGINEER by any such owner or
occupant because of the performance of the Work,
CONTRACTOR shall promptly attempt to settle with
such other party by agreement or otherwise resolve the
claim. CONTRACTOR shall, to the fullest extent
permitted by laws and regulations, indemnify, defend
and hold the CITY and ENGINEER harmless from and
against all claims, damages, losses and expenses
(including, but not limited to, fees of engineers,
architects, attorneys and other professionals and court
costs) arising directly, indirectly or consequentially out
of any action, legal or equitable, brought by any such
other party against the CITY or ENGINEER to the
extent based on a claim arising out of
CONTRACTOR'S performance of the Work. This
indemnification provision shall survive the termination
of this agreement.
6.17. During the progress of the Work,
CONTRACTOR shall keep the premises free from
accumulations of waste materials, rubbish and other
debris resulting from the Work. At the completion of the
Work CONTRACTOR shall remove all waste
materials, rubbish and debris from and about the
premises as well as all tools, appliances, construction
equipment and machinery, and surplus materials, and
shall leave the site clean and ready for occupancy by
the CITY. CONTRACTOR shall restore to original
condition all property not designated for alteration by
the Contract Documents.
6.18. CONTRACTOR shall not load nor
permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall
CONTRACTOR subject any part of the Work or
adjacent property to stresses or pressures that will
endanger it.
RECORD DOCUMENTS:
6.19. CONTRACTOR shall maintain in
accordance with the Technical Specifications in a safe
place at the site one record copy of all Drawings,
Specifications, Addenda, Written Amendments, Change
Orders, Work Directive Changes, Field Orders, and
written interpretations and clarifications (issued
pursuant to paragraph 9.4) in good order and annotated
to show all changes made during construction. The
record documents together with all approved samples
and a counterpart of all approved Shop Drawings will
be available to the ENGINEER for reference. Upon
completion of the Work, these record documents,
samples, and Shop Drawings will be delivered to
ENGINEER for the CITY.
SAFETY AND PROTECTION:
6.20. CONTRACTOR shall be responsible for
initiating, maintaining and supervising all safety
precautions and programs in connection with the Work.
CONTRACTOR shall take all necessary precautions for
the safety of, and shall provide the necessary protection
to prevent damage, injury or loss to:
6.20.1. All employees on the Work
and other persons and organizations who may be
affected thereby;
6.20.2. All the Work and materials and
equipment to be incorporated therein, whether in
storage on or off the site; and
6.20.3. Other property at the site or
adjacent thereto, including trees, shrubs, lawns,
walks, pavements, roadways, structures, utilities
and Underground Facilities not designated for
removal, relocation or replacement in the course
of construction. CONTRACTOR shall comply
with all applicable laws, ordinances, rules and
regulations of any public body having
jurisdiction for the safety of persons or property
or to protect them from damage, injury or loss on
or off the Work and shall erect and maintain all
necessary safeguards for such safety and
protection. CONTRACTOR shall notify owners
of adjacent property and of Underground
Facilities and utility owners when prosecution of
the Work may affect them, and shall cooperate
with them in the protection, removal, relocation
and replacement of their property. All damage,
injury or loss to any property referred to in
paragraph 6.20.2 or 6.20.3 caused, directly or
indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier or
any other person or organization directly or
indirectly employed by any of them to perform
or furnish any of the Work for anyone for whose
acts any of theirs may be liable, shall be remedied
by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or
Specifications or to the acts or omissions of the
CITY or the ENGINEER or anyone employed by
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either of them or anyone for whose acts either of
them may be liable, and not attributable, directly
or indirectly, in whole or in part, to the fault or
negligence of CONTRACTOR).
CONTRACTOR'S duties and responsibilities for
the safety and protection of the Work shall
continue until such time as all the Work is
completed and ENGINEER has issued a notice
to the CITY and CONTRACTOR in accordance
with paragraph 14.13 that the Work is acceptable
(except as otherwise expressly provided in
connection with Substantial Completion).
The safety provisions of applicable laws and
building and construction codes shall be
observed and the Contractor shall take or cause
to be taken such additional safety and health
measures as the Local Public Agency involved
may determine to be reasonably necessary.
Machinery, equipment and all hazards shall be
guarded in accordance with the safety provisions
of the "Manual of Accident Prevention in
Construction" as published by the Associated.
General Contractors of America, Inc., to the
extent that such provisions are not in conflict
with applicable laws.
The Contractor shall maintain an accurate record
of all cases of death, occupational disease, or
injury requiring medical attention or causing loss
of time from work, arising out of an and in the
course of employment on Work under the
Contract. The Contractor shall promptly furnish
the Local Public Agency with reports concerning
these matters.
6.21. CONTRACTOR shall designate a
responsible representative at the site whose duty shall
be the prevention of accidents. This person shall be
CONTRACTOR'S superintendent unless otherwise
designated in writing by CONTRACTOR to the CITY.
EMERGENCIES AND PRECAUTIONS DURING
ADVERSE WEATHER:
6.22.1. In emergencies affecting the
safety or protection of persons or the Work or
property at the site or adjacent thereto.
CONTRACTOR, without special instruction or
authorization from ENGINEER or the CITY, is
obligated to act to prevent threatened damage,
injury or loss. CONTRACTOR shall give
ENGINEER prompt written notice if
CONTRACTOR believes that any significant
changes in the NN ork or variations from the
Contract Documents have been caused thereby.
If ENGINEER determines that a change in the
Contract Documents is required because of the
action taken in response to an emergency, a Work
Directive Change Order or Change Order will be
issued to document the consequences of the
changes or variations.
6.22.2. During adverse weather, and
against the possibility thereof, the
CONTRACTOR shall take all necessary
precautions to ensure that the Work shall be done
in a good and workmanlike condition and is
satisfactory in all respects. When required,
protection shall be provided by the use of
tarpaulins, wood and building paper shelters, or
other acceptable means. The CONTRACTOR
shall be responsible for all changes caused by
adverse weather, including unusually high winds
and water levels and he shall take such
precautions and procure such additional
insurance as he deems prudent. The ENGINEER
may suspend construction operations at any time
when, in his judgment, the conditions are
unsuitable or the proper precautions are not
being taken, whatever the weather or water level
conditions may be, in any season.
SHOP DRAWINGS AND SAMPLES:
6.23. After checking and verifying all field
measurements and after complying with applicable
procedures specified in the General Requirements,
CONTRACTOR shall submit to ENGINEER for
review in accordance with the accepted schedule of
Shop Drawing submissions (see paragraph 2.9),
ordinances, rules and all Shop Drawings which will
bear the stamp that CONTRACTOR has satisfied
CONTRACTOR'S responsibilities under the Contract
Documents with respect to the review of the
submission. All submissions will be identified as
ENGINEER may require. The data shown on the Shop
Drawings will be complete with respect to quantities,
dimensions, specified performance and design criteria,
materials and similar data to enable ENGINEER to
review the information as required.
6.24. CONTRACTOR shall also submit to
ENGINEER for review and approval with such
promptness as to cause no delay in Work, all samples
required by the Contract Documents. All samples will
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have been checked by and accompanied by a specific
written indication that CONTRACTOR has satisfied
CONTRACTOR'S responsibilities under the Contract
Documents with respect to the review of the submission
and will be identified clearly as to material, Supplier,
pertinent data such as catalog numbers and the use for
which intended.
6.25.1. Before submission of each
Shop Drawing or sample CONTRACTOR shall
have determined and verified all quantities,
dimensions, specified performance criteria,
installation requirements, materials, catalog
numbers and similar data with respect thereto
and reviewed or coordinated each Shop Drawing
or sample with other Shop Drawings and
samples and with the requirements of the Work
and the Contract Documents.
6.25.2. At the time of each
submission, CONTRACTOR shall give
ENGINEER specific written notice of each
variation that the Shop Drawings or samples may
have from the requirements of the Contract
Documents, and, in addition shall cause a
specific notation to be made on each Shop
Drawing submitted to ENGINEER for review of
each such variation.
6.26. ENGINEER will review within ten days
of receipt thereof, Shop Drawings and samples but
ENGINEER'S review will be only for conformance
with the design concept of the Project and for
compliance with the information given in the Contract
Documents and shall not extend to means, methods,
techniques, sequences or procedures of construction
(except where a specific means, method, technique,
sequence or procedure of construction is indicated in or
required by the Contract Documents) or to safety
precautions or programs incident thereto. The review
of a separate item as such will not indicate review of the
assembly in which the item functions. CONTRACTOR
shall make corrections required by ENGINEER, and
shall return the required number of corrected copies of
Shop Drawings and submit as required new samples for
review. CONTRACTOR shall direct specific attention
in writing to revisions other than the corrections called
for by ENGINEER on previous submittals.
ENGINEER will review one (1) resubmittal for each
shop drawing or product data. All costs of reviewing
additional submittals shall be at the CONTRACTOR'S
expense.
6.27. ENGINEER'S review of Shop Drawings
or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements
of the Contract Documents unless CONTRACTOR has
in writing called ENGINEER'S attention to each such
variation at the time of submission as required by
paragraph 6.25.2 and ENGINEER has given written
approval of each such variation by a specific written
notation thereof incorporated in or accompanying the
Shop Drawing or sample approval; nor will any review
by ENGINEER relieve CONTRACTOR from
responsibility for errors or omissions in the Shop
Drawings or from responsibility for having complied
with the provisions of paragraph 6.25.1.
6.28. Where a Shop Drawing or sample is
required by the Specifications, any related Work
performed prior to ENGINEER'S review and
acceptance of the pertinent submission will be the sole
expense and responsibility of CONTRACTOR.
CONTINUING THE WORK:
6.29. CONTRACTOR shall carry on the Work
and adhere to the progress schedule during all disputes
or disagreements with the CITY. No Work shall be
delayed or postponed pending resolution of any
disputes or disagreements, except as permitted by
paragraph 15.5 or as CONTRACTOR and the CITY
may otherwise agree in writing.
INDEIIUVI)H'ICATION:
6.30. The parties recognize that the
Contractor is an independent contractor. The
Contractor agrees to assume liability for and indemnify,
hold harmless, and defend the City, its commissioners,
mayor, officers, employees, agents, and attorneys of,
from, and against all liability and expense, including
reasonable attorney's fees, in connection with any and
all claims, demands, damages, actions, causes of action,
and suits in equity of whatever kind or nature, including
claims for personal injury, property damage, equitable
relief, or loss of use, to the extent caused by the
negligence, recklessness, or intentionally wrongful
conduct of the Contractor, its agents, officers,
contractors, subcontractors, employees, or anyone else
utilized by the Contractor in the performance of this
Agreement. The Contractor's liability hereunder shall
include all attorney's fees and costs incurred by the City
in the enforcement of this indemnification provision.
This includes claims made by the employees of the
Contractor against the City and the Contractor hereby
GC-19
waives its entitlement, if any, to immunity under
Section 440.11, Florida Statutes. Such obligations
contained in this provision shall survive termination of
this Agreement and. shall not be limited by the amount
of any insurance required to be obtained or maintained
under this Agreement
Subject to the limitations set forth in this Section,
Contractor shall assume control of the defense of any
claim asserted by a third party against the City and, in
connection with such defense, shall appoint lead
counsel, in each case at the Contractor's expense. The
City shall have the right, at its option, to participate in
the defense of any third party claim, without relieving
Contractor of any of its obligations hereunder. If the
Contractor assumes control of the defense of any third
party claim in accordance with this paragraph, the
Contractor shall obtain the prior written consent of the
City before entering into any settlement of such claim.
Notwithstanding anything to the contrary in this
Section, the Contractor shall not assume or maintain
control of the defense of any third party claim, but shall
pay the fees of counsel retained by the City and all
expenses, including experts' fees, if (i) an adverse
determination with respect to the third party claim
would, in the good faith judgment of the City, be
detrimental in any material respect to the City's
reputation; (ii) the third party claim seeks an injunction
or equitable relief against the City; or (iii) the
Contractor has failed or is failing to prosecute or defend
vigorously the third party claim. Each party shall
cooperate, and cause its agents to cooperate, in the
defense or prosecution of any third party claim and
shall furnish or cause to be furnished such records and
information, and attend such conferences, discovery
proceedings, hearings, trials, or appeals, as may be
reasonably requested in connection therewith. It is
further the specific intent and agreement of said parties
that all the Contract Documents on this Project are
hereby amended to include the foregoing
indemnification. CONTRACTOR expressly agrees that
it will not claim, and waives any claim, that this article
violates Section 725.06, Florida Statutes or are
unenforceable pursuant to Section 725.06, Florida
Statutes.
SPILL OR DISCHARGE OF WASTEWATER OR
RECLAIMED WATER
6.31 The CITY is currently under Consent Order
03-0666 with the Florida Department of Environmental
Protection (FDEP). The discharge of wastewater or
effluent (reclaimed water) into waters of the State
and/or into canals, ditches, and ponds that are
connected to waters of the State is prohibited. Any spill
or discharge of wastewater or reclaimed water shall be
immediately reported to the CITY ENGINEER ((727)
587-6713), and the CITY'S WASTEWATER
COLLECTION SYSTEM MANAGER ((727) 507-
4465). In the event of a spill or discharge, the
CONTRACTOR shall immediately control, contain,
and stop the spill or discharge and shall repair any
damage to the CITY'S facilities. The CONTRACTOR
shall be responsible for any penalties and costs charged
to the CITY by the FDEP and for all coasts incurred by
the CITY as a result of the CONTRACTOR'S actions or
as a result of the CONTRACTOR'S negligence.
Costs charged to the CITY by FDEP are for discharges
that have been found not to be due to abnormal events
and are, therefore, subject to stipulated penalties
pursuant to Paragraph No. 25 of the Consent Order.
This paragraph requires the City to pay FDEP stipulated
penalties for wastewater discharged from the City
System to surface waters that do not qualify as
excusable discharges. In accordance with Paragraph
25, the stipulated penalty schedule is as follows: Each
category is limited to a daily cumulative maximum
amount of $30,000.00.
DEP CONSENT ORDER FINE SCHEDULE
Amount/Day/Discharge
Discharge Volume
$500.00
Up to 5,000 gallons
$1000,00
5,001 to 10,000 gallons
$2,500.00
10,001 to 25,000 gallons
$5,000.00
25,001 to 100,000
gallons
$10,000.00
In excess of 100,000
gallons
The fines, and anticipated costs, which may be incurred
by the CITY as a result of the CONTRACTOR'S
actions or negligence, shall be paid to the CITY within
30 days, or the costs incurred will be deducted from the
total Contract amount.
ARTICLE 7 - OTHER WORK
RELATED WORK AT SITE:
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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
in the Contract Documents, written notice thereof will
be given to CONTRACTOR prior to starting 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 11 and 12. If the performance of
additional Work by other Contractor or the CITY is
noted in the Contract Documents, no additional
adjustment of time or compensation shall be
considered.
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
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
direct contracts between the CITY and other
contractors.
7.3. If any part of CONTRACTOR'S Work
depends for proper execution or results upon the work
of any such other contractor (or the CITY),
CONTRACTOR shall inspect and promptly report to
ENGINEER in writing any delays, defects or defi-
ciencies in such other work that render it unavailable or
unsuitable for such proper execution and results of
CONTRACTOR'S work. CONTRACTOR'S failure to
report will constitute an acceptance of the other work as
fit and proper for integration with CONTRACTOR'S
Work except for latent defects and deficiencies in the
other work.
COORDINATION:
7.4. If the CITY contracts with others for the
performance of other work on the Project at the site, the
person or organization who will have authority and
responsibility for coordination of the activities among
the various prime contractors will be identified in the
Technical Specifications and the specific matters to be
covered by such authority and responsibility will be
itemized, and the extent of such authority and
responsibilities will be provided in the Technical
Specifications. Unless otherwise provided in the
Technical Specifications, neither the CITY nor the
ENGINEER shall have any authority or responsibility
in respect of such coordination.
ARTICLE 8 - THE CITY'S RESPONSIBILITIES
8.1. The CITY shall issue all communications
to CONTRACTOR through ENGINEER.
8.2. In case of termination of the employment
of ENGINEER, the CITY shall appoint a consultant
whose status under the Contract Documents shall be
that of the former ENGINEER
8.3. The CITY shall furnish the data required
of the CITY under the Contract Documents promptly
and shall make payments to CONTRACTOR promptly
after they are due as provided in paragraphs 14.4 and
14.13.
8.4. The CITY'S duties in respect of
providing lands and easements and providing
engineering surveys to establish reference points are set
forth in paragraphs 4.1 and 4.4. Paragraphs 4.2.1 and
4.2.2 refer to the CITY'S identifying and making
available to CONTRACTOR copies of all reports of
explorations and tests of subsurface conditions at the
site and in existing structures which have been utilized
by ENGINEER in preparing the Drawings and
Specifications.
8.5. The CITY is obligated to execute Change
Orders as indicated in paragraph 10.4.
8.6. In connection with the CITY'S right to
stop Work or suspend Work, see paragraph 13.10 and
15.1. Paragraph 15.2 deals with the CITY'S right to
terminate services of CONTRACTOR.
GC-21
ARTICLE 9 - ENGINEER'S STATUS DURING
CONSTRUCTION
CITY'S REPRESENTATIVE:
9.1. The ENGINEER will be the CITY'S
representative during the construction period. The
duties and responsibilities and the limitations of
authority of ENGINEER and the CITY'S representative
during construction are set forth in the Contract
Documents and shall not be extended without written
consent of the CITY and ENGINEER -
VISITS TO SITE:
9.2. After written notice to proceed with the
work, the ENGINEER shall make visits to the site at
intervals appropriate to the various stages of
construction to observe the progress and quality of the
executed Work and to determine, in general, if the Work
is proceeding in accordance with the Contract
Documents; he will not be responsible for the con-
struction means, methods, procedures, techniques and
sequences of construction and he will not be
responsible for the CONTTRACTOR'S failure to
perform the construction Work in accordance with the
Contract Documents; he will not be responsible for
safety precautions and procedures in connection with
the Work; and during such visits and on the basis of his
on -site observations, as an experienced and qualified
design professional, he will keep the CITY informed of
the progress of the work, will endeavor to guard the
CITY against defects and deficiencies in the Work of
the Contractor and may reject Work as failing to
conform to the Contract Documents.
PROJECT REPRESENTATION:
9.3. A Resident Project Representative may
be assigned to assist ENGINEER in carrying out his
responsibilities to CITY at the site. Resident Project
Representative is ENGINEER'S agent at site, will act as
directed by and under the supervision of ENGINEER,
and will confer with ENGINEER regarding Resident
Representative's actions. Resident Project
Representative's dealing in matters pertaining to the on -
site work shall in general be with ENGINEER and
CONTRACTOR keeping the CITY advised as
9.3.1.8. Conduct on -site
necessary. Resident Project Representative's dealings
observations of the Work in progress to
with subcontractors shall 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.
under the direction of ENGINEER
9.3.1.9. Report to 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.
9.3.1.10. 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. Nlaintain at the job
9.3.1.21. Review applications
site orderly files for correspondence,
for payment with CONTRACTOR for
reports of job conferences, Shop
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,
9.3.1.15. 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
ENGINEER.
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
the ENGINEER'S authority as set forth
in the Contract Documents.
9.3.2.3. Undertake any of the
responsibilities of CONTRACTOR,
subcontractors, or CONTRACTOR'S
superintendent.
9.3.2.4. Advise on, issue
directions relative to or assume control
over any aspect of the means, methods,
techniques, sequences or procedures of
construction unless such advice or
directions are specifically required by the
Contract Documents.
9.3.2.5. Advise on, issue
directions regarding or assume control
over safety precautions and programs in
connection with the Work.
9.3.2.6. Accept Shop
Drawing or sample submittals from
anyone other than CONTRACTOR.
9.3.2.7. Authorize the City to
occupy the Project in whole or in part.
9.3.2.8. Participate in
specialized field or laboratory tests or
inspections conducted by others except
as specifically authorized by the
ENGINEER
CLARIFICATIONS AND INTERPRETATIONS:
9.4. The ENGINEER will issue with
reasonable promptness such written clarifications or
interpretations of the requirements of the Contract
Documents (in the form of Drawings or otherwise) as
the ENGINEER may determine necessary, which shall
be consistent with or reasonably inferable from the
overall intent of the Contract Documents. If
CONTRACTOR believes that a written clarification of
interpretation justifies an increase in the Contract Price
or an extension of the Contract Time and the parties are
unable to agree to the amount or extent thereof,
CONTRACTOR may make a claim therefor as
provided in Article 11 or Article 12.
AUTHORIZED VARIATIONS OF WORK:
GC-24
9.5. ENGINEER may authorize minor
variations in the Work from the requirements of the
Contract Documents which do not Involve an
adiustment in the Contract Price or the Contract Time
and are consistent with the overall intent of the Contract
Documents. These may be accomplished by a field
Order and will be binding on the CITY, and also on
CONTRACTOR who shall perform the Work involved
promptly. If CONTRACTOR believes that a Field
Order justifies an increase in the Contract Price or an
extension of the Contract Time and the parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a claim therefor as
provided in Article 11 and 12. The ENGINEER is not
authorized to waive any requirements of this contract or
to agree to any increase in the contract price or contract
time.
REJECTING DEFECTIVE WORK:
9.6. The ENGINEER will have authority to
disapprove or reject Work which ENGINEER believes
to be defective or believes to be in non-conformance
with the intent of the contract documents, and will also
have authority to require special inspection or testing of
the Work as provided in paragraph 13.9, whether or not
the Work is fabricated, installed or completed.
SHOP DRAWINGS, CHANGE ORDERS AND
PAYMENTS:
9.7. In connection with ENGINEER'S
responsibility for Shop Drawings and samples, see
paragraphs 6.23 through 6.28 inclusive.
9.8. In connection with ENGINEER'S
responsibilities as to Change Orders, see Article 10, 11,
and 12.
9.9. In connection with ENGINEER'S
responsibilities in respect of Applications for Payment,
etc., see Article 14.
DETERAIINATIONS FOR UNIT PRICES:
9.10. ENGINEER will determine the actual
quantities and classifications of Unit Price Work
performed by CONTRACTOR. ENGINEER will
review with CONTRACTOR ENGINEER'S
preliminary determinations on such matters before
rendering a written decision thereon (by
recommendation of an Application for Payment or
otherwise). ENGINEER'S written decisions thereon
will be final and binding upon the CITY or
CONTRACTOR unless, within ten days after the date
of any such decision, either the CITY or
CONTRACTOR delivers to the other party to the
Agreement and to ENGINEER written notice of
intention to appeal from such a decision.
DECISIONS ON DISPUTES:
9.11. The ENGINEER will be the initial
interpreter of the requirements of the Contract
Documents and judge of the acceptability of the Work
thereunder. Claims, disputes and other matters relating
to the acceptability of the Work or the interpretation of
the requirements of the Contract Documents pertaining
to the performance and furnishing of the Work and
claims under Article 11 and 12 in respect of changes in
the Contract Price or Contract Time will be referred
initially to ENGINEER in writing with a request for a
formal decision in accordance with this paragraph,
which ENGINEER will render in writing within a
reasonable time. Written notice of each such claim,
dispute and other matter will be delivered by the
claimant to ENGINEER and the other party to the
Agreement promptly (but in no event later than ten (10)
days) after the occurrence of the event giving rise
thereto, and written supporting data will be submitted to
ENGINEER and the other party within thirty (30) days
after such occurrence unless ENGINEER allows an
additional period of time to ascertain more accurate
data in support of the claim.
9.12. When functioning as interpreter and
judge under paragraphs 9.10 and 9.11, ENGINEER will
not show partiality to the CITY or CONTRACTOR.
The rendering of a decision by ENGINEER pursuant to
paragraphs 9.10 and 9.11 with respect to any such
claim, dispute or other matter will be a condition
precedent to any exercise by the CITY or the
CONTRACTOR of such rights or remedies as either
may otherwise have under the Contract Documents or
by Laws or Regulations in respect of any such claim,
dispute or other matter.
LEMTATIONS ON ENGINEER'S
RESPONSIBILITIES:
9.13. Neither ENGINEER'S authority to act
under this Article 9 or elsewhere in the Contract
Documents nor any decision made by ENGINEER
either to exercise or not exercise such authority shall
give rise to any duty or responsibility of ENGINEER or
CONTRACTOR, any Subcontractor, any Supplier, or
any other person or organization performing any of the
Work, or to any surety for any of them.
GC-25
9.14. Whenever in the Contract Documents the
term "as ordered", "as directed", "as required", "as
allowed", "as approved" or terms of like effect or
import are used, or the adjectives "reasonable",
"suitable", "acceptable", "proper", or "satisfactory" or
adjectives of the like effect or import are used to
describe a requirement, direction, review or judgment
of ENGINEER as to the Work, it is intended that such
requirement, direction, review- or judgment will be
solely to evaluate the Work for compliance with the
Contract Documents (unless there is a specific
statement indicating otherwise). The use of any such
term or adjective shall not be effective to assign to
ENGINEER any duty or authority to supervise or direct
the furnishing or performance of the Work or any duty
or authority to undertake responsibility contrary to the
provsions of paragraph 9.15 or 9.16.
9.15. ENGINEER will not be responsible for
CONTRACTOR'S means, methods, techniques,
sequences or procedures of construction, or the safety
precautions and programs incident thereto, and
ENGINEER will not be responsible to CONTRACTOR
for CONTRACTOR'S failure to perform or furnish the
Work in accordance with the Contract Documents.
9.16. ENGINEER will not be responsible for
the acts or omissions of CONTRACTOR or of any
Subcontractor, any Supplier, or of any other person or
organization performing or furnishing any of the Work.
ARTICLE 10 - CHANGES IN THE WORK
10.1. Without invalidating the Agreement and
without notice to any surety, the CITY may, at any time
or from time to time, order additions, deletions or
revisions in the Work; these will be authorized by a
Written Amendment, a Change Order, or a Work
Directive Change. Upon receipt of any such document,
CONTRACTOR shall promptly proceed with the Work
involved which will be performed under the applicable
conditions of the Contract Documents (except as
otherwise specifically prodded).
10.2. If the CITY and CONTRACTOR are
unable to agree as to the extent, if any, of an increase or
decrease in the Contract Price or an extension or
shortening of the Contract Time that should be allowed
as a result of a Work Directive Change, a claim may be
made therefore as pro -,sided in Article 11 or Article 12.
10.3. CONTRACTOR shall not be entitled to
an increase in the Contract Price or an extension of the
Contract Time with respect to any Work performed that
is not required by the Contract Documents as amended,
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.
10.4. The CITY and CONTRACTOR shall
execute appropriate Change Orders (or Written
Amendments) covering:
10.4.1. Changes in the work which are
ordered by the CITY pursuant to paragraph 10.1,
are required because of acceptance of defective
Work under paragraph 13.13 or correcting
defective Work under paragraph 13.14, or are
agreed to by the parties.
10.4.2. Changes in the Contract Price
or Contract Time which are agreed to by the
parties;
10.4.3. Changes in the Contract Price
or Contract Time which embody the substance of
any written decision rendered by ENGINEER
pursuant to paragraph 9.11; provided that, in lieu
of executing any such Change Order, an appeal
may be taken from any such decision in
accordance with the provision of the Contract
Documents and applicable Laws and
Regulations, but during any such appeal,
CONTRACTOR shall carry on the Work and
adhere to the progress schedule as provided in
paragraph 6.29.
10.5. It is distinctly agreed and understood that
any changes made in the Contract Documents for this
Work (whether such changes increase or decrease the
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
affect the liability and surety on the Bonds given by the
CONTRACTOR. If notice of any change affecting the
general scope of the Work or the provisions of the
Contract Documents (including, but not limited to,
Contract Price or Contract Time) is required by the
provisions of any bond to be given to a surety, the
giving of any such notice will be CONTRACTOR'S
responsibility, and the amount of each applicable Bond
will be adjusted accordingly.
10.6. Notwithstanding, anything to the
contrary contained within the contract documents, all
change orders involving additional cost or extensions of
GC-26
time, shall be governed by the ordinances of the City of
Largo.
ARTICLE 11- CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total
compensation (subject to authorized adjustments)
payable to CONTRACTOR for performing the Work.
All duties, responsibilities and obligations assigned to
or undertaken by CONTRACTOR shall be at his
expense without change in the Contract Price.
11.2. The Contract Price may only be changed
by a Change Order or by a Written Amendment. Any
claim for an increase or decrease in the Contract Price
shall be based on written notice delivered by the party
making the claim to the other party and to ENGINEER
promptly (but in no event later than ten (10) days) after
the occurrence of the event giving rise to the claim and
stating the general nature of the claim. Notice of the
amount of the claim with supporting data shall be
delivered within thirty (30) days after such occurrence
(unless ENGINEER allows an additional period of time
to ascertain more accurate data in support of the claim)
and shall be accompanied by claimant's written
statement that the amount claimed covers all known
amounts (direct, indirect and consequential) to which
the claimant is entitled as a result of the occurrence of
said event. All claims for adjustment in the Contract
Price shall be determined by ENGINEER in accordance
with paragraph 9.11 if the CITY and CONTRACTOR
cannot otherwise agree on the amount involved. No
claim for an adjustment in the Contract Price will be
valid if not submitted in accordance with this paragraph
11.2.
11.3. The value of any Work covered by a
Change Order or of any claim for an increase or
decrease in the Contract Price shall be determined in
one of the following ways:
11.3.1. Where the Work involved is
covered by unit prices contained in the Contract
Documents, by application of unit prices to the
quantities of the items involved (subject to the
provisions of paragraphs 11.9.1. through 11.9.3.
inclusive).
11.3.2. By mutual acceptance of a
lump sum (which shall include an allowance for
overhead and profit in accordance with
paragraph 11.6.2.1).
11.3.3. On the basis of the Cost of the
Work (determined as provided in paragraphs 11.4
and 11.5) plus a CONTRACTOR'S Fee for
overhead and profit (determined as provided in
paragraphs 11.6 and 11.7).
COST OF THE WORK:
11.4. The term Cost of the Work means the
sum of all costs necessary incurred and paid by
CONTRACTOR in the proper performance of the
Work. Except as otherwise may be agreed to in writing
by the CITY, such costs shall be in amounts no higher
than those prevailing in the locality of the Project, shall
include only the following items and shall not include
any of the costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in
the direct employ of CONTRACTOR in the
performance of the Work under schedules of job
classification agreed upon by the CITY and
CONTRACTOR Payroll costs for employees
not employed full time on the Work shall be
apportioned on the basis of their time spent on
the Work. Payroll costs shall include, but not be
limited to, salaries and wages plus the cost of
fringe benefits which shall include social security
contributions, unemployment, excise and payroll
taxes, workers' or workmen's compensation,
health and retirement benefits, sick leave,
vacation and holiday pay applicable thereto.
Such employees shall include superintendents
and foremen at the site. The expenses of
performing Work after regular working hours, on
Saturday, Sunday or legal holidays, shall be
included in the above to the extent authorized by
the CITY.
11.4.2. Cost of all materials and
equipment furnished and incorporated in the
Work, including costs of transportation and
storage thereof, and Suppliers' field services
required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless
the CITY deposits funds with CONTRACTOR
with which to make payments, in which case the
cash discounts shall accrue to the CITY. All
trade discounts, rebates and refunds and all
returns from sale of surplus materials and
equipment shall accrue to the CITY, and
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CONTRACTOR shall make provisions so that
they may be obtained.
11.4.3. Payments made by
CONTRACTOR to the Subcontractors for Work
performed by Subcontractors. If required by the
CITY; CONTRACTOR shall obtain competitive
bids from Subcontractors acceptable to
CONTRACTOR and shall deliver such bids to
the CITY who will then determine, with the
advice of the ENGINEER, which bids will be
accepted. If a subcontract provides that the
Subcontractor is to be paid on the basis of Cost
of the Work Pius a Fee, the Subcontractor's Cost
of the Work shall be determined in the saine
manner as CONTRACTOR'S Cost of Work. All
subcontracts shall be subject to the other
provisions of the Contract Documents insofar as
applicable.
11.4.4. Costs of special consultants
(including but not limited to engineers,
architects, testing laboratories, surveyors,
attorneys and accountants) employed for services
specifically related to the Work.
11.4.5. Supplemental costs include the
following:
11.4.5.1. Cost, including
transportation and maintenance, of all
materials, supplies, equipment,
machinery, appliances, office and
temporary facilities at the site and tools
not owned by the workers, which are
consumed in the performance of Work,
and cost less market value of such items
used but not consumed which remain the
property of CONTRACTOR
11.4.5.2. Rentals of all
construction equipment and machinery
and the parts thereof whether rented from
CONTRACTOR or others in accordance
with rental agreements approved by the
CITY with the advice of ENGINEER,
and the costs of transportation, loading,
unloading, installation, dismantling and
removal thereof -all in accordance with
terms of said rental agreements. The
rental of any such equipment, machinery
or parts shall cease when the use thereof
is no longer necessary for the Work. For
special equipment and machinery such as
power driven pumps, concrete mixers,
trucks, front end loaders, backhoes, and
tractors, or other equipment, required for
the economical performance of the
authorized Work, the CONTRACTOR
shall receive payment based on the
weekly rate divided by 40 to arrive at an
hourly cost. The weekly rate shall be
from the latest edition of the Rental Rate
blue book for Construction Equipment,
published by Equipment Guide Book
Co., reduced by 25 percent. Equipment
cost shall be calculated based upon the
actual time the equipment is used in the
'Work. If said Work required the use of
machinery not on the Work or not to be
used on the Work, the cost of
transportation, not exceeding a distance
of one hundred (100) miles, of such
machinery to and from the Work shall be
added to the fair rental rate; provided,
however, that this shall not apply to
machinery or equipment already required
to be furnished under the terms of the
Contract.
11.4.5.3. Sales, consumer, use
or similar taxes related to the work and
for which CONTRACTOR is liable,
imposed by laws and regulations.
11.4.5.4. Royalty payments
and fees for permits and licenses.
11.4.5.5. The site costs of
utilities, fuel and sanitary facilities.
11.4.5.6. Cost of premiums
for additional bonds and insurance
required because of changes in the Work.
11.5. The term Cost of the Work shall not
include any of the following:
11.5.1. Payroll costs and other
compensation of CONTRACTOR'S officers,
executives, principals (of partnership and sole
proprietorships), general managers, engineers,
architects, estimators, attorneys, auditors,
accountants, purchasing and contracting agents,
expeditors, timekeepers, clerks and other
personnel employed by CONTRACTOR whether
at the site or in CONTRACTOR'S principal or a
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branch office for general administration of the
Work and not specifically included in the agreed
upon schedule of job classifications referred to in
paragraph 11.4.1 or specifically covered by
paragraph 11.4.4 -- all of which are to be
considered administrative costs covered by the
CONTRACTOR'S Fee.
11.5.2. Expenses of CONTRACTOR'S
principal and branch offices other than
CONTRACTOR'S office at the site.
11.5.3. Any part of CONTRACTOR'S
capital expenses, including interest on
CONTRACTOR'S capital employed for the
Work and charges against CONTRACTOR for
delinquent payments.
11.5 A. Cost of premiums for all
Bonds and for all Insurance whether or not
CONTRACTOR is required by the Contract
Documents to purchase and maintain the same
(except for the cost of premiums covered by sub-
paragraph 11.4.5.6 above).
11.5.5. Costs due to the negligence or
intentional acts of the CONTRACTOR, any
Subcontractor, or anyone whose acts any of them
may be liable, including but not limited to, the
correction of defective Work, disposal of
materials or equipment wrongly supplied and
making good any damage to property.
11.5.6. Other overhead or general
expense costs of any kind and the costs of any
item not specifically and expressly included in
paragraph 11.4.
CONTRACTOR'S FEE:
11.6. The CONTRACTOR'S Fee allowed to
CONTRACTOR for overhead and profits shall be
determined as follows:
11.6.1. A mutually acceptable fixed
fee; or if none can be agreed upon,
11.6.2. A fee based on the following
percentages of the various portions of the Cost of
the Work:
11.6.2.1. The cost allowance
for overhead and profit shall not exceed
fifteen percent (15%) of the net cost. If
the work is done by a Subcontractor, he
may add ten percent (10%) of his net cost
for overhead and profit and the
Contractor may add five percent (5%) of
the net cost for overhead and profit. If
all the work is done by the Contractor, he
may add fifteen percent (15%) of the net
cost for overhead and profit;
11.6.2.2. See Article 11.6.2.1;
11.6.2.3. No fee shall be
payable on the basis of costs itemized
under paragraphs 11.4.4, 11.4.5 and 11.5;
11.6.2.4. The amount of credit
to be allowed by CONTRACTOR to the
CITY for any such change which results
in a net decrease in cost will be the
amount of the actual net decrease plus a
deduction in CONTRACTOR'S Fee by
an amount equal to ten percent of the net
decrease; and
11.6.2.5. When both additions
and credits are involved in any one
change, the adjustment in
CONTRACTOR'S Fee shall be
computed on the basis of the net change
in accordance with paragraphs 11.6.2.1
through 11.6.2.4, inclusive.
11.7. Whenever the cost of any Work is to be
determined pursuant to paragraph 11.4 or 11.5,
CONTRACTOR will submit in form acceptable to
ENGINEER an itemized cost breakdown together with
supporting data.
CASH ALLOWANCES:
11.8. It is understood that CONTRACTOR has
included in the Contract Price all allowances so named
in the Contract Documents and shall cause the Work so
covered to be done by such Subcontractors or Suppliers
and for such sums within the limit of the allowances as
may be acceptable to the ENGINEER, CONTRACTOR
agrees that:
11.8.1. The allowances include the
cost to CONTRACTOR (less any applicable
trade discounts) of materials and equipment
required by the allowances to be delivered at the
site, and all applicable taxes; and
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11.8.2. CO\'TRACTOR'S costs for
unloading and handling on the site, labor
installation costs, overhead, profit and other
expenses contemplated for the allowances have
been included in the Contract Price and not in the
allowances. 10 demand for additional payment
on account of any thereof will be valid.
Prior to final payment, an appropriate
Change order will be issued as recommended by
ENGINEER to reflect actual amounts due
CONTRACTOR on account of Work covered by
allowances, and the Contract Price shall be
correspondingly adjusted.
UNIT PRICE WORK:
11.9.1. Where the Contract
Documents provide that all or part of the Work is
to be Unit Price Work, initially the Contract Price
will be deemed to include for all Unit Price Work
an amount equal to the stun of the established
unit prices for each separately identified item of
Unit Price Work times the estimated quantity of
each item as indicated in the Agreement. The
estimated quantities of items of Unit Price Work
are not guaranteed and are solely for the purpose
of comparison of Bids and determining an initial
Contract Price. Determinations of the actual
quantities and classifications of Unit Price Work
performed by CONTRACTOR will be made by
ENGINEER in accordance with Paragraph 9.10.
11.9.2. Each unit price will be deemed
to include an amount considered by
CONTRACTOR to be adequate to cover
CONTRACTOR'S overhead and profit for each
separately identified item.
11.9.3. Where the quantity of any
item of Unit Price Work performed by
CONTRACTOR differs materially and
significantly from the estimated quantity of such
item indicated in the Agreement and there is no
corresponding adjustment with respect to any
other item of Work and if CONTRACTOR
believes that CONTRACTOR has incurred
additional expense as a result thereof,
CONTRACTOR may make a claim for an
increase in the Contract Price in accordance with
Article 11 if the parties are unable to agree as to
the amount of any such increase.
OMITTED WORK:
11.10. The City may at any time, by written
order, without Notice to the Sureties, require omission
of such contract work as it may find necessary or
desirable. An order for omission of work shall be valid
only by an executable change order. All work so
ordered must be omitted by the CONTRACTOR. The
amount by which the contract price shall be reduced
shall be determined as follows:
11.10.1. By such applicable unit prices,
or rates for work of a similar nature or character
as set forth in the contract; or,
11.10.2. By the appropriate lump sum
price set forth in the Contract; or,
11.10.3. By the reasonable and fair
estimated cost of such omitted work as
determined by the CONTRACTOR and the
ENGINEER, and approved by the CITY.
ARTICLE 12 - CHANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed
by a Change Order or a Written Amendment. Any
claim for an extension or shortening of the Contract
time shall be based on written notice delivered by the
party making the claim to the other party and to
ENGINEER promptly (but in no event later than ten
days) after the occurrence of the event giving rise to the
claim and stating the general nature of the claim.
Notice of the extent of the claim with supporting data
shall be delivered within thirty days after such
occurrence (unless ENGINEER allows an additional
period of time to ascertain more accurate data in
support of the claim) and shall be accompanied by the
claimant's written statement that the adjustment claimed
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
the Contract Time shall be determined by ENGINEER
in accordance with paragraph 9.11 if the CITY and
CONTRACTOR cannot otherwise agree. No claim for
an adjustment in the Contract Time will be valid if not
submitted in accordance with the requirements of this
paragraph 12.1.
12.2. The Contract Time will be extended in an
amount equal to time lost due to delays caused by
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events beyond the control of CONTRACTOR if a claim
is made thereof as prodded in paragraph 12.1. Such
events shall include. but not be limited to acts or neglect
by the CITY or others performing additional work as
contemplated by Article 7, or to fires, floods, labor
disputes, epidemics, abnormal weather conditions or
acts of God. If abnormal weather conditions are the
basis for a Claim for additional time, such Claim shall
be submitted within 30 days of occurrence and shall be
documented by data substantiating that weather
conditions were abnormal for the period of time
required for completion of the Work and could not have
been reasonably anticipated and that weather conditions
had an adverse effect on the scheduled construction.
12.3 All time limits stated in the Contract
Documents are of the essence of the Agreement. The
provisions of this Article 12 shall not exclude recovery
for damages (including but not limited to fees and
charges of engineers, architects, attorneys and other
professionals and court costs) for delay by either party.
12.4 The CONTRACTOR shall not be entitled
to any claim for damages on account of hindrances or
delays in construction from any cause whatsoever but if
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
in which to complete the work, provided that the
CONTRACTOR gives notice in writing of the cause of
such act, hindrance or delay within ten days after its
occurrence to the CITY. This paragraph shall include
but not be limited to any actions which result in delays
in scheduling, substantial changes in scope or wok or
substantial increases in the cost of performing the work
under the Contract Documents
ARTICLE 13 - WARRANTY AND GUARANTEE:
TESTS AND INSPECTIONS, CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE
WORK
WARRANTY AND GUARANTEE:
13.1. CONTRACTOR warrants and guarantees
to the CITY and ENGINEER that all Work will be
constructed in accordance with the Contract
Documents. Prompt notice of all defects shall be given
to CONTRACTOR. All defective Work, whether or not
in place, may be rejected, corrected or accepted as
provided in Article 13. The guarantee shall remain in
effect for one year from the date of final acceptance
unless a longer period is specified. The CITY shall give
notice of observed defects with reasonable promptness.
ti nremedied defects identified for correction during the
guarantee period but remaining after its expiration shall
be considered as part of the obligations of the
guarantee. Defects in material, workmanship or
equipment which are remedied as a result of obligations
of the guarantee shall subject the remedied portion of
the work to an extended guarantee period of one year
after the defect has been remedied. The Surety shall be
bound with and for the Contractor in the Contractor's
faithful observance of the guarantee.
ACCESS TO WORK:
13.2. ENGINEER'S and ENGINEER'S
representatives, other representatives of the CITY,
testing agencies and governmental agencies with
jurisdictional interests will have access to the Work at
reasonable times for their observation, inspecting and
testing. CONTRACTOR shall provide proper and safe
conditions for such access.
TESTS AND INSPECTIONS:
13.3. CONTRACTOR shall give ENGINEER
timely notice of readiness of the Work for all required
inspections, tests or approvals.
13.4. If Laws or Regulations of any public
body having jurisdiction require any Work (or part
thereof) to specifically be inspected, tested or approved,
CONTRACTOR shall assume full responsibility
therefor, pay all costs in connection therewith and
furnish ENGINEER the required certificates of
inspection, testing or approval. CONTRACTOR shall
also be responsible for and shall pay all costs in
connection with any inspection or testing required in
connection with the CITY'S or ENGINEER'S
acceptance of a Supplier of materials or equipment
proposed to be incorporated in the Work, or of materials
or equipment submitted for approval prior to
CONTRACTOR'S purchase thereof for incorporation in
the Work. The cost of all inspections, tests, and
approvals in addition to the above which are required
by the Contract Documents shall be paid as specified in
the Contract Documents.
13.5. All inspections, tests or approvals other
than those required by Laws or Regulations of any
public body having jurisdiction shall be performed by
organizations acceptable to the CITY (or by
ENGINEER if so specified).
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13.6. If any Work (including the work of
others) that is to be inspected, tested or approved is
covered without written concurrence of ENGINEER, it
must, if requested by ENGINEER, be uncovered for
observation. Such uncovering shall be at
CONTRACTOR'S expense unless CONTRACTOR has
given ENGINEER timely notice of CONTRACTOR'S
intention to cover the same and ENGINEER has not
acted with reasonable promptness in response to such
notice.
13.7. Neither observations by ENGINEER nor
inspections, tests or approvals by others shall relieve
CONTRACTOR from CONTRACTOR'S obligation's
to perform the Work in accordance with the Contract
Documents.
UNCOVERING WORK:
13.8. If any Work is covered contrary to the
request of ENGINEER, it must, if requested by
ENGINEER, be uncovered for ENGINEER'S
observation and replaced, at CONTRACTOR'S
expense.
13.9 If ENGINEER considers it necessary or
advisable that covered Work be observed by
ENGINEER or inspected or tested by others,
CONTRACTOR, at ENGINEER'S request shall
uncover, expose or otherwise make available for
observation, inspection or testing as ENGINEER may
require, that portion of the Work in question, furnishing
all necessary labor, material and equipment. If it is
found that such Work is defective, CONTRACTOR
shall bear all direct, indirect and consequential costs of
such uncovering, exposure, observation, inspection and
testing and of satisfactory reconstruction, (including but
not limited to fees and charges of engineers, architects,
attorneys and other professionals), and the CITY shall
be entitled to an appropriate decrease in the Contract
Price, and, if the parties are unable to agree as to the
amount thereof, may make a claim therefor as provided
in Article 11. If, however, such Work is not found to be
defective, CONTRACTOR shall be allowed an increase
in the Contract Price or an extension of the Contract
time, or both, directly attributable to such uncovering,
exposure, observation, inspection, testing and
reconstruction; and if the parties are unable to agree as
to the amount or extent thereof. CONTRACTOR may
make a claim therefor as provided in Article 11 and 12.
CITY IMY STOP THE WORK:
13.10. If the Work is defective, or
CONTRACTOR fails to supply sufficient skilled
workers or suitable materials or equipment, or fails to
furnish or perform the Work in such a way that the
completed Work will conform to the Contract
Documents, the CITY may order CONTRACTOR to
stop the Work, or any portion thereof, until the cause for
such order has been eliminated; however, this right of
the CITY to stop the Work shall not give rise to any
duty on the part of the CITY to exercise this right for
the benefit of CONTRACTOR or any other party.
CORRECTION OR REMOVAL OF DEFECTIVE
WORK:
13.11. If required by ENGINEER,
CONTRACTOR shall promptly, as directed, either
correct all defective Work, whether or not fabricated,
installed or completed, or, if the Work has been rejected
by ENGINEER, remove it from the site and replace it
with non -defective Work. CONTRACTOR shall bear
all direct, indirect, and consequential costs of such
correction or removal (including but not limited to fees
and charges of engineers, architects, attorneys and other
professionals) made necessary thereby.
ONE YEAR CORRECTION PERIOD:
13.12. If within one year after the date of
Substantial Completion or such longer period of time as
may be prescribed by Laws or Regulations or by the
terms of any applicable special guarantee required by
the Contract Documents or by any specific provision of
the Contract Documents, any Work is found to be
defective, CONTRACTOR shall promptly, without cost
to the CITY and in accordance with the CITY'S written
instructions, either correct such defective Work, or, if it
has been rejected by the CITY, remove it from the site
and replace it with non -defective Work. If
CONTRACTOR does not promptly comply with the
terms of such instructions or in an emergency where
delay would cause serious risk of loss or damage, the
CITY may have the defective Work corrected or the
rejected Work removed and replaced, and all direct,
indirect and consequential costs of such removal and
replacement (including but not limited to fees and
charges of engineers, architects, attorneys and other
professionals) will be paid by CONTRACTOR. In
special circumstances where a particular item of
equipment is placed in continuous service before
Substantial Completion of all the Work, the correction
period for that item may start to run from an earlier date
if so provided in the Specifications or by Written
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Amendment. Nothing herein shall be deemed a waiver
of the statute of limitations as provided in Florida Iaw.
13.13. If instead of requiring correction or
removal and replacement of defective Work, the CITY
(and prior to ENGINEER'S recommendation of final
payment) prefers to accept it, the CITY may do so.
CONTRACTOR shall bear all direct, indirect and
consequential costs attributable to the CITY'S
evaluation of and determination to accept such
defective Work (such costs to be approved by
ENGINEER as to reasonableness and to include but not
be limited to fees and charges of engineers, architects,
attorneys and other professionals). If any such
acceptance occurs prior to ENGINEER'S
recommendation of final payment, a Change Order will
be issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and the
CITY shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as
to the amount thereof, the CITY may make a claim
therefor as provided in Article 11. If the acceptance
occurs after such recommendation, an appropriate
amount will be paid by CONTRACTOR to the CITY.
CITY MAY CORRECT DEFECTIVE WORK:
13.14. If CONTRACTOR fails within thirty
days (30) after written notice of ENGINEER to proceed
to correct and to correct defective Work or to remove
and replace rejected Work as required by ENGINEER
in accordance with paragraph 13.11, or if
CONTRACTOR fails to perform the Work in
accordance with the Contract Documents, or if
CONTRACTOR fails to comply with any other
provision of the Contract Documents, the CITY may,
after seven days written notice to CONTRACTOR,
correct and remedy any such deficiency. In exercising
the rights and remedies under this paragraph the CITY
shall proceed expeditiously. To the extent necessary to
complete corrective and remedial action, the CITY may
exclude CONTRACTOR from all or part of the site,
take possession of all or part of the Work, and suspend
CONTRACTOR'S services related thereto, take
possession of CONTRACTOR'S tools, appliances,
construction equipment and machinery at the site and
incomplete in the Work all materials and equipment
stored at the site or for which the CITY has paid
CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow the CITY, the CITY'S
representative, agents and employees such access to the
site as may be necessary to enable the CITY to exercise
the rights and remedies under this paragraph. All direct,
indirect and consequential costs of the CITY in
exercising such rights and remedies will be charged
against CONTRACTOR in an amount approved as to
reasonableness by ENGINEER, and a Change Order
will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work, and
the CITY shall be entitled to an appropriate decrease in
the Contract Price, and, if the parties are unable to agree
as to the amount thereof, the CITY may make a claim
therefor as provided in Article 11. Such direct, indirect
and consequential costs will include but not be limited
to fees and charges of engineers, architects, attorneys
and other professionals, all court costs and all costs of
repair and replacement of work of other destroyed or
damaged by correction, removal or replacement of
CONTRACTOR'S defective Work. CONTRACTOR
shall not be allowed an extension of the Contract Time
because of any delay in performance of the Work
attributable to the exercise by the CITY of the CITY'S
rights and remedies hereunder.
ARTICLE 14 - PAYMENTS TO CONTRACTOR
AND COMPLETION
SCHEDULE OF VALUES:
14.1. The schedule of values established as
provided in paragraph 2.9 will serve as the basis for
progress payments and will be incorporated into a form
of Application for Payment acceptable to ENGINEER.
Progress payments on account of Unit Price Work will
be based on the number of units completed.
APPLICATION FOR PROGRESS PAYMENTS:
14.2. Unless otherwise prescribed by law, at
the end of each month, the CONTRACTOR shall
submit to the Engineer for review, an Application for
Progress Payment filled out and signed by the
CONTRACTOR covering the Work completed as of the
date of the Application and accomplished by such
supporting documentation as is required by the Contract
Documents. If payment is requested on the basis of
materials and equipment not incorporated in the Work
but delivered and suitably stored at the site or at another
location agreed to in writing, the Application for
Progress Payment shall also be accompanied by a Bill
of Sale, paid invoice, or other documentation
warranting that the CONTRACTOR has received the
materials and equipment free and clear of all liens,
charges, security interests, and encumbrances (which
are hereinafter in these General Conditions referred to
as "Liens") and evidence that the materials and
equipment are covered by appropriate property
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insurance and other arrangements to protect the CITY'S
interest therein, all of which shall be satisfactory to the
CITY. The amount of retainage with respect to progress
payments will be as stipulated in the Agreement. When
applicable, the amount of retainage withheld and the
schedule for release/payment of any retainage shall be
in accordance with the procedures outlined in Section
218.735(8)(a), Florida Statutes. Unless otherwise stated
in the Agreement, the term "50-percent completion"
shall defined as set forth in Section 218.735(8)(b),
Florida Statutes.
CONTRACTOR'S WARRANTY OF TITLE:
14.3. CONTRACTOR warrants and guarantees
that title to all Work, materials and equipment covered
by any Application for Payment, whether incorporated
in the Project or not, will pass to the CITY no later than
the time of payment free and clear of Liens.
REVIEW OF APPLICATIONS FOR PROGRESS
PAYMENT:
14.4. ENGINEER will, within ten days after
receipt of each Application for Payment, either indicate
in writing a recommendation of payment and present
the Application to the CITY, or return the Application to
CONTRACTOR indicating in writing ENGINEER'S
reasons for refusing to recommend payment. In the
latter case, CONTRACTOR may make necessary
corrections and resubmit the Application. Thirty days
after receipt of the Application for Payment by the City
with ENGINEER'S recommendation, the amount
recommended will (subject to the provisions of the last
sentence of paragraph 14.7) become due and when due
will be paid by the CITY to CONTRACTOR.
14.5. ENGINEERS recommendation of any
payment requested in the Application for Payment shall
not prohibit the City from withholding payment or
prohibit the City from paying additionally sums
regarding other matters or issues between the parties.
14.6. ENGINEER'S recommendation of final
payment will constitute an additional representation by
ENGINEER to the CITY that the conditions precedent
to CONTRACTOR'S being entitled to final payment as
set forth in paragraph 14.13 have been fulfilled.
14.7. ENGINEER may refuse to recommend
the whole or any part of any payment it in
ENGINEER'S opinion, it would be incorrect to make
such representations to the CITY. The ENGINEER
may also refuse to recommend any such payment, or,
because of subsequently discovered evidence or the
results of subsequent inspections or tests, nullify any
such payment previously recommended, to such extent
as may be necessary in ENGINEER'S opinion to protect
the CITY from loss, including but not limited to:
14.7.1. The Work is defective, or
completed Work has been damaged requiring
correction or replacement.
14.7.2. The Contract Price has been
reduced by Written Amendment or Change
Order.
14.7.3. The CITY has been required to
correct defective Work or complete Work in
accordance with paragraph 13.14, or
14.7.4. Of ENGINEER'S actual
knowledge of the occurrence of any of the events
enumerated in paragraphs 15.2.1 through 15.2.9
inclusive.
14.7.5 The CITY may refuse to make
payment of the full amount recommended by the
ENGINEER because claims have been made
against the CITY on account of
CONTRACTOR'S performance or furnishing of
the Work, or there are other items entitling the
CITY to credit against the amount recommended,
but the CITY must give CONTRACTOR written
notice (with a copy to ENGINEER) stating the
reasons for such action.
SUBSTANTIAL COMPLETION:
14.8. When the CONTRACTOR considers the
entire Work ready for its intended use, the
CONTRACTOR shall notify the CITY and the
ENGINEER in writing that the Work is substantially
complete and request that the ENGINEER prepare a
Certificate of Substantial Completion. Within a
reasonable time thereafter, the CITY, the ENGINEER
and the CONTRACTOR shall make an inspection of
the Work to determine the status of completion. If the
ENGINEER does not consider the Work substantially
complete, (it is not ready for its intended use) the
ENGINEER shall notify the CONTRACTOR in writing
giving the reasons therefor. If the ENGINEER
considers the Work to be substantially complete, the
ENGINEER will prepare and deliver to the CITY for its
execution and recordation the Certificate of Substantial
Completion signed by the ENGINEER and
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CONTRACTOR which shall fix the Date of
Substantial Completion.
14.9. The CITY shall have the right to exclude
CONTRACTOR from the Work after the date of
Substantial Completion, but the CITY shall allow
CONTRACTOR reasonable access to complete or
correct items on the "punch list".
PARTIAL UTILIZATION:
14.10. Use by the CITY of any finished part of
the Work, which has specifically been identified in the
Contract Documents, or which the CITY, ENGINEER
and CONTRACTOR agree constitutes a separately
functioning and useable part of the Work that can be
used by the CITY without significant interference with
CONTRACTOR'S performance of the remainder of the
Work, may be accomplished prior to Substantial
Completion of all Work subject to the following:
14.10.1. The CITY at any time may
request CONTRACTOR in writing to permit the
CITY to use any such part of the Work which the
CITY believes to be ready for its intended use
and substantially complete. If CONTRACTOR
agrees, CONTRACTOR will certify to the CITY
and ENGINEER that said part of the Work is
substantially complete and request ENGINEER
to issue a certificate of Substantial Completion
for that part of the Work. CONTRACTOR at
any time may notify the CITY and ENGINEER
in writing that CONTRACTOR considers any
such part of the Work ready for its intended use
and substantially complete and request
ENGINEER to issue a certificate of Substantial
Completion for that part of the Work. Within a
reasonable time after either such request, the
CITY, CONTRACTOR and ENGINEER shall
make an inspection of that part of Work to
determine its status of completion. If
ENGINEER does not consider that part of the
Work to be substantially complete, ENGINEER
will notify the CITY and CONTRACTOR in
writing giving the reasons therefor. If
ENGINEER considers that part of the Work to be
substantially complete, the provisions of
paragraphs 14.8 and 14.9 will apply with respect
to certification of Substantial Completion of that
part of the Work and the division of
responsibility in respect thereof and access
thereto.
14.10.2. The CITY may at any time
request CONTRACTOR in writing to permit the
CITY to take over operation of any such part of
the Work although it is not substantially
complete. A copy of such request will be sent to
ENGINEER and within a reasonable time
thereafter the CITY, CONTRACTOR and
ENGINEER shall make an inspection of that part
of the Work to determine its status of completion
and will prepare a list of items remaining to be
completed or corrected thereon before final
payment. If CONTRACTOR does not object in
writing to the CITY and ENGINEER that such
part of the Work is not ready for separate
operation by the CITY, ENGINEER will finalize
the list of items to be completed or corrected and
will deliver such list to the CITY and
CONTRACTOR together with a written
recommendation as to the division of
responsibilities pending final judgment between
the CITY and CONTRACTOR with respect to
security, operation, safety, maintenance, utilities,
insurance, warranties and guarantees for that part
of the Work which will become binding upon the
CITY and CONTRACTOR at the time when the
CITY takes over such operation (unless they
shall have otherwise agreed in writing and so
informed ENGINEER). During such operation
and prior to Substantial Completion of such part
of the Work, the CITY shall allow
CONTRACTOR reasonable access to complete
or correct items on said list and to complete other
related Work.
FINAL INSPECTION:
14.11. Upon written notice from
CONTRACTOR that the entire Work or an agreed
portion thereof is complete, ENGINEER will make a
final inspection with the CITY and CONTRACTOR
and will notify CONTRACTOR in writing of all
particulars in which this inspection reveals that the
Work is incomplete, defective, or not in accordance
with the Contract Documents. CONTRACTOR shall
immediately take such measures as are necessary to
remedy such deficiencies.
FINAL APPLICATION FOR PAYMENT:
14.12. After CONTRACTOR has completed in
writing all such corrections to the satisfaction of
ENGINEER and delivered all maintenance and
operating instructions, schedules, guarantees, Bonds,
certificates of inspection, marked -up record documents
(as provided in paragraph 6.19) and other documents all
GC-35
as required by the Contract Documents, and after
ENGINEER has indicated in writing that the Work is
acceptable and has been completed in conformance
with the drawings and specifications and any approved
changes thereto, CONTRACTOR may make
application for final payment following the procedure
for progress payments. The final Application for
Payment shall be accompanied by all documentation
called for in the Contract Documents.
FINAL PAYMENT AND ACCEPTANCE:
14.13. Upon receipt of written notice from the
CONTRACTOR that the Work has been completed in
conformity with the Drawings and Specifications and
any approved changes thereto, and receipt of the Final
Application for Payment and accompanying
documentation, the ENGINEER shall promptly
examine the Work and, making such tests as he may
deem proper and using all of the care and judgment
normally exercised in the examination of completed
Work by a properly qualified and experienced
Professional ENGINEER, shall satisfy himself that the
CONTRACTOR'S statement appears to be correct and
the CONTRACTOR'S other obligations under the
Contract Documents have been fulfilled. He shall then
inform the CITY in writing that he has examined the
Work and that it appears, to the best of his knowledge
and belief, to conform to the Contract Drawings,
Specifications and any approved Change Orders, that
the CONTRACTORS other obligations under the
Contract Documents have been fulfilled, and that he
therefore recommends acceptance of the Work for
ownership and Final Payment to the CONTRACTOR.
However, it is agreed by the CITY and the
CONTRACTOR that such statement by the
ENGINEER does not in any way relieve the
CONTRACTOR from his responsibility to deliver a
fully completed job in a good and workmanlike
condition, and does not render the ENGINEER or the
CITY liable for any faulty Work done or defective
materials or equipment used by the CONTRACTOR.
14.14. Upon final completion and acceptance of
the Work in accordance with Paragraph 14.13 of the
General Conditions, the CITY shall pay the remainder
of the contract price as recommended by ENGINEER
as provided in said paragraph 14.13. Prior to final
payment, the CONTRACTOR must provide the CITY
with waivers of any and all claims and liens from the
CONTRACTOR and any and all subcontractors, sub -
subcontractors, laborers, or. These waivers are
conditions precedent to final payment. The CITY may
withhold amounts it deems necessary to cover any
claims of which it has been notified of subcontractors,
sub -subcontractors. materiahnen, suppliers or others
from final payment to the CONTRACTOR
14.15. The ENGINEER will then make a final
estimate of the value of all Work done and will deduct
therefrom all precious payments which have been
made. The ENGINEER will report such estimate to the
CITY together with his recommendation as to the
acceptance of the Work or his findings as to any
deficiencies therein. After receipt and acceptance by
the CITY of the properly executed Final Warranty of
Title and after approval of the ENGINEER'S estimate
and recommendation to the CITY, the CITY will make
final payment to the CONTRACTOR of the Amount
remaining after deducting all prior payments and all
amounts to be kept or retained under the provisions of
the Contract Documents, including, but not limited to,
Liquidated Damages, as applicable.
14.16. All prior estimates are subject to
correction in the final estimate. Thirty days after
approval by the CITY of the application for final
payment, the amount recommended by ENGINEER
shall become due and will be paid to Contractor.
CONTRACTOR'S CONTINUING OBLIGATION:
14.17. CONTRACTOR'S obligation to perform
and complete the Work in accordance with the Contract
Documents shall be absolute. Neither recommendation
of any progress or final payment by ENGINEER, nor
the issuance of a Certificate of Substantial Completion,
nor any payment by the CITY to CONTRACTOR
under the Contract Documents, nor any use or
occupancy of the Work or any part thereof by the CITY,
nor any act of acceptance by the CITY nor any failure
to do so, nor any review and approval of a Shop
Drawing or sample submission, nor the issuance of a
notice of acceptability by ENGINEER pursuant to
paragraph 14.13, nor any correction of defective Work
by the CITY will constitute an acceptance of Work not
in accordance with the Contract Documents or a release
of CONTRACTOR'S obligation to perform the Work in
accordance with the Contract Documents.
ARTICLE 15 - SUSPENSION OF WORK AND
TERNIINATION
CITY MAY SUSPEND WORK:
GC-36
15.1. The CITY may, at any time and without
cause, suspend the Work or any portion thereof for a
period of not more than ninety days by notice in writing
to CONTRACTOR and ENGINEER which will fix the
date on which Work will be resumed. CONTRACTOR
shall resume the Work on the date so fixed.
CONTRACTOR shall be allowed an increase in the
Contract Price or an extension of the Contract Time, or
both, directly attributable to any suspension if
CONTRACTOR makes an approved claim therefor as
provided in Articles 11 and 12.
CITY MAY TERNIINATE
15.2. Upon the occurrence of any one or more
of the following events:
15.2.1. If CONTRACTOR
commences a voluntary case under any chapter
of the Bankruptcy Code (Title 11, United States
Code), as now or hereafter in effect, or if
CONTRACTOR takes any equivalent or similar
action by filing a petition or otherwise under any
other federal or state law in effect at such timing
relating to the bankruptcy or insolvency;
15.2.2. If a petition is filed against
CONTRACTOR under any chapter of the
Bankruptcy Code as now or hereafter in effect at
the time of filing, or if a petition is filed seeking
any such equivalent or similar relief against
CONTRACTOR under any other federal or state
law in effect at the time relating to bankruptcy or
insolvency;
15.2.3. If CONTRACTOR makes a
general assignment for the benefit of creditors;
15.2.4. If a trustee, receiver, custodian
or agent of CONTRACTOR is appointed under
applicable law or under contract, whose
appointment or authority to take charge of
property of CONTRACTOR is for the purpose of
enforcing a Lien against such property or for the
purpose of general administration of such
property for the benefit of CONTRACTOR'S
creditors;
15.2.5. If CONTRACTOR admits in
writing an inability to pay its debts generally as
they become due;
15.2.6. If CONTRACTOR fails to
perform the Work in accordance with the
Contract Documents (including, but not limited
to, failure to supply sufficient skilled workers or
suitable materials or equipment or failure to
adhere to the progress schedule established under
paragraph 2.9 as revised from time to time);
15.2.7. If CONTRACTOR disregards
Laws or Regulations of any public body having
jurisdiction;
15.2.8. If CONTRACTOR disregards
the authority of ENGINEER; or
15.2.9. If CONTRACTOR otherwise
violates any provisions of the Contract
Documents;
15.3. The CITY may, after giving
CONTRACTOR and Surety seven days written notice
of any default and to the extent permitted by Laws and
Regulations, terminate the services of CONTRACTOR,
exclude CONTRACTOR from the site and take
possession of the Work and of all CONTRACTOR'S
tools, appliances, construction equipment and
machinery at the site and use the same to the full extent
they could be used by CONTRACTOR (without
liability to CONTRACTOR for trespass or conversion),
incorporate in the Work all materials and equipment
stored at the site or for which the CITY has paid
CONTRACTOR but which are stored elsewhere, and
finish the Work as the CITY may deem expedient. In
such case CONTRACTOR shall not be entitled to
receive any further payment until the Work is finished.
If the unpaid balance of the Contract Price exceeds the
expense of completing the work including
compensation for additional managerial and
administrative services, plus the CITY'S direct, indirect
and consequential losses, damages and costs because of
the CONTRACTOR'S default (including but not limited
to fees and charges of engineers, architects, attorneys,
and other professionals and court costs) such excess
will be paid to CONTRACTOR. If such expenses and
costs plus the CITY'S losses and damages exceed such
unpaid balance, CONTRACTOR shall pay the
difference to the CITY promptly on demand. Such
costs incurred by the CITY will be approved as to
reasonableness by ENGINEER and incorporated in a
Change Order, but when exercising any rights or
remedies under this paragraph the CITY shall not be
required to obtain the lowest price for the work
performed.
GC-37
15.4. Where CONTRACTOR'S services have
been so terminated by the CITY, the termination will
not affect any rights or remedies of the CITY against
CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due
CONTRACTOR by the CITY will not release
CONTRACTOR from liability.
15.5. The CITY may terminate this Contract
without cause by giving seven (7) days prior written
notice to the Contractor, and in such event, the CITY
will pay the CONTRACTOR for that portion of the
Contract Sum, less the aggregate of previous payments,
allocable to the Work completed as of the Date of
Termination, plus reasonable termination expenses.
The CITY also will reimburse the CONTRACTOR for
all costs necessarily incurred for organizing and
carrying out the stoppage of the Work and paid directly
by the CONTRACTOR, not including overhead,
general expenses or profit. The CITY will not be
responsible to reimburse the CONTRACTOR for any
continuing contractual commitments to subcontractors
or material men or for penalties or damages for
canceling such contractual commitments, (with the
exception that the CITY shall reimburse the
CONTRACTOR for major materials or equipment
purchased before termination if the CONTRACTOR
can show proof of said purchases prior to notice of
termination) inasmuch as the CONTRACTOR shall
make all subcontracts and other commitments subject to
this provision. In the event of termination by the CITY,
the CITY may require the CONTRACTOR promptly to
assign to it all or some subcontracts, construction, plant,
materials, tools, equipment, appliances, rental
agreements, and other commitments which the CITY, in
its sole discretion, chooses to take by assignment, and
in such event the CONTRACTOR shall promptly
execute and deliver to the CITY written assignments of
the same.
FISCAL NON -FUNDING
15.6. In the event sufficient budgeted funds are
not available for a new fiscal period, the City shall
notify the Contractor of such occurrence and contract
shall terminate on the last day of the current fiscal
period without penalty or expense to the City.
CONTRACTOR MAY STOP WORK OR
TERMINATE:
15.7. If, through no act or fault of
CONTRACTOR, the Work is suspended for a period of
more than ninety (90) days by the CITY or under an
order of court or other public authority, or ENGINEER
fails to act on any Application for Payment within thirty
(30) days after it is submitted, or the CITY fails for
sixty (60) days to pay CONTRACTOR any sum finally
determined to be due, then CONTRACTOR may, upon
seven (7) days written notice to the CITY and
ENGINEER, terminate the Agreement and the CITY
will pay the CONTRACTOR for that portion of the
Contract Sum, less the aggregate of previous payments,
allocable to the work completed as of the Date of
Termination plus reasonable termination expenses. The
CITY will not be responsible to reimburse the
CONTRACTOR for any continuing contractual
commitments for canceling such contractual
commitments inasmuch as the CONTRACTOR shall
make all subcontracts and other commitments subject to
this provision. The CITY may require the
CONTRACTOR promptly to assign to it all or some
subcontracts, construction, plant, materials, tools,
equipment, appliances, rental agreements, and any other
commitments which the CITY, in its sole discretion,
chooses to take by assignment, and in such event the
CONTRACTOR shall promptly execute and deliver to
the CITY written assignments of the same. In addition
and in lieu of terminating the Agreement, if
ENGINEER has failed to act on an Application for
Payment or the CITY has failed to make any payment
as aforesaid, CONTRACTOR may upon seven (7) days
written notice to the CITY and ENGINEER stop the
Work until payment of all amounts then due. The
provisions of this paragraph shall not relieve
CONTRACTOR of the obligations under paragraph
6.29 to carry on the Work in accordance with the
progress schedule and without delay during disputes
and disagreements with the CITY.
ARTICLE 16 - MISCELLANEOUS
GIVING NOTICE:
16.1. Whenever any provision of the Contract
Documents requires the giving of written notice, it will
be deemed to have been validly given if delivered in
person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or
if delivered at or sent by registered or certified mail,
postage prepaid, to the last business address known to
the giver of the notice.
COMPUTATION OF TIME:
16.2. AThen any period of time is referred to in
the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period.
If the last day of any such period falls on a Saturday or
Sunday or on a day made a legal holiday by the law of
the applicable jurisdiction, such day will be omitted
from the computation.
NO LIAHTATION OF RIGHTS AND REMEDIES:
16.3. The duties and obligations imposed by
these General Conditions and the rights and remedies
available hereunder to the parties hereto, and, in
particular but without limitation, the warranties,
guarantees and obligations imposed upon
CONTRACTOR by paragraphs 6.30, 13.1, 13.12,
13.14, 14.3 and 15.2 and all of the rights and remedies
available to the CITY and ENGINEER thereunder, are
in addition to , and are not to be construed in any way
as a limitation of, any rights and remedies available to
any or all of them which are otherwise imposed or
available by Laws or Regulations, by special warranty
or guarantee or by other provisions of the Contract
Documents, and the provisions of this paragraph will be
as effective as if repeated specifically in the Contract
Documents in connection with each particular duty
obligation, right and remedy to which they apply. All
representations warranties and guarantees made in the
Contract Documents will survive final payment and
termination or completion of the Agreement.
ACCIDENT AND PREVENTION:
16.4. The safety provisions of applicable laws
and building and construction codes shall be observed
by CONTRACTOR and the Contractor shall take or
cause to be taken such additional safety and health
measures as the Local Public Agency involved may
determine to be reasonably necessary. Machinery,
equipment and all hazards shall be guarded in
accordance with the safety provisions of the "Manual of
Accident Prevention in Construction' as published by
the Associated General Contractors of America, Inc. to
the extent that such provisions are not in conflict with
applicable laws. The Contractor shall maintain an
accurate record of all cases of death, occupational
disease, or injury requiring medical attention or causing
loss of time from work, arising out of and in the course
of employment on Work under the Contract. The
Contractor shall promptly furnish the Local Public
Agency with reports concerning these matters.
16.5. In the event the CITY is prevented from
proceeding with any or all of this Work as stated in this
Contract, due to a declaration of war, or national
emergency, by the United States government, whereas
the construction of the type contracted for herein is
specifically prohibited by statute or governmental edict,
or due to the stoppage of construction caused by any
governmental agency, State, City, Town, or County
regulations, orders, restrictions, or due to circumstances
beyond the CITY'S control, then the CITY herein
reserves the right to either suspend the Work to be done
for an indefinite period of time or to cancel this
Agreement outright by giving notice by registered mail
of such intention to the CONTRACTOR herein. In the
event of any conditions above mentioned occurring
after the Work herein has already been commenced,
then the CITY herein shall be liable for only the
cancellation or suspension without the addition of
prospective profits or other changes whatsoever.
FLORIDA PRODUCTS AND LABOR
16.6. The CONTRACTOR`S attention is called
to Section 255.04, Florida Statutes, which requires that
on public building contracts, Florida products and labor
shall be used wherever price and quality are equal.
EMPLOYEES:
16.7. All labor described in these
specifications or indicated on the Drawings and the
Work specified or indicated shall be executed in a
thoroughly substantial and workmanlike manner by
mechanics skilled in the applicable trades.
16.8. Any person employed on the Work who
fails, refuses or neglects to obey the instructions of the
CONTRACTOR in anything relating to this Work or
who appears to the CITY to be disorderly, intoxicated,
insubordinate, or incompetent, shall upon the order of
the CITY, be at once discharged and not again
employed in any part of the Work. Any interference
with, or abuse or threatening conduct toward the CITY,
ENGINEER or their inspectors by the CONTRACTOR
or his employees or agents, shall be authority for the
CITY to annul the Contract and re -let the Work. No
intoxicating substance shall be allowed on the Work
site.
NON-DISCRIMINATION:
16.9. The CONTRACTOR shall not
discriminate against employees or applicants for
employment because of race, creed, color, religion, sex,
age, handicapped status, disabilities, or national origin.
The CONTRACTOR will endeavor to ensure that
applicants are employed and that employees are treated
during employment, without regard to their race, creed,
color, religion, sex, age, handicapped status, or national
origin. Such action shall include but not be limited to
the following: employment, upgrading, demotion, or
transfer; recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and
selection for training including apprenticeship. The
CONTRACTOR agrees to post in conspicuous places,
available to employees and applicants for employment,
notices setting forth the provisions of this
nondiscrimination clause. These provisions apply to all
subcontractors as well.
ASSIGNMENT:
16.10. This Agreement, nor any monies due
hereunder, or any part thereof, shall not be assigned, or
transferred, by CONTRACTOR, nor shall the CITY be
liable to any assignee or transferee, without the written
consent of the CITY, to the assignment, or transfer. The
CITY shall not release or discharge CONTRACTOR
from any obligation hereunder. The CITY shall not
approve an assignment or transfer unless the Surety on
the Contract Performance and Payment Bonds has
informed the CITY in writing that it consents to the
assignment or transfer.
16.11. This Agreement shall be governed by,
construed and interpreted in accordance with the laws
of the State of Florida without regard to the conflicts or
choice of law principals thereof. Each of the parties
hereto: (a) irrevocably submits itself to the exclusive
jurisdiction of the State of Florida, and agree that venue
shall lie exclusively in the Sixth Judicial Circuit Court
in and for Pinellas County, Florida for any state court
action arising out of this Agreement, and exclusively in
the United States District Court for the Middle District
of Florida, Tampa Division, for any federal court action
arising out of this Agreement; (b) waives and agrees not
to assert against any party hereto, by way of motion, as
a defense or otherwise, in any suit, action or other
proceeding, (i) any claim that it is not personally
subject to the jurisdiction of the above -named courts for
any reason whatsoever, and (ii) any claim that such suit,
action, or proceeding by any party hereto is brought in
an inconvenient form or that venue of such suit, action,
or proceeding is improper or that this Agreement or the
subject matter hereof may not be enforced in or by such
courts.
ASBESTOS;
16.12. If the CONTRACTOR during the course
of the 'Work observes the existence of asbestos in any
structure, building or facility, the CONTRACTOR shall
promptly notify the CITY and the ENGINEER. The
CITY shall consult with the ENGINEER regarding
removal or encapsulation of the asbestos material and
the
CONTRACTOR shall not perform any Work pertinent
to the asbestos material prior to receipt of special
instructions from the CITY through the ENGINEER.
RIGHT TO AUDIT.
16.13. If the CONTRACTOR submits a claim
to the CITY for additional compensation, the CITY
shall have the right, as a condition to considering the
claim, and as a basis for evaluation of the claim, and
until the claim has been settled, to audit the
CONTRACTOR'S books to the extent they are relevant
This right shall include the right to examine books,
records, documents, and other evidence and accounting
procedures and practices, sufficient to discover and
verify all direct and indirect costs of whatever nature
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
iNI TRACTOWS 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
desirable during the CONTRACTOR'S normal business
hours at the office of the CONTRACTOR. The
accounting records and documents, and other financial
data, and upon request, shall submit true copies of
requested records to the CITY.
CONTRACTOR'S PUBLIC RECORDS
OBLIGATIONS
16.14 Pursuant to Section I19.0701, 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 term is defined in
Chapter 119, Florida Statutes ("Public Records"), that
GC-40
ordinarily and necessarily would be required by the
City in order to perform the work contemplated by this
Contract; (b) provide the public with access to Public
Records, on the same terms and conditions that the City
would provide the records and at a cost that does not
exceed the costs provided in Chapter 119, Florida
Statutes, or as otherwise provided by law; (c) ensure
that Public Records that are exempt or confidential and
exempt from public records disclosure requirements are
not disclosed except as authorized by law; (d) meet all
requirements for retaining Public Records and transfer,
at no cost, to the City all public records in possession of
the Contractor within thirty (30) days after termination
of this Contract, however terminated, and destroy any
duplicate Public Records that are exempt or confidential
and exempt from public records disclosure
requirements and provide the City with a letter
confirming that this has been done within thirty (30)
days of the termination of this Contract. All Public
Records stored electronically must be provided to the
City in a format that is compatible with the information
technology of the City. If Contractor does not comply
with a public records request, the City may pursue any
and all remedies available in law or equity, including
but not limited to specific performance. The provisions
of this section only apply to those tasks in which
Contractor is acting as an agent of the City
Company: BLD SERVICES, LLC
Date SEPTEMBER 14, 2018
Sig
uthorized Cor
ner e ate Officer)
JACOB TRAPANI / VICE PRESIDENT
JACOB TRAPANI / VICE PRESIDENT
(Typed/Printed)
Corporate Seal
GC 41
PO Box 296
LARGO Largo, FL33779
Largo.corn
City of Largo, Florida
Post Office Box 296, Largo, Florida 33779-0296
Office of Management and Budget
CITY OF LARGO, FLORIDA
ADDENDUM #1
TO
INVITATION FOR BID
FOR
Administration (727) 587-6727
FAX (727) 586-7420
TRENCHLESS SANITARY AND STORM SEWER REHABILITATION
BID #19-B-645
TO:
FROM:
DATE:
Potential Bidders
Joan Wheaton , Procurement Analyst
Jerald Woloszynski, P.E., Director
August 24, 2028
PLEASE NOTE THE ATTACHED CHANGES TO BID NUMBER 19-B-645
SEE ATTACHED PAGE: A-1
Questions concerning this addendum should be directed to Robert C. Hatton, Engineer II,
Engineering Services Department, (727) 587-6713.
Please return the signed original of this Addendum with your Bid package.
I have read and understand the Addendum to Bid Number 19-B-645
Signature
Firm BLD SERVICES L
Typed Name and Title JACOB TRAPANI / VICE PRESIDENT
EXAtD1t 13
BLD SERVICES, LLC
2424 TYLER STREET
Bidder will complete the Work for the following prices: KENNER, LA 70062
504-466-1344
SCHEDULE OF BID PRICES
Bid Number Bid Item Quantity Unit Unit Cost Total Cost
Group 1 Cured -in -Place Pipe (CIPP) Main Line Lining
1
8 in, x 6 mm CIPP
35,000
LF
NIA
N/A
Cost for each 1.5 mm Increase in Thickness of 8
NIA
NIA
2
in. Liner
15,000
LF
3
10 in. x 6 mm CIPP
7,500
LF
N/A
N/A
Cost for each 1.5 mm Increase in Thickness of 10
4
in. Liner
5.000
LF
N/A _
NIA
5
12 in. x 6 mm CIPP
2.500
LF
N/A
Cost for each 1.5 mm Increase in Thickness of 12
6
in. Liner
1,500
LF
N/A
N/A
7
15 in. x 6 mm CIPP
1,000
LF
N/A
N/A
Cost for each 1.5 mm Increase in Thickness of 15
8
in. Liner
500
LF
NIA
N/A
9
18 in. x 6 mm CIPP
1,000
LF
N/A
N/A
Cost for each 1.5 mm Increase in Thickness of 18
10
in. Liner
500
LF
N/A
NIA
11
21 in, x 7.5 mm CIPP
250
LF
N/A
N/a
Cost for each 1.5 mm Increase in Thickness of 21
12
in. Liner
150
LF
NIA
NIA
13
24 in. x 7.5 mm CIPP
500
LF
NIA
NIA
Cost for each 1.5 mm Increase in Thickness of 24
14
in. Liner
250
LF
NIA
N/A
15
30 in. x 9 mm CIPP
500
LF
NIA
NIA
Cost for each 1.5 mm Increase in Thickness of 30
16
in. Liner
250
LF
NIA
NIA
17
36 in. x 10.5 mm CIPP
500
LF
N/A
NIA
Cost for each 1.5 mm Increase in Thickness of 36
18
in. Liner
250
LF
NIA
NIA
19
42 in. x 10.5 mm CIPP
400
LF
N/A
N/A
Cost for each 1.5 mm Increase in Thickness of 42
20
in. Liner
200
LF
NIA
NIA
21
48 in. x 12 mm CIPP
400
LF
NIA
NIA
Cost for each 1.5 mm Increase in Thickness of 48
22
in. Liner
200
LF
NIA
NIA
23
54 in. x 12 mm CIPP
300
LF
N/A
N_1_A
Cost for each 1.5 mm Increase in Thickness of 54
24
in. Liner
200
LF
N/A
N/A
25
60 in, x 12 mm CIPP
300
LF
NIA
N/A
Cost for each 1.5 mm Increase in Thickness of 60
26
in. Liner
200
LF
N/A
N/A
BLD SERVICES, LLC
Bidder will complete the Work for the following prices: 2424 TYLER STREETKENNER, LA 70062
SCHEDULE OF BID PRICES 504-466-1344
Bid Number Bid Item Quantity Unit Unit Cost Total Cost
27
72 in. x 12 mm CIPP
300
LF
NIA
NIA
Cost for each 1.5 mm Increase in Thickness of 72
28
in. Liner
200
LF
N/A
NIA
29
84 in. x 12 mm CIPP
200
LF
NIA
NIA
Cost for each 1.5 mm Increase in Thickness of 84
30
in. Liner
150
LF
NIA
NIA
Group 1 Total Bid:
NIA
Group 2
Fold and Form Liner - PVC
31
B" Fold and Form PVC Liner
8,000
LF
NIA
NIA
32
10" Fold and Form PVC Liner
2,500
LF
NIA
NIA
33
12" Fold and Form PVC Liner
2,500
LF
NIA
NIA
Group 2 Total Bid:
NIA
Group 3
Cured -in -Place Plpe (CIPP) Service Lateral
Lining
Initial Service Lateral CCTV Inspection (4"-6")
34
From Main, Up To 30 LF
500
EA
250.00
125,000.00
Initial Service Lateral CCTV Inspection (4%6"),
35
From Main, Per LF, Beyond Initial 30 Ft.
5,000
LF
0.25
1,250.00
Initial Service Lateral CCTV Inspection (4"-6")
36
From Clean Out, Up To 30 LF
200
EA
75.00
15,000.00
Initial Service Lateral CCTV Inspection (4"-6")
37
From Clean Out, Per LF, Beyond Initial 30 Ft.
2,500
LF
0.25
625.00
CIPP Lateral Liner, 4" - 6" Dia. Up To 30 LF, with
38
Main/Lateral Connection System
250
EA
2,985.00
746,250.00
CIPP Lateral Liner, 4" -6" Dia. Per LF Beyond Initial
39
30 Ft.
3,750
LF
10.00
37,500.00
Clean -Out Installation in Grass Area (Up to 5 ft. in
40
depth)
100
EA
850.00
85,000.00
Clean -Out Installation in Asphalt Area (Up to 5 ft.
41
in depth)
10
EA
1,000.00
10,000.00
Clean -Out Installation in Concrete Area (Up to 5 ft.
42
in depth)
100
EA
1,200.00
120,000.00
43
Clean -Out Installation (Beyond 5 ft. in depth)
150
VF
150.00
22,500.00
Group 3 Total Bid:
$1,163,125.00
BLD SERVICES, LLC
Bidder will complete the Work for the following prices: 2424 TYLER STREET
KENNER, LA 70062
SCHEDULE OF BID PRICES 504-466-1344
Bid Number Bid Item Quantity Unit Unit Cost Total Cost
Group 4 Joint Sealing with Chemical Grout
44
Test Joint - 8" Dia.
3,000
EA
N/A
N/A
45
Test Joint - 10" Dia.
1,000
EA
N/A
N/A
46
Test Joint - 12" Dia.
1,000
EA
N/A
N/A
47
Grout Seal Failed Joints - 8" Dia
2,000
EA
N/A
N/A
48
Grout Seal Failed Joints - 10" Dia
750
EA
N/A
N/A
49
Grout Seal Failed Joints - 12" Dia
750
EA
N/A
N/A
50
Seal Service Lateral Connections
250
EA
NIA
N/A
Group 4 Total Bid:
N/A
Group 5
Common Work Tasks
Mobilization, </= 1.200 LF or </= 10 Lateral
51
Liners per Task Order
10
EA
1,500.00
15,000.00
Mobilization, > 1,200 LF or > 10 Lateral Liners per
52
Task Order
15
EA
500.00
7,500.00
53
Maintenance of Traffic, FDOT
10
DAY
800.00
8,000.00
Maintenance of Traffic, City/County
54
Arterial/Collector
30
DAY
600.00
18,000.00
Maintenance of Traffic, City/County
55
Minor/Residential
50
DAY
400.00
20 000.00
Work in Rear Easements and/or Away From
56
Travelways
30
EA
1,000.00
30,000.00
57
Specialty Cleaning, 8" Dia. (Groups 1, and 2)
500
LF
N/A
N/A
58
Specialty Cleaning, 10"- 18" Dia. (Groups 1, and 2)
500
LF
NIA
NIA
59
Specialty Cleaning, 24"-36" Dia. (Group 1 Only)
300
LF
N/A
N/A
60
Specialty Cleaning, 42"-54" Dia. (Group 1 Only)
300
LF
N/A
N/A
61
Specialty Cleaning, 60"-84" Dia. (Group 1 Only)
200
LF
N/A
N/A
62
Hammer Tap Removal
10
EA
500.00
51000.00
Lateral Reinstatement and Grouting (Groups 1,
63
and 2)
Soo
EA
N/A
N/A
64
Warranty Cleaning and CCTV Inspection
15,000
LF
2.50
37,500.00
Group 5 Total Bid:
$141,000.00
CRY OF LARGO, FLORIDA
BID FORD
FOR
TRENCHLESS SANITARY AND STORM SEWER REHABILtTAT1ON
BID # 1943-645
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.
led
zs- �sr k� 1310
oil 11 = z IP s.
THIS BM MUST BE S1GI+ED BY A PERSON AUTHORIZED TO ACT FOR. THE COMPANY IN
HIS M OWN NAME.
BIDDER NAME: BLD SERVICES, LLC
ADDRESS:
2424 TYLER STREET, KENNER, LA 70062
PURCHASE ORDER
ADDRESS:
2424 TYLER STREET, KENNER, LA 70062
PHONE NUMBER:
504-466-1344
FAX NUMBER:
504-461-5971
COMPANY CONTACT (REP):
JACOB TRAPANI
EMAIL ADDRESS(REP):
'acob et
SIGNATURE:
_ •
TAX ID# SSN or EIN:
72-1512625