Fort Walton Beach Council agenda — 09-08-2009 regular — reading text

services specified in this Contract in accordance with all generally accepted industry standards and practices, in a workmanlike manner and in full compliance with all terms and conditions of this Contract. 2. FLORIDA DEPARTMENrC OF TRANSPORTATION is here in after referred to as FDOT or DOT. 3. WORK PROGRESS: The Contractor shall perform work in a continuous and expeditious rnanner. Failure to do so may constitute unsatisfactory progress. 4. EXAMINATION OF WORK SITE AND CONTRACT DOCUMENTS: It is the bidder's responsibility to examine the site of the proposed work and all documents comprising the Contract before submitting a bid. The submission of a bid will be considered evidence that the bidder has inspected and is aware of all conditions which could affect the work, understands the meaning and intent of the contract documents, and has included appropriate amounts in its bid to cover the cost of the prescribed work. All manuals, specifications, standards and related written materials referenced in this contract are available for review and coping at the location of the VMS, Inc. office where the bid is to be submitted. 5. LABOR, MATERIALS AND EQUIPMENT: The Contractor shall furnish all labor, materials, supplies, equipment, tools, transportation, supervision, traffic control, including Lave Enforcement supports, incidentals, etc. necessary to complete the work. 6. COORDINATION OF WORK: The Contractor shall coordinate work activities with any others which may be underway in the vicinity of the work site( s). The Contractor may, for the purpose of coordination, request a meeting with any other party responsible for such activities. The Contractor shall attend any and all meetings when requested to do so by VMS, Inc. General Contract Conditions —Page 1 of 13 36- 7. WORK SCHEDULE: Work shall be performed 7: 00am until 5: 00pm ( daylight hours) Monday through Friday unless otherwise specified or approved by the Project Manager. The Contractor shall schedule work to minimize inconvenience to the users of the highway. No work shall be performed when the visibility is less than 1500 feet without the written approval of VMS, Inc.More restrictive time limits for work may be described in the Special Provisions and Attachment A (i. e. nights, weekends, etc.). 8. TIME ADJUSTMENTS: An extension of the contract or work order time may be allowed when a major item of work is delayed for reasons beyond the control of the Contractor. The Contractor is not entitled to additional compensation as a result of such an extension. Extensions will not be granted for foreseeable delays or delays caused by the Contractor. 9. CONTRACTOR' S SUPERINTENDENT: The Contractor shall at all times have on the work site, as his /her agent, a competent English- speaking superintendent capable of thoroughly interpreting the contract documents and experienced in the type of work being performed. The superintendent shall have full authority to perform the work:, , execute the orders or directions of VMS, Inc. and to supply promptly any materials, tools, equipment, labor, incidentals, etc. which may be required to perform the work. 10. CONTRACTOR' S EQUIPMENT: The Contractor shall have available and in good working order, prior to award of this contract, all necessary equipment for this work which shall be of sufficient size, type and quantity as selected and supplied, at the sole discretion of the Contractor, to complete the work. The Contractor's trucks and /or other road -going equipment shall have the company' s name prominently and legibly displayed on the truck or equipment. The Contractor may park equipment within 30 feet of the right -of w - ay line and the contractor may park equipment on the right -of -way overnight as close to the right -of -way line as possible with prior approval of the Project Manager. Contractor' s equipment shall not be parked overnight in the median regardless of the width of the median. The Project Manager shall approve all staging areas on the right -of w - ay. Contractors choosing to park equipment on right -of w - ay do so at their sole risk. Neither DOT nor VMS, Inc. shall be liable for any loss, including but not limited to damage, theft, vandalism, etc. 11. WAIVER OF CONTRACT TERMS AND CONDITIONS: Any waiver, or non- enforcement of any contract terms and conditions by VMS, Inc. shall not constitute approval or be considered as a precedence for the future waiver of the same contract terms and conditions. A waiver of any contract terms and conditions, shall not render any other portion of the contract to be unenforceable by VMS, Inc 12. DEPARTMENT STANDARDS: Unless otherwise approved by the Project Manager, work performed and material used under this contract shall conform to the latest version of all FDOT manuals. Standards, specifications, statewide special specifications, policies, procedures and their addenda, as they may be amended, supplemented or updated. These include, but are not limited to the following: General Contract Conditions —Page 2 of 13 37-  a. Standards and Specifications including all supplemental specifications and special provisions in the specifications workbook. b. Standard Specification for Road and Bridge Construction ( in last edition) c. Design Manual d. MUTCD e. Standard Maintenance Special Provisions f. Maintenance Activity Standards g. Workbook of Implemented Modifications in the Standard Specifications h. Qualified Products List i. The attached Special Provisions j. Design Standards for Design, Construction, Maintenance and Utility Operations. B. CONTROL OF WORK 1. AWARD: VMS, Inc. will consider award of the Contract to the bidder submitting the lowest responsive and responsible bid. VMS, Inc. reserves the right to reject any or all bids, when doing so would be in VMS, Inc.'s best interest. If the contract. is not awarded to the low bidder for any reason, award may be made to the next lowest responsive bidder. The work may be re- advertised, re -bid or VMS may take any other course of action, which is determined solely by VMS, Inc. 2. EXECUTION OF CONTRACT: The successful bidder shall execute and return the necessary contract documents within 10 calendar days of award. No bid award will be considered binding upon VMS, Inc. until the execution of the contract by VMS, Inc. VMS, Inc. will endeavor to execute the contract within 5 days after timely receipt of the executed Contract and /or other necessary or requested documents from the Contractor. Failure of the Contractor to execute and /or provide all required documents within the time limits specified may result in award to another Contractor. 3. AUTHORITY OF THE PROJECT MANAGER: The administration of this project for VMS, Inc. shall be through its Project Manager, who may act either directly or through duly authorized representatives. The Project Manager will inspect and evaluate the work of the Contractor for general conformity to the Contract. All work shall be done to the satisfaction of the Project Manager. The Project Manager will decide all questions which may arise as to 1) the quality and acceptability of work performed; 2) the rate of progress of the work; 3) the interpretation of the Contract; and 4) the acceptable fulfillment of the Contract on the part of the Contractor. The Project Manager shall have the authority to alter work priorities in order to address special needs of VMS, Inc. or to enforce and make effective such decisions and orders as deemed necessary if the Contractor fails to diligently carry out the work in accordance with these Contract Documents. Work shall be subject to periodic daily inspection. The quality and acceptance of workmanship will be determined during these inspections. Areas that are determined to be unacceptable shall be re- worked by the Contractor at no additional cost to VMS, Inc. General Contract Conditions —Page 3 of 13 38-  The Project Manager will use reasonable judgment when evaluating completed work and any decision as to acceptance or rejection will be final. During the prosecution of the work, the Project Manager may have the right:, but not the obligation to suspend the work, wholly or in part, due to failure of the Contractor to 1) correct conditions unsafe for the workers, or the general public 2) for failure to carry out provisions of this Contract 3) failure of the Contractor to suspend operations due to unsuitable weather 4) and other conditions or reasons deemed to be in the public's interest. Suspension of work under this provision shall not be grounds for additional compensation to the Contractor. VMS, Inc. reserves the right to perform any type of highway maintenance within the limits of the work, including concurrent work by VMS, Inc. or other VMS, Inc. Contractors. Concurrent work may include the type of work noted in these Contract Documents. 4. COMMENCEMENT OF WORK: The Project Manager will issue a Work Order notifying the Contractor to proceed with the work. The Contractor shall begin work no later than fourteen ( 14) calendar days after the issue date of the initial Work. Order. The Contractor shall begin work no later than five 5 calendar days after the issue date of subsequent Work Orders. Unless otherwise specified or noted in the Work Order or Special Provisions, all Work Orders must be complete WITHIN 14 CALENDAR DAYS. If the Contractor begins work prior to the limits noted above, Work Order completion time will begin to accrue when the Contractor begins work. The Project Manager will schedule a Pre -Work conference to review the work to be done and the requirements of the Contract prior to issuing the initial Work Order. At the pre - work or earlier, the Contractor shall submit to the Project Manager for review two ( 2) copies of the Contractor's proposed work plan and methods for performing the required work including a listing of equipment ( Attachment C) and anticipated personnel. 5. LIQUIDATED DAMAGES: Liquidated damages of $250 /Calendar Day ( subject to adjustment, see the Special Provisions) may be charged against the Contractor for each calendar day beyond that provided in the Work Order, in which the work remains incomplete. These charges are not a penalty, but both parties agree, fairly represent the cost of administration, engineering, supervision, inspection, and other VMS expenses related to the Contract. If the contractor fails to meet the performance standards identified in the contract, in addition to the liquidated damages, the contractor will be responsible for any penalties