Fort Walton Beach Council agenda — 07-23-13--special---alconese rezoning — reading text

AWARD: Transfield Services will consider award of the Contract to the bidder Contract # 4600001084- Page 5 of 17  4.i:a submitting the lowest responsive and responsible bid. Transfield Services reserves the right to reject any or all bids, when doing so would be in Transfield Services' 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 TRANSFIELD SERVICES may take any other course of action, which is determined solely by Transfield Services cm q 2. EXECUTION OF CONTRACT: The successful bidder shall execute and return the necessary contract documents within 30 calendar days of award. No bid award will be considered binding upon Transfield Services until the execution of the contract by Transfield Services Zrn Transfield Services will endeavorto execute the contract within 5 days aftertimely receipt of the executed Contract and /or other necessary or requested documents from p the Contractor. Failure of the Contractor to execute and /or provide all required documents within the O time limits specified may result in award to another Contractor. au 3. AUTHORITY OF THE PROJECT MANAGER: The administration of this project for Z Transfield Services shall be through its Project Manager, who may act either directly or rn o 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. _ r 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 c part of the Contractor. The Project Manager shall have the authority to alter work priorities in order to address special needs of Transfield Services or to enforce and make effective such decisions and orders as deemed necessary if the Contractor fails to 0 diligently carry out the work in accordance with these Contract Documents. U Work shall be subject to periodic daily inspection. The quality and acceptance of workmanship will be determined during these inspections. Areas that are determined z to be unacceptable shall be re- worked by the Contractor at no additional cost to n Tra nsfield Services The Project Manager will use reasona ble judgment when evaluating a completed work and any decision as to acceptance or rejection will be final. mN 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 H interest. Suspension of work under this provision shall not be grounds for additional LL compensation to the Contractor. Transfield Services reserves the right to perform any type of highway maintenance cmE within the limits of the work, including concurrent work by Transfield Services or other m Transfield Services Contractors. Concurrent work may include the type of work noted in these Contract Documents. 2a 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 Contract # 4600001084- Page 6 of 17  4. 1. a 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 TRANSFIELD SERVICES 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 imposed by DOT on TRANSFIELD SERVICES resulting from these failures. In addition, TRANSFIELD SERVICES may take steps to have the work corrected. Once the contractor is notified that TRANSFIELD SERVICES is taking corrective action, the contractor shall refrain from performing work on the item in question unless approved by the Project Manager. The costs associated with these measures will be at the Contractors sole cost and expense and will be deducted from any monies due the contractor, if any, or repaid to TRANSFIELD SERVICES, by the Contractor, within 20 days. 6. WORK ACCEPTANCE: Upon completion of the assigned work the Contractor will notify N the Project Manager or his or her designee that the work is complete and the work quantities and quality were accomplished in accordance with the Contract work order. The work order will be reviewed and signed by both the Contractor and Transfield y Services on the day the work is completed. All completed work will be reviewed to verify a quality and quantity, prior to accepting the Contractor's work and signing the Work Order. The Contractor will submit a copy of the signed work order with its invoice for m payment. The Contractor shall execute the contract "Close -out and Release Form ", as F part of final payment procedure, or annual renewal. v The Contractor agrees that Transfield Services' inspection, review, acceptance, approval, or payment for the Contractor' s work shall not relieve the Contractor of the Contractor' s r or Sub- Contractor' s of any tier) sole responsibility for the work, including latent defects LL in material and /or application, workmanship, use, quality, or Contractor's negligent acts, errors, omissions, or Contractor' s improperly performing or improperly failing to E perform the work under this contract. rVN 7. MATERIALS: All materials shall conform to applicable sections of the Florida C Department of Transportation ( FDOT) Standard Specifications for Road and Bridge Construction ( Latest edition), as amended and supplemented, unless otherwise specified in the Special Provisions. Contract # 4600001084- Page 7 of 17  F- 4.1. a Used, reconditioned, or remanufactured supplies shall not be utilized unless otherwise specified or approved in writing by the Project Manager. Any and all salvageable materials within the limits of each work site shall be utilized in that work site at no additional cost. If not used, the material becomes the property and responsibility of the Contractor. 8. TRAFFIC CONTROL: The Contractor is responsible for work site safety and work zone traffic control. All traffic control devices shall conform to and be placed in accordance with the requirements of Part VI of the U. S. DOT Manual on Uniform Traffic Control Devices ( MUTCD). For operations requiring closure of travel lane( s), Contractor shall comply with the, Worksite Traffic Supervisor, Department of Transportation Standard Index 600 series of the Roadway & Traffic Design Standards, latest edition. Transfield Services will fully enforce all Traffic control provisions; no deviations from the manual are expected or will be permitted unless otherwise approved in writing by the Project Manager. The Contractor shall furnish any traffic control devices, including law enforcement supports when required, and temporary sign panels, necessary to perform this work and shall be responsible for their cost, placement, proper maintenance, and removal. In addition to mainline signing, proper signs shall be displayed on all affected ramps prior to the start of operations in interchange areas. For work orders requiring maintenance of traffic, the Contractor shall submit to the Project Manager for review, prior to beginning work, two (2) copies of their proposed traffic and safety plan. The Contractor' s safety and traffic