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Documentation_Regular_Tab 21_8/12/2021
Agenda Item #21. Regular Council STAFF MEMO Meeting: Regular Council - Aug 12 2021 Staff Contact: Matthew Hammond, Utilities Department: Utilities Director Authorize Piggyback Contract and Purchase Order with Felix & Associates of Florida for Utility Infrastructure Repairs and Improvements - Concentrate Disposal Pipe Relocation ci innnnnDv. The Utilities Department has a need to relocate the concentrate disposal pipe and diffuser adjacent to the Jupiter Federal Highway (US1) Bridge as required by the Florida Department of Transportation (FDOT) right-of-way permit. Concentrate is a byproduct left behind when groundwater is pushed through reverse -osmosis membranes and is typically disposed of via surface water discharge or deep - injection well. The concentrate generated at the Village Water Treatment Plant (WTP) is disposed via a permitted discharge into the Loxahatchee River through the Florida Department of Environmental Protection (FDEP), the same method of disposal used by the Town of Jupiter. Village staff and Kimley-Horn & Associates have been coordinating with FDOT and FDEP for several years to identify a feasible and cost-efficient plan for the required relocation. The proposed relocation plan agreed to in concept by FDOT and FDEP involves temporarily moving the discharge point to the west side of the bridge until the bridge construction is complete when it will be moved back. In addition, the existing location of the concentrate disposal main at the intersection with Jupiter Point Drive is in conflict with the future stormwater infrastructure and requires temporary relocation. The FDOT is beginning the construction phase of replacing the existing Jupiter Federal Highway Bridge. The first relocation required to accommodate the new bridge is at the intersection with Jupiter Cove Drive. The Town of Jupiter is also required to relocate a water main at this location. To ensure a competitive price and efficient coordination with the Town of Jupiter, staff recommends that the Village complete the relocation the intersection with Jupiter Cove Drive in conjunction wtih the Town of Jupiter by piggybacking the current Town of Jupiter contract that was awarded to Felix & Associates of Florida, Inc. This selection by the Town of Jupiter was completed through a competitive selection process — Unit Price Contract for Utility Infrastructure Repairs & Improvements [Bid #W1831]. Piggyback contracts are a form of intergovernmental cooperative purchasing in which an entity is extended the pricing and terms of a competitively awarded contract by another federal, state or municipal government. When used correctly, piggyback contracts can save Village time and resources and leverage spending through economies of scale. If approved, the Village would accept Felix & Associates of Florida's pricing by piggybacking the Town of Jupiter contract including all terms, conditions and pricing therein. The term of the contract is set to expire on 09/12/2021. Page 217 of 475 Agenda Item #21. Within the approved FY 2021 budget $100,000 was budgeted for concentrate disposal relocation. Through the proposed piggyback agreement, the Utilities Department obtained a price of $50,153.05 for the work. As a result, a purchase requisition is requested in the amount of $50,153.05 with Felix & Associates of Florida for relocating the existing concentrate disposal main at the intersection with Jupiter Point Drive. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443. BUDGETED AMOUNT: AVAILABLE AMOUNT: EXPENDITURE AMOUNT: $100,000 $100,000 $50,153.05 Additional Budgetary Information: Funding Source(s): Water Enterprise Fund POTENTIAL MOTION- • REQUESTED: Authorize piggyback contract and associated purchase requisition with Felix & Associates of Florida for relocating the existing concentrate disposal main at the intersection with Jupiter Point Drive. Proposed Agreement - Utility Infrastructure Repairs - Felix Associates of Florida.ada Proposed Work Authorization No. 1 - Utility Relocation - Felix Associates of Florida.ada Page 218 of 475 Agenda Item #21. The following document is presented in a non- ADA compliant format. Please contact the Village Clerk's office if you would like to receive an ADA compliant version of this document. Page 219 of 475 Agenda Item #21. VILLAGE OF TEQUESTA AGREEMENT FOR UTILITY INFRASTRUCTURE REPAIRS AND IMPROVEMENTS THIS AGREEMENT FOR UTILITY INFRASTRUCTURE REPAIRS AND IMPROVEMENTS is entered into and effective this day of July, 2021, by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, organized and existing in accordance with the laws of the State of Florida, hereinafter "the Village"; and FELIX ASSOCIATES OF FLORIDA, INC., a Florida corporation with offices located at 8526 SW Kansas Avenue, Stuart, Florida 34997, hereinafter "the Contractor", and collectively with the Village, "the Parties". WITNESSETH The Village and the Contractor, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties, hereby agree as follows: 1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement whereby the Contractor shall perform miscellaneous utility infrastructure maintenance, repairs, and improvements for the Village's water and stormwater systems under an hourly priced contract for the provisions of crews with equipment. Crews and equipment shall be available on an as - needed basis with no guarantee by the Village of the amount of usage. Work may include non - emergency and emergency work. The Parties agree to enter into this Agreement and piggyback for the provision of utility infrastructure maintenance, repair, and improvement services at the unit prices described in the Town of Jupiter Contract for Utility Infrastructure Repairs & Improvements, awarded through ITB No. W 1831 (the "Town of Jupiter Contract"). Said Contract, including its teens, conditions, specifications, and attached Addenda, are hereby fully incorporated into this Agreement and attached hereto as Exhibit "A". Authorization to piggyback on the Town of Jupiter Contract and Addenda is hereby fully incorporated into this Agreement and attached hereto as Exhibit `B". 2. COMPENSATION: In consideration for the above Scope of Services, pricing shall be pursuant to the unit prices provided in Exhibit "A". The Parties hereby agree to the Village's purchase of supplies and/or services in greater or lesser amounts than estimated in the Town of Jupiter Contract, as may be referenced by in Exhibit "A". Page 1 of 7 Page 220 of 475 Agenda Item #21. 3. TERM; TERMINATION; NOTICE: Pursuant to the Town of Jupiter Contract, the original contract term expired on September 12, 2020. The Town of Jupiter renewed the contract for one (1) additional one-year term through the Town of Jupiter Contract's Change Order No. 1, extending the term until September 12, 2021. The Town of Jupiter Contract's Change Order No. 1 is attached to this Agreement as Exhibit "C". Pursuant to Article 15 of the Town of Jupiter Contract's General Conditions, as provided in Exhibit "A", this Agreement may be terminated by the Village, for cause or for convenience, upon seven (7) days written notice to the Contractor. Termination for cause shall be justified by any of the events provided in Section 15.01 of the Town of Jupiter Contract's General Conditions. Notwithstanding the foregoing, this Agreement will not be terminated for cause if Contractor, within seven (7) days receipt of notice of intent to terminate from the Village, begins to correct its failure to perform and proceeds diligently to cure such failure within no more than thirty (30) days receipt of said notice on intent to terminate from the Village. Notice shall be considered sufficient when sent by certified mail or hand delivered to the Parties during regular business hours at the following addresses: Village Contractor Village of Tequesta Felix Associates of Florida, Inc. 345 Tequesta Drive 8526 SW Kansas Avenue Tequesta, FL 33469 Stuart, FL 34997 Attn: Matthew Hammond, PE Attn: Benjamin Miller, Utilities Director Vice President 4. INSURANCE: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as are specified in Exhibit "A" and shall name the Village as an "additional insured" on the liability portion of the insurance policy. 5. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and hold harmless the Village, its agents, servants, and employees, from and against any claim, demand or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of services under this Agreement. Nothing contained in this provision shall be construed or interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes. Page 2 of 7 Page 221 of 475 Agenda Item #21. 6. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the date hereof This notice is required by Section 287.133(3)(a), Florida Statutes. 7. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an independent contractor and not an employee of the Village. Both the Village and the Contractor agrees that this Agreement is not a contract for employment and that no relationship of employee —employer or principal —agent is or shall be created hereby, nor shall hereafter exist by reason of the performance of the services herein provided. 8. INSPECTOR GENERAL: Pursuant to Sections 2-4212-432 of the Palm Beach County Code of Ordinances, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 9. E-VERIFY ELIGIBILITY. The Contractor warrants and represents that it is in compliance with Section 448.095, Florida Statutes, as may be amended. No later than January 1, 2021, the Contractor shall: (1) register with and use the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of all newly hired workers; and (2) verify that all of the Contractor's subconsultants performing the duties and obligations of this Agreement are registered with and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers. The Contractor shall obtain from each of its subconsultants an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in Section 448.095(l)(k), Florida Statutes, as may be amended. The Contractor shall maintain a copy of any such affidavit from a subconsultant for, at a minimum, the Page 3 of 7 Page 222 of 475 Agenda Item #21. duration of the subcontract and any extension thereof. This provision shall not supersede any provision of this Agreement which requires a longer retention period. The Village shall terminate this Agreement if it has a good faith belief that the Contractor has knowingly violated Section 448.09(1), Florida Statutes, as may be amended. If the Contractor has a good faith belief that the Contractor's subconsultant has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, the Village shall notify the Contractor to terminate its contract with the subconsultant and the Contractor shall immediately terminate its contract with the subconsultant. In the event of such contract termination, the Contractor shall be liable for any additional costs incurred by the Village as a result of the termination. 10. SCRUTINIZED COMPANIES: For Contracts under $IM, the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and that it is not engaged in a boycott of Israel. The Village may terminate this Agreement at the Village's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes, if the Contractor has been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, or if Contractor is engaged in a boycott of Israel. For Contracts over $1M, the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes. The Contractor further certifies that it is not engaged in a boycott of Israel, and that it does not have business operations in Cuba or Syria, as similarly provided in Section 287.135, Florida Statutes. The Village may terminate this Agreement at the Village's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes or if the Contractor has been placed on one of the aforementioned lists created pursuant to Section 215.4725, Florida Statutes. Additionally, the Village may terminate this Agreement at the Village's option if the Contractor is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes. 11. ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement, the prevailing party shall be awarded attorney's fees, including fees on appeal. 12. FORCE MAJEURE: The Contractor shall not be considered in default by reason of any failure in performance under this Agreement if such failure arises out of causes reasonably Page 4 of 7 Page 223 of 475 Agenda Item #21. beyond the control of the Contractor or its subcontractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; acts of war; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. 13. CHOICE OF LAW; VENUE: This Agreement shall be governed and construed in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to this Agreement. 14. AMENDMENTS & ASSIGNMENTS: This Agreement, all Exhibits attached hereto, and required insurance certificates constitute the entire Agreement between both parties; no modifications shall be made to this Agreement unless in writing, agreed to by both parties, and attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the provision of services called for in this Agreement without prior written consent of the Village. 15. PUBLIC RECORDS: In accordance with Section 119.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Scope of Services. Upon request from the Village's custodian of public records, the Contractor must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A Contractor who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Section 119.0701, Florida Statutes, and other penalties under Section 119.10, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in Scope of Services are not disclosed except as authorized by law for the duration of the Agreement teen, and following completion of the Agreement if the Contractor does not transfer the records to the Village. Finally, upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all public records in possession of the Contractor, or keep and maintain public records required by the Village. If the Contractor transfers all public records to the Village upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all Page 5 of 7 Page 224 of 475 Agenda Item #21. applicable requirements for retaining public records. Records that are stored electronically must be provided to the Village, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT lmewilliams(a,tequesta.or, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 16. HEADINGS: The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. 17. SEVERABILITY: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability or any other provision of this Agreement and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision is not contained herein. 18. WAIVER: No waiver by the Village of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the Contractor of the same, or any other provision or the enforcement hereof. The Village's consent to or approval of any act requiring the Village's consent or approval of any act by the Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent to or approval of any subsequent consent or approval of, whether or not similar to the act so consented or approved. 19. ENTIRE AGREEMENT: This seven (7) page Agreement, including any Exhibits, constitutes the entire agreement between the parties; no modification shall be made to this Agreement unless such modification is in writing, agreed to by both parties and attached hereto as an addendum to this Agreement. Page 6 of 7 Page 225 of 475 Agenda Item #21. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: ATTEST: Lori McWilliams, MMC Village Clerk FELIX ASSOCIATES OF FLORIDA, INC. By: Benjamin Miller, Vice President (Corporate Seal) VILLAGE OF TEQUESTA By: Frank D'Ambra III, Mayor (Seal) Page 7 of 7 Page 226 of 475 Agenda Item #21. ATTACHMENT A Page 227 of 475 Agenda Item #21. TOWN OF JUPITER UTILITIES EXECUTED CONTRACT FOR UNIT PRICE CONTRACT FOR UTILITY INFRASTRUCTURE REPAIRS & IMPROVEMENTS TODD R. WODRASKA RON DELANEY WAYNE POSNER ILAN KAUFER JIM KURETSKI MATT BENOIT DAVID L. BROWN W1831 May 2018 MAYOR VICE MAYJOR COUNCILOR COUNCILOR COUNCILOR TOWN MANAGER DIRECTOR OF UTILITIES ORIGINAL Page 228 of 475 Agenda Item #21. TOWN OF JUPITER UTILITIES UNIT PRICE CONTRACT IMPROVEMENTS (W1831) INDEX TITLE PAGE Index 2 Table of Contents — Specifications & Appendices 3 Advertisement for Bids 4-5 Instructions to Bidders 6-19 Proposal 20-26 Contractor Safety Qualification Form 27-29 Sworn Statement 30-32 Trench Safety 33 Bid Bond 34-35 Notice of Award 36 Agreement (Contract) 37-45 Performance Bond 46-47 Payment Bond 48-50 Opinion of Town Attorney 51 Notice to Proceed 52 General Conditions to EJCDC Standard General Conditions 0700-0 — 0700-41 (2002 Edition) Supplementary Conditions SC-1 — SC-15 Technical Specifications W1831 Page 2 of 53 Page 229 of 475 Agenda Item #21. UTILITIES UNIT PRICE CONTRACT FOR THE THE TOWN OF JUPITER W1831 TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS 01010 SUMMARY OF WORK 01025 MEASUREMENT AND PAYMENT 01030 HURRICANE PREPAREDNESS 01060 REGULATORY REQUIREMENTS AND NOTIFICATION 01090 REFERENCE STANDARDS 01200 PROJECT MEETINGS 01300 SUBMITTALS AND PROGRESS SCHEDULES 01410 TESTING LABORATORY SERVICES 01510 TEMPORARY UTILITIES 01560 TEMPORARY CONTROLS 01600 MATERIAL AND EQUIPMENT 01700 PROJECT CLOSE-OUT 01720 PROJECT RECORD DRAWINGS DIVISION 2 THROUGH 16 — NOT USED W1831 Page 3 of 53 Page 230 of 475 Agenda Item #21. ADDENDUM NO. 1 TO CONTRACT DOCUMENTS JUNE 1, 2018 PROJECT TITLE: TOWN OF JUPITER UNIT PRICE CONTRACT FOR UTILITY INFRASTRUCTURE REPAIRS & IMPROVEMENTS (W1831) TO: All Plan Holders of Record This addendum forms a part of the Contract Documents and modifies the original Project Documents as noted below. Acknowledge receipt of this Addendum in the space provided on the Bid Proposal form. IN THE FRONT ENDS GENERAL CONDITIONS ADD the Standard General Conditions of the Construction Contract included with this Addendum in their entirety. SUPPLEMENTARY CONDITIONS ADD the Supplementary Conditions of the contract included with this Addendum in their entirety. THIS SPACE WAS INTENTIONALLY LEFT BLANK PROCEED TO NEXT PAGE Addendum No. 1 W 1831 Page 1 of 1 Page 231 of 475 Agenda 'OWN OF JUPITER INVITATION TO BID Sealed bids will only be accepted at the Town Clerk's Department, 210 Military Trail, Jupiter, Florida 33458: UNIT PRICE CONTRACT FOR UTILITY INFRASTRUCTURE REPAIRS & IMPROVEMENTS W1831 Until 2:00 PM, Local Time, June 27, 2018 at which time and place all bids received will be publicly opened and read aloud in the Town Council Chambers. Sealed bids shall be submitted to the Town Clerk, on paper in accordance with the Instruction to Bidders. Bids received after the time and date specified will not be considered. The face of the envelope shall be addressed as follows: Town Clerk Town of Jupiter 210 Military Trail Jupiter, FL 33458 June 27, 2018, 2:00 PM Town of Jupiter Utilities Unit Price Contract (W1831) The nature and scope of this project is: Perform miscellaneous Utility infrastructure maintenance, repairs and/or improvements for the Town's Water and Stormwater systems under an hourly priced contract for the provisions of crews with equipment. Crews and equipment shall be available on as needed basis with no guarantee by the Town of the amount of usage. Work may include non -emergency and emergency work. The Town will direct purchase materials for non -emergency work with the Contractor providing the materials list. For emergency work, Contractor will purchase the materials after providing the Owner with an estimate of such. In both cases, the Contractor will be responsible for material delivery, schedule and coordination with the material vendor. This is a two year contract with the provision for contract extensions as described in the bid documents. Contractor shall agree to supply equipment and resources on Town location in advance preparation of a hurricane or natural disaster. Town shall be responsible for the cost incurred by the contractor. W1831 Page 4 of 53 Page 232 of 475 Agenda Item #21. Questions concerning the bid will be answered by addendum through Demandstar.com. All questions shall be directed to Brad Wagner in writing by fax (561) 746-2792 or email bradw(@JuPiter.fl.us (with Project Name in the subject of the email). Bid Security in the amount of five percent (5%) of the Bid must accompany each bid in accordance with the Instructions to Bidders. All Bidders must be a plan holder of record with Demandstar.com. Plans and specifications will be available on May 28, 2018 and may be examined and purchased at www.demandstar.com. Plans and specifications can be downloaded for $5.00 from Demandstar by calling 1-800-711-1712 and signing up for a free agency subscription for the Town of Jupiter. Hard copies of plans and specifications may also be purchased from Demandstar by calling 1-800-711-1712 or visiting www.demandstar.com. Payment for plans and specifications is non-refundable. The Town of Jupiter reserves the right to waive any irregularities and to reject any and all bids. The Town of Jupiter is an equal opportunity employer. PUBLISHED: Palm Beach Post Times DATES: May 27th, 2018 By Order of the Town Council, Town of Jupiter Sally Boylan, Town Clerk W1831 Page 5 of 53 Page 233 of 475 Agenda Item #21. INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract, EJCDC C-700 (2002 Edition) have the meanings assigned to them in the General Conditions. The term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the non-refundable sum, if any, may be obtained from www.demandstar.com as stated in the Advertisement or Invitation. 2.2 Complete sets of Bidding Documents shall be used in preparing Bids, neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner in preparing Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of Owner's request written evidence of the types set forth in the Supplementary Conditions, such as financial data, previous experience and evidence of authority to conduct business in the jurisdiction where the project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the project is located or convenient to obtain such qualification prior to award of the contract. 3.2 No Bid will be accepted from, nor will any contract be awarded to any person who is in arrears to the Owner, upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to Owner, or any other governmental agency or entity, or who is deemed irresponsible or unreliable by the Owner. 3.3 No Bid will be accepted from, nor will any contract be awarded to any individual, firm, partnership, corporation or association who is currently in litigation with the Owner, or who is providing testimony in current litigation against the Owner or who has a financial interest in any litigation against the Owner. W1831 Page 6 of 53 Page 234 of 475 Agenda Item #21. 3A All bidders must be a plan holder of record with Demandstar. 3.5 All bidders must be a licensed Underground Utility and Excavation Contractor in the State of Florida. 3.6 The Contractor of Award is required to hold a Town of Jupiter occupational license at the time work commences. 3.7 Bidders are required to complete the Qualification Requirements Form included in the Bid Proposal Section of the Front End Documents. Owner will evaluate experience and conduct reference checks as part of the bid evaluation process. A satisfactory reference check will require that all references provided are favorable. 3.8 Any Bidder who does not meet the qualification requirements of the Bid will not be considered for award. 3.9 Owner reserves the right to request additional experience and reference information of the Contractor and his/her major subcontractors as may be required to conduct a thorough review of qualifications. 3.10 Bidder shall perform 60% of the work with his own forces. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with, local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. 4.2 Site is accessible to the Bidder to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. 4.3 The lands upon which the Work is to be performed, rights -of -way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Supplementary Conditions, General Requirements or Drawings. 4.4 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this Article 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. W1831 Page 7 of 53 Page 235 of 475 Agenda Item #21. 5. DETERMINATION OF ESTIMATED QUANTITIES 5.1 Lump Sum Contracts: The Bidder is responsible for the determination of the quantities for those items constructed within the authorized plan limits or dimensions. The Owner does not assume any responsibility for any incidental information in Bid documents that may be construed as a quantity of work and/or materials. 5.2 Contracts other than Lump Sum: For those items constructed within authorized plan limits or dimensions, use the quantities shown in the plans and in the Bid Form as the basis of the Bid. The Owner will also use these quantities for payment as limited by the provisions for the field conditions, use and measurement. The quantities shown in the plans and on the proposal form are approximate and provide a basis for calculating the bid upon which the Owner will award the Contract. Where items are listed for payment as lump sum units, the Bidder is solely responsible for his own estimates of such quantities and of the work to be performed. Owner may request that lump sum items in the bid be broken down into parts for payment applications. 5.3 The Owner reserves the right to make, at any time prior to or during the progress of the work, such increases, decreases, or alterations to the estimated quantities of work to be done or materials to be furnished which materially increases or decreases the cost or time of performance. Such increases,! decreases, or alterations shall not constitute a breach of contract, shall not invalidate the contract, nor release the Surety from any liability arising out of this Contract or the Surety bond. The bidder agrees to perform the work, as altered, the same as if it had been a part of the original Contract. 6. INTERPRETATIONS All questions about the meaning or intent of the Contract Documents shall be submitted to The Town of Jupiter Utilities, Attn: Brad Wagner in writing at 210 Military Trail, Jupiter, FL 33458, Fax (561) 746-2792, or email bradw(cDjupiter.fl.us (with Project Name in the subject of the email). Replies will be issued by Addenda, delivered to all parties recorded by Demandstar as having received the Bidding Documents. Questions received less than three days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7. BID SECURITY 7.1 Bid Security shall be made payable to Owner, in an amount of five percent (5%) of $300,000 ($15,000) in the form of a certified or bank check or a Bid Bond issued by a Surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. W1831 Page 8 of 53 Page 236 of 475 Agenda Item #21. 7.2 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within 15 days of the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the "effective date of the Agreement" (which term is defined in the General Conditions) by Owner to Contractor and the required Contract Security is furnished or the ninety-first day after the Bid opening. Bid Security of other Bidders will be returned within seven days of the Bid opening. 8. CONTRACT TIME The number of days within which, or the date by which, the Work is to be completed (the Contract Time) is set forth in the Bid Form and will be included in the Agreement. 9. LIQUIDATED DAMAGES Provisions for liquidated damages, if any, are set forth in the Agreement. 10. SUBSTITUTE MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or -equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or -equal" item of material or equipment may be furnished or used by Contractor if acceptable to Owner, application for such acceptance will not be considered by Owner until after the "effective date of the Agreement". The procedure for submittal of any such application by Contractor and consideration by Owner is set forth in paragraph 6.05 of the General Conditions which may be supplemented in the General Requirements. 11. SUBCONTRACTORS, ETC. 11.1 If the Supplementary Conditions require the identity of certain Subcontractors and other persons and organizations to be submitted to Owner in advance of the Notice of Award, the apparent Successful Bidder, and any other Bidder so requested, will within seven days after the day of the Bid opening submit to Owner a list of all Subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the Work as to which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor, person and organization if requested by Owner. If Owner after due investigation has reasonable objection to any proposed Subcontractor, other person or W1831 Page 9 of 53 Page 237 of 475 Agenda Item #21. organization, either may before giving the Notice of Award request the apparent Successful Bidder to submit an acceptable substitute without an increase in the Bid price. If the apparent Successful Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. Any Subcontractor, other person or organization so listed and to whom Owner does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner. 11.2 In contracts where the Contract Price is on the basis of Cost -of -the -Work Plus a Fee, the apparent Successful Bidder, prior to the Notice of Award, shall identify in writing to Owner those portions of the Work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work with Owner's written consent. 11.3 No Contractor shall be required to employ any Subcontractor, other person or organization against whom he has reasonable objection. 11.4 Contractor must identify all major sub -contractors to be used for the work of this contract in the appropriate space provided on the Bid Form and also provide experience as required in the Qualification Requirements of the Bid Proposal Packet for each major subcontractor identified. 11.5 Qualifications of subcontractors may be considered in evaluation of bids. If Owner determines that a subcontractor(s) is not qualified based on work experience and reference checks evaluated by Owner. Owner may request that the subcontractor(s) be replaced with a subcontractor(s) who does meet the qualification requirements and has satisfactory reference checks. Replacement of subcontractor(s) before the Contract is awarded and will be at no additional cost to the Owner. A satisfactory reference check will require that references provided for subcontractor(s) are favorable. 11.6 Major subcontractors required to be identified on the Bid Form or approved replacement subcontractors, before Contract award, shall perform the Work. Substitute subcontractors shall not be considered after the Project is awarded except in dire circumstances and as agreed upon in writing by the Owner. 12. PRICES BID 12.1 Prices shall be shown in unit amounts, written numerical figures, and extensions whenever applicable. In the event of discrepancies existing between unit amounts and extension or totals, the written unit amounts shall govern. 12.2 Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. W 1831 Page 10 of 53 Page 238 of 475 Agenda Item #21. 12.3 All applicable discounts shall be included in the Bid price for materials and services and will be considered as determining factors in recommending an award in case of tie Bids. Discounts extended to Owner shall include but not be limited to those discounts normally extended to governmental agencies as well as the private sector. 12.4 Chain discounts are not acceptable and will not be considered in determining an award. Bidders may bid only one (1) discount for each item on the Bid Form. Firm discounts and prices are to be quoted for the term of the Contract. 12.5 Bidder warrants by virtue of bidding that prices, terms and conditions in the Bid will be firm for acceptance for a period of ninety (90) calendar days from the date of Bid opening unless otherwise stated by the Owner. 12.6 The Bid price shall include all permit fees, royalties, license fees and other costs arising from the use of such design, device or materials in any way involved in the work and all costs of packaging, transporting and delivery to the designed location within the Owner. 12.7 For the purpose of evaluation, the Bidder must indicate any variance or exceptions to the stated specification no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Bidder meets all the specifications in every respect. 13. BID FORM 13.1 The Bid Form is included herein (see Proposal). 13.2 Bid Forms must be completed in ink or by typewriter. The Bid price of each item on the form must be stated in numerals. Contractor must bid on all alternates in the bid form. All bid forms must be filled out in their entirety. Figures must be provided for all unit prices and values. Incomplete bid forms will be considered non -responsive. 13.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 13.5 All names must be typed or printed below the signature. W 1831 Page 11 of 53 Page 239 of 475 Agenda Item #21. 13.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form). 13.7 The address to which communications regarding the Bid are to be directed must be shown. 13.8 If the Bid form contains alternate(s), Bidder must bid on alternate(s). 14. SUBMISSION OF BIDS Three copies of the Bid (a signed original and two copies) shall be submitted at the time and place indicated in the Advertisement for Bids or Invitation to Bid and shall be included in an opaque sealed envelope, marked with the Project title and name and address of the Bidder and accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof, with the Project name on the front. 16. MODIFICATION AND WITHDRAWAL OF BIDS 15.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time priorto the opening of Bids. 15.2 If, within twenty-four hours after Bids are opened, any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of his Bid, which Bidder may withdraw his Bid and the Bid Security will be returned. Thereafter, that Bidder may be disqualified from further bidding on the Work. If a notice is filed with Owner after 24 hours then the Contractor will sacrifice his Bid Bond. 16. OPENING OF BIDS 16.1 Bids will be opened publicly. 16.2 When Bids are opened publicly they will be read aloud, and an abstract of the amounts of the base Bids and major alternates (if any) will be posted on Demandstar.com and made available after the opening of Bids. 17. BIDS TO REMAIN OPEN 17.1 All Bids shall remain open for ninety days after the day of the Bid opening, but Owner may, in his sole discretion, release any Bid and return the Bid Security prior to that date. W1831 Page 12 of 53 Page 240 of 475 Agenda Item #21. 18. AWARD OF CONTRACT 18.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non -responsive or conditional Bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between the indicated value and the correct value as calculated by the product of the unit price and the estimated quantity will be resolved by using the stated unit price. 18.2 In evaluating Bids, the Owner shall consider the qualifications of the Bidders whether or not the Bids comply with the prescribed requirements, alternates, and unit process, if requested in bid form. 18.3 Owner may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as provided in the Supplementary Conditions. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by Owner. 18.4 Owner may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 18.5 Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction. 18.6 If the contract is to be awarded, it will be awarded to the lowest responsible, responsive Bidder, based on the lowest Total Bid Price of the Bid Proposals received and opened publicly as evaluated by the Owner to be in the best interest of the Owner. 18.7 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within ninety (90) days after the day of the Bid opening. 18.8 More than one Bid received for the same work from an individual, firm, partnership, corporation or association under the same or different names will not be considered. If, in the determination of the Owner, there are reasonable grounds for believing that any Bidder is interested in more than one Bid for the same work, or that any collusion exists among the Bidders, W1831 Page 13 of 53 Page 241 of 475 Agenda Item #21. this will result in the rejection of the Bids of those Bidders who participated in those Bids. In either case the Owner may deem those Bidders to be a non - responsible or non -qualified Bidder. 19. PERFORMANCE AND OTHER BONDS Article 5.0 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by the required Contract Security. 20. SIGNING OF AGREEMENT When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by at least two unsigned counterparts of the Agreement and all other Contract Documents. Within fifteen days thereafter Contractor shall sign and deliver at least two counter -parts of the Agreement to Owner with all other Contract Documents attached. Within thirty days thereafter, Owner will deliver all fully signed counterparts to Contractor. 21. PERMITS Some of the work associated with this contract will be maintenance work or emergency repair work and will not require permits. The Contractor is required to perform all work in accordance with federal, state, county, and local codes, rules, regulations, and safety standards including but not limited to OSHA Trench Safety, FDEP watermain construction standards, NPDES, SFWMD dewatering, maintenance of traffic, and other requirements as may be applicable. In the event the work does require a permit from FDEP, PBCHD, Town of Jupiter Building Department/Engineering, Palm Beach County, FDOT, or other regulatory agency the Owner will assist the Contractor with preparing the permit applications and obtaining the permits, including paying the permit application fees. The Contractor will be required to pay for and obtain on his own any required dewatering permits, NPDES NOI permits and maintenance of traffic approvals. 22. TAXES The successful Bidder shall pay all applicable sales, consumer use and other similar taxes required by law. 23. CONTRACT DOCUMENTS 23.1 It is the intent of the Contract Documents to describe a functionally complete project (or portion thereof) 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 W 1831 Page 14 of 53 Page 242 of 475 Agenda Item #21. 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 having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 23.2 The apparent silence of the specifications as to any detail, or the apparent omission from the Specifications of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the specifications shall be made on the basis of this statement. 23.3 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 23.4 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installations shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 24. EQUAL OPPORTUNITY The Town of Jupiter recognizes fair and open competition as a basic tenet of public procurement. Contractors doing business with the Owner are prohibited from discriminating on the basis of race, color, creed, national origin, handicap, age or sex. W1831 Page 15 of 53 Page 243 of 475 Agenda Item #21. 25. OCCUPATIONAL HEALTH & SAFETY 25.1 In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this Bid must be accompanied by a Material Safety Data Sheet ("MSDS") which may be obtained from the manufacturer. The MSDS must include the following information: 25.1.1 The chemical name and the common name of the toxic substance. 25.1.2 The hazards or other risks in the use of the toxic substance including: a) The potential for fire, explosion, corrosively and reactivity; b) The known acute and chronic health effects of risk from exposure including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and c) The primary routes of entry and symptoms of over exposure. 25.1.3 The proper precautions, handling practices, necessary personal protection equipment and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of exposure. 25.1.4 The emergency procedure for spills, fire, disposal and first aid. 25.1.5 A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 25.1.6 The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 25.2 Bidders are required to complete and submit with their bid the Contractor Safety Qualifications Form included in the Front End Documents. 25.3 The Contractor will be responsible to complete and submit with his bid the Trench Safety form included in the Front End Documents. The Contractor will be required to perform work under this contract in conformance with the OSHA Trench Safety Act. 26. AUDIT RIGHTS 26.1 The Owner reserves the right to audit the records of the successful Bidder for the commodities and/or services provided under the Contract at any time during the performance and term of the Contract and for a period of five (5) years after completion and acceptance by the Owner. If required by the W1831 Page 16 of 53 Page 244 of 475 Agenda Item #21. Owner, the successful Bidder agrees to submit to an audit by an independent certified public accountant selected by the Owner. The successful Bidder shall allow the Owner to inspect, examine and review the records of the successful Bidder in relation to this Contract at any and all times during normal business hours during the term of the Contract. 26.2 The Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The Contractor understands and agrees that in addition to other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Office of Inspector General of Palm Beach County when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. The Office of Inspector General in Palm Beach County is established by Palm Beach County Code, Section 2-421 - 2-440. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421 — 2-440, and be punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 27. CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. Bidders must disclose with their Bid the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the Owner or any of its agencies. Further, all Bidders must disclose the name of any public officer or employee of the Owner who owns, directly or indirectly, an interest of five percent (5%) or more in the Bidder's firm or any of its branches or affiliate companies. 28. OPEN END CONTRACT 28.1 No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open end Contract. Estimated quantities will be used for Bid comparison purposes only. The Owner reserves the right to issue Work Orders as and when required for proposed work for any or all bid items or any combination thereof. Work under this Contract is subject to fiscal appropriation by the Jupiter Town Council in either or both the Town's Community Investment Program (CIP) and fiscal year operating budgets. Estimated funding budgets anticipated to be available for the original two year contract term and subsequent two year and one year renewal terms are provided in the table below. W1831 Page 17 of 53 Page 245 of 475 Agenda Item #21. Estimated Annual Funding Budgets Anticipated for Town of Jupiter Utilities Unit Price Contract for Utility Infrastructure Repairs & Improvements (W1831) Year Project Location Project Description Estimated Annual Value Funding Source 2019 Center Street Replace Valves and Hydrants $50,000 Water Asset Maint. CIP 2019 Indian Creek (Wingfoot) Replace Valves and Hydrants $50,000 Water Asset Maint. CIP 2019 Indiantown Rd/S Pennock Replace Valves $50,000 Water Asset Maint. CIP 2019 Perigon Way Dist Improve Replace services, valves, hydrants $100,000 FY19 CIP Perigon 2019 Various Locations Large Meter Replacements $40,000 Large Meter CIP 2019 Various Locations Emergency and Unexpected Repairs $150,000 Operating R&M 2019 Total $440,000 2020 Center Street Replace Valves and Hydrants $50,000 Water Asset Maint. CIP 2020 Indian Creek (Pinecrest) Replace Valves and Hydrants $50,000 Water Asset Maint. CIP 2020 W Indiantown Rd Replace Valves $50,000 Water Asset Maint. CIP 2020 Mallards Cove/Jupiter Gardens Replace Valves and Hydrants $50,000 Water Asset Maint. CIP 2020 Chasewood North Replace Valves and Hydrants $50,000 Water Asset Maint. CIP 2020 Various Locations Large Meter Replacements $40,000 Large Meter CIP 2020 Various Locations Emergency and Unexpected Repairs $150,000 Operating R&M 2020 Total $440,000 2021 Jupiter Dunes/400 Al Replace Valves $50,000 Water Asset Maint. CIP 2021 Military TO / Wood Duck Replace Valves $30,000 Water Asset Maint. CIP 2021 Military Tri / High School Replace Valves $50,000 Water Asset Maint, CIP 2021 Brentwood North Replace valves, hydrants, relocate services $60,600 FY21 CIP Brentwood 2021 Various Locations Large Meter Replacements $40,000 Large Meter CIP 2021 Various Locations Emergency and Unexpected Repairs $150,000 Operating R&M 2021 Total $380,600 2022 Shores Replace Valves $50,000 Water Asset Maint. CIP 2022 PBCE Replace Valves $30,000 Water Asset Maint. CIP 2022 Jupiter Heights Replace Valves $50,000 Water Asset Maint. CIP 2022 Various Locations Large Meter Replacements $40,000 Large Meter CIP 2022 Various Locations Emergency and Unexpected Repairs $150,000 Operating R&M 2022 Total $320,000 2023 Admirals Cove Replace Valves $50,000 Water Asset Maint. CIP 2023 Jonathan's Landing Replace Valves $50,000 Water Asset Maint. CIP 2023 Various Locations (TBD) Replace Valves and Hydrants $50,000 Water Asset Maint. CIP 2023 Various Locations Large Meter Replacements $40,000 Large Meter CIP 2023 Various Locations Emergency and Unexpected Repairs $150,000 Operating R&M 2023 Total $340,000 5 Year Grand Total $1,920,600 W1831 Page 18 of 53 Page 246 of 475 Agenda Item #21. The Town's fiscal calendar runs from October 1st through September 30tn 28.2 The Owner reserves the right to purchase commodities/services specified herein through contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required within a short period than the delivery time specified in the Contract, and if the seller is unable to comply therewith, the Owner reserves the right to obtain such delivery from others without penalty or prejudice to the Owner or to the Bidder. 28.3 The initial term of the Contract will be two years (730 calendar days) from the date of Notice to Proceed. Owner may at Owner's sole discretion renew its Contract for one (1) additional two (2) year term and one (1) additional (1) year term for a total Contract period of five (5) years. It is solely the responsibility of the Contractor to initiate any renegotiation of the Unit Prices of the Contract sixty (60) days prior to the expiration date of the Contract. Failure to initiate renegotiation of rates sixty (60) days prior to the expiration date will result in the continuation of the Unit Prices in the Contract until the next expiration date. Owner reserves the right to terminate negotiations and continue work under existing rates or terminate the Contract. Regardless of anything to the contrary, this Contract may be terminated by the Owner at anytime and for any reason. Further, the Contractor agrees that it will not be entitled to any claims and/or damages resulting from such termination, including, but not limited to, lost profits, direct or indirect damages, and consequential special or punitive damages. 29... SPECIAL LEGAL REQUIREMENTS None. W1831 Page 19 of 53 Page 247 of 475 Agenda Item #21. Bidding Company Name: Town of Jupiter 210 Military Trail Jupiter, Florida 33458 Gentlemen: Felix Associates of Florida, Inc. PROPOSAL OORIGINAL TOWN OF JUPITER UTILITIES The undersigned, as Bidder, hereby declares that the only Persons, company, or parties interested in the Proposal or the Contract to be entered into, as principals, are narned herein; and that this Proposal is made without connection with any other person, company, or parties making a Bid or Proposal; and that it is in all respects fair and in good faith without collusion or fraud. That the Bidder has carefully and to his full satisfaction examined the attached Instructions to Bidders, General Conditions, Supplementary Conditions, detailed Specifications, and Form of Contract and Bond, together with the accompanying plans, and that he has read all addenda issued prior to the opening of Bids; and that he has fully examined the site and the project documents and hereby agrees to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor and other things necessary to the prosecution and completion of the work, to wit: Perform miscellaneous Utility infrastructure maintenance, repairs and/or improvements for the Town's Water and Stormwater systems under an hourly priced contract for the provisions of crews with equipment. Crews and equipment shall be available on as needed basis with no guarantee by the Town of the amount of usage. Work may include non -emergency and emergency work. The Town will direct purchase materials for non -emergency work with the Contractor providing the materials list. For emergency work, Contractor will purchase the materials after providing the Owner with an estimate of such. In both cases, the Contractor will be responsible for material delivery, schedule and coordination with the material vendor. This is a two year contract with the provision for contract extensions as described in the bid documents. Contractor shall agree to supply equipment and resources on Town location in advance preparation of a hurricane or natural disaster. Town shall be responsible for the cost incurred by the contractor. It is proposed that the project herein described shall be constructed for the Unit Prices as follows, all in accordance with the requirements and provisions of the Contract Documents. W1831 Page 20 of 52 Page 248 of 475 Agenda Item #21. Unit Price Contract For Utility Infrastructure Repairs & Improvements (W1831) Bid Schedule of Values Item Estimated No. Item Description Quantity Unit Unit Price Total Amount Bid Items: 1 Indemnification 1 LS $ 100.00 $ 100.00 2 Bonds and Insurance 1 LS $ 5.ac) $ 5.00 3 4 Man Underground Construction Crew 1 HR $ ' 115•00 $ 2I5.do 4 Overtime Multiplier for 4 Man o MULT. /o $ 45.00 $ 4-5.00 Underground Crew 5 Combination Backhoe Loader 1 HR $ 4d- oo $ 40 . oo 6 Hydraulic Excavator with Operator 1 HR $ 70.00 $ 70. oo 7 Dewatering with 4" Hydraulic Pump 1 HR $ I0.00 $ 10. oo 8 Dewatering with Well Points 1 DAY $ 540.00 $ 54b.06 Total Bid Price: (Item Nos. 1-8)= $ 1 O 25 .06 Total Bid Price (in numbers): $ 1 , (?, 5 , d0 Total Bid Price (in words): ONE T1idktSRN� -rWEAJ'7y- FI06 VoLLARS W 1831 Page 21 of 62 Page 249 of 475 Agenda Item #21. Haley Robertson From: Ben Miller <bmillei-@felixassociates.net> Sent: Wednesday, June 27, 2018 4:21 PM To: Haley Robertson Cc: Amanda Barnes Subject: RE: Review of Felix Associates' Bid Submission for Town of Jupiter Utilities Unit Price Contract (W1831) Attachments: RE: Unit Price Contract For Utility Infrastructure Repairs & Improvements (W1831) Haley, $260/HR. This was based on the correspondence received from Brad in the attached email. We asked for clarification on this. Thanks, Ben From. Haley Robertson [malito:HaleyR iupiter.fl.us] Sent: Wednesday, June 27, 2018 3:51 PM To: Ben Miller Cc: Amanda Barnes Subject: Review of Felix Associates' Bid Submission for Town of Jupiter Utilities Unit Price Contract (W1831) Good Afternoon, Thank you for your bid submitted to the Town of Jupiter Utilities for the Unit Price Contract for Utility Infrastructure Repairs & Improvements (W1831) on Wednesday, June 27, 2018. In order for us to properly review your bid, please confirm your Hourly Rate for Overtime 4 Man Underground Crew. Please respond with confirmation of the item above by 8:30am, June 281h in order for us to proceed with our review. Should you have any questions, please let me know. Thank you, Haley Robertson Administrative Specialist I Utilities Phone (561) 748-2706 _ Fax (561) 746-2792 HaleyR(D_ iupiter.fl us PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the Town of Jupiter officials and employees regarding public business are public records available to the public and media upon request. Your e-mail communications may be subject to public disclosure. Under Florida law, e- mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing Page 250 of 475 Agenda Item #21. Haley Robertson From: Brad Wagner Sent: Monday, June 25, 2018 8:20 AM To: Ben Miller Cc: Brad Wagner Subject: RE: Unit Price Contract For Utility Infrastructure Repairs & Improvements (W1831) Ben —The multiplier does not need a quantity, it is simply the percentage charged on the crew cost per hour for overtime. Second question answer is $50.00. The operator- is covered under operator/foreman in the 4-man crew, the excavator would not know it's on overtime..... From: Ben Miller [mailto, miller(o)felixassociates.net] Sent: Saturday, June 23, 2018 8:41 AM To: Brad Wagner Subject: Unit Price Contract For Utility Infrastructure Repairs & Improvements (W1831) Importance: High Brad, Hope all is well. I am working on the above referenced bid and I am confused on how to enter the overtime multiplier for Bid Item 4. There is no quantity and the unit of measure is %, however it appears you want a dollar value and the measurement and payment section states that this bid item is to be paid "hourly". Hypothetically speaking, if we had a crew rate of $100/hr and wanted to propose a 1.5 times multiplier, would we enter $150 in the bid schedule of values or just the increase of $50? Or do we write in 150% and not have it add to the bid total? Additionally, how is overtime for the Hydraulic Excavator with Operator handled? Thanks, Ben Benjamin Miller Vice President /General Manager Felix Associates of Florida, Inc. 18526 SW Kansas Avenue I Stuart, Florida 34997 (772) 285-1846 - c / (772) 220-2722 - o / (772) 220-2728 - f / bmiflet-(@felixassociates.net www.felixossociates.net FAF89 EA OF FIA)RIDA. INC, PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the Town of Jupiter officials and employees regarding public business are public records available to the public and media upon request. Your e-mail communications inay be subject to public disclosure. Under Florida law, e- mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic trail to this entity. Instead, contact this office by phone or in writing Page 251 of 475 Agenda Item #21. QUALIFICATION REQUIREMENTS Only Bidders and Subcontractor(s) who are qualified as outlined below will be considered for contract award. Qualified bidders shall have completed at least four (4) similar projects over the last five (5) years, all of which should be of similar scope and magnitude to this project. NOTE: In order to be deemed acceptable for the purpose of determining Bidder Qualification, similar projects shall be listed below and have all information completed (blanks correctly filled in) including contact names and telephone numbers of both the Owner and Engineer. As Bidder, we certify the following: (1) NAME & LOCATION OF PROJECT General Maintenance/Repair Services for Wastewater and Reclaimed Water BIDDER WAS [x] PRIME CONTRACTOR [ ] SUBCONTRACTOR (CHECK ONE) YEAR OF PROJECT 2015 Two-year maintenance contract For sewer and reclaimed water including lift station SCOPE OF WORK repairs, manhole repairs, gravity sewer repairs and associated roadway repairs. APPROXIMATE VALUE $311, 497.30 OWNER OF PROJECT Loxahatchee River Environmental Control District OWNER CONTACT NAME AND PHONE NUMBER Kris Dean, 561-747-5709 ENGINEERING FIRM LRD Engineering Department ENGINEER CONTACT NAME AND PHONE NUMBER Same as above. ENGINEER ADDRESS 2500 Jupiter Park Drive, Jupiter, FL 33458 W 1831 Page 22 of 52 Page 252 of 475 Agenda Item #21. (2) NAME & LOCATION OF PROJECT hood Road Floridan Raw Water Main Installation BIDDER WAS [X] PRIME CONTRACTOR [ ] SUBCONTRACTOR (CHECK ONE) YEAR OF PROJECT 2017 Construction and testing of a 36-inch raw water main and a 2-inch SCOPE OF WORK fiber-optic Conduit to be installed via open -cut and horizontally directional drilling methods. APPROXIMATE VALUE $1, 777, 777.00 OWNER OF PROJECT Seacoast Utility Authority OWNER CONTACT NAME AND PHONE NUMBER Brandon Selle, 561-627-2900 ENGINEERING FIRM HOltz Consulting .Engineer, Inc. ENGINEER CONTACT NAME AND PHONE NUMBER Christine Miranda, 561-575-2005 ENGINEER ADDRESS 270 South Central Boulevard, Suite 207 Jupiter, YL 33458 --------------------------------------- --.................... -........................................................ (3) NAME & LOCATION OF PROJECT Emergency Water & Wastewater Repair Services BIDDER WAS [XI PRIME CONTRACTOR [ ] SUBCONTRACTOR (CHECK ONE) YEAR OF PROJECT 2018 Annual Underground Utility Construction Services contract for SCOPE OF WORK maintenance and repair. APPROXIMATE VALUE $300, 000.00 OWNER OF PROJECT City of Stuart OWNER CONTACT NAME AND PHONE NUMBER pave Peters, 772-288-1292 ENGINEERING FIRM N/A W1831 Page 23 of 62 II i 'j Page 253 of 475 Agenda Item #21. ENGINEER CONTACT NAME AND PHONE NUMBER ENGINEER ADDRESS (4) NAME & LOCATION OF PROJECT south Transmission Main Crossing of 1-95 and the Turnpike at Donald Ross Road BIDDER WAS [XI PRIME CONTRACTOR [ ] SUBCONTRACTOR (CHECK ONE) YEAR OF PROJECT 2017 The construction of. approximately 1,266 linear feet of 8-inch and 10-inch water SCOPE OF WORK main piping from Marrian Avenue in the Heights extending westward, crossing below I-95 and the Turnpike to 64th Way North in Palm Beach Country Estates. APPROXIMATE VALUE $482, 626. 00 OWNER OF PROJECT Town of Jupiter OWNER CONTACT NAME AND PHONE NUMBER Amanda Barnes, 561-741-2537 ENGINEERING FIRM Hazen & sawyer ENGINEER CONTACT NAME AND PHONE NUMBER Taylor Bomatiro, 954-599-1898 ENGINEER ADDRESS 21.01. NW Corporate Blvd, ##301, Boca Raton, FL 33431 NOTE Bidder: Major Subcontractors Additional projects to assist Owner in determining qualifications are welcome. Copy this form and attach additional pages as needed. Provide four (4) similar projects, copy this form and have all information completed (blanks correctly filled in) and attach to proposal. W1831 Page 24 of 52 Page 254 of 475 Agenda Item #21. If awarded the contract, the undersigned agrees to execute the attached contract within fifteen (15) calendar days from the date set forth in the Notice of Award and to fully complete all necessary work within the time limits specified below after date of written Notice to Proceed, with such extensions of time as are provided for in the Agreement and General Conditions. Substantial Completion: 730 calendar days from Notice to Proceed Final Completion: 730 calendar days from Notice to Proceed The undersigned understands the Contract time starts on date in Notice to Proceed. There is enclosed a bid guarantee consisting of five percent (5%) of $300,000. The undersigned agrees that all bid documents issued for this project, including addenda, have been reviewed and site visits performed, as necessary to provide a comprehensive bid. The undersigned acknowledges receipt of 1 (insert number) Addenda for this project. The undersigned furthermore agrees that, in case of failure on his part to execute said contract and bonds within (15) days after being awarded the contract, the check, bond, or other security accompanying his bid and the money payable thereon, shall become the property of the Town, by forfeit as agreed and liquidated damages; otherwise the check or bond accompanying his proposal shall be returned to the undersigned. The undersigned acknowledges that payments made by the Town of Jupiter will be made via electronic funds transfers (EFT) and vendor will provide the Town of Jupiter with the information required to make EFT payments. The undersigned, if awarded the contract, agrees to furnish at time of signing the contract, a payment bond and a performance bond, each in the amount of 100% of the contract as set forth in "Instructions to Bidders". The Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The Contractor understands and agrees that in addition to other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Office of Inspector General of Palm Beach County when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. The Office of Inspector General in Palm Beach County is established by Palm Beach County Code, Section 2-421 - 2-440. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2- 421 — 2-440, and be punished pursuant to Section 125,69, Florida Statutes, in the same manner as a second degree misdemeanor. W 1831 Page 25 of 52 Page 255 of 475 Agenda Item #21. The undersigned states that this proposal is the only proposal for this project in which he is interested. DATE OF BID SUBMISSION June 27, 2018 FIRM NAME Felix Associates of Florida, Inc. BUSINESS ADDRESS 8526 SW Kansas Avenue, Stuart, FL 34997 BUSINESS TELEPHONE 772-220-2722 SIGNATURE OF RESPONSIBLE OFFICIAL PRINT NAME & TITLE Benjamin Miller, Vice resident EMAIL OF RESPONSIBLE OFFICIAL bmiller@felixassociates.net STATE OF INCORPORATION Florida FULL NAMES & ADDRESSES OF PERSONS OR PARTIES INTERESTED IN THE FOREGOING BID, AS PRINCIPALS: Vincent Amato, President, 8526 SW Kansas Avenue, Stuart, FL 34997 John Breslin, 4320 Windsor Centre Trail, Suite 500, Flowermound, TX 75028 11�- tl'- S vv�v` Cs — W 1831 Page 26 of 62 Page 256 of 475 Agenda Item #21. CONTRACTOR SAFETY QUALIFICATION FORM SECTION 1: COMPANY INFORMATION Company Name: Felix Associates of Florida, Inc. Address 1: 8526 SW Icansas Avenue Address 2: City, State, Zip: Stuart, FL 34997 Telephone No.: 772-220-2-122 Fax No.: 772--220-2728 SECTION 2: NAME(S) AND RELATIONSHIPS OF PARENT COMPANY, AFFILIATES, SUBSIDIARIES, PARTNERS Company Name: Address: City, State, Zip: Relationship: Company Name: Address: City, State, Zip: Relationship: SECTION 3: INSURANCE COVERAGE 3.1 Please attach certificates showing the extent of coverage, exclusions and deductibles for the following: - General Business Liability Insurance - Professional Liability Insurance - Contractors Pollution Liability Insurance - Workman's Compensation Insurance 3.2 How long have you been covered by your current provider of Workman's Compensation Insurance? 7 years 3.3 List the Experience Modification Ratio (EMR) that has been applied to your company's workman's compensation insurance policy for the past five years: Year Intrastate EMR Interstate EMR Comments 2017 .71 2016 1.10 2015 1.08 2014 .95 2013 .79 W 1831 Page 27 of 52 i i i Page 257 of 475 Agenda Item #21. CONTRACTOR SAFETY QUALIFICATION FORM 3.4 List the contact information for an insurance broker who can verify your EMR's: Name: Brown & Brown of New York, Inc. Attn: Eileen Maloney Address 1: 800 Westchester Ave., Suite N-311 Address 2: City, State, Zip: Rye Brook, NY 10573 Telephone No.: 914-607-4560 If you do not have an EMR, please explain: SECTION 4: INJURY AND FATALITY INFORMATION 4.1 Please transfer the numbers and rates of injuries and illnesses from your firm's OSHA No. 200 Logs to the table below: Statistic Year: 2017 Year: 2 016 Year: 2015 No, Rate No. Rate No. Rate Lost Workday Cases 0 0 0 0 1, 1.617 Restricted Workday Cases 0 0 0 0 0 0 Medical Treatment (not First Aid Cases 0 0 0 0 0 0 Total Illness Cases 0 0 0 0 0 0 Total Recordable Cases 0 0 0 0 1 1.617 Fatalities 0 0 0 0 0 0 4.2 If your company has had fatalities in the past three years include location, cause and corrective actions in the space below: N/A W 1831 Page 28 of 52 Page 258 of 475 Agenda Item #21. CONTRACTOR SAFETY QUALIFICATION FORM SECTION 5: SAFETY MEETINGS 5A Do you require that documented safety meetings be held for: - Field Supervisors? X Yes _ No Frequency: Weekly - Employees? X Yes _ No Frequency: Weekly - New Hires? X Yes _ No Frequency: As needed - Subcontractors? X Yes _ No Frequency: Per Project SECTION 6: SAFETY AUDITS 6.1 Will a representative of your company audit safety practices on this job? X Yes _ No Name: John McCarthy Title: Safety Consultant How frequently will the representative visit the project site? Weekly SECTION 7: HEALTH AND SAFETY PROGRAM 7.1 Does the company have a health and safety program? If yes, please give details below. (The contractor is encouraged to attach a copy of the program to satisfy this requirement). Yes, available if low bid. 7.2 Please give the name and telephone number of your company's health and safety officer, if any: Name: John McCarthy Title: Safety Consultant Telephone No.: 914-654-4870 SECTION 8: HEALTH AND SAFETY CITATIONS 8.1 Attach a list of any State or Federal Health and Safety citations received during the past three years. SECTION 9: SIGNATURE OF COMPANY OFFICER I certify that to the best of my knowledge, information, and belief formed after reasonable inquiry, the Information submitted is true, accurate, and complete. Name (print): Benjamin Miller Title: Vice President Signature: � Date: June 27, 2018 W 1831 Page 29 of 52 Page 259 of 475 Agenda Item #21. SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),FLORIDA STATUES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to Town of Jupiter utilities [print name of the public entity] by Benjamin Miller, Vice President [print individual's name and title] for Felix Associates of Florida, Inc. [print name of entity submitting sworn statement] whose business address is 8526 SW Kansas Avenue Stuart, FL 34997 and (if applicable) its Federal Employer Identification Number (FEIN) is: 26-4299335 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn Statement: 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding or guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contenders. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or 2. An entity under the control of any natural person who is active in the W1831 Page 30 of 52 Page 260 of 475 Agenda Item #21. management of the entity and who has been convicted of a public entity crime. The term affiliate includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.] x Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] W1831 Page 31 of 52 Page 261 of 475 Agenda Item #21. UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED, I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [signature] Sworn to and subscribed before me this 27 day of June , 2018 . Personally known Benjamin Miller OR Produced identification Notary Public - State of Florida (Type of identification) My commission expires (Printed typed or stamped commissioned name notary public) F-:8, tixn vrGn - MY COMMISSION Y FF W2121 EXPIRES; July 22,2019 onded Thru Notary Public Undemrilers ,+,.t.. W1831 Page 32 of 52 Page 262 of 475 Agenda Item #21. TRENCH SAFETY The Bidder, by virtue of signing the Bid Form, affirms that the Bidder Is aware of the Trench Safety Act (Chapter 90-96 of the Laws of Florida) effective Oct. 1, 1990, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. Bidder acknowledges that included in the various items of the proposal and in the total bid price are costs for complying with the Florida Trench Safety Act. These items are a breakout of the respective items involving trenching and will not be paid separately. They are not to be confused with bid items in the schedule of prices, nor be considered additional work. The Bidder further identifies the costs and methods summarized below: Description Unit Quantity Unit Price Extended Price Trench Excavation LF k/A Shoring SF N Trench Box Other: Total $ Failure to complete this certification and include with the Bid may result in the Bid being declared non -responsive. W1831 Page 33 of 52 Page 263 of 475 Agenda Item #21. BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, Felix Associates of Florida, Inc. (hereinafter called the Principal), and Philadelphia Indemnity Insurance Company (hereinafter called the Surety), a Corporation chartered and existing under the laws of the State of PA with its principal offices in the City of Bala Cynwyd, PA and authorized to do business in the State of Florida, and the Town of Jupiter, and having an Agent resident therein, such Agent and Company acceptable to the Town of Jupiter, are held and firmly bound unto the Town of Jupiter (hereinafter called Owner), in the sum of Five Percent of Bid Amount Dollars ($ good and lawful money of the United States of America, to be paid upon demand of the said Owner, to which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally and firmly by these presents. WHEREAS; the above bounded Principal contemplates submitting or has submitted a proposal to the said Owner for furnishing all necessary labor, materials, equipment, machinery, tools, apparatus, services, all State Workmen's Compensation, and Unemployment Compensation Taxes incurred in the performance of the contract, and means of transportation for: UNIT PRICE CONTRACT FOR UTILITY INFRASTRUCTURE REPAIRS & IMPROVEMENTS (W1831) FOR TOWN OF JUPITER UTILITIES JUPITER, FLORIDA for said Owner, and; WHEREAS; the Principal desires to file this Bond in accordance with law, in lieu of a certified Bidder's check otherwise required to accompany this Proposal in the amount of five percent (5%) of $300,000. NOW THEREFORE, the conditions of this obligation are such that if the Proposal be accepted the Principal shall within fifteen (15) days after receipt of notification of the acceptance thereof, execute a contract in accordance with the Proposal and upon the terms, conditions and price set forth therein, in the form and manner W1831 Page 34 of 52 Page 264 of 475 Agenda Item #21. required by the Owner and execute sufficient and satisfactory Performance Bond payable to the Town of Jupiter, Florida each in an amount of one hundred percent (100%) of the total contract price, as indicated in the Proposal, in form and with security satisfactory to the said Owner, then this obligation to be void, otherwise to be and remain in full force and virtue in law; and the Surety shall upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above immediately pay to the aforesaid Owner upon demand the amount hereof in good and lawful money of the United States of America, not as a penalty but as liquidated damages. IN WITNESS WHEREOF, THE said, Felix Associates of Florida, Inc. as "Principal" herein has caused these presents to be signed in its name, by its Vice President under its corporation seal, and the said Philadelphia Indemnity Insurance Companyas "Surety" herein, has caused these presents to be signed in its name by its, and attested by its", under its corporate seal, this 27th day of June A. p, 2018 Ally-ln-fact "sevelary ATTEST: (Principal)v'kcc ?res%e-A- ATTEST: Stephanie F. Foy, Secretary Lisa Nosal (Surety) Attorney -in -Fact Felix Associates of Florida, Inc. Philadelphia Indemnity Insurance Company !� BY: (Attorneys -in -Fact who sign this bond must file with it a certified copy of their power -of -attorney to sign said Bond), W 1831 Page 35 of 52 Page 265 of 475 Agenda Item #21. State of New Jersey ] -ss County of Passaic ] ACKNOWLEDGEMENT OF SURETY On 06/27/2018, before me personally came Lisa Nosal to me known, who, being by me duly sworn, did depose and say that she is an attorney -in -fact of Philadelphia Indemnity Insurance Company the corporation described in and which executed the within instrument; that she knows the corporate seat of said corporation, and that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof, My Commission expires: Notary Public STEPHANIE F. Foy NOTARY PUBi IC STATE OF NEW JERSEY uYilDOW arTQ6 127,_201© Page 266 of 475 Agenda Item #21. PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Allorney 1392 KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY ((he Company), a corporation organized and existing under the laves of the Commonwealth of Pennsylvania, does hereby constitute and appoint Louis A. Vlahalras, Robert Culnen, Joseph NV. Mallorti•, Lisa Nosal, and Stephanie Foy of C&H Agency, Inc„ its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of iudeumity and writings obligatory in lire nature thereof, issued in (he course of its business and to bind the Company thereby, in an amount not to exceed $2.5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY JNSURANCE COMPANY on the 14'n' ofNovember, 2016. RESOLVED: That pie Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) it) Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seat of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it VURTIIER RESOLVED: Thal the signatures of such officers and the seal of the Company may he affixed to any such Power of Attomey or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PIIILADELPIIIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE'rulS 27T7' DAY OF OCTOBER, 2017. ;•' -.�': :j; - if ��t�"Cr.--..1�-�-� �..,J (Seal) Robert D_ O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27 h day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, aid being by me duly sworn said that Ire is One therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal ofsaid Company; that the said Corporate Seal and his signature were duly affixed. COUIAOMYrALT11 OF MINSMADIA HOTMNISEnI esoraeela+w.lfd,awerw Notary Public: rain-Asilne PSIS IPLK ey FIICamtifrnnE,pnt Srpl r6.3i21 M Ftivsnr p i residing at: (Notary Seal) My commission expires: Bala Cyrrvvyd, PA September 25, 2021 I, Edward Sayago, Corporate Secretary of PHILADELPIRA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 27 s day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the dale of execution of the attached Power of Attomey the duly elected President ofPHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my nume and affixed the facsimile seal of each Company this 27th day of June Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 20 18 • Page 267 of 475 Agenda Item #21. PHILADELPHIA INDEMNITY INSURANCE COMPANY Statutory ,Statements of Admitted Assets, Liabilities and Capital anrl-Surptus (in thousands, except par value and share amounts) Admitted Assets As of December 31, 2017 2016 Bonds (fair value $6,911,411 and $6,366,973) $ 6,708,174 $ 6,256,540 Preferred stocks (fair value $50,134 and $61,596) 48,537 60,425 Common stocks (cost $3I,965 and $73,723) 33,817 71,273 Mortgage loans 400,590 358,530 Real estate 3,294 . 3,518 Other invested assets (cost $234,382 and $210,393) 240,475 216,318 Receivables for securities 399 2,527 Cash, cash equivalents and short-term lovestmenis 140,469 44,778 Cash and invested assets 7,575,754 7,013,909 Premiums receivable, agents' balances and other receivables $31,770 781,505 Reinsurance, receivable on paid losses 33,955 23,669 Accrued Investment Income 86,998 77,957 Receivable from affiliates 6,611 5,883 Federal income taxes receivable 4,869 - Net deferred tax asset 113,125 177,984 Other assets 89 93 Total admitted assets $ R.653 171 MOD Liabilities mud Cmpllal and Surplus Liabilities: Net unpaid losses and loss adjustment expenses $ 4,263,096 $ 3,856,578 Net unearned premiums 1,533,201 1,449,732 Reinsurance payable on paid loss and loss adjustment expenses 23,933 13,357 Ceded reinsurance premiums payable 80,592 72,331 Commissions payable, contingent commissions and other similar charges 225,361 249,225 Federal income taxes payable - 13,273 Accrued expenses and other liabilities 117,799 92,865 Payable to affiliates 10,761 12,467 Provision for reinsurance 1 642 Payable for purchased securities 81,458 49,,033 Totalliubilittes $ 6.336,802 $ 5,809,503 Capital; Common stock, par value of $10 per share; 1,000,000 shares authorized, 450,000 shares issued and outstanding 4,500 4,500 Surplus: Gross paid -fit and contributed surplus 386,071 386,071 Unassigned surplus J,225,79$ l 92 , Total surplus 2,311,869 2,266997 Total capital and surplus 2,316.369 2,271,497 Total liabilities and capital and surplus L - i6_51121 �$ 0$10114 The undersigned, being duly sworn, says: That he is the Executive Vice President and Chief Financial Officer of Philadelphia Indemnity Insurance Company; that said Company is a corporation duly organized in the state of Pennsylvania, and licensed and engaged in the State of Pennsylvania and has duly complied with all the requirements of the laws of the said State applicable of the said Company and Is duly qualified to act as Surety under such laws; that said Company has also complied with and is duly qualified to act as Surety tinder the Act of Congress. And that to the best of her knowledge and belief the above statement is a full, true and correct statement of - n - 00MM0NWEALTH E PENN5YLVANM NOTARIAL SEAL Attest: KlmborlyA, Keasleskl, NolaryPublic [MYCOMMISSIOrl OWOrMerltln Twp„ MonlgornoryCountyExpltes Don,18,2620, . MBER, PENNB VANtAASSoGIATroN op NOTARIES Sworn to before me this 6th day of.lune 2018. i Page 268 of 475 Agenda Item #21. .... - .... _ _.-- -.... _ _....-..___..._.._..._._...._ _-.._._.................. ...... ;11 z a 2 Q z 0 Z w 0 fr F IDLLJ Q V � � Q L u Q 00 w Z� V) W Lu Cl LL CL LL IJJ` 'rYl 3, O p cn Z = O O 0 a W V d z H O E O N V) C u M .0 LLL777000 �' X v w 3 .fit C N E C U O -a Ln N O v v C � v O .V 4— �, v � s � c �v 4-1 .0 E o ° Ln o LE c o 4 o C o cz o 7E a� V) c .0 O Page 269 of 475 Agenda Item #21. FELIASS-03 SKUSHNER CERTIFICATE OF LIABILITY INSURANCE DAT21112 D1YYYY) 211/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ilou of such endorsements . PRODUCER CONTAE:CT Brown & Brown of New York Inc. PHONE FAX 800 Westchester Avenue, N-311 (Arc, No, Ext): (914) 337-1833 Auc, Ne); (914) 337-1596 Rye Brook, NY 10573 E- +AIL certificates bbinsn Com A DRESS; cercaes@nsny.com A: Starr Indemnity & LIab[lit y_company INSURED I INsunru B-Travelers Property Casualtv Comnanv of America Felix Associates of Florida, Inc. 8526 SW Kansas Avenue Stuart, FL 34997 Co r0VFRAr;FC rr0TI1r:Ir ATF mlrtm RG17. lot%nelnne r.ulean= THIS IS TO CERTIrY TI iAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MMDD POLICY EXP DD 12l3112018 LIMITS A X X COMMERCIALGENERALLIABILITY CLAIMS -MADE OCCUR Poll $1M11M 1000090305171 12l31/2017 EACH OCCURRENCE $ 1,000,000 pRFIMISFS ER oNccTurranco S 100,000 MED EXP An one erson 10,000 X ContractualL►ab PERSONAL &ADVINJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY � AEI° LOG GENERALAGGREGATE 2,000,000 PRODUCTS - COMPIOPAGG 2,000,000 $ OTHER: A AUTOMOBILE X LIABILITY ANYAUTO AUTOSOWNED SCHEDULED ONLY AUTOS SISIPCA08222917 12131/2017 12/31/2018 tINED SINGLE LIMIT COMBINED EA 1,000,000 BODILY INJURY Perperson) S BODILY INJURY (Per accident). $ PeOecEciRdent AMAGE AUT03 ONLY AU705 ONrJLY S A UMBRELLA LIAR X OCCUR EACH OCCURRENCE 5,000,000 X ExcEss LIAe CLAIMS -MADE 1000095184171 12131/2017 12/3112018 AGGREGATE 5,000,000 MDTRETENTIONS A AND KE RS COMPENSATION ANYPROPRIETORIPARTNER/EXECUTIVE YIN oppFICEWRIMEMBERExcLUDEa7 (Mandatory In NH) If yes, desuibs under DESCRIPTION OF OPERATIONS below NIA 100000195¢02 12/31/2017 12131/2018 X SER U E OTH- E.L. EACH ACCIDENT 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT T,000 000 B Excess ability ZUP-31M90780-17-NF 12/31/2017 12/3112018 Occurrence/Aggregate 5,000,000 C installation Floater IMX193070479 12/31/2017 12/31/2018 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be altachod it moro spa(;o is roqulrod) Proof of coverage. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 6E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. Alf rights reserved. The ACORD name and logo are registered marks of ACORD Page 270 of 475 Agenda Item #21. NOTICE OF INTENT TO AWARD DATE: July 19, 2018 TO: Felix Associates of Florida, Inc. 8526 SW Kansas Avenue Stuart, FL 34997 ATT: Benjamin Miller, Vice President Project: Unit Price Contract for Utility Infrastructure Repairs & Improvements (VV1831) Town of Jupiter Utilities Jupiter, Florida Gentlemen: This is to advise that on August 9, 2018, a recommendation for award of the above referenced Contract will be made to the Jupiter Town Council as a result of your bid in the amount of $1,240.00 submitted to the Town of Jupiter (Owner) on June 27, 2018. Two (2) sets of the Project Manual for this project are attached. Each set contains an unexecuted agreement. Please sign both sets of the Agreement and include the following additional documentation necessary for execution of the Agreement/Contract. DO NOT DATE ANY OF THE DOCUMENTS. They will be dated upon execution by the Town • Two original signed and notarized Payment Bonds (one Bond form included with each project manual). • Two original signed and notarized Performance Bonds (one Bond form included with each project manual). • Four original Power of Attorneys; one each to accompany each Payment and Performance bond. • Two current Certificates of Insurance naming the Town of Jupiter as an additional insured per the requirements of the contract. Please return both signed Project Manuals with supporting documentation to our office for final signatures. Your attention is invited to the provision whereby your proposal guarantee may be forfeited in the event the Agreement with satisfactory bonds, insurance, and power of attorneys is not executed and delivered to the Owner within fifteen (15) consecutive calendar days from July 20, 2018. One fully executed original and one copy of the executed Agreement/Contract will be provided to you along with Conformed Construction Documents on or before the Pre -Construction meeting. Sincerely, Brad Wagne Town of Jupiter Senior Utilities Engineer W1831 Page 36 of 53 Page 271 of 475 Agenda Item #21. NOTICE OF AWARD DATE: August 10, 2018 TO: Felix Associates of Florida, Inc, 8526 SW Kansas Avenue Stuart, FL 34997 ATT: Benjamin Miller, Vice President Project: Unit Price Contract for Utility Infrastructure Repairs & Improvements (W1831) Town of Jupiter Utilities Jupiter, Florida Gentlemen: This is to advise that on August 9, 2018, the Jupiter Town Council approved award of the Contract for the above referenced project as a result of your bid of $1,240.00 submitted to the Town of Jupiter (Owner) on June 27, 2018. One fully executed original and one copy of the executed Agreement/Contract will be provided to you along with Conformed Construction Documents on or before the date of the Pre - Construction meeting. A Notice to Proceed will be issued for commencement of the Contract Time. We look forward to working with you on this project. Please feel free to contact me at (561) 741-2589 or bradw(c�lupiter.fl.us should you have any questions. We look forward to working with you on this Contract. Sincerely, Brad Wagner Town of Jupiter Senior Utilities Engineer W1831 Page 37 of 53 Page 272 of 475 Agenda Item #21. AGREEMENT (CONTRACT) BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the l'�+I'% day ofS?.0tY.A-Lbe r in the year 2018 by and between Town of Jupiter (hereinafter called O NER) and Felix Associates of Florida, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Perform miscellaneous Utility infrastructure maintenance, repairs and/or improvements for the Town's Water and Stormwater systems under an hourly priced contract for the provisions of crews with equipment. Crews and equipment shall be available on as needed basis with no guarantee by the Town of the amount of usage. Work may include non -emergency and emergency work. The Town will direct purchase materials for non -emergency work with the Contractor providing the materials list. For emergency work, Contractor will purchase the materials after providing the Owner with an estimate of such. In both cases, the Contractor will be responsible for material delivery, schedule and coordination with the material vendor. This is a two year contract with the provision for contract extensions as described in the bid documents. Contractor shall agree to supply equipment and resources on Town location in advance preparation of a hurricane or natural disaster. Town shall be responsible for the cost incurred by the contractor. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: UNIT PRICE CONTRACT FOR UTILITY INFRASTRUCTURE REPAIRS & IMPROVEMENTS (W1831) TOWN OF JUPITER UTILITIES JUPITER, FLORIDA Article 2. ENGINEER. The Contract has been assembled by the Town of Jupiter Utilities in cooperation with: Kimley-Horn and Associates, Inc. 1920 Wekiva Way Suite 200 West Palm Beach, FL 33411 The Town of Jupiter will administer the contract during the construction phase. W1831 Page 38 of 53 Page 273 of 475 Agenda Item #21. Article 3. CONTRACT TIME. 3.1. The Work will have a substantial completion date after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and as outlined below. The work will be completed and ready for substantial and final payment in accordance with Article 14 of the General Conditions and as outlined below: Substantial Completion: 730 calendar days from Notice to Proceed Final Completion: 730 calendar days from Notice to Proceed 3.2 Unless extended or terminated, the period of performance of this CONTRACT shall commence upon the effective date of execution by the OWNER and continue for a period of 2 years or seven hundred and thirty calendar days (730 days). Written Notice to Proceed and Work Order duration will be mutually agreed upon by both the CONTRACTOR and OWNER and provided in Work Orders outlining work. The CONTRACTOR shall not proceed with work under this CONTRACT until a Work Order with written Notice to Proceed is received from the OWNER. 3.3 The initial term of the Contract will be two years (730 calendar days) from the date of Notice to Proceed. Owner may at Owner's sole discretion renew this Contract for one (1) additional two (2) year term and one (1) additional (1) year term for a total Contract period of five (5) years. It is solely the responsibility of the Contractor to initiate any renegotiation of the Unit Prices of the Contract sixty (60) days prior to the expiration date of the Contract. Failure to initiate renegotiation of rates sixty (60) days prior to the expiration date will result in the continuation of the Unit Prices in the Contract until the next expiration date. Owner reserves the right to terminate negotiations and continue work under existing rates or terminate the Contract. Regardless of anything to the contrary, this Contract may be terminated by the Owner at any time and for any reason. Further, the Contractor agrees that it will not be entitled to any claims and/or damages resulting from such termination, including, but not limited to, lost profits, direct or indirect damages, and consequential special or punitive damages. 3.4 The parties agree that the TIME IS OF THE ESSENCE, in the performance of each and every obligation under this CONTRACT. The CONTRACT may be changed only by a change order to the CONTRACT Work Order amendments to individual Work Orders must be completed in writing and signed and dated by Contractor and Owner. 3.5 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (But not W1831 Page 39 of 53 Page 274 of 475 Agenda Item #21. as a penalty) CONTRACTOR shall pay OWNER Seven Hundred and Fifty 00/100 dollars ($750.00) for each day that expires after the time specified in Paragraph 3.1 for substantial completion until the Work is substantially complete, and Five Hundred 00/100 dollars ($500.00) for each day that expires after the time specified in Paragraph 3.1 from the date of final completion until the work has reached final completion. Final completion includes demobilization from the site. Owner may withhold payment to compensate for liquidated damages either by increasing the amount of money being held in retainage or deduct the amount due in Liquidated Damages from the final payment application. Liquidated damages under this Contract apply to each individual substantial completion date and the final completion date. 3.6 This provision of Liquidated Damages for delay shall in no manner affect the TOWN's right to terminate the CONTRACT. The OWNER'S exercise of the right to terminate shall not release the CONTRACTOR from his obligation to pay Liquidated Damages. It is further agreed that the OWNER may deduct from the balance of the CONTRACT sum held by the OWNER the Liquidated Damages stipulated herein or such portions as said balance will cover. Article 4. CONTRACT PRICE. 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Document in current funds accordance to the Proposal Unit Prices. 4.2 No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open end Contract. Estimated quantities will be used for Bid comparison purposes only. The Owner reserves the right to issue Work Orders as and when required for proposed work for any or all bid items or any combination thereof. Work under this Contract is subject to fiscal appropriation by the Jupiter Town Council in either or both the Town's Community Investment Program (CIP) and fiscal year operating budgets. Estimated funding budgets anticipated to be available for the original two year contract term and subsequent two year and one year renewal terms are provided in the table below. W1831 Page 40 of 53 Page 275 of 475 Agenda Item #21. Estimated Annual Funding Budgets Anticipated for Town of Jupiter Utilities Unit Price Contract for Utility Infrastructure Repairs & Improvements (W1831) Year Project Location Project Description Estimated Annual Value Funding Source 2019 Center Street Replace Valves and Hydrants $50,000 Water Asset Maint. CIP 2019 Indian Creek (Wingfoot) Replace Valves and Hydrants $50,000 Water Asset Maint. CIP 2019 Indiantown Rd/S Pennock Replace Valves $50,000 Water Asset Maint. CIP 2019 Perigon Way Dist Improve Replace services, valves, hydrants $100,000 FY19 CIP Perigon 2019 Various Locations Large Meter Replacements $40,000 Large Meter CIP 2019 Various Locations Emergency and Unexpected Repairs $150,000 Operating R&M 2019 Total $440,000 2020 Center Street Replace Valves and Hydrants $50,000 Water Asset Maint. CIP 2020 Indian Creek (Pinecrest) Replace Valves and Hydrants $50,000 Water Asset Maint. CIP 2020 W Indiantown Rd Replace Valves $50,000 Water Asset Maint. CIP 2020 Mallards Cove/Jupiter Gardens Replace Valves and Hydrants $50,000 Water Asset Maint. CIP 2020 Chasewood North Replace Valves and Hydrants $50,000 water Asset Maint, CIP 2020 Various Locations Large Meter Replacements $40,000 Large Meter CIP 2020 Various Locations Emergency and Unexpected Repairs $150,000 Operating R&M 2020 Total $440,000 2021 Jupiter Dunes/400 A1A Replace Valves $50,000 Water Asset Maint. CIP 2021 Military Trl / Wood Duck Replace Valves $30,000 Water Asset Maint. CIP 2021 Military Trl / High School Replace Valves $50,000 Water Asset Maint. CIP 2021 BrentNood North Replace valves, hydrants, relocate services $60,600 FY21 CIP Brentwood 2021 Various Locations Large Meter Replacements $40,000 Large Meter CIP 2021 Various Locations Emergency and Unexpected Repairs $150,000 Operating R&M 2021 Total $380,600 2022 Shores Replace Valves $50,000 Water Asset Maint. CIP 2022 PBCE Replace Valves $30,000 Water Asset Maint. CIP 2022 Jupiter Heights Replace Valves $50,000 Water Asset Maint. CIP 2022 Various Locations Large Meter Replacements $40,000 Large Meter CIP 2022 Various Locations Emergencyand Unexpected Repairs $150,000 Operating R&M 2022 Total $320,000 2023 Admirals Cove Replace Valves $50,000 Water Asset Maint. CIP 2023 Jonathan's Landing Replace Valves $50,000 Water Asset Maint. CIP 2023 Various Locations (TBD) Replace Valves and Hydrants $50,000 Water Asset Maint. CIP 2023 Various Locations Large Meter Replacements $40,000 Large Meter CIP 2023 Various Locations Emergency and Unexpected Repairs $150,000 Operating R&M 2023 Total $340,000 5 Year Grand Total $1,920,600 W1831 Page 41 of 53 Page 276 of 475 Agenda Item #21. 4.3 The Owner reserves the right to purchase commodities/services specified herein through contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required within a short period than the delivery time specified in the Contract, and if the seller is unable to comply therewith, the Owner reserves the right to obtain such delivery from others without penalty or prejudice to the Owner or to the Bidder. Article 5. PAYMENT PROCEDURES. 5.1 Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for payment will be processed by OWNER as provided in the General Conditions. 5.2 The undersigned, acknowledges that payments made by the Town of Jupiter will be made via electronic funds transfer (EFT) and vendor will provide the Town of Jupiter with the information required to make EFT payments. 5.3 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment within 30 days of receipt of each monthly approved application for payment during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the agreed upon schedule of values provided for in paragraph 14.01 of the General Conditions. 5.4. Prior to 50% Completion of the work, progress payments will be made in an amount equal to: 90% of the Work completed, and 90% of materials and equipment not incorporated in the Work but delivered and suitably stored, less in each case the aggregate of payments previously made. 5.5. Upon 50% completion of work, OWNER, will pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the work completed. Owner may elect to withhold a greater percentage if work is determined, by Owner, to be insufficient or incomplete until Final Completion. 5.6. Upon achievement of Substantial Completion CONTRACTOR may request, in writing, that total payments be increased to 98% of the contract price. OWNER may or may not approve this request at their discretion. 5.7. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as provided in said paragraph 14.07 unless liquidated damages are due. Article 6. INTEREST. Not applicable. W1831 Page 42 of 53 Page 277 of 475 Agenda Item #21. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 7.2. CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications and which have been identified in the Supplementary Conditions. 7.3. CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to in paragraph 7.2 as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the otherterms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he as discovered in the Contract Documents and the written resolution thereof is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consists of the following: 8.1. Index 8.2. Table of Contents -Specifications & Appendices 8.3. Advertisement for Bids 8.4. Instructions to Bidders 8.5. Proposal W1831 Page 43 of 53 Page 278 of 475 Agenda Item #21. 8.6. Contractor Safety Qualification/Requirements 8.7 Sworn Statement 8.9. Trench Safety 8.10 Notice of Intent to Award 8.11. Notice of Award 8.12. This Agreement (pages 41 to 46, inclusive) 8.13. Payment and Performance Bond 8.14. Opinion of Town Attorney 8.15. Notice to Proceed 8.16. General Conditions (pages 0700-0 to 0700-41, inclusive) 8.17. Supplementary Conditions (pages SC-1 to SC-7, inclusive) 8.18 Any Modifications, including Change Orders, duly delivered after execution of Agreement. 8.19 Technical Specifications including Appendices bearing the title: Unit Price Contract for Utility Infrastructure Repairs & Improvements (W1831) 8.20 Drawings bearing the title: Town of Jupiter Engineering/Public Works & Utility Construction Standards and Details (available at the Town of Jupiter website). Drawings provided to the Contractor explain the scope of work for work orders issued under this contract. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in Section 1 of the General Conditions). Article 9. MISCELLANEOUS 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may W1831 Page 44 of 53 Page 279 of 475 Agenda Item #21. become due and moneys that are due may be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 The Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The Contractor understands and agrees that in addition to other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Office of Inspector General of Palm Beach County when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. The Office of Inspector General in Palm Beach County is established by Palm Beach County Code, Section 2-421 - 2-440. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421 — 2- 440, and be punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 9.5 The risk of loss or destruction to the project, or any Work Order or portion and/or element thereof, regardless of the cause of the casualty, shall be borne solely by the CONTRACTOR until all goods and materials to be used in the work are incorporated into the Project/Work Order at the Project/Work Order site for its intended purpose and use and final inspection, acceptance and payment for the Project/Work Order has been made by the OWNER. Title to the goods shall pass to the OWNER upon delivery and final acceptance of the entire Project/Work Order by the OWNER, notwithstanding the fact that periodic payments may have been made during the course of the CONTRACT. W1831 Page 45 of 53 Page 280 of 475 Agenda Item #21. IN WITNESS WHEREOF, the parties hereto have signed two (2) copies of this Agreement. At least one counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. OWNER Town of Jupiter 210 Military Trail Jupiter, FL 33458 By: i TODIU R. WODRASKA, Mayor (TOWN SEAL) ATTEST Sally M. Boylan, own Clerk l f? 0 7 am, ��f?'ysx4'�;/�3j�4 ��,eaoacsataM� '•{�D"��'^. CONTRACTOR Felix Associates of Florida, Inc. 8526 SW Kansas Avenue Stuart, FL 34997 Benjan6Viller, Vil Rrl of .. GO '��� •O� (CORPORATE SE'L) �L a 2009 ATTEST"40 La flr�u` r'�'l�LLLP TEIZ —PRAT NAME W1831 Page 46 of 53 Page 281 of 475 Agenda Item #21. Bond No. PB10662400256 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Felix Associates of Florida, Inc. as Principal, hereinafter called Contractor, and legal title of Philadelphia Indemnity Insurance Company as Surety, hereinafter called Surety, are held and firmly bound onto Town of Jupiter as Obligee, hereinafter called Owner, in the amount of Four Hundred Forty Thousand Dollars and No/100 (Q 440,000.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, 11 Contractor has by written agreement dated T 1 , 2018, entered into a contract with Owner for the Town of Jupiter Utilities Unit Price Contract, (W1831) plans and specifications prepared by the Town of Jupiter which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations there under, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any W1831 Page 47 of 53 Page 282 of 475 Agenda Item #21. amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes (1987), as may be amended, which statute supersedes this bond to the extent of any conflict, and to the extent the Public Construction Bond coverage provided in such statute may be broader than this bond. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for his labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for his labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the surety unless both notices have been given. No action shall be instituted against the Contractor or the surety on the bond after 1 year from the performance of the labor or completion of delivery of the materials or supplies. Ak 2018 Signed and sealed this LY day of 1'J I' , Witness p II ic- PUr Witness Stephanie F. Foy W1831 Page 48 of 53 Felix Associates of Florida, Inc. Principal Title v iOR£S tDeNT, GetjjkM1VQ MtLI-c.2 Philadelphia Indemnity Insurance Company Surety I-, (Seal) Title Lisa Nosal, Atty-in-fact Page 283 of 475 Agenda Item #21. State of New Jersey ] -ss County of Passaic ] ACKNOWLEDGEMENT OF SURETY On ,2018, before me personally came Lisa Nosal to me known, who, being by me duly sworn, did depose and say that she is an attorney -in -fact of Philadelphia Indemnity Insurance Company the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation, and that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. My Commission expires: Notary Public STEPHANIE F. FOY NOTARY PUBLIC STATE OF NL-'W A-RSEY My CO{UiA11�SI0W %WIRE5 bC? CsER 27.2018 Page 284 of 475 Agenda Item #21. One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney 1418 KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Louis A. Mahakas, Robert Culnen, Joseph W. Mallory, Lisa Nosal, and Stephanie Foy of C&H AEency. Inc.. its true and lawful Attomey-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPIIIA INDEMNITY INSURANCE COMPANY on the 14`s of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFDMD BY ITS AUTHORIZED OFFICE THIS 27Tm DAY OF OCTOBER, 2017. Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27 s day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHH ADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONW OF PENNSY VAN NO1"1A19EW. Morgan'". NolnryPu06p Notary Public: M,C Merbn7wp_Monl9p.P1.2 . M21 AtyCommil,ion E,p1!! 5lp1.25, 2➢21 +sw rvs,ly nov residing at: (Notary Seal) My commission expires: Irn �Xr� Bala CynMd. PA Member 25, 2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 27's day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this Aday of r 20 18 2 7f Edward Sayago, Corporate Secretary '•, rs; :rs, c';`Y i e PHILADELPHIA INDEMNITY INSURANCE COMPANY Page 285 of 475 Agenda Item #21. Bond No. PB10662400256 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Felix Associates of Florida, Inc. as Principal, hereinafter called Contractor, and legal title of Philadelphia Indemnity Insurance Company as Surety, hereinafter called Surety, are held and firmly bound onto Town of Jupiter as Obligee, hereinafter called Owner, in the amount of Four Hundred Forty Thousand Dollars and No1100 (s 440,000.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated ' 2018, entered into a contract with Owner for the Town of Jupiter Utilities Unit Price Contract, (W1831) plans and specifications prepared by the Town of Jupiter Utilities Department which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall.promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and W 1831 Page 49 of 53 Page 286 of 475 Agenda Item #21. have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes (1987), as may be amended. A claimant, except a laborer, who is not in privity with the contractor and who has not received payment for his labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the contractor and who has not received payment for his labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the contractor and to the surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. No action for the labor, materials, or supplies may be instituted against the contractor or the surety unless both notices have been given. No action shall be instituted against the contractor or the surety on the bond after I year from the performance of the labor or completion of delivery of the materials or supplies. W1831 Page 50 of 53 Page 287 of 475 Agenda Item #21. Signed and sealed this da of UJ r 2oia o 'c ' cj' 'G`�RP13"'�'Ry'•�� Felix Associates of Florida, Inc. ► Q- ; (N �A O Principal Witness u��6 pcsrc,L Witness Stephanie F. Foy W1831 Page 51 of 53 Title V �P��1 [3�N�ttwV "LLM Philadelphia Indemnity Insurance Company Surety ,R (Seal) Title Lisa Nosal, Atty-in-fact Page 288 of 475 Agenda Item #21. ACKNOWLEDGEMENT OF SURETY State of New Jersey ] -ss County of Passaic ] On ,2018, before me personally came Lisa Nosal to me known, who, being by me duly sworn, did depose and say that she is an attorney -in -fact of Philadelphia Indemnity Insurance Company the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation, and that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. My Commission expires: t Notary Public STEPHANIE F. FOY NOTARY PUBLIC STATE OF h,ICW JERSEY MY COMMISSION EXPIRES OCT00ER 27, 2018 r - Page 289 of 475 Agenda Item #21. PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney 1418 KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Louis A. Vlahakas, Robert Culnen, Joseph W. Mallory, Lisa Nosal, and Stephanie Foy of C&H Agency, Inc„ its true and lawful Attomey-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed S25,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 10 of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the sea] of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the fixture with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27m DAY OF OCTOBER, 2017. (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27ie day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OFP NNSYCYAN NOTAFfNSi:A1 Fbm��IInNV Nwry PueSryCooynl Notary Public: 16nG1 MltlonTnp_Monloomey Fly Commiuim EayJu Shp1.35, mn x,�t rrsnrw,rsswnnox residing at: (Notary Seal) My commission expires: 'YYi ,L�Y Bala Cynwvd- PA September 25, 2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 27'h day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this _day .5nA L Lb_5.- - .20 18 —` _- Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY Page 290 of 475 Agenda.ltem #21. . PHHADELPHIA INDEMNITY INSURANCE COMPANY Statutory Statements of Admitted Assets, Liabilities and Capital and Surplus (in thousands, except par value and share amounts) Admitted Assets As of December 31, 2017 2016 Bonds (fair value $6,911,411 and $6,366,973) $ 6,708,174 $ 6,256,540 Preferred stocks (fair value $50,134 and $61,596) 48,537 60,425 Common stocks (cost $31,965 and $73,723) 33,817 71,273 Mortgage loans 400,590 358,530 Real estate 3,294 3,518 Other invested assets (cost $234,382 and $2I0,393) 240,475 216,318 Receivables for securities 399 2,527 Cash, cash equivalents and short-term investments 140,468 44,778 Cash and invested assets 7,575,754 7,013,909 Premiums receivable, agents' balances and other receivables 831,770 781,505 Reinsurance receivable on paid losses 33,955 23,669 Accrued investment income 86,998 77,957 Receivable from affiliates 6,611 5,883 Federal income taxes receivable 4,869 - Net deferred tax asset 113,125 177,984 Other assets 89 93 Total admitted assets $ 8,653 .Zl $ 8,081, -0 Liabilities and Caoital and Surolus Liabilities: Net unpaid losses and loss adjustment expenses $ 4,263,696 $ 3,856,578 Net unearned premiums 1,533,201 1,449,732 Reinsurance payable on paid loss and loss adjustment expenses 23,933 13,357 Ceded reinsurance premiums payable 80,592 72,331 Commissions payable, contingent commissions and other similar charges 225.361 249,225 Federal income taxes payable - 13,273 Accrued expenses and other liabilities 117,799 92,865 Payable to affiliates 10,761 12,467 Provision for reinsurance 1 642 Payable for purchased securities _ 8_11458 49,033 Totalliabilitics $ 6,336,802 $ 5,809,503 Capital: Common stock, par value of $10 per share; 1,000,000 shares authorized, 450,000 shares Issued and outstanding 4,500 4,500 Surplus: Gross paid -In and contributed surplus 386,071 386,071 Unassigned surplus 1925.798 1,880,926 Total surplus 2 311 869 2,266,997 Total capital and surplus 2,316,369 2,271,497 Total liabilities and capital and surplus $ 8,653,171 8,081.000 The undersigned, being duly sworn, says: That she is the Executive Vice President and Chief Financial Officer of Philadelphia Indemnity Insurance Company; that said Company is a corporation duly organized in the state of Pennsylvania, and licensed and engaged in the State of Pennsylvania and has duly complied with all the requirements of the laws of the said State applicable of the said Company and is duly qualified to act as Surety under such laws; that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress. And that to the best of her knowledge and belief the above statement is a full, true and correct statement of A COMMONWEALTH OF PENNSYLVANIA NOTARIALSPA!_ Attest: EK[mbeflyA, Kessleskl, Notary Public rton Twp„ Montgomery County I$slon Expires Darn, 18, 2629 N9 VANJAA8S0C1AT1014 OF NOTARIES Sworn to before me this 6th day of June 2018. Page 291 of 475 Agenda Item #21. OPINION OF TOWN ATTORNEY This is to certify that I have examined the attached Contract Documents, that after such examination, I am of the opinion that such documents conform to the laws of the State of Florida, that the execution of the Contract and the Contract Bonds is in due and proper form, that the representative of the respective Contracting Parties have full power and authority to execute such Contract and Contract Bond on behalf of the respective Contracting Parties and that the foregoing agreements constitute valid and binding obligations on such parties. Thomas J. Baird, Esq Attorney for Town of Jupiter This the _(9- day of , 2018. W1831 Page 52 of 53 Page 292 of 475 Agenda Item #21. NOTICE TO PROCEED DATE: S-e& l be r 15, ao I Q TO: Felix Associates of Florida, Inc. 8526 SW Kansas Avenue Stuart, FL 34997 ATT: Benjamin Miller, Vice President PROJECT: Unit Price Contract for Utility Infrastructure Repairs & Improvements (W1831) Town of Jupiter Utilities Jupiter, Florida Gentlemen: SC ,.One fully executed copy of your contract is enclosed. The commencement date is The following completion dates apply: Substantial Completion - ,� M (730 Days from Notice to Proceed) Final Completion (730 Days from Notice to Proceed) The term of the Contract may be extended as described in the Contract Documents. Your attention is invited to the provision whereby you shall start to perform your obligations under the Contract Documents on the Commencement date. Said date shall begin the Contract Time. The Town of Jupiter will monitor the progress of the work and conformance with the contract. The Contractor shall be responsible to record a Notice of Commencement with Palm Beach County and provide the Owner with a copy of the recorded document before the work begins. Sincerely, C, A� k Amanda Z. rnes, P.E. Assistant Director of Utilities Town of Jupiter W1831 Page 53 of 53 Page 293 of 475 Agenda Item #21. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACTDOCUMENTS COMMITTEE and Issued and Published Jointly By A C E C Professional National Society of AMCrican Society a Processional Engineers p{ Civil Engineers A}IIPICdA,.4Ufli IIAH hY61KItkIK1: l0.Nl'.1KI11 Protessional Englneorsln Pdvafe Practice PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of tyre NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMEMCAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by «t,_rnmc The Associated General Contractors of America RMsucfaln4or sling �j end Sustaining [hot BWI Envirommnnl Construction Specifications Institute EJCDC C-700 Stondard Generst Conditions of the Construction Contract. Copyright 0 2002 Nntionat Society of Prafessionnt Engineers for EJCDC. An rights reserved. 00700 - 0 Page 294 of 475 5 Agenda Item #21. Copyright 02002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained In the EJCDC Construction Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002 Edition). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -1 Page 295 of 4' Agenda Item #21. EJCDC C-700 Standard General Conditions of the Construction Contract, Copyright © 2002 National Society of Professional Engineers for RJCDC, All rights reserved, 00700 - 2 Page 296 of 47 Agenda Item #21. TABLE OF CONTENTS P. ft$e ARTICLE I - DEFINITIONS AND TERMINOLOGY..............................................................................................................6 1.01 Defined Ternis..........................................................................................................................................................6 1.02 Terminology.............................................................................................................................................................8 ARTICLE 2 - PRELIMINARY MATTERS...............................................................................................................................9 2.01 Delivery of Bonds and Evidence ofInsurance .........................................................................................................9 2.02 Copies ofDocu rents...............................................................................................................................................9 2.03 Commencement of Contract Times; Notice to Proceed..........................................................................................19 2.04 Starting the Work...................................................................................................................................................1.9 2.05 Before Starting Constuction...................................................................................................................................9 2.06 Preconsiruction Conference....................................................................................................................................9 2.07 Initial Acceptance of Schedtdes.............................................................................................................................. 9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE......................................................................10 3.01 Intent ...................................................................................................................................................................... to 3.02 Reference Standards..............................................................................................................................................10 3.03 Reporting and Resolving Discrepancies................................................................................................................10 3.04 Amending and Supplementing Contact Documents ....... .................................................. ...... ................ I ........... ... I 1 3.05 Reuse ofDoewnents...............................................................................................................................................11 3.06 Electronic Data...................................................................................................................................................... I 1 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS................................................................................................11 4.01 Availability of Lands..............................................................................................................................................11 4.02 Subsinface and Physical Conditions......................................................................................................................12 4.03 Differing Snb.sta face or Physical Conditions........................................................................................................12 4.04 Underground Facilities..........................................................................................................................................13 4.05 Reference Points....................................................................................................................................................13 4.06 Hazardous Environmental Condition at Site.........................................................................................................13 ARTICLES-BONDS AND INSURANCE.............................................................................................................................14 5.01 Performance, Payment, and Other Bonds..............................................................................................................14 5,02 Licensed Surelles and Insurers..............................................................................................................................15 5.03 Certificates oflnsurance........................................................................................................................................15 5.04 Contractor's Liability Insurance...........................................................................................................................15 5.05 Owner's Liability Itsurance..................................................................................................................................16 5.06 Property Insurance................................................................................................................................................16 5.07 Waiver of Rights.....................................................................................................................................................17 5.08 Receipt and Application of -Insurance Proceeds....................................................................................................17 5.09 Acceptance of Bonds and Insurance; Option to Replace.......................................................................................17 5.10 Partial Utilization, Acknowledgment of Propertylnsurer.....................................................................................18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ... .... ........... .... ... ...... I'll ... ..... ............ ....... ......... .............. I_, ................ 18 6.01 Supervision and Superintendence..........................................................................................................................18 6.02 Labor; Tforking Hotas...........................................................................................................................................18 6.03 Services, Materials, and Equipinenl.......................................................................................................................18 6.04 Progress Schedule..................................................................................................................................................18 6.05 Substitutes and "Or-Equals...................................................................................................................................19 6.06 Conce►•ningSubcontractors, Suppliers, and Others...............................................................................................20 6.07 Patent Fees and Royalties......................................................................................................................................21 6.08 Permits...................................................................................................................................................................21 6.09 Laws andRegrdations.........................................................................................................................................21 6.10 Taxes................................................................................................................................................I..............I.....22 6.11 Use of Site and Other Areas...................................................................................................................................22 6.12 Record Documents.................................................................................................................................................22 6.13 Safety and Protection.............................................................................................................................................22 6.14 Sgfety Representative...........................................................................................................................................23 6.15 Hazard Communication Programs........................................................................................................................23 EJCDC C-700 Stnudard Generni Conditions of the Construction Contreet. Copyright ©2002 Netlonal Society ofProfessionni Engineers for EJCDC. All rights reselTed. 00700 - 3 Page 297 of 4 Agenda Item #21. 6.I6 Emergencies ........................................................................................................................................................... 23 6.17 Shop Dr•mvings and Samples.................................................................................................................................23 6.18 Continuing the Work.............................................................................................................................................. 24 6.19 Contractor '.s General Warranty and Guar-antee....................................................................................................24 6.20 Indemnifrcalion......................................................................................................................................................24 6.21 Delegation of Professional Design Services..........................................................................................................25 ARTICLE 7 - OTHER WORK AT THE SITE...,...,....•..•...................................•..•.............................•...,,.,,,.,..........,.1.....I......25 7.01 Related Work atSite............................................................................................................................................... 25 7.02 Coordination.......................................................................................................................................................... 26 7.03 Legal Relationships................................................................................................................................................26 ARTICLE 8 - OWNER'S RESPONSIDILITIES......................................................................................................................26 8.01 Communications to Contractorr•......................•..•..................................................,................................................26 8.02 Replacement of Engineer•.......................................................................................................................................26 8.03 Furnish Data..........................................................................................................................................................26 8.04 Pay When Due.....................................................................................................................................................26 8.05 Lands and Easements; Reports and Tests.............•..........••........................,•.....•.....,..,......•..,.................................26 8.06 Insurance.......•............................................................•......•....•............•...••.....,...,..................................................26 8.07 Change Order•s....................................................................................................................................................... 26 8.08 Inspections, Tests, and Approvals.........•.........•...........................................•...............•...•.,....................................26 8.09 Limitations on Owners Responsibilities..................•...............,........•......,.•.....•......,........•....................................27 8.10 Undisclosed Hazardous Environmental Condition ................................................................................................ 27 8111 Evidence of Financial Ara•angements.....................................................................................................................27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ..................................................................................... 27 9.01 Owner's Repr-esentative.........................................................................................................................................27 9.02 Visits to Site..•.......•.......................•.....•...............................•.......•.......................................•..................................27 9.03 Project Rep•esentative...........................................................................................................................................27 9.04 Authorized Variations In Jlrot•k..................•...•......,.......,.....................•......•...,...........•............•..............................27 9.05 Rejecting Defective Work....................................................................................................................................... 27 9.06 Shop Di -wings, Change Orders and Payments...................................................................•.................................28 9.07 Deternrinatlons for• Unit Price Work...................................................................................................................... 28 9.08 Decisions on Requirements of Conlracf Documents and Acceptability of Work ................................................... 28 9.09 Limitations onEngineer'sAuthor•ityand Responsibilities ..................................................................................... 28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS..••.....•..,..•.............•...........•.......•..................•......................................28 10.01 Atithor•izedChanges in the Yi'ork.................................................•..•.....•......•.........................................................28 10.02 Unauthorized Changes in the Work ..................... .............••..........................•..••.............•.....,................................29 10.03 Execution of Change Orders...........................•......................,.................•.......••......................•.............................29 10.04 Notification to Sur•efy............................................................................................................................................. 29 10.05 Claims .............................. ....•.•.....•..•........•..•...........••.•....•.....•..•.....,.................,...............•.....................................29 ARTICLE I I - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK .................................................................. 30 11.01 Cost of the Wor-k....................................................................................................................................................30 11.02 Allowances.............................................................................................................................................................31 11.03 Unit Price YVork...............................•,,.,•..........,.........•....•........•.....,.•,.....•.....•................,.,.•........•....••................•..•31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES.....................................................32 12.01 Change ofContr•ac1Pike ............................................ .......•........................,.................,.......,...............................32 12.02 Change of Contract Times.....................................................................................................................................33 12.03 Delays .................................................................................................................................................................... 33 ARTICLE 13 -'PESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ....... 33 13.01 Notice of Defects ......................•......••...•...•••................••..•.......................•........................•......•..............................33 13.02 Access to Work....................•..•,,....................•....,.............................•....................,.....•...,.•......•.............................33 13,03 Tests and Inspections ............................................................................................................................................. 33 13.04 Uncovering Wor•k................................................................................................................................................34 13.05 Owner May Stop the J3'or•k...................................................................................................................... ...........•...34 13.06 Correction or•Removal of Defective Work..............•................•.....,..,..........,...•.................,...................................34 13.07 Cora-ectionPeriod..................................................................................................................................................34 13.08 Acceptance of Defective Work ............................................................................................................................... 35 13.09 Owner May Correct Defective Jfor•k......................................................................................................................35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ........... ........................................................ I .......... 36 14.01 Schedule of Values.................................................................................................................................................36 14.02 Progress Payments.................................................................................................................................................36 14.03 Contractor's J3'arrantyofDtle.............................................................................................................................. 37 14.04 Substantial Completion..........................................................................................................................................37 EJCDC C-700 Standnrd General Conditions of the Construction Contract, Copyright ® 2002 National Society of Professional Engineers for LrJCDC, All rights reserved. 00700 - 4 Page 298 of 47 Agenda Item #21. 14.05 Partial Utilization..................................................................................................................................................38 14.06 Final Inspection.....................................................................................................................................................38 14.07 Final Payment.......................................................................................................................................................38 14.08 Final Completion Delayed.....................................................................................................................................39 14.09 Walver of Claims.................................................................................................................................................39 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION.........................................................................................39 15.01 Owner May Suspend ► ork.....................................................................................................................................19 15.02 Owner May Tervninale for Cause .... ......... ....... ................... .... ....... .... ........... ......................... ......... ""... ......... ........ 39 15,03 Owner May Terminate For Convenience...............................................................................................................40 15.04 Contractor May Stop Work or Terminate..............................................................................................................40 ARTICLE16 - DISPUTE RESOLUTION................................................................................................................................41 16.01 Alelhods and Procedures.......................................................................................................................................41 ARTICLE17 - MISCELLANEOUS.........................................................................................................................................41 17.01 Giving Notice.........................................................................................................................................................41 17.02 Computation of Times............................................................................................................................................41 17.03 Cumulative Remedies.............................................................................................................................................41 17.04 Survival of Obligations..........................................................................................................................................41 17.05 Controlling 1,mv.....................................................................................................................................................41 17.06 Headings................................................................................................................................................................41 EJCDC C-700 Standard Generni Conditlons of the Construetlon Contraet. Copyright ® 2002 National Society of Professional Yngiucers for EJCDC. All rights reserved. 00700 - 5 Page 299 of 4 Agenda Item #21. GENERAL CONDITIONS ARTICLE I - DEFMTfONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement --The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payrneut--The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid--Thc offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder --The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents --The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8, Bidding Requirements --The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order --A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim --A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Clain. 11. Contract --The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Docionents-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents, Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price --The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times --The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) com- plete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor --The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work--Scc Paragraph 11.0l,A for definition. 17. Drawings --That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer --The individual or entity named as such in the Agreement. PJCDC C•700 Stondard Genernl Conditions of the Construction Contact. Copyright m 2002 Natlouel Society of Professlonal Engineers for EJCDC. All rights reserved. 00700 - 6 Page 300 of 47 Agenda Item #21. 20. field Order --A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times, 21, General Requirements --Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications, 22. hazardous Environmental Condition --The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 23. hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time, 24. Laivs and Regulations; Laws or Regulations- -Any and all applicable laws, riles, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone --A principal event specified in the Contact Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 27. Nonce of Ativard--The written notice _ by Owner to tine Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed --A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perforni the Work under the Contract Documents. 29. Owner --The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be perforated. 30. PCBs --Polychlorinated biphenyls, 31. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule --A schedule, prepared and maintained by Contractor, describing the sequence and duration of tine activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33, Project --The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual --The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35, Radioactive Material --Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from tune to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative --The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals --A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values --A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop Dra+vings--All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site --Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 43, Spec�flcatlons--That pant of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain EJCDC C-700 Standard General Conditions of the Comtruelion Contract. Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 7 Page 301 of 0 Agenda Item #21. administrative requirements and procedural matters applicable thereto. 44, Subcontractor --An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion --The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, it accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complote" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 46. Successful Bidder --The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplententmy Conditions --That pail of the Contract Documents which amends or supplements these General Conditions, 48. Supplier --A manufacturer, fabricator, suppli- er, distributor, ntaterialman, or vendor linving a direct contract with Contractor or with any Subcontractor to fin-nish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities --All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work --Work to be paid for on the basis of unit prices. 51. Work --The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52, K,'ork Change Directive --A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incotporuted in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a fiutctioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any ditty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight, D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b, does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 8 Page 302 of 47 Agenda Item #21. E, Furnish, Install, Perform, Provide 1, The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said set -vices, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "Install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "finrnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract DOCu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning, ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to finrnish, B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain hn accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed, A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times com- mence to tun later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A, Contractor shall start to perform the Work on the date when the Contract Times commence to run, No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3, a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work, Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference A, Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records, 2.07 Initial Acceptance of Schedules A. At least rU aays before Stiomission Or une nrsL Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with 2.03 Commencement of Contract Threes; Notice to Paragraph 2.05.A. Contractor shall have an additional 10 Proceed days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shalt be A. The Contract Times will commence to tun on made to Contractor until acceptable schedules are the thirtieth day after the Effective Date of the Agreement submitted to Engineer, EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 9 Page 303 of 47 Agenda Item #21. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's fill responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component pants of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all, B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference he specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or tiny of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting J`Fork: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein 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 clariflcation fi•om Engineer before proceeding with any Work affected thereby. 2. Contractor's Revietv of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in air emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. tire. provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. No provision of any. such standard, specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations Supplier shall be effective to change the duties or applicable to the performance of tine Work EJCDC C-700 Standard General Conditlons of the Construction Contract. Copyright © 2002 Natlonal Society of Professional Engineers for CJCDC. All rights reserved. 00700 -10 Page 304 of 47 Agenda Item #21. (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion of such Law or Regulation). 3.04 Amencling and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terns and conditions thereof by either a Change Order or a Work Change Directive, B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1, have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contactor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived fro►n such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted file data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party snakes no representations as to long tern compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. F,.TCDC C-700 Standnrd General Conditions of the Construdlon Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC, All rights reserved. 00700 - 11 Page 305 of 4 Agenda Item #21. LPP 4.02 Substoface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2, those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data; Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings 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; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Substu face or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2, is of such a nature as to require a change in the Contract Documents; or 3, differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in corunee- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review, After receipt of written notice as required by Paragraph 4.03,A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11,03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Titres if. a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Titres by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or EJCDC C-700 Staudard General Conditions of the Construction Contract. Copyright m 2002 Nutionnl Society of professional Engineers for EJCDC, All rights reserved. 00700 -12 Page 306 of 471 Agenda Item #21. c, Contractor failed to give the written notice as required by Paragraph 4.03.A. 3, If Owner and Contractor are unable to agree on entitlement to or oil the amount or extent, if any, of any adjustment in the Contract Price or Contract Tinies, or both, a Claim may be made therefor as provided in Paragraph 10,05, However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 UndengroundFacilftles A, Shown or Indicated. • 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 Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c, coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Under- ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences, An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment In Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner 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, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument 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 or property nionunients by professionally qualified personnel, 4.06 HazardousEnvironmental Condition at Site A. Reports and Dralpings; Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at (lie Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents, B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: EJCDC C-700 Standard General Conditions of the Construction Contract, Copyright ® 2002 National Society ofProfessional Engineers for I JCDC. All rights reserved. 00700 -13 Page 307 of 475 Agenda Item #21. I, the completeness of such reports and drawings 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; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3, any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Iazardous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Envh•onmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately; (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing), Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice; (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition; (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds P. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bolds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work tinder such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C-700 Standard General Conditions of the Construction ColltrAet. Copyright d 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -14 Page 308 of 47 Agenda Item #21. in Paragraph 13.07, whichever is Inter, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published In Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Depnrtment of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.013 and 5.02, 5.02 Licensed Sureties and Insurers A, All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates ofInsiawnce A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to he performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1, claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2, claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- nientary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; Work being performed and as will provide protection EJCDC C-700 Stnndord Gencrnl Conditions of the Construclion Contract. Copyright ©2002 Nntiunnl Society of Professionnl Engineers for MCDC. All rights reserved. 00700 - 15 Page 309 of 475 Agenda Item #21. 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13,07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims - made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter, 5.05 07 vner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise fi-om operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided In the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5, allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07, D. Owner shall not be responsible for purchasing and maintaining any property insurance specified hi this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C-700 Standard General Conditlons of the Construction Coulmet. Copyright Co 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -16 Page 310 of 47 Agenda Item #21. deductible amounts that are identified in the Supple- nncntary Conditions, The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each . other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to he listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) trader such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. Ii. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1, loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14,04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.073 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, 5.08 Receipt and Application oflnsurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.11. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5,09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of note -conformance with the Contract EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2002 Nntlonal Society of Professlonal Eagincers for EJCDC. All rights reserved. 00700 - 17 Page 311 of 475 Agenda Item #21. Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14,05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the properly insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision: and Superintendence A, Contractor shall supervise, inspect, and direct the Work competently 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 he solely responsible for the means, methods, techniques, sequences, and procedures of construction, Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents, B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and sliall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Malerials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assu►ne full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, l►cat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly ►tin to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. EJCDC C-700 Standard General Condtlions of the Construction Contract. Copyright ( 2002 National Society of Professlonal Engineers for 1 JCDC. All rights reserved. 00700 - is Page 312 of 47 Agenda Item #21. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12, Adjustments in Contract Tines may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, tlhe specification or description is intended to establish the type, fiuuction, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or -Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, In which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service, and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, mid 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items Et. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Fngineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -19 Page 313 of 4 Agenda Item #21. c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of ally license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified , and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Englneer's Evaluation, Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6,05.A and 6.05,13. Engineer may require Contractor to furnish additional data about the proposed substitute item, Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engurcer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to fiarrish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reintbursentent: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05,E Whether or not Engineer Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06,B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B, If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection hi the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued . No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute a waiver of any right of Owner or Engineer to reject defective Work. C, Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the 2. shall anything in the Contact Documents charges of Engineer for evaluating each such proposed create any obligation on the part of Owner or substitute. Contractor shall also reimburse Owner for the Engineer to pay or to see to the payment of any moneys charges of Engineer for making changes in the Contract due any such Subcontractor, Supplier, or other individual EJCDC C-700 Standard Generni Conditions or the Construction Contract. Copyright © 2002 Natlonal Society or Professional Engineers for E.YCDC. All rights reserved, 00700 - 20 Page 314 of 4 Agenda Item #21. or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate with Engineer through Contractor. P. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contactor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. G. Ali Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro- priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the 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 hi the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in (lie 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. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, Contractor shall obtain and pay for all constriction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for com►ections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applica- ble to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3,03, C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10,05. GJCDC C-700 Standard General Conditions of the Construction Contraet. Copyright © 2002 National Society of professionaI Engineers for EJCDC. A11 rights reserved. 00700 - 21 Page 315 of 4 Agenda Item #21. 6.10 'faxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Taws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip. ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting fi+om the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3, To the fidlest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the {Fork: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. D. Loading Structures: 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. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions 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: 1. all persons on the Site or who may be affected by the Work; 2, all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 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. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; 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 other 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. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work C. All damage, injury, or loss to any property and make it ready for utilization by Owner. At tine com- referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, pletion of the Work Contractor shall remove from the Site directly or indirectly, in whole or in part, by Contractor, all tools, appliances, construction equipment and any Subcontractor, Supplier, or any other individual or machinery, and surplus materials and shall restore to entity directly or indirectly employed by any of them to original condition all property not designated for perform any of the Work, or anyone for whose acts any of alteration by the Contract Documents, them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 22 Page 316 of 47 Agenda Item #21. ings or Specifications or to the acts or omissions of Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). D, Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07,E that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at (lie Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A, Contractor shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencles A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, Contractor 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 Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6,17 Shop D-mvings and Samples A, Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2,07). Each submittal will be identified as Engineer may require, 1, Shop Drawings a. Submit number of copies specified in the General Requirements, b, Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals , any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified; a, all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of constn►ction, and safety precautions and programs incident thereto; and d, shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents, 2, Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C-700 Standard General Conditions or the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 23 Page 317 of 4 Agenda Item #21. with respect to Contractor's review and approval of that submittal, 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contact Docu- ments. 2. Fngineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C,3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A, Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A, Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective, Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2, normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute, None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents; 1, observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3, the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4, use or occupancy of the Work or any part thereof by Owner; 5, any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6, any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6,20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 Nntlonnl Society of Professlonal Engineers for EJCDC. All rights reserved. 00700 - 24 Page 318 of 47 Agenda ll arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ - cc (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. due preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2, giving directions or instructions, or failing to give then, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services trust satisfy. D. Pursuant to this Paragraph 6,21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for tine adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work a1 Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in tine Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B, Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner B. If professional design services or and Owner, if Owner is performing other work with certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a materials or equipment are specifically required of reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or properly licensed professional, whose signature and seal otherwise make its several parts come together and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rlghts reserved. 00700 - 25 Page 319 of 475 Agenda Item #21. properly 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 Engineer and the others whose work will be affected, The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by Others hider this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as tit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi- tions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2, the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibili- ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination, 7.03 Legal Relationships A. Paragraphs 7,0l,A and 7,02 are not applicable for utilities not ender the control of Owner. B, Each other direct contract of Owner under Paragraph 7.01,A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer, 8.02 Replacement of Engineer A. In case. of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8,03 Furnish Data A. Owner shall promptly fin-nish the data required of Owner under the Contract Documents, 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and casements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying , and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, andslpprovals A, Owner's responsibility fir respect to certain inspections, tests, and approvals is set forth in Paragraph 13,03.B. EJCDC C-700 Standard General Conditions of the Constractlon Contract. Copyright 0 2002 Nnfionnl Society of Professional Engineers for L.tCDC. All rights reserved. 00700 - 26 Page 320 of 471 Agenda Item #21. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Taws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed hazardous Environmental Condition A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at inter- vals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been nnnde and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work $•om the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment , a Claim may be made therefor as provided in Paragraph 10.05, 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCAC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 27 Page 321 of 475 Agenda Item #21. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6,17, B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21, C, In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. in connection with Engineer's authority as to Applications for Payment, see Article 14, 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the 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 decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder, All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entities them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05, The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them, B, Engineer wilt not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the require- ments of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work C. Engineer's written decision on the issue referred will be final and binding on Owner and A, Without invalidating the Contract and without Contractor, subject to the provisions of Paragraph 10.05. notice to any surety, Owner may, at any time or from time to time, order additions,- deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive, under this Paragraph 9,08, Engineer will not show Upon receipt of any such document, Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC, All rights reserved, 00700 - 28 Page 322 of 47 Agenda Item #21. promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05, 10.02 Unaulhorvzed Changes in the Work A.Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Tines with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13,04.13. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in tile Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (li) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions 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 6.18.A. 10.04 Notification to Surety A. 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 Tinres) 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. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision, A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice; Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2, approve the Claim, or 3, notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10,05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) will be fural and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. EJCDC C-700 Standard General Conditions of the Construeflon Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 29 Page 323 of 4 Agenda Item #21. F. No Claim for an adjustment in Contract Price or Contract Times will he valid if not submitted in accordance with this Paragraph 10.05, ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A, Costs Inchrded: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, 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 11.0I.B. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. 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' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto, The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment fin•nished 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 Owner deposits funds with Contractor with which to make pay- ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 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. 5. Supplemental costs including the following; a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and inainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contactor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. returns from sale of surplus materials and equipment shall f. Losses and damages (and related expenses) accrue to Owner, and Contractor shall make provisions so caused by damage to the Work, not compensated that they may be obtained. by insurance or otherwise, sustained by Contractor in connection with the performance 3. Payments made by Contractor to of the Work (except losses and damages within Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance required by Owner, Contractor shall obtain competitive established in accordance with Paragraph bids from subcontractors acceptable to Owner and 5.06.11), provided such losses and damages have PJCDC C•700 Standard General Conditions of the Construction Contract. Copyright 0 2002 Nallonol Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 30 Page 324 of 47 Agenda Item #21. resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g, The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i, The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B, Costs Excluded' The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee, 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 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. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for 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. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs I LOLA and 1 LO1.B. C. Contractors Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined ns set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01,C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0 LA and 11.01.131, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. 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 performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer, B. Cash Allowances 1. Contractor agrees that: a, the cash 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 b. Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C, Contingency Allowance 1, Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. 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. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially tine Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement, EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 Natlonal Society of Professlonal Engineers for EJCDC. All rights reserved. 00700 - 31 Page 325 of 475 Agenda Item #21. B. 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. Detenninations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9,07, C. 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. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owirer believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT T11v1ES 12.01 Change of Contract PrIve A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include nn allowance for overhead and profit not necessarily in accordance with Paragraph 12.0I.C.2); or 3, where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.013.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0LA. 1 and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0I.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.0l.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs I1.O1.A.1 and I1.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0LA.4, I L0I.A.5, and 11.0LB; e, the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. 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 12.0I .C.2.a through 12.0l.C.2.e, inclusive. 12.02 Change of Contact Tones A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 Natlonal Society of Professional Englueers for EJCDC. All rights reserved. 00700 - 32 Page 326 of 47, Agenda Item #21. by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplat- ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B, If Owner, Engineer, or other contractors or utility owners perforating other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12,03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13, 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and fire Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable, 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except, 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.1) below; 2, that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.043 shall be. paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract Documents, C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor, and Engineer's acceptance of materials or equipment to EJCDC C-700 Standard General Conditions of the Construction Contrnct. Copyright © 2002 Notional Society of frofessional Engineers for EJCDC. All rights reseiryed. 00700 - 33 Page 327 of 475 Agenda Item #21. be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E 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. 13.04 Uncovering TFork A. If any Work is covered contrary to the written request of Fngineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. 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, 6mishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Orvner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the pail of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If witirhr one year after the date of Substantial Completion (or such longer period of time as may be prescribed 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, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions; 1, repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 34 Page 328 of 471 Agenda Item #21. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. 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 . D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13,07, the correction period hereunder with respect to such Work will be extended for all additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are In addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final. payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. 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 Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, nn appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, 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, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. hi exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner 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 posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in. exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of J,alues A. The Schedule of Values established as provid. ed in Paragraph 2,07.A will serve as the basis for progress EJCDC C-700 Standord General Conditions of the Construction Contract. Copyright m 2002 Notlonol Society of Professlowd Engineers for EJCDC, All rights reserved. 00700 - 35 Page 329 of 4 Agenda Item #21. payments and will be incorporated into a fomi of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied 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 Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3, The amount of retainage with respect to progress payments will he as stipulated in the Agreement. B, Review ofApplicalions 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a, the Work has progressed to the point indicat- ed; b, the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a fimctioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9,07, and to any other qualifications stated in the recommendation); and c, the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3, By recommending any such payment Engineer will not thereby be deemed to have represented that,. a. inspections matte to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed I nspections of the Work beyond the responsi- bilitics specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer; a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident tliereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.13.2, Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent MCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for T TCDC. All rights reserved, Page 330 of 47 Agenda Item #21. inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13,09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C, Payment Becomes Due t. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refirse to make payment of the fill amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.S.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the fill amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it Is subsequently determined that Owner's refusal of payment was not justified, the atnount wrongfidly withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor's Warranty of Title A. 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 Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor, C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen- dation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial EJCDC C-700 Staudard General Conditions of the Construction Contraet, Copyright V 2002 Natlowd Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 37 Page 331 of 475 Agenda Item #21. Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list, 14.05 Partial Utilization A, Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following condi- tions. 1. Owner at any time ►nay request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan- tially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that pant of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14,04 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. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A, Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineerwill promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, nrarked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d, complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of application and Acceptance 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Fngineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations PJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 Nationnl Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 38 Page 332 of 47k Agenda Item #21. under the Contract Documents have been fulfilled, Engineer will, within ten clays after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09, Otherwise, Engineer will return the Application for Payment to Contractor, indicat- ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and , will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been ftimished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Walver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations tinder the Contract Documents; and with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive 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 granted an adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminale for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure 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 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2, Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4, Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (arid surety ) seven days written notice of its intent to terminate the services of Contractor: 1. 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), 2, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and 2. a waiver of all Claims by Contractor against Owner other than those previously trade in accordance EJCDC C-700 Stnudnrd General Conditions of the Construction Conlrnet, Copyright O 2002 Nalionot Society of Professional Engineers for EJCDC. All rights reserved. Page 333 of 4 Agenda Item #21. 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02,13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner, Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15,023 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven clays of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 clays of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.023, and 15,02.C. 15,03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1, completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2, expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B, Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A, If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B, hi liett of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any suns filially determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15,04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in. Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be FJCDC C-700 Standard General Conditions of the Construc lion Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 40 Page 334 of 4T Agenda Item #21. governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement, The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph t0.05.E. B, Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request, The date of terinination of the mediation shall be determined by application of the mediation rules referenced above, C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS 17,01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if; 1. delivered in person to the individual or to a member of the fine or to an officer of the corporation for whom it is intended, or 2, delivered at or sent by registered or certified mail, postage prepaid, to the last business address ]mown to the giver of the notice. 17.02 Computation of Times A, When any period of time is referred to in the Contract DOCnnnents 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, 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto 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 Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. 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, 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of tine Contract or termination of the services of Contractor, 17.05 Controlling Lau, A. This Contract is to be governed by the law of the state in which the Project is located, 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard Gencral Conditions or the Conslructio►t CoutrAet Copyright m 2002 National Society of Professional Engineers for I~JCDC, All rights reserved, 00700 - 41 Page 335 of 4 Agenda Item #21. SUPPLEMENTARY CONDITIONS These Supplementary Conditions are provided to amplify, clarify, revise or amend the terms and conditions of the Instructions to Bidders, Proposal, Agreement, General Conditions, Specifications, and Drawings for this particular project. Please refer to the specific page, paragraph, section and/or article noted. Bidders are encouraged to read the following conditions carefully. Failure to comply with these conditions may cause bid to be declared non -responsive. A. INSTRUCTIONS TO BIDDERS: ARTICLE 3, PARAGRAPH 3.1 Evidence of financial data may include but is not limited to CPA prepared Income statements and balance sheets. Each Proposer must be authorized to do business in the State of Florida and, if a corporation, must be incorporated under the laws of one of the States of the United States, proof of same must be provided. ARTICLE 11, PARAGRAPH 11.1 Contractor shall provide with his/her bid a list of all major (performing 20% or more of the work) subcontractors who will be performing work under this contract. The list shall identify the subcontractor's name, point of contact, contact information, at least four references of similar projects in scope and size completed within the past five years, project manager and field superintendent's names and experience in performing work of similar scope and magnitude. Owner reserves the right to request additional information from the Bidder for subcontractors listed and those not listed in the bid. ARTICLE 18, PARAGRAPH 18.3 Qualifications of subcontractors, suppliers, or other persons proposed to perform work or furnish equipment or materials under this contract may be required to be submitted with the Bid or submitted after bids are received as requested by the Owner. Qualifications may consist of evidence of licensure, evidence of years of experience of specific personnel with the current firm and/or previous firms, reference contact information for the firm or specific personnel, written evidence of work performance by the firm and/or individuals on previous similar jobs, and any other additional information requested by Owner. Failure of Bidder to produce requested qualification information within seven days of request by Owner will result in the Bid being deemed non- responsive. A poor reference, poor performance or a poor evaluation of a subcontractor/supplier is grounds for disqualification of that subcontractor/supplier and Owner can request Bidder to provide an alternate subcontractor/supplier for consideration at no additional cost to the Contract. W 18-31 SC -1- Page 336 of 475 Agenda Item #21. PROPOSAL: PAGE 17 — SUBCONTRACTOR QUALIFICATION REQUIREMENTS If the Bidder proposes to use Subcontractors for major portions (20% or more) of the work, the bidder shall provide the name address, qualifications and license of their proposed Subcontractor on separate sheets. Per the bold note at the bottom of page 17: "Copy this form and attach additional pages as needed. Provide two (2) similar projects for major subcontractors." B. GENERAL CONDITIONS: The following Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC C-700, 2002 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. ARTICLE 1 - DEFINITIONS - Page 6 SC-1. The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract (EJCDC C-700, 2002 Edition) have the meanings assigned to them in the General Conditions. ARTICLE 2 - COPIES OF DOCUMENTS (2.02) Replace the words "up to ten" with the word "two". Add the following sentence. "Owner shall furnish to Contractor one compact disc (CD) containing electronic copies of the Drawings and Project Manual. ARTICLE 2 - PRELIMINARY MATTERS (2.03) Replace the word "sixtieth" with word "ninetieth". ARTICLE 2 - PRELIMINARY MATTERS (2.07) Replace "Engineer" with "Owner". ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE (3.01c, 3.03 a&b, 3.04b Replace "Engineer" with "Owner" in paragraphs 3.01 C, 3.03 A&B and 3.04B W 18-31 SC -2- Page 337 of 475 Agenda Item #21. ARTICLE 5 - BONDS AND INSURANCE - Page1__5 SC-5.04. Add the new paragraphs immediately after paragraph 5.04 as 5.04C of the General Conditions. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by law: 1. (1) Bodily Injury: $1,000,000 Each Occurrence $1,000,000 Annual Aggregate, Products and Completed Operations (2) Property Damage: $1,000,000 Each Occurrence $1,000,000 Annual Aggregate (3) (4) Property Damage Liability Insurance will provide Explosion, Collapse and Underground coverages where applicable. Personal Injury, with employment exclusion deleted $1,000,000 Annual Aggregate Comprehensive Automobile Liability: (1) Bodily Injury: $1,000,000 $1,000,000 (2) Property Damage: $1,000,000 Each Person Each Accident Each Occurrence 2. The Town of Jupiter, Florida shall be included as a named insured party under the Contractors Insurance policies referenced herein above. The following paragraph is required to appear unaltered on the Certificate of Insurance: "The Town of Jupiter, Florida is hereby named Additional Insured under the terms of this policy and shall be provided any Notice of Cancellation of any of the above referenced policies." A thirty (30) day Notice of Cancellation is required and must be stated on the Certificate of Insurance. The Certificate of Insurance shall be issued to the Town of Jupiter, Florida at the following address: Town of Jupiter Attn: Amanda Z. Barnes, P.E. 210 Military Trail W 18-31 SC -3- Page 338 of 475 Agenda Item #21. Jupiter, Florida 33458 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES (6.17) Replace Engineer with Owner ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES f6.20i Amend the following paragraphs by replacing them with the revised language below. SC-6.20 A To the fullest extent permitted by Laws and Regulations, the Parties agree that in consideration of $100.00 and other specific consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall indemnify, defend and hold harmless the OWNER and their consultants, agents, officers, employees, and the appointed and elected officials of the Owner, from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professional and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there from and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is implied by Law and Regulations regardless of the negligence of any such party. SC-6.20 B In any and all claims against OWNER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20 shall not be limited in any way, by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. SC-6.20 C The obligation of CONTRACTOR under paragraph 6.20 shall not extend to the liability of ENGINEER, ENGINEER'S consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. SC-6.20 D A monetary limitation on the extent of this indemnification is hereby imposed. The amount of this indemnification shall extend up to but shall not exceed the amounts or limits of the insurance coverage required by CONTRACTOR by the project specifications or bid documents, except that in the event the CONTRACTOR purchase insurance covering the liability with limits in excess of the said required limits, the W18-31 SC -4- Page 339 of 475 Agenda Item #21. CONTRACTOR'S indemnity obligation shall extend up to but shall not exceed the limits of that insurance. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION (9.01 - 9.09) SC-9.01 A Owner's Representative The OWNER will administer the Contract during the construction phase. The Engineer will have a limited role during construction as determined by the Owner. The paragraphs in all articles of the General Conditions may or may not apply to the Engineers role during construction. ARTICLE 10 - CHANGES IN THE WORK• CLAIMS 10.03 & 10.05 Replace "Engineer" with "Owner". ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.02 Replace "Engineer" with "Owner". ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.03 - Test and Inspections, Paragraph A Add the words "Owner or" before Engineer in the first sentence. 13.04 - Uncovering Work Add the words "Owner or" before Engineer 13.06 - Correction or Removal of Defective Work Add the words "Owner or" before Engineer. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION Delete "Engineer" and replace with "Owner" in the following locations: 14.01 14.02.A 14.02.B.1 14,02.BA 14.02.13.5 ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION (14.02.B.2) Replace the existing Paragraph 14.02.13.2 with the following Paragraph SC-14.02.B.2. SC-14.02.13.2 W 18-31 Sc -5- Page 340 of 475 Agenda Item #21. 2. Owner's recommendation of any payment requested in an Application for Payment will constitute a representation by Owner that to the best of the Owner's knowledge, information and belief. - ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.02.B.3 Add the words "Owner or" before "Engineer'. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION (14.02.C.1) Delete "Ten" and replace with "Thirty". Delete "with Engineer's recommendation". LE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION (14.02.113.1 Delete "recommended by Engineer". Add the following Paragraph 14.02.D.1.e after Paragraph 14.02.D.1.d. SC-14.02.D.1.e e. there are pending liquidated damages. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION (14.02.D.2) Delete "recommended by Engineer". ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION (14.04.A) Delete "and Engineer". Delete "Engineer" and replace with "Owner". ARTICLE 14 -- PAYMENTS TO CONTRACTOR AND COMPLETION (14.04.113) Delete "Engineer" and replace with "Owner". ARTICLE 14 -- PAYMENTS TO CONTRACTOR AND COMPLETION L14.04.0 Add the words "Owner or" before "Engineer". ARTICLE 14 PAYMENTS TO CONTRACTOR AND COMPLETION (14.04.D) Delete "Engineer" and replace with "Owner". Delete "Owner and" in 1$f occurrence of Vt sentence. W 18-31 SC -6- Page 341 of 475 Agenda Item #21. Delete "aforesaid" in last sentence. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.06.A Delete "Engineer" and replace with "Owner". ARTICLE 14 -- PAYMENTS TO CONTRACTOR AND COMPLETION (14.07.A.1) Add the words "Owner or" before "Engineer". ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETI.ON 14.07.13 Replace the existing Paragraph 14.07.13 with the following Paragraph SC--14.07.13. SC-14.07. B B. Owner or Engineer's Review of Application and Acceptance 1. If, on the basis of Owner or Engineer's observation of the Work during construction and final inspection, and Owner's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Owner or Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Owner will give written notice to Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Owner will return the Application . for Payment to Contractor, indicating in writing the reasons for refusing to -recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION (14.07.C.1) Delete "Engineer" and replace with "Owner". Delete "against Engineer's recommendation". ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION (1.4.08) Delete "Engineer" and replace with "Owner". Delete "and if Engineer so confirms". Delete "and recommendation of Engineer". ARTICLE 1S — SUSPENSION OF WORK AND TERMINATION (15.01.A) Delete "and Engineer". W18-31 SC -7- Page 342 of 475 Agenda Item #21. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION (15.04.A} Delete Vt occurrence of "Engineer" and replace with "Owner". Delete "and Engineer". Delete "or Engineer". ARTICLE 15 -- SUSPENSION OF WORK AND TERMINATION (15.04.B Delete "Engineer" and replace with "Owner". Delete "and Engineer". ARTICLE 17 — MISCELLANEOUS (17.07) Add the following supplementary condition: "17.07 Provisions Governing State of Florida Sale and Use Tax Exemption for Owner Furnished Materials" A. Sales and Use Taxes. The Owner is exempt from paying sales and use taxes on materials and equipment purchased for, and incorporated into this Public Works Contract (hereinafter the "Project") in accordance with Florida Statute 12A-1.094. The Owner shall make direct purchases of all materials and equipment purchased for, or to .be. incorporated into the Project, as agreed upon between the Contractor and the Owner. All direct purchases of materials and equipment shall be made by the Owner with funds specifically allocated for construction'of the Project. The Contractor shall provide the Owner with a proposed deductive change order no later than 10 calendar days after request by Owner for materials and equipment to be purchased by the Owner for the Project. The proposed deductive change order shall include the costs of the materials to be purchased by the Owner including sales tax. The Town of Jupiter Purchase Order Standard Terms and Conditions, Certificate of Entitlement and Construction Contract Documents (plans and specifications) and requirements shall apply to work performed under this program. Each vendor/supplier of equipment under this Sales Tax Recovery Program shall be obligated to meet the requirements of the Town of Jupiter Construction Contract Documents and State Law (F.S. 12A--1.094). The Contractor shall: (a) compile Contractor's and any Subcontractors' itemized requirement for materials and equipment, including quantities, unit costs, manufacturers' or vendors' catalogue or order numbers, delivery instructions, and other specific information that is required to order the specific materials and equipment, and terms and conditions to be imposed on suppliers regarding delivery and submittal time requirements, and quantities thereof required by Contractor or Subcontractors in accordance with the applicable requirements of the Construction Contract, from time to time, during the construction of the Project, as materials and equipment need to be ordered for the Project, and submit such compilation to the Owner's designated representative: (b) prepare a requisition for such materials and equipment and (c) deliver any such requisition to the owner's designated representative no less than thirty W18-31 SC -8- Page 343 of 475 Agenda Item #21. (30) days prior to the date the manufacturer or vendor of the materials or equipment, as the case may be, requires orders for such materials or equipment to be placed to assure delivery of such materials or equipment to the Site in accordance with the Project Schedule (the "Order Date"). The requisitions shall identify the Order Date. Upon receipt of any such requisition the Owner's designated representative shall forward same to the Owner. The Owner shall issue a Purchase Order directly to the vendor of the materials or equipment, prior to the Owner Date (a Purchase Owner). The Owner shall include with any such Purchase Order, a copy of the owner's sales and use tax exemption certificate, a Certificate of Entitlement and the order requisition prepared by the Contractor. The Owner shall also provide the Contractor with a Certificate of Entitlement for each vendor from which materials or equipment is purchased under this program. The vendor shall issue the invoice directly to the Owner. The owner shall make direct payment to the vendor. 2. The Contractor, upon the delivery of any such materials or equipment, shall verify the conformity of such materials or equipment with the terms of the Purchase Order and the Contract Documents. If the Contractor determines that the materials and equipment are conforming, the Owner shall take title and possession of such material and equipment before such materials and equipment are incorporated into the Project. If the Contractor determines that the materials and equipment are non -conforming, the Contractor shall immediately notify the Owner in writing and the Owner shall reject such material and equipment. 3. The Owner shall assume all risk of loss on all materials and equipment purchased pursuant to its sales and use tax exemption. 4. To .the extent that materials and equipment are purchased pursuant to the Owner's sales and use tax exemption, the Contractor shall reduce the Contractor Amount and the penal sum of its public construction bond by 1.06, or the applicable sales and use tax at the time, times the cost of the materials and equipment purchased directly by the Owner. 5. The Contractor shall be fully responsible for all matters relating to the receipt of materials and equipment furnished by the Owner in accordance with this Special Condition, including, but not limited to, the responsibility for verifying correct quantities, verifying documents or orders in a timely manner, coordinating purchases, providing and obtaining all warranties and guarantees required by the Contract Documents, inspection and acceptance of the materials and equipment at the time of delivery, and loss or damage to materials and equipment following acceptance of items due to the negligence of such Contractor or any Subcontractors. The Contractor shall coordinate delivery schedules, sequence of delivery, loading orientation, and other arrangements normally required by such Contractor for the particular materials furnished. The Contractor shall provide or arrange for all services required for the unloading, handling and storage of such materials and equipment through installation. 6. The Contractor shall visually inspect all shipments from material and equipment vendors purchased directly by the Owner in accordance with this Special Condition (the "Owner Furnished Materials") and approve the vendors' invoices for materials or equipment delivered, as Owner -Furnished Materials are furnished to the Site in accordance with W 18-31 SC -9- Page 344 of 475 Agenda Item #21. this Special Condition. The Contractor shall assure that each delivery of Owner Furnished Materials is accomplished by documentation adequate to identify the Purchase Order against which the purchase is made. This documentation may consist of a delivery ticket and an invoice from the vendor conforming to the Purchase Order, together with such additional information as the Owner may require. The Contractor shall deliver to the Owner's designated representative all invoices for materials and equipment upon verification by such Contractor that the materials and equipment conform exactly to the Contract Documents and the Purchase Order. Upon receipt of any invoice for Owner Furnished Materials, the Owner's designated representative shall deliver such invoice to the Owner for payment directly to the Vendor. 7. The Contractor shall inspect all Owner Furnished Materials to determine that such Owner Furnished Materials conform to the Contract Documents, including the Drawings and the Specifications, and to determine prior to incorporation into the work whether such Owner Furnished Materials are patently defective, and whether such Owner Furnished Materials are identical to the materials ordered and match the description of the bill of lading and the Purchase Order. If Contractor discovers defective or non- conforming Owner Furnished Materials upon such visual inspection, Contractor shall: (a) not recommend acceptance of such non -conforming materials and equipment, (b) not utilize such non -conforming or defective materials in the work: (c) not allow Subcontractor to utilize such non -conforming or defective materials in the work; and (d) promptly notify the Owner's designated representative, in writing, of the defective or non -conforming condition so that repair or replacement of those Owner Furnished Materials can occur without any undue delay or interruption to the Project. In the event that such Contractor fails to perform such inspection or otherwise incorporates into the work such defective or non -conforming materials, the Contractor shall be responsible for the repair and replacement of defective or non -conforming materials, at its sole cost and expense. 8. The Contractor shall maintain records of all Owner Furnished Materials incorporated into the work from the stock of Owner Furnished Materials. The Contractor shall account monthly to the Owner's designated representative and Owner for any Owner Furnished Materials delivered to the site, indicating which Owner Furnished Materials have been incorporated into the work. 9. The Contractor shall be responsible for obtaining and managing all warranties and guarantees for all Owner Furnished Materials. All repair, maintenance or damage - repair calls shall be forwarded by the Owner to the Contractor for resolution with the appropriate vendor or Subcontractor through the warranty period. 10.After the Owner takes possession of the Owner Furnished Materials at the site, possession of the Owner shall immediately and automatically transfer to the Contractor without notice. The transfer of possession of Owner Furnished Materials from the Owner to the Contractor shall constitute a bailment for the mutual benefit of the Owner and such Contractor. The Owner shall be considered the bailor and the Contractor the bailee of the Owner Furnished materials. Owner Furnished Materials shall be considered returned to the Owner for purposes of their bailment at such time as they are incorporated into the Project or consumed in the process of completing the Project. W 18-31 SC -10- Page 345 of 475 Agenda Item #21. 11.The Contractor shall purchase and maintain builder's risk insurance, naming the Owner as an additional insured, sufficient to protect against loss of or damage to Owner Furnished Materials. Such insurance shall be in the amount stated elsewhere in the Contract and shall cover the full value of any Owner Furnished Materials between the time the Owner first takes title to and possession of any of such Owner Furnished Materials until final completion of the work." 12. The Owner shall not be liable for any interruption or delay damages in the project by virtue of ordering the Owner Furnished Materials, for any defects or other problems with the project by virtue of ordering the Owner Furnished Materials, or for any extra costs resulting from any delay in the delivery of, or defects in, the Owner Furnished Materials. 13.The Contractor, on a monthly basis, shall review invoices submitted by all vendors of Owner Furnished Materials delivered to the site during the prior month and either concur or object to the Owner's Issuance of payment to the vendors, based upon such Contractor's records of materials delivered to the site and whether any of the Owner Furnished Materials for which payment has not been made were either non -conforming or defective. 14. In order to arrange for the prompt payment to the vendor, the Contractor shall provide to the Owner's designated representative a list of the acceptance of the goods or materials within fifteen (15) days of receipt of said goods or materials. Accompanying the list shall be a copy of the applicable purchase order, invoices, delivery tickets, written acceptance of the delivered items, and such other documentation as may be reasonably required by the Owner: Upon receipt of the appropriate documentation, the Owner shall process vendor's invoice for payment directly to vendor by electronic funds transfer (EFT) based upon the receipt of data provided.. The Contractor shall assist the Owner to immediately obtain partial or final release of waivers as appropriate. The Owner shall not make any payment without the appropriate Contractor's concurrence and approval. Owner shall hold up to 10% retention on Owner Furnished Materials against the Vendor, for equipment requiring operational and start-up testing. Owner shall release retention upon successful start-up and operational testing of the equipment as agreed to between the Owner, Contractor and Vendor. Owner may hold up to 2% retention until vendor record drawings and operation and maintenance manuals are accepted by the Contractor and Owner. 15.The Contractor may, in its reasonable discretion, require certain material and equipment vendors to provide a supply bond in the amount of one -hundred percent (100%) of the purchase order price. The supply bond, if required, shall be issued by a qualified surety company authorized to do business in the State of Florida and acceptable to the Owner. If the supply bond is required, the costs thereof will be added to the amount of the purchase order. The Contractor shall verify that a vendor can furnish a supply bond. All bonds will name the Owner and the Contractor as additional obliges. To the extent that materials and equipment are purchased pursuant to the Owner's sales and use tax exemption, the Contractor shall reduce the Contract Amount and the penal sum of its public construction bond by 1.06, or the applicable sales and use tax at the time, times the cost of the materials and equipment purchased directly by the Owner. W 18-31 SC - 11 Page 346 of 475 Agenda Item #21. 16.The Contractor is advised that the following list of equipment may be included under the sales and use tax exemption program for Owner furnished equipment. This list is provided to the Contractor for informational purposed only. The Owner reserves the right to revise the quantity of Owner furnished equipment by deleting equipment listed or including equipment not listed herein. Contractor may make suggestions to Owner as to other components of the project that may be Owner purchased under this program for this project. • Automatic Flushing Devices • Pipe • Fittings • Structures • Valves • Hydrants B. Purchase Order Standard Terms and Conditions for the Town of Jupiter. These terms and conditions shall be issued with the Owner's Purchase Order to the Vendor and shall apply to materials and equipment supplied under the Sales Tax and Use Exemption Program. PURCHASE ORDER STANDARD TERMS AND CONDITIONS FOR TOWN OF JUPITER UTILITIES 1.) Purchase Order number must show on all invoices, shipments, correspondence, and any other documents related to the purchase order. 2) Invoices shall be submitted in triplicate. If a partial shipment is made, so state this on the invoice. Also state whether the invoice is final or complete. 3) This purchase order is subject to the approval of 6 copies of submitted data prior to fabrication and shipment. 4) Vendor's final invoice will not be honored until receipt of 3 final copies of operation and maintenance instructions, the Contract Documents, spare parts lists, and record drawings, if applicable. 5) All material and equipment furnished hereunder shall be in strict compliance with plans, specifications, and general conditions of the Contract between (Contractor) and (Purchaser) the Town of Jupiter Utilities (Owner) entitled " " (name of contractor) and I or with any other contractor, in connection with the job for which these items are furnished, and vendor shall be bound thereby in the performance of this contract. Vendor expressly warrants that all material and equipment covered by this purchase order shall produce capacities or meet design specifications and function as called for in the applicable plans and specifications, or as set forth in the text of this order. 6) All material and equipment contemplated under this order shall be subject to the approval of the Purchaser and the Owner, and 1 or his Architects, Engineers, or other parties designated by the Owner. All materials and equipment, actually furnished under this order, shall be subject to Purchaser's inspection and testing to determine compliance with the requirements of this order. Vendor shall furnish the indicated number of submittal data or samples for said approval. 7) Owner shall issue to Vendor and Contractor with this purchase order a completed and signed Certificate of Entitlement. A copy of Owner's Florida Consumer's Certificate of Exemption shall accompany the purchase order issued directly to the Vendor. W 18-31 SC -12- Page 347 of 475 Agenda Item #21. 8) Vendor guarantees against defects in material or workmanship all items covered by this purchase order and will repair or replace, freight prepaid to jobsite without cost to purchaser or Owner, any part found to be defective in material or workmanship within that time provided by the Contract Documents as indicated, or one year from date of initial operation or 18 months from date of shipment, whichever is longer. On any part found to be defective at jobsite prior to initial startup seller shall make repairs or replacement with his own forces, or reimburse Contractor for necessary labor. Defective parts will be returned freight collect only upon written request and instructions from the vendor. In the event more than one person or entity is listed on the front side of this purchase order as Vendor or is identified as an agent, that person or entity shall also be fully liable on and responsible for the performance of all of the Vendor's obligations under this purchase order. Initial Operation shall be when the materials or equipment are placed into service for use by Owner. 9) Notice to Purchaser of all shipments of equipment and 1 or materials shall be given immediately, noting date, routing, order number, description, and copy of bill of lading. Ultimate delivery of equipment requiring rigging shall be made by suitable vehicle. Equipment and 1 or materials in transit shall be adequately protected from the elements. The materials and equipment covered by this order shall remain the property of the Vendor until actually received at the destination by the Purchaser and Owner. Payment for goods damaged in transit, regardless of how shipped, will be withheld until repairs or replacement are made and claim against transportation company is resolved. 10) Cancellation of all or any part of this order to be effected at no cost to Contractor or Owner for failure of the Vendor to: a) Secure written approval of submittal data by approving authority or purchaser. b) Furnish any portion of this order within specified time limits. 11) In the event the contract price or prices and terms set forth herein, including any changes that may be made therein, violate an applicable schedule, regulation or order here before or hereafter issued by an approved Government Agency, the contract price or prices shall be the maximum prices permitted by, and the terms shall be in accordance with such schedule, regulations or order. All prices listed on the front side of this order are firm for duration of the project and no escalation will be allowed. Vendor shall not assign this purchase order without the written consent of Purchaser and Owner; except however, Vendor assigns to Purchaser all of Vendor's right and interest in any payments due or to become due to Vendor under this purchase order as security for the payment and satisfaction of any sums due Purchaser or to become due to Purchaser under this or any other purchase order, contract or agreement between Vendor and Purchaser or debt due Purchaser for which Vendor may be liable to Purchaser. 12) The Vendor hereby agrees to indemnify, defend and hold harmless the Purchaser and Owner, and their officers, agents, employees and designees from and against all claims, liability, damages, losses, costs, or expenses whatsoever (including without limitation all attorney's fee, cost and expenses) arising out of or in connection with this Purchase Order and the materials, goods, or services provided by Vendor including without limitation those attributable to bodily injury or death, property damage or destruction, or by reason of any action or alleged infringement or letters patent or any litigation based thereon covering any article purchased hereunder. Such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the parties indemnified hereunder. Vendor's indemnification is limited to the extent of insurance coverage maintained by Vendor, or One Million Dollars ($1,000,000), whichever is greater. [NOTE: If this Purchase Order is in connection with a public agency's project, then Vendor's indemnity obligations are limited to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Vendor and persons employed or utilized by Vendor in the performance of the Purchase Order.) 13) Vendor shall furnish all necessary releases, lien waivers, affidavits, or other documents, all as required by the Contract Documents and 1 or to keep the Owner's premises free from liens or claims arising out of the furnishing of materials or equipment herein, as payments are made from time to time under this order. 14) Any acceptance in a manner or on terms and conditions different from those contained in this order shall not operate as an acceptance. This order, when accepted by the Vendor, shall constitute a W18-31 SC - 13 - Page 348 of 475 Agenda Item #21. valid and binding contract which shall be governed by and construed according to the laws of the State of Florida. All prior options, conversations, or preliminary negotiations shall be deemed to be merged in this order. 15) The above conditions and conditions printed or typed on front of side of this order, can only be changed by written authorization of the Contractor and the Owner, and are not to be abridged by any terms or conditions of sale printed on Vendor's quotation, acknowledgement, invoice, or other like form. The terms and conditions contained in this order shall be binding upon Vendor unless it objects in writing within 10 days of receipt this order. C. Certificate of Entitlement. Certificate of Entitlement will be issued to the Vendor and Contractor for each purchase order issued by Owner for the procurement of materials and supplies to be incorporated into this Contract. The Certificate of Entitlement shall be in the following format. CERTIFICATE OF ENTITLEMENT The undersigned authorized representative of (hereinafter "Governmental Entity"), Florida Consumer's Certificate of Exemption Number , affirms that the tangible personal property purchased pursuant to Purchase Order Number from (Vendor) on or after (date) will be incorporated into or become a part of a public facility as part of a public works contract pursuant to contract # with (Name of Contractor) for the construction of Governmental Entity affirms that the purchase of the tangible personal property contained in the attached Purchase Order meets the following exemption requirements contained in Section 212.08(6), F.S., and Rule 12AA.094, F.A.C.: You must initial each of the following requirements. 1.. The attached Purchase Order is issued directly to the vendor supplying the tangible personal property the Contractor will use in the identified public works. 2. The vendor's invoice will be issued directly to Governmental Entity. 3. Payment of the vendor's invoice will be made directly by Governmental Entity to the vendor from public funds. 4. Governmental Entity will take title to the tangible personal property from the vendor at the time of purchase or of delivery by the vendor. 5. Governmental Entity assumes the risk of damage or loss at the time of purchase or delivery by the vendor. Governmental Entity affirms that if the tangible personal property identified in the attached Purchase Order does not qualify for the exemption provided in Section 212.08(6), F.S., and Rule 12A-1.094, F.A.C., Governmental Entity will be subject to the tax, interest, and penalties due on the tangible personal property purchased. If the Florida Department of Revenue determines that the tangible personal property purchased tax-exempt by issuing this Certificate does not qualify for the exemption, Governmental Entity will be liable for any tax, penalty, and interest determined to be due. I understand that if I fraudulently issue this certificate to evade the payment of sales tax I will be liable for payment of the sales tax plus a penalty of 200% of the tax and may be subject to conviction of a third degree felony. Under the penalties of perjury, I declare that I have read the foregoing Certificate of Entitlement and the facts stated in it are true. W18-31 SC -14- Page 349 of 475 Agenda Item #21. Signature of Authorized Representative Title Purchaser's Name (Print or Type) Date Federal Employer Identification dumber: Telephone Number: You must attach a copy of the Purchase Order to this Certificate of Entitlement. Do not send to the Florida Department of Revenue. This Certificate of Entitlement must be retained in the vendor's and the contractor's books and records. END OF SUPPLEMENTAL CONDTIONS W18-31 SC -15 - Page 350 of 475 Agenda Item #21. Page 351 of 475 Agenda Item #21. SECTION 01010 SUMMARY OF WORK PARTI-GENERAL 1.01 GENERAL A. The purpose and intent of this contract is to establish an hourly priced contract for the provision of crews with equipment to be used by Town of Jupiter Utilities Department to perform miscellaneous utility infrastructure maintenance, repairs, and or improvements through the issuance of specific Work Orders. Crews and equipment shall be available on an "as needed" basis with no guarantee by the Town of the amount of usage. B. For all non -emergency work orders Contractor will be required to submit a materials list with pricing, including restoration, prior to the issuance of the Town's work order. If subcontractor(s) are required to complete a portion of the Work, Contractor shall provide up to three written price proposals for the proposed subcontractor work. The Town will direct purchase materials from the lowest vendor. Contractor is responsible for obtaining permits, coordinating material deliveries, transporting materials to the project site if needed, construction schedule, maintenance of traffic, and all other permits and incidentals required to complete the Work. C. For emergency work order Contractor will be required to submit to the Town an estimated price proposal for the emergency repair, including labor, equipment, materials, and restoration to the extent practical for Town's issuance of a work order. Contractor will be responsible for the purchase of the materials, material deliveries, construction schedule, and all other incidentals required to complete the Work. Upon completion of the emergency repair Contractor shall provide Town with a detailed invoice of labor, materials and equipment required to complete the Work. D. Normal work hours under this Contract are Monday -Friday, 7:00am - S:OOpm. Work requiring inspection by Town representatives shall be scheduled to occur between 8:OOam -- 4:00pm. No work will be permitted on weekends, Town observed holidays, or outside of normal work hours without written approval by Owner. Contractor must request in writing, from Owner, permission to work outside of normal work hours at least one week in advance. W18-31 01010-1 Page 352 of 475 Agenda Item #21. WORK COVERED BY THESE CONTRACT DOCUMENTS A. Furnish all labor and equipment to perform miscellaneous utility infrastructure maintenance, repairs, and/or improvements as requested by the Town. B. Prior to construction, the Contractor shall identify existing utilities. Contractor will be responsible for the coordination of work with the utility owners identified to have existing utilities in or near the work area. C. Maintenance of Traffic (MOT) is the responsibility of the Contractor. Contractor shall submit MOT plans for Owner's review prior to submitting them to the appropriate regulatory agency for approval. MOT costs shall be included in the Contractor's price proposal to Owner for Work Order. D. No guarantee is expressed or implied as to the total range and/or quantity of bid items to be issued in Work Orders under this contract. Estimated quantities will be used for bid comparison only. The Owner reserves the right to issue Work Orders as and when required for proposed work. Owner does not guarantee any value of work under this Contract. E. Contractor's Duties: Contractor shall be a Florida licensed Underground Utility and Excavation Contractor. Equipment operators must be fully licensed, as applicable, and competent in the use of the assigned equipment. Failure to comply with any of these requirements is sufficient cause to terminate contract because of default by the Contractor. The Contractor will be responsible for repairs and maintenance of its equipment. The equipment will be operated by the Contractor and kept in good working condition, including all grease, oil, parts and fuel as necessary. Contractor's equipment deemed defective by the Town of Jupiter representative shall be promptly removed from the site. Personnel employed either directly or indirectly by the Contractor, who are deemed to be incompetent, inept or unfit to perform the work in the opinion of the Town of Jupiter Project representative, shall be promptly removed from the project under this Contract, and such personnel shall not again be assigned to work on the project. Failure of the Contractor to be prompt in replacing defective equipment or incompetent personnel may result in the termination of this Contract. F. Contractor shall familiarize himself with and perform the work contemplated by this Contract in accordance with the Town of Jupiter Utilities and Engineering/Public Works construction standards and details which are available on the Town's website. (www.jupiter.fl.us) W18-31 01010-2 Page 353 of 475 Agenda Item #21. 1.02 CONTRACTS A. Construct the Work under a Unit Price contract. B. Subcontractors (when used) shall work directly for the Contractor. 1.03 WORK BY OTHERS AND FUTURE WORK A. Contractor's attention is directed to the fact that work may be conducted at the various sites by other contractors during the performance of the Work under this Contract. The Contractor shall conduct its operations so as to minimize interference with the work of other contractors, and shall cooperate fully with other contractors to provide safe access to their respective portions of the site(s), and to enable work to proceed without delay. B. Contractor shall cooperate with all utility forces of the Owner or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities which interfere with the progress of the Work, and shall schedule the Work so as to minimize interference with said relocation, altering, or other rearranging of facilities. 1.04 FIELD LAYOUT OF WORK All.work under this Contract shall be constructed in accordance with the information shown herein, on the drawings and/or sketches of each Work Order or as modified by the Owner/Engineer. Elevations of existing ground, structures, and appurtenances are believed to be reasonably correct but are not guaranteed to be absolute and therefore are presented only as an approximation. Any error or apparent discrepancy in the data shown or omissions of data required for accurately accomplishing the stake out survey shall be referred immediately to the Owner/Engineer for interpretation or correction. 1.05 CONTRACTOR RESPONSIBILITIES A. Contractor's Responsibilities- 1. Review and incorporate Owner -reviewed shop drawings, product data, and samples into the construction of the project. 2. Demolish, haul and dispose of in a legal manner all materials scheduled for demolition. Contractor shall test all structures to be demolished to verify the presence or absence of lead. Demolition of structures containing lead shall be done in strict accordance with OSHA's Lead Standard, "Lead in Construction" (OSHA 3142). Contractor is responsible for the development and implementation of a worker protection program in accordance with Title 29 Code of W18-31 01010-3 Page 354 of 475 Agenda Item #21. Federal Regulations (CFR), Part 1926.62. 3. Receive and unload products at site; inspect for completeness or damage jointly with Owner. 4. Repair or replace items damaged after receipt. 5. Arrange for product delivery to site. 6. Handle, store, protect and install all delivered products. 7. Submit claims for transportation damage and replace damaged, defective, or deficient items. 8. Arrange for manufacturers' warranties, inspections, and service. 9. Provide the Owner with a one-year warranty on all equipment and workmanship from the date of substantial completion of each work order. 10. Perform an asbestos survey prior to demolition activities. 11. Prepare and submit a Notice of Demolition or Asbestos Renovation (FDEP Form 62-257.900(1)) to the Palm Beach County Health Department (when applicable) demolition activities and prior to removal of asbestos cement (AC) pipe under this Contract. 12. Remove and dispose of AC pipe in a legally and acceptable manner. 1.06 CONTRACTOR'S USE OF THE PREMISES A. Contractor shall limit use of the premises for Work and storage to allow for: 1. Work by other Contractors 2. Owner occupancy 3. Public use B. Contractor shall be responsible for maintenance of traffic/traffic control during the performance of Work in accordance with permits and regulatory agencies in the jurisdiction of the project(s). C. Coordinate use of premises with Owner and/or Engineer. D. Assume full responsibility for the protection and safekeeping of products under this Contract, stored on the site. E. Move any stored products, under Contractor's control, which interfere with operations of the Owner, other Contractors, or the general public. F. Obtain and pay for the use of additional storage or work areas needed for operations. W18-31 01010-4 Page 355 of 475 Agenda Item #21. 1.07 PERMITS REQUIRED A. Owner will pay permit fees directly to the regulatory agencies, unless stated otherwise below. B. Owner will obtain required right of way permits as needed for individual work orders, with the exception of the Town of Jupiter Engineering/Utility permit (TOJEIUP). Owner will pay for and assist the Contractor with submitting documentation for obtaining the TOJEIUP, but the Contractor is responsible to obtain the permit. C. Contractor is responsible to perform work in accordance with all permit requirements. D. Contractor is responsible for obtaining any dewatering permits required for execution of the Work. Contractor is responsible for dewatering permit fees. E. Contractor is responsible for obtaining any FDEP Non -point Discharge Elimination System (NPDES) permits required for execution of the Work. Contractor is responsible for NPDES permit fees. F. Contractor is responsible to obtain Town of Jupiter, Palm Beach County, Florida Department of Transportation (FDOT), and any other regulatory agency maintenance of traffic/traffic control approvals required to perform the Work. END OF SECTION W18-31 01010-5 Page 356 of 475 Agenda Item #21. SECTION 01025 MEASUREMENT AND PAYMENT PART 1 — GENERAL 1.01 GENERAL A. SCOPE OF THIS SECTION 1. The following explanation of the Measurement and Payment for the Schedule of Payment items is provided; however, the omission or reference to any item shall not after the intent of the Bid Form or relieve the Contractor of the necessity of constructing a complete project under this Contract. 2. Quotations prepared by the Contractor for the various items of work are intended to establish a total price for completion of the work in its entirety. Should Contractor feel that the cost for any particular work item has not been established by the Schedule of Payment items or this section, Contractor shall include the cost for that work in one of the. bid items so the proposal for the project reflects the total cost to complete the work in its entirety. 3. Owner reserves the right to increase or decrease the quantity of any item or portion of the work during the progress of construction in accordance with the terms of the Contract. 4. Unit prices, if used, are used as a means for computing the bid, for Contract purposes, for periodic payments, for determining value of additions or deletions. 5. Payment shall be made for the items listed on the Bid Form on the basis of Work actually performed and completed, such work including but not limited to, the furnishing of all necessary labor, equipment, tools, transportation, delivery, disposal of waste and surplus material, and backfilling as described in the work order, and all other appurtenances to complete the construction and installation of the work as described in the work order. W18-31 01025-1 Page 357 of 475 Agenda Item #21. 1.02 SUBMITTALS A. Project Unit Costs and Payment Information: 1. Work Order Proposal 2. Application for Payment 3. Final Application for Payment B. Submittals shall be in accordance with Section 01300. 1.03 APPLICATION FOR PAYMENT A. Include accepted schedule of values for each portion of work and the unit price breakdown for the work to be paid on a unit price basis, and a listing of Owner selected equipment, if applicable, and allowances, as appropriate. B. Preparation: 1. List each Change Order and Written Amendment executed prior to date of submission as a separate line item. 2. Submit application for payment, a listing of materials on hand as applicable, and such supporting data as may be requested by the Owner/Engineer. 3. Include Owner's Application for Payment Cover Sheet and partial or full releases of liens, as appropriate, for all subcontractors, suppliers, and Contractor. PART 2 — PRODUCTS 2.01 ITEM DESCRIPTIONS A. GENERAL 1. Contractor shall coordinate with Owner for suitable locations to store Owner purchased materials under this Contract. 2. Costs for mobilization, demobilization, maintenance of traffic, sediment control/pollution prevention, project record drawings and Contractor's general conditions for individual work orders will be negotiated based on the scope of each work order, and shall not exceed 10% of the sum of the work order line items, excluding these items. W18-31 01025-2 Page 358 of 475 Agenda Item #21. 3. For all non -emergency work orders Contractor will be required to submit to the Town, prior to issuance of a work order, a materials list with pricing from up to three separate vendors. The Town will direct purchase the materials from the lowest vendor. Contractor is responsible for establishing material quantities, receipt of delivery of materials, construction schedule, and all coordination with the vendor(s) and Owner. Manpower and equipment shall be invoiced at the proposed bid schedule awarded with normal rates during the day and overtime rates for work performed past an 8 hour work day. A. INDEMNIFICATION (Bid Item No. 1) In recognition of Contractor's indemnification obligations under this Contract, Owner will pay to Contractor the specific consideration of one hundred dollars ($100.00). Payment of said specific consideration shall be made once during the course of the term of the Contract, at the time of payment for Work under the first Work Order of the Contract. Contractor's receipt of payment shall serve as acknowledgement of Contractor's indemnification of Owner under this Contract. B. BONDS AND INSURANCE (Bid Item No. 2) The. Work included in this Item shall be the actual costs of bonds and required insurance as outlined in the Contract Documents for. the initial term of the Contract. Payment of bonds and insurance shall be made on the first Application of Payment of the initial term of the Contract. Contractor shall provide Owner with written documentation from bonding and insurance companies indicating actual costs for bonds and insurance for this project, if requested. Any Contract renewals that extend the term of the Contract will be quality for subsequent payment of bonds and insurance for those respective Contract durations, on the first payment application of each term of the Contract. C. REGULAR RATE; 4 MAN UNDERGROUND CONSTRUCTION CREW (Bid Item No. 3) 1. Method of Measurement: The quantity to be paid for under this Section shall be on an hourly basis. 2. Basis of Payment: Payment shall be made at the Contract Unit Price per hour for the provision of a fully utilized four (4) man underground construction crew, consisting of a foreman/operator, pipe layer and two laborers with equipment including but not limited W 18-3 i 01025-3 Page 359 of 475 Agenda Item #21. to, a one (1) ton pickup truck, pipe saw, plate compactor, 3" trash pump and hoses, miscellaneous hand tools and safety equipment, to perform miscellaneous utility infrastructure maintenance, repairs, and/or improvements, in accordance with the work order issued by the Town or other written Town directive. Any time charged under this pay item shall be in accordance with the work order issued by the Owner or for emergency work, specifically approved in writing by the Owner, including a mutually agreed upon start date and duration in hours. Any time charged by the Contractor under this pay item without the Owner's prior written approval will not be approved for payment. The Owner will track time and approve payment. D. OVERTIME RATE: 4 MAN UNDERGROUND CONSTRUCTION CREW (Bid item No. 4) Method of Measurement: The quantity to be paid for under this Section shall be on an hourly basis. 2. Basis of Payment: Payment shall be made at the Contract Unit Price per hour for the provision of a fully utilized four (4) Man Underground Construction Crew consisting of a foreman/operator, pipe layer and two laborers with equipment including but not limited to, a one (1) ton pickup truck, pipe saw, plate compactor, 3" trash pump and hoses, miscellaneous hand tools and safety equipment to. perform miscellaneous utility infrastructure maintenance, repairs, and/or improvements as requested by the Town, and as results in accrual of overtime charges to the Town. Any time charged under this line item must be approved in writing by the Owner. Any time charged by the Contractor without the Owner's prior written approval under this pay item will not be approved for payment. The Owner will track time and approve payment. E. COMBINATION BACKHOE LOADER (Bid Item No. 5) 1. Method of Measurement: The quantity to be paid for under this Section shall be on an hourly basis for the actual time the excavator with Operator is in use. Measurement of this item shall not include travel time for the excavator or operator to and from the project site. 2. Basis of Payment: Payment shall be made at the Contract Unit Price per hour for the provision of a Combination Backhoe Loader which is a supplement to the 4 Man Underground Construction Crew bid item. This pay item shall include, but not be limited to, full compensation for providing a Caterpillar 461 E Backhoe Loader (or equivalent size machine) to the site for an estimated period of time W18-31 01025-4 Page 360 of 475 Agenda Item #21. as outlined in the work order proposal and include all costs associated with delivery, pickup, maintenance, operation (not including operator), insurance, and any other miscellaneous costs or fees associated with providing a safe working machine as intended for its use. Any time charged under this line item must be specifically approved in writing by the Owner, including a mutually agreed upon start date and duration in hours. Any time charged by the Contractor without the Owner's prior written approval under this pay item will not be approved for payment. This pay item is an hourly rate charge for the Combination Backhoe Loader. The Owner will track time and approve payment. Payment for the operator of this equipment is included in Bid Item Nos. 3 and 4. F. HYDRAULIC EXCAVATOR WITH OPERATOR (Bid Item No. 6) Method of Measurement: The quantity to be paid for under this Section shall be on an hourly basis for the actual time the excavator with Operator is in use. Measurement of this item shall not include travel time for the excavator or operator to and from the project site. 2. Basis of Payment: Payment shall be made at the Contract Unit Price per hour for the provision and operation of a Hydraulic Excavator which is a supplement to the 4 Man Underground Construction Crew bid item. This pay item shall include, but not be limited to, full compensation for providing a Caterpillar 315D Hydraulic Excavator (or equivalent size machine) to the site for an estimated period of time and include all costs associated with delivery, pickup, maintenance, operation (including operator), insurance, and any other miscellaneous costs or fees associated with providing a safe working machine for its intended use. Any time charged under this line item must be specifically approved in writing by the Owner, including a mutually agreed upon start date and duration in hours. Any time charged by the Contractor without the Owner's prior written approval under this pay item will not be approved for payment. G. DEWATERING WITH 4" HYDRAULIC PUMP (Bid Item No. 7) 1. Method of Measurement: The quantity to be paid for under this Section shall be on an hourly basis for the actual time the 4" hydraulic pump is in operation. Measurement of this pay item shall not include labor to mobilize, set up, breakdown, and remove the pump and associated equipment from the job site. Such labor costs are to be charged under Bid Item No. 3, Regular Rate: 4 Man Underground Construction Crew. W 1 S-3 I 01025-5 Page 361 of 475 Agenda Item #21. 2. Basis of Payment: Payment shall be made at the Contract Unit Price per hour for operation of a 4" Hydraulic Pump which is a supplement to the 4 Man Underground Construction Crew bid item. This pay item shall include but not be limited to the 4" hydraulic pump, hoses, piping, suction and discharge appurtenances, fuel, maintenance, provisions for erosion and sediment control, disposal of pump discharge, dewatering permits and any other costs associated with dewatering using a 4" hydraulic pump to assist in removing groundwater from the excavation area to an acceptable discharge location. Any time charges under this pay item must be specifically approved in writing by the Owner, including a mutually agreed upon start date and duration in hours. Any time charged by the Contractor without the Owner's prior written approval under this pay item will not be approved for payment. Dewatering costs associated with a pump smaller than a 4" hydraulic pump shall be included in the costs for Bid Item Nos. 3 and 4, 4 Man Underground Construction Crew. If a 4" hydraulic pump does not provide adequate dewatering to enable Contractor to install pipe, fittings, valves and other infrastructure in a dry trench in accordance with Town standards, then Contractor shall make provisions for dewatering by well point (Bid Item No. 8). Owner is not responsible. to pay costs associated with this Pay Item if dewatering with 4" hydraulic pump is not sufficient or efficient. Owner will not direct Contractor in what type of dewatering to use. This pay item is an hourly rate charge for dewatering with a 4" Hydraulic Pump. H. DEWATERING WITH WELL POINTS (Bid Item No. 8) Method of Measurement: The quantity to be paid for under this Section shall be on a daily basis for the actual time the well point dewatering system is in operation. Measurement of this item will not include labor to mobilize, set up, breakdown, and remove the well point dewatering system from the job site. Such labor costs are to be charged under Bid Item No. 3, Regular Rate: 4 Man Underground Construction Crew. 2. Basis of Payment: Payment shall be made at the Contract Unit Price per 24 hour -day for the provision of a well point system complete with well points, suction and discharge piping, vacuum pump, and all appurtenances necessary for a complete and functional dewatering system. This pay item shall include, but not be limited to, full compensation for equipment and materials to provide a functional and effective well point dewatering system, including but not limited to fuel, maintenance, well points, suction and discharge piping, manifold header piping, dewatering permits, discharge permits, erosion and sediment control, disposal of pump W18-31 01025-6 Page 362 of 475 Agenda Item #21. discharge and any other costs associated with the well point dewatering system to enable the Contractor to install pipe, fittings, valves, etc in a dry trench in accordance with Town standards. Labor associated with this item shall be included in Pay Item No. 3, 4 Man Underground Construction Crew. Any costs charged to this line item must be specifically approved in writing by the Owner, including a mutually agreed upon start date and duration in hours. Any charges by the Contractor without the Owner's prior written approval will not be paid. This Pay Item is a daily (24 hour day) rate charge for dewatering by well points. If Contractor has not provided a well point dewatering system adequate to allow for repairs and/or installation of the infrastructure to occur in accordance with Town standards Owner will not pay costs associated with this Pay Item until the Contractor has corrected the system to function properly and efficiently. END OF SECTION W18-31 01025-7 Page 363 of 475 Agenda Item #21. SECTION 01030 HURRICANE PREPAREDNESS PART 1 -- GENERAL 1.01 HURRICANE PREPAREDNESS PLAN A. The Contractor's attention is drawn to the possibility of hurricane or severe storm conditions occurring at the site of work during the course of Contract Work. B. Within fourteen (14) days of the date of the Notice to Proceed, the Contractor shall submit to the Owner a Hurricane Preparedness Plan specific to this project. The plan should outline the necessary measures including erosion protection, inlet protection, site clean-up, tie -down of materials, removal of materials from the site, which the Contractor proposes to perform at no additional cost to the Owner in case of a hurricane or severe weather warning. C. In the event of inclement weather, or whenever the Owner shall direct, the Contractor shall, and will, cause Subcontractors to protect carefully the Work and materials against damage or Injury. Work and materials damaged due to inclement weather shall be removed and replaced at the expense of the Contractor. Hurricane Watch: Upon designation of a hurricane watch, the Contractor shall be responsible for storing all loose supplies and strapping down or removing large materials and equipment on the job site that may pose a danger. In addition, the Contractor shall remove all bulkheads and plugs in pipelines that would impede drainage in the case of flooding. Structures that may be in danger of floatation shall be flooded. The Contractor shall also cooperate with the Owner in protecting any other structures at the site. 2. Hurricane Warning: No mobile "temporary facility" under the control of or on the property of the Owner shall be staffed during a hurricane warning. Contractor facilities meeting these criteria shall be evacuated. Reasonable steps shall be taken to protect all such facilities and their contents from damage and to avoid the facility causing damage to the surroundings. D. The Contractor may be required to backfill excavations depending on the severity of the approaching storm or the expected amount of rainfall. W 18-31 01030-1 Page 364 of 475 Agenda Item #21. PART 2 -- PRODUCTS - (Not Used) PART 3 -- EXECUTION - (Not Used) END OF SECTION W18-31 01030-2 Page 365 of 475 Agenda Item #21. SECTION 01060 REGULATORY REQUIREMENTS AND NOTIFICATION PART 1 - GENERAL 1.01 PERMITS REQUIRED A. Palm Beach County Health Department / Florida Department of Environmental Protection (FDEP) permits will be obtained by the Owner as required for specific Work Orders. The contractor will be required to comply with all conditions of required permits for the specific Work Orders. B. Other Permits Required: The Contractor is responsible for obtaining any building department demolition, construction, electrical, mechanical, and/or dewatering permits that may be required. The Owner will pay for the building department fees. C. The Contractor shall prepare, submit, and pay for the Notice of Intent (NOI) to use the Generic Permit for Stormwater Discharge from Construction Activity, which will include Stormwater Pollution Prevention Plan (SWPPP) as required by F.A.C. 62-621.300(4) and the Environmental Protection Agency (EPA) as part of the National Pollutant Discharge Elimination System (NPDES) prior to beginning work. The application for this Notice is included in Appendix D. The Contractor will be responsible for the $250 application fee and the costs associated with preparation of the NOI and SWPPP. The Contractor shall conform to the conditions of all permits for this project as part of this Contract. D. Right of Way Permits from Palm Beach County, Town of Jupiter, FDOT, Martin County and any other appropriate agencies will be obtained by the Owner as required to comply with specific Work Orders. Contractor will be responsible to comply with all conditions of required permits for specific Work Orders. 1.02 NOTIFICATION A. The Contractor is required to notify Town of Jupiter Utilities 48 hours prior to initiating construction. B. Utility Companies: Contractor shall notify the Sunshine State One Call of Florida (SSOCF) service at 1-800-432-4770 48 hours prior to digging for direct bury and 10 days prior to digging or initiating construction of underwater construction activities, as required by Florida Statues Chapter 556 throughout the duration of the construction project. W18-31 01060 - 1 Page 366 of 475 Agenda Item #21. C. The Contractor shall give the Owner not less than fourteen (14) calendar days notice of the time and place (or places) where the work will start. D. The Contractor will be required to notify the Asbestos Coordinator at the Florida Department of Environmental Protection (FDEP) a minimum of ten (10) working days prior to the commencement of removal of asbestos cement (AC) pipe. The pipe shall be handled and disposed of in accordance with Federal, State, and Local regulations. Contractor shall supply the Town with copies of all disposal manifest tickets/reports within two days of disposal of the AC material. Contractor shall be responsible to obtain all required permits/notifications required per State/local/Federal regulations. PART 2 - PRODUCTS Not used. PART 3 - EXECUTION Not used. END OF SECTION W18-31 01060 - 2 Page 367 of 475 Agenda Item #21. SECTION 01090 REFERENCE STANDARDS PART GENERAL 1.01 REQUIREMENTS INCLUDED Abbreviations and acronyms used in Contract Documents to identify reference standards. 1.02 QUALITY ASSURANCE A. Application: When a standard is specified by reference, comply with requirements and recommendations stated in that standard, except when requirements are modified by the Contract Documents, or applicable codes establish stricter standards. B. Publication Date: The publication in effect on the date of issue of Contract Documents, except when a specific publication date is specified. C. For Products or workmanship specified by association, trade, or other consensus standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. D. Conform to reference standard by date of issue current on bid date. E. Obtain copies of standards when required by the Contract Documents. F. Maintain copy at project site during submittals, planning, and progress of the specific work, until Substantial Completion. G. Should specified reference standards conflict with Contract Documents, request clarification from the Engineer before proceeding. H. Neither the contractual relationship, duties, nor responsibilities of the parties in Contract nor those of the Engineer shall be altered by the Contract Documents by mention or inference otherwise in any reference document. W18-31 01090 - 1 Page 368 of 475 Agenda Item #21. 1.03 ABBREVIATIONS, NAMES, AND ADDRESSES OR ORGANIZATIONS A. Obtain copies of reference standards direct from publication source, when needed for proper performance of work, or when required for submittal by Contract Documents. B. The following, as appropriate to project, is a list of referenced standards and their mailing addresses for requesting copies of standards: AA Aluminum Association 818 Connecticut Avenue, NW Washington, D.C. 20006 AABC Associated Air Balance Council 1000 Vermont Avenue, NW Washington, D.C. 20005 AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, NW Washington, D.C. 20001 ACI American Concrete Institute Box 19150 Redford Station Detroit, MI 48219 Al Asphalt Institute Asphalt Institute Building College Park, MD 20740 A1SC American Institute of Steel Construction 1221 Avenue of the Americas New York, NY 10020 AISI American Iron and Steel Institute 1000 161h Street, NW Washington, D.C., 20036 ANSI American National Standards Institute 1430 Broadway New York, NY 10018 W18-31 01090 - 2 Page 369 of 475 Agenda Item #21. ARI Air Conditioning and Refrigeration Institute 1815 North Fort Myer Drive Arlington, VA 22209 ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers 345 East 47ff Street New York, NY 10017 ASME American Society of Mechanical Engineers 345 East 47f" Street New York, NY 10017 ASPA American Sod Producers' Association Association Building Ninth and Minnesota Hastings, NE 68901 ASSE American Society of Sanitary Engineers 960 Illuminating Building Cleveland, OH 44113 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 AWPA American Wood -Preservers Association 7735 Old Georgetown Road Bethesda, MD 20014 AWS American Welding Society 2501 NW 71f Street Miami, FL 33125 AWWA American Water Works Association 6666 W. Quincy Avenue Denver, CO 80235 CDA Co�per Development Association 57f Floor, Chrysler Building 405 Lexington Avenue New York, NY 10017 CRSI Concrete Reinforcing Steel Institute 180 North LaSalle Street, Suite 2110 Chicago, IL 60601 W 18-31 01090 - 3 Page 370 of 475 Agenda Item #21. FBC 2007 Florida Building Code Florida Department of Community Affairs Building Codes and Standards 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FDEP Florida Department of Environmental Protection 3900 Commonwealth Boulevard M.S. 49 Tallahassee, FL 32399 FDOT Florida Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32301 FS Federal Specifications General Services Administration Specifications and Information Distribution Section (WFSIS) Washington Navy Yard, Bldg. 197 Washington, D.C. 20407 NEC National Electric Code National Fire Protection Association (NFPA) 1 Batterymark Park Quincy, MA 02169 NEMA National Electrical Manufacturers Association 2101 L Street, NW Washington, D.C. 20037 NFPA National Fire Protection Association 470 Atlantic Avenue Boston, MA 02210 NSF National Sanitation Foundation NSF Building 3475 Plymouth Road Ann Arbor, MI 48106 PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 20076 W 18-31 01090 - 4 Page 371 of 475 Agenda Item #21. PCI Prestressed Concrete Institute 20 North Wacker Drive Chicago, IL 60606 PS Product Standard U.S. Department of Commerce Washington, D.C. 20203 SMACNA Sheet Metal and Air Conditioning Contractors National Association 8224 Old Courthouse Road Vienna, VA 22180 TCA Technical Aid Series Construction Specifications Institute 1150 Seventeenth Street, NW Washington, D.C. 20036 Town Town of Jupiter Utilities Guide For Development Design Standards and Construction Standards Water and Stormwater 210 Military Trail Jupiter, FL 33458 UL Underwriters Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 PART 2 -- PRODUCTS Not Used PART 3 -- EXECUTION Not Used END OF SECTION W18-31 01090 - 5 Page 372 of 475 Agenda Item #21. SECTION 01200 PROJECT MEETINGS PART 1 — GENERAL 1.01 PRECONSTRUCTION A. Prior to the commencement of Work at site designated by a Work Order, a preconstruction conference will be held at a mutually agreed upon time and place which shall be attended by the Contractor, their superintendent, and their subcontractors as appropriate. Other attendees will be: 1. Representative of Owner. 2. Governmental representatives as appropriate. 3. Others as requested by Contractor, Engineer or Owner. B, The meeting will cover such subjects as the following: permits and licenses, construction schedules; cost breakdown and application for payments; material deliveries, storage; shop drawings and submittals; job -site inspection by the Owner's representative; emergency action procedures; security; project site cleanliness; and other appropriate matters. C. Unless previously submitted to the Owner, the Contractor shall bring to the conference one copy of the following: 1. Preliminary Schedule. 2. Material list with prices from two separate vendors. 3. Preliminary shop drawing/ sample/ substitute or "Or Equal" submittal schedule. 4. Maintenance of Traffic Plan D. The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The agenda will include: 1. Contractor's Tentative Schedule. 2. Transmittal, review, and distribution of Contractor's submittals. W18-31 01200-1 Agenda Item #21. 3. Processing applications for payment. 4. Maintaining record documents. 5. Critical work sequencing. 6. Field decisions and Change Orders. 7. Use of project site, office and storage areas, security, housekeeping, the Owner's needs. 8. Major equipment deliveries and priorities. 1.42 Progress A. The Owner will schedule weekly progress meetings as considered necessary by the Owner to assure effective execution of this contract. The Contractor and Owner, and all subcontractors active on the site shall be represented at each meeting. Contractor may at its discretion request attendance by representatives of its suppliers, manufacturers, and other subcontractors. The Owner may at its discretion request attendance by Town's consulting Engineer. B. The Owner will preside at the meetings and provide for keeping and distribution of the minutes. The purpose of the meetings will be to review the progress of the Work, maintain coordination of efforts, discuss changes in scheduling, and resolve other problems which may develop. C. In addition the Owner or Contractor may call for special job site meetings for the purpose of resolving unforeseen problems or conflicts which may impede the construction schedule. The Owner will prepare a brief summary report of the decisions of understanding concerning each of the items discussed at the meeting. The Owner may request the attendance of subcontractors and Owner's consultants a these meetings. D. At progress meetings, the Contractor shall submit to the Owner for review a current schedule. This schedule submission shall include a look ahead schedule and reflect the status of the Work performed to date. PART 2 — PRODUCTS (not used) PART 3 — EXECUTION (not used) END OF SECTION W18-31 01200-2 Page 374 of 475 Agenda Item #21. SECTION 01300 SUBMITTALS AND PROGRESS SCHEDULES PART 1 — GENERAL 1.01 WORK INCLUDED A. Submit, to the Owner, shop drawings, construction progress schedules, project data and samples required by specification sections. 1.02 RELATED REQUIREMENTS SPECIFIED ELSEWHERE A. Drawings and general provisions of the Contract, including the General and Supplementary Conditions and Division 1 Specification sections, apply to this section. 1.03 SCHEDULES a Promptly after award of contract, prepare and submit to the Owner estimated construction progress schedules for the work, including a schedule listing dates for submission of shop drawings and items to be submitted, project data, and samples that will be needed for each product. 1.04 FORM OF SCHEDULES A. Prepare schedules in suitable format with dated schedule printout. A horizontal bar chart should be used as additional illustration and for revised progress schedules. 1. Horizontal time scale: Identify the first work day of each week. 1.05 CONTENT OF SCHEDULES A. Construction Progress Schedule: 1. Show the complete sequence of construction. 2. Show the dates for the beginning, and completion of, each major element of construction. 3. Show projected percentage of completion for each item, as of the first day of each month. B. Submittals Schedule for Shop Drawings, Product Data and Samples. Show dates for Contractor's submittals. W 18-31 01300-1 Page 375 of 475 Agenda Item #21. 1.06 PROGRESS REVISIONS A. Indicate progress of each activity to date of submission of schedule. B. Show changes occurring since previous submission of schedule. C Provide a narrative report as needed to define: 1. Problem areas, anticipated delays, and the impact on the schedule. 2. Corrective action recommended, and its effect. 1.07 SUBMISSIONS A. Submit initial schedules within 14 days after award of Contract. 1. Owner will review and return review copy within 14 days after receipt. 2. If required, resubmit within 2 days after return of review copy. B. Submit revised progress schedules at each weekly progress meeting. 1.08 DISTRIBUTION A. Distribute copies of the reviewed schedules to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. B. Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedules. PART 2 — PRODUCTS 2.01 SHOP DRAWINGS A. Original drawings or product data, prepared by Contractor, Subcontractor, Supplier or Distributor, and reviewed and stamped approved by Contractor, which illustrate portions of the Work; showing fabrication, layout, material data, setting or erection details including, but not limited to the following- 1 . Valves and operators (wlspecific locations) 2. Piping and fittings (wlspecific locations) 3. Pump Curves and Data Sheets 4. Storage Tank Data Sheets 5. Electrical wiring diagrams W18-31 01300-2 Page 376 of 475 Agenda Item #21. 6. Panel fabrication drawings 7. Instrumentation 8. Concrete mix designs (with specific locations), grouts, etc. 9. Precast Structures, frames, grates, etc. 10. Irrigation System Components 11. Paintings, coatings, liners, etc. 12. Electrical equipment and materials 13. Mechanical equipment 14. Asphalt and base materials 15. Metal Fabrications B. Prepared by a qualified detailer. 2.02 PROJECT DATA A. Manufacturer's standard schematic drawings 1. Modify drawings to delete information which is not applicable to project. 2. Supplement standard information to provide additional information applicable to project. B. Manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations and other standard descriptive data. 1. Clearly mark each copy to identify pertinent materials, products or models. 2. Show dimensions and clearances required. 3. Show performance characteristics and capacities. 4. Show wiring diagrams and controls. 2.03 SAMPLES A. Physical examples to illustrate materials, equipment or workmanship, and to establish standards by which completed work is judged. B. Office samples of sufficient size and quantity to clearly illustrate: 1. Functional characteristics of product or material, with integrally related parts and attachment devices. 2. Full range of color samples. W 18-31 01300-3 Page 377 of 475 Agenda Item #21. 2.04 PAY REQUESTS A. Pay Requests shall be made on a monthly basis to include work performed up through the 25th day of the month and be submitted with the appropriate Owner provided Application for Payment Cover Sheet and release liens. B. Amount of Retainage shall be 10% up to the point that the Owner considers the project 50% complete at which time retainage will be reduced to 5%. Retainage will be held at 5% until all punch list items are completed and accepted by the Owner. C. Pay Requests shall be reviewed in the field with the Owner's Representative to verify quantifies for which payment is requested each month. Adjustments to quantities shall be made as Owner's Representative requests. Corrected Pay Requests shall be submitted to the Owner for payments. 2.05 PRE -CONSTRUCTION VIDEO A. At least one (1) week prior to the start of construction, the contractor shall have video recordings taken of the entire project area including adjacent properties. Such recordings shall be provided to the Owner before mobilization of materials and equipment to the site. These recordings shall serve as record of the conditions as they existed prior to the start of the work and shall be detailed enough to observe existing conditions before construction begins. B. The video recordings must be produced by a professional videographer who specializes in construction type videos and the video must be narrated. C. Two copies of the video tape are to be delivered to the Owner on a DVD in a standard video format that is able to be viewed on a Windows operating system. All videotapes shall become the property of the Owner. PART 3 -- EXECUTION 3.01 CONTRACTOR RESPONSIBILITIES A. Review Shop Drawings, Project Data and Samples prior to submission. Stamp and sign approved for Owner's review indicating that the Contractor has reviewed submittal and that it complies with Contract Documents requirements. W18-31 01300-4 Page 378 of 475 Agenda Item #21. B. Verify 1. Field measurements. 2. Field construction criteria. 3. Catalog numbers and similar data. C Coordinate each submittal with requirements of Work and the Contract Documents. D. Contractor's responsibility for errors and omissions in submittals is not relieved by Owner/Engineer's review of submittals. E. Contractor's responsibility for deviations in submittals from requirements of Contract Documents is not relieved by Owner/Engineer's review of submittals, unless Owner/Engineer gives written acceptance of specific deviations. F. Notify Owner in writing at time of submission, of deviations in submittals from requirements of Contract Documents. G. Begin no work which requires -submittals until return of submittals with Owner's/Engineer's stamp and initials or signature indicating approval. H. After Owner/Engineer's review, distribute copies to subcontractors and suppliers as necessary. 3.02 SUBMISSION REQUIREMENTS A. Schedule submissions at least 21 days before dates reviewed submittals will be needed. B. Submit Shop Drawings, Project Datum and Samples electronically or the number of copies which Contractor requires for distribution plus 4 copies which will be retained by Owner and Engineer. C Accompany submittals with transmittal letter, in duplicate, containing: 1. Date. 2. Project title and number. 3. Contractor's name and address. 4. Submittal Number 5. Corresponding Specification Section and/or Plan Sheet. 6. Notification of deviations from Contract Documents. 7. Other pertinent data. W 18-31 01300-5 Page 379 of 475 Agenda Item #21. D. Submittals must include: 1. Date of submittal and revision dates. 2. Project title and number. 3. The names of. a. Engineer. b. Contractor. C. Subcontractor. d. Supplier. e. Manufacturer. f. Separate detailer when pertinent. 4. Identification of product or material. 5. Relation to adjacent structure or materials. 6. Field dimensions, clearly identified as such. 7. Identification of deviations from Contract Documents. 8. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of field measurements and compliance with Contract Documents. 3.03 RESUBMISSION REQUIREMENTS A. Shop Drawings. 1. Revise initial drawings as required and resubmit as specified for initial submittal. 2. Indicate on drawings any changes which have been made. B. Project Data and Samples: 1. Submit new datum and samples as required for initial submittal. 3.04 DISTRIBUTION OF SUBMITTALS AFTER REVIEW A. Distribute copies of Shop Drawings and Project Datum which carry Engineer's stamp, to: 1. Contractor's file. 2. Job site file. 3. Record Documents file. 4. Other prime contractors. 4. Subcontractors. 6. Supplier. 7. Fabricator. W 18-31 01300-6 Page 380 of 475 Agenda Item #21. END OF SECTION W 18-31 01300-7 Page 381 of 475 Agenda Item #21. SECTION 01410 TESTING LABORATORY SERVICES PART 1 — GENERAL 1.01 DESCRIPTION A. The Owner shall employ and pay for services of an Independent Testing Laboratory to perform specified services. B. Inspection, Sampling and Testing is required for: 1. Densities and Proctors (for soil compaction) 2. Cast -in -place Concrete (slump and compressive strength) 3. Other operations specified in these specifications or as required by the Owner or Engineer. C. Bacteriological Sampling and Testing may also be required, but the sampling and testing will be performed by the Owner in-house and will not require the services of an independent laboratory service. Contractor will be responsible to coordinate scheduling of bact sampling and testing with Owner to eliminate or minimize the need for overtime on the part of Owner's staff. 1.02 QUALIFICATION OF LABORATORY A. Meet "Recommended Requirements for Independent Laboratory Qualification", latest edition, published by American Council of Independent Laboratories. B. Meet basic requirements of ASTM E 329-90 "Standard Practice for Use in the Evaluation of Testing Agencies for Concrete and Steel as Used in Construction". C. Certified in the State of Florida in accordance with FDEP requirements. 1.03 LABORATORY DUTIES; LIMITATIONS OF AUTHORITY A. Cooperate with Owner, Engineer, and Contractor; provide qualified personnel promptly on notice. The Laboratory shall notify the Contractor of how much notice is required by the Laboratory to ensure that Laboratory personnel will be available for testing. B. Perform specified inspections, sampling and testing of materials and methods of construction: W18-31 01410-1 Page 382 of 475 Agenda Item #21. 1. Comply with specified standards; ASTM, other recognized authorities, and as specified. 2. Ascertain compliance with requirements of Contract Documents. C. Promptly notify Owner and Contractor, of irregularities or deficiencies of Work which are observed during performance of services. D. Promptly submit 2 copies of reports of inspections and tests to Owner including- 1 . Date issued. 2. Project title and number. 3. Testing Laboratory name and address. 4. Name of Inspector 5. Date of inspection or sampling. 6. Record of temperature and weather. 7. Date of test. 8. Identification of product and specification section. 9. Location in project. 10. Type of inspection or test. 11. Observations regarding compliance with Contract Documents. E. Laboratory is not authorized to: 1. Release, revoke, alter, or enlarge on, requirements of Contract Documents. 2. Approve or accept any portion of Work. 3. Perform any duties of the Contractor. 1.04 CONTRACTOR'S RESPONSIBILITIES A. Coordinate testing with Laboratory and Owner's representative. The Contractor shall give the Laboratory sufficient notice of when testing is required so as to ensure that Laboratory personnel will be available. B. Cooperate with Laboratory personnel, provide access to Work. This includes providing easily accessible sampling locations for bacteriological sampling. C. Provide to Laboratory, preliminary representative samples of materials to be tested, in required quantities. D. Furnish copies of mill test reports. E. Furnish casual labor and facilities: W18-31 01410-2 Page 383 of 475 Agenda Item #21. 1. To provide access to Work to be tested. 2. To obtain and handle samples at the site. 3. To facilitate inspections and tests. 4. For Laboratory's exclusive use for storage and curing of test samples. F. Notify Laboratory sufficiently in advance of operations to allow for his assignment of personnel and scheduling of tests. G. Pay for services of the Testing Laboratory to perform additional inspections, sampling and testing required: 1. For Contractor's convenience. 2. When initial tests indicate Work does not comply with Contract Documents. Such payment shall be made directly by the Contractor. H. Contractor will be responsible for payment for all failing tests. PART 2 — PRODUCTS Not used. PART 3 — EXECUTION Not used. END OF SECTION W 18-31 01410-3 Page 384 of 475 Agenda Item #21. SECTION 01510 TEMPORARY UTILITIES PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install, and maintain temporary utilities required for construction; remove on completion of entire project. B. Provide temperature, ventilation, and lighting requirements, if applicable, as specified in each individual section. 1.02 RELATED REQUIREMENTS A. Drawings and general provisions of the Contract, including the General and Supplementary Conditions and Division 1 Specification sections, apply to this section. B. Section 01010: Summary of Work 1.03 REQUIREMENTS OF REGULATORY AGENCIES A. Comply with National Electric Code. B. Comply with federal, state, and local codes and regulations, and with utility company requirements. PART 2 -PRODUCTS 2.01 MATERIALS (GENERAL) Materials may be new or used, but must be adequate in capacity for the required usage. They MUST NOT create unsafe conditions, and MUST NOT violate requirements of applicable codes and standards. 2.02 TEMPORARY ELECTRICITY AND LIGHTING A. The Contractor must maintain power to all existing buildings and areas. B. The Contractor is responsible for providing and paying for all power required for his operations. W18-31 01510 - 1 Page 385 of 475 Agenda Item #21. C. Provide POWER CENTERS for miscellaneous tools and equipment used in the work- 1. Weatherproof distribution box with minimum of four 20-amp., 120-volt grounded outlets. 2. Locate so that power is available at any point of use with minimum 100-foot CONSTRUCTION -TYPE power cords. 3. Provide circuit breaker protection for each outlet. D. Provide adequate artificial lighting for all areas of work, when natural light is not adequate for work, and for areas accessible to persons other than Contractor's employees. E. If Contractor requires service other than specified above, he shall arrange for, provide maintenance, and pay all costs incurred. 2.03 TEMPORARY WATER Contractor shall make arrangements with the Owner for all temporary water at the project site. Contractor shall coordinate and pay for the costs related to obtaining a hydrant meter from the Town of Jupiter Utilities Department. The Town of Jupiter will provide water to the contractor at no charge as long as the Contractor is not found to be using the water in a wasteful manner. The contractor will be held responsible for water use that is determined to be wasteful by the Owner. 2.04 TEMPORARY SANITARY FACILITIES A. Contractor shall provide temporary sanitary facilities in compliance with laws and regulations prior to mobilization of personnel to the project site. B. Contractor shall provide for regular service, cleaning, and maintenance of temporary facilities and enclosures. C. Sanitary facilities shall be located in an area approved by the Owner and selected so as to not affect private property or public access routes. PART 3 - EXECUTION 3.01 GENERAL A. Comply with applicable requirements specified herein. B. Maintain and operate systems to ensure continuous service. W18-31 01510 - 2 Page 386 of 475 Agenda Item #21. 3.02 REMOVAL A. Completely remove temporary materials and equipment when their use is no longer required. B. Clean and repair damage caused by temporary installations or use of temporary facilities. C. Restore existing facilities used for temporary services to specified, or to original, condition. END OF SECTION W18-31 01510 - 3 Page 387 of 475 Agenda Item #21. SECTION 01560 TEMPORARY CONTROLS PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install, and maintain temporary control facilities required for construction; remove on completion of project any features not intended to remain on the project site. B. Provide noise control, dust control, water control, debris control, pollution control and erosion control as specified in the appropriate sections of these documents. 1.02 REQUIREMENTS OF REGULATORY AGENCIES A. Comply with federal, state, and local codes and regulations and utility company requirements. PART 2 -PRODUCTS 2.01 MATERIALS (GENERAL) A. ...Materials may be new or used, but must be adequate in capacity and quality for the required usage, MUST NOT create unsafe conditions and MUST NOT violate requirements of applicable codes and standards. 2.02 TEMPORARY NOISE CONTROL A. Mechanical equipment shall be fitted with mufflers to reduce noise from internal combustion type engines. B. Bells, sirens, alarms, etc., shall be adjusted to provide adequate warnings to personnel on the project site; however, they shall be regulated to an intensity that is amenable to the neighboring communities. C. Exterior construction work noises shall be kept to a minimum. D. In addition to on -site control, noise considerations shall be made to off - site vehicles and equipment (mobilization, demobilization, deliveries, etc.). W18-31 01550 - 1 Page 388 of 475 Agenda Item #21. E. Contractor shall familiarize himself with the Town of Jupiter noise ordinance within the Town's Code of Ordinances and abide by the Code at all times. 2.03 TEMPORARY DUST CONTROL Dust formed as a result of the construction shall be controlled by the Contractor. Cleaning of work areas and application of the most effective methods of dust control is the responsibility of the Contractor to implement. 2.04 TEMPORARY WATER CONTROL A. The flow of water through the construction site shall be controlled by the Contractor such that it does not damage any constructed items; however, it shall be diverted and channeled to effectively leave the site as soon as possible. Puddling and ponding on the site is not permitted. B. Water shall be controlled such that it does not enter excavated areas, nor is deposited on or against constructed features. C. Best Management Practices for the protection of inlets and stormwater systems shall be employed in accordance with Section 02270 - Erosion and Sedimentation Control. 2.05 TEMPORARY DEBRIS CONTROL A. Provision shall be made by the Contractor to have available adequate containers to hold any and all debris that is to be generated from the project. Containers should be covered to prevent wind blowing paper, plastic, and lightweight products around and off the site. B. Instructions shall be given to personnel to utilize the trash containers. Containers shall be placed in convenient places at the site. C. Cleaning of trash and debris shall occur at the construction site at the end of each day. At least once per week, a thorough cleaning of the site shall be performed. An acceptable method of disposal shall be employed. END OF SECTION W18-31 01560 - 2 Page 389 of 475 Agenda Item #21. SECTION 01600 MATERIAL. AND EQUIPMENT A. TRANSPORTATION AND HANDLING Deliver manufactured materials and products to the project site as needed for installation, undamaged, in original packages, containers, or bundles, as packaged by the manufacturer with manufacturer's name, brand, seals, and labels intact. Materials other than those designated within the Specifications shall not be delivered to the project site. B. STORAGE AND PROTECTION 1. Protect and preserve all materials until final acceptance of the Project. Store all materials in a manner to facilitate inspection and to prevent damage, contamination, intermixing, or theft. 2. Miscellaneous metal, reinforcement bars, welded wire fabric, and masonry reinforcement materials shall be stored to prevent contact with the ground and from being damaged by its own weightkor by other loads. Reinforcement which has become muddy shall be cleaned before use. 3. Store cementitious materials in weathertight sheds on elevated floors away from damp surfaces. Prevent freezing. 4. Do not use and dispose of materials that have been stored for longer than their maximum recommended shelf life or beyond their recommend shelf date. 5. Store and protect all material and equipment in accordance with manufacturer's recommendations. C. PROTECTION OF EQUIPMENT 1. During construction, protect all equipment from moisture absorption and metallic component corrosion by appropriate use of strip heaters, lamps, coverings, or other suitable means. Apply protection immediately on receiving the products and maintain continually. 2. Keep products clean by elevating above ground or floor and by using suitable coverings. Take such precautions as are necessary to protect apparatus and materials from damage. Failure to protect W18-31 01b00 - 1 Page 390 of 475 Agenda Item #21. materials is sufficient cause for rejection of the apparatus or material in question. 3. Protect factory finish from damage during construction operations and until acceptance of the project. Satisfactorily restore any finishes that become stained or damaged. D. EQUIPMENT SELECTION AND SERVICEABILITY 1. Locate and install all equipment so that it may be serviced. Demonstrate that there is room to remove all fan shafts, bearings, filters, pumps and motors, and similar equipment. 2. Equipment which is too large or poorly located to permit servicing shall be replaced or repositioned at no additional cost to the Owner. 3. Where piping, control diagrams or sequencing differ from the recommended piping arrangements of the equipment manufacturer, and will directly affect the equipment performance, the manufacturer's recommendations shall be submitted in writing to the Engineer for review prior to purchasing the equipment involved. Obtain such recommendations from the manufacturers in order to effect correct and perfect operation of the equipment at the capacities and temperatures indicated. END OF SECTION W18-31 01600 - 2 Page 391 of 475 Agenda Item #21. SECTION 01700 PROJECT CLOSE-OUT PART 1 -GENERAL 1.01 REQUIREMENTS INCLUDED A. Drawings and general provisions of the Contract, including the General and Supplementary Conditions and Division 1 Specification sections, apply to this section. B. Comply with requirements stated in General and Special Conditions of the Contract and in Specifications for administrative procedures in closing out the work. C. Related requirements specified in other sections: 1. Section 01720: Project Record Documents 2. Section 01730: Operation and Maintenance Manuals 1.02 SUBSTANTIAL COMPLETION A. When Contractor considers his work is substantially complete, he shall submit to Owner: 1. A written notice that the work, or designated portion thereof, is substantially complete. 2. A list of items to be completed or corrected. B. Within a reasonable time after receipt of such notice, Owner or Engineer will make a site review to determine the status of completion. C. Should Owner or Engineer determine that the work is not substantially complete: 1. Owner or Engineer will promptly notify the Contractor, in writing, giving the reasons. 2. Contractor shall remedy the deficiencies in the work, and shall send a second written notice of substantial completion to Owner and Engineer 3. Owner or Engineer will re -review the work W18-31 01700 - 1 Page 392 of 475 Agenda Item #21. D. When Owner or Engineer concurs that the work is substantially complete, he will: 1. Prepare a Certificate of Substantial Completion, accompanied by a list of items to be completed or corrected 2. Submit the Certificate to Owner and Contractor for their written acceptance of the responsibilities assigned to them in the certificate. 1.03 FINAL COMPLETION A. When Contractor considers the work is complete, he shall submit written certification that: 1, Contract Documents have been reviewed. 2. Work has been inspected for compliance with Contract Documents. 3. Work has been completed in accordance with Contract Documents. 4. Equipment and systems have been tested in the presence of the Owner's representative and are operational. 5. Equipment and systems instructions to Owner's personnel have been completed in accordance with Section 01730. 6. Work is completed and ready for final inspection. B. Owner or Engineer will make a site review to verify the status of completion with reasonable promptness after receipt of such certification. C. Should Owner or Engineer consider that the work is incomplete or defective- 1. Owner or Engineer will promptly notify the Contractor, in writing, listing the incomplete or defective work. 2. Contractor shall take immediate steps to remedy the stated deficiencies, and send a second written certification to Owner and Engineer that the work is complete. 3. Owner or Engineer will re -review the work. D. When Owner and Engineer finds that the work is acceptable under the Contract Documents, he shall request the Contractor to make closeout submittals. W18-31 01700 - 2 Page 393 of 475 Agenda Item #21. 1.04 RE -REVIEW FEES Should the Owner or Engineer be required to perform re -review due to failure of the work to comply with the claims of status of completion made by the Contractor, Contractor will compensate Engineer/Owner for such additional services. 1.05 ADDITIONAL SERVICES Should Engineer be required to provide representation at the site for the administration of the Contract for Construction, more than thirty days after the specified Date of Substantial Completion of the work, Contractor will compensate Engineer for such additional services. 1.06 CONTRACTOR'S CLOSEOUT SUBMITTALS TO OWNER A. Project Record Documents: To requirements of Section 01720 B. Spare Parts and Operation and Maintenance Materials: To requirements of each specification section C. Evidence of Payment and Release of Liens: To requirements of General and Supplementary Conditions D. Certificate of Insurance for Products and Completed Operations E. Certificate of Operation from equipment manufacturers 1.07 FINAL ADJUSTMENT OF ACCOUNTS (UNIT PRICE CONTRACTS ONLY) A. Submit a final statement of accounting to Owner. B. Statement shall reflect all adjustments to the Contract Sum: 1. The original Contract Sum 2. Additions and deductions resulting from: a. Previous change orders b. Unit prices c. Deductions for liquidated damages d. Other adjustments 3. Total Contract sum, as adjusted 4. Previous payments 5. Sum remaining due W 18-31 01700 - 3 Page 394 of 475 Agenda Item #21. C. Owner will prepare a final change order, reflecting approved adjustments to the Contract sum which were not previously made by change order. 1.08 FINAL APPLICATION FOR PAYMENT A. Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. PART 2 -PRODUCTS Not applicable PART 3 -EXECUTION Not applicable END OF SECTION W18-31 01700 - 4 Page 395 of 475 Agenda Item #21. SECTION 01720 PROJECT RECORD DRAWINGS PART 1 — GENERAL 1.01 PROJECT RECORD DOCUMENTS A. Maintain at the site for the Owner one record copy of. 1. Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Owner/Engineer Field Orders or written instructions. 6. Reviewed Shop Drawings. 7. Field test records. 1.02 RELATED REQUIREMENTS SPECIFIED ELSEWHERE A. Drawings and general provisions of the Contract, including the General and Supplementary Conditions and Division 1 Specification sections, apply to this section. B. Section 01700 — Project closeout C. Town's Standards 1.03 MAINTENANCE OF DOCUMENTS A. Store documents in approved location apart from documents used for construction. B. Maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. C. Make documents available at all times for inspection by Engineer and Owner. Record drawing information shall be maintained concurrently with monthly Pay Requests. 1.04 MARKING DEVICES A. Provide ink marking pens for recording information in a color code. W1 B-31 01720-1 Page 396 of 475 Agenda Item #21. 1.05 RECORDING A. Label each document "PROJECT RECORD" in neat large printed letters. B. Record information currently with construction progress. Do not conceal any work until required information is recorded. C. Record Drawings shall be drawn to record actual construction and be prepared by a registered professional surveyor licensed in the state of Florida. Record Drawings shall contain, at a minimum, the following information: Horizontal location of structures, pipes, fittings, valves, hydrants, restraint collars, thrust blocks, conduits, pullboxes, and other improvements shall be provided and referenced to a permanent reference point any time the pipe or conduit passes a permanent surface reference point. Permanent surface reference points must be permanent structures and can include manholes, catch basins, utility poles, buildings, concrete sidewalks or concrete curbs. Edge of pavement and road intersections may not be used without the Owner's approval. Any deviations from the alignment shown on the drawings must be noted. Horizontal and vertical locations of piping and conduits installed shall be provided on 25 foot intervals and at all valves, fittings, hydrants, and structure locations.. Horizontal information and GPS coordinates shall be provided for all valves, fittings, hydrants, and structures. Bore logs for any directional drill work shall be provided and the bore log data shall be indicated on the record drawings. Horizontal and vertical locations of the installed conduits shall be at 10-foot intervals at a minimum. Top of pipe elevations for all the above elements of construction shall be in relation to N.G.V.D. 1929. Depth of cover shall be provided for all the elements of construction. 2. Field changes of dimension and detail. 3. Changes made by Field Order or by Change Order. 4. Details not on original Contract Drawings. W18-31 01720-2 Page 397 of 475 Agenda Item #21. D. Specifications and Addenda; legibly mark each Section to record: Manufacturer, trade name, catalog number, and supplier of each item actually installed. 2. Changes made by Field Order or by Change Order. 1.06 SUBMITTAL A. Submit red -lined up to date record drawings of work that has been completed on a monthly basis along with each monthly application for payment. B. At Contract Close-out, Record Documents shall be submitted to Engineer in the following formats for Owner: 1. Five sets of signed and sealed record drawings on 24" x 36". 2. Three compact discs or DVDs with drawings in Adobe Acrobat format and AutoCAD Release 2007 or earlier. Create new layers as required for all new record drawing information by adding "-rec-dwg" to the end of the existing layer name. Use the same color and linetype as provided in the base file from the Owner. All new record drawing entities in the drawing shall be "bylayer". Do not change any properties (color, linetype, etc.). Keep base file and all new information in the same coordinate system, scale and rotation. C. Accompany submittal with transmittal letter in duplicate, containing- 1 . Date. 2. Project title and number. 3. Contractor's name and address. 4. Title and number of each record document. 5. Signature of Contractor or his authorized representative. PART 2 — PRODUCTS Not used. PART 3 — EXECUTION Not used. END OF SECTION W 18-31 0172 0-3 Page 398 of 475 ArnnndWAinrvm ffl I FFI TOSS-03 SKEISFINFR �� CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDD1YYYY) 07125/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER CONTACT NA E• PJCNNo, Ext : 914 337-1833 FAX 914 337-1596 } {AIC, Not:( } Brown &Brown of New York Inc. 800 Westchester Avenue, N-311 Rye Brook, NY 10573 E-MAIL DARIESS, certificates@bbinsny.com INSURERS AFFORDING COVERAGE - NAIC 4 INSURERA:Starr Indemnity 8r Liability Company 38318 INSURED INSURER B :AGCS Marine Insurance CO 22837 INSURER C : Felix Associates of Florida Inc INSURER D : 8526 SW Kansas Avenue Stuart, FL 34997 INSURER E : ' INSURER F : COVFRAGFS CFRTIFICATF NIIMRFR- REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SU9R WVD POLICY NUMBER POLICY EFF POLICY EXP fyyyyi LIMITS A X COMMERCIAL GENERAL. LIABILITY CLAIMS -MADE ❑X accuR Poll $1 M11 M X X 1000090305171 1213112017 1213112018 EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrE TO ence $ 100,000 X MED EXP (Any oneperson) 10,000 X Contractual Liab PERSONAL & AOV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑X PR COT- LOG OTHER: GENERAL AGGREGATE 2,000,000 PRODUCTS - COMPIOP AGG 2,000,000 A AUTOMoniLE: LIABILITY ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY SISIPCA08222917 12/31/2017 12/31/2018 COMBINED SINGLE LIMIT 100,000 X BODILY INJURY Perperson)_ BODILY INJURY Per accident $ PROPERTY DAMAGE Peraccident A UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 1000095184171 12/31/2017 12/31/2018 EACH OCCURRENCE $ 5,000,000 X AGGREGATE 51000,000 DED I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETORlPARTNERlEXECUTIVE Y ! N QFFICERIMEMBER EXCLUDED? Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A 100 0001956 02 12/31/2017 12131/2018 X PER OTH- TnT TE ER E.L, EACH ACCIDENT 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 B Installation Floater MX193070479 12131/2017 12l3112018 2,000,000 DESCRIPTION OF OPPRATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) The certificate holder, Including The Owner and Engineer, are included as an additional insured when required by written contract. A waiver of subrogation is included in favor of the certificate holder when required by written contract. Town of Jupiter 210 Military Trail Jupiter, FL 33458 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. FfAIdP s8T15 The ACORD name and logo are registered marks of ACORD Agenda Item #21. ATTACHMENT B Page 400 of 475 Agenda Item #21. Matthew Hammond From: Ed Ney <eney@felixassociates.net> Sent: Monday, July 19, 2021 3:49 PM To: Matthew Hammond Cc: John Gaddis Subject: [EXTERNAL] RE: TOJ - Reject Main Relocation Attachments: We sent you safe versions of your files; W1831 Change Order No. 1-Executed.pdf Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. **This Email was sent from an external source. Please be mindful of its content** Matt, The Village of Tequesta can piggyback off the attached agreement with the Town of Jupiter. See attached let me know if this will work, Thanks, From: Matthew Hammond <mhammond@tequesta.org> Sent: Friday, July 16, 2021 3:59 PM To: Ed Ney <eney@felixassociates.net> Cc: John Gaddis <JohnG@jupiter.fl.us> Subject: RE: TOJ - Reject Main Relocation Hi Ed. Can you please provide a letter allowing the Village of Tequesta to piggyback the agreement you have with the Town of Jupiter? Matthew Hammond, PE Utilities Director 345 Tequesta Drive I Tequesta, Florida 33469 Phone: 561.768.0459 Email:.mhammond@teguesta.org www.teguesta.org From: Ed Ney [mailto:eney@felixassociates.net] Sent: Thursday, July 15, 2021 3:03 PM To: Matthew Hammond <mhammond@teguesta.or> Cc: John Gaddis <JohnG@iupiter.fl.us> Subject: [EXTERNAL] Re: TOJ - Reject Main Relocation **This Email was sent from an external source. Please be mindful of its content** 1 Page 401 of 475 Agenda Item #21. Matt, Ok sounds good thanks for the update Sent from my iPhone On Jul 15, 2021, at 3:01 PM, Matthew Hammond <mhammond@teguesta.org> wrote: Yes, thanks Eddy. It will be on the next Regular Council Meeting (8/12) for approval. <1mage002.png> Matthew Hammond, PE Utilities Director 345 Tequesta Drive I Tequesta, Florida 33469 Phone: 561.768.0459 Email: mhammond@teguesta.org www.teguesta.org From: Ed Ney [mailto:enev@felixassociates.net] Sent: Monday, July 12, 2021 11:09 AM To: Matthew Hammond <mhammond@teguesta.org> Subject: [EXTERNAL] TOJ - Reject Main Relocation "This Email was sent from an external source. Please be mindful of its content' Matt, Just checking to see if you received the revised proposal, Thanks, Edward Ney Project Manager Felix Associates of Florida, Inc. 8526 SW Kansas Ave Stuart, Florida 34997 Cell - 772-370-9010 Office - 772-220-2722 enev@felixassociates.net <image003.jpg> This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com 2 Page 402 of 475 Agenda Item #21. This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com Page 403 of 475 Agenda Item #21. ATTACHMENT C Page 404 of 475 Agenda Item #21. CHANGE ORDER NO. 1 DATE ISSUED: OWNER: 8/21/2020 Town of Jupiter CONTRACTOR: Felix Associates of Florida, Inc. EFFECTIVE DATE: September 13, 2020 OWNER'S PROJECT NO.: W1831 PURCHASE ORDER M N/A PROJECT NAME: Unit Price Contract for Utility Infrastructure Repairs & Improvements (W1831) The Contract is modified as follows upon execution of this Change Order: Description: Contract Renewal for one (1) additional one (1) year term. Reason for Change Order: This change order implements a contract renewal for one (1) additional one (1) year term in accordance with the Contract provisions and adjusts the Contract Price for anticipated expenditures for the one year term renewal. All unit prices remain the same for this contract extension. CHANGE IN CONTRACT PRICE Original Contract Price: $ 880,000.00 [*,..easel [DeG.,.. sej from previously approved Change Orders No. 0 to No. 0: $ 0.00 Contract Price prior to this Change Order: $ 880,000.00 Increase this Change Order: $ 380,600.00 Contract Price incorporating this Change Order: $ 1,260,600.00 APPROVED BY OWNER: By: /1- .-L ck--- Aka`nda Z. Barnes, P.E., Town of Jupiter Title: Assistant Director of Utilities Date: 8/26/2020 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion: September 12, 2020 Ready for final payment: September 12, 2020 from previously approved Change Orders No. 0 to No. 0: Substantial Completion: 0 Calendar Days Ready for final payment: 0 Calendar Days Contract Times prior to this Change Order: Substantial Completion: September 12, 2020 Ready for final payment: September 12, 2020 Increase this Change Order: Substantial Completion: 365 Calendar Days Ready for final payment: 365 Calendar Days Contract Times with all approved Change Orders: Substantial Completion: September 12, 2021 Ready for final payment: September 12, 2021 ACCEPTED BY CONTRACTOR: By: Benjami6WIIIer, Felix Associates of Florida, Inc. Title: Vice President Date: F12 5-12 ozo Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies and American Society of Civil Engineers. All rights reserved. Page 1 of 9 Page 405 Of 475 Agenda Item #21. W1831 CHANGE ORDER NO. 1 (CONTINUED) Attachment A: Description of Changes Change in Contract Price: Approved PCO # Reason for Change Order Increase/ (Decfease) 2021 anticipated expenditures for utility infrastructure repairs and improvements $380,600* Net Change in Total Contract Price for Change Order No. 1 $380,600* *Subject to fiscal appropriation by the Jupiter Town Council in either or both the Town's Community Investment Program (CIP) and fiscal year operating budgets. Change in Contract Time: Approved PCO # Reason for Change Order Increase/ (DeEFease) One year contract term renewal 365 Calendar Days Net Change to Contract Time for Change Order No.1 365 Calendar Days This space was intentionally left blank. Proceed to next page. CopyrightO 2018 National Society of Professional Engineers, American Council of Engineering Companies and American Society of Civil Engineers. All rights reserved. Page 2 of 9 Page 406 of 475 Agenda Item #21. W1831 CHANGE ORDER NO. 1 (CONTINUED) Attachment B: List of Supporting Documentation Attachments: Table of Anticipated Estimated Annual Funding for Unit Price Contract for Utility Infrastructure Repairs & Improvements (W1831). Bid Proposal Unit Prices Submitted by Felix Associates of Florida, Inc. for W1831 and incorporated into Contract Documents. The unit prices remain the same for this contract renewal. A copy of the language in Article 3.3 from the Agreement between the Town of Jupiter and Felix Associates of Florida, Inc., which provides for the contract extension. This space was intentionally left blank. Proceed to next page. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies and American Society of Civil Engineers. All rights reserved. Page 3 of 9 Page 407 of 475 Agenda Item #21. Attachment 1 Estimated Annual Funding Budgets Anticipated for Town of Jupiter Utilities Unit Price Contract for Utility Infrastructure Repairs & Improvements (W1831) Year Project Location Pro'ect Description Estimated Annual Value Funding Source 2019 Center Street Replace Valves and Hydrants $50,000 Water Asset Maint. CIP 2019 Indian Creek (Wingfoot) Replace Valves and Hydrants $50,000 Water Asset Maint. CIP 2019 Indiantown Rd/S Pennock Replace Valves 550.000 Water Asset Maint. CIP 2019 Perigon Way Dist Improve Replace services, valves, hydrants $100,000 FY19 CIP Perigon 2019 Various Locations Large Meter Replacements 540,000 Large Meter CIP 2019 Various Locations Emergencyand Unexpected Repairs $150,000 Operating R&M 2019 Total $440,000 2020 Center Street Replace Valves and Hydrants $50,000 Water Asset Maint. CIP 2020 Indian Creek (Pinecrest) Replace Valves and Hydrants $502000 Water Asset Maint. CIP 2020 W Indiantown Rd Replace Valves $50,000 Water Asset Maint. CIP 2020 Mallards Cove/Jupiter Gardens Replace Valves and Hydrants $50:000 Water Asset Maint. CIP 2020 Chasewood North Replace Valves and Hydrants $50:000 Water Asset Maint. CIP 2020 Various Locations Large Meter Replacements $40,000 Large Meter CIP 2020 Various Locations Emergencyand Unexpected Repairs $150,000 Operating R&M 2020 Total $440,000 2021 Jupiter Dunes/400 Al A Replace Valves $50,000 Water Asset Maint. CIP 2021 Military Trl / Wood Duck Replace Valves $30,000 Water Asset Maint. CIP 2021 Military Trl / High School Replace Valves $50,000 Water Asset Maint. CIP 2021 Brentwood North Replace valves, hydrants, relocate services $60,600 FY21 CIP Brentwood 2021 Various Locations Large Meter Replacements S40,000 Large Meter CIP 2021 Various Locations Emergencyand Unexpected Repairs $150,000 Operating R&M 2021 Total $380,600 2022 Shores Replace Valves $50,000 Water Asset Maint. CIP 2022 PBCE Replace Valves $30,000 Water Asset Maint. CIP 2022 Jupiter Heights Replace Valves $50.000 Water Asset Maint. CIP 2022 Various Locations Large Meter Replacements $40,000 Large Meter CIP 2022 Various Locations Emergency and Unexpected Repairs $150.000 Operating R&M 2022 Total $320,000 2023 Admirals Cove Replace Valves $50,000 Water Asset Maint. CIP 2023 Jonathan's Landing Replace Valves $50,000 Water Asset Maint. CIP 2023 Various Locations (TBD) Replace Valves and Hydrants $50,000 Water Asset Maint. CIP 2023 Various Locations Large Meter Replacements $407000 Large Meter CIP 2023 Various Locations Emergency and Unexpected Repairs $150,000 Operating R&M 2023 Total $340,000 5 Year Grand Total $1,920,600 Copyright') 2018 National Society of Professional Engineers, American Council of Engineering Companies and American Society of Civil Engineers. All rights reserved. Page 4 of 9 Page 408 of 475 Agenda Item #21. Attachment 2 Bidding Company Name Town of Jupiter 210 Military Trail Jupiter, Florida 33458 Gentlemen: Felix Associates of Florida, Inc. PROPOSAL ORIGINALTO TOWN OF JUPITER UTILITIES The undersigned, as Bidder, hereby declares that the only Persons, company, or parties interested in the Proposal or the Contract to be entered into, as principals, are named herein; and that this Proposal is made without connection with any other person, company, or parties making a Bid or Proposal; and that it is in all respects fair and in good faith without collusion or fraud. That the Bidder has carefully and to his full satisfaction examined the attached Instructions to Bidders, General Conditions, Supplementary Conditions, detailed Specifications, and Form of Contract and Bond, together with the accompanying plans, and that he has read all addenda issued prior to the opening of Bids; and that he has fully examined the site and the project documents and hereby agrees to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor and other things necessary to the prosecution and completion of the work, to wit: Perform miscellaneous Utility infrastructure maintenance, repairs and/or improvements for the Town's Water and Stormwater systems under an hourly priced contract for the provisions of crews with equipment. Crews and equipment shall be available on as needed basis with no guarantee by the Town of the amount of usage. Work may include non -emergency and emergency work. The Town will direct purchase materials for non -emergency work with the Contractor providing the materials list. For emergency work, Contractor will purchase the materials after providing the Owner with an estimate of such. In both cases, the Contractor will be responsible for material delivery, schedule and coordination with the material vendor. This is a two year contract with the provision for contract extensions as described in the bid documents. Contractor shall agree to supply equipment and resources on Town location in advance preparation of a hurricane or natural disaster. Town shall be responsible for the cost incurred by the contractor. It is proposed that the project herein described shall be constructed for the Unit Prices as follows, all in accordance with the requirements and provisions of the Contract Documents. W1831 Page 20 of 52 CopyrightO 2018 National Society of Professional Engineers, American Council of Engineering Companies and American Society of Civil Engineers. All rights reserved. Page 5 of 9 Page 409 Of 475 Agenda Item #21. Attachment 2 (Continued) Unit Price Contract For Utility Infrastructure Repairs & Improvements (W1831) Bid Schedule of Values Item Estimated No. Item Description Quantity Unit Unit Price Total Amount Bid Iterns: 1 Indemnification 1 LS $ 100.00 $ 100.00 2 Bonds and Insurance 1 LS $ 5.06 $ 5.00 3 4 Man Underground Construction Crew 1 HR $ '115.00 $ 2-I5,00 4 Overtime Multiplier for 4 Man MULT. % $ q'5.00 $ +6 .00 Underground Crew 5 Combination Backhoe Loader 1 HR S 4o • oo $ 4d • oo 6 Hydraulic Excavator with Operator 1 HR $ 70. oo $ -70. 00 7 Dewatering with 4" Hydraulic Pump 1 HR $ 10,00 $ (6-oo 8 Dewatering with Well Points 1 DAY $ 5 40.00 $ 54b. 06 Total Bid Price: (Item Nos. 1-8)= $ l ;0 25 .06 Total Bid Price (in numbers): $ 2 5.00 Total Bid Price (in words): ONE TIiOutSA N b-T'vJ&)'7y- FLO(000LARS AUD No cTr)TS W 1831 Page 21 of 52 Copyrights 2018 National Society of Professional Engineers, American Council of Engineering Companies and American Society of Civil Engineers. All rights reserved. Page 6 of 9 Page 410 Of 475 Agenda Item #21. Attachment 2 (Continued) Haley Robertson From: Ben Miller <bmiller@felixassociates.net> Sent: Wednesday, June 27, 2018 4:21 PM To: Haley Robertson Cc: Amanda Barnes Subject: RE: Review of Felix Associates' Bid Submission for Town of Jupiter Utilities Unit Price Contract (W1831) Attachments: RE: Unit Price Contract For Utility Infrastructure Repairs & Improvements (W1831) Haley, $260/HR. This was based on the correspondence received from Brad in the attached email. We asked for clarification on this. Thanks, Ben From: Haley Robertson [mailto:HaIM ajupiter.fl.usl Sent: Wednesday, June 27, 2018 3:51 PM To: Ben Miller Cc: Amanda Barnes Subject: Review of Felix Associates' Bid Submission for Town of Jupiter Utilities Unit Price Contract (W1831) Good Afternoon, Thank you for your bid submitted to the Town of Jupiter Utilities for the Unit Price Contract for Utility Infrastructure Repairs & Improvements (W1831) on Wednesday, June 27, 2018. In order for us to properly review your bid, please confirm your Hourly Rate for Overtime 4 Man Underground Crew. Please respond with confirmation of the item above by 8:30am, June 281h in order for us to proceed with our review. Should you have any questions, please let me know. Thank you, Haley Robertson Administrative Specialist I Utilities Phone (561) 748-2706 Fax (561) 746-2792 NEW HaleyR@jupiter.fl.us PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the Town of Jupiter officials and employees regarding public business are public records available to the public and media upon request. Your e-mail communications may be subject to public disclosure. Under Florida law, e- mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies and American Society of Civil Engineers. All rights reserved. Page 7 of 9 Page 411 of 475 Agenda Item #21. Attachment 2 (Continued) Haley Robertson From: Brad Wagner Sent: Monday, June 25, 2018 8:20 AM To: Ben Miller Cc: Brad Wagner Subject: RE: Unit Price Contract For Utility Infrastructure Repairs & Improvements (W1831) Ben —The multiplier does not need a quantity, it is simply the percentage charged on the crew cost per hour for overtime. Second question answer is $50.00. The operator is covered under operator/foreman in the 4-man crew, the excavator would not know it's on overtime..... From: Ben Miller(mailto:bmiller(oifelixassociates.net] Sent: Saturday, June 23, 2018 8:41 AM To: Brad Wagner Subject: Unit Price Contract For Utility Infrastructure Repairs & Improvements (W1831) Importance: High Brad, Hope all is well. I am working on the above referenced bid and I am confused on how to enter the overtime multiplier for Bid Item 4. There is no quantity and the unit of measure is `Y, however it appears you want a dollar value and the measurement and payment section states that this bid item is to be paid "hourly". Hypothetically speaking, if we had a crew rate of $100/hr and wanted to propose a 1.5 times multiplier, would we enter $150 in the bid schedule of values or just the increase of $50? Or do we write in 150% and not have it add to the bid total? Additionally, how is overtime for the Hydraulic Excavator with Operator handled? Thanks, Ben Benjamin Miller Vice President / General Manager Felix Associates of Florida, Inc. 18526 SW Kansas Avenue I Stuart, Florida 34997 (772) 285-1846 - c / (772) 220-2722 - o / (772) 220-2728 - f / bmiller(@felixossociates.net www.felixossociates.net AsaocIAsas OF FLORIDA. IXCV PLEASE NOTF,: Florida has a very broad public records law. Most written communications to or from the Town of Jupiter officials and employees regarding public business are public records available to the public and media upon request. Your e-mail communications may be subject to public disclosure. Under Florida law, e- mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies and American Society of Civil Engineers. All rights reserved. Page 8 of 9 Page 412 of 475 Agenda Item #21. Attachment 3 Article 3. CONTRACT TIME. 3.1. The Work will have a substantial completion date after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and as outlined below. The work will be completed and ready for substantial and final payment in accordance with Article 14 of the General Conditions and as outlined below: Substantial Completion: 730 calendar days from Notice to Proceed Final Completion: 730 calendar days from Notice to Proceed 3.2 Unless extended or terminated, the period of performance of this CONTRACT shall commence upon the effective date of execution by the OWNER and continue for a period of 2 years or seven hundred and thirty calendar days (730 days). Written Notice to Proceed and Work Order duration will be mutually agreed upon by both the CONTRACTOR and OWNER and provided in Work Orders outlining work. The CONTRACTOR shall not proceed with work under this CONTRACT until a Work Order with written Notice to Proceed is received from the OWNER. 3.3 The initial term of the Contract will be two years (730 calendar days) from the date of Notice to Proceed. Owner may at Owner's sole discretion renew this Contract for one (1) additional two (2) year term and one (1) additional (1) year term for a total Contract period of five (5) years. It is solely the responsibility of the Contractor to initiate any renegotiation of the Unit Prices of the Contract sixty (60) days priorto the expiration date of the Contract. Failure to initiate renegotiation of rates sixty (60) days prior to the expiration date will result in the continuation of the Unit Prices in the Contract until the next expiration date. Owner reserves the right to terminate negotiations and continue work under existing rates or terminate the Contract. Regardless of anything to the contrary, this Contract may be terminated by the Owner at any time and for any reason. Further, the Contractor agrees that it will not be entitled to any claims and/or damages resulting from such termination, including, but not limited to, lost profits, direct or indirect damages, and consequential special or punitive damages. 3.4 The parties agree that the TIME IS OF THE ESSENCE, in the performance of each and every obligation under this CONTRACT. The CONTRACT may be changed only by a change order to the CONTRACT Work Order amendments to individual Work Orders must be completed in writing and signed and dated by Contractor and Owner. 3.5 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (But not W1831 Page 39 of 53 Copyrightc 2018 National Society of Professional Engineers, American Council of Engineering Companies and American Society of Civil Engineers. All rights reserved. Page 9 of 9 Page 413 of 475 Agenda Item #21. The following document is presented in a non- ADA compliant format. Please contact the Village Clerk's office if you would like to receive an ADA compliant version of this document. Page 414 of 475 Agenda Item #21. PROJECT WORK AUTHORIZATION NO. I WITH FELIX ASSOCIATES OF FLORIDA FOR UTILITY RELOCATION THIS PROJECT WORK AUTHORIZATION NO. 1 is entered into and effective this day of , by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469-0273, organized and existing in accordance with the laws of the State of Florida, hereinafter the "Village"; and FELIX ASSOCIATES OF FLORIDA, INC., a Florida corporation with offices located at 8526 SW Kansas Avenue, Stuart, Florida, 34997, hereinafter the "Contractor" and collectively with the Village, the "Parties". 1.0 Authorization This Project Work Authorization is issued pursuant to the Agreement for Utility Infrastructure Repairs & Improvements services between the Village and the Contractor, dated August 12, 2021, hereinafter the "Agreement". If there are any conflicts between the terms and conditions of this Project Work Authorization and the Agreement, the terms and conditions of the Agreement shall prevail. 2.0 Project Description: The Utilities Department has identified a need to relocate a section of the existing concentrate disposal line as required by the Florida Department of Transportation in conjunction with the relocation of the Jupiter Federal Highway Bridge. 3.0 Scope of Services Under this Project Work Authorization, the Contractor will provide the construction services to the Village as detailed in the scope of work incorporated herein as Attachment "A". 4.0 Schedule The services to be provided under this Project Work Authorization shall be Substantially Complete within sixty (60) calendar days and Finally Complete within ninety (90) calendar days from the Village's issuance of a Notice to Proceed. 5.0 Liquidated Damages Contractor shall pay the Village $50 for each day that expires after the time (as duly adjusted pursuant to the Agreement) specified in the Schedule above for Substantial Completion or Final Completion until the Work is substantially complete or finally complete respectively. 6.0 Compensation In consideration for the above Scope of Services and within the Agreement, pricing shall be pursuant to the Agreement. In consideration for the above Scope of Services and pursuant to Page 415 of 475 Agenda Item #21. Attachment "A", the Village shall pay the Contractor a total amount not to exceed fifty thousand one -hundred and fifty-three dollars and five cents ($50,153.05). IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: FELIX ASSOCIATES OF FLORIDA, INC. ATTEST: Lori McWilliams, MMC Village Clerk By: Benjamin Miller, Vice President (Corporate Seal) VILLAGE OF TEQUESTA By: Frank D'Ambra, Mayor (Seal) Page 416 of 475 Agenda Item #21. ATTACHMENT A Page 417 of 475 Agen 1. FIEL ASSOCIATES OF FLORIDA, INC. 8526 SW KANSAS AVENUE STUART. FL 34997 Proposal Page 1 of 1 PROPOSAL SUBMITTED TO: John Gaddis DATE 7/8/2021 Proposal #: 37-R COMPANY: Town of Jupiter JOB NAME: 12" HDPE Reject Main Relocation CONTACT: John Gaddis PHONE: 561-262-6270 ADDRESS: 3131 Washington St CITY, STATE Jupiter, FL 00458 & ZIP: We hereby submit a Proposal for the Following. Mobilization to the site, provide Labor, Equipment, Materials and MOT to install 12" HDPE reject main line. Mob to site, locate utilities perform soft digs, locate 12" exist reject main, set well points and install trench box if needed. Layout 12" HDPE and fuse Pipe and Fittings on the HDPE, layout for the new 12" reject main. Dig out for the new 12" HDPE reject line and Tie into existing line, test. Remove the 12" and 8" DIP install Base rock and compact. Install Asphalt and sod clean up and demob. TOJ to supply surveyor services for Locate, layout and as-builts. Felix to Supply Materials, Labor, Equipment, Trench box, dewatering & Sod. Item Qty I Units I Unit Price I Total Price General Conditions 1 LS $ 1,356.76 $ 1,356.76 4 Man Underground Construction Crew 32 HR $ 215.00 $ 6,880.00 4 Man Underground Construction Crew 6 HR/OT $ 260.00 $ 1,560.00 Hydraulic Excavator w/ Operator 32 HR $ 70.00 $ 2,240.00 Combo - CAT 420 32 HR $ 40.00 $ 1,280.00 Dewatering W/4" Hydraulic Pump 24 HR $ 10.00 $ 240.00 Dewatering W/Well Points 3 Days $ 540.00 $ 1,620.00 Materials (Sod, ect) 1 LS $ 2,875.00 $ 2,875.00 Solomon Trucking 16 Hrs $ 68.25 $ 1,092.00 McDade Waterworks 1 LS $ 22,695.90 $ 22,695.90 K3 Directional Drilling 1 LS $ 5,827.50 $ 5,827.50 Trench Box (If needed) 1 LS $ 954.66 $ 954.66 Bobs Barricade (MOT) 1 31 Days 1 $ 510.41 1 $ 1,531.23 Total 1 $ 50,153.05 Respectfully Submitted: Date: 7/8/2021 Signature Printed Name / Title Page 418 of 475 Agenda. Item #21. FEUXAS50CIATESOFFLORlDkINC. w4upp' 12" HDPE Reject Main Relocation General Conditions i Materials x Subcontractors 021u*: 7f$i2021 Leber RAK Ldraments Daeoriptkm He* Hr* Rah Rasa Armnunt Superinlende:--L 1.00 10.00 $ 70.33 5 70.33 $ 703.30 Driver - Lowboy 1.00 3.00 $ 32.12 S 48.1 B $ 56.36 Project Manager 1.00 1.00 $ 78M $ $ 7000 - - 5 IS $ - 5 3 $ 5 5 $ 5 $ $ S $ $ Sub AbW $ 877-66 E ul mient rulirlamente D"Crilpifpn Qiy HM FIFA Rwtw Rain Amnunt 50T Lowboy Traiier 1A0 3.00 S 24.07 $ 14.12 $ 72 21 i{erlvlodh Truck Tractor 1.00 3.00 - S 76.64 $ 26.84 $ 220 02 $ $ $ - S $ $ S $ $ S $ $ S $ $ S $ $ 5 S $ Sub raw S W2-13 Subtotal General Conditions, S 17S.7g Labor A Equipment' 15% $ 176.97 Total General Conditions 5 1,356,86 Mutedid Rog ulremsnts D"OrllAlan Qty unit Rafts TOM fdrdml Ain nmorrt Miscellaneous Sod, Besemck, Asphalt etc. 1.00 LS LS S 2,vy70-00 5 831714 > 2,500-00 $ 830-14 Trench Box 1.00 McDade Wawmrks HDPE Material 1103 LS 5 19,735-57 b 19,735-57 sub rods! S Y 09S 71 Mtir+l�'1�6 $ .8B Tots) Matsrlals 26M.57 Subcontractor Rmquirecnerft DarertpBW OW ling Rst9 Told Ewab's Swricades MOT 3.00 S 486 10 $ 1,459-80 SQIQf pn TnOin wncmte, Pipe 8 aWhaff di sat 16A0 Hrs S 65 K it3 Dlrealoml Ddlkng 1.01) LS S E,,6.50 00 $ $,r$50-00 rat S O48.3tl Suhcnniractors * 5 4lk2A2 Total Subcontradors SAW.72 Mlso. Daarlptlon Qty Amount out ?bW Total Mimi - Pitonfle andVr TOJ 36,333-04 HEWA KS : Page 419 of 475 Agenda' Item #21. FEUXAS50CIATESOFFLORlDkINC. wFi2p21 12" HDPE Reject Win Relocatiorl C4) ntrad Line Items rate: 702021 duration: 32.00 Hrs A. - Labor Requirements D"atipu0n Qly Alrcrnht nnm.lhea Rtrainhl ni rflmw Teda 4 Man and round Crew 1 00 32.00 6.00 215 UC $ 2b00,0o S 8,440.00 S 4 $ rr 4 s _ $ - - &* ' VA S 6,449.00 B. - ul meni ulraments f1a"Mptlan Qly Onarwlwd Rtanrihv nI FRIFA fliandhv T[`tsy Hydraulic Excovow w+ Opetator 1.00 32.00 24.00 70.40 10. G 540.13G S 701.00 S 10,00 S 540.00 S 40.00 2 40,00 Dewited W 4" Plydraullc PLm 1.00 240.00 Dewatedrin wl Well Points d 1.00 3.00 1,620.00 Combo - CAT 420E 1.00 32.00 40:13C 1,280.00 5 S S S S S 5 5 5 5 5 Waarlp11on QLy unit RAM ikax Amount 5 = - $ S - s = s row iDaryl Mob to siu-. lacaie uliliiies perform soft digs. lQmte 12" enW reject man, peg till pints and noall Inch box ff needed- Cay 2 Lapu1 12" HDPE and fuse Pipe and Filtinge, an the HDPE, layout for the now Ur onjed main Day 3 D Jul For the new 12" HDPE *act Fine 8rtd Tie into "irting line, t L Ftemovq the 12' and B' DIP install Ram rack and corn acl Cay 4 Install AsphalL and sod clean up anti demob Sheet Total: 78„ 2Ct.(i0 REMARK , Page 420 of 475 Agenda Item #21. Rental Quotation 4201 Kean Road Daiie, FL i 1??2-7 0 www tprco com www efficiencyshorina com F a�d_ Cho Customer Information General Information Job in/ormotion Company: Felix & Associates Date: 6/14/21 Street: Attention: Edward Ney Requested By: City, St, Zip: Jupiter, FL Phone: 772-370-9010 Payment Terms: Net30 Contact: email: Enev# FelixAssociates net Quote Good From: 6/14/21 To 7/14/21 Phone: 12" HDPE Main Y% IF r _ 1XC;11 LCL 1111U1111d1,1U11 QTY Model Description Daily Rate Weekly Rate Monthly Rate Weight Each Weight Total Each Total Each Total Each Total 6 BBP-26 6 ft. Alum build a box panel $19.00 $114.00 $38.00 $228.00 $114.00 $684.00 4 BBC-72 6ft. Corner Posts 4 XL=36-60 Adjustable Spreaders 36"x6O" 1 4 way 4 way Sling $16.00 $16.00 $32.00 $32.00 $96.00 $96.00 4 Lugs Lifting lugs n/c Equipment builds a 2 sided box 6 Ft Deep x 6 ft Long x 4 ft wide $130.00 $260.00 $780.00 AL 0 Delivery: $200.00 i $0.00 $200.00 $0.00 $200.00 $0.00 Totals: $130.00 $260.00 $780.00 O Tax will be calculated on later invoice Tax: X --Tax calculated of: 7.00%sales tax Grand Totals: $9.10 $18.20 $54.60 Total Loads: 0 $615.07 $830.14 $1,690.42 Last Revised 6/25/15 Daily Rental Weekly Rental Monthly Rental Note. Each load is BY CR Gonism& rnt li d6nmug®m Consultant: Ma+iidlitath Branch: 01hRmi Mobile:9M"9%4999 email: MimmBiLM171911tcomm Official Distributor Of... "Rental Rates include one time charge of both Delivery & Pick -Up" Calculated of Max Carry lbs. of: 46000 Special Notes: Please, do not hesitate to contact us at anytime with questions or concerns. Thank Tau for choosing Trench Plate Rental co., anol'ficial Efficiency Production, Inc. trench shielding and shoring equipment distributor. Page 421 of 475 Agenda Item #21. K3 DIRECTIONAL 40r) DRILLING INC. K3DD DRILLING PROPOSAL / CONTRACT This bid proposal is strictly confidential and meant solely for our prospective client and not to be shared without K3's prior written approval. June 28, 2021 Felix Associates of Florida Inc. 8526 SW Kansas Ave Stuart, FL. 34997 Attn: Ed Ney Re: Jupiter Cove Crossing Fusing K3 Directional Drilling, Inc. (hereinafter '13") proposes to provide Horizontal Directional Drilling (HDD) services that include all labor and relevant equipment and tooling for the prices indicated. THE FOLLOWING ARE INCLUDED IN THE ESTIMATE: • Mid -size fusing rate @ $1,850 per day (anticipating 3 days) = $5,550.00 • All MOT by others • K3 to supply fusing machine & fusing tech • Felix to handle material and assist tech • Material not included • No retainage will be held from K3 by the owner or general contractor. • Bonding available at 2.5% of total invoiced contract amount ADDITIONAL COSTS: A. Additional mobilization and demobilization to site for any reason will be at a rate of $2,500.00 per move each way for an HDD spread. B. This proposal does not include any stand-by time due to delay or suspension of operations for any reason not created by K3, its subs or its suppliers including, but not limited to, waiting on Owner or General Contractor to complete any portion of their work or change in the site conditions. Our standby rate for our HDD Spread is $350.00 per hour up to five hours, or $2,800.00 per shift. If K3 loses the hole, and K3 must re -drill, it shall be treated as a new bore hole and K3 will be paid the contract price for the additional work. Contractor Initials Page 1 of 3 Subcontractor Initials Page 422 of 475 McDade Waterworks 6/2212021 Page 1 Agerid'bditWin #21. June 1 Post Office Box 16039 - Tampa, FL 33687-6039 13) 740-1144 - FAX (813) 627-9387 Serving the Water & Wastewater Plant Industry for over 30 Years, Please visit us at: www.mcdadewaterworks.com FELIX ATTN: EDWARD NEY ❑� Net Price cuts to follow Project Name: 12" HDPE REJECT MAIN RELOCATION -VILLAGE OF TEQUESTA McDade Project #: Bid Date: JUNE 18, 2021 Addendum: NO ADDENDUM, NO SPECS, PLANS (3 PAGES) ARRA, AIS, or Domestic Requirement - No BID OTY SIZE DESCRIPTION WEIGHT UNIT ITEM EACH 12" HDPE Reject Main Relocation 120 12" X 40'-00" HDPE SDR-11 DIPS O.D. PIPE PURPLE STRIPE 6 12" HDPE SDR-11 DIPS O.D. FLG ADAPTER WITH 316SS BACK UP FLANGES 4 12" HDPE SDR-11 DIPS O.D. 45 BEND 6 12" FLG ACCY SET SDR-11 TO SDR-11 (316SS FINISH HEX W11i8" FULL FACE RED RUBBER GASKET)(7" LONG) TOTAL THIS BID ITEM - TAX NOT INCLUDED FAS TOTAL ALL BID ITEM - TAX NOT INCLUDED HDPE TOTAL ALL BID ITEM - TAX NOT INCLUDED GRAND TOTAL ALL BID ITEM - TAX NOT INCLUDED EXT $45.88 $5,505.60 $1,857.65 $11,145.90 $280.00 $1,120.00 3112.16 $672.96 $18,444A6 Notes: 1 Due to the volatile raw market All C-900 PVC, C-905 PVC, HDPE, SOR 35, Sch 80 PVC, Sch 40 PVC. Stainless Steel, Coarser & brass Pipe. Fittings, Valves. etc willlmay need to be re -quoted at the time of purchase. Pricing Subiect to Availability. **' HDPE prices are good till 611912021 *" Stainless Steel prices are good till 611912021 2 McDade Waterworks, Inc. reserves the right to apply "Price in Effect' at time of delivery due to shortages andlor further "Force Maieure" declarations by manufacturer(s). McDade Waterworks, Inc will not be responsible for industry price changes or shortages beyond our control. 3 Due to the volitility of the raw PVCIHDPE material market this quotation is valid until 6/19/2021 at which time the order must be placed or this quotation is automatically voided. All backorders will be shipped, "Price In Effect' at time of shipment, If for any reason pipe is delivered after the terns of this quotation . 4 Flange Accessories Set Prices are Firm for 24 hours from Bid Date, & Must Ship Within 14 Working Days from Bid Date. 5 Line drawings are not included. If needed add $1,000.00 per sheet. 6 No Spare Parts for any components on take -off are included, unless noted otherwise. — DISCLAIMER: McDade Waterworks, Inc. reserves the right to increase prices and/or change escalation terms at any time based on the potential of continued cost volatility. Confidentiality. Both McDade and Customer agree that the terms of this quotation, including the attached pricing are confidential and shall be held in strict confidence by both parties and may not be disclosed unless required by law. Customer agrees not to post or publicly display the terms or the pricing. Customer also agrees that any discussions or negotiations regarding the attached pricing or any changes thereto (including but not limited to future pricing offerings) are also confidential and are pursuant to this provision of confidentiality. $672.96 $17, 771.50 $18,444.46 Page 423 of 475 Agenda Item #21. Ed Ney From: Christian Fracchia <Christian@MCDADEWATERWORKS.COM> Sent: Tuesday, June 22, 2021 9:36 AM To: Ed Ney Cc: Paul LaBombard; Mike Worrell; John Bunn Subject: RE: Town of Jupiter Quote Ed, The lead times for the HDPE materials are 7-8 weeks. Thank you, &McDade Christian Fracchia Main Office Phone: (813) 740.1144 Waterworks, Inc. Fax: (813) 627-9387 E-Mail: christian .mcdadeavaterworks Web: http://vvww.mcdadewaterworks.com Mailing: P.O. Box 16039 - Tampa, FL 33687-6039 Physical: 6520 Harney Road - Tampa FL. 33610 From: Ed Ney <eney@felixassociates.net> Sent: Friday, June 18, 20219:33 AM To: Christian Fracchia <Christian@MCDADEWATERWORKS.COM> Cc: Paul LaBombard <paul@MCDADEWATERWORKS.COM>; Mike Worrell <mike0MCDADEWATERWORKS.COM>; John Bunn <jbunn@MCDADEWATERWORKS.COM> Subject: RE: Town of Jupiter Quote Thank you, Edward Ney Project Manager Felix Associates of Florida, Inc, 8526 SW Kansas Ave Stuart, Florida 34997 Cell - 772-370-9010 Office - 772-220-2722 eney@felixassociates.net F Jigs i A►'wctwras at ss owner. nv From: Christian Fracchia <Christian@MCDADEWATERWORKS.COM> Sent: Friday, June 18, 2021 8:40 AM To: Ed Ney <eney@felixassociates.net> Cc: Paul LaBombard <paul@MCDADEWATERWORKS.COM>; Mike Worrell <mike@MCDADEWATERWORKS.COM>; John Page 424 of 475 e �1 3 r r r r r r r r r r � r r , r r �{ 'sue}o�aassq putt uaQH4Iu-Ol a} d}iligoil ;wq;lm aq llcius aul `.sa}aiaossy puu uaoH—"ILUIN Aq u+ui}a}dopn puc= ugjDzpog4nra ua}}liM }nou}inn }uauanuap Elul f)MP'H1ncis — NV -Id NOLLV30-138 Llr-,id\wciln-iosdd 1-IFdN n li 11, a © Q � X o Z T!_ < z U Q ~ €n m U Z`t u) U J X L1l c 3 Li Lil i3'_ !YR wJ lV Q Z o C7 ► ' C ) a J W w �{ 'sue}o�aassq putt uaQH4Iu-Ol a} d}IINDII ;-g;Inn aq Ilous aul `.sa}alaossy puu uaoH—IL-UI l Aq u+ui}a}dopn puD ugjDzpoy}naa taa}}la,u }no471m }uauanuap s]41 E'MP'HIi I,DS — NV-1d NOIL D013J I.— \-LISUC'Id\NO11mo-,E3J 1JIl-JNC