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Agreement_General_8/12/2021_Felix Associates of Florida
VILLAGE OF TEQUESTA AGREEMENT FOR UTILITY INFRASTRUCTURE REPAIRS AND IMPROVEMENTS THIS AGREEMENT FOR UTILITY INFRASTRUCTURE,gEPAIRS AND Aµf , f2 Dirt. � , IMPROVEMENTS is entered into and effective this /1- day of--0 1, by and between the VILLAGE OF T E Q U E S TA, 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 terms, 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 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 2-421-2-432 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(1)(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 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 term, 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 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: Ao�� - ki� ATTEST: Lori McWilliams, MMC Village Clerk FELIX ASSOCIATES OF FLORIDA, INC. By: Be Miller, Vice President (Corporate Seal) VILLAGE OF TEQUESTA By: Frank D'Ambra III, Mayor wcS)EAL GRATED Page 7 of 1 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 ORIGINAL MAYOR VICE MAYJOR COUNCILOR COUNCILOR COUNCILOR TOWN MANAGER DIRECTOR OF UTILITIES 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 '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 INSTRUCTIONS TO BIDDERS 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 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(a)-jupiter.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. W 1831 Page 8 of 53 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. W1831 Page 10 of 53 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. 15. 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 prior to 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. 0 WOTA 3L:? 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 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 W1831 Page 14 of 53 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 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 Trl / Wood Duck Replace Valves $30,000 Water Asset Maint. CIP 2021 Military TO / 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 W 1831 Page 18 of 53 Bidding Company Name: Town of Jupiter 210 Military Trail Jupiter, Florida 33458 Gentlemen: Felix Associates of Florida, Inc. PROPOSAL TOORIGINAL 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, togetherwith 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, W 1831 Page 20 of 52 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, $260/1-111. This was based on the correspondence received from Brad in the attached email. We asked for clarification on this. Th a n I<s, Ben From: Haley Robertson [mailto:HaleyRQupiter.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 28`h 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 HaleyRCcD u iter us PLEASE NOTE: Florida has a very broad public records law. Most written conununications 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 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, EL 33458 W1831 Page 22 of 52 ENGINEER CONTACT NAME AND PHONE NUMBER ENGINEER ADDRESS (4) NAME & LOCATION OF PROJECT South Transmission Main Crossing of I-95 and the Turnpike at Donald Ross Road BIDDER WAS [x] 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 2101. NW Corporate Blvd, ##301, Boca Raton, FL 33431 NOTE Bidder: Additional projects to assist Owner in determining qualifications are welcome. Copy this form and attach additional pages as needed. Major Subcontractors: 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 62 The undersigned states that this proposal is the only proposal forth is 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 `,, l I t i f. I f, f�''' NR`E, rr' 'pFcpC',gff (�• nF' I D h W 1831 Page 26 of 52 t..— s 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 Yorlc, 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 Lo s to the table below: Statistic Year: 2017 Year: 2016 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 1 0 0 0 1 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 ii W1831 Page 28 of 62 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. 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 W 1831 Page 30 of 52 I 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 (Type of identification) My commission expires (Printed typed or stamped commissioned name notary public) W 1831 Page 32 of 52 Florida "W ep AIXAVEGA - �:= MY COMMISSION M FF 902721 EXPIRES; July 22.2019 RBonded ThiuW[myPubtcUndefyders 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 ($ I 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 $300,000, NOW THEREFORE, the conditions of this obligation are such that if the Proposal be accepted the Principal shall within fifteen (15) days after receipt of notification of the acceptance thereof, execute a contract in accordance with the Proposal and upon the terms, conditions and price set forth therein, in the form and manner W 1831 Page 34 of 52 ACKNOWLEDGEMENT OF SURETY State of New Jersey ] -ss County of Passaic ] On 06/27/2018, before me personally came Lisa Nosal to me known, who, being by me duly sworn, did depose and say that she is an attorney -in -fact of Philadelphia Indemnity Insurance Company the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation, and that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof, My Commission expires: — G = ��u� Notary Public STEPHANIE F. Foy NOTAfjy PUBLIC STATE: OF PIEW JERSEY JW CNAIS$��I��.Q�,TQB R 27,_2018 PHILADELPHIA 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, Bonds (fair value $6,911,411 and $6,366,973) $ 6,708,174 $ 6,256,540 Preferred stocks (fair vatre $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 1 3,518 Other invested assets (cost $234,392 and $210,393) 240,475 216,318 Receivables for securities 399 2,527 Cash, cash equivalents and short-term investments _ 140,469 _._ 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 5 R.653 171 81081 000 Liabilities and Cauifid and Surplus Liabilities; Net unpaid losses and loss adjustment expenses $ 4,263,696 $ 3,856,578 Net uneamed premiums 1,533,201 1,449,732 Reinsurance payable on paid less and loss adjustment expenses 23,933 13,357 Ceded reinsurance premiums payable 80,592 72,331 Commissions payable, contingent commissions and other similar charges 225,361 249,22.5 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 Total liabilities $ 6,336,802 $ 5,809,503 Capital: Common stock, par value of.$!0 per share; 1,000,000 shares authorized, 450,000 shares issued an(] outstanding 4,500 4,500 Surplus: Gross paid -in and Contibuted surplus 386,071 386,071 Unassigned surplus I,2179. 1.880,M. Total surplus 2,311,869 2,266,997 Total capitul and surplus 2,316.369 2,271,497 Total liabilities and capital and surplus L -8,6.i3,L71 _-_4$1_- The undersigned, being duly sworn, says: That sbe 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 ofthe said Cmnpany 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 leer knowledge and belief the above statement is a full, true and correct statement of COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Attest: KimborlyA, Kessleskl, Notary Public Lower Merlon Twp., Montgomery County MYCommlBslonExplfes Doc, 16,2020. EM ER,PENN9YVANUASSOGIA7tONOFNOTARIES Sworn to before me this 6th day of )uric 2018. FELIASS-03 SKUSHNER CERTIFICATE OF LIABILITY INSURANCE FDAT211/2ODIYYYYJ 211l2018 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 regLllre an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Brown & Brown of New York Inc. 800 Westchester Avenue, N-311 Rye Brook, NY 10573 CO TACT PHONE FAX (AIC, No, Ext): (914) 337-1833 IAIC, NaI:(914) 337-1596 E-h1 g''L . certificates@bbinsny.com INSURER(S) AFFORDING COVERAGE NAIC it INSURER A: Starr Indemnity &Liability_Com an 38318 INSURED INSURER B :Travelers Property Casualty Company of America 25674 Felix Associates of Florida, Inc, INSURER C AGCS Marine Insurance Co _ 22837 INSURER D : 8526 SW Kansas Avenue Stuart, FL 34997 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMRFR- RFVIGIrTN Nf1MRER• THIS IS TO CERTIrY 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 SUBR WVD POLICY NUMBER POLICY EFF MIA DD POLICY EXP DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I X1OCCUR Poll $1M11M 1000090305171 12131/2017 12/31/201a EACII OCCURRENCE 1,000,000 $ X DAMAGE TO RENTED PR I FS E occunanc _ 100,000 MED EXP An one Person) 10,000 X Contractual Liab ER PERSONAL&ADV INJURY 11000,000 _ GENL AGGREGATE LIMIT APPLIES PER: POLICY O JEC LOC GENERAL AGGREGATE 5 2,000,000 PRODUCTS - COMPIOP AGG S 2,000,000 $ OTHER: A AUTOMOBILE X LIABILITY ANYAUTO OWNED SCHEDULED AUTOS ONLY AU INOpS�y SISIPCA08222917 12/31/2017 12/31/2018 COMBINED SINGLELI�MIT Ea nccidm,t S 1,000,000 BODILY INJURY Perperson) S _BODILY INJURY (Per accldenll S PerOaiGdent AMAGE $ p AUTOS ONLY ANUOTOS ON Y S A UMBRELLA LIAS [I OCCUR EACH OCCURRENCE S 5,000,000 X MCESS LIAR CLAIMS -MADE 1000095184171 12/31/2017 12/31/2018 AGGREGATE 5,000,006 DIED RETENTION S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY pROPRIETORIPARYNEWEXEGU7IVE OFFICErMEMBER EXCLUDED? (Mandatory In NH) If yes, desuibe, under OE3 RII'TION OF OPERATIONS below NIA _ 100 0001956 02 12131/2017 12/31/2018 X PER OTH. S LIE F E.L. EACH ACCIDENT 1,000,000 E.L, DISEASE - EA EMPLOYE 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ B Excess Llability ZUP-31M90780-17-NF 12/3112017 12/311201a Occurrence/Aggregate 5,000,000 C Installation Floater MX193070479 12/31/2017 12/31/2018 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ACORD 101, Additional Remarks Schedule, may be allachod if more space Is raqulrod) Proof of coverage. 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 REPRESE✓NT)ATIVE j? J ACORD 25 (2016103) 0198E-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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(o)..iupiter.fl.us should you have any questions. We look forward to working with you on this Contract. Sincerely, A 4�� Brad Wagner Town of Jupiter Senior Utilities Engineer W1831 Page 37 of 53 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 W 1831 Page 39 of 53 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 (VVingfoot) 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 A Replace Valves $50,000 Water Asset Maint. CIP 2021 Military Trl / Wood Duck Replace Valves $30,000 Water Asset Maint. CIP 2021 Military TO / 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 41 of 53 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 other terms 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 W 1831 Page 43 of 63 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 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 �,VV) 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 SPA • 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 ACKNOWLEDGEMENT OF SURETY State of New Jersey ] I-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: Notary Public STEPHANIE F. FOY NOTARY PUBLIC STATE OF "I"N ARSEY &1Y C0N"M18SIOIJgj% bCtQQF.R 27, 2016 Bond No.PB10662400256 PAYMENT BON® 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 ($ 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 den 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 laborwas 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 63 `11411111►►1 I \AT ES ''�,, Signed and sealed this �� day of r 2018 ; �G C'J�Pc�q�� Felix Associates of Florida, Inc. = Q Principal Witness wt.E Poe - Witness Stephanie F. Foy W1831 Page 51 of 53 �ww-•� ��U� •�=tee Title V p t t �, f3 �nJJ larvt�V MM-M Philadelphia Indemnity Insurance Company Surety , (Seal) Title Lisa Nosal, Atty-in-fact 1418 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney 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 Aeencv, Inc.. its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereot 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 PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14t° 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 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 seal 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 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 AFFIXED BY ITS AUTHORIZED OFFICE THIS 277H DAY OF OCTOBER, 2017. (Seal) .. ..., Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27'" 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. cou nroca NH v NOTAR- EAt Notary Public: toner 6gMnTrtp_!b°gmreryCeunl/ MrCemmiuin EspYu 56p1.16, ]➢21 residing at: (Notary Seal) My commission expires: Tn,�"t2 Bala Cynwyd- PA September 25, 2021 L 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'" 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 ofPHILADELPHIA INDEMNITY INSURANCE COMPANY, i*, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day oSqA Y 20 18 Edward Sayago, Corporate Secretary `, PHILADELPHIA INDEMNITY INSURANCE COMPANY 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. r Thomas J. Baird, Esq Attorney for Town of Jupiter This the �2 day ofa6641,9�,2018. W1831 Page 52 of 53 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By A 1, F National Society of ASCE American Society Professional Engineers of Civil Engineers AAnaiare Camacn Ul l°.V41A11 k191. CO}IINSIH Protosslonal Englneorsln Prlvale Pracllm PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by "t rrnr><� ZLiL �n.minrr The Associated General Contractors of America ( n e 1m Greatly eSuss 1 and SuslaMine the EW1 Envlrnnmenl Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professionni Engineers for EJCDC. All rights reserved. 00700 - 0 EJCDC C•700 Standard Gcneral Conditions of the Construction Coutract, Copyright m 2002 Notional Society of Proresslonal Engineers for EJCDC, All rights reserved, 00700 - 2 6.16 Emergencies...........................................................................................................................................................23 6.17 Shop Drawings and Samples.................................................................................................................................23 6,18 Continuing the Work..............................................................................................................................................24 6.19 Contractor's General Warranty and Cmarantee....................................................................................................24 6.20 Indemnification......................................................................................................................................................24 6.21 Delegation of Professional Design Services..........................................................................................................25 ARTICLE7 - OTHER WORK ATTHE SITE.........................................................................................................................25 7.01 Related Work at Site.: ............................................................................................................................................. 25 7.02 Coordination..........................................................................................................................................................26 7.03 Legal Relationships................................................................................................................................................26 ARTICLE8 - OWNER'S RESPONSIBILITIES......................................................................................................................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 Orders.......................................................................................................................................................26 8.08 Lispections, Tests, and Approvals..........................................................................................................................26 8.09 Limitations on Owner's Responsibilities...............................................................................................................27 8.10 Undisclosed Hazardous Environmental Condition................................................................................................27 8.11 Evidence of FinancialArraugements ........................ ......................................................................................27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION.....................................................................................27 9.01 Owner's Representative.........................................................................................................................................27 9.02 Visits to Site...........................................................................................................................................................27 9.03 Project Representative...........................................................................................................................................27 9.04 Authorized Variations in Ifork..............................................................................................................................27 9.05 Rejecting Defective Work.......................................................................................................................................27 9.06 Shop Dimvings, Change Orders and Payments.....................................................................................................28 9.07 Determinations for Unit Price Work......................................................................................................................28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work...................................................28 9.09 Limitations on Engineer's Authority and Responsibilities.....................................................................................28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS...........................................................................................................28 10.01 Authorized Changes in the Work...........................................................................................................................28 10.02 Unauthorized Changes in the Work.......................................................................................................................29 10.03 Execution of Change Orders..................................................................................................................................29 10.04 Notification to Surety.............................................................................................................................................29 10.05 Claims...................................................................................................................................................................29 ARTICLE I I - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK..................................................................30 11.01 Cost of the Work....................................................................................................................................................30 11.02 Allowances.............................................................................................................................................................31 11.03 Unit Price Pfork.....................................................................................................................................................31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES.....................................................32 12.01 Change of Contract Price......................................................................................................................................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 YVork.......................................................................................................................................................33 13.03 Tests andinspections ............................................................................................................................................33 13.04 Uncovering Work...................................................................................................................................................34 13.05 Owner May Stop the N'ork.....................................................................................................................................34 13.06 Correction or Removal of Defective Work.............................................................................................................34 13.07 Correction Period..................................................................................................................................................34 13.08 Acceptance ofDefeclive Work...............................................................................................................................35 13.09 Owner dlay Correct Defective Jfork......................................................................................................................35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION............................................................... I .... I ......... 36 14.01 Schedule of Values.................................................................................................................................................36 14.02 Progress Payments.................................................................................................................................................36 14.03 Contractor's Warranty of 7ttle.............................................................................................................................37 14,04 Substantial Completion........................................................................................................................................37 EJCDC C-700 Standard General Conditions of the Construction Contrnct. Copyright ® 2002 National Society of Professional Engineers for EJCDC All rights reserved. 00700 - 4 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS 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 Payment --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 --The 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 Claim. 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 Documents-- 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 Owncr has entered into the Agreement. 16. Cost of the 1Y6i•k--See Paragraph 11.0I.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. EJCDC C-700 Stnndard General Couditlons of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 6 administrative requirements and procedural matters applicable thereto. 44, Subeontracto)--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 pall thereof) is sufficiently complete, in 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 complete" 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. Supplementary Conditions --That pall of the Contract Documents which amends or supplements these General Conditions. 48. Supplier --A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to flunish 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, stor►n 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. 134ork Change Dlractive--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 Titres but is evidence that the patties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract 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 tine completed Project as a functioning 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 duty 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 Professiounl Eugiueors for EJCDC. All rigitts reserved. 00700.8 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 full 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 parts 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 pall 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 front 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 be specific or by implication, shall inean 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 uny of, their Related Entities, any duty or authority to supervise or direct the perfortance of the Work or any duty or authority to undertake respou- 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 IVork: 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 clarification 8•om Engineer before proceeding with any Work affected thereby. 2. Contractor's Review 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 an 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. the 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 the Work EJCDC C-700 Standard General Conditions of the Construction Coutrnet, Copyright ® 2002 Natloual Society of Professional Engineers for EJCDC. All rights reserved. 00700 -10 4.02 %bstoface and Physical Conditions A. Reports and Drenvings: 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 (lie 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 h► 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 Dieting Substuface 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 (lie subsurface or physical conditions or performing any Work in comice- 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 Times if. a. Contractor knew of (lie existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times 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, hrvestigation, 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 Standard General Conditions of theCouslructton Contract. Copyright ® 2002 National Society of Professional Engineers far EJCDC. All rights reserved. 00700 - 12 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, 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, Subcontaclors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Enviromnental 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 ftrllest 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 Per/brmance, Payment, and Other Bonds F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, 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 Contract. Copyright (D 2002 National Society of Professional Engineers for EJCDC. All rights reserved, 00700 - 14 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 Owners Liability lnsurance 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 from operations under the Contract Documents. 5.06 Properly 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 cacti 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 in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C-700 Stnndard Genernl Conditions of the Construction Conti -net. Copyright m 2002 NRtioanl Society of frofessional Engineers for EJCDC. All rights reserved. 00700 -16 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 Parlial Utilization, 4cknowledgment 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 property insurance shall not be canceled or permitted to lapse oil 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 be 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 shall 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, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the 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 nun to the benefit of Owner. If required by Engineer, Contractor shall fiirnish 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, hrstalled, 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 Conditions of the Construction Contract, Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - is c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any 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. Substitrtte 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. Engineer'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. Eughieer 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 all approved Shop Drawing for an "or equal." Engineer will advise Contactor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13 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 6.06.13), 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 in. 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 Contract 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 Slnndnrd General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 20 6.10 1'cxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws 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 ti►e 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 from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of tine 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 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 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 Petforotance of the Work: 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 file 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 tine 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 GencrAl Conditions of the Construction Conhvrct. Copyright C 2002 Nationat Society of Professlunal Engineers for EJCDC. All rights reserved. 00700 - 22 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 fi•om 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 fimctioning whole as indicated by the Contract Docu- ments. 2. Engineer'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 hidicate 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, 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 6.18 Continuing the Work subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not A. Contractor shall carry on the Work and adhere limited to all fees and charges of engineers, architects, to the Progress Schedule durhig all disputes or attorneys, and other professionals and all court or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 24 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 under 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 fit 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 untong 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 7.0 LA and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.0I.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 tinder the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall snake 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 fit respect of providing lands and easements 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, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for 0CDC. All rights reserved. 00700 - 26 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 Contact Documents and Acceptability of Work A. Engineer will be the initial interpreter of tine 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 fimd 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 entitles 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 tine purposes of Paragraph 10.05.B. 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 E'ngineer'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 tine 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 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. 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 - CIiANGES 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 Coutraef. Copyright® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 28 F. No Claim for an adjustment in Contract Price or Contract Times will be 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 11.0l.B, 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 furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless 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 mainte- 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 Contractor 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 fi•om subcontractors acceptable to Owner and 5.06.D), provided such losses and damages have EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2002 National Society of Proresslooal Engineers for EJCDC. All rights reserved. 00700 - 30 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 Contact Price. Deterntinations 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 Owner 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 TIMES 12.01 Change of Contract Price 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 an 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 12.01.B.2, on the basis of the Cost of tine Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.0l.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 11.01.A.1 and 11.0l.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; e. 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 12.01,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 11.01.A.I and 11.01.A.2 and that any higher tier Subcontractor and Contactor 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 11.0LAA, I L0I.A.5, and 11.01.B; 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 12.0l .C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times 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 National Society of Professional Engineers for EJCDC. All rights reserved. 00700.32 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 sane and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work 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, flimishing 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 patties 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 Owner 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 part 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, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (includ'urg 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 within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the teens 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 payments and will be incorporated into a form 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. Tine amount of retainage with respect to progress payments will he as stipulated in the Agreement. B. Revieiv of Applications 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 reftising to recommend payment. In the latter case, Contractor may snake 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 ui accor- dance with the Contract Documents (subject to all evaluation of the Work as a functioning 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 made 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 inspections of the Work beyond the responsi- bilities 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 thereto, 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.B.2, Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 36 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 may 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 tine 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 pail 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 all 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 lies, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and lies delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked -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 ill the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.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 ill connection with the Work, 3. In lien 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 ill 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 Engineer'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 EJCDC C-700 Stnndnrd General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professlonal Eoglaeers for EJCDC. All rights reserved. 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 wilt 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 15.02.B and I5.02.C, Contractor's services will not be terminated if Contractor begins within seven days 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 5.0l.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.023, and 15.02.C. 15.03 Oivnei• 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 tiny items): 1, completed and acceptable Work executed in accordance with the Contract Documents prior to tine 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 Jfork 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. In lieu 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 sum finally 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 F.JCDC C-700 Standard General Conditions orthe Construction Contract. Copyright* 2002 Natioual Society of Professional Engineers for EJCDC, All rights reserved. 00700 - 40 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 - ARTICLE 5 - BONDS AND INSURANCE - Page 15 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- 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 14.02.13.4 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. 610ME1 i W18-31 SC -5- 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 COMPLETION (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 (14.08) Delete "Engineer" and replace with "Owner". Delete "and if Engineer so confirms". Delete "and recommendation of Engineer". ARTICLE 1S — SUSPENSION OF WORK AND TERMINATION 05.01.A) Delete "and Engineer". W 18-31 SC -7- (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- 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 - 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 / 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 / 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 / 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- Signature of Authorized Representative Title Purchaser's Name {Print or Type} Date Federal Employer Identification Number: 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- SECTION 01010 SUMMARY OF WORK PART I - 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 - 5:00pm. Work requiring inspection by Town representatives shall be scheduled to occur between 8:00am — 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 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 Altwork under this Contract shall be constructed in accordance with the information shown herein, on the drawings and/or sketches of each Work Girder 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 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 (TOJE/UP). Owner will pay for and assist the Contractor with submitting documentation for obtaining the TOJE/UP, 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 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 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) 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 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. 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 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. 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 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. W 18-31 01060 - 1 SECTION 01090 REFERENCE STANDARDS PART 1 -- 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 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 47th Street New York, NY 10017 ASME American Society of Mechanical Engineers 345 East 47th 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 7m Street Miami, FL 33125 AWWA American Water Works Association 6666 W. Quincy Avenue Denver, CO 80235 CDA Copper Development Association 57t 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 PCI Prestressed Concrete Institute 20 North Wacker Drive Chicago, 1L 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 3. Processing applications for payment. 4. Maintaining record documents. 5. Critical work sequencing. 6. Field decisions and Change Orders. Use of project site, office and storage areas, security, housekeeping, the Owner's needs. Major equipment deliveries and priorities. 1.02 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 W 18-31 01200-2 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 (w/specific locations) 2. Piping and fittings (w/specific locations) 3. Pump Curves and Data Sheets 4. Storage Tank Data Sheets 5. Electrical wiring diagrams W18-31 01300-2 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 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 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 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 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 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 01560 - 1 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 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 weight -or 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 01600 - 1 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 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 W18-31 01700 - 3 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. W18-31 01720-1 D. Specifications and Addenda; legibly mark each Section to record: 1. 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 01720-3 ATTACHMENT B 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. <image002.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:eney@felixassociates.net] Sent: Monday, July 12, 2021 11:09 AM To: Matthew Hammond <mhammond@tequesta.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 enevf@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 ATTACHMENT C W1831 CHANGE ORDER NO. 1 (CONTINUED) Attachment A: Description of Changes Change in Contract Price: Approved PCO # Reason for Change Order Increase/ (BeeFeasZ 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(Deffea Increase/ 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. Copyright"O 2018 National Society of Professional Engineers, American Council of Engineering Companies and American society of Civil Engineers. All rights reserved. Page 2 of 9 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 $50.000 Water Asset Maint. CIP 2019 Perigon Way Dist Improve Replace services, valves, hydrants $100,000 FY19 CIP Pedgon 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 A Replace Valves $50,000 Water Asset Maint. CIP 2021 Military Tri / Wood Duck Replace Valves $30,000 Water Asset Maint. CIP 2021 MilitaryTti / 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 Copyright"O 2018 National Society of Professional Engineers, American Council of Engineering Companies and American Society of Civil Engineers. All rights reserved. Page 4 of 9 Attachment 2 (Continued) Item Unit Price Contract For Utility Infrastructure Repairs & Improvements (W1831) Bid Schedule of Values 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 S S.oa $ S •00 3 4 Man Underground Construction Crew 1 HR $ 3.15.00 S 2-I S, 00 4 Overtime Multiplier for 4 Man MULT. % S ''5.00 $ +6 .00 Underground Crew 5 Combination Backhoe Loader 1 HR S 4o. uc, $ 4d . oo 6 Hydraulic Excavator with Operator 1 HR S %c • oo S iU. UO 7 Dewatering with 4" Hydraulic Pump 1 HR S 10.00 S Jo. o0 8 Dewatering with Well Points 1 DAY S 540.06 S E0.00 Total Bid Price: (Item Nos. 1-8)= S I iO 25 .06 Total Bid Price (in numbers): $ , O 2 5 .00 Total Bid Price (in words): ONE T1i0aSAN6 T'El✓rY- F06 7oLLAkS AUD Nc) cE_oi S W1831 Page 21 of 52 Copyright's 2018 National Society of Professional Engineers, American Council of Engineering Companies and American Society of Civil Engineers. All rights reserved. Page 6 of 9 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 [ma iIto: bmillerC&felixassociates.ngtj 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 ( (172) 220-2728 - f ) bmillerofelixassociates.net www.felixassociates.net A SSOCIATYS O9 FLORIDA. IN 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 a -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 R 1 CERTIFIED C.KFCpColl Bill To: 1319 Central Terrace Lake Worth, FL 33460 (561) 586-9020 W.P.B (561) 547-4298 FAX Alcbp@Certifiedbackfiowpro.com Village of Tequesta 136 Bridge Rd. Tequesta, FL 33469 Estimate Date Estimate # 7/23/2021 23182 I Project Location Right of Way Backflows 345 Tequesta Drive Tequesta, FL 33469 Doug 561-768-0482-Jmccorkle@tequesta.org dchambers@tequesta.org THE TEST REPORTS WILL BE SENT TO THE CITY AS SOON AS WE RECEIVE YOUR PAYMENT. THANK YOU! ITEM QTY DESCRIPTION COST TOTAL DOUG E-MAILED A REQUEST FOR AN ESTIMATE TO REPAIR 10 FAILED DEVICES Backflow Repair I Backflow Labor to Repair Wilkins 720A PVB #336428 - 1 1/2" 240.00 240.00 Backflow Parts Complete Check Valve and Air Inlet Rubber Kit - 151.71 151.71 Backflow Repair 1 Backflow Labor to Repair Wilkins 720APVB #234058 - 2" 240.00 240.00 Backflow Parts Complete Check Valve and Air Inlet Rubber Kit 151.71 151.71 Backflow Repair 1 Backflow Labor to Repair Wilkins 720A PVB #573699 - 1" 240.00 240.00 Backflow Parts Complete Check Valve and Air Inlet Rubber Kit 69.15 69.15 Backflow Repair I Backflow Labor to Repair Wilkins 720A PVB #330550 - 1" 240.00 240.00 Backflow Parts Complete Check Valve and Air Inlet Rubber Kit 69.15 69.15 Backflow Repair I Backflow Labor to Repair Watts PVB #559462 - 3/4" 240.00 240.00 Backflow Parts Complete Rubber Parts Kit - IF DEVICE MODEL IS A 800M4 24.80 24.80 Backflow Repair I Backflow Labor to Repair Wilkins 720A PVB #332324 - 2" 240.00 240.00 ACKNOWLEDGEMENT OF A 3 o Surcharge Will be applied to all TOTAL SERVICE AND PAYMENT: credit card payments. Phone # Fax # 561-586-9020 561-547-4298 ACCEPTANCE SIGNATURE PRINT NAME & TITLE Thank you for your business. Page 1