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HomeMy WebLinkAboutAgreement_General_11/15/2021_FL Design Drilling CorpVILLAGE OF TEQUESTA AGREEMENT FOR WELL REHABILITATION SERVICES THIS AGREEMENT FOR WELL REHABILITATION SERVICES is entered into and effective this day of November, 2021, by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, organized and existing in accordance with the laws of the State of Florida, hereinafter "the Village"; and FLORIDA DESIGN DRILLING CORPORATION, a Florida corporation with offices located at 7733 Hooper Road, West Palm Beach, FL 33411, 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 all permits, labor, equipment and materials necessary to investigate, rehabilitate, and/or maintain water production wells for the Village. The work as specified includes, but is not limited to, permitting; mobilization; removal of portions of the existing wellhead; removal of the drop pipe and appurtenances; well kill(s) as required; down -hole video and geophysical logging under static and flowing conditions; plumbness and alignment testing of existing well casings, acid treatment of the completion interval; removal and treatment of the residual spent acid water; purging of the well, flow testing, formation water treatment and disposal system (including temporary piping and pumps); reinstallation of the pump, drop pipe, wellhead ready for service; well facility disinfection, purging and bacteriological clearance, demobilization and restoration of well sites; and completion of all required work to the extent the well facility has been successfully rehabilitated, returned to service, and accepted by the Village based on the intent of this Agreement and supporting documentation. Additional well maintenance and rehabilitation activities may also include miscellaneous welding, mechanical repairs, and other incidentals as outlined in the supporting documentation of this Agreement. The Parties agree to enter into this Agreement and piggyback for the provision of well rehabilitation services at the unit prices described in Contractor's Contract with the Town of Jupiter, Florida ("Town of Jupiter Contract"), awarded through ITB No. W 1957. Said Contract and bid package, including all terms, conditions, Page 1 of 8 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 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 Village makes no express or implied guarantee as to the total quantity of services purchased under this Agreement. Pursuant to the Town of Jupiter Contract, payment shall be made in accordance those procedures established in Article 15 of the Standard General Conditions of the Construction Contract, as provided within Exhibit "A". 3. TERM; TERMINATION; NOTICE: Pursuant to the Town of Jupiter Contract, the original contract term expired on October 20, 2021. The Town of Jupiter renewed the contract through the Contract's Change Order No. 1, extending the term until October 20, 2022. The Town of Jupiter Contract's Change Order No. l is fully incorporated into this Agreement and attached hereto as Exhibit "C". This Agreement may be terminated by either party in accordance with Article 16 of the Standard General Conditions of the Construction Contract within Exhibit "A". Specifically, the Village may terminate this Agreement for convenience upon seven (7) days written notice to the Contractor. In addition, the Village may terminate this Agreement for cause if the Contractor is in default of any of the Agreement's terms, obligations, restrictions, or conditions, and so long as the Village terminates in accordance with the following procedures — If the Village provides the Contractor written notice of the Contractor's default and ten (10) calendar days thereof to correct or take action to correct such default, and if the Contractor subsequently fails to timely correct the condition of the default or if the default is not remedied to the satisfaction and approval of the Village, the Village shall have all legal and equitable remedies available to it, including but not limited to termination of this Agreement and recovery of any related claims, costs, losses and damages arising from the Contractor's default. Notice shall be considered sufficient when sent by certified mail or hand delivered to the Parties during regular business hours at the following addresses: Page 2 of 8 Village Contractor Village of Tequesta Florida Design Drilling Corporation 345 Tequesta Drive 7733 Hooper Road Tequesta, FL 33469 West Palm Beach, FL 33411 Attn: Matthew Hammond Attn: Jeffrey Holst Utilities Director Senior Vice President 4. INSURANCE: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as are specified in Exhibit "A" and shall name the Village as an "additional insured" on the liability portion of the insurance policy. 5. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and hold harmless the Village, its agents, servants, and employees, from and against any claim, demand or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of services under this Agreement. Nothing contained in this provision shall be construed or interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes. 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 Page 3 of 8 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 duration of the subcontract and any extension thereof. This provision shall not supersede any provision of this Agreement which requires a longer retention period. The Village shall terminate this Agreement if it has a good faith belief that the Contractor has knowingly violated Section 448.09(1), Florida Statutes, as may be amended. If the Contractor has a good faith belief that the Contractor's subconsultant has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, the Village shall notify the Contractor to terminate its contract with the subconsultant and the Contractor shall immediately terminate its contract with the subconsultant. In the event of such contract termination, the Contractor shall be liable for any additional costs incurred by the Village as a result of the termination. 10. SCRUTINIZED COMPANIES: For Contracts under $1M, the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and that it is not engaged in a boycott of Israel. The Village may terminate this Agreement at the Village's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes, if the Contractor has Page 4 of 8 been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, or if Contractor is engaged in a boycott of Israel. For Contracts over $1M, the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel .List created pursuant to Section 215.4725, Florida Statutes. The Contractor further certifies that it is not engaged in a boycott of Israel, and that it does not have business operations in Cuba or Syria, as similarly provided in Section 287.135, Florida Statutes. The Village may terminate this Agreement at the Village's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes or if the Contractor has been placed on one of the aforementioned lists created pursuant to Section 215.4725, Florida Statutes. Additionally, the Village may terminate this Agreement at the Village's option if the Contractor is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes. 11. ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement, the prevailing party shall be awarded attorney's fees, including fees on appeal. 12. FORCE MAJEURE: The Contractor shall not be considered in default by reason of any failure in performance under this Agreement if such failure arises out of causes reasonably 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 Page 5 of 8 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 applicable requirements for retaining public records. Records that are stored electronically must be provided to the Village, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT Imewilliams(ajeguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 16. HEADINGS: The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. Page 6 of 8 17. SEVERABILITY: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability or any other provision of this Agreement and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision is not contained herein. 18. WAIVER: No waiver by the Village of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the Contractor of the same, or any other provision or the enforcement hereof. The Village's consent to or approval of any act requiring the Village's consent or approval of any act by the Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent to or approval of any subsequent consent or approval of, whether or not similar to the act so consented or approved. 19. ENTIRE AGREEMENT: This eight (8) page Agreement, including any Exhibits, constitutes the entire agreement between the parties; no modification shall be made to this Agreement unless such modification is in writing, agreed to by both parties and attached hereto as an addendum to this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: FLORIDA DESIGN DRILLING CORPORATION By: Michael Black, Senior Vice P e i t" 111 f j , 12D11c / (Corporate Seal) _ a ' S Apt 2005..: ' r- of �U'v� l•l�u l f f � d�j•• � ,.� .-�. � �.(pR1�P• �• VILLAGE OF TEQUESTA By. Frank ►L'JIL, J,uN� U►p`C'lyiQtjlY ATTEST: `. INCORPORATED Lori McWilliams, MMC ci cS'j •.Cij�E 4 �9^' Village Clerk Page 8 of 8 EXHIBIT A h; li M. on j FLORIDAN WELL REHABILITATION PROGRAM (W1957) EXECUTED CONTRACT MAY 2020 TODD R. WODRASKA ILAN KAUFFER RON DELANEY JIM KURETSKI CAMERON MAY MATT BENOIT DAVID L. BROWN MAYOR VICE -MAYOR COUNCILOR COUNCILOR COUNCILOR TOWN MANAGER DIRECTOR OF UTILITIES TABLE OF CONTENTS Technical Specifications Table of Contents.........................................................................................................3 Invitationto Bid .................................................. .................................................................................................4 Instructionsto Bidders........................................................................................................................................6 BidProposal.......................................................................................................................................................20 BidSchedule of Values..................................................................................................................................21 List of Subcontractors/Suppliers...................................................................................................................24 Qualification Requirements...........................................................................................................................25 Contractor Safety Qualifications/Requirements...........................................................................................32 Contractor Safety Qualification Form............................................................................................................34 SwornStatement...........................................................................................................................................37 TrenchSafety.....................................................................................................................................................39 BidBond............................................................................................................................................................40 Noticeof Intent to Award..................................................................................................................................42 Noticeof Award.................................................................................................................................................43 Agreement (Contract) Between Owner and Contractor...................................................................................44 PaymentBond...................................................................................................................................................51 PerformanceBond.............................................................................................................................................55 Opinionof Town Attorney.................................................................................................................................59 Noticeto Proceed(NTP)....................................................................................................................................60 General Conditions to EJCDC Standard General Conditions (2018 Edition) Supplementary Conditions Technical Specifications Appendices Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 2 Technical Specifications Table of Contents SECTION TITLE DIVISION 1— GENERAL REQUIREMENTS 01010 Summary of Work 01025 Measurement and Payment 01300 Submittals 01535 Protection of Existing Utilities DIVISION 2 — SITE WORK 02400 Temporary Construction Wellhead 02715 Construction Facilities and Temporary Controls 02720 Well Rehabilitation Sequence 02760 Well Development 02765 Downhole Logging 02775 Pumping Tests 02780 Disinfection 02785 Formation Water Disposal System 02790 Acidization 02800 Floridan Aquifer Well "Kill" APPENDIX Table 1 Well Construction Details Exhibit 1 Development Report Form Exhibit 2 Well Disinfection Report Form Exhibit 3 Project Drawings Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 3 ADDENDUM NO. 1 TO CONTRACT DOCUMENTS May 20, 2020 PROJECT TITLE: TOWN OF JUPITER FLORIDAN WELL REHABILITATION PROGRAM (W1957) TO: All Plan Holders of Record This addendum forms a part of the Contract Documents and modifies the original Project Documents as noted below. Acknowledge receipt of this Addendum in the space provided on the Bid Proposal form. IN THE FRONT ENDS D BOND FORM DELETE the Bid Bond form in its entirety and REPLACE it with the revised Bid Bond form as included in this addendum. This space was intentionally left blank, proceed to next page. Addendum No. 1 Floridan Well Rehabilitation Program (W1957) Page 1 of 3 Bid Bond Bidder Surety Name: Name: Phone: Phone: Address (principal place of business): Address (principal place of business): Owner Bid Name: Town of Jupiter Project (name and location): Phone: 561-746-5134 Floridan Well Rehabilitation Program (W1957) 17403 Central Blvd., Address (principal place of business): Jupiter, Florida Town Hall Water Treatment Plant 210 Military Trail 17403 Central Blvd. Jupiter, FL 33458 Jupiter, FL 33458 Bid Due Date: June 17, 2020 at 2:00pm Bond Number: Penal Sum: 5% of amount bid Date of Bond: Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. Surety affirms it is authorized to do business in the State of Florida, and the Town of Jupiter, and as having an Agent resident therein. Bidder Surety (Full formal name of Bidder) (Full formal name of Surety) (corporate seal) By: By: (Signature) (Signature) (Attach Power of Attorney) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Attest: Attest: (Signature) (Signature) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary. Addendum No.1 Floridan Well Rehabilitation Program (W1957) Page 2 of 3 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond will be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds, Power of Attorney(s), and Certificate(s) of Insurance required by the Bidding Documents. 3. This obligation will be null and void if: 3.1. Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds, Power of Attorney(s), and Certificate(s) of Insurance required by the Bidding Documents, or 3.2. All Bids are rejected by Owner, or 3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions does not in the aggregate exceed 120 days from the Bid due date without Surety's written consent. 6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety, and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Postal Service registered or certified mail, return receipt requested, postage pre -paid, and will be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. Addendum No. 1 Floridan Well Rehabilitation Program (W1957) Page 3 of 3 ADDENDUM NO. 2 TO CONTRACT DOCUMENTS May 26, 2020 PROJECT TITLE: TOWN OFJUPITER FLORIDAN WELL REHABILITATION PROGRAM (W1957) TO: All Plan Holders of Record This addendum forms a part of the Contract Documents and modifies the original Project Documents as noted below. Acknowledge receipt of this Addendum in the space provided on the Bid Proposal form. IN THE SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT ARTICLE 13 — COST OF WORK; ALLOWANCES, UNIT PRICE WORK DELETE Section 13.03 in its entirety and REPLACE it with the revised Section 13.03 as included in this addendum. 13.03 Unit Price Work SC-13.03 Delete Paragraph 13.03.E in its entirety and insert the following in its place: E. Adjustments in Unit Price 1. Unit prices shall remain firm for the duration of the Contract. No changes in unit price shall be permitted. Addendum No. 2 Floridan Well Rehabilitation Program (W1957) Page 1 of 1 ADDENDUM NO. 3 TO CONTRACT DOCUMENTS June 2, 2020 PROJECT TITLE: TOWN OFJUPITER FLORIDAN WELL REHABILITATION PROGRAM (W1957) TO: All Plan Holders of Record This addendum forms a part of the Contract Documents and modifies the original Project Documents as noted below. Acknowledge receipt of this Addendum in the space provided on the Bid Proposal form. IN THE FRONT ENDS BID SCHEDULE OF VALUES DELETE the Bid Schedule of Values in its entirety and REPLACE with the revised Schedule of Values included with this addendum. IN THE TECHNICAL SPECIFICATIONS SECTION 01025 MEASUREMENT AND PAYMENT DELETE Section 01025 in its entirety and REPLACE it with revised Section 01025 included in this addendum. SECTION 02765 DOWNHOLE LOGGING DELETE Paragraphs 3.01 C. and D. in their entirety and REPLACE with revised paragraphs C. and D. as follows. C. The CONTRACTOR shall provide 24-hour advanced notice to the HYDROGEOLOGIST prior to logging activities. The CONTRACTOR is responsible to ensure that all logs are complete. The CONTRACTOR is solely responsible for selecting, operating and removing all logging equipment necessary to complete work outlined in the specifications. Addendum No. 3 Floridan Well Rehabilitation Program (W1957) Page 1 of 14 D. Any obstructions, fill material, and/or reduced diameters of more than 1/2-inch in the borehole or cased intervals not present during preliminary logging as determined by the HYDROGEOLOGIST and OWNER, but present in post rehabilitation logging will be removed, reamed, and/or repaired by the CONTRACTOR at his own expense. THIS SPACE WAS INTENTIONALLY LEFT BLANK PROCEED TO NEXT PAGE Addendum No.3 Floridan Well Rehabilitation Program (W1957) Page 2 of 14 Bid Schedule of Values - REVISED BY ADDENDUM NO.3 Floridan Aquifer Well Rehabilitation Program (W1957) The following schedule of bid items has been developed to allow the Town to equitably evaluate bids. Individual bid item unit costs will be used to establish the total cost of each scope of work developed to rehabilitate, investigate and/or maintain wells; work orders will be issued as authorization to proceed with the various scopes of work to be completed under this Contract. Town does not guarantee that estimated quantities shown will be utilized in full, or at all. The Town may utilize some or all of these bid items for each scope of work, as the Town deems necessary. Item Estimated No. Item Description Unit Quantity Unit Price Extended Value 1 General Conditions % of Total Bid Price* I (Maximum Allowable 10%) t 2 Mobilization/Demobilization % of Total j Bid Price* (Maximum Allowable 8%) 3 Bonds and Insurance (Maximum Allowable 3%) 4 Indemnification 5 Complete Removal and Re -installation of Wellhead I 6 Perform Downhole Video Log 7 Perform Complete Geophysical Logging 8 Perform Plumbness and Alignment Testing 9 Complete Setup, Placement and Removal for Full Strength Acidization 10 Complete Setup, Placement and Removal for Blended Acidization 11 Furnish Well Acid 12 Pump Develop Well 13 Pump Testing LS 1 $ $ LS 1 $ $ LS 1 $ $ LS 1 $ 100.00 $ 100.00 Each 7 $ $ Each 5 $_ $ Each 3 $ $ Each 4 $ $ Each 1 $ $ Each 1 $ $ Gallon 20,000 $ $ Hour 40 $ $ Hour 20 $ $ Addendum No. 3 Floridan Well Rehabilitation Program (W1957) Page 3 of 14 Bid Schedule of Values (Continued) — REVISED BY ADDENDUM NO.3 Floridan Aquifer Well Rehabilitation Program (W1957) Item Item Description No. 14 Modify Discharge Piping with 6-inch Stainless Unit Estimated Unit Price Extended Value Quantity Steel Blow -off LS 1 $ $ 15 Well Facility Disinfection Each 7 $ $ 16 Bacteriological Sampling and Testing Each 7 $ $ 17 Site Restoration Each 3 $ $ 18 Certified Welding Services Hour 10 $ $ 19 Licensed Electrician Services Hour 10 $ $ 20 Furnish and Install Additional Discharge Pipe LF 1000 $ $ . 21 Extra work by Rehabilitation Crew (Foreman and one Crew Member) with Equipment Hour 10 $ $ 22 Extra work by Rehabilitation Crew (Foreman and one Crew Member) without Equipment Hour 10 $ $ 23 Standby Time with Rehabilitation Equipment and Crew On -Site Hour 10 S S 24 Standby Time with Rehabilitation Equipment On -Site and Crew Off -Site Hour 10 $ $ 25 Unidentified Parts Allowance LS 1 $ 20,000.00 $ 20,000.00 Total Bid Price: (Item Nos. 1-25) = y *Bidder shall indicate the percentage (%) in the blank provided on the Bid Form for Pay Items 1 and 2. Refer to Section 01025 Measurement and Payment of the technical specifications for additional detail for all Pay Items Total Bid Price (Items 1-25) in Words: (The Total Bid Price is to be written in numerical figures above. In case of discrepancies or errors, the unit price bid item shall govern and the corrected Total Bid Amount shall be calculated as such.) Addendum No. 3 Floridan Well Rehabilitation Program (W1957) Page 4 of 14 Bid Schedule of Values (Continued) — REVISED BY ADDENDUM NO.3 Floridan Aquifer Well Rehabilitation Program (W1957) MUST CHECK ONE OF THE FOLLOWING: BACTERIOLOGICAL CLEARANCE LABORATORY Approved State Department of Health Laboratory (DOH Certified) ❑ Town of Jupiter Utilities Laboratory (DOH Certified) - Use of Town of Jupiter Water System Lab will result in no charge for Item No. 16 on the Schedule of Values. END OF BID SCHEDULE OF VALUES Addendum No. 3 Floridan Well Rehabilitation Program (W1957) Page 5 of 14 SECTION 01025 (REVISED BY ADDENDUM NO. 3) MEASUREMENT AND PAYMENT PARTI GENERAL 1.01 GENERAL REQUIREMENTS A. Payments to the CONTRACTOR shall be made on the basis of the Contract bid items as full and complete payment for furnishing all materials, labor, tools, and equipment and for performing all operations necessary to complete the Work included in the Contract Documents. Such compensation shall also include payments for any loss or damages arising directly or indirectly from the Work, from any discrepancies between the actual quantities of work and those shown in the Contract Documents, or from any unforeseen difficulties which may be encountered during execution of the Work until the final acceptance by the Town of Jupiter (OWNER). B. The prices stated in the proposal include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, and labor for handling materials during inspection, together with any and all other costs and expenses for performing and completing the Work as shown on the plans and specified herein. The Basis of Payment for an item at the price shown in the Proposal shall be in accordance with its description of the item in this Section and as related to the Work specified and as shown on the Drawings. The unit prices stated in the Contract shall be considered payment in Full for the completion of all work. Payment shall be made under each item only for work as it is not specifically included under other items. C. The CONTRACTOR's attention is called to the fact that the quotations for the various items of Work are intended to establish a total price for completing the Work in its entirety. Should the CONTRACTOR feel that the cost of any item of Work has not been established by the Schedule of Values or Measure and Payment, he shall include the cost for that Work in the other Bid Items so that his proposal for the project does reflect his total price for completing the Work in its entirety. D. The CONTRACTOR shall furnish all labor, equipment and material required to complete the investigation, rehabilitation and/or maintenance of Upper Florida Aquifer (UFA) wells for the OWNER, and return each well to full continuous service following completion of work at each well. Addendum No. 3 Floridan Well Rehabilitation Program (W1957) Page 6 of 14 E. The OWNER's system includes twelve (12) UFA wells, and construction details are provided in Table 1 of the Appendix. The anticipated wells currently recommended and prioritized for inspection, rehabilitation and/or maintenance tasks include RO-2, RO-3, RO-5, RO-9, RO-10, RO-12, and RO-13. This list is for estimating purposes and may be altered based on conditions encountered during completion of individual wells and/or depending on the needs of the OWNER. F. Prior to initiation of work at a wellsite, the CONTRACTOR shall submit a proposed scope of work to the OWNER for review and approval. The scope of work must include a detailed description of work to be performed corresponding to items listed by Task in the Bid Schedule of Values. Upon receipt and approval, the OWNER will issue a work authorization to CONTRACTOR to begin work at a wellsite. If deviations from this scope of work must occur, the CONTRACTOR shall submit a revised proposal with changes clearly outlined prior to the commencement of additional work. G. On a daily basis, the CONTRACTOR shall complete the Daily Work Log Form and submit a copy to the OWNER and the HYDROGEOLOGIST at the end of each work week. A copy of this Form can be found in the Appendix. When performing development work, an additional Daily Development Log shall be completed on a daily basis and submitted to the OWNER and HYDROGEOLOGIST on a weekly basis in conjunction with the Daily Work Log Form. Any pay application submitted with incomplete daily logs will be automatically reiected. PARTII PRODUCTS NOT USED PART III EXECUTION 3.01 PAYMENT ITEMS A. ITEM NO. 1 — GENERAL CONDITIONS This pay item shall include the costs to comply with all elements of the General Conditions of the Contract, including but not limited to: record keeping, safety, permitting, project management, progress meetings and all other costs necessary to the job. Bidder shall indicate the percentage (%) to be applied to this Pay Item on the Bid Form. A maximum of ten percent (10%) of the TOTAL BID PRICE is allowable. Payment will be made at the Line Item Lump Sum price based upon the percentage of the work completed, and approved by the OWNER. For each Work Addendum No. 3 Floridan Well Rehabilitation Program (W1957) Page 7 of 14 Authorization, the line item amount billed shall be consistent with percentage indicated on the Bid Form and no more than &OA 10% of the total work authorization. Once the total line item amount indicated on the Bid Form has been authorized or paid, no additional general conditions shall be included in any subsequent Work Authorizations. Measurement and payment will be based on the percentage of work completed and accepted by OWNER. B. ITEM NO. 2 — MOBILIZATION/DEMOBILIZATION The work included in this Pay Item consists of preparatory work, finish work, mobilizing and demobilizing for beginning and ending work, including, but not limited to, those operations necessary for the movement of personnel, equipment, supplies and incidentals to and from the project site and for the establishment/de-establishment of the temporary provisions and state and local laws and regulations including pre - construction video, sanitary facilities and any other pre or post construction expense necessary for starting or completing the work. Bidder shall indicate the percentage (%) to be applied to this Pay Item on the Bid Form. A maximum of eight percent (8%) of the TOTAL BID PRICE is allowable. For each Work Authorization, the line item amount billed shall be consistent with the percentage indicated on the bid form and no more than 8% of the total work authorization. Once the total line item amount indicated on the Bid Form has been authorized or paid, no additional mobilization/demobilization shall be included in any subsequent Work Authorizations. Measurement and payment will be based on the percentage of work completed and accepted by OWNER. C. ITEM NO. 3 — BONDS AND INSURANCE This pay item shall include the actual costs of required and acceptable bonds and insurance for the project in place for the initial contract term. Bonds and insurance shall be paid in full at the Line Item Lump Sum Price as listed on the Bid Schedule of Values completed and accepted by the OWNER. Payment for this item shall be made on the first Application for Payment. CONTRACTOR shall provide OWNER with Certificates of Insurance and Bonds, including written documentation of actual costs, during the CONTRACT execution process. Bonds and insurance shall not exceed three percent (3%) of the Contract Value. Addendum No.3 Floridan Well Rehabilitation Program (W1957) Page 8 of 14 D. ITEM NO. 4 — IDEMINIFICATION In recognition of CONTRACTOR'S indemnification obligations, the OWNER will pay to the CONTRACTOR a one-time Indemnification payment in the amount of one hundred dollars ($100.00). Payment shall be made with the first Application for Payment for the Line Item Lump Sum Price as listed on the Bid Schedule of Values. The CONTRACTOR shall acknowledge payment of this consideration by letter to the OWNER after receipt of the progress payment. E. ITEM NO. 5 — COMPLETE REMOVAL AND REINSTALLATION OF WELLHEAD The CONTRACTOR shall remove and re -install OWNER's wellhead with tail pipe, including all OWNER's appurtenances to the extent required for the Work. Measurement and payment for this item shall be made at 50% of the Contract Lump Sum Price upon removal of the wellhead; and made at 50% of the Contract Lump Sum Price following reinstallation of the wellhead after rehabilitation has been completed. Payment for this item shall be at the Contract Lump Sum Price as listed on the Bid Form and as specified in the Contract Documents and accepted by the HYDROGEOLOGIST. F. ITEM NO. 6 — PERFORM DOWHOLE VIDEO LOG The video log shall be paid following each successful video log per well at the Contract Lump Sum Price listed on the Bid Form as specified in the Contract Documents and accepted by the HYDROGEOLOGIST. Video logging (in both static and dynamic conditions) shall include but not be limited to the furnishing of all material, labor and equipment required, as specified in Section 02765. Only successful video logs accepted by the HYDROGEOLOGIST will be paid for under this pay item. Video shall be conducted by a professional video logger specializing in downhole well videos. G. ITEM NO. 7 — PERFORM COMPLETE GEOPHYSICAL LOGGING The geophysical logging shall be paid following successful completion of all static and dynamic geophysical logs per well at the Contract Lump Sum Price listed on the Bid Form as specified in the Contract Documents and accepted by the HYDROGEOLOGIST. Geophysical logging (in both static and dynamic conditions) shall include but not be limited to the furnishing of all material, labor and equipment required, as specified in Section 02765. Addendum No.3 Floridan Well Rehabilitation Program (W1957) Page 9 of 14 H J Only successful geophysical logs accepted by the HYDROGEOLOGIST will be paid for under this pay item. Geophysical logging shall be conducted by a professional specializing in downhole well geophysical logging. ITEM NO. 8 — PERFORM PLUMBNESS AND ALIGNMENT TESTING The plumbness and alignment (P&A) testing shall be paid following successful completion of all P&A Testing per well at the Contract Lump Sum Price listed on the Bid Form as specified in the Contract Documents and accepted by the HYDROGEOLOGIST. P&A Testing shall include but not be limited to the furnishing of all material, labor and equipment required, as specified in Section 02765. Only successful P&A tests accepted by the HYDROGEOLOGIST will be paid for under this pay item. ITEM NO. 9 — COMPLETE SETUP, PLACEMENT AND REMOVAL FOR FULL STRENGTH ACIDIZATION This pay item includes the mobilization and demobilization of equipment necessary to acidize wells with 32% hydrochloric acid (HCI). The setup and removal of equipment, materials and personnel required to acidize the wells shall be paid for at the Contract Lump Sum Price as listed on the BID FORM as specified in the Contract Documents and accepted by the HYDROGEOLOGIST. This pay item includes the wellhead setup (including any and all fabrications or modifications required), acid pump, placement of acid, tanks, valves, piping, and, all labor, equipment and materials necessary to safely acidize the well and to complete the acid treatment as specified in Sections 02785 and 02790. ITEM NO. 10 — COMPLETE SETUP, PLACEMENT AND REMOVAL FOR BLENDED ACIDIZATION This pay item includes the mobilization and demobilization of equipment necessary to acidize wells with blended hydrochloric (HCI). The setup and removal of equipment, materials and personnel required to acidize the wells shall be paid for at the Contract Lump Sum Price as listed on the BID FORM as specified in the Contract Documents and accepted by the HYDROGEOLOGIST. This pay item includes the wellhead setup (including any and all fabrications or modifications required), acid pump, dilution and placement of blended acid, tanks, valves, piping, and, all labor, equipment and materials necessary to safely acidize the well and to complete the acid treatment as specified in Sections 02785 and 02790. Addendum No.3 Floridan Well Rehabilitation Program (W1957) Page 10 of 14 K. ITEM NO. 11 — FURNISH WELL ACID The acid treatment of the wells shall be paid for at the Contract Unit Price per gallon of 32% hydrochloric acid furnished and delivered to the site as listed on the BID FORM. The Contract Unit Price shall include but not be limited to furnishing the acid as specified in Section 02790 and as specified in the Contract Documents and accepted by the HYDROGEOLOGIST. L. ITEM NO. 12 — PUMP DEVELOP WELL Well Development shall be paid for at the Contract Unit Cost Price as listed on the BID FORM as determined by the HYDROGEOLOGIST as development and as described in Sections 02760 and 02785. The said Contract Unit Price shall include only hours of actual pumping as approved by the HYDROGEOLOGIST, and shall not be limited to the furnishing of all material, labor and equipment necessary to complete development in accordance with the Contract Documents and accepted by the HYDROGEOLOGIST. M. ITEM NO. 13 — PUMP TESTING The pumping test shall be paid for at the Contract Unit Price per hour of actual pumping for pump testing, as approved by the HYDROGEOLOGIST. The Unit Price shall include but not be limited to the furnishing of all material, labor and equipment necessary to complete the test as specified including all work necessary for the installation and removal of test pump and piping. N. ITEM NO. 14 — MODIFY DISCHARGE PIPING WITH 6-INCH STAINLESS STEEL BLOW -OFF Work paid for under this item includes the labor and materials required to modify existing 316 stainless steel (SS) discharge well piping with a 6-inch SS, flanged blow -off connection. Fabrication and installation of the blow off connection shall include pickle and passivation of the welded connection, disinfection and clearance of well piping. Payment shall be at the Contract Lump Sum Price listed on the Bid Form as specified in the Contract Documents and accepted by the OWNER. Addendum No. 3 Floridan Well Rehabilitation Program (W1957) Page 11 of 14 O. ITEM NO. 15 — WELL FACILITY DISINFECTION Well disinfection costs for the work task described in Section 02780 shall be paid at the Contract Unit Price, for each well successfully disinfected as determined by passing bacteriological test results. Bacteriological testing is not included in this pay item. The Unit Price shall include all labor, materials, and equipment necessary to chlorinate, flush the well, and install and remove sample ports for bacteriological testing. Re -chlorination needed because of failing bacteriological test results shall be completed by the CONTRACTOR at his own expense. P. ITEM NO. 16 — BACTERIOLOGICAL SAMPLING AND TESTING Work to be paid for under this item includes sampling and testing for bacteriological clearance of the well and includes but not limited to collection of samples by a certified testing laboratory in the State of Florida and in accordance with FDEP Regulation 62-550 and 62-555 F.A.C., testing for the presence or absence of bacteriological contamination, submission of test reports to OWNER. There will be no cost associated with this Pay Item if the CONTRACTOR elects to utilize the Town of Jupiter Water System laboratory for this item. Q. ITEM NO. 17 — SITE RESTORATION The work specified under this pay item includes restoring the site to its original condition, including debris removal, irrigation repair, sodding, landscape replacement, watering, grading, and any other activities required to restore site conditions to equal or better conditions than pre - construction to the satisfaction of the HYDROGEOLOGIST and OWNER and as described in Section 01535. Some activities associated with the scope of work will be minor in nature to the extent that site restoration will not be necessary. The determination as to the necessity of site restoration will be made prior to initiation of activities and will be made by the OWNER or the HYDROGEOLOGIST. If a determination is made that site restoration is not necessary, no payment will be authorized under this work item. Payment shall be at the Contract Lump Sum Price as listed on the Bid Form and shall include all equipment, tools and labor necessary to restore the site complete and accepted by the OWNER. R. ITEM NO. 18 — CERTIFIED WELDING SERVICES Welding services shall be paid for at the Contract Unit Price per hour of welding by a certified welder, including time, materials and labor necessary to complete any requested welding services. Addendum No. 3 Floridan Well Rehabilitation Program (W1957) Page 12 of 14 S. ITEM NO. 19 - LICENSED ELECTRICIAN SERVICES Electrician services shall be paid for at the Contract Unit Price per hour of electrical work by a qualified electrician licensed in the State of Florida to perform all well electrical work. CONTRACTOR must receive approval from OWNER to bill against this Pay Item before actual time is incurred. Failure to do so will result in NO payment of this Pay Item by OWNER. T. ITEM NO. 20 - FURNISH AND INSTALL ADDITIONAL DISCHARGE PIPE Furnish and installation of additional discharge pipe shall be paid for at the Contract Unit Price per linear foot of additional discharge pipe for lengths greater than 500-feet, required to convey water from the wellsite to the outfall location. The unit price shall include all labor, materials and equipment required to install, maintain and remove the discharge pipe in accordance with the Contract Documents and as approved by the OWNER and HYDROGEOLOGIST. Work included under separate pay items will not be paid under the additional discharge pipe pay item. U. ITEM NO. -2A 21 - EXTRA WORK BY REHABILITATION CREW (FOREMAN AND ONE CREW MEMBER) WITH EQUIPMENT Extra work performed by the crew (consisting of Foreman and one crew member) with equipment (crane, boom truck and/or associated equipment necessary to perform the work) shall be paid for at the Contract Unit Price based on the amount of approved time used based on the OWNER's HYDROGEOLOGIST. Work included under separate pay items will not be paid under the extra work pay item. CONTRACTOR must receive approval from OWNER and OWNER's HYDROGEOLOGIST to bill against this Pay Item before actual time is incurred. Failure to do so will result in NO payment of this Pay Item by OWNER. V. ITEM NO. -24 22 - EXTRA WORK BY REHABILITATION CREW (FOREMAN AND ONE CREW MEMBER) WITHOUT EQUIPMENT Extra work performed by the crew (consisting of Foreman and one crew member) without equipment shall be paid for at the Contract Unit per hour based on the amount of approved time used by the OWNER'S HYDROGEOLOGIST. Work included under separate pay items will not be paid under the extra work pay item. CONTRACTOR must receive approval from OWNER and OWNER's HYDROGEOLOGIST to bill against this Pay Item before actual time is incurred. Failure to do so will result in NO payment of this Pay Item by OWNER. Addendum No. 3 Floridan Well Rehabilitation Program (W1957) Page 13 of 14 CIF W. ITEM NO. 2-2 23 — STANDBY TIME WITH EQUIPMENT AND REHABILITATION CREW ON -SITE If standby time is required with the crew and rehabilitation equipment on site, payment shall be made at the Contract Unit Price based on the number of approved hours required as determined by the OWNER'S HYDROGEOLOGIST. CONTRACTOR must receive approval from OWNER and OWNER'S HYDROGEOLOGIST to bill against this Pay Item before actual time is incurred. Failure to do so will result in NO payment of this Pay Item by OWNER. X. ITEM NO. -23 24 — STANDBY TIME WITH EQUIPMENT ON -SITE AND REHABILITATION CREW OFF -SITE If standby time is required with the crew off site and rehabilitation equipment on site, payment shall be made at the Contract Unit Price based on the number of approved hours required as determined by the OWNER'S HYDROGEOLOGIST. CONTRACTOR must receive approval from OWNER and OWNER'S HYDROGEOLOGIST to bill against this Pay Item before actual time is incurred. Failure to do so will result in NO payment of this Pay Item by OWNER. Y. ITEM NO. 24 25 — UNIDENTIFIED PARTS ALLOWANCE This item is intended for specialized small parts and procurement of items not stocked by the OWNER needed to complete rehabilitation, investigation and/or maintenance of wells and avoid delays associated with placing the wells back into service. CONTRACTOR shall supply OWNER with Receipts for all items for which payment is requested under this pay item. Written approval of OWNER is required before any parts or items are purchased under this pay item. Failure of the CONTRACTOR to obtain OWNER'S approval in writing will result in non-payment of the items purchased. Labor shall not be charged under this pay item. END OF SECTION Addendum No. 3 Floridan Well Rehabilitation Program (W1957) Page 14 of 14 PROJECT TITLE TO: ADDENDUM NO. 4 TO CONTRACT DOCUMENTS June 3, 2020 TOWN OF JUPITER FLORIDAN WELL REHABILITATION PROGRAM (W1957) All Plan Holders of Record This addendum forms a part of the Contract Documents and modifies the original Project Documents as noted below. Acknowledge receipt of this Addendum in the space provided on the Bid Proposal form. GENERAL PRE -BID SITE VISIT A pre -bid site visit for this project was held on May 271h, 2020; the meeting minutes and attendance list from that meeting are included as part of this addendum. IN THE SUPPLEMENTARY CONDITIONS ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES DELETE Section 7.07 Taxes, Paragraph B. 17. in its entirety and REPLACE it with the revised Paragraph B. 17. as included in this addendum. 7.01 Taxes SC-7.10.6.17. The Contractor is advised that the following list of equipment may be included under the sales and use tax exemption program for Owner furnished equipment. This list is provided to the Contractor for informational purposes only. The Owner reserves the right to revise the quantity of Owner furnished equipment by deleting equipment listed or including equipment not listed herein. Contractor may make suggestions to Owner as to other components of the project that may be Owner purchased under this program for this project. 0 Well pump and motor Addendum No. 4 Floridan Well Rehabilitation Program (W1957) Page 1 of 10 Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Pre -Bid Site Visit Meeting Minutes May 27th, 2020, 10:00 AM A pre -bid site visit was held for the above referenced project on the date and time indicated above, at the Town of Jupiter's RO-2 Wellsite located at the Offsite Ground Storage and High Service Pumping Facility, 620 S. Central Blvd, Jupiter, Florida 33458. Attendance at the site visit was not a mandatory requirement for submitting a bid. The meeting started at 10:00 am. I. Sign -In Sheet A sign -in sheet was circulated for all attendees to complete. The sign in sheet is attached to these meeting minutes. II. Introductions The following people were introduced as representing the Town of Jupiter for this project. • Rebecca Wilder, P.E., Senior Engineer and the Town's Project Manager for this contract. • Jon Friedrichs — JLA Geosciences, Town's consulting hydrogeologist, and Owner's representative during the course of the Contract. III. DemandStar The Town reviewed the process for obtaining bid documents. Bid documents are available through Demandstar.com. Instructions for obtaining plans and specs from www.demandstar.com are provided in the Invitation to Bid and the Instructions to Bidders in the Front End Bid Documents for the project. Bidders do not need to be a member of demandstar.com to obtain bid documents. Bid Documents can be downloaded for $5.00 from Demandstar by signing up for a free agency subscription for the Town of Jupiter at www.demandstar.com. Hard copies of Bid Documents may also be purchased from Demandstar by visiting www.demandstar.com or emailing demandstar@onvia.com. Payment for Bid Documents is non-refundable. Bidders are responsible to use complete sets of bidding documents including addenda for preparing their Bids. Neither the Town nor JLA Geosciences are responsible for Bidders failure to use complete sets of Bid Documents. At the time of this meeting, Addenda 1-2 had been posted to Demandstar.com. Addendum No 1 included a revised Bid Bond Form. Addendum No. 2 included revised language to the Supplementary Conditions to the Construction Contract, Section 13.03 Unit Price Work Addendum No.4 Floridan Well Rehabilitation Program (W1957) Page 2 of 10 IV. Bid Opening Sealed bids must be delivered to the Town Clerk, at 210 Military Trail, Jupiter, FL 33458, before and up to 2:00 pm on Wednesday, June 17, 2020. Bids received after this time will not be accepted. Bids will be publicly opened and read aloud in the Town Hall Council Chambers. V. Questions Concerning the Bid All questions pertaining to the Bid Documents and the subsequent Contract must be submitted in writing to Rebecca Wilder, Senior Engineer. Questions submitted by email to rebeccaw@iupiter.fl.us must include "W1957 Floridan Well Rehabilitation Program Bid Question" in the subject of the email and be sent with a Read Receipt to ensure successful delivery. Questions may also be submitted to Rebecca's attention by fax to 561-743-8733. Questions received less than three business days prior to the date of Bid Opening may not be answered. ala VI. Bid Security Bid security in the amount of five percent (5%) of the Bidder's maximum Bid price as presented in the Instructions to Bidders. Failure to provide bid security with a bid is grounds for disqualification. Vll. Contractor Qualifications The Town reviewed the Contractor qualifications as listed below: • The successful bidder must be a licensed Water Well Contractor in the State of Florida. • Bidder must show evidence of sufficient manpower and equipment to complete the Work, that previous experience is of the type and magnitude contemplated by the proposed contract, that past projects of similar type and magnitude have been completed within budget and on schedule, that past projects have been managed professionally, and construction quality and field supervision are professional and of best industry practice. Each bid must contain evidence of the Bidder's qualifications by completion of the Qualification Requirements in the Front End Documents and Bid Proposal (Bid Schedule of Values) as well as evidence of the Bidder's qualification to do business in the State where the project is located. Bidder must have completed four (4) similar projects over the last five (5) years or equivalent experience as determined by the Town to be in Town's sole, best interest. Bidder must perform a minimum of 60% of the total Work value of the contract with his own forces. Addendum No. 4 Floridan Well Rehabilitation Program (W1957) Page 3 of 10 4b Vill. Contract Duration The contract duration is as follows: Substantial completion is 405 calendar days from the date of Notice to Proceed and final completion is 435 calendar days from the date of Notice to Proceed. These times include time for the contractor to obtain required permits, make submittals to Owner and receive approved submittals for materials and equipment for the project, perform the work, conduct testing, provide operational use of wellsites, provide close out documents, complete punch list items, etc. All the work required to provide a complete project. Substantially complete is defined as the Town having operational use of the wellsites The Contract does contain provisions for liquidated damages if the Contract completion dates are not achieved. Owner and Contractor may agree to renew the Contract in one (1) year (365 days) increments for a total of two (2) consecutive additional years. Renewals will be in writing by change order to the Contract and are subject to the same terms, conditions, and unit pricing set forth in the initial Contract and any written amendments/change orders signed by both parties. Contractor may elect not to extend the Contract with 90 days written notice to the Town. IX. Permits The Contractor is responsible to obtain all necessary permits (unless otherwise noted) as required by local, State, and Federal regulatory agencies and municipalities. Town of Jupiter Utilities and JLA will inspect Work performed for conformance with the Contract requirements. The Contractor is responsible to perform the Work of the Contract in accordance with all permit conditions whether Contractor holds the permit or the Town holds the permit. As a courtesy to the Contractor, the Town will obtain the following permits, as required, to complete the Work of the Contract • Notice of Intent to Use the Generic Permit for Discharge of Ground Water From Dewatering Operations (subsection 62-621.300(2) F.A.C.) • South Indian River Water Control District Permit for Use of District ROW • Palm Beach County Land Development Right of Way (ROW) Construction Permit for discharge of development water The Contractor will be responsible to obtain the following permits, as required, to complete the Work of the Contract • SFWMD ROW permit — required for wells located in the vicinity of the C-18 Canal ROW. • The CONTRACTOR will be required to apply for and obtain a SFWMD gate key in order to gain access to the OWNER's well sites located on the C-18 canal ROW • Treatment of development water prior to disposal, in accordance with the contract documents and local, State and Federal regulations. Addendum No.4 Floridan Well Rehabilitation Program (W1957) Page 4 of 10 • Contractor will be responsible to obtain a lock out -tag out permit from Chris McKenzie, the Water Plant Maintenance Supervisor before beginning work on each existing wellsite X. Contract Administration 1. The Town will administer the contract during construction. JLA Geosciences will serve as the Owner's representative during construction and the course of the contract. 2. Progress Meetings: Construction progress meetings will be held with the Contractor, the Town, and JLA biweekly while rehabilitative work is underway. Town may request meetings more frequently or less frequently depending on the need. Contractor is required to attend scheduled meetings. Contractor's representative at the meetings must have authority to make decisions on behalf of the Contractor. Work scope, costs, schedule, construction coordination and other items will be discussed at these meetings. Currently, progress meetings are being held virtually, but the Town will resume face-to-face meetings when it is safe to do so. 3. Storage and Lavdown Area: Contractor may stage equipment and supplies within the wellsite fencing and/or wellsite easement. Temporary construction fencing shall be used, as needed, to protect the Town's wellsite. Any damage caused by the contractor within staging areas shall be completely restored by the contractor to the Owner's satisfaction at no additional cost to the Owner. 4. Water for Construction Purposes: The Contractor shall provide all water required for construction, flushing, testing and temporary sanitary facilities. Only potable quality water will be authorized for use during well rehabilitation activities. Potable quality water can be made available by the OWNER from hydrants or another location at no additional charge. It is the Contractor's sole responsibility to determine the availability of potable quality water at each work location. For potable water line connections from a hydrant, the Contractor will be required to obtain a construction hydrant meter. The Contractor will be responsible to provide a deposit for the meter to the Town of Jupiter Utilities Business Office. The meter must be locked at all times except while in use by the Contractor with water provided by the Town. If during the course of construction, it is determined that the Contractor is abusing and/or unnecessarily wasting this service, they will be responsible for paying for water used. Temporary Sanitary Facilities: The Contractor shall provide and maintain adequate and clean sanitary facilities for construction work force and visitors at each wellsite where working is being completed. The facilities shall comply with local codes and regulations and be situated at approved locations. 6. Summary of Work: Bidders were encouraged to pay attention to Section 01010 Summary of Work and review the example scopes of work that are expected to be completed under this maintenance contract. The wells identified for rehabilitation, inspection and/or maintenance may be altered or changed during the course of the contract based upon the needs of the Town. The Town does not guarantee a minimum or maximum amount of work. During the course of the Contract, the Contractor will prepare a proposal to accomplish a Addendum No. 4 Floridan Well Rehabilitation Program (W1957) Page 5 of 10 requested scope of work base upon Contract Unit prices. Upon approval, the Town will provide the Contractor with authorization to proceed, in writing, by issuance of a Work Order. 7. Measurement and Payment: Bidder should closely review Section 01025, Measurement and Payment in preparing a bid. This section provides guidance and clarification to the costs that are to be included in the various bid items. Bidders are responsible to notify the Owner of any items not specifically called out in Section 01025 for which they feel there should be a bid item. Any cost that Bidder believes to be necessary to fulfill the Contract requirements but is not specifically identified in Section 01025 should be included in the Bid Item that Bidder deems to be most appropriate. XI. Project Description A summary of the project was provided by the Town as outlined below: Furnish all permits, labor, equipment and materials necessary to investigate, rehabilitate and/or maintain Upper Floridan Aquifer (UFA) production wells for the Town. The work as specified includes, but is not limited to permitting; mobilization; removal of portions of the existing wellhead; removal of the drop pipe, and appurtenances; geophysical and/or down -hole video logging; well kill(s) as required; plumbness and alignment testing of well casings, acid treatment of the completion interval; removal and treatment of the residual spent acid water; purging of the well, flow testing, formation water treatment and disposal system (including temporary piping and pumps); reinstallation of the pump, drop pipe, wellhead ready for service; well facility disinfection, purging and bacteriological clearance; demobilization and restoration of well sites The Town expects to complete various work items including investigation, rehabilitation and/or maintenance on several UFA production wells during the first contract term. The wells prioritized for work include: RO-2, RO-3, RO-5, RO-9, RO-10, RO-12 and RO-13. The wells identified for work may be altered or changed during the course of the contract based upon the needs of the Town. The Town does not guarantee a minimum or maximum amount of work. Construction details for the UFA production wells are provided in Table 1 of the Appendix. Well Construction type varies, and well construction depths indicated in Table 1 are approximate. Contractor is to verify depths as needed to perform work. The Bid Schedule of Values is inclusive of the various tasks expected to be implemented under this Contract, and represents a "menu" of options from which the Town and the Town's representative may select to complete Upper Floridan Well work tasks. Quantities provided for each Bid Item in the Bid Schedule of Values are estimated and based on the initial contract term. Quantities are not necessarily the quantities that will be completed during the contract but instead are provided as a means for evaluating bids and obtaining balanced bids. The Bid Documents provide a table of estimated funding for each year of the contract, which is based on the projected budgets for well rehabilitation and maintenance in those respective years. However, the amount of work authorized under this contract is dependent upon fiscal year funding. Provided fiscal year funding is available, the Town anticipates well rehabilitation Addendum No.4 Floridan Well Rehabilitation Program (W1957) Page 6of10 work to be consistent through the initial contract term. The Contractor will be required to provide the submittals outlined in Section 01300 prior to the start of rehabilitation including, but not limited to, permits, schedule, acid plan and formation water disposal plan. In addition, the Contractor shall prepare a proposal for Town's consideration for each work scope as requested by the Town based on the Schedule of Values and Section 01025 Measurement and Payment Pay Item descriptions. The Town will review the Contractor's proposals for work scopes with the Contractor and JLA until an agreement of scope, price and time is reached. At such time, Town will provide Contractor with authorization to proceed in writing by issuance of a work order which will include the approved work scope, proposal and schedule. It is the responsibility of Bidders to visit the sites to conduct investigations and tests as Bidder deems necessary to prepare his/her bid. Wellsites will require a Town representative to gain access. Contractor must make arrangements with Rebecca Wilder, 561-741-2635 to gain access inside well site fencing. Drawings included with the Bid Documents show aerial views of well site locations. XII. Other Items Discussed Bidder must indicate on the Bid Form the elected percentages for General Conditions and Mobilization/Demobilization. These bid items are limited to a maximum of 10% and 8%, respectively, of the Total Bid Price. The bidder's elected percentage for each bid item should be used to determine a dollar amount that is incorporated into the Total Bid Price. The percentages for General Conditions and Mobilization/Demobilization indicated by the Contractor of Award on the Bid Form will be used throughout the contract duration to determine the amount of General Conditions and Mobilization/Demobilization paid for individual work authorizations. • Bidder must indicate on the Bid Form of Bidder's intentions to utilize the Town's WTP Lab for bacteriological sampling and testing (Bid Item 16). If a Bidder indicates that Bidder will use the Town's Lab there will be no charge for Bid Item No. 16. The Contractor will be allowed only one (1) well out of service for rehabilitation at a time. After the rehabbed well is returned to service, the Owner will turn the next well over to the Contractor to start work. It is the Owner's desire that Contractor would be prepared to start work on the next well immediately and without a significant lapse in time between well rehabilitations. The OWNER shall determine the sequence of wells to be rehabbed based on operational constraints. The exception to this is well RO-5, which is currently out of service. The Contractor can complete work on RO-5 concurrently with another Floridan aquifer well. • The Contractor will be required to submit pre and post -construction videos of the wellsites, the C-18 Canal right of way used to access the wellsites, and the area of conveyance for discharge piping through the C-18 Canal ROW to the canal. Addendum No. 4 Floridan Well Rehabilitation Program (W1957) Page 7of10 �i • Existing wellhead construction includes PVC casings, thus, the Contractor will be required to utilize a temporary construction wellhead as described in Section 02400 in order to protect the integrity of the existing PVC well casings. Bid Item 21 — Unidentified Parts Allowance has an assigned value of $20,000.00, and is intended to be used for procurement of parts, material and equipment needed to complete well rehabilitation that are not already included in other bid items. Historically, this bid item has been used to purchase replacement pumps, pump parts, gaskets, motors and/or cables that may be required in UFA wells. Any charges billed to the Unidentified Parts Allowance shall be preapproved by the Town in writing. Purchases made under this line item shall be done in accordance with the Bid Documents and may include the appropriate mark-up. This item shall not be used to pay for things included in the original scope of the contract. • The Extra Work bid items are intended to be used for additional work requested by the Owner that is in addition to or outside of the specific work items described by the Bid Documents. The Town intends to actively use the Extra Work items to complete miscellaneous maintenance needs that may arise throughout the Contract duration. Contractor is responsible to dispose of kill water in an environmentally acceptable manner. Kill water may not be discharged into the canal or onto the ground. Contractor may reuse kill water amongst wells in this as detailed in the Bid Documents During the site visit, the Town provided an overview of availability of water at the various wellsites. Potable water from nearby hydrants is available for RO-2 and RO-3. Potable raw water will be available at the remaining wellsites. Potable drinking water is required for well disinfection at all wellsites and will require that potable drinking water is brought onsite for those sites that do not have a nearby potable drinking water source. Contractor may fill potable water tank(s) from a Town hydrant at no additional cost provided the Contractor has a construction hydrant meter as detailed in the Bid Documents. For geophysical and video logging, wellhead and drop pipe will need to be removed to complete the work to permit video inspection of all casing joints. Dynamic logs will need to be completed at 1400 gpm or pumping water level of 15-ft below land surface. Bidders were advised that RO-5 has a partially collapsed well casing or pinch point that requires slim line logging tools. Logging tools will need to be adequately sized to move past the collapsed section. During previous well videos, a 2-inch camera can pass the collapsed section. The Bid Documents include two (2) different approaches to well acidization: full strength and blended. Full strength acidization includes pumping 32% (20 baume) HCI into the borehole. Blended acidization includes using 32% (20 baume) HCI that is blended onsite to a strength ranging from 1% to 10%, then pumped into the borehole. Both approaches require use of an acidization wellhead. The Town or the Town's representative will advise the Contractor, in advance, which acidization approach will be used. Full strength acidization will only be complete on Floridan wells with a stainless steel wellhead. Blended acidization will be utilized for PVC wellheads. Addendum No.4 Floridan Well Rehabilitation Program (W1957) Page 8 of 10 Attendees were asked if they had any questions or comments regarding the bid documents or the project. The following questions were asked: 1. Are there any wellsites that do not have a nearby discharge location or will the Contractor be required to haul discharge water offsite? The Contractor will not be required to haul discharge water offsite. Floridan aquifer wellsites have a nearby discharge location that is either a receiving water body and/or storm drain. Well water will require treatment as detailed in the Bid Documents prior to discharge. Wellsite RO-10's discharge location is approximately 1600-ft (+/-) from the wellsite, and will require additional length of discharge pipe. Following the site visit, the Town modified the Bid Documents to include a pay item for additional linear feet (LF) of discharge pipe required that is greater than the 500-ft of discharge pipe already included in the appropriate pay items. This change will be documented by addendum 2. Can you clarify the Contractor's responsibility to remove or ream obstructions in the borehole referenced in Specification Section 02765 Downhole Logging? This statement refers to the Contractor's responsibility to remove or ream obstructions or fill material from the well's cased section or borehole that are present following rehabilitation activities, but were not present in the preliminary downhole video. The Contractor will not be responsible to remove obstructions or fill material observed during a preliminary downhole video at his own expense. This section will be revised to clarify responsibility. This change will be documented by Addendum 3. What is the required pumping rate to complete the specific capacity test after completion of well acidization? Following well acidization, a specific capacity test will be performed to evaluate the effectiveness of the acidization. The specific capacity test will be completed after the Contractor has removed and treated spent acid as detailed in the Bid Documents. The specific capacity test can be completed under artesian flow conditions, but the rate shall be approximately equal to the pre-acidization specific capacity test as detailed in the Bid Documents 4. Will the Contractor be told in advance what type of acidization to complete? Yes Site Visit Ended at 11:30am cc: Demandstar as Part of Addendum 3 W1957 Meeting Minute File Meeting Attendees Addendum No. 4 Floridan Well Rehabilitation Program (W1957) Page 9 of 10 Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Pre -Bid Site Visit Sign -In Sheet May 27th, 2020 10:00 AM 620 S. Central Blvd, Jupiter, FL 33458 Name Company Name Phone Numbcr Email Address 1 •A+rte me Town-of-Ju iter G1 741=2539--- an�1i trda n ih l�fl;us 2 i ltg1:Fl,lll� 3 c 4 -of-Jig itei 641?4.1-273 sarao a •u i(cr fl.us_ 5 Rebecca Wilder Town of Jupiter 561-741-2635 rebeccaw(ci�,jupiter.fl.us 6 Jon Friedrichs JLA Gcosciences 561-746-0228 feiedrichsC(Djlageosciences.coni 7 g S- 9 -,2, .5 Y•. ��- Q.� � dr i � � : H CsAti 10 ]l 12 13 14 15 V.\Utililie;\Wnter\G4igmtkClP Projects\I9-XX\19-57 Upper Floridan Wet RehabilitationWcciings\Prc-nid Site VisiAW 1957 Pre Bid Sign in sheadoc Addendum No.4 Floridan Well Rehabilitation Program (W1957) Page 10 of 10 M ADDENDUM NO. 5 TO CONTRACT DOCUMENTS June 15, 2020 PROJECT TITLE: TOWN OF JUPITER FLORIDAN WELL REHABILITATION PROGRAM (W1957) TO: All Plan Holders of Record This addendum forms a part of the Contract Documents and modifies the original Project Documents as noted below. Acknowledge receipt of this Addendum in the space provided on the Bid Proposal form. GENERAL BIDDER'S QUESTION The Town of Jupiter received the following question in relation the Bid Documents: "I see under section 02760/2.01.A, surge tanks are called out as equipment needed. I could not find any further details regarding this item. Could you help guide me to more information?" The following answer was provided: "This section refers to equipment needed to development a well to remove solids from the borehole. The list is not intended to be exhaustive, but lists types of equipment that may be used depending on the Contractor's development setup. A surge tank can be used inline or on the wellhead to help neutralize sudden changes in pressure during development. It is up to the Contractor to determine if a surge tank is required to properly and safely develop the well." Addendum No. 5 Floridan Well Rehabilitation Program (W1957) Page 1 of 1 ADDENDUM NO. 6 TO CONTRACT DOCUMENTS June 16, 2020 PROJECT TITLE: TOWN OF JUPITER FLORIDAN WELL REHABILITATION PROGRAM (W1957) TO: All Plan Holders of Record This addendum forms a part of the Contract Documents and modifies the original Project Documents as noted below. Acknowledge receipt of this Addendum in the space provided on the Bid Proposal form. IN THE TECHNICAL SPECIFICATIONS SECTION 01010 SUMMARY OF WORK PART 1.01 WORK COVERED BY CONTRACT DOCUMENTS DELETE PART 1.01 in its entirety and REPLACE with revised PART 1.01 included in this addendum. 1.01 WORK COVERED BY CONTRACT DOCUMENTS A. The purpose and intent of this Contract is to establish a unit prices for the provision of labor, equipment and materials necessary to investigate, rehabilitate and/or maintain Upper Floridan Aquifer (UFA) production wells for the Town of Jupiter (OWNER), located in Jupiter, Florida. CONTRACTOR shall be prepared to provide crews and equipment to respond to non - emergency and emergency work as well as hurricane and natural disaster related events B. The Bid Schedule of Values is inclusive of various tasks expected to be implemented under this Contract and represents a menu of options from which the OWNER may select to complete well rehabilitation, investigation and/or maintenance. The CONTRACTOR shall prepare a proposal to accomplish a requested scope of work. Upon approval, the OWNER will provide the CONTRACTOR with authorization to proceed in writing by issuance of a work order. Addendum No. 6 Floridan Well Rehabilitation Program (W1957) Page 1 of 8 C. For all non -emergency work orders, the CONTRACTOR will be required to submit a materials list with quantities, including restoration, with pricing from at least two different vendors for those items not included in the Bid Schedule of Values for the OWNER's consideration. The OWNER may direct purchase the materials under the Sales Tax and Use Program (described in the Supplemental Conditions) or ask the CONTRACTOR to purchase materials allowing a fifteen percent (15%) mark up on material pricing. CONTRACTOR shall also provide pricing for any subcontracted work as required to complete the Work. The allowable mark up on sub -contractor pricing will be five percent (5%). If OWNER is to direct purchase materials under the Sales Tax and Use Program, CONTRACTOR shall provide the OWNER with the materials list and quantities, coordinate with vendor for ordering, and delivery of materials, and haul the materials as needed to the gob site. D. For emergency work orders the CONTRACTOR will be required to submit an estimated material list with quantities and pricing, to the extent practical, including restoration for the OWNER's for approval. The CONTRACTOR will be responsible for the purchase of the materials, material delivery, schedule and all coordination with the vendor in emergency repair situations. Allowable CONTRACTOR mark up on materials is fifteen percent (15%) and on subcontracted work is five percent (5%). E. For hurricane or natural disaster related response, the CONTRACTOR will be required to submit a Letter of Commitment (LOC) to the OWNER within fourteen (14) days of the date of the Notice to Proceed. The LOC shall detail the CONTRACTOR's ability to be available on an as -needed, on -call basis for hurricane or natural disaster events along with emergency labor and equipment rates. The LOC and emergency response activities shall be for work related to hurricane or natural disaster preparations prior to the event and/or recovery activities immediately following the event that are outside of and in addition to Contract Work. The OWNER will be responsible for costs incurred by the CONTRACTOR for hurricane or natural disaster response and will be paid at the labor and equipment rates provided in the LOC. The work described in these specifications is for investigation, rehabilitation and/or maintenance of the OWNER's UFA production wells. The OWNER may elect to complete work on some or all of the wells as the OWNER sees fit. The CONTRACTOR shall perform all work in accordance with specification sections provided in the Contract. Examples of expected work scopes for wells are described below. The actual work scope may vary; this is only provided to give insight to the nature of the anticipated work. Addendum No. 6 Floridan Well Rehabilitation Program (W1957) Page 2 of 8 • Geophysical Logging Investigation: removal of portions of the existing wellhead; removal of the drop pipe, and appurtenances; well kill(s) as required; down -hole video and geophysical logging under static and flowing conditions; reinstallation of the pump, drop pipe, wellhead ready for service; well facility disinfection, purging and bacteriological clearance; demobilization and restoration of well site • Plumbness and Alignment (P&A) Testing: removal of portions of the existing wellhead; removal of the drop pipe, and appurtenances; well kill(s) as required; P&A testing; reinstallation of the pump, drop pipe, wellhead ready for service; well facility disinfection, purging and bacteriological clearance; demobilization and restoration of well site • Well Rehabilitation: removal of portions of the existing wellhead; removal of the drop pipe, and appurtenances; well kill(s) as required; acid treatment of the completion interval; removal and treatment of the residual spent acid water; purging of the well, flow testing, formation water treatment and disposal system (including temporary piping and pumps); reinstallation of the pump, drop pipe, wellhead ready for service; well facility disinfection, purging and bacteriological clearance; demobilization and restoration of well sites; and completion of all required work to the extent the well facility is returned to service and accepted by the OWNER. • Discharge Pipe Modification: removal of portions of the existing stainless steel (SS) discharge pipe; fabricate and weld 6-inch SS, flanged, blow -off to existing discharge pipe; reinstallation of piping; well piping disinfection; bacteriological clearance; demobilization • Miscellaneous Maintenance and Repair: removal of portions of wellhead or well piping to replace gaskets; SS pipe repair, cleaning, modification, etc.; removal of centrifugal pump and motor In performing the scope(s) of work, the CONTRACTOR shall furnish all labor, materials, transportation, tools, supplies, equipment and necessary appurtenances to complete the investigation, rehabilitation and/or maintenance work at each wellsite to the satisfaction of the OWNER as specified in the Contract Addendum No. 6 Floridan Well Rehabilitation Program (W1957) Page 3 of 8 Lmp=q G. The following, existing UFA production wells are recommended for rehabilitation and /or investigation: Well ID Casing Casing Casing Open Hole pump Type Expected Work Material Diameter (in) Depth (ft) Depth (ft) Scope(s) Geophysical and Video RO-2 FRP 16 1032 1673 Centrifugal Logging Geophysical and Video RO-3 FRP 16 1017 1615 Centrifugal Logging Geophysical and Video Logging FRP 12 1024 P&A Testing RO-5 SS 8 1451 1665 Centrifugal Discharge Pipe Mod 16 100 RO-9 PVC 12 1235 1520 Centrifugal P&A Testing 16 100 RO-10 PVC 12 1224 1617 Centrifugal Well Rehabilitation RO-12 PVC 17.4 1170 1411 Centrifugal P&A Testing RO-13 PVC 17.4 1145 1355 Centrifugal P&A Testing Well construction depths indicated are approximate. CONTRACTOR is to verify depths as needed to perform work. The wells identified for investigation, rehabilitation and/or maintenance may be altered or changed during the course of the contract based upon the needs of the OWNER. The OWNER does not guarantee a minimum or maximum amount of work. Construction details on the remaining OWNER UFA production wells are provided in Table 1 of the Appendix. H. Well water generated during work activities shall be discharged to the CONTRACTOR'S formation water treatment and disposal system as required to meet discharge water quality requirements detailed in the Contract. Treated well water shall then be discharged to a receiving water body or storm drain nearest to each well site. Settling and treatment of formation water to be discharged is the CONTRACTOR'S responsibility and shall be in accordance with all applicable regulations and Section 02785. Following completion of work activities, the CONTRACTOR shall reinstall the pump, column pipe, wellhead, well piping, appurtenances, etc. to the extent the well is ready for service by the OWNER. CONTRACTOR shall perform disinfection and bacteriological testing as required for well and well piping clearance. Substantial completion shall be defined as work completed to the extent that the OWNER has operational use of the well. Addendum No. 6 Floridan Well Rehabilitation Program (W1957) Page 4 of 8 The CONTRACTOR will be allowed only one (1) well out of service for work at a time. The OWNER shall determine the sequence of wells to be completed based on operational constraints. K. The OWNER reserves the right to add to the work in accordance with the Contract Documents. PART 1.03 TIME OF WORK DELETE PART 1.03 in its entirety and REPLACE with revised PART 1.03 included in this addendum. 1.03 TIME OF WORK A. The OWNER will notify the CONTRACTOR when investigation, rehabilitation and/or maintenance of UFA production wells is required. The CONTRACTOR shall be prepared to conduct a site visit, as needed, prepare and submit a detailed scope of work, provide adequate notice prior to scheduling the work and mobilize to the site and be actively performing the scope of work according to the time frames provided below. For non -emergency work orders, CONTRACTOR shall be prepared to meet with the OWNER and/or conduct site visit(s) within five (5) working days of receiving a request from the OWNER for the purpose of determining factors that may affect the scope of work. Within ten (10) working days of the meeting, CONTRACTOR shall provide OWNER with a detailed scope of work, detailed cost estimate (including labor, equipment and materials) with supporting documentation, and a schedule for the work. OWNER will provide comments or approval for the proposal within five (5) working days of receipt from CONTRACTOR. OWNER will provide CONTRACTOR with a Work Order Authorization and associated purchase order within ten (10) working days of OWNER's approval of proposal. The CONTRACTOR shall notify the OWNER at least five (5) working days prior to mobilizing to the site to complete the work. Upon mobilization, The CONTRACTOR shall be diligent in completing the specified tasks and shall not discontinue work on the specified well. Delays shall be communicated in advance and work scope and schedule revised as needed and approved by the OWNER. C. For emergency work orders, the CONTRACTOR shall meet with the OWNER the same day that they are notified of an emergency repair. Within twenty- four (24) hours, the CONTRACTOR shall provide an estimated labor, materials Addendum No. 6 Floridan Well Rehabilitation Program (W1957) Page 5 of 8 and equipment list for the OWNER's approval. The OWNER will issue an emergency Work Order authorization and purchase order. Upon the OWNER's approval, the CONTRACTOR shall mobilize to the site within twenty-four (24) hours or to the extent practical to begin repair activities. As the emergency work progresses, the CONTRACTOR shall revise and update the scope of work, as needed, for the OWNER's review and approval. D. For hurricane and natural disaster related events. the OWNER will notifv the CONTRACTOR if their emergency response services, as detailed in their LOC, are required to assist the OWNER in preparation for or recovery from a hurricane or natural disaster. The CONTRACTOR shall be prepared to stage equipment at the OWNER's facilities prior to an event and respond to the OWNER's facilities immediately following an event. The OWNER will be responsible for costs incurred by the CONTRACTOR for hurricane or natural disaster response not related to Contract Work and will be paid at the labor and eauioment rates Drovided in the LOC. CONTRACTOR is expected to work between the hours of 07:00 hr. and 17:00 hr. EST, Monday through Friday. All work requiring inspections or OWNER coordination shall occur between 08:00 hr. and 15:30 hr. EST. Requests for approval to work on Saturdays, Sundays, or federal holidays observed by the OWNER must be submitted by the CONTRACTOR in writing to the OWNER and subsequently approved by the OWNER in writing at least 48 hours in advance of the period proposed for work outside of the normal work hours stated above. The CONTRACTOR's written submittal shall also set forth the proposed schedule for the overtime work in order to give the OWNER ample time to arrange for his personnel to be at the site of the Work if necessary. The CONTRACTOR shall pay for all engineering services and other additional expenses incurred for approved project work outside of the normal work hours. Such expenses shall be a subsidiary obligation of the CONTRACTOR, and no extra payment shall be made by the OWNER on account of such overtime work. The CONTRACTOR shall not violate any local noise ordinances. SECTION 01300 SUBMITTALS PART 2.04 HURRICANE PREPAREDNESS PLAN DELETE PART 2.04 in its entirety and REPLACE with revised PART 2.04 included in this addendum. Addendum No. 6 Floridan Well Rehabilitation Program (W1957) Page 6 of 8 2.04 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 HYDROGEOLOGIST and OWNER a Hurricane Preparedness Plan specific to this project. The plan should outline the necessary measures which the Contractor proposes to perform related to Contract Work at no additional cost to the OWNER in case of a hurricane or severe weather warning. C. The CONTRACTOR shall also include a Letter of Commitment (LOC) with the Hurricane Preparedness Plan. The LOC shall detail the CONTRACTOR's ability to be available on an as -needed, on -call basis for hurricane or natural disaster events along with emergency labor and equipment rates. The LOC and emergency response activities shall be for work related to hurricane or natural disaster preparations prior to the event and/or recovery activities immediately following the event that are outside of and in addition to Contract Work, D. 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. 1. Hurricane Watch: Upon designation of a hurricane watch, the CONTRACTOR shall be responsible for storing all loose supplies and strapping down or removing large materials and equipment on the job site that may pose a danger. In addition, the CONTRACTOR shall remove all bulkheads and plugs in pipelines that would impede drainage in the case of flooding. Structures that may be in danger of floatation shall be flooded. The CONTRACTOR shall also cooperate with the OWNER in protecting any other structures at the site. 2. Hurricane Warning: No mobile "temporary facility" under the control of or on the property of the OWNER shall be staffed during a hurricane warning. CONTRACTOR facilities meeting these criteria shall be evacuated. Reasonable steps shall be taken to protect all such facilities and their contents from damage and to avoid the facility causing damage to the surroundings. Addendum No. 6 Floridan Well Rehabilitation Program (W1957) Page 7 of 8 E. The CONTRACTOR may be required to backfill excavations depending on the severity of the approaching storm or the expected amount of rainfall. Additionally, erosion protection and inlet protection may also be required by the OWNER depending on the site conditions at the time of the Hurricane Watch. F. In the event of a hurricane or natural disaster, the OWNER will notify the CONTRACTOR if their emergency response services, as detailed in their LOC, are required to assist the OWNER in preparation for or recovery from a hurricane or natural disaster. The CONTRACTOR shall be prepared to stage equipment at the OWNER's facilities prior to an event and respond to the OWNER's facilities immediately following an event. The Town will be responsible for costs incurred by the CONTRACTOR for hurricane or natural disaster response not related to Contract Work and will be paid at the labor and equipment rates provided in the LOC. END OF ADDENDUM 6 Addendum No. 6 Floridan Well Rehabilitation Program (W1957) Page 8 of 8 o�- f TOWN OF JUPITER 'F0211 Invitation to Bid Sealed bids will only be accepted at the Town Clerk's Department, 210 Military Trail, Jupiter, Florida 33458: Floridan Well Rehabilitation Program (W1957) Until 2:00 PM, Local Time, June 17, 2020 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 17, 2020 at 2:00 PM Floridan Well Rehabilitation Program (W1957) The nature and scope of this project is: Furnish all permits, labor, equipment and materials necessary to investigate, rehabilitate, and/or maintain Upper Floridan Aquifer (UFA) production wells for the Town of Jupiter (OWNER), located in Jupiter, Florida. The work as specified includes, but is not limited to permitting; mobilization; removal of portions of the existing wellhead; removal of the drop pipe, and appurtenances; well kill(s) as required; down -hole video and geophysical logging under static and flowing conditions; plumbness and alignment testing of existing well casings, acid treatment of the completion interval; removal and treatment of the residual spent acid water; purging of the well, flow testing, formation water treatment and disposal system (including temporary piping and pumps); reinstallation of the pump, drop pipe, wellhead ready for service; well facility disinfection, purging and bacteriological clearance; demobilization and restoration of well sites; and completion of all required work to the extent the well facility has been successfully rehabilitated, returned to service and accepted by the OWNER based on the intent of the contract documents. Additional well maintenance and rehabilitation activities may also include miscellaneous welding, mechanical repairs, and all other incidentals as outlined on the bid documents and all appurtenances necessary to complete the Work based on the intent of the contract documents. Bid Documents will be available on May 19, 2020 and may be examined and purchased at www.demandstar.com. Bid Documents can be downloaded for $5.00 from Demandstar by signing up for a free agency subscription for the Town of Jupiter at www.demandstar.com. Hard copies of Bid Documents may also be purchased from Demandstar by visiting www.demandstar.com or emailing demandstarponvia.com. Payment for Bid Documents is non-refundable. Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 4 A pre -bid site visit will take place on Wednesday, May 271h, 2020 at 10:00 AM for interested bidders. The site visit will start at wellsite RO-2 located at 620 S. Central Boulevard, Jupiter, FL 33458 (Offsite Ground Storage and High Service Pumping Facility). Attendance at the pre -bid site visit is not mandatory for submitting a bid. Interested parties are asked to wear face coverings and practice safe social distancing at the pre -bid site visit. Questions concerning the bid will be answered by addendum through Demandstar.com. All questions should be directed to Rebecca Wilder, P.E. in writing, via email rebeccaw@iupiter.fl.us (include Project Name in the subject of the email) or by fax (561) 747-5634. Email should be delivered with a Read Receipt requested to confirm successful receipt by the Town. Bidders are not required to be a plan holder of record with Demandstar.com; however, bidders are responsible to obtain complete sets of bidding documents in preparation of submitting a bid Bid Security in the amount of five percent (5%) of the Bid must accompany each bid in accordance with the Instructions to Bidders. The Town of Jupiter reserves the right to waive any irregularities and to reject any and all bids. The Town of Jupiter is an equal opportunity employer. By Order of the Town Council, Town of Jupiter Sally Boylan, Town Clerk PUBLISHED: Palm Beach Post DATE: May 17, 2020 Town oFJupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 5 Instructions to Bidders 1. DEFINED TERMS 1.1. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract, EJCDC C-700 (2018 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 DOCUMENT 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 submit with his/her Bid written evidence of previous experience, references, licensing requirements, evidence of authority to conduct business in the jurisdiction where the project is located, and insurance requirements. Each Bid must contain evidence of the Bidder's qualifications by completion of the Qualification Requirements form in the Front End Documents and Bid Proposal using projects completed by the Bidder that included work meeting the specific description stated on that form as well as 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. Bidder shall submit additional information, after the Bid Opening, if requested by Owner, in order for Owner to complete a comprehensive review of the Bid. 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. 3.4. Bidders are not required to be a plan holder of record with Demandstar.com; however, bidders are responsible to obtain complete sets of bidding documents in preparation of submitting a bid. 3.5. All bidders must be a licensed Water Well Contractor in the State of Florida. 3.6. The Contractor of Award is required to hold a Town of Jupiter occupational license at the time work commences. Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 6 3.7. Bidders are required to complete and submit with their Bid the Qualification Requirements included in the Front End Bid Documents. Owner will evaluate experience and conduct reference checks as part of the bid evaluation process to assess whether Bidder is qualified and responsible to perform the work presented in the Bid Documents. Bidder must show that he/she has sufficient manpower and equipment to complete the Work, that previous experience is of the type and magnitude presented in the Bid Documents for this contract, that past projects of similar type and magnitude have been completed within budget and on schedule, that past projects have been managed professionally and construction quality and field supervision are professional and of best industry practice. 3.8. Any Bidder who does not meet the qualification requirements of the Bid will not be considered for award. 3.9. Owner reserves the right to request additional experience, reference information, financial information and any other information necessary to perform a comprehensive evaluation of the Contractor and his/her major subcontractors. 4. EXAMINATION OF BID/CONTRACT DOCUMENTS AND SITE 4.1. Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Bid/Contract Documents. 4.2. Site is accessible to the Bidder by appointment to conduct such investigations and tests as each Bidder deems necessary for submission of a Bid. Bidder must notify the Town to schedule a date and time for any such investigations and/or tests. Appointments should be scheduled through Rebecca Wilder at (561)741-2635 or rebeccaw@jupiter.fl.us. Bidders are encouraged to attend the non - mandatory pre -bid site visit. 4.3. The lands upon which the Work is to be performed, rights of way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Supplementary Conditions, General Requirements or Drawings. 4.4. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this Article 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. S. 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 final payment as limited by the provisions for the field conditions, use and measurement, the quantities shown in the plans and in the proposal form are approximate and provide only a basis for calculating the bid upon which the Owner will award the Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 7 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. 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 6.1. All questions about the meaning or intent of the Contract Documents shall be submitted to The Town of Jupiter Utilities, Attn: Rebecca J. Wilder, P.E. in writing at 17403 Central Boulevard, Jupiter, FL 33458, Phone (561) 741-2635, Fax (561) 747-5634 or email rebeccawc@iupiter.fl.us. Replies will be issued by Addenda as necessary and delivered to all parties recorded by www.Demandstar.com 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 the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond issued by a Surety meeting the requirements of Paragraph 6.01 of the General Conditions. 7.2. The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within 15 days of the Notice of Intent to Award, Owner may annul the Notice of Intent to Award and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the "effective date of the Contract" (which term is defined in the General Conditions) by Owner to Contractor and the required Contract Security is furnished or the one hundred and twenty first day after the Bid opening. Bid Security of other Bidders will be returned within seven days of the Bid opening. 8. CONTRACT TIME 8.1. The number of days within which, or the date by which, the Work is to be completed (the Contract Time) is set forth in the Bid Form and will be included in the Agreement. 8.2. The initial term of the Contract will be 435 calendar days from the date of Notice to Proceed. Owner and Contractor may agree to renew the Contract in one (1) year (365 days) increments for a total of two (2) consecutive additional years, in accordance with the Town of Jupiter's Purchasing Policy and the terms of the original Contract. Renewals will be in writing by change order to the Contract and are subject to the same terms, conditions, and unit pricing set forth in the initial Contract and any written amendments/change orders signed by both parties (Owner and Contractor). No compensation shall be made for costs associated with renewal of the Contract. Renewals are contingent upon satisfactory performance evaluations by the Owner and subject to the availability of fiscal year funding approved by the Jupiter Town Council. Contractor may elect not to extend the Contract with 90 days written notice to Owner. Owner is not obligated to extend the Contract. Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 8 9. LIQUIDATED DAMAGES 9.1. Provisions for liquidated damages, if any, are set forth in the Agreement. 10. SUBSTITUTE MATERIAL AND EQUIPMENT 10.1. The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by Contractor if acceptable to Owner, application for such acceptance will not be considered by Owner until after the "effective date of the Agreement". The procedure for submittal of any such application by Contractor and consideration by Owner is set forth in Article 7 of the General Conditions which may be supplemented in the General Requirements. 11. SUBCONTRACTORS, ETC. 11.1. If the Front End Documents or the Supplementary Conditions require the identity of certain Subcontractors and other persons and organizations to be submitted to Owner with the Bid or in advance of the Notice of Intent to Award or Notice of Award, the apparent Successful Bidder, and any other Bidder so requested, shall provide such evidence with the Bid, or shall submit to Owner upon request a list of all Subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the Work as to which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor, person and organization if requested by Owner. If Owner after due investigation has reasonable objection to any proposed Subcontractor, other person or organization, may before giving the Notice of Intent to Award or 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 Intent to Award or 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 Intent to Award or 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 Intent to Award or 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 perform a minimum of 60% of the work of this contract with his/her own forces 11.5. 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 Section for each major subcontractor. Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 9 12. PRICES BID 12.1. Prices shall be shown in unit amounts, written numerical figures, and extensions (Values) whenever applicable. In the event of discrepancies existing between unit amounts and extension (Value) 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. 12.3. Discounts extended to Owner shall include but not be limited to those discounts normally extended to governmental agencies as well as the private sector. 12.4. Chain discounts are not acceptable and will not be considered in determining an award. Firm prices are to be quoted for the term of the Contract. 12.5. Bidder warrants by virtue of bidding that prices, terms and conditions in the Bid will be firm for acceptance, for a period of one hundred and twenty (120) calendar days from the date of Bid opening unless otherwise stated by the Owner. 12.6. The Bid price shall include all permit fees, royalties, license fees and other costs arising from the use of such design, device or materials in any way involved in the work and all costs of packaging, transporting and delivery to the designed location within the Owner. 12.7. For the purpose of evaluation, the Bidder must indicate any variance or exceptions to the stated specification no matter how slight_ Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Bidder meets all the specifications in every respect. 13. BID FORM 13.1. The Bid Form is included herein (see Proposal). 13.2. Bid Forms must be completed in ink or typed. The Unit Price and Extended Value of each Bid Item on the form must be provided in numerals. Contractor must bid on all alternates on the bid form. All bid forms must be filled out in their entirety. Figures must be provided for all unit prices and values. Incomplete bid forms will be considered non -responsive. 13.3. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.4. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 13.5. All names must be typed or printed below the signature. 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). Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 10 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 all alternate(s), unless otherwise indicated. 14. SUBMISSION OF BIDS 14.1. Three copies of the Bid (one signed original, one paper copy, and one electronic pdf on compact disc or flash drive) 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. The Bid Form/Schedule of Values and Bid Bond should be clearly marked with a tab for easy identification during the bid opening process. 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. 16. OPENING OF BIDS 16.1. Bids will be opened publicly. 16.2. When Bids are opened publicly they will be read aloud, and an abstract of the amounts of the base Bids and major alternates (if any) will be posted on Demandstar.com and made available after the opening of Bids. 17. BIDS TO REMAIN OPEN 17.1. All Bids shall remain open for one hundred and twenty (120) calendar 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. 18. AWARD OF CONTRACT 18.1. Owner reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non -responsive or conditional Bids. Discrepancies between words and figures, for total bid prices, will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between the indicated value and the correct value as calculated by the product of the unit price and the estimated quantity will be resolved by using the stated unit price. Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 11 18.2. In evaluating Bids, the Owner shall consider the qualifications of the Bidders and whether or not the Bids comply with the prescribed requirements, alternates, and unit processes of the Bid Documents; conduct and consider total cost evaluations to complete rehabilitation of individual wells expected to be rehabilitated during the course of the contract. 18.3. Owner may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as provided in the Supplementary Conditions and Bid Documents. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by Owner. 18.4. Owner may conduct such investigations as he deems necessary to assist in the evaluation of any Bid, and to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 18.5. Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction. 18.6. If the contract is to be awarded, it will be awarded to the lowest, responsive, responsible Bidder, based on the lowest Total Base Bid price, or the lowest Total Base Bid Price plus any combination of Alternate Bid Items), as evaluated by the Owner to be in the best interest of the Owner. All Bid - pricing shall be submitted on the Bid Proposal Form (Bid Schedule of Values) included in the Front End Bid Documents. 18.7. If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within one hundred and twenty (120) days after the day of the Bid opening. 18.8. More than one Bid received for the same work from an individual, firm, partnership, corporation or association under the same or different names will not be considered. If, in the determination of the Owner, there are reasonable grounds for believing that any Bidder is interested in more than one Bid for the same work, or that any collusion exists among the Bidders, 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 19.1. Article 6.0 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 20.1. When Owner gives a Notice of Award or a Notice of Intent to 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 of the Notice of Award, Owner will deliver all fully signed counterparts to Contractor. 21. PERMITS 21.1. Contractor is responsible to obtain all necessary permits (unless otherwise noted) as required by local, State, and Federal regulations as necessary to perform the Work of the Contract in accordance Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 12 with all regulatory and permit requirements. The Contractor is responsible to perform the Work in accordance with all permit conditions whether Contractor holds the permit or Owner/Town holds the permit. The following permits are expected to be necessary for the Work under this Contract and are provided as a guideline, but not intended to alleviate the Contractor from fulfilling his/her responsibility to obtain all necessary permits. 21.2. The Owner will obtain the following permits, as required, and provide copies to the Contractor of Award: 21.2.1. Palm Beach County Land Development Right of Way (ROW) Construction Permit for discharge of development water; 21.2.2. Notice of Intent to Use the Generic Permit for Discharge of Ground Water from Dewatering Operations (subsection 62-621.300(2) F.A.C.); 21.2.3. South Indian River Water Control District Permit for Use of District ROW 21.3. Contractor is responsible to obtain the following permits and perform Work of the Contract in accordance with the permit conditions: 21.3.1. South Florida Water Management District (SFWMD) ROW permit 21.3.2. Apply for and obtain a SFWMD gate key; 21.3.3. Maintenance of Traffic (MOT) permit from Palm Beach County Traffic Division and/or Town of Jupiter for any pedestrian sidewalk crossings may be required for development water discharge; 21.3.4. Treatment of development water prior to disposal, in accordance with the contract documents and local, State and Federal regulations. 22. TAXES 22.1. The successful Bidder shall pay all applicable sales, consumer use and other similar taxes required by law. 22.2. The Contract contains provisions in the Supplemental Conditions for procurement of materials and equipment incorporated into the project under the Sales and Use Tax Exemption program. 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 intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 23.2. For the purpose of evaluation, the Bidder must indicate any variance or exceptions to the stated specifications no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Bidder meets all the specifications in every respect. Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 13 23.3. A Contract, if awarded, will be on the basis of material and equipment described in the plans and the technical specifications without consideration of possible substitute or an "or equal" item. Whenever it is indicated that a substitute or an "or equal" item of material or equipment may be furnished or used by the Bidder if acceptable to the Owner, application for such acceptance will not be considered by the Owner until after the date of execution of the Contract. In all cases, the low Bidder shall be determined on the basis of the base bid which shall reflect the costs for the materials and equipment specified. Bidders unable to provide the specified materials and equipment shall be determined unresponsive. 23.4. The apparent silence of the specifications as to any detail, or the apparent omission from the Specifications of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the specifications shall be made on the basis of this statement. 23.5. If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 23.6. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installations shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents, 23.7. Plans and specifications will be provided free of charge to the successful bidder upon contract award. These plans and specifications will include two copies of the executed contract (one original), two sets of full size plans, two sets of 11"x17" plans, and electronic copies on compact disk. Additional hard copies of plans and specifications may be provided with the cost charged to the successful bidder at the Town's cost to print and reproduce them. The Owner will not provide anything but complete plan sets. No individual plan sheets or specification sheets will be made. 24. EQUAL OPPORTUNITY 24.1. The Town of Jupiter recognizes fair and open competition as a basic tenet of public procurement. Contractors doing business with the Owner are prohibited from discriminating on the basis of race, color, creed, national origin, handicap, age or sex. 25. OCCUPATIONAL HEALTH & SAFETY Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 14 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 spilis, 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. Contractor of Award and sub -contractors will be required to perform the Work of the Contract in accordance with the Environmental Protection Agency Risk Management Program (40 CRF 68.87) and the Occupational Safety and Health Administration's Process Safety Management Program (29 CRF 1910.119 (h)). 25.4. Contractor of Award, sub -contractor, and all persons performing work at the water treatment plant site under this contract shall be required to attend a mandatory safety orientation hosted by the Jupiter Water Treatment Plant staff. Contractor will be required to coordinate safety orientations with Plant staff at least one week prior to the date in which the work of each trade will be performed. It is requested that the Contractor schedule classes with subcontractor and Town Staff so as to minimize the number of times the class must be presented. Any worker on site who is found not having attended the mandatory safety training will be asked to the leave the site until such safety requirement is met. It is the Contractor's responsibility to make sure all persons working on this project attends the water plant safety orientation. 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 Owner, the successful Bidder agrees to submit to an audit by an independent certified public accountant selected by the Owner. The successful Bidder shall allow the Owner to inspect, examine Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 15 and review the records of the successful Bidder in relation to this Contract at any and all times during normal business hours during the term of the Contract. 26.2. The Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The Contractor understands and agrees that in addition to other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Office of Inspector General of Palm Beach County when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. The Office of Inspector General in Palm Beach County is established by Palm Beach County Code, Section 2-421 - 2-440. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421- 2-440, and be punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 27. CONFLICT OF INTEREST 27.1. The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. Bidders must disclose with their Bid the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the Owner or any of its agencies. Further, all Bidders must disclose the name of any public officer or employee of the Owner who owns, directly or indirectly, an interest of five percent (5%) or more in the Bidder's firm or any of its branches or affiliate companies. 28. SPECIAL LEGAL REQUIREMENTS 29.1. PUBLIC RECORDS 28.1.1. This Agreement is subject to and governed by the laws of the State of Florida, including without limitation Chapter 119, Florida Statutes, which generally makes public all records or other writings made by or received by the parties. The Contractor acknowledges its legal obligation to comply with § 119.0701, Florida Statutes. 28.1.2. A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request, and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. 28.1.3. If a contractor does not comply with the public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. 28.1.4. A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under s. 119.10. 28.1.5. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 561-741-22701 Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 16 BRITTANYG@JUPITER.FL.US, OR 210 MILITARY TRAIL, JUPITER, FL 33458. 28.2. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES 28.2.1. The Town of Jupiter encourages and agrees to the successful bidder extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful bidder. 28.3. CONE OF SILENCE, Sec. 2-355. Cone of Silence 28.3.1. Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: 28.3.1.1. Any person or person's representative seeking an award from such competitive solicitation; and 28.3.1.2. Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. 28.3.2. For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. 28.3.3. The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. 28.3.4. The provisions of this article shall not apply to oral communications at any public proceeding, including pre -bid conferences, oral presentations before selection committees, Contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. 28.3.5. The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 17 28.3.6. The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. 28.3.7. Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. 29. OPEN END CONTRACT 29.1. No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open end Contract. Estimated quantities will be used for Bid comparison purposes only. The Owner reserves the right to issue Work Orders as and when required for proposed work for any or all bid items or any combination thereof. Work under this Contract is subject to fiscal appropriation by the Jupiter Town Council in either or both the Town's Community Investment Program (CIP) and fiscal year operating budgets. Estimated funding budgets anticipated being available for the initial contract term and subsequent renewals are provided in the table below. 29.1.1. The Town's fiscal calendar runs from October 15Y through September 30t''. 29.2. The Owner reserves the right to purchase commodities/services specified herein through contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required within a short period than the delivery time specified in the Contract, and if the seller is unable to comply therewith, the Owner reserves the right to obtain such delivery from others without penalty or prejudice to the Owner or to the Bidder. 29.3. The initial term of the Contract will be 435 calendar days from the date of Notice to Proceed. Owner and Contractor may agree to renew the Contract in one (1) year (365 days) increments for a total of two (2) consecutive additional years, in accordance with the Town of Jupiter's Purchasing Policy and the terms of the original Contract. Renewals will be in writing by change order to the Contract and are subject to the same terms, conditions, and unit pricing set forth in the initial Contract and any written amendments/change orders signed by both parties (Owner and Contractor). No compensation shall be made for costs associated with renewal of the Contract. Renewals are contingent upon satisfactory performance evaluations by the Owner and subject to the availability of fiscal year funding approved by the Jupiter Town Council. Contractor may elect not to extend the Contract with 90 days written notice to Owner. Owner is not obligated to extend 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. SPACE INTENTIONAL LEFT BLANK. PROCEED TO NEXT PAGE. Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 18 Anticipated Estimated Funding Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Year Project Description Estimated Value Initial Term Well Rehabilitation & Investigation (CIP) $470,000 Well Mechanical Repairs & Replacements (Operating, R&M) $100,000 Unanticipated Emergency Repairs $100,000 Initial Term Estimated Total $670,000 1s' Renewal Well Rehabilitation & Investigation (CIP) $150,000 Well Mechanical Repairs & Replacements (Operating, R&M) $100,000 Unanticipated Emergency Repairs $100,000 15' Renewal Term Estimated Total $350,000 2nd Renewal Well Rehabilitation & Investigation (CIP) $150,000 Well Mechanical Repairs & Replacements (Operating, R&M) $110,000 Unanticipated Emergency Repairs $100,000 2nd Renewal Term Estimated Total $360 000 Estimated Total Contract $1,380,000 END OF INSTRUCTIONS TO BIDDER Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 19 Bid Proposal Bidding Company Name: Florida Design Drilling Corporation Town of Jupiter Utilities 210 Military Trail Jupiter, FL 33458 Gentlemen: The undersigned, as Bidder, hereby declares that the only Persons, company, or parties interested in the Proposal or the Contract to be entered into, as principals, are named herein; and that this Proposal is made without connection with any other person, company, or parties making a Bid or Proposal; and that it is in all respects fair and in good faith without collusion or fraud. That the Bidder has carefully and to his full satisfaction examined the attached Instructions to Bidders, General Conditions, Supplementary Conditions, detailed Specifications, and Form of Contract and Bond, together with the accompanying plans, and that Bidder has read all addenda issued prior to the opening of Bids; and that Bidder 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: Furnish all permits, labor, equipment and materials necessary to investigate, rehabilitate, and/or maintain Upper Floridan Aquifer (UFA) production wells for the Town of Jupiter (OWNER), located in Jupiter, Florida. The work as specified includes, but is not limited to permitting; mobilization; removal of portions of the existing wellhead; removal of the drop pipe, and appurtenances; well kill(s) as required; down -hole video and geophysical logging under static and flowing conditions; plumbness and alignment testing of existing well casings, acid treatment of the completion interval; removal and treatment of the residual spent acid water; purging of the well, flow testing, formation water treatment and disposal system- (including temporary piping and pumps); reinstallation of the pump, drop pipe, wellhead ready for service; well facility disinfection, purging and bacteriological clearance; demobilization and restoration of well sites; and completion of all required work to the extent the well facility has been successfully rehabilitated, returned to service and accepted by the OWNER based on the intent of the contract documents. Additional well maintenance and rehabilitation activities may also include miscellaneous welding, mechanical repairs, and all other incidentals as outlined on the bid documents and all appurtenances necessary to complete the Work based on the intent of the contract documents. 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. TMn of JupitOrthIlitles Floridan Well Rehabilitation Program (W1957) Page 20 Bid Schedule of Values - REVISED BY ADDENDUM NO. 3 Floridan Aquifer Well Rehabilitation Program (W1957) The following schedule of bid items has been developed to allow the Town to equitably evaluate bids. Individual bid item unit costs will be used to establish the total cost of each scope of work developed to rehabilitate, investigate and/or maintain wells; work orders will be issued as authorization to proceed with the various scopes of work to be completed under this Contract. Town does not guarantee that estimated quantities shown will be utilized in full, or at all. The Town may utilize some or all of these bid items for each scope of work, as the Town deems necessary. Item Estimated No. Item Description Unit Quantity Unit Price Extended Value 1 General Conditions 8 % of Total Bid Price* (Maximum Allowable 10%) LS 1 $ 30,000.00 $ 30,000.00 2 Mobilization/Demobilization 6 %of Total Bid Price* (Maximum Allowable 8%) LS 1 $ 25,000.00 $ 25,000.00 3 Bonds and Insurance (Maximum Allowable 3%) LS 1 $ 9,500.00 $ 9,500.00 4 Indemnification LS 1 $ 100.00 $ 100.00 5 Complete Removal and Re -installation of Wellhead Each 7 $ 15,000.00 $ 105,000.00 6 Perform Downhole Video Log Each 5 $ 3,500.00 $ 17,500.00 7 Perform Complete Geophysical Lo pLogging Each 3 7,500.00 $ $ 22,500.00 8 Perform Plumbness and Alignment Testing Each 4 $ 1,500.00 $ 6,000.00 9 Complete Setup, Placement and Removal for Full Strength Acidization Each 1 $12,500.00 $ 12,500.00 10 Complete Setup, Placement and Removal for Blended Acidization Each 1 $12,500.00 $ 12,500.00 11 Furnish Well Acid Gallon 20,000 $ 3.50 $ 70,000.00 I 12 Pump Develop Well Hour 40 $ 250.00 $ 10,000.00 13 Pump Testing Hour 20 $ 250.00 $ 5,000.00 Addendum No. 3 Floridan Well Rehabilitation Program (W1957) Page-3 of 14 Bid Schedule of Values (Continued) — REVISED BY ADDENDUM NO 3 Floridan Aquifer Well Rehabilitation Program (W1957) Item Item Description Unit Estimated Unit Price Extended Value No. Quantity 14 Modify Discharge Piping with 6-inch Stainless Steel Blow -off LS 1 $ 5,000,00 $ 5,000.00 15 Well Facility Disinfection Each 7 $ 3,000.00 $ 21,000.00 16 Bacteriological Sampling and Testing Each 7 $ 0.00 $ 0.00 17 Site Restoration Each 3 $ 1,000.00 $ 3,000.00 18 Certified Welding Services Hour 10 $ 200.00 $ 2,000.00 19 Licensed Electrician Services Hour 10 $ 200.00 $ 2,000.00 20 Furnish and Install Additional Discharge Pipe LF 1000 $ 2.50 $ 2,500.00 21 Extra work by Rehabilitation Crew (Foreman and one Crew Member) with Equipment Hour 10 $ 350.00 $ 3,500.00 22 Extra work by Rehabilitation Crew (Foreman and one Crew Member) without Equipment Hour 10 $ 250.00 $ 2,500.00 23 Standby Time with Rehabilitation Equipment and Crew On -Site Hour 10 $ 250.00 $ 2,500.00 24 Standby Time with Rehabilitation Equipment On -Site and Crew Off -Site Hour 10 $ 25.00 $ 250.00 25 Unidentified Parts Allowance LS 1 $ 20,000.00 $ 20,000.00 Total Bid Price: (Item Nos. 1-25) _ $ 389,850.00 *Bidder shall indicate the percentage (%) in the blank provided on the Bid Form for Pay Items 1 and 2. Refer to Section 01025 Measurement and Payment of the technical specifications for additional detail for all Pay Items Total Bid Price (Items 1-25) in Words: Three Hundred Eighty -Nine Thousand Eight Hundred Fifty Dollars and zero cents (The Total Bid Price is to be written in numerical figures above. In case of discrepancies or errors, the unit price bid item shall govern and the corrected Total Bid Amount shall be calculated as such.) Addendum No. 3 Floridan Well Rehabilitation Program (W1957) Page 4 of 14 Bid Schedule of Values (Continued) — REVISED BY ADDENDUM NO 3 Floridan Aquifer Well Rehabilitation Program (W1957) MUST CHECK ONE OF THE FOLLOWING: BACTERIOLOGICAL CLEARANCE LABORATORY Approved State Department of Health Laboratory (DOH Certified) V Town of Jupiter Utilities Laboratory (DOH Certified) - Use of Town of Jupiter Water System Lab will result in no charge for Item No. 16 on the Schedule of Values. END OF BID SCHEDULE OF VALUES Addendum No. 3 Floridan Well Rehabilitation Program (W1957) Page 5 of 14 List of Subcontractors/Suppliers The Bidder shall list below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the Work or improvement, or a subcontractor licensed by the State who, under subcontract to the prime contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of two percent (2%) of the prime contractor's total bid. Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. If Prime Contractor will self -perform any of the work listed below it shall be indicated as self -perform under Subcontractor License Number. Subcontractor Percent of Subcontractor/Supplier Work to be Performed License Number Total Contract Name & Address MV Geophysical Surveys Geophysical Lo In NA <l0% 11000 Metro Pkwy #12 Logging Fort Myers FL 33966 Note: Provide licenses, certifications, experience, and qualification forms for those subcontractors listed above. Attach additional pages as needed. Town of Jupiter Utilities Floridan Well Rehab ilitatio,. Pi ugram (W 1957) Page 23 Qualification Requirements (Complete these pages entirety and include with Bid. Attach copies of applicable Licenses) THE UNDERSIGNED GUARANTEES THE TRUTH AND ACCURANCY OF ALL STATEMENTS AND ANSWERS HEREIN CONTAINED: A. Any information for which OWNER cannot corroborate is grounds for rejection of Bid. (Use additional sheets as needed to provide the required information.) 1. State the numbers of years your organization has been doing business in the State of Florida: 15 2. State the location of the office from which this Contract will be managed. 7733 Hooper Road, West Palm Beach, FL 33411 3. State the number of employees available to complete the work contemplated by this contract. >20 4. State Name and years of experience of Bidder's Project Manager to be assigned to this Project. Provide the proposed Project Manager's experience for at least four (4) similar projects within the past five (5) years. Provide information as to the role of the individual for the stated previous projects and his/her intended role for this Contract. Provide reference contact information for Project Manager on previous projects listed. If in Owner's opinion the proposed Project Manager is not qualified to act at Project Manager for this Contract based on the information presented by the Bidder and Owner's verification of references, Bidder shall propose another Project Manager. Owner and Bidder shall agree on the Project Manager for this Contract before the Contract is awarded. Project Manager's: Name: Mike Black Years of Experience in this type of work: 20 Years of Experience as a Project Manager in this type of work: 17 5 Only Bidders who are qualified and have completed at least four (4) similar projects over the last five (S) years or equivalent experience as determined by the Town to be in the Town's sole best interest will be considered for award. 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. Names and experience of Major Subcontractors (proposed to perform 2% or more of the work of this contract) to be used on this project shall also be included in the Bid Proposal Package. Copy this form and attach additional pages as needed. Provide Four (4) similar projects for major subcontractors. Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 24 Qualification Requirements (Continued) As Bidder, we certify the following: (1) NAME & LOCATION OF PROJECT: Wellin Wellington, FL VALUE AND SCOPE OF WORK: $841,065.00 Rehabilitation and Maintenance Phase II The scope of work consists of rehabilitation and maintenance of surficial aquifer wells. BIDDER WAS: [X ] PRIME CONTRACTOR [ ] PRIME CONTRACTOR (CHECK ONE) NAME OF BIDDER'S PROJECT MANAGER: Michael Black DATE OF NOTICE TO PROCEED/CONTRACT START: 1/22/19 OWNER OF PROJECT: The Village of Wellington OWNER CONTACT NAME: Shannon Laroque OWNER PHONE NUMBER: 561-791-4000 OWNER ADDRESS: 12300 Forest Hill Blvd Wellington, FL 33414 ADDITIONAL INFORMATION: Note, our geophysical logging sub, MV Geophysical Services, also shares this project as qualification, MV Geophysical Services provides logging services for us on this project. SPACE INTENTIONAL LEFT BLANK. PROCEED TO NEXT PAGE. Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 25 Qualification Requirements (Continued) (2) NAME & LOCATION OF PROJECT: NSID - Well Rehabilitation and Maintenance Coral Springs, FL VALUE AND SCOPE OF WORK: $416,750.00 The scope of work consists of rehabilitation and maintenance of Biscayne aquifer supply wells well system. BIDDER WAS. [X] PRIME CONTRACTOR [ J PRIME CONTRACTOR (CHECK ONE) NAME OF BIDDER'S PROJECT MANAGER: Michael Black DATE OF NOTICE TO PROCEED/CONTRACT START: August 2019 OWNER OF PROJECT: North Springs Improvement District OWNER CONTACT NAME: Rod Colon OWNER PHONE NUMBER: 954-520-0319 OWNER ADDRESS: 9700 NW 52nd St Coral Springs, FL 33076 ADDITIONAL INFORMATION: Note, our geophysical logging sub, MV Geophysical Services, also shares this project as qualification. MV Geophysical Services provides logging services for us on this SPACE INTENTIONAL LEFT BLANK. PROCEED TO NEXT PAGE. Town ofJupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 26 Qualification Requirements (Continued) (3) NAME & LOCATION OF PROJECT: Broward County Well Rehabilitation Broward County, FL VALUE AND SCOPE OF WORK: $198,915.00 The scope of work consists of rehabilitating and maintenance of Biscayne aquifer wells. BIDDER WAS: X] PRIME CONTRACTOR i ] PRIME CONTRACTOR (CHECK ONE) NAME OF BIDDER'S PROJECT MANAGER: Michael Black DATE OF NOTICE TO PROCEED/CONTRACT START: 8/16/19 OWNER OF PROJECT: Broward County OWNER CONTACT NAME: Nestor Berrios OWNER PHONE NUMBER: 954-831-0728 OWNER ADDRESS: 2555 W Copans Rd Pompano Beach, FL 33069 ADDITIONAL INFORMATION: Note, our geophysical logging sub, MV Geophysical Services, also shares this project as qualification. MV Geophysical Services provides logging services for us on this project. SPACE INTENTIONAL LEFT BLANK. PROCEED TO NEXT PAGE. Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 27 ij Qualification Requirements (Continued) (4) NAME & LOCATION OF PROJECT: Village of Golf Delray Beach FL VALUE AND SCOPE OF WORK: V27,000.00 Scope of work consists of rehabiliation of surficial aquifer wells. BIDDER WAS: [XI PRIME CONTRACTOR [ I PRIME CONTRACTOR (CHECK ONE) NAME OF BIDDER'S PROJECT MANAGER: Mike Black DATE OF NOTICE TO PROCEED/CONTRACT START: February 2020 OWNER OF PROJECT: Village of Golf OWNER CONTACT NAME: John Lisle OWNER PHONE NUMBER: jlisle@Vlllageofgolf.Org OWNER ADDRESS: 21 Country Road Village of Golf, FL 33436 ADDITIONAL INFORMATION: Also'contact Thomas Biggs (Mock Roos) 561.472.6216 Note our geophysical logging sub MV Geophysical Services, also shares this project as qualification. MV Geophysical Services provides logging services for us on this project. SPACE INTENTIONAL LEFT BLANK. PROCEED TO NEXT PAGE. Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 28 Proposal (Continued) If awarded the Contract, the undersigned agrees to execute the attached Agreement/Contract within fifteen (15) calendar days from the date set forth in the Notice of Award and to fully complete all necessary work within the time limits specified below after date of written Notice to Proceed, with such extensions of time as are provided for in the General Conditions. Substantial Completion: 405 calendar days from Notice to Proceed Final Completion: 435 calendar days from Notice to Proceed The undersigned understands the Contract time starts on the date of Notice to Proceed. There is enclosed a bid guarantee consisting of five percent (5%) of bid price. The undersigned agrees that all bid documents issued for this project, including addenda, have been reviewed and site visits performed, as necessary to provide a comprehensive bid. The undersigned acknowledges receipt of 6 (insert number) Addenda for this project. The undersigned furthermore agrees that, in case of failure on undersigned's part to sign said contract and provide required bonds, power of attorney's, and insurance within (15) days after receipt of a Notice of Intent to Award or a Notice of Award, whichever comes first, the check, bond, or other security accompanying undersigned's Bid and the money payable thereon, shall become the property of the Town, by forfeit as agreed and liquidated damages; otherwise the check or bond accompanying undersigned's Bid shall be returned to the undersigned. The undersigned acknowledges that payments made by the Town of Jupiter will be made via electronic funds transfers (EFT) and vendor will provide the Town of Jupiter with the information required to make EFT payments. The undersigned, if awarded the contract, agrees to furnish at time of signing the contract, a payment bond and a performance bond, each in the amount of 100% of the contract value as set forth in "Instructions to Bidders". The undersigned is aware that 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 Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 29 The undersigned states that this bid proposal is the only proposal for this project in which he is interested and certifies that all of the information provided in this bid proposal is true and correct. SUBMITTAL DATE 6/17/2020 FIRM NAME Florida Design Drilling Corporation BUSINESS ADDRESS 7733 Hooper Road, West Palm Beach, FL 33411 BUSINESS TELEPHONE 561-844-2966 FIRM'S FEIN 20-2779560 SIGNATURE OF RESPONSIBLE OFFICIAL PRINT NAME AND TITLE Mike Black, Senior Vice President EMAIL ADDRESS OF RESPONSIBLE OFFICIAL mike@fldrllling.com STATE OF INCORPORATION Florida FULL NAMES AND ADDRESSES OF PERSONS OR PARTIES INTERESTED IN THE FOREGOING BID, AS PRINCIPALS: Daniel Ringdahl - CEO; Noah Ringdahl - President; Mike Black - Senior VP 7733 Hooper Road, West Palm Beach, FL. 33411 THIS SPACE WAS INTENTIONALLY LEFT BLANK PROCEED TO NEXT PAGE Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 30 Contractor Safety Qualifications/Requirements 1. APPLICABILITY Any contractors performing maintenance, repair, turnaround, major renovations, or specialty work on or adjacent to the hazardous chemical process at the Jupiter Water Treatment plant is subject to the contractor safety requirements of the Environmental Protection Agency Risk Management Program (40 CRF 68.87) and the Occupational Safety and Health Administration's Process Safety Management Program (29 CRF 1910.119(h)), CONTRACTOR SHALL SUBMIT A COMPLETED COPY OF THE ATTACHED "CONTRACTOR SAFETY QUALIFICATION FORM" WITH THEIR BID. FAILURE TO INCLUDE THIS FORM WITH THE BID IS GROUNDS FOR DISQUALIFICATION. 2. OWNER RESPONSIBILITY (A) Selecting a Contractor: 1. When selecting a contractor, obtain and evaluate information regarding the contractor's safety program. (B) Informing a Contractor: 1. Inform the contractor of the known potential fire, explosion, or toxic release hazards related to the contractor's work and regulated process. 2. Explain to the contractor the applicable provisions of the facilities emergency response program (i.e. alarms, evacuation routes, etc.) 3. Inform the contractor of the facility's safe work practices of operations such as: • Confined space entry • Equipment/line opening • Lockout/tagout Program • Control over entry into regulated (i.e. hazardous) process areas • Hot Work Permit (C) Evaluating a Contractor's Performance 1. Evaluate the contractor's performance in fulfilling their requirements under this regulation. 3. CONTRACTOR RESPOSIBILITY (A) Assure that each of the contractor's employee's is trained in the work practices to safely perform his/her job, and to document that each employee understood the training. This documentation will include the name of employee, date of the training, and means used to verify that the employee understood the training. (B) Assure that each of the contractor's employees are instructed in the known potential fire, explosion, or toxic release hazards related to his/her job and the process, and the applicable provisions of the emergency response plan. Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 31 (C) Assure that Contractor's employees and subcontractor's/laborers attend the WTP safety orientation and follow the facility's safety rules including safe work practices such as control over entry into hazardous chemical process areas, lockout/tagout, equipment/line opening, confined space safety, and hot work permit. (D) Advise the facility owner of any unique hazard presented by the contractor's work, or of any hazards found by the contractor. (E) Obtain and evaluate information pertaining to subcontractor's safety programs. (F) Assure that subcontractor's and laborers are trained in their work practice to safety perform their jobs. 4. CONTRACTOR SUBMITTALS (A). Training Certification Prior to the commencement the contractor shall certify in writing to the Owner that those employees involved in work on or around the hazardous chemical process at the Jupiter Water Treatment Plant have successfully completed training in accordance with 40 CFR 68.87(c) and 29 CFR 1910.119(h)(3). (B). Records Maintenance The Contractor shall maintain a record of those employees who successfully completed the above training. These records must include the following information: • Name of the employee • Contents of training • Date of training • Means used to verify that the employee understood the training (C). Additional Responsibilities 1. Contractor must immediately inform the Owner of all contract employee injuries or illness resulting from work performed on or around and hazardous chemical process. 2. Contractor must immediately inform the Owner of any injuries resulting from any work at the facility. 3. Contractor employees, subcontractors, and laborers must participate in a mandatory on -site safety orientation conducted by the Owner before work begins. It is the Contractor's responsibility to schedule these meetings with the Owner, and it is the Contractor's responsibility to ensure all persons working on the Water Treatment Plant site under this contract have attended the mandatory on -site safety orientation. Failure to do so will result in removal of those persons who have not received the training from the job site until such time as the training is obtained. Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 32 Contractor Safety Qualification Form SECTION 1: COMPANY INFORMATION Company Name: Florida Design Drilling Corporation Address 1: 7733 Hooper Road Address 2: City, State, Zip: West Palm Beach, FL 33411 Telephone No.: 561.844.2966 Fax No.: 561.844.2967 SECTION 2: NAME(S) AND RELATIONSHIPS OF PARENT COMPANY, AFFILIATES, SUBSIDIARIES, PARTNERS Company Name: Address: City, State, Zip: Relationship: Company Name: Address: City, State, Zip: Relationship: SECTION 3: INSURANCE COVERAGE 3.1 Please attach certificates showing the extent of coverage, exclusions and deductibles for the following: General Business Liability Insurance Professional Liability Insurance Attached - Contractors Pollution Liability Insurance Workman's Compensation, Insurance 3.2 How long have you been covered by your current provider of Workman's Compensation Insurance? 2 years 3.3 List the Experience Modification Ratio (EMR) that has been applied to your company's workman's compensation insurance policy for the past five years: Year Intrastate EMR Interstate EMR Comments 2019-20 0.74 2018-19 0.91 2017-18 0.96 2016-17 1.00 Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 33 Contractor Safety Qualification Form (Continued) 1 3.4 List the contact information for an insurance broker who can verify your EMR's: Name: Collinsworth Alter Lambert Address 1:23 Eqanfuskee Street Address 2: Suite 102 City, State, Zip: Jupiter, FL 33477 Telephone No.:561-776-9001 If you do not have an EMR, please explain: I SECTION 4: INJURY AND FATALITY INFORMATION I 4.1 Please transfer the numbers and rates of injuries and illnesses from your firm's OSHA No. 200 Logs to the table below: Statistic Year:2019 Year:2018 Year:2017 No. Rate No. Rate No. Rate Lost Workday Cases 4 4.91 3 6.16 0 Restricted Workday Cases 0 3 6.16 0 Medical Treatment (not First Aid) Cases 4 4.91 3 6.16 0 Total Illness Cases 0 0 0 Total Recordable Cases 4 4.91 4 8.214 3 9.116 Fatalities 0 0 0 4.2 If your company has had fatalities in the past three years include location, cause and corrective actions in the space below: None Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 34 Contractor Safety Qualification Form (Continued) SECTION 5: SAFETY MEETINGS 5.1 Do you require that documented safety meetings be held for: Field Supervisors?X Yes —No Frequency: Weekly and OSHA 30 Employees?X Yes —No Frequency Weekly and OSHA 10 New Hires?X Yes _ No Frequency:Weekly and OSHA 10 Subcontractors?X Yes _ No Frequency: Per Event SECTION 6: SAFETY AUDITS 6.1 Will a representative of your company audit safety practices on this job? X Yes No In addition to crew eads daily/weekly meeting, FDD uses GFA International for professional 3rd party HAS audits and field checks Name:Eric Goeller Title: Safety Consultant How frequently will the representative visit the project site?Monthly at minimum and new events SECTION 7: HEALTH AND SAFETY PROGRAM 7.1 Does the company have a health and safety program? If yes, please give details below. (The contractor is encouraged to attach a copy of the program to satisfy this requirement). YPs in nrirtitinn to fha saniirac of (;FA IntarnntinnnI Fnn has a r-.nmpgn�i haalth and cafat i plan (attached). We use our corporate HASP and develop site specific HASPs for each project All company superlln en ens are UbHA JU trainedand all other employees are 7.2 Please give the name and telephone number of your company's health and safety officer, if any: Name: Lou Goldberg Title: Lead Superintendent Telephone No.: 772.579.2506 SECTION 8: HEALTH AND SAFETY CITATIONS 8.1 Attach a list of any State or Federal Health and Safety citations received during the past three years. None SECTION 9: SIGNATURE OF COMPANY OFFICER I certify that to the best of my knowledge, information, and belief formed after reasonable inquiry, the information submitted is true, accurate, and complete, Name (print): Michael Black Title: Senior VP Signature: Date: 6/16/2020 Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 35 Sworn Statement PURSUANT TO SECTION 287.133(3)(a),FLORIDA STATUES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS, 1. This sworn statement is submitted to Town of Jupiter [print name of the public entity] by Mike Black, Senior Vice President [print Individual's name and title] for Florida Design Drilling Corporation [print name of entity submitting sworn statement] whose business address is_ 7733 Hooper Road West Palm Beach, FL 33411 and (if applicable) its Federal Employer Identification Number (FEIN) is: 20-2779560 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn Statement: ,) I 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. I 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 contendere. 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 An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term affiliate includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. Town of Jupiter Utilities Floridan Well Rehabilitation program (W1957) Page 36 5. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] 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 INFO MATZO CONTAINED IN THIS FORM. i I / _ // [signature] Sworn to and subscribed before me this I L day of -J-Lt v*, [-- —aK2X(;) ll-e—rsonall oWn Michael Black OR Produced identification My commission expires (Printed typed or stamped comm Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Notary Public — State of SHARON LAWRENCE MCGEE n(a a Asp�yq)t�G)9764 MY Comm. Expires Jul 31, 2021 hooded Ihwugh National Nola yAssn. Page 37 Trench Safety Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Fla.) effective October 1, 1990. The bidder further identifies the costs to be summarized below. TRENCH SAFETY MEASURE UNITS OF EXTENDED MEASURE UNIT UNIT (DESCRIPTION) r;LF SY (QUANTITY) COST COST A. No trenching expected in the scope of work. B. C. FBI Failure to complete the above may result in the bid being declared non -responsive. THIS SPACE INTENTIONALLY LEFT BLANK PROCEED TO NEXT PAGE Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 38 =6 Bidder Name: Florida Design Drilling Corporation Phone: 661-844-2966 Address (principal place of business): 7733 Hooper Road West Palm Beach, FL 33411 Owner I Name: Town of Jupiter Phone: 561-746-5134 Address (principal place of business): Town Hall Water Treatment Plant l 210 Military Trail 17403 Central Blvd. Jupiter, FL 33458 Jupiter, FL 33458 Surety Name: Philadelphia Indemnity Insurance Company Phone: 610-206-7836 Address (principal place of business): One Bala Plaza East, Suite 100 Bala Cynwyd, PA 19004 Bid Project (name and location): Floridan Well Rehabilitation Program (W1957) 17403 Central Blvd., Jupiter, Florida Bid Due Date: June 17, 2020 at 2:00pm Bond Number: N/A Penal Sum: 5% of amount bid Date of Bond: June 17. 2020 hereby, subject to the terms set forth in this Bid Bond, do each Surety and Bidder, intending to be legally bound cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. Surety affirms it is anthnri7Pd to do business in the State of Florida, and the Town of Jupiter, and as having an Agent resident therein, Bidder Florida Design filling Corporation ( ull % m 1 name f B udder) By: Signature) Name: Jeffrey Hoist (Printed or typed) Title: Senior Vice President Attest: (Signature) Name: ----- (Printed or typed) r Title: V� c- Surety Philadelphia Indemnity Insurance Company. (Full formal nonce ojr urety) (corpora eal) By: rkwr- (Signature) (Attach Power of Attorney) Name: Brett Rosenhaus (Printed or typed) Title: Attorney -in -Fact Attest: -- ignoture) Name: Rita Lazarides_ _ — (Printed or typed) Title: Witness Notes. (1) Note: Addresses ore to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary. Addendum No. 1 Floridan Well Rehabilitation Program (W1957) Page 2 of 3 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond will be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds, Power of Attorney(s), and Certificate(s) of Insurance required by the Bidding Documents. 3. This obligation will be null and void if: 3.1. Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds, Power of Attorney(s), and Certificate(s) of Insurance required by the Bidding Documents, or 3.2. All Bids are rejected by Owner, or 3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions does not in the aggregate exceed 120 days from the Bid due date without Surety's written consent. 6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety, and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Postal Service registered or certified mail, return receipt requested, postage pre -paid, and will be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. Addendum No. 1 Floridan Well Rehabilitation Program (W1957) Page 3 of 3 1'llll..\t)1:1.1'tll:\ 1 1\SI it.%\('F: I lnc Hula Plw..a time 1«h Halal')n\s)d. NA I90I)•1-lit)" Pi\\ Cr of .\11u1•nc) ration organized KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY appoint BrettNCE COMPANY (the COMPal'Yl, a Ro enhaus .R cha d Zimmermanoand Dale Allison Belllls ofsting under the laws of the Commonwealth of Pennsylvania, does hereby constitute and other Nielson Rosenhaus & Associates, its true and lawful Attorney-m-fact with full authority to execute on its behalf bonds, (:omp ayn he eby, iniannces amount not to contracts of indemnity and writings obligatory in the nature thereof, issued in fife course of its business and to bind the Com an thereby, exceed $SO 000,13 IhI, I'o\\n of :\uunte\ i, granteJ :end i, signet and scale) h\ litcsinlile tildcl and h\ the authority III, tile follglneng Resolupull adopted h\ the Board (it Dircelols of IIIIII ADD 1.1411A INI)PNINI'IY INSUItANe'I[ CONIPANY glu the I•I"' ul'Ngl\embcl. 2t)16 or Vice III tile hill a1J'authorizes President r(eItFSOLVED: lnpn\ "11\ppImtAItornc\i,l ill I crchv elmJ authurleeheAllorcu,) en Inctlu \ccidc am hehall' u( the ( unq);uI) htn«Is :old undertaken,',. connuet, ill ulJcnunl\ and glitter wn«nes ubh,_alol\ In the nalule lhereol' and lu attach file wa l ill, he t'unlpin\ thereto. and l21 bl rCI11U\l'. ;it ilm little, :III1 sllch :\It,1111C1-III-Fllcl and tenUkl' ll1C i1lIt1Ul ll\ "hell And. Ile it Fl K I I11•:It ItI:SI)I.1'I:U; [hill the signature, ill such uflicen and IhC will tot the L unlpan\ Ina) he alti\ed I' an) such Po\\er ill Alluntc\ ur ccnllicatc rclarng "here"' l" tiu,undc auJ :un Bich Pon\cl of sn C\Ccuted and ccullicd h\ luc.nnlic se naulte, glut I:IC,nnilc seal .hall he ealid and hindurg upon the (bngnul\ III file lnuie loth rCspcel to am hand or undertaking to \\itch it a 'Hitched IN 11 S11NIONl 11'11FRI.(>f. 17111I.ADLI.P111A INDI:\INFI Y INSURANCE comPANY IIAS CAUSI) Hills INSIRI INIFN I W I(I SIONta) AND I1'S (()Rpt )IL\ I I SI AI It) Ilk AFFI\IA) BY 1I S At' 1*11ORI/17l) l)fFl('F "I'I11S 27111 DAY OF OLAO11E1t. 2017 I tieal l Rnhet" U l )'Lcul, h. President \ Philadelphia hldenuil\ In,luancc C'ontpun\ I m Ihh 271" da\ 111 ()CtglbCf. 21117 heli)IC lilt: C1inC the tluliudual oh„ c\ceuted the preceding nt,trunlenl to nle pclumalh knomi, and hang h\ me dun) so urn said 111:11 Ile I, file thclenl dCKllhCd and authunied illlicCl III [Ile 1'1 INSI It 1\('I: it ONII'.1\1 that the ,cal alli\cd lu ,iud m\uunicnl 1, lilt: t ulp,vate Will ul ,nod I nnipan\. that the said I orptu;ie Seal and Ili, signature \\cie dish aalli—I +,+seise t7111Y\!y _ p e IIOIUI L l uu�,1gM+�ryu nwnrpwac Altar\ Public ' lll,ul�e„ao',r,l.l.l !M, 76. ie77 resldhlgut IluaClu\\\d 17:\ --- INuuu) Sca11 Nh coliIInhsltti expires ScPlelnhel 13, 2112I — I 1 dnard S,1\agu. C orporale Secretan ui 1'l Ill ADFU'111A I?SUFNINI I Y INSI RANI P ('()\IIIANY du hctch\ cenil') that the littcgunlg re,olutiun ul IhC Bu:id of 1 hlee(a, and III,: I''\\er .I Woola) I„ued Puuu:ilt Iliciclal un the 1711• dal 'I I klohet. _Ill' ale true and correct and are shin In Bill lilt cc :Ind ellccl. I it,) litrther Vert I \ thin Robeil 11 () I,c:a\ It . \+Ito C\eeillcd Ilse Pvl,cl gll Allmsiv, a, I'remdcul. %it, m the I:Ile Of ON-Millon nl the allacllc(I Po\\a ill Alionle\ the dill\ elected Pre,idclll ul'I'IIII.AI)I I I'llIA INDININII I INS[ IIiANt'I I'ONiPANY June lu I r,umoll\ \\ hereon 1 hu\e wb,enlxJ nl) uan)e ant ahi\eJ IIIC facsuudc seal gll each C"nmpam Ihu 17th Ja\ ul _.------- _. _--- . -_--- 20 _20- - I (1\suul Si)(Ieo. (bgluralC $eelelar) 1'1111..11)F.1.1'lll:1 I\UI:�INI"Il INSI I4.\N(4:l O111'AN1 FLORDES-01 DPALLERO A�ORO CERTIFICATE OF LIABILITY INSURANCE DATE 1 5/21/22112020 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certaln policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER CONTACT Suzanne Nelson NAME,---.— ---- _ CAL Risk Management PHONE --- 23 Eganfuskee Street (Arc, No.Exlh(561) 868.6291 FAX flaJ061) 427.6730 Suite 102 E-MAIL Jupiter, FL Snelsoncalllacom 33477 ADDRESS; @__. _ _ _ _ ___ INSURERIJ.AFFGRDING.COVERAGE_ _ AIC0 INSURER A: Zurich American Ins. Co. INSURED INSURER e: Landmark American Ins Co _ Florida Design Drilling Corporation I_INSURER C:Navigators Specialty Insurance Co 36056 7733 Hooper Rd. E "SURER D: Aspen American. Insurance Company _ 43400 West Palm Beach, FL 33411 - - INSURER E COVERAGES CERTIFICATE Nl1MRFR- RFV'IClnrd n111MR9=04 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL�SUBR T POLICY EFF POL(MMLICY EXP TYPE OF INSURANCE POLICY NUMBERI. p LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 AMACLAIMS-MADE X OCCUR GL0375970902 1/1/2020 1/1/2021 PREMISES McEoccur ence)__ . s __ 300,000 MED EXP.Wy one person)___ S 10,000 , PERSONAL & ADV INJURY_ S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY X jro LOC 2r000r000 _ PRODUCTS - COMP/OP AGG S - OTHER: S A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 _ S X ANY AUTO BAP375971002 111 /2020 1/1/2021 BODILY NJINJ . BODILURYIP"eraon) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY BODILY INJURY Per accident), $ p A�TOS ONLY AUTOS XI? {PeOaccldenlg AGE S i PIP s 10,000 f B UMBRELLA LIAB X OCCUR I 4,000,000 EACH OCCURRENCE S X EXCESS LIAR CLAIMS -MADE LHADS8506 1/1/2020 1/1/2021 AGGREGATE S 4,000,000 _ DEC) X RETENTIONS 0 S t COMPENSATION A AND X H EMPLOYERS' LI, LIITY Y I N I ANY PRO PRIETOR/PARTNER/EXECUTIVE N STATUTE ERPER WC375970802 1/1/2020 111/2021 1000000 E.L. EACH ACCIDENT � OFFICERIMEMBER EXCLUDED? N/A (Mandatary In NH) _ _ _r i 1r000r000 Ityes,descdbe under F.L. DISEASE - EA EMPLOYE } D ESC RIPTIONTION PERATIONS below I O OPERATIONS E.L. DISEASE-POLICYLIMR 1000,000 r C Pollution Liability MP19ECP3075811C 1/1/2020 11112021 Ea Incident $1M/Agg 2,000,000 D Equipment Floater IMZ211520 1/112020 111/2021 Rented/Leased Equip 1,500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101, Additional Remarks Schodule, may be attached it more space Is required) Project: ITB (W1820B) Floridan Well Rehabilitation Program The certificate holder Is Included as additional Insured for ongoing and completed operations on the general liability per UGL1175FCW 0413 and on the auto liability when required by written contract. General Liability Is primary and non-contributory when required by written contract. Waiver of subrogation applies to General Liability, Auto, and Workers' Compensation when required by written contract. The Excess Liability policy extends over the General Liability, Auto, and Employers Liability coverages per policy forms and conditions. Cancellation applies per policy terms and conditions. The certificate holder has been expanded to read: Town of Jupiter, Owner and Engineer, and any other Individuals or entitles, officers, directors, partners, employees, agents, consultants and subcontractors. Town of Jupiter 210 Military Trail Jupiter, FL 33458 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A N N 1 M. G A N N O N P.0 Box 3353, West Palm Beach, FL 33402-3353 "LOCATED AT" CONSTITUTIONAL TAX COLLECTOR www•pbctax com Tel �561) 355-2264 7733 HOOPER ROAD `eraw� Palm Beach Coruely WEST PALM BEACH, FL 33411 Serving you. TYPE OF BUSINFSS OWNER C[RTIFICATION 11 RECE6PI WOATE PA,D AM P.AiD BILL q ] (tl FJ WATER WE I CONTRACTOR RINGDARL VANEC 111d0 U10 60011R7 iN ?!'19 5=' `1� Fid012501R Tlns document Is valid only when receipted by the Tax Collectors Office STATE OF FLORIDA PALM BEACH COUNTY 2019/2020 LOCAL BUSINESS TAX RECEIPT B3-290 LBTR Number: 200613036 FLORIDA DESIGN DRILLING CORP FLORIDA DESIGN DRILLING CORP EXPIRES: SEPTEMBER 30, 2020 7733 HOOPER RD WEST PALM BEACH. FL 33411 This receipt grants the privilege of engaging In or managing any business profession or occupation Within its Jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. SOUTH FLORIDA WATER MANAGEMENT DISTRICT IMF May 21, 2019 Daniel Ringdahl, License #11148 Florida Design Drilling 7733 Hooper Road West Palm Beach, FL 33411 Subject: WATER WELL CONTRACTOR LICENSE RENEWAL Dear Daniel Ringdahl: CONGRATULATIONS, your Water Well Contractor's License has been renewed! Enclosed, please find your new water well contractor license, which will expire on July 31, 2021 Please do not hesitate to contact me at wells(a stwmd.gov or (561) 682-6930 if you have any questions. Sincerely, Victoria Topper Technical Services Unit Water Use Bureau Enclosure I STATE OF FLORIDA WATER WELL CONTRACTOR LICENSE Issued to DANIEL C. RINGDAHL License No 11148 l xpires 7131/2021 DISTRICT CERTIFICATION OFFICER 1301 Gun Club Road, WeA Palm lkzcb. FIond. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! STATE OF FLORIDA DEPARTMENT dbpr ROF BUSINESS EGULATION AND PROFESSIONAL CGC1522104 ISSUED:07/17/2018 GENERAL CONTRACTOR HOLST, JEFFREY TURNER FLORIDA DESIGN DRILLING CORPORATIO Signature LICENSED UNDER CHAPTER 489, FLORIDA STATUTES EXPIRATION DATE: AUGUST 31, 2020 Project Experience References Rev: 6/4/20 Page: 1 SFWMD CFWI C-30 Owner: SFWMD Engineer: SFWMD Contact: Martha Fox Phone: 561.682.2575 Description: Construction and testing of one 14" x 4" diameter deep dual zone monitor well (OSF-111) to 2,500' and one single zone shallow monitor well (OSS-111) to 60'. Project includes coring, logging, packer testing, pressure testing, APT's, wellhead and water quality. Completed: November-18 On time? Yes Amount: $ 1,274,747 Change Orders: $ - St. Pete SWWRF IW-5 Owner: City of St. Pete Engineer: ASRUS Contact: Michael Ryle Phone: 727.893.7400 Description: Construction and testing of one 24" diameter Class I deep injection well (IW-5) . IW-5 = 24" x 0.50" steel anticipated casing set to 750' with nominal 24" open hole to 1,150'. Project includes coring, logging, packer testing, pressure testing, RTS, wellhead and water quality. Completed: June-18 On time? Yes Amount: $ 1,860,025 Change Orders: $ Seacoast Utility Authority F-6 Owner: SUA Engineer: JLA Geosciences Contact: Jim Andersen Phone: 561-746-0228 Description: Construction and testing of one 14" diameter Floridan aquifer RO supply well (F-6) . F-6 = 14" diameter Certa-Lok PVC Final casing anticipated casing set to 1,250' with nominal 20" open hole to 1,600'. Project included, logging, packer testing, pressure testing, capacity testing, well acidization and water quality. Completed: November-18 On time? Yes Amount: $ 848,484 Change Orders: $ PBCWUD Water Treatment Plant 3 Surficial Welifield Rehabilitation Owner: Palm Beach County WUD Engineer: JLA Geosciences Contact: Jim Andersen Phone: 561-746-0228 Description: Furnished all materials, labor, supervision, equipment, supplies, fees, expertise, and services necessary to reconstruct and rehabilitate Surficial aquifer production wells. Work includes existing well screen removal, reconditioning boreholes, screen and grave installation, riser casing installation, jetting, air and pump development, acidization, capacity testing and wellhead and rellated surface facility restoration. Completed: January-19 On time? Yes Amount: $ 1,396,875 Change Orders: $ PBCWUD Water Treatment Plant 3 and 9 Wells Rehabilitation Owner: Palm Beach County WUD Engineer: JLA Geosciences Contact: Jim Andersen Phone: 561-746-0228 Description: Furnished all materials, labor, supervision, equipment, supplies, fees, expertise, and services necessary to reconstruct and rehabilitate Surficial aquifer production wells. Work includes existing well screen removal, reconditioning boreholes, screen and grave installation, riser casing installation, jetting, air and pump development, acidization, capacity testing and wellhead and rellated surface facility restoration. Completed: On -Going On time? Yes Amount: $ 1,937,764 Change Orders: $ 47,764 Owner Requested St. Pete SWWRF IW-6 I MW-13-11 Owner: City of St. Pete Engineer: ASRUS Contact: Michael Ryle Phone: 727,893.7400 Description: Construction and testing of one 24" diameter deep Class I deep injection well (0-6) and one 6" diameter deep injection well monitoring well (MW-B-11). IW-6 = 24" x 0.50" steel casing set to 700' with nominal 24" open hole to 1,150'. MW-B-11 6" casing set to 350' with open hole monitoring zone to 400'. Project included coring, logging, packer testing, pressure testing, RTS, wellheads and water quality. Completed: September-17 On time? Yes Amount: $ 2,618,550 Change Orders: $ - Village of Wellington Well Rehabilitation Owner: Village of Wellington Engineer: JLA Geosciences Contact: Jim Andersen Phone: 561-746-0228 Description: On -going various well rehabiliation and improvements for numerous wells throughout the Village's wellfield. Includes well chlorination, acidization, video, casing brushing, pump/motor retrieval, high pressure jetting, rPriavPlnnmant all tPstinn Completed: On Going On time? Yes Amount: On -Going Change Orders: $ Seacoast Utility Authority Well Rehabilitation Owner: Seacoast Utility Authority Engineer: JLA Geosciences Florida Design Drilling Corp. State of Florida Well Contractor #11148 7733 Hooper Road, West Palm Beach, FL 33411 State of Florida Certified General Contractor CGC1522104 Project Experience References Rev:6/4/20 Page: 2 Contact: Jim Andersen Phone: 561-746-0228 Description: On -going various well rehabiliation for wells throughout the SUA wellfield. Includes well chlorination, acidization, video, casing brushing, high pressure jetting, redevelopment, all testing. Completed: On Going On time? Yes Amount: On -Going Change Orders: $ Broward County Well Rehabilitation Owner: Broward County Engineer: NA Contact: Carlos Garcia / Susan Bodeman Phone: 954-831-0760 Description: Well rehabiliation and improvements County wide. Includes well chlorination, acidization, video, casing brushing, pump/motor retrieval, redeviopment, all testing Completed: On Going On time? Yes Amount: $ 542,000 Change Orders: $ FPL UIC Deep Injection Well - Biscayne Wells and Wellhead completion Owner: Florida Power and Light Engineer: Enercon Contact: Raul Febre Phone: 305-246-6000 Description: Construction, testing, and operation of 4 new Biscayne Recovery wells, pumps, piping, electrical, controls, AC, Telemetry, and all appurtenances to connect to existing Injection Well. Completed: December-16 On time? Yes Amount: $ 3,024,500 Change Orders: $ 61,000 Owner Requested Replacement of the PGA WWTP Deep Injection Monitor Well System Owner: Seacoast Utility Authority Engineer: Holtz Consulting Engineers Contact: Brent Weidenhamer Phone: 561-575-2005 Description: Construction of a new 2,220' deep 4-1/2" FRP Class I deep injection well dual zone monitor well, permanent concrete pad, wellhead piping, instrumentation, purge piping and appurtenances, electrical and control conduit and wirinn and anmirtPnanne- for smmnlinn niimns Completed: December-16 On time? Yes Amount: $ 949,494 Change Orders: $ (8,867) Water Treatment Plant 11 Floridan Aquifer Wells Rehabilitation Owner: Palm Beach County WUD Engineer: JLA Geosciences Contact: Jim Andersen Phone: 561-746-0228 Description: Furnished all materials, labor, supervision, equipment, supplies, fees, expertise, and services necessary to rehabilitate Floridan aquifer production wells. Work includes dislodging debris obstructions from two (2) production wells, fishing of debris from one (1) well, completing geophysical logging on three (3) wells, performing an acid treatment on six (6) wells and partial back plugging of five (5) production wells. Completed: December-16 On time? Yes Amount: $ 444,444 Change Orders: $ 186,431 Owner Requested Reclaimed Water ASR System Well Construction Owner: City of St. Cloud Engineer: Jones, Edmunds & Associates Contact: Bartt Booz Phone: 813-258-0703 Description: One 12-Inch diameter ASR well, ASR-1 (Total Depth [TD] approximately 3,100 feet). The well will be completed with a final carbon steel casing cemented to land surface and is designed fo r reclaimed w a to r storage and recovery. One 6-inch diameter storage zone monitoring well, SZMW-1 (TD approximately 2,400 feet). The well will be completed with a final carbon steel casing cemented to land surface and will be located not more than 750 feet from ASR-1. One 6-inch diameter shallow monitoring well, SMW-1 (TD approximately 1,400 feet). The well will be located not more than 150 feet from A SR -1 . Four 2-inch diameter Pad Monitoring Wells (PMW) around the temporary drilling pads for ASR-1 and SZMW-1, PMW-1 through PMW-8 (TD approximately 40 feet). Two additional PMWs will be constructed around SMW-1 prior to drilling that well. Surface facilities Including samples pumps, ASR injection pump, piping, concrete, electrical, and control systems. Completed: On Going On time? Yes Amount: $ 2,535,550 Change Orders: $ Rehabilitation/Treatment of Florida Aquifer Production Well F-12 Owner: City of Port Saint Lucie Engineer: KLJ Contact: Pierre Vignier Phone: 772-528-2153 Description: Plug back and rehabilitate Well F12 to reduce chloride -ion concentrations and maintain production capacity. Florida Design Drilling Corp. State of Florida Well Contractor #11148 7733 Hooper Road, West Palm Beach, FL 33411 State of Florida Certified General Contractor CGC1522104 Project Experience References Rev:6/4/20 Page: 3 Furnish all labor, equipment and material required to remove and re -install the permanent pump, column pipinq, Florida Design Drilling Corp. State of Florida Well Contractor #11146 7733 Hooper Road, West Palm Beach, FL 33411 State of Florida Certified General Contractor CGC1522104 Project Experience References Rev: 6/4/20 Page: 4 and assnriated valves and PIPr.triral rnnner.tinns fnr the well and nerform all wnrk nlltlinPd in this Terhnirai V Completed: August-15 On time? Yes Amount: $ 111,021 Change Orders: South Seas Shallow Injection Well and Monitoring Well Owner: FGUA Engineer: Wade Trim Contact: Oscar Duarte Phone: 321-728-3389 Description: Installation of one 8-inch diameter Class V injection well and well head, IW-1 (Total Depth [TD] approximately 100 feet). The well will be completed with a final steel casing cemented to land surface and is designed for reclaimed wastewater disposal. Installation of one 4-inch diameter monitoring well, MW-1 (TD approximately 19 feet). The well will be completed with a final PVC casing cemented to land surface and will be located not more than 50 feet from 0-1. Testing of the injection well to the c'65'"V of fh. nIAlA1Fq —Al— rMAIKIPP'c DCDpGQPK1TATI\A: Completed: October-15 On time? Yes Amount: $ 189,080 Change Orders: $ (17,201) Replacement of Surficial Aquifer Wells Nos. BR-24A, BR-26, and NPB-7 Owner: Seacoast Utility Authority Engineer: Holtz Consulting Engineers Contact: Brent Weidenhamer Phone: 561-575-2005 Description: Construction of three new surficial production wells, 24" PVC casing, 130-140' depth, well screen, with 40 HP submersible pumps, ductile iron raw water main & wellheads, concrete, instruments & programming, RTU & SCADA rnntrol nanPls new 48nv PlPrtrlral sarvinP fanninn Completed: October-15 On time? Yes Amount: $ 949,949 Change Orders: $ (45,052) Water Treatment Plant Eastern Well Field Well Nos.12-14 Owner: City of West Palm Beach Engineer: Mock Roos & Associates Contact: John Cairnes Phone: 561-683-3313:275 Description: Construction of three new surficial production wells, 24" steel casing, 90-100' depth, with 25 HP submersible VFD driven pumps, ductile iron raw water main & wellheads, concrete, flowmeter, control panels & programming, RTU & SCADA. new 480V electrical service, irrigation. landscaoina. road construction. fencina. Completed: October-15 On time? Yes Amount: $ 1,456,680 Change Orders: $ North WWTP Monitor Well Replacement Owner: Martin County Utilities Engineer: Holtz Consulting Engineers Contact: Curtis Robinson Phone: 561-575-2005 Description: Construction of a new 2,220' deep 4-1/2" FRP dual zone monitor well, permanent concrete pad, wellhead piping, instrumentation, purge piping and appurtenances, electrical and control conduit and wiring and appurtenances for samnlinn numns Completed: March-15 On time? Yes Amount: $ 949,494 Change Orders: $ (29,550) Dual Zone Monitor Well DZMW-2 Abandonment Owner: City of West Palm Beach Engineer: Mathews Consulting, Inc. Contact: Jason Pugsley Phone: 561-655-6175 Description: The UMZ and LMZ of DZMW-2 were be abandoned from the total depth of 1,450- feet below pad level (BPL) up to pad level using neat cement grout in stages. Completed: Februrary 2015 On time? Yes Amount: $ 29,100 Change Orders: $ (100) ECRWRF Lower -Zone Monitor Well for Injection Well No. 2 Owner: City of West Palm Beach Engineer: Holtz Consulting Engineers Contact: Curtis Robinson Phone: 561-575-2005 Description: Construction of a new 2,290' deep 4-1/2" FRP Class I deep injection well single zone monitor well, permanent concrete pad, wellhead piping, instrumentation, purge piping and appurtenances, electrical and control conduit and wirinn and annurtenances fnr ,amnlinn nI Imn Completed: January-15 On time? Yes Amount: $ 594,949 Change Orders: $ (18,598) Potable Well 16 at 2nd Avenue North Owner: City of Lake Worth Engineer: Mock Roos Contact: John Leemon Phone: 561-683-3113 Florida Design Drilling Corp. State of Florida Well Contractor #11148 7733 Hooper Road, West Palm Beach, FL 33411 State of Florida Certified General Contractor CGC1522104 Project Experience References Rev: 6/4/20 Page: 5 Description: Construction of new 250' surficial production well, steel & PVC casing, interval testing, screen, development, pump testing, disinfection. Relocation of 300' of 6" PVC force main, new 16" raw water main, new electrical service, rnnr.rPta asnhalt fenr.inn flanneri nIP siihmarsihlP well niimn & mntnr rnntrnl nanel mc, mnT Completed: January-15 On time? Yes Amount: $ 494,949 Change Orders: $ (22,651) Water Treatment Plant 2, 3, and 8 New Production Wells Owner: Palm Beach County Engineer: MWH Contact: Neil Johnson Phone: 561-650-0070 Description: Construction of eight (8) 150' surficial production wells, steel & PVC casing, screens, development, testing, disinfection. Completed: December-15 On time? Yes Amount: $ 1,080,535 Change Orders: $ 91,666 Owner Requested Plugging and Abandonment of ASR-1, ASR MW-1, and Pad Monitoring Wells Owner: Broward County Engineer: Atkins North America Contact: Kevin Dorsey Phone: 813-281-8374 Description: Geophysical logging and abandonment of existing ASR well and ASR monitor well. Completed: February-14 On time? Yes Amount: $ 93,240 Change Orders: $ (1,980) Water Supply Wells 28W, 31 W, $ 33W Owner: City of Boca Raton Engineer: CDM Smith Contact: Suzanne Mechler Phone: 561-273-8868 Description: Construction of three (3) new 350' surficial production wells, steel & FRP casing, screens, development, testing, disinfection. Completed: March-13 On time? Yes Amount: $ 671,500 Change Orders: $ Production Well Testing and Rehabilitation Owner: City of Port Saint Lucie Engineer: Ardarnan & Associates Contact: Douglas Dufresne Phone: 407-855-3860 Description: Backplugging and acidization of two (2) 1,600' Floridan aquifer production wells Completed: October-13 On time? Yes Amount: $ 380,000 Change Orders: $ District 1 WTP Expansion Floridan Test Well Construction Owner: Broward County Engineer: MWH Contact: Neil Johnson Phone: 561-650-0070 Description: Construction of two (2) new 1,800' Floridan aquifer PWS production wells, packer testing, development, pump testing, acidization, disinfection, concrete slabs, fencing. Completed: August-14 On time? Yes Amount: $ 2,681,000 Change Orders: $ Floridan Aquifer Well #7 Owner: Ocean Reef Club Engineer: Mathews Consulting Contact: Rene Mathews Phone: 561-655-6175 Description: Construction of one (1) new 1,250' Florida aquifer PWS production well, steel & PVC casing, development, pump testing, acldizatlon, disinfection. Completed: September-13 On time? Yes Amount: $ 778,000 Change Orders: $ (20,000) Sawgrass Floridan Well Construction and APT Owner: City of Sunrise Engineer: MWH Florida Design Drilling Corp. State of Florida Well Contractor #11148 7733 Hooper Road, West Palm Beach, FL 33411 State of Florida Certified General Contractor CGC1522104 Project Experience References Rev: 6/4/20 Page: 6 Contact: Susan Bodmann Phone: 954-851-1507 Description: Construction of two (2) new 1,750' Florida aquifer PWS production wells, steel & PVC casing, packer testing, development, pump testing, acidization, disinfection. Completed: January-13 On time? Yes Amount: $ 2,300,000 Change Orders: $ (350,000) Design Build Water and Wastewater System Expansion Owner: Town of Davie Engineer: AECOM Contact: Michael Bennett Phone: 561-684-3375 Description: Construction of four (4) new 1,350' Florida aquifer PWS production wells, steel & FRP casing, packer testing, development, pump testing, disinfection. Completed: January-13 On time? Yes Amount: $ 2,300,000 Change Orders: $ (200,000) West Wellfield Water Supply Expansion Owner: Town of Deerfield Beach Engineer: CDM Contact: Stew Magenheimer Phone: 954-776-1731 Description: Development and testing of three (3) wells. Original contractor did not complete work. We completed the remaining work on the contract after the original contractor walked off the job. Completed: May-11 On time? Yes Amount: $ 313,867 Change Orders: $ - Well Repair Owner: LaGorce Country Club Engineer: JLA Geosciences Contact: Jim Andersen Phone: 561-746-0228 Description: Pump test, Geophysical log, evaluate current well and backplug well to Improve water quality. Redevelop and test well. Project goals were achieved and well in usable after several years of inactivity. Completed: December-10 On time? Yes Amount: $ 104,000 Change Orders: $ Southeast Monitor Wells Owner: Orlando Utilities Commission Engineer: Arcadis US Contact: David Smith Phone: 561-697-7053 Description: Construction of one (1) 300' upper Floridan monitor well and one (1) 2,500' dual zone Floridan monitor well, steel & FRP casing, packer testing, core sampling. Completed: January-11 On time? Yes Amount: $ 492,228 Change Orders: $ AWS Wellfield Exploratory Test Wells Owner: Toho Water Authority Engineer: Tetra -Tech Contact: Bruce Lafrenz Phone: 407-256-3496 Description: Construction of one (1) 2,600' test production well, one (1) 600' upper Floridan monitor well, one (1) 1,950' dual zone monitor well, and two (2) 1,700' lower Floridan monitor wells, steel & PVC casing, packer testing. Completed: August-11 On time? Yes Amount: $ 2,416,280 Change Orders: $ (92,198) OKF-105 Tri-Zone Monitor Well Completion Owner: SFWMD Engineer: SFWMD Contact: Simon Sunderland Phone: 561-682-2705 Description: Construction of one (1) 2,500'tri-zone monitor well, steel & FRP casing, core sampling, packer testing, casing pressure test. Completed: July-09 On time? Yes Amount: $ 334,500 Change Orders: $ 4,710 Owner Requested J. Robert Dean Water Treatment Plant Florida Design Drilling Corp. State of Florida Well Contractor #11148 7733 Hooper Road, West Palm Beach, FL 33411 State of Florida Certified General Contractor CGC1522104 Project Experience References Owner: FKAA Engineer: CH2MHill Contact: Mike Furdock Phone: 305-218-3583 Description: Construction of three (3) 1,350' Floridan aquifer PWS production wells, steel & PVC casing, acidization, develooment. testing. disinfection. Completed: December-08 On time? Yes Amount: $ 3,626,283 Change Orders: $ (498,880) Construction of Production Wells F-1 & F-2 Owner: City of Miramar Engineer: Malcolm Pirnie Contact: Mike Black Phone: 561-809-4533 Description: Construction of two (2) 1,350' Floridan aquifer PWS production wells, steel & FRP casing, acidizatlon, development, testing, disinfection. Completed: August-08 On time? Yes Amount: $ 2,498,500 Change Orders: $ (153,523) Rev: 6/4/20 Page: 7 Florida -Design Drilling Corp. State of Florida Well Contractor #11148 7733 Hooper Road, West Palm Beach, FL 33411 State of Florida Certified General Contractor CGC1522104 Lift Station No, 309 Improvements Owner: City of Boynton Beach Engineer: Mathews Consulting Contact: Jose Huertas Phone: 561-742-6487 Description: The project consists of furnishing all labor, materials, equipment and all incidentals and appurtenances for the installation of: approximately 410 LF of 16-inch DR-18 C-900 PVC and 2,460 LF of 18-inch DR-11 HDPE (by directional drill) force main piping; replacement ofexistingjockey pump with a third duty, 91 Hp dry -pit submersible pump; conversion of existing Generator Building into new Electrical Building with new MCC with integral VFDs, new Control Panel and electrical appurtenances; installation of new diesel engine driven standby pump; various site/civil Improvements; various process yard piping and pump station mechanical improvements; various structural and architectural improvementsto the existing buildings; various electrical improvements including new electrical servicefeed, manual transfer switch, 75 KVAtransformer, lighting panel and HVAC system. Work also includes clearing and grubbing, dewatering, bypass pumping, MOTplans, complying with permit conditions, testing and all restoration work for a complete and operating system. Completed: On Going On time? Yes Amount: $ 1,832,000 Change Orders: $ Reverse Osmosis Water Treatment Plant Acid Dilution System Owner: City of Lake Worth Engineer: AECOM Contact: Julie Parham Phone: 561-586-1798 Description: The proposed work consists of providing all labor, materials, equipment and incidentals required to construct as detailed In the contract documents. The work includes, but not necessarily limited to the following: Removing some20 inch stainless steel pipe, fabrication of20 inch stainlesssteel pipespool piecesand restoration of a masonry wall Fabrication and installation of a new 20 inch in line stainless steel static mixer Fabrication and installation of Sulfuric acid dilution system Installation of raw water booster pumps; piping, valves and appurtenances Installation of Halar piping, valves, and appurtenances and Bacteriological testing of raw water main. Completed: On Going On time? Yes Amount: $ 199,000 Change Orders: $ Construction of Glades WWTD Bio Solids Cake System Owner: City of Port Saint Lucie Engineer: City of Port Saint Lucie Contact: Rich Schoenborn Phone: 772-873-6485 Description: The project work consists of the furnishing of all labor, materials, and equipment and the performance of all work included in this Contract including the partial demolition oft he existing dewatered bio- solids cake conveyor system, construction of anew dewatered biosoIids cake conveyance system complete With positive displacement pump, discharge piping system, meter pump and sludge cake lubrication system, valves, conveyors, concrete slabs, housekeeping pads, awnings, supports, hangers, metal fabrications and connections to existing conveyors, instrumentation, electrical connections, conduit, wiring, starters, control panel, modifications to the Glades SCADAand process/instrumentation control system, testing and all other accessories and appurtenances as required for a complete and operational dewatered bio-solids cake pumping system that is both locally and remotely monitored and controllable by the CITY and workswith the existing centrifuge system. Completed: On Going Amount: $ 519,000 On time? Yes Change Orders: $ Floridan Well F-5 Wellhead and Raw Water Main Owner: Seacoast Utility Authority Engineer: Holtz Consulting Engineers Contact: Brandon Selle Phone: 561-627-2900 Description: The Project entails the construction of a stainless steel wellhead on an existing well with pump, motor, controls, piping, valves and fittings, concrete work, fencing, and electrical work and a 16-inch PVC and HDPE raw water main from the new wellhead to the Hood Road Administration Complex through 2 phases of construction. Phase 1 shall consist of the construction, testing and the restoration activities of the raw water main and a 2-inch fiber-optic conduit installed via open -cut and horizontally directional drilling methocisthrough The Isles from the SUAAdministration Complex to the EPB-3C Canal. Phase 2 shall consist ofthe construction, testing, and restoration activitiesof a raw water main and 2-inch fiberoptic conduit along the EPB 3C Canal to the location of Floridan Well F-5 and the installation of the new wellhead including all piping, electrical, instrumentation, mechanical, structural, civil, and restoration work required for a fully functioning system. Completed: On Going Amount: $ 893,000 On time? Yes Change Orders: $ Reconstruction of Surficial Aquifer Wells Nos. HR-7, HR-12 and HR-13 Owner: Seacoast Utility Authority Engineer: Holtz Consulting Engineers Contact: Brandon Selle Phone: 561-627-2900 Description: Reconstruction of three new surficial production wells, 16" PVC casing, 130-140' depth, well screen, with40 HP submersible pumps, ductile iron raw water main & wellheads, concrete, instruments& programming, RTU, SCADA, Fiber Optic cable, control panels, new 4160V electrical service, fencing. Completed: On Going Amount: $ 1,486,122 On time? Yes Change Orders: $ Sodium Hypochlorite Storage and Feed Systems Replacing the Existing Gas Chlorine Systems Owner: City of West Palm Beach Engineer: Kimley-Horn & Associates Contact: Edna Bonelli Phone: 561-494-1157 Description: 1. Anew sodium hypochloritefeed system to replace the existing gas chlorine feed system at the Ibis Water Re -pump Station as shown on the Drawings. Anew aqueous ammonia feed system also will be installed at the Ibis site to replace the existing aqueous ammonia feed system. The new aqueous ammonia feed system will be instal led in phases as the existing ammonia feed system is removed in order to provide continuous ammonia feed. The work at the Ibis site includes anew chemical injection and flow meter vault constructed over the existing storage tank influent pipe, chemical and sample piping, one sodium hypochIoritestorage tank, two duplex metering pump skids for sodium hypochIoriteand two duplex metering pump skids for aqueous ammonia, ammonia and sodium hypochlorite injectors, one static mixer, chlorine and ammonia residual analyzers, modifications to the existing pump station building, instrumentation, controls, and electrical construction. 2. Thefourtypical sodium hypochlorite feed systems are designed to be installed inside new precast concrete shelters. The work at each site includes installation of new chemical injectors, chemical containment piping from each shelter to the chlorine injection points, onestatic mixer (Valley Forgeonly), water supply piping to each shelter, landscaping around each shelter, piping modifications, instrumentation, controls and electrical construction. Each shelter will provide a climate controlled location for the installation ofone duplex meteringpump skid, onechemical storagetank, chemical containment, safety shower, hosereel, exhaust fan, air conditioner, electrical, instrumentation and controls. Theconstruction ofthe new typical sodium hypochlorite feed system at each site requires phasingand coordination with the Owner that allows the existing gas chlorinefeed system to remain in operation while new system is constructed and tested, without interruption to theoperation of the existing chlorine gas feed system, and followed by demolition of the existing gas chlorine feed systems. Completed: On Going On time? Yes Amount: $ 2,152,000 Change Orders: $ Owner: City of West Palm Beach Contact: EdnaBonelli Lift Station 23 Rehabilitation Engineer: Kimley-Horn&Associates Phone: 561-494-1157 Description: 1. Demolition as shown in the plans and technical specifications. 2. All labor, material and equipment necessary for structural improvements, including a 248 SF+/ K2 expansion to the existing428 SF lift station buiIding with new foundation; stucco; painting; rolling overhead steel door; roofing; interior aluminum stairs & landing; exterior concrete stairs; aluminum handrails; bridge crane 1-beams; floodgate; concrete& SS pipe supports; concrete restoration; and other miscellaneous structural improvements. 3. All labor, material and equipment necessary for mechanical improvements, complete, including all pipe, fittings, accessories, valves & actuators; AC system; crane & trolley; fire extinguishers; and other miscellaneous mechanical improvements. 4. All labor, material and equipment necessary for electrical and controls system, including FPL fees, primary installation, generator with enclosure, automatic transfer switch, panels, main disconnect switch, VFD drives, pump terminal box, level transmitter, pressure transmitter, float switches and other miscellaneous electrical improvements. 5. All labor, material and equipment necessary to accomplish the site work including the force main connection; generator pad and enclosure; wood fence and gates; dumpster enclosure; flowmeter; and other miscellaneous site improvements. 6. All labor, material and equipment necessary for existing wet well rehabilitation. 7. All labor material and equipment necessary to accomplish landscape improvements including planting materials, irrigation system and other miscellaneous landscape improvements. Completed: On Going On time? Yes Amount: $ 1,595,000 Change Orders: $ Reclaimed Water ASR System Well Construction Owner: City of St. Cloud Engineer: Jones, Edmunds&Associates Contact: Bartt Booz Phone: 813-258-0703 Description: One 12-inch diameter ASR well, ASR-1 (Total Depth [TD] approximately 3,100 feet). The well will be completed with a final carbon steel casing cemented to land surface and is designed for reclaimed w ate r storage and recovery. One 6-inch diameter storage zone monitoring well, SZMW-1(TD approximately 2,400 feet). The well will be completed with a final carbon steel casing cemented to land surface and will be located not more than 750 feet from ASR-1. One 6-inch diameter shallow monitoring well, SMW-1 (TD approximately 1,400 feet). The well will be located not more than 150 feet from ASR -1 . Four 2-inch diameter Pad Monitoring Wells (PMW) around the temporary drilling pads for ASR-1 and SZMW-1, PMW- 1 through PMW-8 (TD approximately40 feet). Two additional PMWswill be constructed around SMW-1 prior to drilling that well. Surface facilities including samples pumps, ASR injection pump, piping, concrete, electrical, and control systems. Completed: On Going Amount: $ 2,535,550 On time? Yes Change Orders: $ Reconstruction of Surficial Aquifer Wells Nos. HR-S, HR-6 and PBG-9 Owner: Seacoast Utility Authority Engineer: Holtz Consulting Engineers Contact: Brandon Selle Phone: 561-627-2900 Description: Reconstruction of three new surficial production wells, 16" PVC casing, 130-140' depth, well screen, with 40 HP submersible pumps, ductile iron raw water main & wellheads, concrete, instruments & programming, RTU, SCADA, Fiber Optic cable, control panels, new 4160V electrlcal service, fencing. Completed: November-16 Amount: $ 1,486,122 On time? Yes Change Orders: $ 10,324 0 M Repump #1 Rehabilitation Owner: Fort Pierce UtiIityAuthority Engineer: KimleyHorn & Associates Contact: Jason Lee Phone: 561-840-0256 Description: Demolish existing building structure, framing, steel buildingskin, mechanical equipment, pumps, underground fuel tank, generator, and electrical gear. Construct new concrete block structure (CBS), footings, slabs, beams, including doors, louvers, roof, interior walls, HVAC, lighting, and electrical. Install 2 new 125 hp high servicepumps includingthe piping, fittings, valves and appurtenances necessary to make a completeworking system. Furnish and install two variable frequency drives (VFD's) for the new HSP's. Replace the existing influent altitude valve with a control valve, including fittings, valves, piping, and hardware. Furnish and install a new standby generator, bulk fuel storagetank, and fuel daytank to provide auxiliary power for the facility. Replace and install a new motor control center (MCC), new electrical service, a new lighting panel, a new automatic transfer switch, new conduits and conductors from the existing FP&L transformer to the new MCC, including all conduits and conductors and appurtenances to make a complete working system. Upgradethe existing PLC and controls, including instrumenation, control valves, and HMI. Installation of new RTU to allow real-time communication with thewater plant. Install a new HVAC system including ductwork and all necessary appurtenances to make a complete working system. Remove the existing pressure sustaining valve and supports and replace the existing influent and effluent venturi flow meters, including conduit, conductors and pipesupportsto make completeworking system. Completed: December-16 On time? Yes Amount: $ 1,681,000 Change Orders: $ (67,442) Troutman WTP Piping Replacement Phase 1 Owner: City of Palm Bay Engineer: Wade Trim Contact: Clayton McCormack Phone: 321-728-3389 Description: Removal and replacement of various segments of large diameter steel process piping and fittings in the WTP. The size and approximate amount of piping to be replaced is as follows: %i to 3" 95 LF Miscellaneous piping for injection/sampling ports, 12" 11 LF Schedule40, Grade B Steel Pipe, 14" 18 LF Completed: • May-16 On time? Yes Amount: $ 639,494 Change Orders: $ 66,215 ECRWRF Grit Collection Facility Improvements Owner: City of West Palm Beach Engineer: Kimley Horn & Associates Contact: Kevin 5chanen Phone: 561-840-0820 Description: Concrete repairs and coatings to existing grit collection facility structure, furnish and install new doors, windows, louvers, and roll up doors, install new premanufacturer lift station and force main piping, including all electrical and lighting, apshalt and concrete paving. Completed: May-16 On time? Yes Amount: $ 369,690 Change Orders: $ 30,250 PBG Wellfield Raw Water Main Replacement Owner: Seacoast Utility Authority Engineer: Holtz Consulting Engineers Contact: Brent Wei den hamer Phone: 561-575-2005 Description: Install 600 LF of new 8" DI raw water main, Tie into existing AC raw water main. Grout fill and abandon existing AC raw water main. Cannon flush, disinfect, clear new line. Restoration along canal bank. Completed: October-15 Amount: $ 78,870 On time? Yes Change Orders: $ (1,460) Aerobic Digester Nos. 1 through 4 Air Piping Replacement Owner: Seacoast Utility Authority Engineer: Holtz Consulting Engineers Contact: Brent Weidenhamer Phone: 561-575-2005 Description: Underground demolition, remove and replace up to 24" carbon steel above grade air piping, new concrete & metal supports, ductile iron yard piping for wastewater systems, field welding for new piping, new yard piping tie-ins requiring plant shutdowns, modifications to existing blower building Completed: October-15 On time? Yes Amount: $ 598,989 Change Orders: $ 27,657 Water Treatment Plant No. 115 MG Ground Storage Tank Owner: Palm Beach County Engineer: Mathews Consulting Contact: Rene Mathews Phone: 561-655-6175 Description: Construction of new 5 MG potable water ground storage tank, ductile iron piping up to 24", new 480V electrical service, electric motor operated valves, instrumentation & controls, fencing, and modifications to existing 3 MG ground storage tank. Completed: December-15 On time? Yes Amount: $ 2,494,949 Change Orders: $ (8,113) Replacement of Surficial Aquifer Wells Nos. BR-24A, BR-26, and N1PB-7 Owner: Seacoast Utility Authority Engineer: Holtz Consulting Engineers Contact: Brent Weidenhamer Phone: 561-575-2005 Description: Construction of three new surficial production wells, 24" PVC casing, 130-140' depth, well screen, with 40 HP submersible pumps, ductile iron raw water main & wellheads, concrete, instruments & programming, RTU & SCADA, control panels, new 480V electrical service, fencing. Completed: October-15 On time? Yes Amount: $ 949,949 Change Orders: $ (45,052) Water Treatment Plant Eastern Well Field Well Nos. 12-14 Owner: City of West Palm Beach Engineer: Mock Roos & Associates Contact: John Cairnes Phone: 561-683-3313;275 Description: Construction of three new surficial production wells, 24" steel casing, 90-100' depth, with 25 HP submersible VFD driven pumps, ductile iron raw water main & wellheads, concrete, flowmeter, control panels & programming, RTU & SCADA, new 480V electrical service, irrigation, landscaping, road Completed: October-15 On time? Yes Amount: $ 1,456,680 Change Orders: $ (57,982) South County Water Treatment Facility Storage Tank Interconnect Owner: Indian River County Engineer: MBV Engineering Contact: Ryan Huff Phone: (772) 569-0035 Description: Furnish and install 212' LF of 12" ductile iron water main, 24x12 tapping sleeve and valve, flanged piping, flowmeter, V-port ball valve, electric actuators, including all electrical power and control wiring and PLC programming. Completed: January-15 On time? Yes Amount: $ 142,765 Change Orders: S (6,702) North WWTP Monitor Well Replacement Owner: Martin County Utilities Engineer: Holtz Consulting Engineers Contact: Curtis Robinson Phone: 561-575-2005 Description: Construction of anew 2,220' deep 4-1/2" FRP dual zone monitor well, permanent concrete pad, wellhead piping, instrumentation, purge piping and appurtenances, electrical and control conduit and wiring and appurtenances for sampling pumps. Completed: March-15 On time? Yes Amount: $ 949,494 Change Orders: $ (29,550) Potable Well 16 at 2nd Avenue North Owner: City of Lake Worth Engineer: Mock Roos Contact: John Leemon Phone: 561.683-3113 Description: Construction of new 250'surficial production well, steel & PVC casing, interval testing, screen, development, pump testing, disinfection. Relocation of 300' of 6" PVC force main, new 16" raw water main, new electrical service, concrete, asphalt, fencing, flanged DIP, submersible well pump & motor, Completed: January-15 On time? Yes Amount: $ 494,949 Change Orders: $ (22,651) ECRWRF Lower -Zone Monitor Well for Injection Well No. 2 Owner: City of West Palm Beach Engineer: Holtz Consulting Engineers Contact: Curtis Robinson Phone: 561-575-2005 Description: Construction of anew 2,290' deep 4-1/2" FRP single zone monitor well, permanent concrete pad, wellhead piping, instrumentation, purge piping and appurtenances, electrical and control conduit and wiring and appurtenances for sampling pump. Completed: January-15 On time? Yes Amount: $ 594,949 Change Orders: $ (18,598) ti Florida Design Drilling Corp Pagel 8 attachment to item 10 Project 1 RehabllltatloiVTreatment of Florida Aquifer Production Well F-12 Owner: City of Port Saint Lucie Engineer: KLJ Contact: Pierre Vignier Phone: 772-528-2153 Description: Plug back and rehabilitate Well F12 to reduce chloride -ion concentrations and maintain production capacity. Furnish all labor, equipment and material required to remove and re -install the permanent pump, column piping, and associated valves and electrical connections for the well and perform all work outlined in this Technical Specification. Multiple acidization treatments at various rates and strengths. Completed: Augusl-15 On time? Yes Amount: $ 111,021 Change Orders: Project 2 Polk County Central Production Wells Owner: Polk County Utilities Engineer: ASRUS Contact: Mario Chavez Phone: 863-298-4167 Description: Construclion,and testing of two water supply wells in the upper and lower Floridan aquifer (UFA / LFA) in Polk County: TPW-1 = Dual -zone production well with drilling exploration to 3,500' including cores, logging, packer testing and water quality; 36" diameter UFA steel casing to 800'. 24" diameter Casing set >1,000', nominal 24" diameter reamed hole >2,000' with 12" diameter FRP set to 2,100'. TPW-2 = Single zone 16' diameter production """ .. r - 0— Arn' enLlf�olin., nr r 7— Completed: June-17 On time? Yes Amount: $ 2,652,507 Change Orders: $ 244,550 Project 3 Water Treatment Plant 11 Floridan Aquifer Wells Rehabilitation Owner: Palm Beach County WUD Engineer: JLA Geosciences Contact: Jim Andersen Phone: 561-746.0228 Description: Furnished all materials, labor, supervision, equipment, supplies, fees, expertise, and services necessary to rehabilitate Floridan aquifer production wells. Work includes dislodging debris obstructions from two (2) production wells, fishing of debris from one (1) well, completing geophysical logging on three (3) wells, performing an acid treatment on six (6) wells and partial back plugging of five (5) production wells. Completed: December-16 On time? Yes Amount: $ 444,444 Change Orders: $ 186,431 Project 4 District 1 WTP Expansion Floridan Test Well Construction Owner: Broward County Engineer: MWH Contact: Neil Johnson Phone: 561-650-0070 Description: Construction oftwo (2) new 1,800' Floridan aquifer PWS production wells, packer testing, development, pump testing. acidization, disinfection, concreteslabs, fencing. Completed: August-14 On It me? Yes Amount: $ 2,681,000 Change Orders: $ - Project 5 Floridan Aquifer Well 47 Owner: Ocean Reef Club Engineer: Mathews Consulting Contact: Rene Mathews Phone: 561-55S-617S Description: Construction ofone(1) new 1,250' Florida aquifer PWS production well, steel & PVC casing, development, pump testing, acidization, disinfection. Completed: September-13 On time? Yes Amount: $ 778,000 Change Orders: $ (20,000) Project 6 Design Build Water and Wastewater System Expansion Canner: Town of Davie Engineer: AECOM Contact: Michael Bennett Phone: 561-684-337S Description: Construction offour (4)new 1,350' Florida aquifer PWS production wells, steel & FRP casing, packer testing, development, pump testing, disinfection. Completed: January-13 On time? Yes Amount: $ 2,300,000 Change Orders: $ (200,000) Project 7 Sawgrass Floridan Well Construction and APT Owner: CityofSunrise Engineer: MWII Contact: Susan Bodmann Phone: 954.851-1507 Description: Construction oftwo(2)new 1,750'Florida aquifer PWS production wells, steel& PVC casing, packer testing. development, pump testing, acidization, disinfection. Completed: January-13 On time? Yes Amount: $ 2,300,000 Change Orders: S (350,000) REV. DATE: 5/9/2020 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL33411 Ph: 561.844-2966 Fax: 561.844.2967 DRILLING Accident Prevention & Safety Policy REV. NUMBER: 14 7-1 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph: 561-844-2966 Fax: 561-844-2967 TABLE OF CONTENTS ITEM Contractor Information, Medical Capabilities, Fire Phone No. Safety Policy Safety Personnel Responsibilities of Subcontractor Safety Orientation Weekly Safety Meetings Project Safety Rules Site Safety Inspections Accident Reporting: Injury Reporting Accident Reporting: Workman's Compensation Reporting Procedure Accident Reporting: Serious Accident/Death Procedure Accident Reporting: Accident Investigation Procedure Accident Reporting: Liability Claims Emergency Plan Hurricane and Severe Storm Plan Personal Protective Equipment House Keeping Sanitation Fire Prevention Other Contractor Provision Fall Protection Electrical Excavation and Trenching Hazardous Waste Management 2 REV. DATE: 5/9/2020 REV. NUMBER: 14 TABLE OF CONTENTS (cont'd) ITEM Mechanized Equipment Motor Vehicles Cranes Hot -Work Fire Safety Precautions Checklist Safety Tag Lockout Warning Signs Administrative Respiratory Protection Program EXHIBITS 1. First Report of Injury (Contractor's Daily Report) 2. Accident and Illness Report 3. Injury and Illness Log 4. Hazard Assessment Review Form 5. Personal Protective Equipment Additions to Plan: Safety Inspection Checklist for Construction Equipment REV. DATE: 5/9/2020 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph: 561-844-2966 Fax: 561-844-2967 REV. NUMBER: 14 3 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph: 561.844-2966 Fax: 561.844-2967 NAME OF CONTRACTOR: Florida Design Drilling Corp. ADDRESS: 7733 Hooper Road West Palm Beach, FL 33411 Palm Beach County COMPANY SAFETY OFFICER: Lou Goldberg PROJECT SUPERINTENDENT: Bruce Balmer SENIOR VICE PRESIDENT WELLS: Mike Black SENIOR VICE PRESIDENT GC: Jeff Holst PRESIDENT: Noah Ringdahl CEO: Dan Ringdahl SAFETY POLICY The Accident Prevention Policy has been established to provide management, employees, subcontractors, and clients a firm understanding of the company's position regarding the prevention of accidents and to provide guidelines to insure a safe workplace for employees of Florida Design Drilling Corp. and its subcontractors. Florida Design Drilling Corp. will comply with or exceed all OSHA Standards and takes the position that safety is a tool of production and expects all employees and subcontractors doing work for the company to follow the requirements set forth in this program. 4 REV, DATE: 5/9/2020 REV. NUMBER: 14 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph: 561.844.2966 Fax: 561.844.2967 -i SAFETY PERSONNEL The Project Superintendent will be responsible for supervising and coordinating the Site Safety Program. The Project Superintendent shall be responsible for the following: Enforce the Accident Prevention Policy at all times during the progress ofwork. 2. Ensure that all safety violations are corrected as soon as possible. 3. Conduct weekly safety meetings. M 4. Ensure that all injuries are handled and reported in propermanner. 5. Conduct accident investigations and document the findings of these investigations. 6. Ensure that all employees and all subcontractor employees receive an oral safety orientation and a copy of company safety rules before beginning work on the project. 7. Monitor all subcontractors on the project to ensure that they comply with the rules set forth by the plan. It should also be noted that all management staff within Florida Design Drilling' organization will be responsible for enforcing the company safety standards. RESPONSIBILITIES OF SUBCONTRACTORS All Subcontractors shall: Coordinate in enforcing the Accident Prevention Plan when performing work on project sites. 2. Ensure that all safety violations by their employees are reported to the Site Safety Officer and are corrected as soon as possible. 3. Ensure that all injuries are handled and reported in proper manner to the Project Superintendent. 4. Co-operate in conducting accident investigations and documenting the findings of these investigations. REV. DATE: 5/9/2020 REV. NUMBER: 14 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph: 561-844-2966 Fax: 561-844-2967 NOTE: THE FOLLOWING THREE PAGES WILL BE PHOTOCOPIED AND GIVEN TO EACH EMPLOYEE AT THE TIME THE SAFETY ORIENTATION IS GIVEN. FLORIDA DESIGN DRILLING CORP. COMPANY SAFETY RULES r. REV. DATE: 5/9/2020 REV. NUMBER: 14 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL33411 Ph: 561-844-2966 Fax:561-844-2967 SAFETY RULES The safe and efficient operation of a construction site requires a spirit of teamwork and cooperation from all employees. Employees who refuse or fail to follow the standards set forth herein will subject themselves to disciplinary action up to and including discharge. In cases not specifically covered in this document, employees are expected to exercise good judgment and refer any and all questions to their supervisors. SECTION I Construction employees who are found participating in any one of the following activities will be subject to IMMEDIATE DISCHARGE: 1. The consumption, use, possession, sale or distribution of alcoholic beverages. This includes at breaks and at lunch, whether taken on or off the site. 2. Possessing or using a controlled/illegal substance or attempting to bring the same onto the job site. 3. Being under the influence of alcohol or a controlled/illegal substance. 4. Theft or attempted theft of Florida Design Drilling, Subcontractor, Owner or another employee's property. 5. Fighting or attempting a willful act to cause bodily injury upon another person on the job site. 6. Threatening or intimidating a supervisor or another employee. 7. Possession of firearms, explosives or other weapons on the construction site. 8. Defacing or willful destruction of Florida Design Drilling, or Ownerproperty. SECTION II Construction employees found participating in any of the following activities will be subject to one of the following disciplinary actions depending on the severity of the offense: 1. Oral Warning 2. Written Warning 3. Five day suspension 4. Discharge a. Gambling of any form. b. Use of threatening language. C. Horseplay, pranks, malicious mischief or any other conduct affecting the rights of others. d. Immoral conduct, which violates the common decency of fellow employees, Florida Design Drilling, or the community, e. Neglect or carelessness in the handling or use of Florida Design Drilling or Owner property. f. Loitering on the job site before or after assigned shifts. REV. DATE: 5/9/2020 REV. NUMBER: 14 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph: 561.844-2966 Fax: 561-844.2967 g. Distributing or posting of literature, photographs or other printed materials. h. Soliciting or attempting to solicit or collect funds without prior written permission from Florida Design Drilling. i. Repeated late starts, early quits and/or excessive absenteeism. SECTION III Notification to all construction employees of the Contractor's right to inspect personal property and vehicles. a. All property being removed from the site shall be subject toinspection. b. Proper written authorization shall be required to remove supplies, tools, or equipment from the site. C. Only authorized vehicles shall be permitted to enter the job site. These vehicles must be operated in a safe manner while on the site. All vehicles will be subject to a thorough inspection when leaving the site. d. Employee parking will be designated by the Project Superintendent, SECTION IV All employees are expected to abide by these safety rules in order to provide a safe work place: 1, All employees will wear suitable work clothes. Long pants and shirts are required. No shorts, cut-off pants, tank tops or shirts that are cut off above the shoulders are allowed. Shoes must be substantial work shoes or boots with steel toes. No tennis shoes or sneakers will be permitted on the site. 2. Hard hats are required on all construction sites. No bump caps will be allowed. 3. Proper eye protection will be required for all employees who are involved in work which generates dust or debris or when involved in burning or welding operations. 4. Safety belts and lanyards are required for all employees who are working on an elevated surface or edge without guardrails. 5. Only employees who have been trained in the use of proper hand signals will be used to flag a crane or other piece of equipment. 6. Employees will not allow their family or friends to meet them in their work areas. Meetings will take place only in the designated parking area or at the construction off ce. ALL VISITORS MUST CHECK IN AT THE CONSTRUCTION OFFICE. 7. All ladders will be secured to prevent displacement and will be of the proper height. 8. Employees should seek help when trying to lift heavy loads rather than risk an injury by doing the lifting by themselves. 9. No open fires will be permitted on the site. 10, All injuries shall be reported as soon as possible. 11. Employees should take an active interest in the Safety Program and correct or report all safety violations. 12. Employees shall inspect all electrical tools and cords prior to use. All damaged equipment shall be returned to the tool storage area. REV. DATE: 5/9/2020 REV. NUMBER: 14 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph: 561-844-2966 Fax: 561.844-2967 STATEMENT OF PROJECT SAFETY RULES I have read and thoroughly understand the rules and regulations of Florida Design Drilling, and I agree and follow them as a condition of employment. I understand that failure to comply with these rules can result in a reprimand or termination. I also understand that if I am injured on the job and not wearing the proper safety equipment, my worker's compensation benefits can be reduced. Employee Signature Date REV. DATE: 5/9/2020 REV. NUMBER: 14 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph: 561.844-2966 Fax:561.844-2967 SITE SAFETY INSPECTIONS The Company Safety Officer shall ensure that work performed on all project is in full compliance with all pertinent OSHA regulations. The Company Safety Officer shall: Conduct independent site safety inspections at unannounced random times. 2. Document results of the safety inspection and transmit the information to the Home Office. 3. Suggest procedures to correct any safety violations that might have occurred during inspection. 4. Conduct safety awareness programs from time to time ACCIDENT REPORTING All lost -time injuries and property damage accidents in which the property damage exceeds $2,000.00 will be reported to the Company Safety Officer within 48 hours of the accident. All reported accidents will be investigated. INJURY REPORTING All work -related injuries, property damages, accidents, or illnesses will be immediately reported to the Florida Design Drilling' field office. The Company Safety Officer will be notified within 24 hours. The Project Superintendent or his delegate will complete the First Report of Injury (Exhibit 3). A copy of this report shall be forwarded to the HomeOffice. WORKMEN'S COMPENSATION REPORTING PROCEDURE All injuries shall be handled and reported in thefollowing manner: All injuries will be recorded in a Accident Log (Exhibit 3). This includes injuries that are just reported even if no treatment is given. 2. If an employee must be sent to the doctor or emergency room, a First Report of Injury (Exhibit 1). A copy will be provided to the Company Safety Officer within 48 hours along with a notice ILI REV. DATE: 519l2020 REV. NUMBER: 14 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph: 561-844-2966 Fax: 561-844-2967 from the doctor stating the employee's condition or a release to go back to work. NOTE: A first report of injury must be submitted within 7 days from the accident. If the injury is minor or major, send all copies to the Home Office. 3. The authorization for treatment will be given to the employee to carry with him to the doctor. The bottom half of this form will be completed by the physician and returned to the site by the employee. This will give the employee status, i.e. returned to work, light duty, lost time, etc. 4. The Supervisor's Report of Injury Form (Exhibit 1) must be completed by the employee's foreman and sent to the Home Office. 5. When an employee is sent to the doctor, notify the personnel office by sending a fax of the first report of injury to the Home Office. When the employee returns to the site or when his condition is verified, send the first report of injury, the bottom half of the authorization to treat form, and the Supervisor's Report of Injury form, to the Home Office. SERIOUS ACCIDENT/DEATH PROCEDURE In the event of a serious accident or death on a site, the following procedure will be followed: 1. Insure that the injured employee is given first aid and an ambulance iscalled. 2. Assign someone to guide the ambulance on to the site and to the injured employee. Notify the Company Safety Officer. 3. Secure the accident site and gather all witnesses together so that they can be interviewed about what they observed. 4. Notify the proper local authorities if needed. If in doubt, seek direction from the Home Office. 5. As soon as possible, notify the personnel or the safety office in the Home Office, which will notify the insurance company. 6. The Project Superintendent should stay in touch with the hospital to ascertain the employee's condition and the employee's next of kin should be notified by the Project Superintendent or the Project Manager as soon as possible to prevent them from receiving information from an unauthorized source. 7. An accident investigation should begin at once. 8. Do not make statements concerning the accident to the media and refer all questions to the Corporate Safety Manager or to the Corporation Vice President. ACCIDENT INVESTIGATION PROCEDURE 1. Secure the accident scene and any equipment or tools that were being used. These may have a bearing during the investigation. 2. Take as many photographs as possible of the accident site and have two copies made. These should be taken as soon as possible following the accident. 3. Get the names and addresses of all witnesses and get a written, signed statement of what they saw. 11 REV. DATE: 5/9/2020 REV. NUMBER: 14 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph: 561-844.2966 Fax:561•B44-2967 4. After statements are obtained, take the witnesses back to the accident scene and reenact the sequence of events, which led up to theaccident. 5. After all the information has been collected; write an accident report describing in detail what happened. It may help to draw diagrams to make the report more understandable. 6. Send both copies of the accident investigation and both copies of the photographs to the Home Office. The investigation will begin as soon as possible while all the facts are fresh. This will make the report easier to write and more accurate. LIABILITY CLAIMS All liability claims, that is claims, which result in damage to private property, will be reported to the insurance company within 8 hours after the accident is reported. Notify the Company Safety Officer as soon as possible. When the insurance claims form is filled out, both the original and a photo static copy will be retained. ALL SUBCONTRACTORS WHO ARE INVOLVED IN LIABILITY CLAIMS MUST SUBMIT TO FLORIDA DESIGN DRILLING A COPY OF THEIR COMPLETED INSURANCE CLAIM FORM WITHIN 24 HOURS FROM WHEN THE ACCIDENT WAS REPORTED AS PROOF THAT THE CLAIM HAS BEEN FILED WITH THEIR INSURANCE CARRIER. If an employee is sent to a doctor for treatment, a release will be obtained from the doctor on the date of treatment stating (1) employee is not fit for duty; (2) employee is fit for light duty; or (3) employee is fit for duty. A copy of this release must be attached to the accident report. EMERGENCY PLAN All projects will maintain a plan, which outlines the steps to be taken in the event of an emergency. This plan will list the following: A list of all local emergency numbers including fire, police, doctor, hospital and E.M.S. departments. 2. Addresses, phone numbers, and directories to local emergency rooms and hospitals. 3. Maps showing evacuation routes from the site in case of disaster (hurricane, flood, fire, etc.). 4. A copy of this plan shall be maintained by the Project Superintendent and a copy shall be posted on the site bulletin board. 5. One large "Life and Safety" first -aid kit shall be placed inside the contractor's office trailer. Contents of kit shall be inventoried and replenished on a regular basis. 12 REV. DATE: 5/9/2020 REV. NUMBER: 14 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph: 561-844-2966 Fax: 561.844-2967 Sixteen unit first aid kits complyina with ANSI-Z308.1 at a ratio of 1 kit per 25 employees shall be maintained on the site. 6. Office trailer shall be anchored with six auger -screw anchors with tie -bands attached. 7. Plastic four -foot high crowd -control fencing shall be provided in areas of active utilization by members of the public, if applicable. (i) Bites of Animals Any warm-blooded animal may suffer from rabies. If an animal bites a person, it will be assumed the animal was rabid until it is proven otherwise. If possible, the animal will be captured or identified and held for medical observation. First aid for animal bites is as follows: - Control bleeding - Wash the wound with soap and water and rinse withalcohol. - Dress and bandage the wound. - Splint if dealing with an arm orleg. - Take the victim to a medical facility as quickly as possible (call 911) (ii) Snakebites Coral snakes, copperheads, rattlesnakes, and water moccasins are the four types of poisonous snakes found in the United States. The signs and symptoms of snakebite are as follows: - A sharp stinging pain with one or more puncture marks in the area. Swelling, discoloration, and pain in the bitten area. As the poison goes through the body, other symptoms develop such as: - Weakness - Nausea and vomiting - Weak and rapid pulse - Respiratory distress - Shock The first aid for snakebites will be as follows: - Begin care at once - Keep the victim lying down and quiet with the injured part immobile and lower than the rest of the body - Remove all rings, watches, and bracelets from the fingers orarms. - Apply constricting bands above and below the area. The constricting bands REV. DATE: 5/9/2020 REV, NUMBER: 14 13 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph: 561-844.2966 Fax: 561-844-2967 should be tight enough to slow down surface circulation but not so tight as to cut off arterial flow. - Treat for shock. - Apply an ice pack to the wound only if the poisons control center or a doctor advises to do so, do not cut into the bite and suction or squeeze unless you are directed to do so by a doctor. NEVER suck the venom from the wound using your mouth. Do not give the victim anything by mouth. Identify the snake if possible. If the snake can be killed, take it to the hospital with the victim. - Monitor vital signs while transporting the victim to a medical facility (call911). - For persons who frequent regions infested with poisonous snakes, it is recommended that a snakebite kit be carried. (iii) Poison Ivy, Poison Oak and Poison Sumac These poisonous plants grow as vines or shrubs, from ankle to shoulder high. The poison comes mainly from their leaves but also may come from bruising their roots, stems and berries. The smoke from burning brush containing these plants has been known to carry the poisons considerable distance. The signs and symptoms of this kind of skin poisoning are as follows: -A red rash, with some swelling itching and burning, followed by formation of blisters of various sizes filled with blood serum. - The symptoms appear on the exposed skin surfaces, usually the hands, wrists and arms, six hours to several days of exposure. - The blisters may fill with pus or contaminated fluid. When they break, crusts and scabs are formed. Considerable fluid may exude from broken blisters. - When the affected area is large and the inflammation is severe, there may be fever, headache, and general body weakness. The first aid for the victim of such poisoning will be as follows: - Contaminated clothing and jewelry should be removed. - Wash the area with soap and water. - A lotion may be applied to ease victim's discomfort, if the rash is mild. HURRICANE AND SEVERE STORM PLAN A hurricane is a severe storm originating over the tropical waters typically during the months from June to October. Wind speeds near the center of a hurricane will be in excess of 74 miles per hour. A distinctive characteristic of a hurricane is its center eye and counterclockwise rotation with a diameter of ranging from 50 to 1000 miles. 14 REV. DATE: 5/9/2020 REV. NUMBER: 14 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph: 561-844-2966 Fax: 561-844-2967 When a hurricane watch/warnings are issued by the U.S. Weather Bureau, the following actions must be taken depending on the type of alert: (1) Hurricane Alert I - Condition Yellow This alert is issued when a hurricane is in the western Atlantic, Caribbean or east of the Gulf of Mexico. Construction materials & equipment need not be relocated during this period. However, the following actions must betaken: 1. Clean up site. Pick all loose trash an excess material. 2. Check all temporary buildings and trailers for proper tie down. 3. Review the schedule for possible critical activities that might be affected. 4. Review delivery schedule for possible impact of a hurricane on delivery of critical items. 5. Coordinate & review preparedness with the Owner's Contracting Engineer. 6. Check for supply of protective material like plywood, lumber, visqueen & sandbags. (II) Hurricane Alert II - Condition Orange A hurricane watch is issued when the storm makes a steady movement towards the project site and its vicinity. The following action must be taken: 1. Fill and secure all fuel storage tanks. 2. Secure equipment and material, which is not practical to be relocated. 3. Locate and retain portable generators & utility pumps. 4. Check roof drains and storm drains for any blockage. 5. Check and secure any unfinished work like roofing edges, metal decking and wall panels. (III) Hurricane Alert III - Condition Red This is a hurricane warning where hurricane force winds are expected to occur within 24 hrs at the project site and its vicinity. The following actions must be taken: 1. Final cleanup of the entire construction site. All open floors shall be broomcleaned. 2. Trash barrels shall be emptied and secured. 3. Trash dumpsters must be emptied and removed from the jobsite. 4. Secure all temporary toilets to stable objects. 5. Place sand bags at openings at grade to prevent flooding. 6. Install plywood protection at all openings where doors and windows have not been installed. 15 REV. DATE: 5/9/2020 REV. NUMBER: 14 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph:561.844-2966 Fax: 561-844-2967 7. Secure drinking water containers filled with drinking water. 8. Welding machines, compressors, gang boxes and gas bottles to be grouped together and, if possible, secured to stabilize objects. 9. Secure all scaffolding. 10, Crane booms and lifts must be retracted and lowered to a safe position. 11. Earthmoving equipment and other onsite vehicles must be left on high ground with brake set. 12. Relocate all onsite electronic equipment, drawings, plans, specifications, files and records to a safe place. 13. Turn off electrical power at main switches. 14. Notify the Contracting Officer and Project Manager when final preparations are done 15. Evacuate the project site. After the hurricane has passed through the area, winds and heavy rains have ended; damage assessment, clean up and remobilization of the project shall begin. Activities include: 1. Damage assessment. Review all areas of the project for water & wind damage. 2. Document damage on a video camera. 3. Notify the insurance carrier for a potential claim. 4. Remove standing water. 5. Review the project with the electrician and turn on the power when safe. 6. Remove all temporary protective measures. 7. Clean-up and dispose of all damaged materials and debris. 8. Meet with the Contracting Officer's representative to review damage and schedule impact. PERSONAL PROTECTIVE EQUIPMENT The construction site is a hardhat area and hardhats must meet the requirements of OSHA 1910. Hard hats are required to be worn at all times and shall meet ANSI Type A or B requirements. No metal hard hats are allowed. Hardhat signs shall be posted in work areas. Minimum protective clothing required for all employees will meet the requirements of OSHA 1910. Long pants will be worn. No cut-offs or shorts will be acceptable. The minimum shirt requirement will be a T-shirt with 4" sleeves. Employees will not be allowed to work without shirts. Noise control provisions of OSHA 1910 will be complied with. Earplugs and/or muffs will be furnished for work, which may occur in high noiseareas. Eye and face protection provisions of OSHA 1910-133 will be complied with. Only NIOSH or MSHA approved respiratory protection will be used as required by 30 CFR Part 11. Heavy work shoes with substantial soles and steel toes will be worn. Sneakers or similar type16 REV. DATE: 5/9/2020 REV. NUMBER: 14 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph: 561.844-2966 Fax: 561.844-2967 shoes are not acceptable. All footwear shall conform to ANSI-Z41. One Scott Air Pack will be maintained on site. HOUSEKEEPING All sites will be maintained in an orderly manner free from accumulations of scrap materials and rubbish. Daily job -site clean up shall be performed. Trash barrels will be provided on all sites and will be emptied regularly. All nails protruding from scrap lumber will be bent or removed before discarding. Stairways, passageways, gangways and access ways will be kept free of materials, supplies, and obstructions at all times. SANITATION Drinking water will be obtained and provided for in accordance with 1910.141. Potable drinking water shall be provided in all places of employment in accordance with 1910.141(b)(1)(c). Portable drinking water dispensers shall be used. Dispensers shall be capable of being closed and also have a tap. Disposable cups will be used and properly disposed of in waste receptacles. Temporary chemical toilet facilities will be provided for workers in accordance with 1910.141©91). One toilet facility will be provided at each active work area. Routine servicing and cleaning of toilet facilities will be maintained. Sewage disposal will be in accordance with Federal, State and Local health regulations. FIRE PREVENTION Fire extinguishers, a minimum of 10 lbs. ABC type, will be used on all sites and will be placed where needed. In addition, all fire extinguisher locations should be marked. All flammable materials shall be stored safely and in a proper manner. All flammable liquids will be stored in proper O.S.H.A. approved safety containers. Section "Fire Prevention for Contractors" has been added as part of this program and shall be administered and adhered to accordingly. All compressed gas cylinders will be secured in an upright position at all times and capped when not in use. Proper separation will be maintained between oxygen and fuel cylinders in storage. Fire extinguishers will be present at each area where burning and welding operations are being performed and where fuel cylinders are stored. Cutting and welding torch equipment will be provided with backflow prevention devices at all fuel, gas, and oxygen station outlets. These cylinder storage areas will be marked as a "No Smoking" area. Cylinders will be hoisted while secured in a cart or by other acceptable means and not by choker slings. 17 REV. DATE: 5/9/2020 REV. NUMBER: 14 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL33411 Ph: 561-844-2966 Fax: 561.844-2967 OTHER CONTRACTOR PROVISIONS This Accident Prevention Policy has been established to provide management employees, subcontractors, and clients a firm understanding of the company's position regarding the prevention of accidents and to provide guidelines to insure a safe workplace for employees of Florida Design Drilling Corp. and its subcontractors. Florida Design Drilling Corp, will comply with or exceed all O.S.H.A. Standards and takes the position that safety is a tool of production and expects all subcontractors doing work for the company to follow the requirements set forth in this program. All pertinent requirements of the 29 CFR OSHA 1910 General Industry Regulations will be part of Florida Design Drilling Corp. Accident Prevention Policy and will be strictly adhered to by all Florida Design and subcontracting personnel on this contract. FALL PROTECTION All scaffolding shall be erected complete with guardrails, midrails, toe boards, and shall be tied into the existing structure after the second riser or every 12' vertical height. Handrail shall be approximately 42" high. All ladders will be of the proper type, height and will be tied off to guard against displacement. If a ladder is used in a walkway or driveway, it will be guarded by a barricade or a guard to prevent displacement by traffic. Interior floor openings will be guarded by standard guardrails or by a substantial covering secured and marked. Perimeter protection will be provided by standard 48" high cable or guardrails with 24"midrail or cable. This protection Is required at all edges of floor openings, ramps or platforms, etc., as required by 1910.28 (a) , where employees must work. Stairways shall be protected by handrails and tread fillers. NOTE: All guardrails, handrails, and floor coverings shall support a minimum of 200 pounds. Safety harnesses and lanyards will be required, and their use will be enforced for employees working at locations where other methods of fall protection are not feasible. ELECTRICAL All temporary 110-volt receptacles provided for construction use will be protected by Ground Fault Circuit Interrupters (G.F.C.I.) in instances where G.F.C.I. protected circuits are not available, portable G.F.C.I.s shall be provided. All G.F.C.I.s should be tested daily by qualified personnel. Extension cords and electrical tools excluding double insulated tools shall be of the three -wire type. Flexible (extension) cords shall be of the hard usage or extra -hard usage (SO, SOJ, etc.) types per N.E.C. All cords shall be inspected daily and where there is evidence of damage, the damaged item shall be removed from service and tagged until repairs are made. EXCAVATIONS AND TRENCHING All excavations and trenches over 4 feet in depth shall be properly sloped or shored. O.S.H.A. W. REV. DATE: 5/9/2020 REV. NUMBER: 14 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph:561-844.2966 Fax:561-844-2967 1926.652 Table P-1 provides a guide for sloping of banks. Excavated material or other materials shall be stored at least 2 feet or more from the edge of the excavation. Employees working in trenches 4 feet or more in depth shall be provided with an adequate exit such as a ladder. This exit shall be located so as to require not more than 24 feet lateral travel. At least two means of access shall be provided for personnel working in excavations. All excavations and trenches shall be flagged to prevent unauthorized access. Guardrails, fences or barricades, and warning lights or other illumination maintained from sunset to sunup, shall be placed at all excavations which are adjacent to paths, walkways, sidewalks, driveways and other pedestrian or vehicle thoroughfares. Adequate physical protection shall be provided at all remotely located excavations. HAZARDOUS WASTE MANAGEMENT All spillage of hazardous materials, regardless of quantity, will be reported immediately to the Project Superintendent. Examples of hazardous materials include but are not limited to the following: gasoline, fuel oil, acetone, equipment oil, contaminated water, all solvents, and any suspect or unknown material. MECHANIZED EQUIPMENT All equipment will be inspected prior to bringing on site. All equipment shall be properly maintained and in safe operating condition. 1910.211 applies to this section. Equipment shall be equipped with backup alarms, ROPS, fire extinguishers and any other safety requirements that might be needed. MOTOR VEHICLES All vehicles will be maintained in proper operating condition and meet all legal requirements. All drivers shall have current driver's licenses. Safety belts shall be worn at all times. CRANES All cranes shall be inspected by an O.S.H.A. qualified person prior to being placed into service. Wire rope and hook inspection reports shall be done weekly and kept on file at the site. Cranes will be operated by qualified personnel. Operators will maintain their equipment in safe operating condition. Open hooks are prohibited in rigging used to hoist loads. 19 REV. DATE: 5/9/2020 REV. NUMBER: 14 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph: 551-844-2966 Fax:561.844-2967 Hot -Work Fire Safety Precautions Checklist This check must be on site at all times while hot work is proceeding Before the Work Cutting and/or welding equipment must be thoroughly inspected and found to be in good repair, free of damage or defects. A multi -purpose dry chemical, portable fire extinguisher must be located such that it is immediately available to the work and is fully charged and ready for use. At least one fire alarm pull station or means of contacting the fire department (ie site telephone) must be available and accessible to person(s) conducting the cutting/welding operation Floor areas under and at least 35 feet around the cutting/welding operation must be swept clean of combustible and flammable materials All construction equipment fueling activities and fuel storage must be relocated at least 35 feet away from the cutting/welding operation. Where applicable, the following precautions will also be taken before the work begins: Combustible floors must be covered by fire resistant shields (fire retardant plywood, flame -proof, tarpaulin, metal, etc.), Sparks/slag catchers (fire retardant plywood, flame proof tarpaulins, metal, etc.) must be suspended below any elevated cutting/welding operation. All floor and wall openings must be covered to prevent sparks/slag from traveling to other, unprotected areas. Containers in or on which cutting/welding will take place must be purged of flammable vapors. For outdoor operations, all dry grass and other flammables shall be cleaned within 35 feet of activity. A water supply sufficient to extinguish small fires shall be readily available. During/After the work inspections Person(s) must be assigned to a fire watch during and for at least 30 minutes after all cutting/welding ceases. Fire watch person(s) are to be supplied with multi -purpose dry chemical, portable fire extinguisher and trained in its use. A fire alarm pull station or means of contacting the fire department (i.e. site telephone) available and accessible to fire watch person(s). During/After the work 20 REV. DATE: 5/9/2020 REV. NUMBER: 14 J or i0 Florida Design Drilling Corp, 7733 Hooper Road West Palm Beach, FL 33411 Ph: 561-844-2966 Fax: 561.844-2967 The location where this work will take place has been examined before the start of cutting/welding operations and all the appropriate precautions have been taken. Responsible party to sign under Signature 1 for each date The work area and all adjacent areas to which sparks and heat might have spread (including floor levels above and below and on opposite side of walls) were inspected 30 minutes after the cutting and or welding operations ceased for the day and where found to be fire safe. Responsible party to sign under Signature 2 for each date. Date Before After Date Before After Date Before After Date Before After Date Before After Date Before After Date Before After Date Before After Date Before After Date Before After Date Before After Date Before Afte r REV. DATE: 5/9/2020 REV. NUMBER: 14 21 Florlda Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph: 561-844-2966 Fax: 561-844-2967 SAFETY TAG AND LOCKOUT Protection will be provided by shutting off and locking out the electrical source to stationary or permanently installed equipment. In some cases, it may be necessary to remove fuses or to disconnect wires to provide protection. On pneumatic, process, utility piping, and hydraulic systems, the pressure will be released; the system shut off and locked out if possible. "DANGER DO NOT OPERATE" tags shall be attached to all locks on all systems. The tag will be signed and dated by the craft supervisory personnel placing the lock. Locks will be removed only by the craft placing the lock. Tampering or removing a lock without going through proper channels will be grounds for dismissal. WARNING SIGNS Warning signs shall be posted in accordance with 1910.145 ADMINISTRATIVE RESPIRATORY PROTECTION PROGRAM (1) General The purpose of this plan is to provide respiratory protection for employees of Florida Design Drilling in compliance with the OSHA General Industry Standard for respiratory protection 29 CFR 1910.139 GUIDELINES The guidelines in this program are designed to help reduce employee exposures against harmful dusts, fogs, fumes, mists, gases, smokes, sprays or vapors. 2. The primary objective is to prevent excessive exposure to these contaminants. 3. Where feasible, exposure to contaminants will be eliminated by engineering controls (examples: general and local ventilation, enclosure or isolation, and substitution of a less hazardous process or material). 4. When effective engineering controls are not feasible, use of personal respiratory protective equipment will be required to achieve this goal. Only respirators approved for use by MSHA/NIOSH areacceptable. i 22 REV. DATE: 5/9/2020 REV. NUMBER: 14 [or Florida Design Drilling Corp. 7733 Hooper Road West Palm Beech, FL 33411 Ph: 561.844.2966 Fax: 561-844-2967 (II) Responsibilities 1. Management: It is management's responsibility to determine what specific applications require use of respiratory equipment. Management must also provide proper respiratory equipment to meet the needs of each specific application. Employees must be provided with adequate training and instructions on all equipment. 2. Management/Supervisory: Superintendents, supervisors, foremen, or group leaders of each area are responsible for ensuring that all personnel under their control are completely knowledgeable of the respiratory protection requirements for the areas in which they work. They are also responsible for ensuring that their subordinates comply with all facets of this respiratory program, including respirator inspection and maintenance. 3. Employees: It is the responsibility of the employee to have an awareness of the respiratory protection requirements for their work areas (as explained by management). Employees are also responsible for wearing the appropriate respiratory equipment according to proper instructions and for maintaining the equipment in a clean and operable condition. (III) Employee Medical Monitoring Physical examinations will be conducted on all employees to assure that they are in adequate health condition (physically able to perform their work and can use respiratory equipment as required) prior to their being issued a respiratory protection device. 2. Yearly physical exams will be given employees who are assigned respiratory protection devices in order to verify that they continue to be in adequate health condition. 3. Biological monitoring in the form of blood lead level analysis will be conducted pre- employment, and in accordance with OSHA 1926.62 basis for all employees if appropriate (Employer/Physician determination). (IV) Respirator Selection Respirators are selected and approved by management. The selection is based upon the physical and chemical properties of the air contaminants and the concentration level likely to be encountered by the employee. A "Respiratory Issuance and Training" card (see attached) will be available for each job where respirators are required. This card specifies what respirator is required for each application. The respirator program administrator will make a respirator available immediately to each employee who is placed as a new hire or as a transferee in a job that requires respiratory protection. Replacement respirators/pre-filters will be made available as required. REV. DATE: 5/9/2020 REV. NUMBER: 14 23 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph: 561-844.2966 Fax: 561.844.2967 (V) Employee Training Each employee, upon assignment to an area requiring respirators, must be instructed by his superintendent, supervisor, foreman, or group leader relative to their responsibilities in the respiratory program. The 'Respirator Issuance and Training" card will be reviewed on a periodic basis with each employee. They will also be instructed in need, use, limitations, and care of their respirator(s). (VI) Employee Fit Testing Employees required to wear a respirator must be fitted properly and tested for a face seal by a competent person prior to use of the respirator in a contaminated area. Qualitative fit testing is acceptable for most hazards in the workplace. (Refer to OSHA standards for specific direction). NOTE: Include the fit test method used on the "Respirator Issuance and Training" card. If it is determined that an individual cannot obtain an adequate fit or face seal with any negative pressure respirator, a powered air purifying or air supplied respirator may be required instead. Minimum requirements for training and fit tests are as follows: General: Respirators should not be worn when conditions prevent a good face seal. To ensure proper respirator fit, the following points must be observed: a. The respirator shall be worn only in accordance with its intended purpose and design. b. The respirator and all functional parts, including straps, must be in place and worn in the appropriate positions. C. All straps shall be secure. d. The employee using the respirator shall test it for fit each time it is put on and make sure that it will not come loose during use. 2. Procedures for Fit Testing: a. Negative Pressure Test: Close off the inlet opening of the canister or cartridge(s) by covering with the palm of the hand(s) or by replacing the seal(s). Inhale gently so that the face piece collapses slightly and hold the breath for approximately 5 - 10 seconds. If the face piece remains in its slightly collapsed condition and no inward leakage of air is 24 REV. DATE: 5/9/2020 REV. NUMBER: 14 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph: 561.844-2966 Fax: 561-844.2967 detected, the fit of the respirator is considered satisfactory. b. Positive Pressure Test: Close the exhalation valve and exhale gently into the face piece. The face piece fit is considered satisfactory if a slight positive pressure can be built up inside the face piece without any evidence of outward leakage of air at the seal. For most respirators, this method of leak testing requires that the wearer first remove the exhalation valve cover and then carefully replace it after the test. (VII) Respirator Inspection and Maintenance The following points should be considered for respirator inspection and maintenance: 1. The wearer of a respirator will inspect it daily whenever it is in use. 2. Supervisor, foreman, or group leader will periodically spot check respirators for fit, usage, and condition. 3. Respirators not discarded after one shift use, will be cleaned on a daily basis, according to the manufacturer's instructions, by the assigned employee or other person designated by the respirator program coordinator. 4. Respirators not discarded after one shift use will be stored in a suitable container away from areas of contamination. 5. Respirators not discarded after one shift use, will be marked or stored in such a manner to assure that only the assigned employee wears them. If use by more than one employee is required, the respirator will be cleaned between uses. 6. Each area requiring the regular use of respirators will maintain alogbook. Employees not discarding respirators after one shift should sign this logbook daily in order to document the inspection and maintenance of their respirators. (Vill) Emergency Respiratory Equipment Self-contained breathing apparatus may be required in specific areas for emergency use. This equipment will be used only by trained personnel when it is necessary to enter hazardous atmospheres. The following points should be considered: 1. All potential users will be fully trained in the use of this equipment. 2. When the equipment is used, it will be tested in an uncontaminated atmosphere prior to entering the hazardous area if possible. 25 I jr REV. DATE: 5/9/2020 REV. NUMBER: 14 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph: 561.844-2966 Fax: 561.844-2967 3. An employee will not work with this apparatus in a hazardous atmosphere on an individual basis. At least one additional employee suitably equipped with a similar breathing apparatus must be in contact with the first employee and must be available to render assistance if necessary. Communications (visual, voice, or signal line) shall be maintained between both or all individuals present. 4. This eauir)ment will be inspected monthly by trained department or group personnel. i maintenance information will be recorded in a logbook. 4- REV. DATE: 5/9/2020 4. is used in atmospheres immediately dangerous to life or health, nnel must be present with suitable rescue equipment. REV, NUMBER: 14 26 Florida Design Drilling Corp, 7733 Hooper Road West Palm Beach, FL 33411 Ph: 561-844-2966 Fax: 561-844-2967 27 REV. DATE: 5/9/2020 REV. NUMBER: 14 FLORIDA DRILLING Daily Drilling Report DATE: PROJECT_: WELL NAME / DIAMETER: FDD JOB NUMBER: TOTAL WELL DEPTH TO DATE: TOTAL CASING TO DATE: TOTAL DEPTH TO WATER: STARTING DEPTH 1"'STRING: SIZE DEPTH STARTING DEPTH: TODAY'S FOOTAGE 2nd STRING: SIZE DEPTH ENDING DEPTH: _ TOTAL WELL DEPTH_ 3" STRING: SIZE DEPTH _ TOTAL SACKS OF CEMENTS USED: Activity: Time of Day for Activity: EQUIPMENT ON SITE/HOURS: (Please use equipment#) DRILLER: OWNER / ENG. REP: VISITORS ON SITE: USED: WGT: VISCOSITY: CL4AU4z;9 1 7733 Hooper Rd, West Palm Beach, FL 33411 www.FLDrilling.com Phone:561-844-2966 Fax:561-844-2967 State of Florida Water Well Contractor WWC11148 State of Florida Certified General Contractor CGC1522104 CONTRACTOR DAILY REPORT (CDR) DATE: REPORT NO. CONTRACT NUMBER: JOBSITE LOCATION: FLORIDA DESIGN DRILLING 7733 Hooper Road ... West Palm Beach, FL 33411 ' WEATHER CLASSIFICATION' TEMPERATURE: CLASS A No interruptions of any kind from weather conditions occurring this shifts. MAX: MIN: CLASS B Weatheroccurred during this shift that caused a complete stoppage of all wo WEATHER CLASSIFICATION: CLASS C Weather occurred during this shift that caused a partial stoppage of work. CLASS D Weather overhead excellent or suitable during shift. Work stopped due CLASS: to results of previous adverse weather. PERCIPITATION: CLASS E Weather overhead excellent or suitable during shift but work partially stopped due to previous adverse INCHES: CONTRACTOR/SUBCONTRATORS AND AREA OF RESPONSIBILITY FOR WORK PERFORMED TODAY: (Attach list of onsite equipment) MAN POWER TIME IN IME OUT a. Florida Design Drilling b. C. d. e. 1, WORK PERFORMED TODAY: (Indicate location and description of work performed refer to work by prime and/or subcontractors by letter in table above. USE BACK OF PAGE FOR ADDITIONAL SPACE) 2. REMARKS. (Cover any conflicts in plans, specifications or instructions: acceptability of Incoming materials; offsite sury activities; progress of work, delays, causes and extent thereof; days of no work with reasons for same.) 3. VISITORS TO THE SITE (List the name of all official visitors to the site and who they represent) 4. TESTS REQUIRED BY PLANS AND/OR SPECIFICATIONS PERFORMED AND RESULTS OF TESTS: 5. SAFETY: (Include all infractions of the accident prevention plan; Describe corrective actions taken.) Safety meeting held today? Yes, No (If Yes, state the subject and report number of personnel in attendance) Safety meeting subject: Number of Contractor personnel attending = Number of subcontractor personnel attending = Contractor's Project Superintendent: Signature &Date: Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph: 561-844-2966 Fax:561-844-2967 EXHIBIT TWO 28 REV. DATE:5/9/2020 REV. NUMBER: 14 Accident/Illness Report Please Print Th._ .,rm complies with OSl-I.A's Form 30 t and must be completed wirbin 7 calendar days after you receive information that a recordable work -related jnjury or illness has occurred. It must be kept on file for 5 years following the year to which it pertains, in accordance with Public Law 91-596 and 29 CPR 1904 (OSHA's Recordkeeping Rule). • • • • Date of this report—-,__._ Completed by Company Name Mailing Address---------------- Em to ee Information JobTitle Phone( — _ _ — _ — Ext. — — — — ' 7 city - state I e —----------=--------- - - -- -4 — o t,t e,------'----------------- - - Job Title Employee/Payroll# -----------_-'Middle ----- Hire Date-. _ Employee Insurance#. HomeAddress — — — — — — — — — — — — — — — — — — — — — — = — — — — — city state ----»> . — ------ - - -----� Birthdate_ -- -- Gender: 0 Male D Female Physician/Health Care Professional Information Nar.. ,r' attending Physician or Health Care Professional Location where treatment was given (if different from work.site): Facility T-4arne: ------------------------------------------- Street Address: — — — — — — — — — — — — — — — — — — — — — — — — ---------- : C--: ------ c — — — »» city scare a Was employee treated in an emergency roorn?......................................................... .......... ..... ... •�• ... ..........................0 Yes D No Wasemployee hospitalized overnight as an in-patient?..............................................................................................................0 Yes O No Ifyes, length of stay Case# (from Column A ofForm 300) Date of Incident Timeemployee began work ................................ ...... ...................................... ....... ............................................................ ----------------- -_� ur Time of Incident D Ctteckheraiflintecwtnotbedetermmn d............................................................................................................ % Date of initial injury/illness diagnosis:.,......................................................... ...I.................................................— — _ Number of days away from work Number days of restricted work activity Check one: D Injury/Illness O Fatality .....................................................If this incident was a fatality, date of death: NOTE: If a fatality ocew:red or more than 3 employees were bospitaliz.ed, OSHA must be verbally notified. within 8 hours. Dia...,e incident occur on employer's premises? ................. '...................................................................................................... 0 Yes O No If Yes, where on premises did the incident occur? -------------- If no, location of incident - - - - - - - - - - - - - - - - - - - r- ly . . . . . . . .s- (If injury occuIn,d where number and street are unidentifiable, provide place references) ".1 1 What was the employee doing just before the incident occu:ned? Be as specific as possible. If employee was using tools, equipment, or materials, name them and specify what the employee was doing with them, (Example: '<hmbing a ladder while carrying painting materials"; "daily computer entry) Explain how the incident occurred. List the event(s) that resulted in the injury or illness, what happened, how it happened, and name objects and how they were involved. (Example, "loot slipped on wel ladder rong and mployee fell,5 feet';'employee developed shooting pina in arm overtime') Use a separate sheet if necessary. Describe the injury/illness. Indicate the part of the body that was affected and how it was affectel. IExz mple 'broken leg", •carpet tunnel syndrome') Name the object or substance that directly injured the employee. (Example 'concrete ground') If this question does not apply to the incident, leave it blank. I.Natne • , Phone AAA- --- 2., Phonc Address City star. Zip 10 • • AM N KI• • • • • :,11%, ;es :date Has the Family been contacted? .................... ............""' D D D [ryes, name of familymembor Has the Personnel Department been contacted? ............................. ".......................... ❑ D D Has the State Workers' Compensation Agency been contacted? ................................. D D lias the company's Workers' Compensation carrier been contacted? ......................... D D ❑ t las the cause of the injury/illness been corrected? ................... t<e• • • • •' • ................ [i 0 0 Describe future :action to be taken, including preventive measures w ensure thar such injury/illness does not occur again. CrP"\pleted by: Date:_ A .wed ey- - - - - - - - - - - - - - - - - - - - — — — — — — Dare:_ Supervisor on duty: ------------------------- ----------------------- Date: — ------ roioo+ The safety.standardbyg.NeffNNTM-C.mpm, aft t 41� 7201nierneilonal Parkways an Atiomey Approved from Sunme. FL 33325 Call800-999.9111 Or3hoponline atwww.TheSafetyStandard.com M19Awh.my1.w.Ap4ceialrlyc.mpllanra F product Q.Ned. "ll.lwi�l.Ilnlw-1Jgtlull;.-..•.,Ilitlram�rye.mmukldp•nlaarau.yYwlU.1eF1W.Jl. 111 •(cl bl. ha n to reorder Ac�li�41.iPT1:IrJa ndenNllnns Report lYR7•N9042 PNLLVN labl.gkAMrbllllw.--k bnb .uxuul—our u.om,u.�Qn�eau�mem-y.a rw,,m•Im.".rtL. an•rwrn.,el Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph: 561-844-2966 Fax: 561-844.2967 EXHIBIT THREE 29 REV. DATE: 5/9/2020 REV. NUMBER: 14 How to Fill Out the Log The Log clOVork-Related Jnjnnesand/llrwsses is used to dassify work-relalcd injuries and illnesscs and to note the extent and severity of each case. When an incident occurs, use the Log to record specific details about what happened and bow it happened. Ifyour company has more than one establishment or site, you must keep separate records for each physical location that isexpceted toremain in operation for one year or longer. We have given you several copies oflhc Log in this package. If you need more than we provided, you may photocopy and use as many as you need. The Summary - a separate form - shows the work -related iajury, and illness totals far the year in each category. At the end of the ycal count the number of incidents in each category and transfer the totals From the Lug to the Smmnmy. Then post the Summary in a visible location so that your employees arc aware ofiltjuncs and illnesses occurring in their workplace. Youdon'tpostthe Lag. You postontythe Summary at the end of the year. —ben, TNa I—,=W s inldmauoo relating w OSHA's Form 300 m inoyd frslih w me r In as<rd In a n—, u,,, pro¢cultowN'a lem .rl-/orenPimmlumcel+lm Year C�of Work -Related Injuries nal_ ll S _ posltn btaPNilo he mlomisuao tin ng uaw for _ ratio omrpafropar ..ran •.>d n..m r�.mo >'aanarq J._ -raj.esvt••••Y••••M••'IoddovMc.bour..t )'�.bn..f>;, of wrru-�mlma,.aam:ao: •l cuoaw,nkawdrva.cb�rynSCN. .............. ox.00.m..... HT•`f/aamT o'm•4Ih•'ImaMn'1WM/'i1. Yd(Im4,�Cwrm>'4�an�,vf. "''• lYlc; Lrjc,norl'�ui •I I'Iauca�>gamMbYa ar//c,lu.nmM i�t�r mai...arT.asMa.wtrwc<wa. �7 ca•(mt -•r nnnc.-y. ufom.n,rrsfz�rtw finem..sl..m t r+J/mno .VZc.01ar11:.... lal5 Y ra/lita otslrn. M1m- .... .........�.... lTm�nm /oSJnt.IGWe,r1¢ix,LYa area-r(oSMFON]'J�1a't-µl•m p.lnr., dr Mtarci y.4C85M• pn e. IryaTm__. _ '- ' .Mye_hn<h mo.....,.caMaa- r. f.pcciiYSNAee,rnNr(a/p _ +fA -yI r....: •••• )el%nn. ue<.>,Iry.,r w.esn-�..1rw Il... sa.fo].... m._.P••••rladr.rr. t. a,a... a+...w..•r.aw awa• """��r' oe�.+•a..-.+-- 'm':r .%4&Jrr• �Il.dc, S JS Mrmplu Imnrpe,!,:h••"al dtef r-kilt:.r oL. a i7 ❑ ❑ 1511�, 8 .7 Q ❑.. ;{? 7ou»Y'{'/•'M.'ed6l�t Q sf d)bar s.,am nraalu'r,wJ;:ry b.w ❑ sf ❑ ❑ =ra. aJ' ❑. ❑ 0 .1. L tma,eoanl'k p1)g �faet�en+'t_r dnah'r-/ t]'--t7 —+.. Or c I- - p. o 0 � c c ❑ ❑ ao as specfac es poss161o. You can use two lines if you need - If more room. Choose o,ME of these earegorles:Ctassffy tha by recordfng-.the most mer:ous Nevfse the log It the in)wy or Illness awfc me of the'cese, with - progtesscc and the outcome Is mom rottrmn d ing thr recordable -uses) being ore Ienat wrleo; tlrafi yoc,triLLfyfnally rocerew for ih• case. Cress hlro:otrr _ sedots and cdtummC {heath) oay Orase, or W Ihcodg)na,entry. Detny the meat serlouc. Nottr whether the rase Involves an i.,.Iy or an :anos;. Attention: This form contains information relating to OSHA's Form 300 employee health and must be used in a manner that protects the confidentiality of employees to the extent Year2O Log of Work -Related Injuries and Illnesses possible while the information lbeing used for U.S. Department ofLabor occupational safet_x and health purposes. ooaap.nnnalSafety and rtaaflTAarnrnKlmlroa You m()strecordinformatlon about every work-rnleleddeathandabout every work -related injury orillness that involves loss ofconsciousn ass. restricted work activity orjob transfer, daysswayfromwortc, ormedicefbeaunentbeyondhrstaid. You mustalwmcardsigndmentwork-miefedinjunesendillntsses that are Wagnosedbya physician orlicensedhealth cereorofessionst. You mustalsorecold wolk-mlatedinjunes endillnesscs that meet any of the specific recording criteria hsted in 29CFAPsrt 1904.8 through 1904.12. Feellmelo use two lines for a single caw if younood to. You mWcompiete an Injuryar di iness Incident Report (OSHA Form 301) orequivalent loan forearh injury orillness recorded on this form. If you'm not surowhother a case is recordable, cal your tocal OSHA office for help. (A) (B) (C) (0) (E) CML• mployce's Dame Job tide Daze of injury Where the event occurred no. (t.g,Welder) or onset (a&,(.(J(ttrngdocktwrthetd) of illness 1 I t Iltrdi!Ve(at• n,:�+wd,taY 1 tv ) rtntlmr _ r mooKka•[ .c ,[p.e..a a..ec. r.„a.w «.1K o6.ra.••,.,.... r1,.ntd la. [..i, u..,.a.. pv. •.coo-K.•-o,e..=Imam re,ier the ia.auvioo.a.wr4.:aQt>d.ortller).,.,,. tta 7d,-d.uaplo�••d miewtl•eoAitai-o64--im.ray.mecaottuqui re.,pmKl b rLe [Dire lion ofmfosmaUo' 2010,; II disp4na.meatty ; aW OMB (elalnl numb.. lfvou b,ve.my ow,mrm, Wout tac,c enim.uuar mvod.r pee tr utlhL,elau:nOccuoa,wmact Us Depar-t>I.M.htu, OSHA 016ecorS1>11-- RoomN-7644.200 CouIfl.uan A. taut. NW WalhirMas UC 20210 Do not m,d,t,., compklmd form• to thn o6ieo Form approved OMB 1219-0176 Uablishmcmrume� city—state (F) rd eyotfe; elieehr OflLY ,,. days the rn)uroA �►� ! Describe igiuryor Moms, parts ofbody affected, r fFa at0lZ;'�dIOYe t'6'etdr ley exh Case 1 HI worko. and objbct'substance that directlyitt urod or made person ill ®•®� ^ts-+---•—•aa[• 1 IVII a LI<ti'If (eg.Sxoflddegrnimmrwtrighifereunnfromaug7e,•e1—J) fa 1 a(t Ol cr KO' Gt b1 1O Itearfc+ y Z (61 (11} 5tntlsn , _, r,r" (I) - +Ik a (J) .c> +rr rtatncuan �n .n'ork S^ I n �_.� 1�c . (I.J t) (�;' (S) - ❑ ❑ ❑ ❑ _ e.a _ as C' [7 G C7 � Cl- Ll ❑ ❑ ❑ ❑ t��t� �_ J:t= city, ❑ ❑ C] N r � L—J d " J f', irG� 1 ' I rl� Yrl jlk�jipjiNlU jF`� J. Ll © © ❑ I jrt _ �r u„ 0 El ❑ f l CI -. ❑ ❑ ❑ ❑ _ �n _ a )= CJ . ❑ [ i [7'- it �ff Page Iota Ls lie sure to &-star Teae 10/ass w Me Summery page (Fa m 300A) behre ytu post it r r . U II 1 1 c <fiJ Page_ot_ (1) (2) (3) l4) (3) OSHA's Form 300A e e Summary of Work -Related Inlurles and Illnesses — 1 +rfl>u.W- maw+nn Year 20 hnn..appro,dOMaeo. Il!S 0�76 AdestablishmenlscoveredbyPart 1904mustcomplelethis Summarypage. evendnowork-relatedfnjuriesonllnessesoccuaeddunnglheyear. Remembertoreviewthe Log to vonry Chet the -tries, Se comdNe end �le be/ono complotirq this —rr e, y. Using the Log, count the individual entries you made for each otegory. Then write /he totals below, making sure you've added Me entfias from every page of the Log-ffyoJishment information had no cases, wnto "(6. yosos Employees, former employees, and their representatives lulve the right to review the OSHA Form 300 in its entirety. They also have limited access to the OSHA Form 307r3loalorr man1t.ne its equivalent. See? 29 CFA Part. 1904.35, in OSHA's recomkeeping role, for further details on the access provisions for these forms. Street Total number of Total number of deaths cases with days ay. Iay from work �lIGI - (HJ --- 111:1Y1J3t Total number Of days of job transfer or restriction (K) Total number of. (M) (7) Injuries (2) Skin disorders (3) Respiratory conditions Total number of Total number of cases withjob other recordable transfer or restriction cases 111 (J) Total number of days away from work (4) Poisonings 15) All other illnesses Post this Summary page from February 1 to April30 of the year following the year covered by the torn. rw j. q—, bmdca fm rho wll-- of I If—'— .S r>I.Iaated TOavcra)IC SO mmuur pn.,aryoaae, meludmg ti.m •.. rbc maroct,oa•. k, and pthe, U,.e eat. o eded, lad complcm aad rc, o:. t" rvuwan ofinfomm l iaa Pmn',s X.c 1101 rc<luuod u mpoad to Nc mlknion of mformaoaa wk n dup�a a r ly -e.l d oMo metre! m�mbm If ycu h.,'c eta. ®eau abolll thew <•aLmato or m} olbn up<.r� of tbn dale colkcnoa —a -: LIS Dcpamcot of I lbo,', OSHA OR— of Smon— Room N-30 1a, i00 Com,m,ovn.muc. NW, Wu .gton nC 3U110, Do not seed Ibc compktcd fonna,p huolbcc Ciy Sute ZIP Industry desniption (cg.. Afmlllprrlllreefl 1w1,.rink onutn) Sumdard tndusmal CRSsif&RU011 (SIC), ilknown (e.g., SJC3715) Employment lntormatfonflfym,di th—,11iriciigoms,.,the n'ents .101111 Mbark of l,, u prxe to etl3male.) A-1 --gc: numh<:rofcroploy-s I Ow! boors worked by all eapiny. s last ytar Sign here KDON,Ingl) falsff)1ng this oocument ma) fesull in a r, I Certify lh.it 1 have examined this document;md that to the bestofmy knowledge the entries arc true, accurate, and complete. G-P." — 10 REV. DATE: 5/9/2020 Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph: 561.844.2966 Fax: 561-844-2967 REV. NUMBER: 14 30 No Text Florida Design Drilling Corp. 7733 Hooper Road West Palm Beach, FL 33411 Ph:561.844.2966 Fax: 561.844.2967 EXHIBIT FIVE 31 REV. DATE: 5/9/2020 REV. NUMBER: 14 FLORIDA ,k, DRILLI JJi Exibit 5 PERSONAL PROTECTIVE EQUIPMENT GENERAL 1. Employees shall use any PPE that may be required to maintain their exposure within acceptable limits. 2. Employees shall be physically able and medically determined qualified to use the personal protective and safety equipment that may be required in their job duties. 3. Florida Design Drilling, Corp. shall verify that each affected employee has received and understood the required training by a written certification that identifies the name of each employee trained, the date(s) of the training and the subjects taught. 4. Defective or damaged equipment shall not be used. 5. Before being stored or reissued to another person, equipment shall be cleaned, disinfected, inspected, and repaired, 6. When employees provide their own equipment, Florida Design Drilling, Corp. assures its adequate in protecting against the hazard and its state of repair. 7. As a minimum, employees shall wear clothing suitable for the weather and work conditions; the minimum for fieldwork shall be short sleeve shirt, long trousers, and leather or other protective work shoes or boots. 8. Persons involved in activities, which subject the hands to injury, shall use hand protection appropriate for the hazard. 9. Persons shall not be permitted to work above or in positions exposed to protruding reinforcing steel or other impalement hazards unless provisions have been made to eliminate the impalement hazard. II. EYE AND FACE PROTECTION 1: Persons shall be provided with eye and face protective equipment when machines or operations present potential eye or face injury from physical, chemical, or radiation agents. 2. Employees shall use eye protection providing side protection when exposed to hazards from flying objects. III. HEARING PROTECTION AND NOISE CONTROL 1. Noise hazard areas shall be marked with caution signs indicating both the presence of hazardous noise levels and the requirements for hearing protection. 2. Ear insert devices shall be fitted to the exposed individual by an individual trained in such fitting and able to recognize the difference between a good and poor fit; plan cotton is not an acceptable protective device. IV. HEAD PROTECTION 1. All persons working in or visiting hardhat areas shall be provided with and required to wear protective headgear. 2. Hardhat areas are those areas with potential hazard of head injury; all construction areas are considered hardhat areas. 3. Hard hats shall be worn with the bill facing forward. 4. Protective headgear and components shall be visually inspected on a daily basis for signs of damage that might reduce the degree of safety originally provided; headgear evidenced by cracking or flaking of the helmet. V. BODY BELTS, HARNESSES, LANYARDS, AND LIFELINES 1. Connectors shall be drop forged, pressed, or formed steel, or made of equivalent materials; shall have corrosion resistant finish; and all surface and edges shall be smooth to prevent damage to interfacing parts of the system. 2. Body belt/harness systems, when stopping or preventing a fall, shall not produce an arresting force on an employee of more than 10 times the employee's weight or 1,800 Ibs, whichever is lower. VI. ELECTRICAL PROTECTIVE EQUIPMENT Persons working on electrical distribution system shall be provided with the appropriate electrical protective equipment, which shall be inspected, tasted, and maintained in safe condition. Such equipment shall include: Head protection, eye and face protection, blankets, line hose and covers, sleeves, gloves, and footwear. Notice of Intent to Award DATE: June 24, 2020 TO: Florida Design Drilling Corporation 7733 Hopper Road West Palm Beach, FL 33411 ATT: Mike Black, Senior Vice President Project: Floridan Well Rehabilitation Program (W1957) Town of Jupiter Utilities, Jupiter, Florida Gentlemen: This is to advise that on July 7, 2020, a recommendation for award of the above referenced Contract will be made to the Jupiter Town Council as a result of your bid in the amount of $389,850.00 submitted to the Town of Jupiter (Owner) on June 17, 2020. Two (2) sets of the Project Manual for this project are attached. Each set contains an unexecuted agreement. Please sign both sets of the Agreement and include the following additional documentation necessary for execution of the Agreement/Contract. DO NOT DATE ANY OF THE DOCUMENTS. The Town will date them upon execution. • Two original signed and notarized Payment Bonds (on Bond form included with each project manual). • Two original signed and notarized Performance Bonds (on Bond form included with each project manual). • Four original Power of Attorneys; one each to accompany each Payment and Performance bond. • Two current Certificates of Insurance naming the Town of Jupiter as an additional insured per the requirements of the contract. Please return both signed Project Manuals with supporting documentation to our office for final signatures. Your attention is invited to the provision whereby your proposal guarantee may be forfeited in the event the Agreement with satisfactory bonds, insurance, power of attorneys is not executed and delivered to the Owner within fifteen (15) consecutive calendar days from June 29, 2020. One fully executed original and one copy of the executed Agreement/Contract will be provided to you along with Conformed Construction Documents on or before the Pre -Construction meeting. Sincerely, �elw� Rebecca J. Wilder, P.E. Town of Jupiter Senior Utilities Engineer Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 42 Notice of Award DATE: July 8, 2020 TO: Florida Design Drilling Corporation 7733 Hopper Road West Palm Beach, FL 33411 ATT: Mike Black, Senior Vice President Project: Floridan Well Rehabilitation Program (W1957) Town of Jupiter Utilities, Jupiter, Florida Gentlemen: This is to advise you that on July 7n 2020, the Jupiter Town Council approved award of a construction contract to your firm, for the above referenced project as a result of your bid on June 17, 2020, in the amount of $389,850.00. 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. Sincerely, Rebecca J. ilder, P.E. Town of Jupiter Senior Utilities Engineer Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 43 reement (Contract) Between Owner and Contractor This Agreement (Contract) made this I t (date) day of 1�3fVgVSt (month), WZC (year) by and between the Town of Jupiter, a public agency of the State of Florida hereinafter designated as the "the TOWN" and "OWNER", and Florida Design Drilling Corporation, 7733 Hooper Road, West Palm Beach, FL 33411, a Corporation, 20-2779560 (FEIN number) hereinafter designated as "the CONTRACTOR", in consideration of the mutual covenants hereinafter set forth agree as follows: ARTICLE 1. WORK. 1.1 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Furnish all permits, labor, equipment and materials necessary to investigate, rehabilitate, and/or maintain Upper Floridan Aquifer (UFA) production wells for the Town of Jupiter (OWNER), located in Jupiter, Florida. The work as specified includes, but is not limited to permitting; mobilization; removal of portions of the existing wellhead; removal of the drop pipe, and appurtenances; well kill(s) as required; down -hole video and geophysical logging under static and flowing conditions; plumbness and alignment testing of existing well casings, acid treatment of the completion interval; removal and treatment of the residual spent acid water; purging of the well, flow testing, formation water treatment and disposal system (including temporary piping and pumps); reinstallation of the pump, drop pipe, wellhead ready for service; well facility disinfection, purging and bacteriological clearance; demobilization and restoration of well sites; and completion of all required work to the extent the well facility has been successfully rehabilitated, returned to service and accepted by the OWNER based on the intent of the contract documents. Additional well maintenance and rehabilitation activities may also include miscellaneous welding, mechanical repairs, and all other incidentals as outlined on the bid documents and all appurtenances necessary to complete the Work based on the intent of the contract documents. 1.2 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: FLORIDAN WELL REHABILITATION PROGRAM (W1957) FOR THE TOWN OF JUPITER UTILITIES, JUPITER, FLORIDA ARTICLE 2. HYDROGEOLOGIST. 2.1 The Project has been designed by the following: 1LA Geosciences, 1931 Commerce Way, suite 3, Jupiter, FL33458. 2.2 The Town of Jupiter will administer the contract during the construction phase. The Hydrogeologist will serve as the Owner's Representative during the course of the Contract. 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: 3.1(a) Substantial Completion: 405 days from Notice to Proceed 3.1(b) Final Completion: 435 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 435 days or four hundred and thirty-five calendar 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 Town of Jupiter utilities Floridan Well Rehabilitation Program (W1957) Page 44 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 435 calendar days from the date of Notice to Proceed. Owner and Contractor may agree to renew the Contract in one (1) year (365 days) increments for a total of two (2) consecutive additional years, in accordance with the Town of Jupiter's Purchasing Policy and the terms of the original Contract. Renewals will be in writing by change order to the Contract and are subject to the same terms, conditions, and unit pricing set forth in the initial Contract and any written amendments/change orders signed by both parties (Owner and Contractor). No compensation shall be made for costs associated with renewal of the Contract. Renewals are contingent upon satisfactory performance evaluations by the Owner and subject to the availability of fiscal year funding approved by the Jupiter Town Council. Contractor may elect not to extend the Contract with 90 days written notice to Owner. Owner is not obligated to extend the Contract. 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 11 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 as a penalty) CONTRACTOR shall pay OWNER Seven Hundred and Fifty 00/100 dollars ($750.00) for each day that expires after the time specified in Paragraph 3.1 for substantial completion until the Work is substantially complete, and Five Hundred 00/100 dollars ($500.00) for each day that expires after the time specified in Paragraph 3.1 from the date of final completion until the work has reached final completion. Final completion includes demobilization from the site. Owner may withhold payment to compensate for liquidated damages either by increasing the amount of money being held in retainage or deduct the amount due in Liquidated Damages from the final payment application. Liquidated damages under this Contract apply to each the substantial completion date and the final completion date. 3.6 The provision of Liquidated Damages for delay shall in no manner affect the TOWN's right to terminate the CONTRACT. The OWNER'S exercise of the right to terminate shall not release the CONTRACTOR from his obligation to pay Liquidated Damages. It is further agreed that the OWNER may deduct from the balance of the CONTRACT sum held by the OWNER the Liquidated Damages stipulated herein or such portions as said balance will cover. ARTICLE 4. CONTRACT PRICE. 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds according to the Contract Unit Prices. 4.2 No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open end Contract. Estimated quantities will be used for Bid comparison purposes only. The Owner reserves the right to issue Work Orders as and when required for proposed work for any or all bid items or any combination thereof. Work under this Contract is subject to fiscal appropriation by the Jupiter Town Council in either or both the Town's Community Investment Program (CIP) and fiscal year Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 45 operating budgets. Estimated funding budgets anticipated being available for the original contract term and subsequent renewals are provided in the table below. 4.3 The Owner reserves the right to purchase commodities/services specified herein through contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required within a short period than the delivery time specified in the Contract, and if the seller is unable to comply therewith, the Owner reserves the right to obtain such delivery from others without penalty or prejudice to the Owner or to the Bidder. Anticipated Estimated Funding Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Year Project Description Estimated Value Initial Term Well Rehabilitation & Investigation (CIP) $470,000 Well Mechanical Repairs & Replacements (Operating, R&M) $100,000 Unanticipated Emergency Repairs $100,000 Initial Term Estimated Total $670,000 1st Renewal Well Rehabilitation & Investigation (CIP) $150,000 Well Mechanical Repairs & Replacements (Operating, R&M) $100,000 Unanticipated Emergency Repairs $100,000 1st Renewal Term Estimated Total $350,000 2"d Renewal Well Rehabilitation & Investigation (CIP) $150,000 Well Mechanical Repairs & Replacements (Operating, R&M) $110,000 Unanticipated Emergency Repairs $100,000 2"d Renewal Term Estimated Total $360,000 Estimated Total Contract $1,380,000 ARTICLE S. PAYMENT PROCEDURES. 5.1 Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for payment will be processed by OWNER as provided in the General Conditions. 5.2 The undersigned, acknowledges that payments made by the Town of Jupiter will be made via electronic funds transfer (EFT) and vendor will provide the Town of Jupiter with the information required to make EFT payments. 5.3 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment within 30 days of receipt of each monthly approved application for payment during construction as provided below. All progress payments will be on the Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 46 basis of the progress of the Work measured by the agreed upon schedule of values provided for in Articles 2 and 15 of the General Conditions. 5.4 Prior to 50% Completion of the work, progress payments will be made in an amount equal to: 90% of the Work completed, and 90% of materials and equipment not incorporated in the Work but delivered and suitably stored, less in each case the aggregate of payments previously made. 5.5 Upon 50% completion of work, OWNER, will pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the work completed. Owner may elect to withhold a greater percentage if work is determined, by Owner, to be insufficient or incomplete until Final Completion. 5.6 Owner, at its discretion may further increase payments to 98% of the work completed upon Substantial Completion. Owner is not required to increase payments to 98% of work completed. 5.7 Final Payment. Upon final completion and acceptance of the Work in accordance with Article 15 of the General Conditions, OWNER shall pay the remainder of the Contract Price as provided in said Article 15 of the General Conditions unless liquidated damages are due. ARTICLE 6. INTEREST. Not applicable. 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 Article 7.2 (above) 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 has discovered in the Contract Documents and the written resolution thereof is acceptable to CONTRACTOR. ARTICLE 8. CONTRACT DOCUMENTS. 8.1 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: Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 47 8.1(a) Index 8.1(b) Table of Contents -Specifications & Appendices 8.1(c) Advertisement for Bids 8.1(d) Instructions to Bidders 8.1(e) Proposal 8.1(f) Contractor Safety Qualifications/Requirements(Including Contractor Safety Qualification Form) 8.1(g) Sworn Statement 8.1(h) Trench Safety 8.1(i) Bid Bond 8.1(j) Notice of Intent to Award 8.1(k) Notice of Award 8.1(1) Agreement (Contract) between OWNER and CONTRACTOR 8.1(m) Payment Bond 8.1(n) Performance Bond 8.1(o) Opinion of Town Attorney 8.1(p) Notice to Proceed 8.1(q) General Conditions (E1CDC Standard General Conditions (2018 Edition), inclusive) 8.1(r) Supplementary Conditions 8.1(s) Any Modifications, including Change Orders, duly delivered after execution of Agreement. 8.1(t) Technical Specifications including Appendices bearing the title: Floridan Well Rehabilitation Program (W1957) 8.1(u) Drawings bearing the title: Floridan Well Rehabilitation Program (W1957) 8.2 There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be altered, amended or repealed by a modification described in Section 1 of the General Conditions of the Contract. ARTICLE 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may 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 Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 48 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 This Agreement is subject to and governed by the laws of the State of Florida, including without limitation Chapter 119, Florida Statutes, which generally makes public all records or other writings made by or received by the parties. The Contractor acknowledges its legal obligation to comply with § 119.0701, Florida Statutes. 9.5(a) A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request, and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. 9.5(b) If a contractor does not comply with the public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. 9.5(c) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under s. 119.10. 9.5(d) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 561-741-2270, BRITTANYG@JUPITER.FL.US, OR 210 MILITARY TRAIL, JUPITER, FL 33458. THIS SPACE WAS INTENTIONALLY LEFT BLANK PROCEED TO NEXT PAGE Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 49 IN WITNESS WHEREOF, the parties hereto have signed two (2) copies of this Agreement. At least one counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. •[tea 7 Town of Jupiter 210 Military Trail Jupiter, FL 33458 By: )tA� � V Todd 6. Wodraska, Mayor (TOWN SEAL) ATTEST Il Sally Boylan, To n Clerk 1W:7fCU�nun1�l� '$`r1�6 4..uose��� �•: CONTRACTOR Florida Design Drilling Corporation 7733 Hooper Road West Palm Beach, FL 33411 —M , for Vice rest en J+T F�-f�0' �' , S ti; , is (�- v, - s (CORPORATE SEAL) ox-j 1 rer111�u PRINT NAME AND POSITION jai I ci {�� ►�-✓k�-i t �..� , .5 ��'�'c� T,h� Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 50 Bond No.PB12270900289 Payment Bond Contractor Surety Name: Florida Design Drilling Corporation Name: Philadelphia Indemnity Insurance Company Phone: 561-844-2966 Phone: 610-206-7836 Address (principal place of business): Address (principal place of business): 7733 Hooper Road One Bala Plaza East, Suite 100 West Palm Beach, FL 33411 Bala Cynwyd, PA 19004 Owner Contract Name: Town of Jupiter Description (name and location): Phone: 561-746-5134 Floridan Well Rehabilitation Program (W1957), 17403 Mailing address (principal place of business): Central Blvd., Jupiter, Florida Town Hall Water Treatment Plant 210 Military Trail 17403 Central Blvd. Contract Price: $389,850.00 Jupiter, FL 33458 Jupiter, FL 33458 Effective Date of Contract: (to be completed by Owner) +�vgvSt 11 �ZOz� Bond Number: Bond Amount: $389,850.00 Date of Bond: -101iu9 v St 11 207-0 i (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: ❑ None ® See Paragraph 19 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Payment Bond, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. Contractor as Principal Surety Florida Design Drilling Corporation Philadelphia Indemnity Insurance Company (Full formal name of Contractor) (Full e ) (car to seal) By: _ By: Signature) (Signature)(Attach Power of Attorney) Name: Daniel Ringda I Name: Brett Rosenhaus (Printed or typed) (Printed or typed) Title: CEO Title: Attorney -in -Fact Attest: Attest: � lh-c_ta,% gnatuurre) nature) // Name: 6✓��'ire zt c/( /S -( Name: Rita Lazarides (Printed or typed) (Printed or typed) Title: (2SS Title: Witness Notes. (1) Provide supplemental execution by any additional parties, such as Joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable. Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 51 . l_ 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond will arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety's obligations to a Claimant under this Bond will arise after the following: 5.1. Claimants who do not have a direct contract with the Contractor 5.1.1. have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2. have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2. Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1. Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2. Pay or arrange for payment of any undisputed amounts. 7.3. The Surety's failure to discharge its obligations under Paragraph 7.1 or 7.2 will not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 52 8. The Surety's total obligation will not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Paragraph 73, and the amount of this Bond will be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract will be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfying obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 12. No suit or action will be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit will be applicable. 13. Notice and Claims to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, will be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted here from and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 15. This bond is issued in compliance with Section 255.05, Florida Statutes (1987), as may be amended. A claimant, except a laborer, who is not in privity with the contractor and who has not received payment for his labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the contractor and who has not received payment for his labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the contractor and to the surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. No action for the labor, materials, or supplies may be instituted against the contractor or the surety unless both notices have been given. No action shall be instituted against the contractor or the surety on the bond after 1 year from the performance of the labor or completion of delivery of the materials or supplies. 16. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 53 17. Definitions 17.1. Claim —A written statement by the Claimant including at a minimum: 17.1.1. The name of the Claimant; 17.1.2. The name of the person for whom the labor was done, or materials or equipment furnished; 17.1.3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 17.1.4. A brief description of the labor, materials, or equipment furnished; 17.1.5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 17.1.6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 17.1.7. The total amount of previous payments received by the Claimant; and 17.1.8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 17.2. Claimant --An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond is to include without limitation in the terms of "labor, materials, or equipment" that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 17.3. Construction Contract —The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 17.4. Owner Defoult—Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 17.5. Contract Documents —All the documents that comprise the agreement between the Owner and Contractor. 18. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 19. Modifications to this Bond are as follows: Request for assigned bond number and for phone numbers of each party listed on the bond (Contractor, Surety, and Owner). Addition of Paragraph 1S and renumbering of the paragraphs thereafter. Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 54 Bond No.PB12270900289 Acknowledgment by Corporation STATE OF .K�IiJ�fil�Zi� On this ! 5tday of -Ti4I , Xcv , before me personally appeared D� n r e ( y (, to me known, who being by me duly sworn did acknowledge and say that (s)he is the GEU of Fipr'�irn De ~y� ►� II '�7 [��I>�nA$ tWe corporation that executed the foregoing instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the above County, the day and year written above. Vh ,•�N;�;.; SHARON LAWRENCE MCGEE NotaryPublic- StateofFlorida Commission I GG 129764 Notary Public y� , d� z; My Comm. Expires Jul 31, 2D21 State of *� • Bonded through National Notary Assn. County of My Commission Expires: Acknowledgment by Surety STATE OF Florida COUNTY OF Palm Beach On this 30th day of .tune f 2020 , before me personally appeared Brett Rosenhaus , to me known, who being by me duly sworn, did acknowledge and say that she is the Attorney -in -Fact of Philadelphia Indemnity Insurance Company , the corporation that executed the foregoing instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the above County, the day and year written above. i'VLWAILL44/#4 1ULd n Margarit azarides , No ry Public State of Florida County of Palm Beach My Commission Expires: July 1, 2021 MARGARITA LAZARIDES TARY b COMMISSION H GG119825 BLIC EXPIRES July 01, 2021 %IWE ofRIDA BONDED THROUGH RLI INSURANCE COMPANY PHILADELPHL► 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 Brett Rosenhaus, Richard Zimmerman and Dale Allison Bells of Nielson,Rosenhaus & Associates , 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 thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000.000. 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 14'of November. 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at anytime, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE, SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27Ta DAY OF OCTOBER. 2017. . r (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 swom said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE CONIPANV; 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. T OFV N V NOTANNL9EAL Notary Public: lowarNMia°Twp-Y.oMpan°ryCowp AMCommnu°n EtOru 9°pl l5. i07I residing at: (Notary Seal) My commission expires: Bala Cymryd, PA September 25, 2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27" day of October, 2017 are true and correct and are still in full force and effect. 1 do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of P1 IILADELPI ILA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my [tame and affixed the facsimile seal of each Company this 11 day of VAU °dust 202-0 `. / Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANV Bond No. PB12270900289 Performance Bond Contractor Name: Florida Design Drilling Corporation Phone: 561-844-2966 Address (principal place of business): 7733 Hooper Road West Palm Beach, FL 33411 Owner Name: Town of Jupiter Phone: 561-746-5134 Mailing address (principal place of business): Town Hall Water Treatment Plant 210 Military Trail 17403 Central Blvd. Jupiter, FL 33458 Jupiter, FL 33458 Bond Number: Surety Name: Philadelphia Indemnity Insurance Company Phone: 610-206-7836 Address (principal place of business): One Bala Plaza East, Suite 100 Bala Cynwyd, PA 19004 Contract Description (name and location): Floridan Well Rehabilitation Program (W1957), Jupiter, Florida Contract Price: $389,850.00 Effective Date of Contract: (to be completed by Owner) t4u9v St t X 1 Z0'2,0 Bond Amount: $389,850.00 Date of Bond: f:�UgU St" (Date of Bond cannot be earlier than Effective Dote of Contract) Modifications to this Bond form: ❑ None ® See Paragraph 17 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Performance Bond, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. Contractor as Principal Surety Florida Design Drilling Corporation (Full formal name of Contractor) By: o�Dt� ( gnature) Name: Daniel Ringdahl (Printed or typed) Title: CEO Dhiladelphia Indemnity Insurance Company (Full formal name of Surety) (corporate se By. (Signature)(Attach Power of Attorney) Name: Brett Rosenhaus (Printed or typed) Title: Attorney -in -Fact Attest: Attest: ( ignature) S nature) Name: &"a ff"tc Name: Rita Lazarides (Printed or typed (Printed or typed) Title: wt� 64 L 5 S Title: Witness Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable. Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 55 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond will arise after: 3.1. The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice may indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 will be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement does not waive the Owner's right, if any, subsequently to declare a Contractor Default; 3.2. The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3. The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 does not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1. Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2. Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1. After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 56 If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment, or the Surety has denied liability, in whole or in part, without further notice, the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner will not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety will not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1. the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2. additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3. liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price will not be reduced or set off on account of any such unrelated obligations. No right of action will accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond must be instituted. in any court of competent jurisdiction in the location in which the work or part of the work is located and must be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit will be applicable. 12. Notice to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted therefrom and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 14. This bond is issued in compliance with Section 255.05, Florida Statutes (1987), as may be amended, which statute supersedes this bond to the extent of any conflict, and to the extent the Public Construction Bond coverage provided in such statute may be broader than this bond. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for his labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for his labor, materials; or supplies Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 57 shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the surety unless both notices have been given. No action shall be instituted against the Contractor or the surety on the bond after 1 year from the performance of the labor^ or completion of delivery of the materials or supplies. 15. Definitions 15.1. Balance of the Contract Price —The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 15.2. Construction Contract —The agreement between the Owner and Contractor identified on the cover, page, including all Contract Documents and changes made to the agreement and the Contract Documents, 15.3. Contractor Default —Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 15.4. Owner Default —Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 15.5. Contract Documents —All the documents that comprise the agreement between the Owner and Contractor. 16. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 17. Modifications to this Bond are as follows: Request for assigned bond number and for phone numbers of each party listed on the bond (Contractor, Surety, and Owner). Addition of Paragraph 14 and renumbering of the paragraphs thereafter. Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 58 Bond No.PB12270900289 Acknowledgment by Corporation STATE OF COUNTY OF On this / 90, dayof J" 1 ov � e j �' "`� �� � I , 2v�D, before me personally appeared , to me known, who being by me duly sworn did acknowledge and say that (s)he is the GG U of f 11) "J a 0` ; 9'4 �" 11;1 `"Pv'4 tt'ie corporation that executed the foregoing instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the above County, the day and year written above. ��tNtYJtP/,•• SHARON LAWRENCE MCGEE �� : r .q�. L : Notary Public - State of Florida f�J 1`I : Commission R GG 129/64 Notary Public =.:• ' .:` My Comm. Expires Jul 31,2021 State of �:; Bonded through National Notary Assn. County of My Commission Expires: Acknowledgment by Surety STATE OF Florida COUNTY OF Palm Beach On this 30th day of June � 2020 , before me personally appeared Brett Rosenhaus to me known, who being by me duly sworn, did acknowledge and say that she is the Attorney -In -Fact of Philadelphia Indemnity Insurance Company , the corporation that executed the foregoing instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the above County, the day and year written above. Margarita azarides , tary Public State of Florida County of Palm Beach My Commission Expires: July 1, 2021 MARGARITA LAZARIDES COMMISSION k GG119825 EXPIRES July 01, 2021 VNOARY BONDED THROUGH RLI INSURANCE COMPANY 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 Brett Rosenhaus, Richard Zimmerman and Dale Allison Bells of Nielson,Rosenhaus & Associates , its true and lawful Attorney -in -fad with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $S0,000,000. 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 14' of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Altomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attomey or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN 'TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUI'IIORILL•'D OFFICE THIS 27' r" 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 CONIPANY; 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. n+01 P NOTAP, crt M.2.K.gW.KW qP*k NotaryPublic: Lewes V.ubnTwP, Marftwe,y Co y AIrCaNMggn E.pMes Spl 70. ZGl1 residing at: (Notary Seal) My commission expires: Bala Cvmvryd. PA Seotember 25, 2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 271 day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my naive and affixed the facsimile seal of each Company this day of f0tVQ USt 20 ZP t 1 % Edward Sayago, Corporate Secretary PHILADELPHIA INDFNINITV INSURANCE, COMPANY y 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. L � Thomas J. Baird, EsgJt irk Attorney for Town upiter This the day of 20QL'—. Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 59 Notice to Proceed (NTP) DATE: ►Ili UO►U%t I J 20oZZ TO: Florida Design Drilling Corporation 7733 Hopper Road West Palm Beach, FL 33411 ATT: Mike Black, Senior Vice President PROJECT: Floridan Well Rehabilitation Program (W1957) Town of Jupiter Utilities Jupiter, Florida Gentlemen: One fully executed copy of your contract is enclosed. The commencement date for the initial 435 calendar day term of this Contract is iGiVQ v St l Z 02 - The expiration date is (DC-E70lo-r✓✓ 2-0 , 202The OWNER reserves the right to extend the Contract for additional terms as described in the Contract Documents. The Owner will issue work orders to the Contractor for each well rehabilitation effort to be performed under this contract. The work orders will be agreed to between the Owner and the Contractor in writing before mobilization and will include the specific work tasks identified in the Bid/Contract Schedule of Values with associated unit pricing and time to complete the work. A preconstruction meeting will be scheduled on or before the date of Notice to Proceed. Your attention is invited to the provision whereby you shall start to perform your obligations under the Contract Documents on the Commencement date. Said date shall begin the Contract Time. The Town of Jupiter will monitor the progress of the work and conformance with the contract. We look forward to working with you on this project. Sincerely, Rebecca J. Wilder, P.E. Town of Jupiter Senior Utilities Engineer Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 60 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1—Definitions and Terminology........................................................................................................1 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.....................................................................................................................7 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance.........................................7 2.02 Copies of Documents ............................... :.................................................................................... 7 2.03 Before Starting Construction........................................................................................................ 7 2.04 Preconstruction Conference; Designation of Authorized Representatives .................................. 8 2.05 Acceptance of Schedules.............................................................................................................. 8 2.06 Electronic Transmittals.................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse....................................................................9 3.01 Intent............................................................................................................................................. 9 3.02 Reference Standards.....................................................................................................................9 3.03 Reporting and Resolving Discrepancies......................................................................................10 3.04 Requirements of the Contract Documents.................................................................................10 3.05 Reuse of Documents...................................................................................................................11 Article 4—Commencement and Progress of the Work..............................................................................11 4.01 Commencement of Contract Times; Notice to Proceed.............................................................11 4.02 Starting the Work........................................................................................................................11 4.03 Reference Points.........................................................................................................................11 4.04 Progress Schedule.......................................................................................................................12 4.05 Delays in Contractor's Progress..................................................................................................12 Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions ....................13 5.01 Availability of Lands....................................................................................................................13 5.02 Use of Site and Other Areas........................................................................................................14 5.03 Subsurface and Physical Conditions............................................................................................15 5.04 Differing Subsurface or Physical Conditions...............................................................................16 EJCDC® C-700, Standard General Conditions of the Construction Contract. CopyrightO 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 1 of 5 5.05 Underground Facilities................................................................................................................17 5.06 Hazardous Environmental Conditions at Site.............................................................................19 Article 6—Bonds and Insurance..................................................................................................................21 6.01 Performance, Payment, and Other Bonds..................................................................................21 6.02 Insurance —General Provisions...................................................................................................22 6.03 Contractor's Insurance................................................................................................................24 6.04 Builder's Risk and Other Property Insurance..............................................................................25 6.05 Property Losses; Subrogation..................................................................................................... 25 6.06 Receipt and Application of Property Insurance Proceeds.......................................................... 27 Article7—Contractor's Responsibilities.....................................................................................................27 7.01 Contractor's Means and Methods of Construction....................................................................27 7.02 Supervision and Superintendence..............................................................................................27 7.03 Labor; Working Hours.................................................................................................................27 7.04 Services, Materials, and Equipment...........................................................................................28 7.05 "Or Equals"..................................................................................................................................28 7.06 Substitutes..................................................................................................................................29 7.07 Concerning Subcontractors and Suppliers..................................................................................31 7.08 Patent Fees and Royalties...........................................................................................................32 7.09 Permits........................................................................................................................................33 7.10 Taxes...........................................................................................................................................33 7.11 Laws and Regulations..................................................................................................................33 7.12 Record Documents......................................................................................................................33 7.13 Safety and Protection.................................................................................................................34 7.14 Hazard Communication Programs..............................................................................................35 7.15 Emergencies................................................................................................................................35 7.16 Submittals...................................................................................................................................35 7.17 Contractor's General Warranty and Guarantee.........................................................................38 7.18 Indemnification...........................................................................................................................39 7.19 Delegation of Professional Design Services................................................................................39 Article 8—Other Work at the Site...............................................................................................................40 8.01 Other Work.................................................................................................................................40 8.02 Coordination...............................................................................................................................41 8.03 Legal Relationships......................................................................................................................41 E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright' 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 2 of 5 E Article 9—Owner's Responsibilities............................................................................................................42 9.01 Communications to Contractor..................................................................................................42 9.02 Replacement of Engineer............................................................................................................42 9.03 Furnish Data................................................................................................................................42 9.04 Pay When Due.............................................................................................................................42 9.05 Lands and Easements; Reports, Tests, and Drawings.................................................................43 9.06 Insurance..................................................................................................................................... 43 9.07 Change Orders............................................................................................................................43 9.08 Inspections, Tests, and Approvals...............................................................................................43 9.09 Limitations on Owner's Responsibilities.....................................................................................43 9.10 Undisclosed Hazardous Environmental Condition......................................................................43 9.11 Evidence of Financial Arrangements...........................................................................................43 9.12 Safety Programs..........................................................................................................................43 Article 10—Engineer's Status During Construction....................................................................................44 10.01 Owner's Representative..........................................................................................................44 10.02 Visits to Site.............................................................................................................................44 10.03 Resident Project Representative.............................................................................................44 10.04 Engineer's Authority..............................................................................................................44 10.05 Determinations for Unit Price Work.......................................................................................45 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work...................45 10.07 Limitations on Engineer's Authority and Responsibilities......................................................45 10.08 Compliance with Safety Program............................................................................................45 Article11—Changes to the Contract..........................................................................................................46 11.01 Amending and Supplementing the Contract..........................................................................46 11.02 Change Orders........................................................................................................................46 11.03 Work Change Directives..........................................................................................................46 11.04 Field Orders.............................................................................................................................47 11.05 Owner -Authorized Changes in the Work................................................................................47 11.06 Unauthorized Changes in the Work........................................................................................47 11.07 Change of Contract Price........................................................................................................47 11.08 Change of Contract Times.......................................................................................................49 11.09 Change Proposals....................................................................................................................49 11.10 Notification to Surety..............................................................................................................50 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyrightm 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 3 of 5 Article12—Claims ....................................................................................................................................... 50 12.01 Claims......................................................................................................................................50 Article 13—Cost of the Work; Allowances; Unit Price Work......................................................................51 13.01 Cost of the Work ........................................ .............................................................................51 13.02 Allowances..............................................................................................................................55 13.03 Unit Price Work.......................................................................................................................55 Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work ....................56 14.01 Access to Work........................................................................................................................56 14.02 Tests, Inspections, and Approvals...........................................................................................56 14.03 Defective Work.......................................................................................................................57 14.04 Acceptance of Defective Work................................................................................................58 14.05 Uncovering Work....................................................................................................................58 14.06 Owner May Stop the Work.....................................................................................................58 14.07 Owner May Correct Defective Work.......................................................................................59 Article 15—Payments to Contractor; Set -Offs; Completion; Correction Period........................................59 15.01 Progress Payments..................................................................................................................59 15.02 Contractor's Warranty of Title................................................................................................62 15.03 Substantial Completion...........................................................................................................62 15.04 Partial Use or Occupancy........................................................................................................63 15.05 Final Inspection.......................................................................................................................64 15.06 Final Payment..........................................................................................................................64 15.07 Waiver of Claims.....................................................................................................................65 15.08 Correction Period....................................................................................................................66 Article 16—Suspension of Work and Termination.....................................................................................67 16.01 Owner May Suspend Work.....................................................................................................67 16.02 Owner May Terminate for Cause............................................................................................67 16.03 Owner May Terminate for Convenience.................................................................................68 16.04 Contractor May Stop Work or Terminate...............................................................................68 Article 17—Final Resolution of Disputes....................................................................................................69 17.01 Methods and Procedures........................................................................................................69 Article18—Miscellaneous ..........................................................................................................................69 18.01 Giving Notice...........................................................................................................................69 18.02 Computation of Times.............................................................................................................69 E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright' 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 4 of 5 18.03 Cumulative Remedies.............................................................................................................70 18.04 Limitation of Damages............................................................................................................70 18.05 No Waiver...............................................................................................................................70 18.06 Survival of Obligations............................................................................................................70 18.07 Controlling Law.......................................................................................................................70 18.08 Assignment of Contract...........................................................................................................70 18.09 Successors and Assigns...........................................................................................................70 18.10 Headings..................................................................................................................................70 EJCDC® C-700, Standard General Conditions of the Construction Contract. CopyrightO 2018 National Society of Professional Engineers, American Council of Engirae, ing Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 5 of 5 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below. 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, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment —The document prepared by Contractor, in a form acceptable to Engineer, to request progress or final payments, and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid —The offer of a Bidder submitted on the prescribed form setting forth the prices for 00 the Work to be performed. 5. Bidder —An individual or entity that submits a Bid to Owner. 6. Bidding Documents —The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements —The Advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order —A document 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, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal —A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim a. A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment of Contract Price or Contract Times; contesting an initial decision by Engineer concerning the F EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyrightm 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 70 6* requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer's decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract. b. A demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer's decision regarding a Change Proposal, or seeking resolution of a contractual issue that Engineer has declined to address. c. A demand or assertion by Owner or Contractor, duly submitted in compliance with the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.4, concerning disputes arising after Engineer has issued a recommendation of final payment. d. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern —Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead -based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12. Contract —The entire and integrated written contract between Owner and Contractor concerning the Work. 13, Contract Documents —Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price —The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 15. Contract Times —The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16. Contractor —The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work —See Paragraph 13.01 for definition. 18. Drawings —The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19, Effective Date of the Contract —The date, indicated in the Agreement, on which the Contract becomes effective. 20. Electronic Document —Any Project -related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format. 21. Electronic Means —Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyrightm 2018 National Society of Professional Engineers, Amer;ca.i Council of Engineering Companies, I and American Society of Civil Engineers. All rights reserved, I Page 2 of 70 recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents. 22. Engineer —The individual or entity named as such in the Agreement. 23. Field Order —A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 24. Hazardous Environmental Condition —The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition. b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition. c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition. 25. Laws and Regulations, • Laws or Regulations —Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens —Charges, security interests, or encumbrances upon Contract -related funds, real property, or personal property. 27. Milestone —A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date, or by a time prior to Substantial Completion of all the Work. 28. Notice of Award —The written notice by Owner to a Bidder of Owner's acceptance of the Bid. 29. Notice to Proceed —A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. 30. Owner —The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 31. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising Contractor's plan to accomplish the Work within the Contract Times. 32. Project —The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed underthe Contract Documents is a part. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 70 33. Resident Project Representative —The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative (RPR) includes any assistants or field staff of Resident Project Representative. 34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 35. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer's review of the submittals. 36. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 37. Shop Drawings —All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 38. Site —Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements, and such other lands or areas furnished by Owner which are designated for the use of Contractor. 39. Specifications —The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 40. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 41. Submittal —A written or graphic document, prepared by or for Contractor, which the Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner -delegated designs; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality -control testing and inspections, and field or Site quality -control testing and inspections; warranties and certifications; Suppliers' instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals. 42. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, 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 of such Work. EJCDC6 C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 70 43. Successful Bidder —The Bidder to which the Owner makes an award of contract. 44. Supplementary Conditions —The part of the Contract that amends or supplements these General Conditions. 45. Supplier —A manufacturer, fabricator, supplier, distributor, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 46. Technical Data a. Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (1) existing subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site including existing surface or subsurface structures (except Underground Facilities) or (2) Hazardous Environmental Conditions at the Site. b. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs, recorded measurements of subsurface water levels, assessments of the condition of subsurface facilities, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical, environmental, or other Site or facilities conditions report prepared for the Project and made available to Contractor. c. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are shown or indicated on the Drawings. 47. Underground Facilities —All active or not -in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility. 48. Unit Price Work —Work to be paid for on the basis of unit prices. 49. 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; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. 50. Work Change Directive —A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 Natronal Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 70 1.02 Terminology A. The words and terms discussed in Paragraphs 1.02.13, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 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 information in the Contract Documents and with the design concept of the 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 Article 10 or any other provision of the Contract Documents. C. Day: The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: 1. does not conform to the Contract Documents; 2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or 3. 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 15.03 or Paragraph 15.04). E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, means to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, means to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, means to furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words "furnish," "install," "perform," or "provide," then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. EJCDC• C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 70 Contract Price or Contract Times: References to a change in "Contract Price or Contract Times" or "Contract Times or Contract Price" or similar, indicate that such change applies to (1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as warranted, even if the term "or both" is not expressed. G. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance A. Performance and Payment Bonds: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner the performance bond and payment bond (if the Contract requires Contractor to furnish such bonds). B. Evidence of Contractor's Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each additional insured (as identified in the Contract), the certificates, endorsements, and other evidence of insurance required to be provided by Contractor in accordance with Article 6, except to the extent the Supplementary Conditions expressly establish other dates for delivery of specific insurance policies. C. Evidence of Owner's Insurance: After receipt of the signed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each additional insured (as identified in the Contract), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully signed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work EJCDC° C-700, Standard General Conditions of the Construction Contract. Gapyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 70 into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding amongthe parties as to the Work, and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other Submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review the schedules submitted in accordance with Paragraph 2.03.A. No progress payment will be made to Contractor until acceptable schedules are submitted to Engineer. 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 the component parts of the Work. 4. if a schedule is not acceptable, Contractor will have an additional 10 days to revise and resubmit the schedule. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may send, and shall accept, Electronic Documents transmitted by Electronic Means. B. If the Contract does not establish protocols for Electronic Means, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long- term compatibility, usability, or readability of the Electronic Documents resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents. EJCDC® C-700, Standard General Conditions of the Construction Contract. Cop,; right° 2018 National Society of Professional Engineers, American Council of Eng;neering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 70 ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one Contract Document is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic versions of the Contract Documents (including any printed copies derived from such electronic versions) and the printed record version, the printed record version will govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. F. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and Contractor, which agree that the Contract Documents will be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. G. Nothing in the Contract Documents creates: 1. any contractual relationship between Owner or Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work, for the benefit of such Subcontractor, Supplier, or other individual or entity; or 2. any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity, except as may otherwise be required by Laws and Regulations. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, means the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, and no instruction of a Supplier, will be effective to change the duties or responsibilities of Owner, Contractor, or Engineer from those set forth in the part of the Contract Documents prepared by orfor Engineer. No such provision or instruction shall be effective to assign to Owner or Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 70 r inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 2. Contractor's Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then 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 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation— RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 70 ra B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer's written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly notify Owner and Contractor in writing that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner's express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein precludes Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the 30th day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the 60th day after the day of Bid opening or the 30th day after the Effective Date of the Contract, whichever date is earlier. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work may be done at the Site prior to such date. 4.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Pi ofessional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 70 established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times must be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work will be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor's Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Such an adjustment will be Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. Abnormal weather conditions; 3. Acts orfailures to act of third -party utility owners or other third -party entities (other than those third -party utility owners or other third -party entities performing other work at or adjacent to the Site as arranged by or under contract with Owner, as contemplated in Article 8); and 4. Acts of war or terrorism. EJCDCO C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 70 D. Contractor's entitlement to an adjustment of Contract Times or Contract Price is limited as follows: 1. Contractor's entitlement to an adjustment of the Contract Times is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference. 2. Contractor shall not be entitled to an adjustment in Contract Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. Such a concurrent delay by Contractor shall not preclude an adjustment of Contract Times to which Contractor is otherwise entitled. 3. Adjustments of Contract Times or Contract Price are subject to the provisions of Article 11. E. Each Contractor request or Change Proposal seeking an increase in Contract Times or Contract Price must be supplemented by supporting data that sets forth in detail the following: 1. The circumstances that form the basis for the requested adjustment; 2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work; 3. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work; 4. The number of days' increase in Contract Times claimed as a consequence of each such cause of delay, disruption, or interference; and 5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.07. Contractor shall also furnish such additional supporting documentation as Owner or Engineer may require including, where appropriate, a revised progress schedule indicating all the activities affected by the delay, disruption, or interference, and an explanation of the effect of the delay, disruption, or interference on the critical path to completion of the Work. F. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5, together with the provisions of Paragraphs 4.05.1) and 4.05.E. G. Paragraph 8.03 addresses delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. ARTICLE 5—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor in writing of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright® 201-8 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 70 B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner's interesttherein as necessary forgiving notice of orfiling a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor's operations; (c) damage to any other adjacent land or areas, or to improvements, structures, utilities, or similar facilities located at such adjacent lands or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.13, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or in a court of competent jurisdiction; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from and against any such claim, and against all 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 directly or indirectly, in whole or in part by, or based upon, Contractor's performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment EJCDCm C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 Rational Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 70 and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading of 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 structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data; 2. Those drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data; and 3. Technical Data contained in such reports and drawings. B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data. C. Reliance by Contractor on Technical Data: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. D. Limitations of Other Data and Documents: Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; 3. the contents of other Site -related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or Owner's archival documents concerning the Site; or 4. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. EJCDC® C-700, Standard General Conditions of the Construction Contract. -Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 70 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. is of such a nature as to require a change in the Drawings or Specifications; 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer's Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine whether it is necessary for Owner to obtain additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. C. Owner's Statement to Contractor Regarding Site Condition: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (With a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations, in whole or in part. D. Early Resumption of Work: If at any time Engineer determines that Work in connection with the subsurface or physical condition in question may resume prior to completion of Engineer's review or Owner's issuance of its statement to Contractor, because the condition in question has been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. E. Possible Price and Times Adjustments 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Courcihof Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 70 Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: Such condition must fall within any one or more of the categories described in Paragraph 5.04.A; 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 Paragraph 13.03; and, c. Contractor's entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.1) and 4.05.E. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a 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 otherwise; b. The existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such commitment; or c. Contractor failed to give the written notice required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the subsurface or physical condition in question. F. Underground Facilities; Hazardous Environmental Conditions: Paragraph 5.05 governs rights and responsibilities regarding the presence or location of Underground Facilities. Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or location of Underground Facilities, or to Hazardous Environmental Conditions. 5.05 Underground Facilities A. Contractor's Responsibilities: Unless it is otherwise expressly provided in the Supplementary Conditions, the cost of all of the following are included in the Contract Price, and Contractor shall have full responsibility for: 1. reviewing and checking all information and data regarding existing Underground Facilities at the Site; 2. complying with applicable state and local utility damage prevention Laws and Regulations; EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyrightm 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 70 3. verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course of construction; 4. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and 5. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated on the Drawings, or was not shown or indicated on the Drawings with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing regarding such Underground Facility. C. Engineer's Review: Engineer will: 1. promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated on the Drawings, or was not shown or indicated with reasonable accuracy; 2. identify and communicate with the owner of the Underground Facility; prepare recommendations to Owner (and if necessary issue any preliminary instructions to Contractor) regarding the Contractor's resumption of Work in connection with the Underground Facility in question; 3. obtain any pertinent cost or schedule information from Contractor; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and 4. advise Owner in writing of Engineer's findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner's Statement to Contractor Regarding Underground Facility: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations in whole or in part. E. Early Resumption of Work: If at any time Engineer determines that Work in connection with the Underground Facility may resume prior to completion of Engineer's review or Owner's issuance of its statement to Contractor, because the Underground Facility in question and conditions affected by its presence have been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. F. Possible Price and Times Adjustments 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, to the extent that any existing Underground Facility at the Site that was not shown EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 70 or indicated on the Drawings, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. 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 Paragraph 13.03; b. Contractor's entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E; and c. Contractor gave the notice required in Paragraph 5.05.13. 2. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the Underground Facility in question. 4. The information and data shown or indicated on the Drawings with respect to existing Underground Facilities at the Site is based on information and data (a) furnished by the owners of such Underground Facilities, or by others, (b) obtained from available records, or (c) gathered in an investigation conducted in accordance with the current edition of ASCE 38, Standard Guideline forthe Collection and Depiction of Existing Subsurface Utility Data, by the American Society of Civil Engineers. If such information or data is incorrect or incomplete, Contractor's remedies are limited to those set forth in this Paragraph 5.05.F. 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; 2. drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures f EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyrightm 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 70 of construction to be employed by Contractor, and safety precautions and programs incident thereto; 2. other data, interpretations, opinions, and information contained in such reports orshown 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 removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) 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. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.17. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. 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, as a result of such Work stoppage, such special conditions under which Work is agreed to be resumed by Contractor, or any costs or expenses incurred in response to the Hazardous Environmental Condition, then within 30 days of Owner's written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. Entitlement to any such adjustment is subject to the provisions of Paragraphs 4.05.D, 4.05.E, 11.07, and 11.08. H. If, after receipt of such written notice, Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special E1CDC6 C-700, Standard General Conditions of the Construction Contract. Copyrightm 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 70 conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, 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, arbitration, or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.13, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.1 obligates Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, 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 the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J obligates Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6—BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of Contractor's obligations under the Contract. These bonds must remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the terms of a prescribed bond form, the Supplementary Conditions, or other provisions of the Contract. B. Contractor shall also furnish such other bonds (if any) as are required by the Supplementary Conditions or other provisions of the Contract. C. All bonds must be in the form included in the Bidding Documents or otherwise specified by Owner prior to execution of the Contract, except as provided otherwise by Laws or EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright' 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 70 r Regulations, and must be issued and signed by a surety named in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, U.S. Department of the Treasury. A bond signed by an agent or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority must show that it is effective on the date the agent or attorney -in -fact signed the accompanying bond. D. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the required amounts. E. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer in writing and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which must comply with the bond and surety requirements above. F. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16. G. Upon request to Owner from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Owner shall provide a copy of the payment bond to such person or entity. H. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Contractor shall provide a copy of the payment bond to such person or entity. 6.02 Insurance —General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized in the state or jurisdiction in which the Project is located to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. C. Alternative forms of insurance coverage, including but not limited to self-insurance and "Occupational Accident and Excess Employer's Indemnity Policies," are not sufficient to meet the insurance requirements of this Contract, unless expressly allowed in the Supplementary Conditions. D. Contractor shall deliver to Owner, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Contractor has obtained and is maintaining the policies and coverages required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies, documentation of applicable self -insured retentions (if allowed) and deductibles, full disclosure of all relevant exclusions, and evidence of insurance required to be purchased and maintained by EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyrights 2018 National Society of Professional Engineers, American Council of Engineering Companies, - and American Society of Civil Engineers. All rights reserved. Page 22 of 70 Subcontractors or Suppliers. In any documentation furnished underthis provision, Contractor, Subcontractors, and Suppliers may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those applicable to this Contract. E. Owner shall deliver to Contractor, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Owner has obtained and is maintaining the policies and coverages required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies, documentation of applicable self -insured retentions (if allowed) and deductibles, and full disclosure of all relevant exclusions. In any documentation furnished under this provision, Owner may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those relevant to this Contract. F. Failure of Owner or Contractor to demand such certificates or other evidence of the other party's full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, will not be construed as a waiver of the other party's obligation to obtain and maintain such insurance. G. In addition to the liability insurance required to be provided by Contractor, the Owner, at Owner's option, may purchase and maintain Owner's own liability insurance. Owner's liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner's liability policies for any of Contractor's obligations to the Owner, Engineer, or third parties. H. Contractor shall require: 1. Subcontractors to purchase and maintain worker's compensation, commercial general liability, and other insurance that is appropriate for their participation in the Project, and to name as additional insureds Owner and Engineer (and any other individuals or entities identified in the Supplementary Conditions as additional insureds on Contractor's liability policies) on each Subcontractor's commercial general liability insurance policy; and 2. Suppliers to purchase and maintain insurance that is appropriate fortheir participation in the Project. I. If either party does not purchase or maintain the insurance required of such party by the Contract, 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. J. If Contractor has failed to obtain and maintain required insurance, Contractor's entitlement to enter or remain at the Site will end immediately, and Owner may impose an appropriate set-off against payment for any associated costs (including but not limited to the cost of purchasing necessary insurance coverage), and exercise Owner's termination rights under Article 16. K. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect (but is in no way obligated) to obtain equivalent insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and the Contract Price will be adjusted accordingly. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 70 L. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor's interests. Contractor is responsible for determining whether such coverage and limits are adequate to protect its interests, and for obtaining and maintaining any additional insurance that Contractor deems necessary. M. The insurance and insurance limits required herein will not be deemed as a limitation on Contractor's liability, or that of its Subcontractors or Suppliers, under the indemnities granted to Owner and other individuals and entities in the Contract or otherwise. N. All the policies of insurance required to be purchased and maintained under this Contract will contain a provision or endorsement that the coverage afforded will not be canceled, or renewal refused, until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured and Engineer. 6.03 Contractor's Insurance A. Required Insurance: Contractor shall purchase and maintain Worker's Compensation, Commercial General Liability, and other insurance pursuant to the specific requirements of the Supplementary Conditions. B. General Provisions: The policies of insurance required by this Paragraph 6.03 as supplemented must: 1. include at least the specific coverages required; 2. be written for not less than the limits provided, or those required by Laws or Regulations, whichever is greater; 3. remain in effect at least until the Work is complete (as set forth in Paragraph 15.06.D), and longer if expressly required elsewhere in this Contract, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract; 4. apply with respect to the performance of the Work, whether such performance is by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable; and 5. include all necessary endorsements to support the stated requirements. C. Additional Insureds: The Contractor's commercial general liability, automobile liability, employer's liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies, if required by this Contract, must: 1. include and list as additional insureds Owner and Engineer, and any individuals or entities identified as additional insureds in the Supplementary Conditions; 2. include coverage for the respective officers, directors, members, partners, employees, and consultants of all such additional insureds; 3. afford primary coverage to these additional insureds for all claims covered thereby (including as applicable those arising from both ongoing and completed operations); EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyrights 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 70 4. not seek contribution from insurance maintained by the additional insured; and 5. as to commercial general liability insurance, apply to additional insureds with respect to liability caused in whole or in part by Contractor's acts or omissions, or the acts and omissions of those working on Contractor's behalf, in the performance of Contractor's operations. Builder's Risk and Other Property Insurance A. Builder's Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder's risk insurance upon the Work on a completed value basis, in the amount of the Work's full insurable replacement cost (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). The specific requirements applicable to the builder's risk insurance are set forth in the Supplementary Conditions. B. Property Insurance for Facilities of Owner Where Work Will Occur: Owner is responsible for obtaining and maintaining property insurance covering each existing structure, building, or facility in which any part of the Work will occur, or to which any part of the Work will attach or be adjoined. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, providing coverage consistent with that required for the builder's risk insurance, and will be maintained until the Work is complete, as set forth in Paragraph 15.06.D. C. Property Insurance for Substantially Complete Facilities: Promptly after Substantial Completion, and before actual occupancy or use of the substantially completed Work, Owner will obtain property insurance for such substantially completed Work, and maintain such property insurance at least until the Work is complete, as set forth in Paragraph 15.06.D. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, and provide coverage consistent with that required for the builder's risk insurance. The builder's risk insurance may terminate upon written confirmation of Owner's procurement of such property insurance. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder's risk policy, or through Contractor) will provide advance notice of such occupancy or use to the builder's risk insurer, and obtain an endorsement consenting to the continuation of coverage prior to commencing such partial occupancy or use. E. Insurance of Other Property; Additional Insurance: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, then the entity or individual owning such property item will be responsible for insuring it. If Contractor elects to obtain other special insurance to be included in or supplement the builder's risk or property insurance policies provided under this Paragraph 6.04, it may do so at Contractor's expense. Property Losses; Subrogation A. The builder's risk insurance policy purchased and maintained in accordance with Paragraph 6.04 (or an installation floater policy if authorized by the Supplementary Conditions), will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 70 Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. 1. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils, risks, or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all individuals or entities identified in the Supplementary Conditions as builder's risk or installation floater insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. 2. None of the above waivers extends to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Any property insurance policy maintained by Owner covering any loss, damage, or consequential loss to Owner's existing structures, buildings, or facilities in which any part of the Work will occur, or to which any part of the Work will attach or adjoin; to adjacent structures, buildings, or facilities of Owner; or to part or all of the completed or substantially completed Work, during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06, will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against Contractor, Subcontractors, or Engineer, orthe officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them, and that the insured is allowed to waive the insurer's rights of subrogation in a written contract executed prior to the loss, damage, or consequential loss. 1. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from fire or any of the perils, risks, or causes of loss covered by such policies. C. The waivers in this Paragraph 6.05 include the waiver of rights due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other insured peril, risk, or cause of loss. D. Contractor shall be responsible for assuring that each Subcontract contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from fire or other peril, risk, or cause of loss covered by builder's risk insurance, installation floater, and any other property insurance applicable to the Work. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 70 6.06 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder's risk and other policies of property insurance required by Paragraph 6.04 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. Proceeds for such insured losses maybe made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder's risk and other policies of insurance required by Paragraph 6.04 shall maintain such proceeds in a segregated account, and distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, Contractor shall repair or replace the damaged Work, using allocated insurance proceeds. ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES 7.01 Contractor's Means and Methods of Construction A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. If the Contract Documents note, or Contractor determines, that professional engineering or other design services are needed to carry out Contractor's responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at Contractor's expense. Such services are not Owner -delegated professional design services under this Contract, and neither Owner nor Engineer has any responsibility with respect to (1) Contractor's determination of the need for such services, (2) the qualifications or licensing of the design professionals retained or employed by Contractor, (3) the performance of such services, or (4) any errors, omissions, or defects in such services. 7.02 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. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who will not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.03 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and la) Work and perform construction as required by the Contract Documents. Contra( maintain good discipline and order at the Site. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 70 B. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of Contractor's employees; of Suppliers and Subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work, just as Contractor is responsible for Contractor's own acts and omissions. C. 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 will be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner's written consent, which will not be unreasonably withheld. 7.04 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 otherfacilities and incidentals necessary forthe performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work must be new and of good quality, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications will expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment must be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 7.05 "Or Equals" A. Contractor's Request- Governing Criteria: Whenever an item of equipment or material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or equal" item is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material, or items from other proposed Suppliers, under the circumstances described below. 1. If Engineer in its sole discretion determines that an item of equipment or material proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer will deem it an "or equal" item. For the purposes of this paragraph, a proposed item of equipment or material will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that the proposed item: 1) is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; EJCDC® C-700, Standard General Conditions of the Construction Contract. CopyrightO 2018 National Society of Professional Engineers, American Council of Engineering Companies. and American Society of Civil Engineers. All rights reserved. Page 28 of 70 2) will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) has a proven record of performance and availability of responsive service; and 4) is not objectionable to Owner. b. Contractor certifies that, if the proposed item is approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) the item will conform substantially to the detailed requirements of the item named in the Contract Documents. 4 B. Contractor's Expense: Contractor shall provide all data in support of any proposed "or equal" item at Contractor's expense. C. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each "or -equal" request. Engineer may require Contractor to furnish additional data about the proposed "or -equal" item. Engineer will be the sole judge of acceptability. No "or - equal" item will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an "or -equal," which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. D. Effect of Engineer's Determination: Neither approval nor denial of an "or -equal" request will result in any change in Contract Price. The Engineer's denial of an "or -equal" request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. E. Treatment as a Substitution Request: If Engineer determines that an item of equipment or material proposed by Contractor does not qualify as an "or -equal" item, Contractor may request that Engineer consider the item a proposed substitute pursuant to Paragraph 7.06. Substitutes A. Contractor's Request, Governing Criteria: Unless the specification or description of an item of equipment or material required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material under the circumstances described below. To the extent possible such requests must be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of equipment or material from anyone other than Contractor. The requirements for review by Engineer will be as set forth in Paragraph 7.06.13, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. EICDC° C-700, Standard General Conditions of the Construction Contract. Capyright° 2018 National Society of Professional Engineers, American Council cf Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 29 of 70 3. Contractor shall make written application to Engineer for review of a proposed substitute item of equipment or material that Contractor seeks to furnish or use. The application: a. will certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design; 2) be similar in substance to the item specified; and 3) be suited to the same use as the item specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times; 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from the item specified; and 2) available engineering, sales, maintenance, repair, and replacement services. d. will contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer's determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer's Cost: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyrightc 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 30 of 70 E. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute at Contractor's expense. Effect of Engineer's Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer's denial of a substitution request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.06.D, by timely submittal of a Change Proposal. 7.07 Concerning Subcontractors and Suppliers A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. The Contractor's retention of a Subcontractor or Supplier for the performance of parts of the Work will not relieve Contractor's obligation to Owner to perform and complete the Work in accordance with the Contract Documents. B. Contractor shall retain specific Subcontractors and Suppliers for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor's Bid or final negotiation of the terms of the Contract, Owner may not require Contractorto retain any Subcontractor or Supplier to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 5 days. E. Owner may require the replacement of any Subcontractor or Supplier. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has - submitted the identity of certain Subcontractors or Suppliers for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor or Supplier so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor or Supplier. F. If Owner requires the replacement of any Subcontractor or Supplier retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner's requirement of replacement. G. No acceptance by Owner of any such Subcontractor or Supplier, whether initially or as a replacement, will constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 31 of 70 H. On a monthly basis, Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. I. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors and Suppliers. J. The divisions and sections of the Specifications and the identifications of any Drawings do not control Contractor in dividing the Work among Subcontractors or Suppliers, or in delineating the Work to be performed by any specific trade. K. All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract for the benefit of Owner and Engineer. L. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor for Work performed for Contractor by the Subcontractor or Supplier. M. Contractor shall restrict all Subcontractors and Suppliers from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed in this Contract. 7.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If an invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights will be disclosed in the Contract Documents. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 32 of 70 7.09 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits, licenses, and certificates of occupancy. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor's Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 7.10 Taxes 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. 7.11 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, 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 such Work or other action. It is not Contractor's responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this does not relieve Contractor of its obligations under Paragraph 3.03. C. Owner or Contractor may give written notice to the other party of any changes after the submission of Contractor's Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such written notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.12 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineerfor reference. Upon completion of the Work, Contractor shall deliverthese record documents to Engineer. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 33 of 70 M 7.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. B. Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work -related accidents and the maintenance and supervision of safety precautions and programs. C. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who maybe 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, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. D. All damage, injury, or loss to any property referred to in Paragraph 7.13.C.2 or 7.13.C.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). E. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. F. Contractor shall notify Owner; the owners of adjacent property; the owners of Underground Facilities and other utilities (if the identity of such owners is known to Contractor); and other contractors and utility owners performing work at or adjacent to the Site, in writing, when Contractor knows that prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. G. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. Any Owner's safety programs that are applicable to the Work are identified or included in the Supplementary Conditions or Specifications. H. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. EJCDC® C-700, Standard General Conditions of the Construction Contract. CopyrigWO 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 34 of 70 I. Contractor's duties and responsibilities for safety and protection will continue until all the Work is completed, Engineer has issued a written notice to Owner and Contractor in accordance with Paragraph 15.06.0 that the Work is acceptable, and Contractor has left the Site (except as otherwise expressly provided in connection with Substantial Completion). J. Contractor's duties and responsibilities for safety and protection will resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of safety data sheets (formerly known as material safety data sheets) or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused by an emergency, or are required as a result of Contractor's response to an emergency. If Engineer determines that a change in the Contract Documents is required because of an emergency or Contractor's response, a Work Change Directive or Change Order will be issued. Submittals A. Shop Drawing and Sample Requirements 1. Before submitting a Shop Drawing or Sample, Contractor shall: a. review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determine and verify: 1) all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to the Submittal; 2) the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 3) all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; c. confirm that the Submittal is complete with respect to all related data included in the Submittal. 2. Each Shop Drawing or Sample must bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review of that Submittal, and that Contractor approves the Submittal. EJCDC8 C-700, Standard General Conditions of the Construction Contract. Er Copyrightm 2018 National Society of Professional Engineers, American Council of Engineering 4Coi npanies, and American Society of Civil Engineers. All rights reserved. Page 35 of 70 With each Shop Drawing or Sample, Contractors hall give Engineers pecific written notice of any variations that the Submittal may have from the requirements of the Contract Documents. This notice must be set forth in a written communication separate from the Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on the Shop Drawing itself. B. Submittal Procedures forShop Drawings and Samples: Contractor shall label and submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. 1. Shop Drawings a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings must be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide, and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.C. 2. Samples a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the Submittal for the limited purposes required by Paragraph 7.16.C. 3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Engineer's Review of Shop Drawings and Samples 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the accepted Schedule of Submittals. 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, comply with the requirements of the Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions or programs incident thereto. 3. Engineer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer's review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.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 will E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 Na'iu gal Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 36 of 70 OAD M document any such approved variation from the requirements of the Contract Documents in a Field Order or other appropriate Contract modification. 5. Engineer's review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for complying with the requirements of Paragraphs 7.16.A and B. 6. Engineer's review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, will not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer's receipt, review, acceptance, or approval of a Shop Drawing or Sample will result in such item becoming a Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.C.4. D. Resubmittal Procedures for Shop Drawings and Samples Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous Submittals. 2. Contractor shall furnish required Shop Drawing and Sample submittals with sufficient information and accuracy to obtain required approval of an item with no more than two resubmittals. Engineer will record Engineer's time for reviewing a third or subsequent resubmittal of a Shop Drawing or Sample, and Contractor shall be responsible for Engineer's charges to Owner for such time. Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved Shop Drawing or Sample, Contractor shall be responsible for Engineer's charges to Owner for its review time, and Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. E. Submittals Other than Shop Drawings, Samples, and Owner -Delegated Designs 1. The following provisions apply to all Submittals other than Shop Drawings, Samples, and Owner -delegated designs: Contractor shall submit all such Submittals to the Engineer in accordance with the Schedule of Submittals and pursuant to the applicable terms of the Contract Documents. b. Engineer will provide timely review of all such Submittals in accordance with the Schedule of Submittals and return such Submittals with a notation of either Accepted or Not Accepted. Any such Submittal that is not returned within the time established in the Schedule of Submittals will be deemed accepted. c. Engineer's review will be only to determine if the Submittal is acceptable under the requirements of the Contract Documents as to general form and content of the Submittal. & EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Ccuncil of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 37 of 70 d. If any such Submittal is not accepted, Contractor shall confer with Engineer regarding the reason for the non -acceptance, and resubmit an acceptable document. 2. Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of Submittals, and the Schedule of Values are set forth in Paragraphs 2.03. 2.04, and 2.05. F. Owner -delegated Designs: Submittals pursuant to Owner -delegated designs are governed by the provisions of Paragraph 7.19. 7.17 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 is entitled to rely on Contractor's warranty and guarantee. B. Owner's rights under this warranty and guarantee are in addition to, and are not limited by, Owner's rights under the correction period provisions of Paragraph 15.08. The time in which Owner may enforce its warranty and guarantee rights under this Paragraph 7.17 is limited only by applicable Laws and Regulations restricting actions to enforce such rights; provided, however, that after the end of the correction period under Paragraph 15.08: 1. Owner shall give Contractor written notice of any defective Work within 60 days of the discovery that such Work is defective; and 2. Such notice will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.6, such that any related Claim must be brought within 30 days of the notice. C. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, or improper modification, maintenance, or operation, by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. D. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents, a release of Contractor's obligation to perform the Work in accordance with the Contract Documents, or a release of Owner's warranty and guarantee rights under this Paragraph 7.17: 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; 6. The issuance of a notice of acceptability by Engineer; 7. The end of the correction period established in Paragraph 15.08; 8. Any inspection, test, or approval by others; or EJCDCO C-700, Standard General Conditions of the Construction Contract. Capyright'D 2018 National Society of Professional Engineers, American Council o. 'Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 38 of 70 9. Any correction of defective Work by Owner. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract will govern with respect to Contractor's performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from losses, damages, costs, and judgments (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 from third -party claims or actions relating to or resulting from the performance or furnishing of the Work, provided that any such claim, action, loss, cost, judgment or damage is attributable to bodily injury, sickness, disease, or death, orto damage to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, by any employee (orthe survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone forwhose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A will not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. 7.19 Delegation of Professional Design Services A. Owner may require Contractor to provide professional design services for a portion of the Work by express delegation in the Contract Documents. Such delegation will specify the performance and design criteria that such services must satisfy, and the Submittals that Contractor must furnish to Engineer with respect to the Owner -delegated design. Contractor shall cause such Owner -delegated professional design services to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations. C. If a Shop Drawing or other Submittal related to the Owner -delegated design is prepared by Contractor, a Subcontractor, or others for submittal to Engineer, then such Shop Drawing or other Submittal must bear the written approval of Contractor's design professional when submitted by Contractor to Engineer. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 39 of 70 D. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by Contractor under an Owner -delegated design, subject to the professional standard of care and the performance and design criteria stated in the Contract Documents. E. Pursuant to this Paragraph 7.19, Engineer's review, approval, and other determinations regarding design drawings, calculations, specifications, certifications, and other Submittals furnished by Contractor pursuant to an Owner -delegated design will be only for the following limited purposes: 1. Checking for conformance with the requirements of this Paragraph 7.19; 2. Confirming that Contractor (through its design professionals) has used the performance and design criteria specified in the Contract Documents; and 3. Establishing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents. F. Contractor shall not be responsible for the adequacy of performance or design criteria specified by Owner or Engineer. G. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. ARTICLE 8—OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner's employees, or through contracts between the Owner and third parties. Owner may also arrange to have third -party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner's employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any third -party utility work that Owner has arranged to take place at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner's employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. D. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright'!' 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 40 of 70 E. If the proper execution or results of any part of Contractor's Work depends upon work performed by others, 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. F. The provisions of this article are not applicable to work that is performed by third -party utilities or other third -party entities without a contract with Owner, or that is performed without having been arranged by Owner. If such work occurs, then any related delay, disruption, or interference incurred by Contractor is governed by the provisions of Paragraph 4.05.C.3. 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner's employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. An itemization of the specific matters to be covered by such authority and responsibility; and 3. The extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work for Owner at or adjacent to the Site, the Owner's employees, any other contractor working for Owner, or any utility owner that Owner has arranged to perform work, causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price orthe Contract Times. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment will take into account information (if any) regarding such otherworkthat was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract, and any remedies available to Contractor under Laws or Regulations concerning utility action or inaction. When applicable, any such equitable adjustment in Contract Price will be conditioned on Contractor assigning to Owner all Contractor's rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor's entitlement to an adjustment of the Contract Times or Contract Price is subject to the provisions of Paragraphs 4.05.1) and 4.05.E. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 41 of 70 r B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due Contractor, and assign to such other contractor or utility ownerthe Owner's contractual rights against Contractor with respect to the breach of the obligations set forth in this Paragraph 8.03.13. When Owner is performing other work at or adjacent to the Site with Owner's employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor's failure to take reasonable and customary measures with respect to Owner's other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due Contractor. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor's actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all 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 damage, delay, disruption, or interference. ARTICLE 9—OWNER'S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer's status under the Contract Documents will be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyrights 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 42 of 70 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner's duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner's duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner's responsibilities with respect to Change Orders are set forth in Article 11. 9.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.13. 9.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract (including obligations under proposed changes in the Work). 9.12 Safety Programs A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyrigh''c 7018 National Society of Professional Engineers, American Council of Enginceiing Companies, and American Society of Civil Engineers. All rights reserved. Page 43 of 70 ARTICLE 10—ENGINEER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract. 10.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe, as an experienced and qualified design professional, the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 10.07. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Resident Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in the Supplementary Conditions and in Paragraph 10.07. B. If Owner designates an individual or entity who is not Engineer's consultant, agent, or employee to represent Owner at the Site, then the responsibilities and authority of such individual or entity will be as provided in the Supplementary Conditions. 10.04 Engineer's Authority A. Engineer has the authority to reject Work in accordance with Article 14. B. Engineer's authority as to Submittals is set forth in Paragraph 7.16, C. Engineer's authority as to design drawings, calculations, specifications, certifications and other Submittals from Contractor in response to Owner's delegation (if any) to Contractor of professional design services, is set forth in Paragraph 7.19. D. Engineer's authority as to changes in the Work is set forth in Article 11. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 44 of 70 E. Engineer's authority as to Applications for Payment is set forth in Article 15. 10.05 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.07 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, will 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 responsible 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. Eng?neer's review ofthefinal 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 Contractor under Paragraph 15.06.A, will only be to determine generally that their content complies with the requirements 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 responsibility set forth in this Paragraph 10.07 also apply to the Resident Project Representative, if any. Compliance with Safety Program A. While at the Site, Engineer's employees and representatives will comply with the specific applicable requirements of Owner's and Contractor's safety programs of which Engineer has been informed. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyrightc 2018 National Society of Professional Engineers, Americani Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 45 of 70 ARTICLE 11—CHANGES TO THE CONTRACT 11.01 Amending and Supplementing the Contract A. The Contract maybe amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. B. If an amendment or supplement to the Contract includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. C. All changes to the Contract that involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, must be supported by Engineer's recommendation. Owner and Contractor may amend other terms and conditions of the Contract without the recommendation of the Engineer. 11.02 Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. Changes in Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. Changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; 3. Changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.05, (b) required because of Owner's acceptance of defective Work under Paragraph 14.04 or Owner's correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer's recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters; and 4. Changes that embody the substance of any final and binding results under: Paragraph 11.03.13, resolving the impact of a Work Change Directive; Paragraph 11.09, concerning Change Proposals; Article 12, Claims; Paragraph 13.02.1), final adjustments resulting from allowances; Paragraph 13.03.1), final adjustments relating to determination of quantities for Unit Price Work; and similar provisions, If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of Paragraph 11.02,A, it will be deemed to be of full force and effect, as if fully executed. 11.03 Work Change Directives A. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive's effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.07 regarding change of Contract Price. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyrights 2018 National Society of Professional Engineers, American Co:ancil of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 46 of 70 B. If Owner has issued a Work Change Directive and: 1. Contractor believes that an adjustment in Contract Times or Contract Price is necessary, then Contractor shall submit any Change Proposal seeking such an adjustment no later than 30 days after the completion of the Work set out in the Work Change Directive. 2. Owner believes that an adjustment in Contract Times or Contract Price is necessary, then Owner shall submit any Claim seeking such an adjustment no later than 60 days after issuance of the Work Change Directive. 11.04 Field Orders A. Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. B. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.05 Owner -Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Changes involving the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters will be supported by Engineer's recommendation. B. Such changes in the Work may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work must be performed under the applicable conditions of the Contract Documents. C. Nothing in this Paragraph 11.05 obligates Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations. 11.06 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05.C.2. 11.07 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 47 of 70 1. Where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.07.C.2); or 3. Where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 11.07.C), C. Contractor's Fee: When applicable, the Contractor's fee for overhead and profit will 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 13.01.13.1 and 13.01.6.2, the Contractor's fee will be 15 percent; b. For costs incurred under Paragraph 13.01.13.3, the Contractor's fee will be 5 percent; c. Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.07.C.2.a and 11.07.C.2.b is that the Contractor's fee will be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.13.1 and 13.01.13.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of 5 percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted Work the maximum total fee to be paid by Owner will be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the Work; d. No fee will be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; e. The amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in Cost of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work; and f. When both additions and credits are involved in any one change or Change Proposal, the adjustment in Contractor's fee will be computed by determining the sum of the costs in each of the cost categories in Paragraph 13.01.E (specifically, payroll costs, Paragraph 13.01.6.1; incorporated materials and equipment costs, Paragraph 13.01.13.2; Subcontract costs, Paragraph 13.01.13.3; special consultants costs, Paragraph 13.01.13.4; and other costs, Paragraph 13.01.13.5) and applying to each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a through 11.07.C.2.e, inclusive. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyrights 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 48 of 70 11.08 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12. B. Delay, disruption, and interference in the Work, and any related changes in Contract Times, are addressed in and governed by Paragraph 4.05. 11.09 Change Proposals A. Purpose and Content: Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; contest an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; challenge a set-off against payment due; or seek other relief under the Contract. The Change Proposal will specify any proposed change in Contract Times or Contract Price, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. Each Change Proposal will address only one issue, or a set of closely related issues. B. Change Proposal Procedures 1. Submittal: Contractor shall submit each Change Proposal to Engineer within 30 days after the start of the event giving rise thereto, or after such initial decision. 2. Supporting Data: The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. a. Change Proposals based on or related to delay, interruption, or interference must comply with the provisions of Paragraphs 4.05.1) and 4.05.E. b. Change proposals related to a change of Contract Price must include full and detailed accounts of materials incorporated into the Work and labor and equipment used for the subject Work. The supporting data must be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. 3. Engineer's Initial Review: Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. If in its discretion Engineer concludes that additional supporting data is needed before conducting a full review and making a decision regarding the Change Proposal, then Engineer may request that Contractor submit such additional supporting data by a date specified by Engineer, prior to Engineer beginning its full review of the Change Proposal. 4. Engineer's Full Review and Action on the Change Proposal: Upon receipt of Contractor's supporting data (including any additional data requested by Engineer), Engineer will conduct a full review of each Change Proposal and, within 30 days after such receipt of the Contractor's supporting data, either approve the Change Proposal in whole, deny it in whole, or approve it in part and deny it in part. Such actions must be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 49 of 70 Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer's inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 5. Binding Decision: Engineer's decision is final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. C. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties in writing that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice will be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. D. Post -Completion: Contractor shall not submit any Change Proposals after Engineer issues a written recommendation of final payment pursuant to Paragraph 15.06.13. 11.10 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 12—CLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor are subject to the Claims process set forth in this article: 1. Appeals by Owner or Contractor of Engineer's decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters; and 4. Subject to the waiver provisions of Paragraph 15.07, any dispute arising after Engineer has issued a written recommendation of final payment pursuant to Paragraph 15.06.13. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim rests with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor's knowledge EJCDC1 C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National ScciEcy of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 50 of 70 and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a' Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim will be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate will stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process will resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process will resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediator's fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action will be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claire may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim will be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim will be incorporated in a Change Order or other written document to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost -plus -fee, time -and -materials, or other cost -based terms; or EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyr"ght® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 51 of 70 2. When needed to determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work will be in amounts no higher than those commonly incurred in the locality of the Project, will not include any of the costs itemized in Paragraph 13.01.C, and will include only the following items: 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 in advance of the subject Work. Such employees include, without limitation, superintendents, foremen, safety managers, safety representatives, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs include, but are not limited to, salaries and wages plus the cost of fringe benefits, which include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, will 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 accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts will accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment will accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, which 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 will be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 13.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed or retained for services specifically related to the Work. 5. Other costs consisting of 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 maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, which are E1CDC° C-700, Standard General Conditions of the Construction Contract. Copyright'R 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 52 of 70 consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. 1) In establishing included costs for materials such as scaffolding, plating, or sheeting, consideration will be given to the actual or the estimated life of the material for use on other projects; or rental rates may be established on the basis of purchase or salvage value of such items, whichever is less. Contractor will not be eligible for compensation for such items in an amount that exceeds the purchase cost of such item. c. Construction Equipment Rental 1) Rentals of all construction equipment and machinery, and the parts thereof, in accordance with rental agreements approved by Owner as to price (including any surcharge or special rates applicable to overtime use of the construction equipment or machinery), and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs will be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts must cease when the use thereof is no longer necessary for the Work. 2) Costs for equipment and machinery owned by Contractor or a Contractor -related entity will be paid at a rate shown for such equipment in the equipment rental rate book specified in the Supplementary Conditions. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. 3) With respect to Work that is the result of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price ("changed Work"), included costs will be based on the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, must cease to accrue when the use thereof is no longer necessary for the changed Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as 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. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of builder's risk or other property insurance established in accordance with Paragraph 6.04), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses will be included in the Cost of the Work for the purpose of determining Contractor's fee. EJCDC" C-700, Standard General Conditions of the Construction Contract. Copyrightm 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 53 of 70 g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work does not include any of the following items: Payroll costs and other compensation of Contractor's officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.13.1 or specifically covered by Paragraph 13.01.6.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor's fee. 2. The cost of purchasing, renting, or furnishing small tools and hand tools. 3. Expenses of Contractor's principal and branch offices otherthan Contractor's office at the Site. 4. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 5. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or forwhose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 6. Expenses incurred in preparing and advancing Claims. 7. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.13. D. Contractor's Fee 1. When the Work as a whole is performed on the basis of cost -plus -a -fee, then: a. Contractor's fee for the Work set forth in the Contract Documents as of the Effective Date of the Contract will be determined as set forth in the Agreement. b. for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work, Contractor's fee will be determined as follows: 1) When the fee for the Work as a whole is a percentage of the Cost of the Work, the fee will automatically adjust as the Cost of the Work changes. 2) When the fee for the Work as a whole is a fixed fee, the fee for any additions or deletions will be determined in accordance with Paragraph 11.07.C.2. 2. When the Work as a whole is performed on the basis of a stipulated sum, or any other basis other than cost -plus -a -fee, then Contractor's fee for any Work covered by a Change EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 54 of 70 WO Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work will be determined in accordance with Paragraph 11.07.C.2. E. Documentation and Audit: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices. Subject to prior written notice, Owner will be afforded reasonable access, during normal business hours, to all Contractor's accounts, records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and Contractor's fee. Contractor shall preserve all such documents for a period of three years after the final payment by Owner. Pertinent Subcontractors will afford such access to Owner, and preserve such documents, to the same extent required of Contractor. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment for any of the foregoing will be valid. C. Owner's Contingency Allowance: Contractor agrees that an Owner's contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D, Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor for Work covered by allowances, and the Contract Price will be correspondingly adjusted 13.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractorfor Unit Price Work will be based on actual quantities. 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. 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 E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Profrzssional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 55 of 70 thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, and the final adjustment of Contract Price will be set forth in a Change Order, subject to the provisions of the following paragraph. E. Adjustments in Unit Price 1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if: a. the quantity of the item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and b. Contractor's unit costs to perform the item of Unit Price Work have changed materially and significantly as a result of the quantity change. The adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in Contractor's costs to perform such other Work, such that the resulting overall change in Contract Price is equitable to Owner and Contractor. 3. Adjusted unit prices will apply to all units of that item. ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply with such procedures and programs as applicable. 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work will be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyrightm 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 56 of 70 D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections and tests will be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. 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, Contractor shall, if requested by Engineer, uncoversuch Work for observation. Such uncovering will be at Contractor's expense unless Contractor had given Engineer timely notice of Contractor's intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor's Obligation: It is Contractor's obligation to assure that the Work is not defective. B. Engineer's Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt written notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering ComNanies, and American Society of Civil Engineers. All rights reserved. Page S7 of 70 losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer's confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work will be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer's observation, and then replace the covering, all at Contractor's expense. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then 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, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages 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 pending Contractor's full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15. 2. 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, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 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, then Owner may order Contractor to stop the Work, E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 Nationa: Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 58 of 70 or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work will 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. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace defective Work as required by Engineer, then Owner may, after 7 days' written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set -offs against payments due under Article 15. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 14.07. ARTICLE 15—PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments for Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost -based Work will be based on Cost of the Work completed by Contractor during the pay period. B. 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. 2. 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 must also be accompanied by: (a) a bill of sale, invoice, copies of subcontract or purchase order payments, or other documentation EJCDC° C-700, Standard General Conditions of the Construction Contract. - CopyrighO° 2018 National Society of Professional Engineers, American Couaci;- of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 59 of 70 establishing full payment by Contractor for the materials and equipment; (b) at Owner's request, documentation warranting that Owner has received the materials and equipment free and clear of all Liens; and (c) evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 3. Beginning with the second Application for Payment, each Application must include an affidavit of Contractor stating that all previous progress payments received by Contractor have been applied to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 4. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations 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 indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and 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. 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 responsibilities specifically assigned to Engineer in the Contract; or b. 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. E1CDC® C-700, Standard General Conditions of the Construction Contract. Cvpyrightm 2018 National Society of Professional Engineers, American Council cf E igineering Companies, and American Society of Civil Engineers. All rights reserved. Page 60 of 70 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; b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto; c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work; d. to make any examination to ascertain how or for what purposes Contractor has used the money paid by Owner; 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 15.01.C.2. 6. Engineer will recommend reductions in payment (set -offs) necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended (subject to any Owner set -offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner 1. In addition to any reductions in payment (set -offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. Claims have been made against Owner based on Contractor's conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages resulting from Contractor's conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright(' 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 61 of 70 b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. The Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. The Contract Price has been reduced by Change Orders; i. An event has occurred that would constitute a default by Contractor and therefore justify a termination for cause; j. Liquidated or other damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; or Other items entitle Owner to a set-off against the amount recommended 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed will be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld will be treated as an amount due as determined by Paragraph 15.01.D.1 and subject to interest as provided in the Agreement. 15.02 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than 7 days after the time of payment by Owner. 15.03 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyrightm 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 62 of 70 submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which will fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have 7 days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writingthat the Work is not substantially complete, statingthe reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner's objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner's use or occupancy of the Work following Substantial Completion, review the builder's risk insurance policy with respect to the end of the builder's risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner's use or occupancy of the Work. E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy 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 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Societ•; o, Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 63 of 70 significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. At any time, Owner may request in writing that Contractor permit Ownerto use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through 15.03.E for that part of the Work. 2. At any time, Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time aftereithersuch 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 part 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 15.03 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 6.04 regarding builder's risk or other property insurance. 15.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineerwill promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents (as provided in Paragraph 7.12), and other documents, Contractor may make application for final payment. 2. The final Application for Payment must be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 64 of 70 d. a list of all duly pending Change Proposals and Claims; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases orwaivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work forwhich Owner might in any way be responsible, or which might in anyway result in liens or other burdens on Owner's property, 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, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. Engineer's Review of Final Application and Recommendation of Payment: 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 underthe Contract have been fulfilled, Engineerwill, within 10 days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of final payment and present the final Application for Payment to Owner for payment. Such recommendation will account for any set -offs against payment that are necessary in Engineer's opinion to protect Owner from loss forthe reasons stated above with respect to progress payments. Otherwise, Engineer 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. 406 Notice of Acceptability: In support of its recommendation of payment of the final Application for Payment, Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to stated limitations in the notice and to the provisions of Paragraph 15.07. D. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer's written recommendation of final payment and issuance of notice of the acceptability of the Work. E. Final Payment Becomes Due: Upon receipt from Engineer of the final Application for Payment and accompanying documentation, Owner shall set off against the amount recommended by Engineer for final payment any further sum to which Owner is entitled, including but not limited to set -offs for liquidated damages and set -offs allowed under the provisions of this Contract with respect to progress payments. Owner shall pay the resulting balance due to Contractor within 30 days of Owner's receipt of the final Application for Payment from Engineer. 15.07 Waiver of Claims A. By making final payment, Owner waives its claim or right to liquidated damages or other damages for late completion by Contractor, except as set forth in an outstanding Claim, EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright@ 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 65 of 70 appeal under the provisions of Article 17, set-off, or express reservation of rights by Owner. Owner reserves all other claims or rights after final payment. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted as a Claim, or appealed under the provisions of Article 17. 15.08 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 Supplementary Conditions or the terms of any applicable special guarantee required by the Contract Documents), Owner gives Contractor written notice that any Work has been found to be defective, or that Contractor's repair of any damages to the Site or adjacent areas has been found to be defective, then after receipt of such notice of defect Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. correct the defective repairs to the Site or such adjacent areas; 2. correct such defective Work; 3. remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by Owner, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting from the corrective measures. B. Owner shall give any such notice of defect within 60 days of the discovery that such Work or repairs is defective. If such notice is given within such 60 days but after the end of the correction period, the notice will be deemed a notice of defective Work under Paragraph 7.17.6. C. If, after receipt of a notice of defect within 60 days and within the correction period, Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court orarbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). Contractor's failure to pay such costs, losses, and damages within 10 days of invoice from Owner will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.13, such that any related Claim must be brought within 30 days of the failure to pay. D. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. E. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. EJCDCm C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 66 of 70 F. Contractor's obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph are not to be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 16—SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times directly attributable to any such suspension. Any Change Proposal seeking such adjustments must be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor's repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) 10 days' written notice that Owner is considering a declaration that Contractor is in default and termination of the Contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) written notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.E if Contractor within 7 days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 67 of 70 attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds 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. F. 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, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond will govern over any inconsistent provisions of Paragraphs 16.02.E and 16.02.D. 16.03 Owner May Terminate for Convenience A. Upon 7 days' written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents priorto the effective date of termination, includingfair 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; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid for any loss of anticipated profits or revenue, post -termination overhead costs, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 40 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon 7 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 16.03. 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, 7 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 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyrightm 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 68 of 70 provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal 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 17—FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full, pursuant to Article 12; and 2. Disputes between Owner and Contractor concerning the Work, or obligations under the Contract Documents, that arise after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18—MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract requires the giving of written notice to Owner, Engineer, or Contractor, it will be deemed to have been validly given only if delivered: 1. in person, by a commercial courier service or otherwise, to the recipient's place of business; 2. by registered or certified mail, postage prepaid, to the recipient's place of business; or 3. by e-mail to the recipient, with the words "Formal Notice" or similar in the e-mail's subject line. 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 69 of 70 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party's non -enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination of the Contract or of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not 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. 18.09 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 18.10 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC® C-700, Standard General Conditions of the Construction Contract. CopyrightO 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 70 of 70 SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology.......................................................................................................2 Article2— Preliminary Matters....................................................................................................................2 Article 3— Contract Documents: Intent, Requirements, Reuse...................................................................3 Article 4— Commencement and Progress of the Work................................................................................3 Article 5— Site, Subsurface and Physical Conditions, Hazardous Environmental COnditions......................4 Article 6— Bonds and Insurance...................................................................................................................5 Article 7— Contractor's Responsibilities.....................................................................................................10 Article 8— Other Work at the Site..............................................................................................................15 Article9— Owner's Responsibilities...........................................................................................................15 Article 10— Engineer's Status During Construction....................................................................................15 Article 11— Changes to the Contract..........................................................................................................17 Article12— Claims......................................................................................................................................17 Article 13— Cost of Work; Allowances, Unit Price Work............................................................................17 Article 14— Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................18 Article 15— Payments to Contractor, Set Offs; Completions; Correction Period.......................................18 Article 16— Suspension of Work and Termination.....................................................................................19 Article 17 - Final Resolutions of Disputes ........................ ..........................................................................19 Article18— Miscellaneous..........................................................................................................................19 Exhibit A— Forms associated with sales and use tax exemption program for procurement of materials, by owner, to be incorporated into this project...........................................................................................20 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 1 of 23 SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT These Supplementary Conditions amend or supplement E1CDC° C-700, Standard General Conditions of the Construction Contract (2018). The General Conditions remain in full force and effect except as amended. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added —for example, "Paragraph SC-4.05." ARTICLE 1—DEFINITIONS AND TERMINOLOGY SC - 1.01_A.22 Add the following language to the definition of Engineer. The additional language should be added immediately after the end of the first sentence of Item 1.01.A.22. The term Engineer in this Contract refers to either or all of the following: the Design Engineer, the Owner's Engineer serving as Owner's project manager and Engineer during construction, another Engineer from whom Owner seeks expertise or guidance during construction of the Work. Engineer may be employed directly by Owner, or be a consultant of Owner. SC-1.01.A.30 Add the following language to the definition of Owner. The additional language should be added immediately after the end of the first sentence of Item 1.01.A.30, as follows: Owner will administer the Contract during construction. SC - 1.01.A.33 Add the following language to the definition of Resident Project Representative immediately after the 2"d sentence of Item 1.01.A.33. Owner will provide the RPR. RPR may be an employee of Owner or a consultant of Owner. ARTICLE 2—PRELIMINARY MATTERS 2.02 Copies of Documents SC-2.02 Delete Paragraph 2.02.A in its entirety and insert the following new paragraph in its place: A. Owner shall furnish to Contractor two printed copies of conformed Contract Documents incorporating and integrating all Addenda and any amendments negotiated prior to the Effective Date of the Contract (including one fully signed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies of the conformed Contract Documents will be furnished upon request at the cost of reproduction. In addition, Owner shall furnish to Contractor two full size (24"x36") sets of Conformed Construction Drawings, two reduced size (11"x17") sets of Conformed E1CDC® C-800, Supplementary Conditions of the Construction Contract. Copyright4) 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 23 Construction Drawings, and one electronic copy of Conformed Construction Drawings in PDF and AutoCAD formats. AutoCAD format is provided solely for Contractor's use in . preparing and providing Owner with Record Drawings. SC-2.05A Delete the Paragraph 2.05A in its entirety and insert the following new paragraph in its place. Paragraphs 2.05A.1, 2.05.A.2, 2.05.A.3 and 2.05.A.4 shall remain as written. A. At least 10 days before submission of the first Application for Payment, Contractor shall submit to Owner, a draft Application for Payment based on the schedule of values accepted by Owner in response to the Contractor's schedule of values submitted in accordance with Paragraph 2.03.A.3. No progress payment will be made to Contractor until acceptable schedules are submitted to Owner. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent SC-3.01.E Delete Paragraph 3.01.E in its entirety and insert the following new paragraph: E. Owner or Engineer may issue clarifications and interpretations of the Contract Documents as provided herein. SC-3.02.A.2 Amend the language of the first sentence in Paragraph 3.02.A.2 to read as follows: No provision of any such standard specification, manual, reference standard, or code, and no instruction of a Supplier, will be effective to change the duties or responsibilities of Owner, Contractor, or Engineer from those set forth in the part of the Contract Documents prepared by or for Owner. SC-3.03.A.1 Amend the language of the second sentence in Paragraph 3.03.A.1 to read as follows: Contractor shall promptly report in writing to Owner £ngineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation by Owner or Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. SC-3.04.A Add the following sentence immediately after the last sentence in Paragraph 3.04.A. Owner may choose to request the interpretation of the Design Engineer or another Engineer, at Owner's sole discretion. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 4.05 Delays in Contractor's Progress SC-4.05.C.1 Amend Paragraph 4.05.C.1 to include hurricanes. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 23 SC-4.05.C.2 Add the following sentence to the end of Item 4.05.C.2 Abnormal weather conditions shall apply to excessive rainfall that exceeds the historical three (3) year average for the specific month in which Contractor claims the weather delays interrupted the critical path towards completing the Work. Rainfall measurements shall be as reported by the Owner's weather station, located at the Owners water treatment plant, or a South Florida Water Management District (SFWMD) weather station located near the Site. Actual rainfall that exceeds the historical three year average for the specified month will justify an abnormal weather condition for which Contractor may request a change in Contract Time. ARTICLE S—SITE, SUBSURFACE AND PHYSICAL CONDITIONS, HAZARDOUS ENVIRONMENTAL CONDITIONS 5.03 Subsurface and Physical Conditions SC-5.03 Add the following new paragraphs immediately after Paragraph 5.03.D: E. The following table lists the reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data, and specifically identifies the Technical Data in the report upon which Contractor may rely: Report Title Date of Report Technical Data _ None forth is project F. The following table lists the drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data, and specifically identifies the Technical Data upon which Contractor may rely: Drawings Title Date of Drawings Technical Data None for this project G. Contractor may examine copies of reports and drawings identified in SC-5.03.E and SC-5.03.F that were not included with the Bidding Documents at the Jupiter Water Treatment Plant located at 17403 Central Boulevard, Jupiter, FL 33458 during regular business hours, or may request copies from Owner. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 23 5.06 Hazardous Environmental Conditions SC-5.06 Add the following new paragraphs immediately after Paragraph 5.06.A.3: 4. The following table lists the reports known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site, and the Technical Data (if any) upon which Contractor may rely: Title I Date of Report I Technical Data None for this 5. The following table lists the drawings known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site, and Technical Data (if any) contained in such Drawings upon which Contractor may rely: Drawings Title Date of Drawings Technlcal Data None for this project ARTICLE 6-130NDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds SC-6.01 Add the following paragraphs immediately after Paragraph 6.01.A: 1. Required Performance Bond Form: Shall be in the Form provided in the Front Ends of the Contract Documents. 2. Required Payment Bond Form: Shall be in the Form provided in the Front Ends of the Contract Documents. SC-6.01 Supplement Paragraph 6.01 with the following provisions after Paragraph 6.01.C: 1. Required Performance Bond Form: Shall be written by a surety with no less than an "A" rating by a national rating agency. All sureties must be on the U.S. Department of Treasury's listing of Approved Sureties and bonds must be written within the treasury's underwriting limitation. 2. Required Payment Bond Form: Shall be written by a surety with no less than an "A" rating by a national rating agency. All sureties must be on the U.S. Department of Treasury's listing of Approved Sureties and bonds must be written within the treasury's underwriting limitation. 6.02 Insurance — General Provisions SC-6.02 Add the following language to the end of the last sentence in Paragraph 6.02.6: "and Financial Stability: B+ to A+." EICDCO C-800, Supplementary Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 23 6.03 Contractor's Insurance SC-6.03 Supplement Paragraph 6.03 with the following provisions after Paragraph 6.03.0 D. Other Additional Insureds: As a supplement to the provisions of Paragraph 6.03.0 of the General Conditions, the commercial general liability, automobile liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies must include as additional insureds Owner, Engineer, and other entities as follows: The following language shall appear on the Certificate of Insurance: "The Town of Jupiter, Florida it's employees, agents, contractors, is hereby named Additional Insured under the terms of this policy and shall be provided any Notice of Cancellation of any of the required policies." The Certificate of Insurance shall be issued to Town of Jupiter, Attn: Amanda Z. Barnes, P.E., 17403 Central Boulevard, Jupiter, FL 33458. A thirty (30) day Notice of Cancellation is required and must be stated on the Certificate of Insurance. Certificates of Insurance (C01) shall be maintained current for the duration of the Contract. Contractor is responsible to provide Owner with updated COls during the course of the Contract. E. Workers' Compensation and Employer's Liability: Contractor shall purchase and maintain workers' compensation and employer's liability insurance. F. Commercial General Liability —Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against claims for: 1. damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees, 2. damages insured by reasonably available personal injury liability coverage, and 3. damages because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. G. Commercial General Liability —Form and Content: Contractor's commercial liability policy must be written on a 1996 (or later) Insurance Services Organization, Inc. (ISO) commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage. a. Such insurance must be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, including but not limited to coverage of Contractor's contractual indemnity obligations in Paragraph 7.18. 3. Severability of interests and no insured -versus -insured or cross -liability exclusions. 4. Underground, explosion, and collapse coverage. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright' 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 23 5. Personal injury coverage, with employment exclusion deleted. 6. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 2010 10 01 and CG 20 37 10 01 (together). If Contractor demonstrates to Owner that the specified ISO endorsements are not commercially available, then Contractor may satisfy this requirement by providing equivalent endorsements. 7. For design professional additional insureds, ISO Endorsement CG 20 32 07 04 "Additional Insured —Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. H. Commercial General Liability —Excluded Content: The commercial general liability insurance policy, including its coverages, endorsements, and incorporated provisions, must not include any of the following: 1. Any modification of the standard definition of "insured contract" (except to delete the railroad protective liability exclusion if Contractor is required to indemnify a railroad or others with respect to Work within 50 feet of railroad property). 2. Any exclusion for water intrusion or water damage. 3. Any provisions resulting in the erosion of insurance limits by defense costs other than those already incorporated in ISO form CG 00 01. 4. Any exclusion of coverage relating to earth subsidence or movement. 5. Any exclusion for the insured's vicarious liability, strict liability, or statutory liability (other than worker's compensation). 6. Any limitation or exclusion based on the nature of Contractor's work. 7. Any professional liability exclusion broader in effect than the most recent edition of ISO form CG 22 79. Commercial General Liability —Minimum Policy Limits Commercial General Liability Policy limits of not less than: General Aggregate $1,000,000 Products —Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Bodily Injury and Property Damage —Each Occurrence $1,000,000 J. Automobile Liability: Contractor shall purchase and maintain automobile liability insurance for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy must be written on an occurrence basis. Automobile Liability I Policy limits of not 1 less than: Bodily Injury Each Person $1,000,000 Each Accident S1.000.000 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 23 Automobile Liability Policy limits of not less than: Property Damage Each Accident $1,000,000 [or] Combined Single Limit Combined Single Limit (Bodily Injury and Property Damage) $N/A K. Contractor's Pollution Liability Insurance: Contractor shall purchase and maintain a policy covering third -party injury and property damage, including cleanup costs, as a result of pollution conditions arising from Contractor's operations and completed operations. This insurance must be maintained for no less than three years after final completion. Contractor's Pollution Liability Each Occurrence/Claim General Aggregate SC-6.04. Add the following sentence immediately before Paragraph 6.0.A Policy limits of not less than: $1,000,000 $1,000,000 If there is a Bid Item of Pay Item in the Bid Schedule of Values for Builder's Risk Insurance, then Contractor shall provide Builder's Risk Insurance as required by Article 6.04 of the General Conditions. If a Bid Item or Pay Item is not provided for in the Bid Schedule of Values (or addenda during Bidding) then Contractor is not required to provide Builder's Risk Insurance for this Contract. SC-6.04 Supplement Paragraph 6.04 of the General Conditions with the following provisions: F. Builder's Risk Requirements: The builder's risk insurance must: 1. be written on a builder's risk "all risk" policy form that at a minimum includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment stored and in transit, and must not exclude the coverage of the following risks: fire; windstorm; hail; flood; earthquake, volcanic activity, and other earth movement; lightning; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief, mechanical breakdown, boiler explosion, and artificially generated electric current; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; and water damage (other than that caused by flood). a. Such policy will include an exception that results in coverage for ensuing losses from physical damage or loss with respect to any defective workmanship, methods, design, or materials exclusions. b. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake, volcanic activity, and other earth EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 23 movement; or flood, are not commercially available under builder's risk policies, by endorsement or otherwise, such insurance will be provided through other insurance policies acceptable to Owner and Contractor. 2. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner -furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 3. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of contractors, engineers, and architects). 4. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). 5. extend to cover damage or loss to insured property while in transit. 6. allow for the waiver of the insurer's subrogation rights, as set forth in this Contract. 7. allow for partial occupancy or use by Owner by endorsement, and without cancellation or lapse of coverage. 8. include performance/hot testing and start-up, if applicable. 9. be maintained in effect until the Work is complete, as set forth in Paragraph 15.06.D of the General Conditions, or until written confirmation of Owner's procurement of property insurance following Substantial Completion, whichever occurs first. 10 include as named insureds the Owner, Contractor, Subcontractors (of every tier), and any other individuals or entities required by this Contract to be insured under such builder's risk policy. For purposes of Paragraphs 6.04, 6.05, and 6.06 of the General Conditions, and this and all other corresponding Supplementary Conditions, the parties required to be insured will be referred to collectively as "insureds." In addition to Owner, Contractor, and Subcontractors of every tier, include as insureds the following: a. No others for this Contract. 11. include, in addition to the Contract Price amount, the value of the following equipment and materials to be installed by the Contractor but furnished by the Owner or third parties: a. None for this Contract. SC-6.04 Supplement Paragraph 6.04 of the General Conditions with the following provisions: H. Builder's Risk and Other Property Insurance Deductibles: The purchaser of any required builder's risk, installation floater, or other property insurance will be responsible for costs not covered because of the application of a policy deductible. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright0 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 23 ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES 7.03 Labor, Working Hours SC-7.03.0 Amend the first and second sentences of Paragraph 7.03.0 to state "...all Work at the Site must be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday." SC-7.03.0 SC-7.03.0 SC-7.03.D Delete the third sentence in its entirety and insert the following sentences in its place. Contractor may request in writing, to Owner, to perform Work outside of regular working hours. Owner is not obligated to consent to Work occurring outside of regular working hours, if it is not in Owner's best interest. Add the following new subparagraphs immediately after Paragraph 7.03.C: 1. Regular working hours will be Monday through Friday, 7:00am — 5:00pm. Work requiring inspection shall be scheduled to occur Monday through Friday, between the hours of 8:00am — 3:30 pm. 2. Owner's legal holidays for the year 2020 are as follows: Wednesday, Jan. 1, 2020 Monday, Jan. 20, 2020 Monday, Feb. 17, 2020 Monday, May 25, 2020 Friday, July 3, 2020 Saturday, July 4, 2020 Monday, Sept. 7, 2020 Wednesday, Nov. 11, 2020 Thursday, Nov. 26, 2020 Friday, Nov. 27, 2020 Thursday, Dec. 24, 2020 Friday, Dec. 25, 2020 New Year's Day Martin Luther King Jr. Day President's Day Memorial Day Independence Day (Observed) Independence Day Labor Day Veteran's Day Thanksgiving Day Thanksgiving holiday Christmas Eve Day Christmas Day If the Contract Work is anticipated to go beyond 2020, Contractor shall anticipate observance of the same holidays (not the same dates) for future years. Add the following new paragraph immediately after Paragraph 7.03.C: D. Contractor shall be responsible for the cost of any overtime pay or other expense incurred by the Owner for Engineering services (including those of the Resident Project Representative, and geotechnical testing if any), Owner's representative, and construction observation services, occasioned by the performance of Work on Saturday, Sunday, any legal holiday, or as overtime on any regular work day. Contractor shall execute a deductive change order with Owner to reduce the Contract Value by the cost of the expenses incurred by Owner for overtime pay and Work outside of regular work hours. If Contractor does not sign such change order, or if the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under Article 15. 7.10 Taxes EJCDC° C-800, Supplementary Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 23 SC-7.10.E Add a new paragraph immediately after Paragraph 7.10.A: B. Owner is exempt from payment of sales and compensating use taxes of the State of Florida and of cities and counties thereof on all materials to be incorporated into the Work. Owner may exercise its rights to purchase materials to be incorporated into the Work of this Contract under the provisions governing the State of Florida's Sales and Use Tax Exemption for Owner furnished materials as follows: 1. Sales and Use Taxes. Owner is exempt from paying sales and use taxes on materials and equipment purchased for, and incorporated into this Public Works Contract (hereinafter the "Project") in accordance with Florida Statute 12A-1.094. The Owner shall make direct purchases of all materials and equipment purchased for, or to be incorporated into the Project, as agreed upon between the Contractor and the Owner. All direct purchases of materials and equipment shall be made by the Owner with funds specifically allocated for construction of the Project. Contractor shall provide Owner with a proposed deductive change order no later than 10 calendar days after request by Owner for materials and equipment to be purchased by the Owner for the Project. The proposed deductive change order shall include the costs of the materials to be purchased by the Owner including sales tax. The Town of Jupiter Purchase Order Standard Terms and Conditions, Certificate of Entitlement and Construction Contract Documents (plans and specifications) and requirements shall apply to work performed under this program. Each vendor/supplier of equipment under this Sales Tax Recovery Program shall be obligated to meet the requirements of the Town of Jupiter Construction Contract Documents and State Law (F.S. 12A- 1.094). 2. The Contractor shall: (a) compile Contractor's and any Subcontractors' itemized requirement for materials and equipment, including quantities, unit costs, manufacturers' or vendors' catalogue or order numbers, delivery instructions, and other specific information that is required to order the specific materials and equipment, and terms and conditions to be imposed on suppliers regarding delivery and submittal time requirements, and quantities thereof required by Contractor or Subcontractors in accordance with the applicable requirements of the Construction Contract, from time to time, during the construction of the Project, as materials and equipment need to be ordered for the Project, and submit such compilation to the Owner's designated representative: (b) prepare a requisition for such materials and equipment and (c) deliver any such requisition to the owner's designated representative no less than thirty (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 safes 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 EJCDC' C-800, Supplementary Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 23 vendor shall issue the invoice directly to the Owner. The owner shall make direct payment to the vendor. 3. 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. 4. The Owner shall assume all risk of loss on all materials and equipment purchased pursuant to its sales and use tax exemption. 5. 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. 6. 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 Contractoror 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. 7. 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 this Special Condition. The Contractor shall assure that each delivery of Owner Furnished Materials is accomplished by documentation adequate to identify the Purchase Order against which the purchase is made. This documentation may consist of a delivery ticket and an invoice from the vendor conforming to the Purchase Order, together with such additional information as the Owner may require. The Contractor shall deliver to the Owner's designated representative all invoices for materials and equipment upon verification by such Contractor that the materials and equipment conform exactly to the Contract Documents and the Purchase Order. Upon receipt of any invoice for Owner Furnished Materials, the Owner's designated representative shall deliver such invoice to the Owner for payment directly to the Vendor. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 23 8. The Contractor shall inspect all Owner Furnished Materials to determine that such Owner Furnished Materials conform to the Contract Documents, including the Drawings and the Specifications, and to determine prior to incorporation into the work whether such Owner Furnished Materials are patently defective, and whether such Owner Furnished Materials are identical to the materials ordered and match the description of the bill of lading and the Purchase Order. If Contractor discovers defective or non -conforming Owner Furnished Materials upon such visual inspection, Contractor shall: (a) not recommend acceptance of such non -conforming materials and equipment, (b) not utilize such non -conforming or defective materials in the work: (c) not allow Subcontractor to utilize such non -conforming or defective materials in the work; and (d) promptly notify the Owner's designated representative, in writing, of the defective or non -conforming condition so that repair or replacement of those Owner Furnished Materials can occur without any undue delay or interruption to the Project. In the event that such Contractor fails to perform such inspection or otherwise incorporates into the work such defective or non -conforming materials, the Contractor shall be responsible for the repair and replacement of defective or non -conforming materials, at its sole cost and expense. 9. The Contractor shall maintain records of all Owner Furnished Materials incorporated into the work from the stock of Owner Furnished Materials. The Contractor shall account monthly to the Owner's designated representative and Owner for any Owner Furnished Materials delivered to the site, indicating which Owner Furnished Materials have been incorporated into the work. 10. The Contractor shall be responsible for obtaining and managing all warranties and guarantees for all Owner Furnished Materials. All repair, maintenance or damage - repair calls shall be forwarded by the Owner to the Contractor for resolution with the appropriate vendor or Subcontractor through the warranty period. 11. After the Owner takes possession of the Owner Furnished Materials at the site, possession of the Owner shall immediately and automatically transfer to the Contractor without notice. The transfer of possession of Owner Furnished Materials from the Owner to the Contractor shall constitute a bailment for the mutual benefit of the Owner and such Contractor. The Owner shall be considered the bailor and the Contractor the bailee of the Owner Furnished materials. Owner Furnished Materials shall be considered returned to the Owner for purposes of their bailment at such time as they are incorporated into the Project or consumed in the process of completing the Project. 12. 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." 13. 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 EICDC® C-800, Supplementary Conditions of the Construction Contract. Copyright' 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 23 costs resulting from any delay in the delivery of, or defects in, the Owner Furnished Materials. 14. 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. 15. 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. 16. 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. 17. The Contractor is advised that the following list of equipment may be included under the sales and use tax exemption program for Owner furnished equipment. This list is provided to the Contractor for informational purposes only. The Owner reserves the right to revise the quantity of Owner furnished equipment by deleting equipment listed or including equipment not listed herein. Contractor may make suggestions to Owner as to other components of the project that may be Owner purchased under this proeram for this oroiect. • Well pump and motor EJCOC® C-800, Supplementary Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 23 Purchase Order Standard Terms and Conditions and a Certificate of Entitlement are provided as Exhibit A in at the end of these Supplemental Conditions. Both of these documents will be issued to the Vendor for procurement of materials and supplies to be incorporated into this Contract under the Sales and Use Tax Exemption Program. Contractor will also receive copies of the Certificate of Entitlement, and purchase order to vendor with purchase order standard terms and conditions. ARTICLE 8—OTHER WORK AT THE SITE No changes are made to the General Conditions for this Article. ARTICLE 9—OWNER'S RESPONSIBILITIES 9.13 Owner's Site Representative SC-9.13 Add the following new paragraph immediately after Paragraph 9.12 of the General Conditions: 9.13 Owner's Administration of Contract and Site Representative A. Owner will administer the Contract during construction. Owner will furnish an Engineer to manage the Contract and certify construction completion for close out of regulatory permits. Owner's Engineer is an employee of the Owner, not an Engineering consultant, or agent. Owner may at Owner's discretion refer to the Design Engineer for interpretation, input, and review of components during administration of the Contract. B. Owner will furnish the "Owner's Site Representative" to represent Owner at the Site and assist Owner in observing the progress and quality of the Work. The Owner's Site Representative will be an employee of Owner. Owner may at Owner's discretion request from Design Engineer assistance with furnishing a Site Representative to assist with construction observation and inspection. ARTICLE 10—ENGINEER'S STATUS DURING CONSTRUCTION 10.03 Resident Project Representative SC10.01.A.1 Add the following new subparagraph immediately after Paragraph 10.01.A: 1. On this Project, by agreement with the Owner, the Design Engineer will not serve as the Engineer during construction. Owner will furnish a project manager who will serve as the Engineer during construction. Owner's Engineer will have all authority as described in Article 10.04 of the General Conditions. Owner's Engineer may request assistance from the Design Engineer with items such as shop drawing reviews, interpretations and clarifications during construction, and to provide other input as requested by Owner at Owner's discretion. SC-10.03.A Add the following new subparagraph immediately after Paragraph 10.03.A: 1. On this Project, by agreement with the Owner, the Engineer will not furnish a Resident Project Representative to represent Engineer at the Site or assist Engineer in observing the progress and quality of the Work. Owner will furnish the Resident Project Representative for this project. E1CDC1 C-800, Supplementary Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1S of 23 SC-10.03.0 Add the following new paragraphs immediately after Paragraph 10.03.13: C. The Resident Project Representative (RPR) will be Owner's representative at the Site. RPR's dealings in matters pertaining to the Work in general will be with the Owner's Engineer and Contractor. RPR's dealings with Subcontractors will only be through or with the full knowledge or approval of Contractor. The RPR will: 1. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project -related meetings (but not including Contractor's safety meetings), and as appropriate prepare and circulate copies of minutes thereof. 2. Safety Compliance: Comply with Site safety programs, as they apply to RPR, and if required to do so by such safety programs, receive safety training specifically related to RPR's own personal safety while at the Site. 3. Liaison a. Serve as Owner's liaison with Contractor. Working principally through Contractor's authorized representative or designee; assist in providing information regarding the provisions and intent of the Contract Documents. b. Serve as Owner's liaison with Contractor when Contractor's operations affect Owner's on -Site operations. c. Assist in obtaining from Owner additional details or information, when required for Contractor's proper execution of the Work. 4. Review of Work; Defective Work a. Conduct on -Site observations of the Work to assist Owner's Engineer in determining, to the extent set forth in Paragraph 10.02, if the Work is in general proceeding in accordance with the Contract Documents. b. Observe whether any Work in place appears to be defective. c. Observe whether any Work in place should be uncovered for observation, or requires special testing, inspection or approval. S. Inspections and Tests a. Observe Contractor -arranged inspections required by Laws and Regulations, including but not limited to those performed by public or other agencies having jurisdiction over the Work. b. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work. 6. Payment Requests: Review Applications for Payment with Contractor. 7. Completion a. Participate in Owner Engineer's visits regarding Substantial Completion. b. Assist in the preparation of a punch list of items to be completed or corrected. E1CDC' C-800, Supplementary Conditions of the Construction Contract. Copyrightm 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 23 c. Participate in Owner Engineer's visit to the Site in the company of Contractor regarding completion of the Work, and prepare a final punch list of items to be completed or corrected by Contractor. d. Observe whether items on the final punch list have been completed or corrected. D. The RPR will not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Contract Documents. 3. Undertake, any of the responsibilities of Contractor, Subcontractors, or Suppliers. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction. 5 Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off -site by others except as specifically authorized by Owner's Engineer. 7. Authorize Owner to occupy the Project in whole or in part. ARTICLE 11—CHANGES TO THE CONTRACT No changes are made to the General Conditions for this Article. ARTICLE 12--CLAIMS No changes are made to the General Conditions for this Article. ARTICLE 13—COST OF WORK; ALLOWANCES, UNIT PRICE WORK 13.01 Cost of the Work SC-13.01 Supplement Paragraph 13.01.13.5.c.(2) by adding the following sentence: The equipment rental rate book that governs the included costs for the rental of machinery and equipment owned by Contractor (or a related entity) under the Cost of the Work provisions of this Contract is the most current edition of Rental Rate Blue Book for Construction Equipment. SC-13.01 Supplement Paragraph 13.01.C.2 by adding the following definition of small tools and hand tools: a. For purposes of this paragraph, "small tools and hand tools" means any tool or equipment whose current price if it were purchased new at retail would be less than $500. E1CDC1 C-800, Supplementary Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 23 13.03 Unit Price Work SC-13.03 Delete Paragraph 13.03.E in its entirety and insert the following in its place: ARTICLE 1--E. Adjustments in Unit Price 1. Unit prices shall remain firm for the duration of the Contract. No changes in unit price shall be permitted. ARTICLE 2—TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 14.05.E Delete Paragraph 14.05.8 in its entirety and insert the following in its place: B. If any Work is covered contrary to the written request of Engineer, or requirements of the Contract Documents, including Drawings and Specifications, then Contractor shall, if requested by Engineer, uncover such Work for Engineer's observation, and then replace the covering, all at the Contractor's expense. ARTICLE 3—PAYMENTS TO CONTRACTOR, SET OFFS; COMPLETIONS; CORRECTION PERIOD 15.01 Progress Payments SC-15.01 Add the following sentences immediately before Paragraph 15.01 as follows: All references to the term Engineer in Article 15 shall refer to Owner's Engineer, who is administering the Contract, serving as Owner's project manager, and serving as Engineer during construction. SC-15.01.C.1 Amend the language of Paragraph 15.01.C.1 to read as follows: 1. Owner will, within 14 days, after receipt of each Application for Payment from Contractor, including each resubmittal, either indicate in writing to Contractor that Owner agrees with the recommendation for payment and payment will be made, or return the Application to Contractor indicating in writing the reasons for Owner's refusal to recommend payment. In the latter case, Contractor shall make the necessary corrections and resubmit the Application. SC-15.01.D.1 Amend the language of Paragraph 15.01.D.1 to read as follows: 1. Thirty (30) days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended (subject to any Owner set offs) will become due, and when due will be paid by Owner to Contractor. 15.03 Substantial Completion SC-15.03 Add the following new subparagraph to Paragraph 15.03.B: 1. If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re -inspection or re -testing by Engineer, the cost of such re - inspection or re -testing, including the cost of time, travel and living expenses, will be paid by Contractor to Owner. If Contractor does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under this Article 15. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyrightm 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 23 ARTICLE 4—SUSPENSION OF WORK AND TERMINATION No changes are made to the General Conditions for this Article. ARTICLE 5—FINAL RESOLUTIONS OF DISPUTES No changes are made to the General Conditions for this Article. ARTICLE 6—MISCELLANEOUS No changes are made to the General Conditions for this Article. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 23 EXHIBIT A— FORMS ASSOCIATED WITH SALES AND USE TAX EXEMPTION PROGRAM FOR PROCUREMENT OF MATERIALS, BY OWNER, TO BE INCORPORATED INTO THIS PROJECT PURCHASE ORDER STANDARD TERMS AND CONDITIONS FOR TOWN OF JUPITER UTILITIES 1) Purchase Order number must show on all invoices, shipments, correspondence, and any other documents related to the purchase order. 2) Invoices shall be submitted in triplicate. If a partial shipment is made, so state this on the invoice. Also state whether the invoice is final or complete. 3) This purchase order is subject to the approval of 6 copies of submitted data prior to fabrication and shipment. 4) Vendor's final invoice will not be honored until receipt of 3 final copies of operation and maintenance instructions, the Contract Documents, spare parts lists, and record drawings, if applicable. 5) All material and equipment furnished hereunder shall be in strict compliance with plans, specifications, and general conditions of the Contract between (Contractor) and (Purchaser) the Town of Jupiter Utilities (Owner) entitled " " (name of contractor) and / or with any other contractor, in connection with the job forwhich these items are furnished, and vendor shall be bound thereby in the performance of this contract. Vendor expressly warrants that all material and equipment covered by this purchase order shall produce capacities or meet design specifications and function as called for in the applicable plans and specifications, or as set forth in the text of this order. 6) All material and equipment contemplated under this order shall be subject to the approval of the Purchaser and the Owner, and / or his Architects, Engineers, or other parties designated by the Owner. All materials and equipment, actually furnished under this order, shall be subject to Purchaser's inspection and testing to determine compliance with the requirements of this order. Vendor shall furnish the indicated number of submittal data or samples for said approval. 7) Owner shall issue to Vendor and Contractor with this purchase order a completed and signed Certificate of Entitlement. A copy of Owner's Florida Consumer's Certificate of Exemption shall accompany the purchase order issued directly to the Vendor. 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. Exhibit A —Forms for Sales and Use Tax Exemption Program for Procurement of Materials by Owner Page 20 of 23 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 ofmaterials 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 valid and binding contract which shall be governed by and construed according to the laws of the State of Florida. All prior options, conversations, or preliminary negotiations shall be deemed to be merged in this order. 15) The above conditions and conditions printed or typed on front of side of this order, can only be changed by written authorization of the Contractor and the Owner, and are not to be abridged by any terms or conditions of sale printed on Vendor's quotation, acknowledgement, invoice, or other like form. The terms and conditions contained in this order shall be binding upon Vendor unless it objects in writing within 10 days of receipt this order. 16) All purchases are F.O.B. destination, freight prepaid by Seller unless otherwise stated on the Purchase Order. Collect shipments will not be accepted. 17) Calculations for invoice payment will be calculated from date Town receives the invoice. 18) Title of goods shall pass to Buyer upon acceptance. 19) Seller shall comply with the Fair Labor Standards Act and Equal Employment Opportunity Provisions of Executive Orders. 20) Seller is expressly prohibited from delegating its duties and obligations or transferring or assigning its rights hereunder without the prior written approval of Buyer. Exhibit A —Forms for Sales and Use Tax Exemption Program for Procurement of Materials by Owner Page 21 of 23 21) If items purchased are classified as toxic or hazardous substances under Chapter403, Florida Statutes, Seller must submit copies of the Material Safety Data Sheet IMSOSI for each substance to the Town of Jupiter's Risk Management Coordinator, 210 Military Trail, Jupiter, Florida 33458 and to the delivery location at time of shipment. Products must be identified and labeled in accordance with OSHA standards. Failure to comply with these requirements will result in delay of payment until compliance is affected. 22) This purchase Order shall be governed and construed according to the laws of the State of Florida. 23) EXCISE AND SALES TAXES: The prices herein should not include any Federal excise taxes or sales taxes imposed by any State or Municipal Government. Such taxes, if included, must be deducted by the vendor when submitting claim for payment. 24) Non -Appropriation of Funds: it is understood that Town funds are contingent upon the availability of lawful appropriations by the Town Council. Subject to the applicable provisions of the Town Charter, the Town represents: that it has adequate funds to meet its obligations under this order for the full price set forth herein; and that it has no reason to believe that it will not have sufficient funds to enable it to make all payments due hereunder during such contract period. However, if the Town Council fails at any time during such contract period(s) to continue funding for any purchase order awarded, the Towns obligations under such contract(s) are terminated as of the date that the funding expires without further obligation to the Town. Exhibit A —Forms for Sales and Use Tax Exemption Program for Procurement of Materials by Owner Page 22 of 23 CERTIFICATE OF ENTITLEMENT The undersigned authorized representative of (hereinafter "Governmental Entity"), Florida Consumer's Certificate of Exemption Number , affirms that the tangible personal property purchased pursuant to Purchase Order Number from (Vendor) on or after (date) will be incorporated into or become a part of a public facility as part of a public works contract pursuant to contract # with (Name of Contractor) for the construction of Governmental Entity affirms that the purchase of the tangible personal property contained in the attached Purchase Order meets the following exemption requirements contained in Section 212.08(6), F.S., and Rule 12A-1.094, F.A.C.: You must initial each of the following requirements. 1. The attached Purchase Order is issued directly to the vendor supplying the tangible personal property the Contractor will use in the identified public works. 2. The vendor's invoice will be issued directly to Governmental Entity. 3. Payment of the vendor's invoice will be made directly by Governmental Entity to the vendor from public funds. 4. Governmental Entity will take title to the tangible personal property from the vendor at the time of purchase or of delivery by the vendor. 5. Governmental Entity assumes the risk of damage or loss at the time of purchase or delivery by the vendor. Governmental Entity affirms that if the tangible personal property identified in the attached Purchase Order does not qualify for the exemption provided in Section 212.08(6), F.S., and Rule 12A-1.094, F.A.C., Governmental Entity will be subject to the tax, interest, and penalties due on the tangible personal property purchased. If the Florida Department of Revenue determines that the tangible personal property purchased tax-exempt by issuing this Certificate does not qualify for the exemption, Governmental Entity will be liable for any tax, penalty, and interest determined to be due. understand that if I fraudulently issue this certificate to evade the payment of sales tax I will be liable for payment of the sales tax plus a penalty of 200% of the tax and may be subject to conviction of a third degree felony. Under the penalties of perjury, I declare that I have read the foregoing Certificate of Entitlement and the facts stated in it are true. 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. Exhibit A —Forms for Sales and Use Tax Exemption Program for Procurement of Materials by Owner Page 23 of 23 SECTION 01010 (REVISED ADDENDUM 6) SUMMARY OF WORK PARTI GENERAL 1.01 WORK COVERED BY CONTRACT DOCUMENTS A. The purpose and intent of this Contract is to establish a unit prices for the provision of labor, equipment and materials necessary to investigate, rehabilitate and/or maintain Upper Floridan Aquifer (UFA) production wells for the Town of Jupiter (OWNER), located in Jupiter, Florida. CONTRACTOR shall be prepared to provide crews and equipment to respond to non -emergency and emergency work as well as hurricane and natural disaster related events B. The Bid Schedule of Values is inclusive of various tasks expected to be implemented under this Contract and represents a menu of options from which the OWNER may select to complete well rehabilitation, investigation and/or maintenance. The CONTRACTOR shall prepare a proposal to accomplish a requested scope of work. Upon approval, the OWNER will provide the CONTRACTOR with authorization to proceed in writing by issuance of a work order. C. For all non -emergency work orders, the CONTRACTOR will be required to submit a materials list with quantities, including restoration, with pricing from rom at least two different vendors for those items not included in the Bid Schedule of Values for the OWNER's consideration. The OWNER may direct purchase the materials under the Sales Tax and Use Program (described in the Supplemental Conditions) or ask the CONTRACTOR to purchase materials allowing a fifteen percent (15%) mark up on material pricing. CONTRACTOR shall also provide pricing for any subcontracted work as required to complete the Work. The allowable mark up on sub- contractor pricing will be five percent (5%). If OWNER is to direct purchase materials under the Sales Tax and Use Program, CONTRACTOR shall provide the OWNER with the materials list and quantities, coordinate with vendor for ordering, and delivery of materials, and haul the materials as needed to the iob site. D. For emeraencv work orders the CONTRACTOR will be reauired to submit an estimated material list with quantities and pricing, to the extent practical including restoration for the OWNER's for approval. The CONTRACTOR will be responsible for the purchase of the materials, material delivery, schedule and all coordination with the vendor in emergency repair situations. Allowable CONTRACTOR mark up on materials is fifteen percent (15%) and on subcontracted work is five percent (5%). W1957 (REVISED ADDENDUM 6) Summary of Work 01010 - 1 E. For hurricane or natural disaster related response, the CONTRACTOR will be required to submit a Letter of Commitment (LOC) to the OWNER within fourteen (14) days of the date of the Notice to Proceed. The LOC shall detail the CONTRACTOR's ability to be available on an as -needed, on -call basis for hurricane or natural disaster events alonq with emergency labor and equipment rates. The LOC and emergency response activities shall be for work related to hurricane or natural disaster preparations prior to the event and/or recovery activities immediately following the event that are outside of and in addition to Contract Work. The OWNER will be responsible for costs incurred by the CONTRACTOR for hurricane or natural disaster response and will be paid at the labor and equipment rates provided in the LOC. F. The work described in these specifications is for investigation, rehabilitation and/or maintenance of the OWNER's UFA production wells. The OWNER may elect to complete work on some or all of the wells as the OWNER sees fit. The CONTRACTOR shall perform all work in accordance with specification sections provided in the Contract. Examples of expected work scopes for wells are described below. The actual work scope may vary; this is only provided to give insight to the nature of the anticipated work. Geophysical Logging Investigation: removal of portions of the existing wellhead; removal of the drop pipe, and appurtenances; well kill(s) as required; down -hole video and geophysical logging under static and flowing conditions; reinstallation of the pump, drop pipe, wellhead ready for service; well facility disinfection, purging and bacteriological clearance; demobilization and restoration of well site • Plumbness and Alignment (P&A) Testing: removal of portions of the existing wellhead; removal of the drop pipe, and appurtenances; well kill(s) as required; P&A testing; reinstallation of the pump, drop pipe, wellhead ready for service; well facility disinfection, purging and bacteriological clearance; demobilization and restoration of well site Well Rehabilitation: removal of portions of the existing wellhead; removal of the drop pipe, and appurtenances; well kill(s) as required; acid treatment of the completion interval; removal and treatment of the residual spent acid water; purging of the well, flow testing, formation water treatment and disposal system (including temporary piping and pumps); reinstallation of the pump, drop pipe, wellhead ready for service; well facility disinfection, purging and bacteriological clearance; demobilization and restoration of well sites; and completion of all required work to the extent the well facility is returned to service and accepted by the OWNER. W1957 (REVISED ADDENDUM 6) Summary of Work 01010 - 2 • Discharge Pipe Modification: removal of portions of the existing stainless steel (SS) discharge pipe; fabricate and weld 6-inch SS, flanged, blow -off to existing discharge pipe; reinstallation of piping; well piping disinfection; bacteriological clearance; demobilization Miscellaneous Maintenance and Repair: removal of portions of wellhead or well piping to replace gaskets; SS pipe repair, cleaning, modification, etc.; removal of centrifugal pump and motor In performing the scope(s) of work, the CONTRACTOR shall furnish all labor, materials, transportation, tools, supplies, equipment and necessary appurtenances to complete the investigation, rehabilitation and/or maintenance work at each wellsite to the satisfaction of the OWNER as specified in the Contract G. The following, existing UFA production wells are recommended for rehabilitation and /or investigation: Well ID Casing Casing Casing Open Hole Pump Expected Work Material Diameter (in) Depth (ft) Depth (ft) Type Scope(s) Geophysical and RO-2 FRP 16 1032 1673 Centrifugal Video Logging Geophysical and RO-3 FRP 16 1017 1615 Centrifugal Video Logging Geophysical and Video Logging FRP 12 1024 P&A Testing RO-5 SS 8 1451 1665 Centrifugal Discharge Pipe Mod 16 100 RO-9 PVC 12 1235 1520 Centrifugal P&A Testing 16 100 RO-10 PVC 12 17.4 1224 1170 1617 Centrifugal Well Rehabilitation RO-12 PVC 1411 Centrifugal P&A Testing ROA3 PVC 17.4 1145 1355 Centrifugal P&A Testing Well construction depths indicated are approximate. CONTRACTOR is to verify depths as needed to perform work. The wells identified for investigation, rehabilitation and/or maintenance may be altered or changed during the course of the contract based upon the needs of the OWNER. The OWNER does not guarantee a minimum or maximum amount of work. Construction details on the remaining OWNER UFA production wells are provided in Table 1 of the Appendix. H. Well water generated during work activities shall be discharged to the CONTRACTOR'S formation water treatment and disposal system as W1957 (REVISED ADDENDUM 6) Summary of Work 01010 - 3 required to meet discharge water quality requirements detailed in the Contract. Treated well water shall then be discharged to a receiving water body or storm drain nearest to each well site. Settling and treatment of formation water to be discharged is the CONTRACTOR'S responsibility and shall be in accordance with all applicable regulations and Section 02785. Following completion of work activities, the CONTRACTOR shall reinstall the pump, column pipe, wellhead, well piping, appurtenances, etc. to the extent the well is ready for service by the OWNER. CONTRACTOR shall perform disinfection and bacteriological testing as required for well and well piping clearance. Substantial completion shall be defined as work completed to the extent that the OWNER has operational use of the well. The CONTRACTOR will be allowed only one (1) well out of service for work at a time. The OWNER shall determine the sequence of wells to be completed based on operational constraints. K. The OWNER reserves the right to add to the work in accordance with the Contract Documents. 1.02 WORK BY OTHERS A. The CONTRACTOR shall yield to operations at the water treatment plant at all times and not interfere in any way with operations or personnel. The CONTRACTOR shall comply and adhere to all security requirements including but not limited to background checks and issuance of security badges. Access to the well site and work areas shall be limited to the areas shown on the project drawings and as discussed in the pre -construction meeting(s). B. The CONTRACTOR shall document conditions of the work areas prior to mobilization. Works areas should include access point(s) to the C-18 canal (the OWNER's Riverbend Re -pump Station and SFWMD access gates); the C-18 canal ROW; SIRWCD ROW and canal; and the OWNER's well sites. Requirements for the pre -construction video are outlined in Section 01300. C. Perimeter fencing must be secured at all times including but not limited to the installation of temporary construction fencing prior to the removal of the OWNER'S existing perimeter and security fencing required for construction. CONTRACTOR must submit a plan outlining the installation and removal of fencing for approval by OWNER prior to mobilization. D. The OWNER and/or the OWNER'S representative reserves the right to, throughout the construction process, perform onsite inspections of the CONTRACTOR and construction process. Documentation of work may include, but not be limited to, detailed documentation of daily work W1957 (REVISED ADDENDUM 6) Summary of Work 01010 - 4 performed by the CONTRACTOR, and photographs and/or videos of critical phases of well construction, development, and testing. 1.03 TIME OF WORK A. The OWNER will notify the CONTRACTOR when investigation rehabilitation and/or maintenance of UFA production wells is required The CONTRACTOR shall be prepared to conduct a site visit as needed_ prepare and submit a detailed scope of work provide adequate notice prior to scheduling the work and mobilize to the site and be actively performing the scope of work according to the time frames provided below. For non -emergency work orders CONTRACTOR shall be prepared to meet with the OWNER and/or conduct site visit(s) within five (5) working days of receiving a request from the OWNER for the purpose of determining factors that may affect the scope of work. Within ten (10) working days of the meeting, CONTRACTOR shall provide OWNER with a detailed scope of work, detailed cost estimate (including labor, equipment and materials) with supporting documentation, and a schedule for the work OWNER will provide comments or approval for the proposal within five (5) working days of receipt from CONTRACTOR. OWNER will provide CONTRACTOR with a Work Order Authorization and associated purchase order within ten (10) working days of OWNER's approval of proposal. The CONTRACTOR shall notify the OWNER at least five (5) working days prior to mobilizing to the site to complete the work. Upon mobilization The CONTRACTOR shall be diligent in completing the specified tasks and shall not discontinue work on the specified well. Delays shall be communicated in advance and work scope and schedule revised as needed and approved by the OWNER For emergency work orders, the CONTRACTOR shall meet with the OWNER the same day that they are notified of an emergency repair. Within twenty-four (24) hours, the CONTRACTOR shall provide an estimated labor, materials and equipment list for the OWNER's approval The OWNER will issue an emergency Work Order authorization and purchase order. Upon the OWNER's approval the CONTRACTOR shall mobilize to the site within twenty-four (24) hours or to the extent practical to begin repair activities. As the emergencv work progresses the CONTRACTOR shall revise and update the scope of work as needed for the OWNER's review and approval. For hurricane and natural disaster related events the OWNER will notify the CONTRACTOR if their emergency response services as detailed in their LOC, are required to assist the OWNER in preparation for or recovery from a hurricane or natural disaster. The CONTRACTOR shall be prepared to stage equipment at the OWNER's facilities prior to an event and respond to the OWNER's facilities immediately following an event The OWNER will be responsible for costs incurred by the CONTRACTOR for hurricane or W1957 (REVISED ADDENDUM 6) Summary of Work 01010 - 5 natural disaster response not related to Contract Work and will be paid at the labor and equipment rates provided in the LOC. E. CONTRACTOR is expected to work between the hours of 07:00 hr. and 17:00 hr. EST, Monday through Friday. All work requiring inspections or OWNER coordination shall occur between 08:00 hr. and 15:30 hr. EST. Requests for approval to work on Saturdays, Sundays, or federal holidays observed by the OWNER must be submitted by the CONTRACTOR in writing to the OWNER and subsequently approved by the OWNER in writing at least 48 hours in advance of the period proposed for work outside of the normal work hours stated above. The CONTRACTOR's written submittal shall also set forth the proposed schedule for the overtime work in order to give the OWNER ample time to arrange for his personnel to be at the site of the Work if necessary. The CONTRACTOR shall pay for all engineering services and other additional expenses incurred for approved project work outside of the normal work hours. Such expenses shall be a subsidiary obligation of the CONTRACTOR, and no extra payment shall be made by the OWNER on account of such overtime work. The CONTRACTOR shall not violate any local noise ordinances. 1.04 CONTRACTOR USE OF PROJECT SITE A. The CONTRACTOR's use of the project site shall be limited to his construction operations for this project only, including on -site storage of materials. B. Each well site is located in an area with adequate access. The CONTRACTOR shall use the designated access location for each well site. The CONTRACTOR is assumed to have viewed the well sites before submitting a bid. Specific work tasks requiring additional laydown area for materials and/or equipment will be agreed upon by the OWNER and CONTRACTOR prior to any notice to proceed. C. During the period of the contract, the CONTRACTOR will protect all well appurtenances removed by the CONTRACTOR; protect all remaining improvements; and protect any equipment loaned to the CONTRACTOR. Additionally, the CONTRACTOR shall secure any well within hisiher scope of work and prevent unauthorized access at all times. When the CONTRACTOR is off site, the wellhead shall be sealed and watertight. Temporary wellhead seals shall be bolted in place and inaccessible to unauthorized entry into the well. D. The CONTRACTOR will advise the OWNER of any device or appurtenances known by the CONTRACTOR to be broken or unstable upon discovery. The CONTRACTOR shall replace, at the CONTRACTOR'S expense, items that are damaged, broken, or rendered unusable as a result of actions by the CONTRACTOR. W1957 (REVISED ADDENDUM 6) Summary of Work 01010 - 6 The CONTRACTOR shall take special precautions to reduce to a minimum the nuisances and damage to property which could result from working in a residential area and adjacent to a road or right of way. Any damage to public or private property shall be immediately repaired or paid for by the CONTRACTOR at no expense to the OWNER. During the period of the contract, the CONTRACTOR will protect all well appurtenances removed by the CONTRACTOR; protect all remaining improvements; and protect any equipment loaned to the CONTRACTOR by the OWNER. If the CONTRACTOR becomes aware of any faulty or damaged OWNER equipment, he/she shall notify the OWNER immediately. 1.05 PERMITTING A. The CONTRACTOR shall obtain, keep current and pay all fees for any necessary construction permits from those authorities, agencies, or municipalities having jurisdiction, over land areas, utilities, or structures which are located within the Contract limits and which will be occupied, encountered, used, or temporarily interrupted by the CONTRACTOR's operations unless otherwise stated. Record copies of all permits and approved drawings shall be furnished to the OWNER by the CONTRACTOR. B. When construction permits are accompanied by regulations or requirements issued by a particular authority, agency or municipality, it shall be the CONTRACTOR's responsibility to familiarize himself and comply with such regulations or requirements as they apply to his operations on this Project. C. The CONTRACTOR shall provide any required Performance and Payment Bond(s). D. The CONTRACTOR shall obtain and pay for all other permits required to complete all work under this Contract including but not limited to: South Florida Water Management District (SFWMD) Right of Way (ROW) permit and SFWMD gate key — required for wells located in the vicinity of the C-18 Canal ROW. E. As a courtesy to the CONTRACTOR, the OWNER will apply for and pay fees associated with permit(s) from Florida Department of Environmental Protection (FDEP) and/or Palm Beach County, as required, for discharge of well water generated from work activities. The CONTRACTOR will be required to adhere to permit conditions. W1957 (REVISED ADDENDUM 6) Summary of Work 01010 - 7 1.06 HURRICANE PREPAREDNESS PLAN The CONTRACTOR shall submit to the OWNER a Hurricane Preparedness Plan specific to this project. The plan should outline the necessary measures which the CONTRACTOR proposes to perform at no additional cost to the OWNER in case of a hurricane or severe weather warning. The Plan shall also include CONTRACTOR's Letter of Commitment (LOC) to assist with hurricane or natural disaster related recovery. The LOC shall detail the CONTRACTOR's ability to be available on an as -needed, on -call basis for hurricane or natural disaster events along with emergency labor and equipment rates Requirements are outlined in Section 1300. 1.07 ELECTRICAL WORK The CONTRACTOR shall coordinate with the OWNER for all electrical work in advance so the OWNER has sufficient time to schedule its licensed electrical staff accordingly. The OWNi=R shall be responsible for lock -out of well equipment and well site disconnect. The OWNER shall be responsible to restore power to the wellsite when the CONTRACTOR has completed work. In the event that the OWNER's electrical staff is unavailable, the CONTRACTOR shall provide a qualified electrician licensed in the State of Florida to perform all well electrical work. Licensed Electrician Services is included as a bid item on the Bid Schedule of Values for CONTRACTOR provided electrical labor. This bid item is also described in Section 01025 Measurement and Payment. 1.08 CERTIFICATION OF CHEMICALS All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer reactant or of other classification, must show approval of the Environmental Protection Agency (EPA), American Water Works Association (AWWA), US Department of Agriculture (USDA) and National Science Foundation (NSF). Use of all chemicals and disposal of residues shall be in strict conformance to applicable regulations, codes, laws, and ordinances. 1.09 PURCHASING OF PARTS AND EQUIPMENT A. The OWNER may request the CONTRACTOR to purchase parts and/or equipment for certain wells as needed. CONTRACTOR shall purchase and deliver equipment to the well site for the OWNER at cost in accordance with Article 12-Change of Contract Price, Change of Contract Time in the General Conditions. OWNER will require original vendor receipts for all W1957 (REVISED ADDENDUM 6) Summary of Work 01010 - 8 items purchased. The OWNER may require that the CONTRACTOR provide up to three prices from different vendors. B. All equipment, materials, instruments, or devices incorporated in this project shall be new and unused, unless indicated otherwise in the Contract Documents and shall be the products of reliable manufacturers who, unless otherwise specified, have been regularly engaged in the manufacture of such material and equipment for at least five years. PART II PRODUCTS (NOT USED) PART III EXECUTION (NOT USED) � ,7,1 U' END OF SECTION W1957 (REVISED ADDENDUM 6) Summary of Work 01010-9 SECTION 01025 (REVISED ADDENDUM NO.3) MEASUREMENT AND PAYMENT PARTI GENERAL 1.01 GENERAL REQUIREMENTS A. Payments to the CONTRACTOR shall be made on the basis of the Contract bid items as full and complete payment for furnishing all materials, labor, tools, and equipment and for performing all operations necessary to complete the Work included in the Contract Documents. Such compensation shall also include payments for any loss or damages arising directly or indirectly from the Work, from any discrepancies between the actual quantities of work and those shown in the Contract Documents, or from any unforeseen difficulties which may be encountered during execution of the Work until the final acceptance by the Town of Jupiter (OWNER). B. The prices stated in the proposal include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, and labor for handling materials during inspection, together with any and all other costs and expenses for performing and completing the Work as shown on the plans and specified herein. The Basis of Payment for an item at the price shown in the Proposal shall be in accordance with its description of the item in this Section and as related to the Work specified and as shown on the Drawings. The unit prices stated in the Contract shall be considered payment in Full for the completion of all work. Payment shall be made under each item only for work as it is not specifically included under other items. C. The CONTRACTOR's attention is called to the fact that the quotations for the various items of Work are intended to establish a total price for completing the Work in its entirety. Should the CONTRACTOR feel that the cost of any item of Work has not been established by the Schedule of Values or Measure and Payment, he shall include the cost for that Work in the other Bid Items so that his proposal for the project does reflect his total price for completing the Work in its entirety. D. The CONTRACTOR shall furnish all labor, equipment and material required to complete the investigation, rehabilitation and/or maintenance of Upper Florida Aquifer (UFA) wells for the OWNER, and return each well to full continuous service following completion of work at each well. Addendum No. 3 W1957 Measurement and Payment 01025 - 1 E. The OWNER's system includes twelve (12) UFA wells, and construction details are provided in Table 1 of the Appendix. The anticipated wells currently recommended and prioritized for inspection, rehabilitation and/or maintenance tasks include RO-2, RO-3, RO-5, RO-9, RO-10, RO-12, and RO-13. This list is for estimating purposes and may be altered based on conditions encountered during completion of individual wells and/or depending on the needs of the OWNER. F. Prior to initiation of work at a wellsite, the CONTRACTOR shall submit a proposed scope of work to the OWNER for review and approval. The scope of work must include a detailed description of work to be performed corresponding to items listed by Task in the Bid Schedule of Values. Upon receipt and approval, the OWNER will issue a work authorization to CONTRACTOR to begin work at a wellsite. If deviations from this scope of work must occur, the CONTRACTOR shall submit a revised proposal with changes clearly outlined prior to the commencement of additional work. G. On a daily basis, the CONTRACTOR shall complete the Daily Work Log Form and submit a copy to the OWNER and the HYDROGEOLOGIST at the end of each work week. A copy of this Form can be found in the Appendix. When performing development work, an additional Daily Development Log shall be completed on a daily basis and submitted to the OWNER and HYDROGEOLOGIST on a weekly basis in conjunction with the Daily Work Log Form. Any pay application submitted with incomplete daily logs will be automatically reiected. ►RT II PRODUCTS )T USED ,RT III EXECUTION 3.01 PAYMENT ITEMS A. ITEM NO. 1 — GENERAL CONDITIONS IF This pay item shall include the costs to comply with all elements of the General Conditions of the Contract, including but not limited to: record 00 keeping, safety, permitting, project management, progress meetings and all other costs necessary to the job. Bidder shall indicate the percentage (%) to be applied to this Pay Item on the Bid Form. A maximum of ten percent (10%) of the TOTAL BID PRICE is allowable. Payment will be made at the Line Item Lump Sum price based upon the percentage of the work completed, and approved by the OWNER. For each Work Addendum No. 3 W 1957 Measurement and Payment 01025 - 2 Authorization, the line item amount. billed shall be consistent with percentage indicated on the Bid Form and no more than " 10% of the total work authorization. Once the total line item amount indicated on the Bid Form has been authorized or paid, no additional general conditions shall be included in any subsequent Work Authorizations. Measurement and payment will be based on the percentage of work completed and accepted by OWNER. B. ITEM NO. 2 — MOBILIZATION/DEMOBILIZATION The work included in this Pay Item consists of preparatory work, finish work, mobilizing and demobilizing for beginning and ending work, including, but not limited to, those operations necessary for the movement of personnel, equipment, supplies and incidentals to and from the project site and for the establishment/de-establishment of the temporary provisions and state and local laws and regulations including pre - construction video, sanitary facilities and. any other pre or post construction expense necessary for starting or completing the work. Bidder shall indicate the percentage (%) to be applied to this Pay Item on the Bid Form. A maximum of eight percent (8%) of the TOTAL BID PRICE is allowable. For each Work Authorization, the line item amount billed shall be consistent with the percentage indicated on the bid form and no more than 8% of the total work authorization. Once the total line item amount indicated on the Bid Form has been authorized or paid, no additional mobilization/demobilization shall be included in any subsequent Work Authorizations. Measurement and payment will be based on the percentage of work completed and accepted by OWNER. C. ITEM NO. 3 — BONDS AND INSURANCE This pay item shall include the actual costs of required and acceptable bonds and insurance for the project in place for the initial contract term. Bonds and insurance shall be paid in full at the Line Item Lump Sum Price as listed on the Bid Schedule of Values completed and accepted by the OWNER. Payment for this item shall be made on the first Application for Payment. CONTRACTOR shall provide OWNER with Certificates of Insurance and Bonds, including written documentation of actual costs, during the CONTRACT execution process. Bonds and insurance shall not exceed three percent (3%) of the Contract Value. Addendum No. 3 W1957 Measurement and Payment 01025 - 3 D. ITEM NO. 4 — IDEMINIFICATION In recognition of CONTRACTOR'S indemnification obligations, the OWNER will pay to the CONTRACTOR a one-time Indemnification payment in the amount of one hundred dollars ($100.00). Payment shall be made with the first Application for Payment for the Line Item Lump Sum Price as listed on the Bid Schedule of Values. The CONTRACTOR shall acknowledge payment of this consideration by letter to the OWNER after receipt of the progress payment. E. ITEM NO. 5 — COMPLETE REMOVAL AND REINSTALLATION OF WELLHEAD The CONTRACTOR shall remove and re -install OWNER's wellhead with tail pipe, including all OWNER's appurtenances to the extent required for the Work. Measurement and payment for this item shall be made at 50% of the Contract Lump Sum Price upon removal of the wellhead; and made at 50% of the Contract Lump Sum Price following reinstallation of the wellhead after rehabilitation has been completed. Payment for this item shall be at the Contract Lump Sum Price as listed on the Bid Form and as specified in the Contract Documents and accepted by the HYDROGEOLOGIST. F. ITEM NO. 6 — PERFORM DOWHOLE VIDEO LOG The video log shall be paid following each successful video log per well at the Contract Lump Sum Price listed on the Bid Form as specified in the Contract Documents and accepted by the HYDROGEOLOGIST. Video logging (in both static and dynamic conditions) shall include but not be limited to the furnishing of all material, labor and equipment required, as specified in Section 02765. Only successful video logs accepted by the HYDROGEOLOGIST will be paid for under this pay item. Video shall be conducted by a professional video logger specializing in downhole well videos. G. ITEM NO. 7 — PERFORM COMPLETE GEOPHYSICAL LOGGING The geophysical logging shall be paid following successful completion of all static and dynamic geophysical logs per well at the Contract Lump Sum Price listed on the Bid Form as specified in the Contract Documents and accepted by the HYDROGEOLOGIST. Geophysical logging (in both static and dynamic conditions) shall include but not be limited to the furnishing of all material, labor and equipment required, as specified in Section 02765. Addendum No. 3 W 1957 Measurement and Payment 01025 - 4 Only successful geophysical logs accepted by the HYDROGEOLOGIST will be paid for under this pay item. Geophysical logging shall be conducted by a professional specializing in downhole well geophysical logging. H. ITEM NO. 8 — PERFORM PLUMBNESS AND ALIGNMENT TESTING L6The plumbness and alignment (P&A) testing shall be paid following successful completion of all P&A Testing per well at the Contract Lump Sum Price listed on the Bid Form as specified in the Contract Documents and accepted by the HYDROGEOLOGIST. P&A Testing shall include but not be limited to the furnishing of all material, labor and equipment required, as specified in Section 02765. Only successful P&A tests accepted by the HYDROGEOLOGIST will be paid for under this pay item. ITEM NO. 9 — COMPLETE SETUP, PLACEMENT AND REMOVAL FOR FULL STRENGTH ACIDIZATION This pay item includes the mobilization and demobilization of equipment necessary to acidize wells with 32% hydrochloric acid (HCI). The setup and removal of equipment, materials and personnel required to acidize the wells shall be paid for at the Contract Lump Sum Price as listed on the BID FORM as specified in the Contract Documents and accepted by the HYDROGEOLOGIST. This pay item includes the wellhead setup (including any and all fabrications or modifications required), acid pump, placement of acid, tanks, valves, piping, and, all labor, equipment and materials necessary to safely acidize the well and to complete the acid treatment as specified in Sections 02785 and 02790. J. ITEM NO. 10 — COMPLETE SETUP PLACEMENT AND REMOVAL FOR BLENDED ACIDIZATION This pay item includes the mobilization and demobilization of equipment necessary to acidize wells with blended hydrochloric (HCI). The setup and removal of equipment, materials and personnel required to acidize the wells shall be paid for at the Contract Lump Sum Price as listed on the BID FORM as specified in the Contract Documents and accepted by the HYDROGEOLOGIST. This pay item includes the wellhead setup (including any and all fabrications or modifications required), acid pump, dilution and placement of blended acid, tanks, valves, piping, and, all labor, equipment and materials necessary to safely acidize the well and to complete the acid treatment as specified in Sections 02785 and 02790. Addendum No. 3 W 1957 Measurement and Payment 01025 - 5 K. ITEM NO. 11 — FURNISH WELL ACID The acid treatment of the wells shall be paid for at the Contract Unit Price per gallon of 32% hydrochloric acid furnished and delivered to the site as listed on the BID FORM. The Contract Unit Price shall include but not be limited to furnishing the acid as specified in Section 02790 and as specified in the Contract Documents and accepted by the HYDROGEOLOGIST. L. ITEM NO. 12 — PUMP DEVELOP WELL Well Development shall be paid for at the Contract Unit Cost Price as listed on the BID FORM as determined by the HYDROGEOLOGIST as development and as described in Sections 02760 and 02785. The said Contract Unit Price shall include only hours of actual pumping as approved by the HYDROGEOLOGIST, and shall not be limited to the furnishing of all material, labor and equipment necessary to complete development in accordance with the Contract Documents and accepted by the HYDROGEOLOGIST. M. ITEM NO. 13 — PUMP TESTING The pumping test shall be paid for at the Contract Unit Price per hour of actual pumping for pump testing, as approved by the HYDROGEOLOGIST. The Unit Price shall include but not be limited to the furnishing of all material, labor and equipment necessary to complete the test as specified including all work necessary for the installation and removal of test pump and piping. N. ITEM NO. 14 — MODIFY DISCHARGE PIPING WITH 6-INCH STAINLESS STEEL BLOW -OFF Work paid for under this item includes the labor and materials required to modify existing 316 stainless steel (SS) discharge well piping with a 6-inch SS, flanged blow -off connection. Fabrication and installation of the blow off connection shall include pickle and passivation of the welded connection, disinfection and clearance of well piping. Payment shall be at the Contract Lump Sum Price listed on the Bid Form as specified in the Contract Documents and accepted by the OWNER. Addendum No. 3 W1957 Measurement and Payment 01025 - 6 O. ITEM NO. 15 — WELL FACILITY DISINFECTION Well disinfection costs for the work task described in Section 02780 shall be paid at the Contract Unit Price, for each well successfully disinfected as determined by passing bacteriological test results. Bacteriological testing is not included in this pay item. The Unit Price shall include all labor, materials, and equipment necessary to chlorinate, flush the well, and install and remove sample ports for bacteriological testing. Re -chlorination needed because of failing bacteriological test results shall be completed by the CONTRACTOR at his own expense. P. ITEM NO. 16 — BACTERIOLOGICAL SAMPLING AND TESTING Work to be paid for under this item includes sampling and testing for bacteriological clearance of the well and includes but not limited to collection of samples by a certified testing laboratory in the State of Florida and in accordance with FDEP Regulation 62-550 and 62-555 F.A.C., testing for the presence or absence of bacteriological contamination, submission of test reports to OWNER. There will be no cost associated with this Pay Item if the CONTRACTOR elects to utilize the Town of Jupiter Water System laboratory for this item. Q. ITEM NO. 17 — SITE RESTORATION The work specified under this pay item includes restoring the site to its original condition, including debris removal, irrigation repair, sodding, landscape replacement, watering, grading, and any other activities required to restore site conditions to equal or better conditions than pre - construction to the satisfaction of the HYDROGEOLOGIST and OWNER and as described in Section 01535. Some activities associated with the scope of work will be minor in nature to the extent that site restoration will not be necessary. The determination as to the necessity of site restoration will be made prior to initiation of activities and will be made by the OWNER or the HYDROGEOLOGIST. If a determination is made that site restoration is not necessary, no payment will be authorized under this work item. Payment shall beat the Contract Lump Sum Price as listed on the Bid Form and shall include all equipment, tools and labor necessary to restore the site complete and accepted by the OWNER. R. ITEM NO. 18 — CERTIFIED WELDING SERVICES Welding services shall be paid for at the Contract Unit Price per hour of welding by a certified welder, including time, materials and labor necessary to complete any requested welding services. Addendum No. 3 W1957 Measurement and Payment 01025 - 7 S. ITEM NO. 19 — LICENSED ELECTRICIAN SERVICES Electrician services shall be paid for at the Contract Unit Price per hour of electrical work by a qualified electrician licensed in the State of Florida to perform all well electrical work. CONTRACTOR must receive approval from OWNER to bill against this Pay Item before actual time is incurred. Failure to do so will result in NO payment of this Pay Item by OWNER. T. ITEM NO. 20 — FURNISH AND INSTALL ADDITIONAL DISCHARGE PIPE Furnish and installation of additional discharge pipe shall be paid for at the Contract Unit Price per linear foot of additional discharge pipe for lengths greater than 500-feet required to convey water from the wellsite to the outfall location. The unit price shall include all labor, materials and equipment required to install maintain and rernove the discharge pipe in accordance with the Contract Documents and as approved by the OWNER and HYDROGEOLOGIST. Work included under separate pay items will not be paid under the additional discharge pipe pay item. U. ITEM NO. 2-0 21 — EXTRA WORK BY REHABILITATION CREW (FOREMAN AND ONE CREW MEMBER) WITH EQUIPMENT Extra work performed by the crew (consisting of Foreman and one crew member) with equipment (crane, boom truck and/or associated equipment necessary to perform the work) shall be paid for at the Contract Unit Price based on the amount of approved time used based on the OWNER's HYDROGEOLOGIST. Work included under separate pay items will not be paid under the extra work pay item. CONTRACTOR must receive approval from OWNER and OWNER's HYDROGEOLOGIST to bill against this Pay Item before actual time is incurred. Failure to do so will result in NO payment of this Pay Item by OWNER. V. ITEM NO. 21- 22 — EXTRA WORK BY REHABILITATION CREW (FOREMAN AND ONE CREW MEMBER) WITHOUT EQUIPMENT Extra work performed by the crew (consisting of Foreman and one crew member) without equipment shall be paid for at the Contract Unit per hour based on the amount of approved time used by the OWNER'S HYDROGEOLOGIST. Work included under separate pay items will not be paid under the extra work pay item. CONTRACTOR must receive approval from OWNER and OWNER's HYDROGEOLOGIST to bill against this Pay Item before actual time is incurred. Failure to do so will result in NO payment of this Pay Item by OWNER. Addendum No. 3 W 1957 Measurement and Payment 01025 - 8 W. ITEM NO. 2-2 23 — STANDBY TIME WITH EQUIPMENT AND REHABILITATION CREW ON -SITE If standby time is required with the crew and rehabilitation equipment on site, payment shall be made at the Contract Unit Price based on the number of approved hours required as determined by the OWNER'S HYDROGEOLOGIST. CONTRACTOR must receive approval from OWNER and OWNER'S HYDROGEOLOGIST to bill against this Pay Item before actual time is incurred. Failure to do so will result in NO payment of this Pay Item by OWNER. X. ITEM NO. 2-3 24 — STANDBY TIME WITH EQUIPMENT ON -SITE AND REHABILITATION CREW OFF -SITE If standby time is required with the crew off site and rehabilitation equipment on site, payment shall be made at the Contract Unit Price based on the number of approved hours required as determined by the OWNER'S HYDROGEOLOGIST. CONTRACTOR must receive approval from OWNER and OWNER'S HYDROGEOLOGIST to bill against this Pay Item before actual time is incurred. Failure to do so will result in NO payment of this Pay Item by OWNER. Y. ITEM NO.24 25 — UNIDENTIFIED PARTS ALLOWANCE This item is intended for specialized small parts and procurement of items not stocked by the OWNER needed to complete rehabilitation, investigation and/or maintenance of wells and avoid delays associated with placing the wells back into service. CONTRACTOR shall supply OWNER with Receipts for all items for which payment is requested under this pay item. Written approval of OWNER is required before any parts or items are purchased under this pay item. Failure of the CONTRACTOR to obtain OWNER'S approval in writing will result in non-payment of the items purchased. Labor shall not be charged under this pay item. END OF SECTION Addendum No. 3 W 1957 Measurement and Payment 01025 - 9 1.02 SECTION 01300 SUBMITTALS GENERAL REQUIREMENTS INCLUDED This section provides an overview of the submittals expected during the course of the CONTRACT. All submittals, whether their final destination is to the OWNER, HYDROGEOLOGIST or other representatives of the OWNER, shall be directed through the OWNER. This list is not all inclusive, the OWNER, HYDROGEOLOGIST, Permitting Agencies or other specifications throughout this contract may require additional submittals. Following is a general summary of the types of submittals, format expected and the number of copies required: Type of Submittal Progress Schedule Schedule of Submittals Schedule of Values Hurricane Preparedness Plan 24 Hr. Emergency Contact List Pre and Post Construction Videos Shop Drawings and Product Data Product Samples Applications for Payment Daily Work Logs Certificates of Compliance Warranties SUBMITTAL PROCEDURES Number of Copies and Format to OWNER 1 PDF File 1 MS Excel File 1 MS Excel File 1 PDF File 1 PDF File 2 Sets 1 PDF File 2 Samples (where applicable) 1 PDF File 1 PDF File 2 Originals 2 Originals A. Transmit each submittal with a form acceptable to the OWNER, clearly identifying the project, the submittal number, the CONTRACTOR, the items included in the submittal, corresponding specification sections and drawing sheet numbers, and other pertinent information specified in other parts of this Section. B. Revise and resubmit submittals as required. Identify all changes made since previous submittals. Resubmittals shall be noted as such. W1957 (REVISED ADDENDUM 6) Submittals 01300-1 C. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. PART II PRODUCTS 2.01 PROGRESS SCHEDULES A. Promptly after award of contract, the CONTRACTOR shall prepare and submit to the OWNER estimated construction progress schedules for the work, including a separate schedule listing dates for submission and items to be submitted, project data, and samples that will be needed for each product. Submit initial schedules within (14) fourteen days after award of Contract. OWNER will review and return review copy within (14) fourteen days after receipt. If required, resubmit within (2) two days after return of review copy. B. The Construction Progress Schedules shall be prepared in the form of a horizontal bar chart showing in detail the proposed sequence of the Work and identifying construction activities for each major component, structure or facility. The schedule shall be time scaled, identifying the first day of each week, with the estimated date of starting and completion of each stage of the Work in order to complete the project within the Contract time. The schedule shall sufficiently detail and identify items such as Shop Drawings C. The CONTRACTOR shall plan and allow for rain days / inclement weather in the Construction Schedule. No time extension or additional compensation will be given to the Contractor by the OWNER for rain days or inclement weather. D. The Construction Progress Schedules shall be revised to reflect comments by the OWNER and HYDROGEOLOGIST and updated monthly, or as many times as the schedule changes depicting progress to the last day of the contract. Three (3) hard copies for review at the weekly construction meeting and a PDF copy e-mailed to the OWNER shall be distributed at the first construction meeting of each month or a PDF copy as many times as the schedule changes. The following shall be noted at each submission: 1. Indicate progress of each activity to date of submission of schedule. 2. Show changes occurring since previous submission of schedule. 3. Provide a narrative report as needed to define: W1957 (REMISED ADDENDUM 6) Submittals 01300-2 Problem areas, anticipated delays, and the impact on the schedule. Corrective action recommended, and its effect. E. Contractor is responsible for determining the sequence of activities, the time estimates of the detailed construction activities, and the means, methods, techniques, and procedures to be employed. The Construction Progress Schedules shall represent the Contractor's best judgment of how he will execute the Work in compliance with the Contract requirements. Contractor shall ensure that the Construction Progress Schedule is current and accurate and is properly and timely monitored, updated, and revised as project conditions and the Contract Documents may require. The OWNER may require a certain order in which activities should be sequenced to minimize disruption of outside contract activities with Town of Jupiter staff, consultants, contractors, businesses and residents. In this case the Contractor shall determine the sequence of activities based upon the OWNER's requirements. F. Notwithstanding anything contained herein to the contrary, the OWNER and HYDROGEOLOGIST shall not in any way be responsible for the Construction Progress Schedule, nor the manner, means, timing, or sequencing of the Work and shall have no liability to Contractor, OWNER, or any other party for same, as the OWNER and HYDROGEOLOGIST have not participated in the generation of any Construction Progress Schedule. Contractor hereby releases the OWNER and HYDROGEOLOGIST from all such liability. G. Coordinate and prepare the delivery and processing of submittals with the performance of the Work so that the Work is not delayed by submittals. Coordinate and sequence different categories of submittals for the same Work, and for interfacing units of Work, so that one is not delayed for coordination with another. 2.02 SCHEDULE OF SUBMITTALS A. A Submittal Schedule shall be provided by the CONTRACTOR within 10 (ten) days of the Notice to Proceed. This schedule shall be in the form of a MS Excel Files (Version 2010 or later) and outline preconstruction submittals, shop drawings and product data, product samples and any other submittals required in the contract. B. The format of the Submittal Schedule shall include, at a minimum, the following for each item: 1. Date submitted to Town W1957 (REVISED ADDENDUM 6) Submittals 01300-3 2. Specification Section, Page and Paragraph 3. Submittal Description 4. Action: i. Approved as Submitted ii. Approved as Noted iii. Approved as Noted Re -Submit iv. Rejected Re -Submit v. Corrections Noted Re -Submit 5. Date returned to Contractor C. The Submittal Schedule shall be updated with each submittal D. Additional required submittals, by Section, include, but are not limited to: 01010: Summary of Work • South Florida Water Management District (SFWMD) Right of Way (ROW) permit • SFWMD Gate Key Permit 02400: Temporary Construction Wellhead • Shop drawings of temporary construction wellhead 02760: Well Development • Flow meter calibrations certificates • Daily log development sheets • Development Pump Curve 02775: Pumping Tests • Flow meter calibrations certificates • Pump and power details, performance curves • Temporary piping layout 02780: Disinfection • State and County certifications for proposed laboratory • Sampling reports, chain of custody forms, analytical results • Disinfection reporting form 02785: Formation Water Disposal System • Schematic plan and equipment, piping, road crossing, planned for used of water discharge, environmental controls • Water quality and discharge volume monitoring data W1957 (REVISED ADDENDUM 6) Submittals 01300-4 02790: Acidization • Acidization Plan for blended (low strength) acid • Acidization Plan for full strength acid • Acid Header • All chemical manufacturer information and Material Safety Data Sheets • Acid transportation manifest and load weight tickets 2.03 SCHEDULE OF VALUES A. The Contractor shall submit a Schedule of Values for OWNER's Approval in accordance with Section 01025 entitled "Measurement and Payment" which shall include all items in the bid proposal including those items which are identified as lump sum. The lump sum items shall be broken down into component parts for the purpose of tracking monthly progress of the work and making monthly progress payments. The schedule shall contain the installed value of the component parts of Work for the purpose of making progress payments during the construction period. B. The schedule shall be given in sufficient detail for the proper identification of the Work accomplished. Each item shall include its proportional share of all costs including the Contractor's overhead, contingencies, and profit. The sum of all scheduled items shall equal the total value of the Contract. The sum of the component parts shall equal the lump sum price of the lump sum item in the bid form. C. The Contractor shall expand or modify the above schedule and materials op . listing as required by the OWNER's initial or subsequent reviews. i� 2.04 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 HYDROGEOLOGIST and OWNER a Hurricane Preparedness Plan specific to this project. The plan should outline the necessary measures which the Contractor proposes to perform related to Contract Work at no additional cost to the OWNER in case of a hurricane or severe weather warning. W1957 (REVISED ADDENDUM 6) Submittals 01300-5 C. The CONTRACTOR shall also include a Letter of Commitment (LOG) with the Hurricane Preparedness Plan. The LOC shall detail the CONTRACTOR's ability to be available on an as -needed on -call basis for hurricane or natural disaster events along with emergency labor and equipment rates. The LOC and emergency response activities shall be for work related to hurricane or natural disaster preparations prior to the event and/or recovery activities immediately following the event that are outside of and in addition to Contract Work. D. In the event of inclement weather, or whenever the OWNER shall direct, the CONTRACTOR shall, and will, cause Subcontractors to protect carefully the Work and materials against damage or injury. Work and materials damaged due to inclement weather shall be removed and replaced at the expense of the CONTRACTOR. Hurricane Watch: Upon designation of a hurricane watch, the CONTRACTOR shall be responsible for storing all loose supplies and strapping down or removing large materials and equipment on the job site that may pose a danger. In addition, the CONTRACTOR shall remove all bulkheads and plugs in pipelines that would impede drainage in the case of flooding. Structures that may be in danger of floatation shall be flooded. The CONTRACTOR shall also cooperate with the OWNER in protecting any other structures at the site. 2. Hurricane Warning: No mobile "temporary facility" under the control of or on the property of the OWNER shall be staffed during a hurricane warning. CONTRACTOR facilities meeting these criteria shall be evacuated. Reasonable steps shall be taken to protect all such facilities and their contents from damage and to avoid the facility causing damage to the surroundings. E. The CONTRACTOR may be required to backfill excavations depending on the severity of the approaching storm or the expected amount of rainfall. Additionally, erosion protection and inlet protection may also be required by the OWNER depending on the site conditions at the time of the Hurricane Watch. F. In the event of a hurricane or natural disaster, the OWNER will notifv the CONTRACTOR if their emergency response services as detailed in their LOC, are required to assist the OWNER in preparation for or recovery from a hurricane or natural disaster. The CONTRACTOR shall be prepared to stage equipment at the OWNER's facilities prior to an event and respond to the OWNER's facilities immediately following an event. The Town will be responsible for costs incurred by the CONTRACTOR for W1957 (REVISED ADDENDUM 6) Submittals 01300-6 hurricane or natural disaster response not related to Contract Work and will be paid at the labor and equipment rates provided in the LOC. 2.05 24 HOUR EMERGENCY CONTACT LIST A. The Contractor shall be required to provide emergency contact telephone numbers for this project. A minimum of two 24 hour contact telephone numbers are required including a 24 hour contact for MOT maintenance if there is an overnight maintenance of Traffic plan in place. Telephone numbers are required for the following Contract positions: Project Manager 2. Project Superintendent 3. Maintenance of Traffic Supervisor (24 Hr) Note: The Town must have two 24-Hour contact telephone l ow numbers, one which includes either the Project Manager or Project Superintendent. 2.06 PRE AND POST CONSTRUCTION VIDEO A. The Contractor shall video the entire project site including, but not limited to SFWMD access gate, access road and right-of-way, power poles, and light poles, Town of Jupiter access gate through Riverbend Re -pump Station, well sites including area between well sites and residential properties, fencing, equipment and vegetation. The video shall clearly identify existing site and structural conditions prior to rehabilitation. B. Pre -construction video shall be completed prior to beginning the Work at the wellsite(s). Post construction video shall be completed within 10 days following date of Substantial Completion. C. HYDROGEOLOGIST/OWNER shall have right to select subject matter and vantage point from which videos are to be taken. D. The preconstruction video must be reviewed and approved by the OWNER prior to mobilizing rehabilitation equipment. E. The video must be recorded by a professional videographer specializing in construction videos and provide in mpeg format. An index must be provided with notations at periodic and appropriate times along the recording to allow quick search and review of specific portions of the video as needed. The videos shall be narrated and clearly identify existing site conditions prior to rehabilitation of project sites. W1957 (REVISED ADDENDUM 6) Submittals 01300-7 F. The Contractor shall provide two (2) sets of the video recording in the following Format and Quality: High definition MPEG4 (1080P) format, with sound; video shall be capable of playing on personal computer with Windows 7 operating system. 2. Video a. Produce bright, sharp, and clear images with accurate colors, free of distortion and other forms of picture imperfections. b. Electronically, and accurately display the month, day, year, and time of day of the recording. 3. Video to be on DVD or Dual Layer DVD media. 4. Audio a. Audio documentation shall be done clearly, precisely, and at a moderate pace. b. Indicate date, Project name, and a brief description of the location of taping, including: i. Facility name ii. Street names or easements iii. Addresses of private property; and iv. Direction of coverage, including engineering stationing, if applicable. G. Documentation 1. DVD Label a. Recording Number (numbered sequentially, beginning with 001) b. Project Name C. Name of street(s) or easements included d. Applicable location e. Date and time of coverage H. It is in the Contractor's best interest to ensure that the conditions of the facilities prior to rehabilitation are well documented. 2.07 SHOP DRAWINGS AND PRODUCT DATA A. Original drawings, prepared by a Contractor, subcontractor, supplier or distributor which illustrate some portion of the Work and showing krfabrication, layout, setting or erection details, diagrams, performance W1957 (REVISED ADDENDUM 6) Submittals 01300-8 curves, data sheets, schedules, templates, patterns, reports, calculations, instructions, dimensions, measurements and other similar information not in standard printed form applicable to other projects. B. Provide information prepared by a qualified detailer showing dimensions and notes based on field measurements, identifying materials and products in the work shown indicating compliance with standards and special coordination requirements. C. Identify details by reference to sheet and detail numbers shown on the Contract Drawings. D. Includes standard printed information on materials, products and systems not custom prepared for this project. Collect the required data into one (1) submittal for each material, product or system; and mark each copy to show which choices and options are applicable to the project. E. Manufacturer's standard schematic drawings and standard printed recommendations for application and use, compliance with standards, application of labels and seals, notation of field measurements which have been checked, and special coordination requirements: 1. Modify drawings to delete information which is not applicable to the project. 2. Supplement standard information to provide additional information applicable to the project. F. Manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, Illustrations and other standard descriptive data: 1. Clearly mark each copy to identify pertinent materials, products or models 2. Show dimensions and clearances required. 3. Show performance characteristics and capacities. 4. Show wiring diagrams and controls. 2.08 PRODUCT SAMPLES A. Physical examples to illustrate materials, equipment or workmanship, and to establish standards by which completed Work is judged. B. Office samples of sufficient size and quantity to clearly illustrate: Functional characteristics of products or materials, with integrally related parts and attachment devices. W1957 (REVISED ADDENDUM 6) Submittals 01300-9 2. Full range of color samples. C. Field samples and mock-ups: 1. Erect at the project site at a location acceptable to the OWNER. 2. Construct each sample or mock-up complete, including work of all trades required in finished work. 2.09 APPLICATIONS FOR PAYMENT A. Procedures for preparation and submittal of Applications for Payment must be in accordance with Article 14, Payments to Contractor and Completion, in the General Conditions. B. Each Application for Payment must include a completed and executed Town of Jupiter Application for Payment cover sheet. The Contractor may include AIA G702 — Application and Certificate for Payment and AIA G703 — Continuation Sheets, contractor's electronic media driven form including continuation sheets as approved by OWNER. C. Preparation of Applications: 1. The OWNER/HYDROGEOLOGIST and the Contractor staff must verify quantities and review pertinent field notes, reports, delivery, etc. and come to an agreement on installed quantities, percentage complete and stored materials. 2. Contractor shall prepare draft Applications for Payment and submit to OWNER for review. 3. Once approved, prepare required information typewritten or on electronic media printout. 4. Execute certification by signature of authorized officer. 5. Use data from approved Schedule of Values. Provide dollar value in each column for each line item for portion of work performed and for stored products. 6. List each authorized Change Order as an extension on AIA G703 - Continuation Sheet, listing Change Order number and dollar amount as for an original item of Work. 7. Prepare Application for Final Payment as specified in Section 01700. D. Submittal Procedures: 1. Submit two copies of each Application for Payment or one copy electronically. W1957 (REVISED ADDENDUM 6) Submittals 01300-10 2. Payment Period: Once a month, all work through the 25th of the month may be included in the Progress Payment. All work after the 25th of the month shall be included in the next month's Progress Payment. 3. Submit Release of Liens waivers with each Application for Payment. E. Substantiating Data: 1. When Architect or OWNER requires substantiating information, submit data justifying dollar amounts. 2. Provide one copy of data with cover letter for each copy of submittal. Show application number and date, and line item by number and description. 3. Invoices for on -site stored material. 4. Include the following with the application. a. Partial release of liens from major subcontractors and vendors. b. Affidavits attesting to on -site stored products. 10 DAILY WORK LOGS A. On a daily basis, the CONTRACTOR shall complete the Daily Work Log Form and submit a copy to the TOWN and the HYDROGEOLOGIST at the end of each work week. A copy of this Form can be found in Appendix A. The Daily Work Log Form may be requested by the TOWN or HYDROGEOLOGIST for viewing at any time. When performing development work, an additional Daily Development Log shall be completed on a daily basis and submitted to the TOWN and HYDROGEOLOGIST on a weekly basis in conjunction with the Daily Work Log Form.. 2.11 CERTIFICATES OF COMPLIANCE A. . Copies of certificates of compliance and test reports shall be submitted for requested items to the OWNER prior to request for payment. 2.12 WARRANTIES A. Refer to individual sections of these Specifications for specific general requirements on the submittal of warranties, guarantees, product/workmanship bonds, and maintenance agreements which are uniquely prepared and executed for the project. W1957 (REVISED ADDENDUM 6) Submittals 01300-11 PART III EXECUTION 3.01 CONTRACTOR RESPONSIBILITIES A. Review shop drawings, project data and samples for compliance with these Specifications prior to submission. B. Verify: 1. Field measurements. 2. Field construction criteria. 3. Catalog numbers and similar data. C. Coordinate each submittal with requirements of the Work and of the Contract Documents. D. The CONTRACTOR'S responsibility for errors and omissions in submittals is not relieved by the OWNER or HYDROGEOLOGIST'S review of submittals. E. The CONTRACTOR'S responsibility for deviations in submittals from the requirements of the Contract Documents is not relieved by the OWNER or HYDROGEOLOGIST'S review of submittals, unless the OWNER or the HYDROGEOLOGIST gives written acceptance of Specific deviations. F. Notify the OWNER and HYDROGEOLOGIST, in writing at the time of submission, of deviations in submittals from the requirements of the Contract Documents. G. Begin no Work requiring submittals until return of submittals with the OWNER or HYDROGEOLOGIST'S stamp and initials or signature indicating review and approval. H. After OWNER or HYDROGEOLOGIST'S review, distribute copies. 3.02 SUBMISSION REQUIREMENTS A. Schedule submissions at least 14 days before dates reviewed submittals shall be needed; the OWNER and OWNER'S representatives shall have a maximum of 14 days for review of the submittal following receipt, for approval or rejection. B. Accompany submittals with a transmittal letter, in duplicate, containing: W1957 (REVISED ADDENDUM 6) Submittals 01300-12 1. Date of submission. 2. Project title and number. 3. Contractor name and address. 4. The number of each shop drawing, project datum and sample submitted. 5. Notification of any deviations from the Contract Documents. 6. Other pertinent data. C. Submittals must include: 1. Date of submittal and revision dates. 2. *Project title and number. 3. The names of: a. Hydrogeologist b. Contractor c. Subcontractor (if applicable) d. Supplier e. Manufacturer f. Separate detailer, when pertinent 4. Identification of products or materials. 5. Relation to adjacent structures or materials. 6. Field dimensions, clearly identified as such. 7. Specification Section Number. 8. Applicable standards, such as ASTM number or Federal Specifications. 9. A blank space, 4" X 4", for the HYDROGEOLOGIST'S stamp. 10. Identification of deviations from the Contract Documents. 11. CONTRACTOR'S stamp, initialed or signed, certifying as to review of the submittal, verification of field measurements and compliance with the Contract Documents. W1957 (REVISED ADDENDUM 6) Submittals 01300-13 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 other than those requested by the HYDROGEOLOGIST. B. Project Data and Samples: v datum and samples as required for initial submittal. END OF SECTION W W1057 (REVISED ADDENDUM 6) Submittals 01300-14 SECTION 01535 PROTECTION OF EXISTING UTILITIES FACILITIES PART1 GENERAL 1.01 THE REQUIREMENT A. The CONTRACTOR shall protect all existing utilities and improvements not designated for removal and shall restore damaged or temporarily relocated utilities and improvements to a condition equal to or better than they were prior to such damage or temporary relocation, all in accordance with requirements of the Contract Documents. B. The CONTRACTOR shall notify all utilities including, but not limited to, Florida Power and Light (FPL), Loxahatchee River District (LRD), cable, AT&T, etc., in writing with a copy to the Owner before construction is started and shall coordinate its activities with them. The CONTRACTOR shall cooperate with the owners of utility lines that may require temporary interruption of service in order to minimize the interruption. The CONTRACTOR shall call Sunshine One -Call Notification at 1-800-432- 4770 a minimum of 48 hours prior to any excavation for location of existing underground facilities. C. The CONTRACTOR shall verify the exact locations and depths of all utilities shown and shall make exploratory excavations of all utilities that may interfere with the Work. All such exploratory excavations shall be performed as soon as practicable after award of Contract and, in any event, a sufficient time in advance of construction to avoid possible delays to the CONTRACTOR's Work. When such exploratory excavations show the utility location as shown to be in error, the CONTRACTOR shall so notify the OWNER. D. The number of exploratory excavations required shall be that number which is sufficient to determine the alignment and grade of the utility. 1.02 RIGHTS -OF -WAY A. The CONTRACTOR shall not enter upon any rights -of -way involved until notified that the OWNER has secured authority therefore from the proper party. After authority has been obtained, the CONTRACTOR shall give said party due notice of its intention to begin Work and shall give said party convenient access and opportunity for removing, shoring, supporting, or otherwise protecting utilities or structures within the right-of- W 1957 Protection of Existing Utilities Facilities 01535-1 way. When two (2) or more contracts are being executed at one (1) time on the same or adjacent land in such manner that Work on one (1) contract may interfere with that on another, the OWNER shall determine the sequence and order of the Work. 1.03 PROTECTION OF STREET OR ROADWAY MARKERS A. The CONTRACTOR shall not destroy, remove, or otherwise disturb any existing survey markers or other existing street or roadway markers without proper authorization. No pavement breaking or excavation shall be started until all survey or other permanent marker points that will be disturbed by the construction operations have been properly referenced for easy and accurate restoration. It shall be the CONTRACTOR's responsibility to notify the proper representatives of the OWNER of the time and location that Work will be done. Such notification shall be sufficiently in advance.of construction so that there will be no delay due to waiting for survey points to be satisfactorily referenced for restoration. All survey markers or points disturbed by the CONTRACTOR without proper authorization by the OWNER will be accurately restored by the OWNER at the CONTRACTOR's expense after all street or roadway resurfacing is complete. 1.04 RESTORATION OF FACILITIES A. General: All paved areas. including asphaltic concrete berm cut or damaged during construction shall be replaced with similar materials of equal thickness to match the existing adjacent undisturbed areas, except where specific resurfacing or restoration requirements have been called for in the Contract Documents or in the requirements of the agency issuing the permit. All temporary and permanent pavement shall conform to the requirements of the affected pavement OWNER. All pavements which are subject to partial removal shall be neatly saw cut in straight lines. Within five (5) working days of the pipe installation, temporary restoration shall be completed. B. Temporary Restoration: Temporary restoration includes repair to all driveways, sidewalks, and roadways. They shall be swept clean and be maintained free of dirt and dust. All areas disturbed by the construction activities shall be restored to proper grade and cleaned up including the removal of debris, trash, and deleterious materials. All construction materials, supplies, or equipment, including piles of debris shall be removed from the area. All temporarily restored areas shall be maintained by the CONTRACTOR. These areas shall be kept clean, neat and free of dust and dirt until final restoration operations are completed. The W 1957 Protection of Existing Utilities Facilities 01535-2 CONTRACTOR is responsible to utilize dust abatement operations in the temporarily restored areas as required, to the satisfaction of the OWNER. C. Temporary Resurfacing: Wherever required by the public authorities having jurisdiction, the CONTRACTOR shall place temporary surfacing promptly after backfilling and shall maintain such surfacing for the period of time fixed by said authorities before proceeding with the final restoration and improvements. 1.05 EXISTING UTILITIES AND IMPROVEMENTS A. General: The CONTRACTOR shall protect all underground utilities and other improvements which may be impaired during construction operations. It shall be the CONTRACTOR's responsibility to ascertain the actual location of all existing utilities and other improvements that will be encountered in its construction operations and to see that such utilities or other improvements are adequately protected from damage due to such operations. B. Utilities to be Moved: In the case that it shall be necessary to move the property of any public utility or franchise holder, such utility company or franchise holder will, upon request of the CONTRACTOR, be notified by the OWNER to move such property within a specified reasonable time. When utility lines that are to be removed are encountered within the area of operations, the CONTRACTOR shall notify the OWNER a sufficient time in advance of the necessary measures to be taken to prevent interruption of service. C. When the proper completion of the Work requires the temporary or permanent removal and/or relocation of an existing utility or other improvement which is shown, the CONTRACTOR shall remove and temporarily replace or relocate such utility or improvement in a manner satisfactory to the OWNER and the OWNER of the facility. In all cases of such temporary removal or relocation, restoration to former location shall be accomplished by the CONTRACTOR in a manner that will restore or replace the utility or improvement as nearly as possible to its former locations and to as good or better condition than found prior to removal. D. OWNER's Right of Access: The right is reserved to the OWNER and to the OWNERs of public utilities and franchises to enter at any time upon any public street, alley, right-of-way, or easement for the purpose of making changes in their property made necessary by the Work of this Contract. W 1957 Protection of Existing Utilities Facilities 01535-3 E. Underground Utilities Shown or Indicated: Existing utility lines which are to be retained and are shown or the locations of which are made known to the CONTRACTOR prior to excavation and all utility lines that are constructed during excavation operations shall be protected from damage during excavation and backfilling and, if damaged, shall be immediately repaired by the CONTRACTOR. F. Underground Utilities Not Shown or Indicated: In the event that the CONTRACTOR damages any existing utility lines that are not shown or the locations of which are not made known to the CONTRACTOR prior to excavation, a written report thereof shall be made immediately to the OWNER. If directed by the OWNER, repairs shall be made by the CONTRACTOR under the provisions for changes and extra Work contained in the General Conditions. G. Approval of Repairs: All repairs to a damaged improvement are subject to inspection and approval by an authorized representative of the improvement OWNER before being concealed by backfill or other Work. 1.06 TREES WITHIN ROAD RIGHT-OF-WAY AND PROJECT LIMITS A. General: The CONTRACTOR shall exercise all necessary precautions so as not to damage or any trees or shrubs, including those lying within street right-of-way and project limits, and shall not trim or remove any trees unless such trees have been approved for trimming or removal by the OWNER. All existing trees and shrubs which are damaged during construction shall be trimmed or replaced by the CONTRACTOR or a certified tree company under permit from the jurisdictional agency and/or OWNER. B. Trimming: Symmetry of the tree shall be preserved; no stubs or splits or torn branches left; clean cuts shall be made close to the trunk or large branch. Spikes shall not be used for climbing live trees. All cuts over 1- 1/2" in diameter shall be coated with an asphaltic emulsion material. C. Replacement: The CONTRACTOR shall immediately notify the OWNER if any tree is damaged by the CONTRACTOR's operations. If, in the opinion of OWNER, the damage is such that replacement is necessary, the CONTRACTOR shall replace the tree at its own expense. W 1957 Protection of Existing Utilities Facilities 01535-4 PART PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION W 1957 Protection of Existing Utilities Facilities 01535-5 SECTION 02400 TEMPORARY CONSTRUCTION WELLHEAD PARTI GENERAL 1.01 SCOPE OF WORK A. The CONTRACTOR shall furnish, fabricate, and install a temporary construction wellhead for use during acidization rehabilitation to protect the existing PVC well casings. B. Alternatively, the CONTRACTOR shall utilize the OWNER's existing temporary construction wellhead for use during acidization rehabilitation to protect the integrity of the existing PVC well casings. The CONTRACTOR shall make modifications, as required, to maintain compatibility with the existing production wellheads. The CONTRACTOR is solely responsible for protecting the integrity of the existing OWNER well casing. 1.02 SUBMITTALS A. Submit a detailed drawing of the CONTRACTOR's temporary construction wellhead to be used to connect to the existing production wellhead. B. Submit a description of any modifications required to the OWNER's temporary construction wellhead in order to maintain compatibility with the existing production wellhead. PART II PRODUCTS 2.01 MATERIALS A. Steel plate used for fabrication shall be of sufficient strength to withstand the stresses of construction. Structural steel fabrications shall be in conformance with ASTM specification A36, "Specifications for Structural Steel". B. A sufficient number of access ports shall be provided in the construction header for testing and other applications. W 1957 Temporary Construction Wellhead 02400 - 1 PART III EXECUTION 3.01 REQUIREMENTS A. The temporary construction wellhead shall be assembled as shown on the project drawings. B. The construction wellhead shall be fitted to the existing wellhead of the production well. C. All flow restriction devices shall be fitted to the construction header. Under no circumstances shall any equipment be attached to the inner casing (PVC or alternate) without prior authorization by the HYDROGEOLOGIST. D. At all times during the progress of the work and at completion, the CONTRACTOR shall use reasonable precautions to prevent either tampering with the well or the entrance of foreign material into it. The well shall be sealed at all times unless drilling, logging or testing is in progress. At the end of each work day, the well shall be sealed, to the satisfaction of the HYDROGEOLOGIST, to prevent it from free flowing. END OF SECTION W 1957 Temporary Construction Wellhead 02400 - 2 SECTION 02715 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PARTI GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install and maintain all methods, equipment and temporary utilities as required to provide controls over environmental conditions at the construction site and related areas under the CONTRACTOR'S influence. Remove physical evidence of temporary facilities upon completion of work and restore any effected areas to the pre -construction condition B. Providing adequate facilities at every stage of performing the work is the CONTRACTOR'S sole responsibility, and is not limited by the requirements hereof. C. Except as otherwise indicated, the cost of providing and using temporary utility services is to be included in the Contract Sum. D. Maintain distinct markers for underground lines and protect from damage during excavation operations. E. These references shall govern the work except where they conflict with the OWNER'S terms and conditions. In case of conflict, the OWNER'S terms and conditions shall govern to the extent of such difference. 1.02 REQUIREMENTS OF REGULATORY AGENCIES A. Comply with the National Electrical Code. B. Comply with Federal, State and local codes, ordinances, rules, regulations, standards and permits. C. Comply with the "Manual of Accident Prevention in Construction" by the Associated General Contractors (AGC). W 1957 Construction Facilities and Temporary Controls 02715 - 1 PART II PRODUCTS 2.01 MATERIALS. Materials may be new or used, but must be adequate in capacity for the required usage, must not create unsafe conditions, and must not violate requirements to applicable codes, ordinances, rules, regulations and standards. 2.02 TEMPORARY ELECTRICITY AND LIGHTING A. Install circuit and branch wiring, with area distribution boxes located so that power and lighting is available throughout the construction by the use of construction type power cords. B. If necessary, the CONTRACTOR shall arrange with Florida Power and Light (FPL) for construction period service and pay all costs for the installation, equipment, and electrical power as may be required. The CONTRACTOR shall arrange and pay for a separate feeder to supply power from off -site directly from FPL service to the CONTRACTOR's temporary power system. C. Provide adequate artificial lighting for all areas of work when natural lighting is not adequate for work and night work is allowed by the contract documents. 2.03 TEMPORARY PHONE SERVICE A. The CONTRACTOR shall provide onsite phone service to the CONTRACTOR'S project superintendent and for each driller on site. The CONTRACTOR or the CONTRACTOR's representative shall be available by phone during all working hours during execution of the scope of work. B. Cellular phones are acceptable. 2.04 TEMPORARY WATER A. The CONTRACTOR shall provide all water required for construction, flushing, testing and temporary sanitary facilities. Only potable quality water will be authorized for use during well rehabilitation activities. Potable quality water can be made available by the OWNER from hydrants or another location. It is the CONTRACTOR's sole responsibility to determine the availability of potable quality water at each work location W 1957 Construction Facilities and Temporary Controls 02715 - 2 B. For potable water line connections from a hydrant, the CONTRACTOR will be required to obtain a construction hydrant meter. The CONTRACTOR will be responsible to provide a deposit for the meter to the Town of Jupiter Utilities Business Office. The meter must be locked at all times except while in use by the CONTRACTOR with water provided by the OWNER. If during the course of construction, it is determined that the Contractor is abusing and/or unnecessarily wasting this service, they will be responsible for paying for water used. The CONTRACTOR shall return the construction meter to the Utilities Business Office at the completion of the project at which time the deposit will be returned to the CONTRACTOR if the meter is not damaged. C. Well water may be authorized for use during the course of rehabilitation, and will be based upon recommendation from the HYDROGEOLOGIST. The CONTRACTOR shall use the appropriate backflow preventer and flow meter when connecting to the OWNER's raw water supply. D. The CONTRACTOR shall provide and maintain all piping, fittings, adapters, valving and flow meters required to connect to the potable quality water. The CONTRACTOR shall be responsible to for transporting water to wellsite locations. E. The CONTRACTOR shall provide and mobilize a minimum of two (2) clean water storage tanks, having minimum capacities of 500-gallons and 2000-gallons, for the CONTRACTOR'S use onsite. The tank shall be acceptable to the OWNER and be used for storage of water, mixing chlorine, surfactant and acid prior to introduction of mixtures into the well. F. OWNER'S use of OWNER'S water takes priority at all times_ CONTRACTOR shall temporarily restrict or discontinue use of OWNER'S water if required to do so by OWNER. 2.05 /0 TEMPORARY SANITARY FACILITIES The CONTRACTOR shall provide and maintain adequate and clean sanitary facilities for construction work force and visitors. The facilities shall comply with local codes and regulations and be situated at approved locations. W 1957 Construction Facilities and Temporary Controls 02715 - 3 2.06 TEMPORARY VENTILATION A. The Contractor shall provide and maintain adequate ventilation for a safe working environment. In addition, forced air ventilation shall be provided for the curing of installed materials, for humidity control, and for the prevention of hazardous accumulations of dust, gases, or vapors. 2.07 TEMPORARY ACCESS ROAD, PARKING AND TRAFFIC CONTROL A. Construct and maintain new and existing temporary access roads over designated easements from public thoroughfare to the site. B. Maintain traffic areas free of excavated materials, construction equipment, products and debris. C. Traffic control warning signs and barricades shall be in strict accordance with the provisions of the Florida Department of Transportation Manual on Traffic Controls and Safe Practices for Street and Highway Construction Maintenance and Utility Operations latest revision. D. No road or street shall be closed to the public except with the permission of the HYDROGEOLOGIST and appropriate governmental agency. E. The work shall be conducted at all times so as to ensure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the work, and to insure the protection of persons and property. F. Well site discharge locations are shown on the drawings and security requirements apply. CONTRACTOR shall secure all gates and fences per contract requirements. G. Shared access roads to, from, adjacent to and around the well sites shall be kept open at all times. 2.08 TEMPORARY CONTROLS A. Noise Control: 1. Comply with all County and City ordinances. 2. CONTRACTOR shall immediately cease operations and mitigate sound to the extent required by County and City ordinance if residents complain about noise as applicable. W 1957 Construction Facilities and Temporary Controls 02715 - 4 B. Light Control: 1. CONTRACTOR shall mitigate stray light during approved night work by directing light source to the work area only. 2. Lighting shall be directed away from nearby residences and properties. 3. CONTRACTOR shall immediately mitigate stray light upon complaint. C. Dust Control: 1. Provide positive methods and apply dust control materials to minimize raising dust form construction operations, and provide positive means to prevent air -borne dust from dispersing into the atmosphere. 2. CONTRACTOR shall immediately mitigate dust upon complaint D. Water Control: 1. Provide methods to contain storm water drainage within the CONTRACTOR'S approved work area, prevent storm water and project related water containing turbidity above the allowable standard from entering adjacent surface water bodies. Provide settling and treatment before discharge of water to approved discharge location. 2. Provide methods to control surface water to prevent damage to the project, the site, or adjoining properties, 3. Control fill, grading and ditching to direct surface drainage away from excavation, trenches, pits and other construction areas, and to direct drainage to proper runoff. 4. Provide, operate and maintain hydraulic equipment of adequate capacity to control surface water. 5. Dispose of drainage water in a manner to prevent flooding, erosion, or other damage to any portion of the site or adjoining areas. E. Debris and Waste Materials Control: 1. Maintain all areas under the CONTRACTOR'S control free of extraneous debris, garbage and waste matter. 2. Initiate and maintain a specific program to prevent accumulation of debris at the construction site, storage and parking areas, or along access roads and haul routes. W 1957 Construction Facilities and Temporary Controls 02715 - 5 3. Provide acceptable containers for deposit of debris and waste. 4. Prohibit overloading of trucks to prevent spillage on access and haul roads. 5. Provide periodic inspection of traffic areas to enforce requirements. 6. Schedule periodic and as needed collection and disposal of debris and waste. F. Pollution Control: 1. Provide methods, means and facilities required to prevent contamination of soil, water or air by the discharge of noxious substances from construction operations. 2. Immediately remove and properly dispose of all contaminated materials upon discovery of spillage of noxious substances. 3. Take special precautions to prevent harmful substances form entering public waters. 4. Provide systems for control of atmospheric pollutants and prevent toxic concentrations of chemicals. G. Erosion Control: 1. Plan and execute construction and earthwork by methods to control surface drainage from cuts and fills and from borrow and waste disposal areas to prevent erosion and sedimentation. 2. Hold areas of bare soil exposed at one time to a minimum and provide temporary control measures such as berms, dikes and drains. 3. Construct fill and waste areas by selective placement to eliminate surface silts and clays from eroding. 4. Construct and maintain properly installed silt fencing and hay bales around the perimeter of the construction area to control surface drainage and runoff. W 1957 Construction Facilities and Temporary Controls 02715 - 6 PART III EXECUTION 3.01 GENERAL A. Comply with all applicable requirements of local building codes. B. Maintain and operate systems to assure continuous service. C. Modify and extend systems as work progress requires. D. Preserve from damage all property along the line of work or which is in the vicinity of or is in any way affected by the Work. Wherever such property is damaged due to the activities of the CONTRACTOR, it shall be immediately restored to its original condition by the CONTRACTOR at no cost to the OWNER. 3.02 INSPECTIONS Prior to placing temporary facilities into service, inspect and test each service and arrange for inspections and tests by governing authorities and obtain required certifications and permits for use thereof. 3.03 REMOVAL A. Completely remove temporary materials and equipment when their use is no longer required. B. Clean and repair damage caused by temporary installations or use of temporary facilities. C. Restore permanent facilities used for temporary services to specified conditions. END OF SECTION W 1957 Construction Facilities and Temporary Controls 02715 - 7 SECTION 02720 WELL REHABILITATION SEQUENCE PARTI GENERAL 1.01 SCOPE OF WORK A. This section covers the sequence of work to investigate, rehabilitate and/or maintain the Upper Floridan Aquifer (UFA) production wells prioritized for work by the Town of Jupiter (OWNER), located in Jupiter, Florida. B. The work as specified may include portions of the following: mobilization; removal of portions of the existing wellhead, tail pipe and appurtenances; well kill(s) as required, down -hole video and/or geophysical logging under static and dynamic conditions; plumbness and alignment testing of existing well casings; installation of a temporary construction wellhead; acid treatment of the completion interval; removal and treatment of the residual spent acid water; formation water treatment and disposal system (including temporary piping and pumps); pump development of wells; flow testing of wells; well discharge piping modifications; reinstallation of the wellhead; well facility disinfection, purging and bacteriological clearance; demobilization and restoration of well sites; and completion all required work to the extent the well facility is returned to service and accepted by the OWNER. C. The following, existing UFA production wells are recommended for rehabilitation and /or investigation: Well ID Casing Casing Casing Open Hole Pump Expected Work Material Diameter (in) Depth ft Depth ft Type Scope(s) Geophysical and RO-2 _ FRP 16 1032 1673 Centrifu al Video Lo in Geophysical and RO-3 FRP 16 1017 1615 Centrifugal Video Logging Geophysical and Video Logging FRP 12 1024 P&A Testing RO-5 SS 8 1451 1665 Centrifugal Dischar a Pipe Mod 16 100 RO-9 PVC 12 1235 1520 Centrifu al P&A Testing 16 100 RO-10 PVC 12 1224 1617 Centrifugal Well Rehabilitation ROA2 PVC 17.4 1170 1411 Centrifugal P&A Testing RO-13 PVC 17.4 1145 1355 Centrifucial P&A Testing W 1957 Well Rehabilitation Sequence 02720-1 Well construction depths indicated are approximate. Contractor is to verify depths as needed to perform work. The wells identified for investigation, rehabilitation and/or maintenance may be altered or changed during the course of the contract based upon the needs of the OWNER. The OWNER does not guarantee a minimum or maximum amount of work. Construction details on the OWNER's remaining UFA production wells are provided in Table 1 of the Appendix- D. Formation water generated during rehabilitation shall be discharged to the CONTRACTOR'S formation water treatment and disposal system as required to meet discharge requirements detailed in the Contract. Treated well water shall then be discharged to a receiving water body or storm drain nearest to each well site. Settling and treatment of formation water to be discharged is the CONTRACTOR'S responsibility and shall be in accordance with all applicable regulations and Section 02785. E. Following completion of work activities, the CONTRACTOR shall reinstall the pump, column pipe, wellhead, well piping, appurtenances, etc. to the extent the well is ready for service by the OWNER. CONTRACTOR shall perform disinfection and bacteriological testing as required for well and well piping clearance. Substantial completion will be deemed complete following restoration of operational service of the subject well. PART II PRODUCTS (NOT USED) PART III EXECUTION 3.01 CONSTRUCTION SCHEDULE A. The CONTRACTOR shall complete the scope of work within the timeframe specified in the contract. The CONTRACTOR shall be actively working on tasks outlined in the Contract within 30-days of the Notice to Proceed B. The construction schedule shall be met based on day work only (7-00 am to 7:00 pm) and excludes nights, weekends and Federal holidays. C. The CONTRACTOR shall obtain approval from the OWNER for all 24-hour work excluding weekends and Federal holidays. Requests for 24-hour work shall be submitted as outlined in Section 01300. W 1957 Well Rehabilitation Sequence 02720-2 D. The CONTRACTOR will be allowed only one (1) well out of service for rehabilitation at a time. The OWNER shall determine the sequence of wells to be rehabilitated based on the needs of the OWNER. 3.02 WORK SEQUENCE A. The following suggested work sequences are provided for the various work items expected to be completed under the well rehabilitation contract. The CONTRACTOR may propose an alternative sequence for review and approval by the OWNER and HYDROGEOLOGIST. 3.03 WELL REHABILITATION INCLUDING ACIDIZATION A. Mobilize to the OWNER approved well rehabilitation site and prepare for well rehabilitation. Coordinate the work with OWNER to isolate the well from the raw water main, and OWNER to lock out and tag out all electrical power. Set up construction and support equipment within the OWNER controlled area of the well site. Additional CONTRACTOR laydown may be provided by the OWNER within a secured area adjacent to Water Plant. B. Remove external piping, fittings, valves, wellhead assembly, and tail pipe and secure exposed wiring from harm during site activities. Protect and secure well site components to remain on site. Following the well rehabilitation, the CONTRACTOR shall re -install any of the equipment previously removed unless approval not to do so is given in writing by the OWNER. During the period of the contract, the CONTRACTOR will protect all well appurtenances removed by the CONTRACTOR; protect all remaining improvements; and protect any equipment loaned to the CONTRACTOR by the OWNER. If the CONTRACTOR becomes aware of any faulty or damaged OWNER equipment, the*CONTRACTOR shall notify the OWNER immediately. C. Perform a down hole camera video log of the casing and open interval under both static (non -flowing) and flowing conditions. Turbidity and suspended sediment shall have been removed from the formation water by the CONTRACTOR to the extent that visibility is not impaired during logging to the satisfaction of the HYDROGEOLOGIST. All static (non -flowing) logs shall be performed prior to dynamic (flowing) logs. Video logging shall be performed in accordance with Section 02765. D. Install temporary construction wellhead for rehabilitation including acidization as detailed in Section 02400. A drawing showing the acid treatment header shall be provided by the CONTRACTOR for approval by the HYDROGEOLOGIST as required in Section 02790. W1957 Well Rehabilitation Sequence 02720-3 E. Setup systems and controls required for acidization including temporary acid storage, containment, formation water treatment and disposal system, tanks, equipment, etc. required for acidization, monitoring, purging, neutralization and control as outlined in the CONTRACTOR's plan for acidization required in Section 02790 and approved by the HYDROGEOLOGIST. The formation water treatment system shall be adequately sized so that acid can be removed from the well in one (1) day. The CONTRACTOR shall coordinate with the HYDROGEOLOGIST for inspection and approval of the setup prior to acidization of the well. Acidize the well in accordance with Section 02790. Purge spent acid water between acid treatments and after treatment. CONTRACTOR shall retain and treat spent acid water prior to discharge. Discharge water shall have a pH of no less than 6.5 prior to discharge. All discharge to the outfall location shall comply with FDEP Generic Permit discharge requirements and as specified in Sections 02760 and 02785. Purging of spent acid shall be considered complete when discharge water from the well is clearwith a pH of 6.5 or higher, the specific conductance of the well is comparable to pre -acid treatment specific conductance values, and a specific capacity test of the well has been performed. G. Install a test pump with a minimum of 80 feet of pump column and develop the well until the discharge water is free of cuttings and visible sediment in accordance with Section 02760. The CONTRACTOR provided test pump shall be capable of a variable discharge rate with sustained surges up to 3,000 gpm. Development shall be in accordance with Section 02760 and shall continue to the satisfaction of the HYDROGEOLOGIST. H. Conduct a five (5) step pumping test at rates determined by the HYDROGEOLOGIST (anticipated to be between 500 and 2,000 gpm). Step duration shall continue until drawdown in the production well stabilizes or a maximum of approximately two (2) hours per step. The CONTRACTOR shall determine the appropriate engine, VFD, and gate valve settings for the desired pumping rate in order to achieve a constant rate with a minimum 35 PSI of back pressure as soon as possible after the start of the test and each rate. A manometer tube and pressure transducer/data logger setup shall be used to measure the static water level and pumping water levels and during pumping when the water level is above the top of the wellhead. Water level measurement below the wellhead shall be performed using an electric water level tape and the data logger/transducer setup as describe in Section 02775. I. Re -install permanent wellhead and discharge apparatus, well transducer, wellhead components, to the extent work is complete and the well facility is ready for service. Perform well disinfection as described in Section 02780 and sample to confirm disinfection was successful and the well is ready for W 1957 Well Rehabilitation Sequence 02720-4 service. Notify OWNER and WTP operations staff that rehab is complete and ready for service. Restore the well and the site. The well shall be left clean and free of oils, grease, and all other substances used during CONTRACTOR activities. Replace and restore damaged sod until established. All areas, structures and facilities disturbed or damaged by the CONTRACTOR's activities shall be restored by CONTRACTOR to equal or better condition than conditions were prior to CONTRACTOR's work. 3.04 RO-5INVESTIGATION A. Mobilize to the OWNER approved well rehabilitation site and prepare for well rehabilitation. Coordinate the work with OWNER to isolate the well from the raw water main, and OWNER to lock out and tag out all electrical power. Set up construction and support equipmentwithin the OWNER controlled area of the well site. Additional CONTRACTOR laydown may be provided by the OWNER within a secured area adjacent to Water Plant. B. Remove external piping, fittings, valves, wellhead assembly, and tail pipe and secure exposed wiring from harm during site activities. Protect and secure well site components to remain on site. Following the well rehabilitation, the CONTRACTOR shall re -install any of the equipment previously removed unless approval not to do so is given in writing by the OWNER. During the period of the contract, the CONTRACTOR will protect all well appurtenances removed by the CONTRACTOR; protect all remaining improvements; and protect any equipment loaned to the CONTRACTOR by the OWNER. If the CONTRACTOR becomes aware of any faulty or damaged OWNER equipment, the CONTRACTOR shall notify the OWNER immediately. C. Setup systems and controls required for testing including formation water treatment and disposal system, tanks, equipment, etc. required for monitoring, discharge of groundwater, and control as outlined in the CONTRACTOR's formation water disposal plan required in Section 02785 and approved by the OWNER and HYDROGEOLOGIST. The CONTRACTOR shall coordinate with the HYDROGEOLOGIST for inspection and approval of the setup prior to discharge of water. D. All discharge to the outfall location shall comply with FDEP Generic Permit discharge requirements and as specified in Sections 02760 and 02785. E. Install temporary construction wellhead as detailed in Section 02400. W 1957 Well Rehabilitation Sequence 02720-5 F. Perform a down hole camera video log and complete geophysical logging suite of the casing and open interval under both static (non -flowing) and pumping/flowing conditions. Turbidity and suspended sediment shall have been removed from the formation water by the CONTRACTOR to the extent that visibility is not impaired during logging to the satisfaction of the HYDROGEOLOGIST. All static (non -flowing) logs shall be performed priorto dynamic (flowing) logs. Video and geophysical logging shall be performed in accordance with Section 02765. G. Perform Plumbness and Alignment Testing in accordance with Section 02765. H. Install a test pump with a minimum of 80 feet of pump column and develop the well until the discharge water is free of cuttings and visible sediment in accordance with Section 02760. The CONTRACTOR provided test pump shall be capable of a variable discharge rate with sustained surges up to 3,000 gpm. Development shall be in accordance with Section 02760 and shall continue to the satisfaction of the HYDROGEOLOGIST. Conduct a five (5) step pumping test at rates determined by the HYDROGEOLOGIST (anticipated to be between 300 and 3,000 gpm). Step duration shall continue until drawdown in the production well stabilizes or a maximum of approximately two (2) hours per step. The CONTRACTOR shall determine the appropriate engine, VFD, and gate valve settings for the desired pumping rate in order to achieve a constant rate with a minimum 35 PSI of back pressure as soon as possible after the start of the test and each rate. A manometer tube and pressure transducer/data logger setup shall be used to measure the static water level and pumping water levels and during pumping when the water level is above the top of the wellhead. Water level measurement below the wellhead shall be performed using an electric water level tape and the data logger/transducer setup as describe in Section 02775. Complete well piping discharge modification including installation of 6-inch stainless steel, flanged, blow -off connection K. Re -install permanent wellhead and discharge apparatus, well transducer, wellhead components, to the extent work is complete and the well facility is ready for service. Perform well disinfection as described in Section 02780 and sample to confirm disinfection was successful and the well is ready for service. Notify OWNER and WTP operations staff that rehab is complete and ready for service. L. Restore the well and the site. The well shall be left clean and free of oils, grease, and all other substances used during CONTRACTOR activities. Replace and restore damaged sod until established. All areas, structures W 1957 Well Rehabilitation Sequence 02720-6 and facilities disturbed or damaged by the CONTRACTOR's activities shall be restored by CONTRACTOR to equal or better condition than conditions were prior to CONTRACTOR's work. 3.05 WORK SEQUENCE: RO-2 & RO-3 INVESTIGATION A. Mobilize to the OWNER approved well rehabilitation site and prepare for well rehabilitation. Coordinate the work with OWNER to isolate the well from the raw water main, and OWNER to lock out and tag out all electrical power. Set up construction and support equipmentwithin the OWNER controlled area of the well site. Additional CONTRACTOR laydown may be provided by the OWNER within a secured area adjacent to Water Plant. B. Remove external piping, fittings, valves, wellhead assembly, and tail pipe and secure exposed wiring from harm during site activities. Protect and secure well site components to remain on site. Following the well rehabilitation, the CONTRACTOR shall re -install any of the equipment previously removed unless approval not to do so is given in writing by the OWNER. During the period of the contract, the CONTRACTOR will protect all well appurtenances removed by the CONTRACTOR; protect all remaining improvements; and protect any equipment loaned to the CONTRACTOR by the OWNER. If the CONTRACTOR becomes aware of any faulty or damaged OWNER equipment, the CONTRACTOR shall notify the OWNER immediately. C. Setup systems and controls required for testing including formation water treatment and disposal system, tanks, equipment, etc. required for monitoring, discharge of groundwater, and control as outlined in the CONTRACTOR's formation water disposal plan required in Section 02785 and approved by the OWNER and HYDROGEOLOGIST. The CONTRACTOR shall coordinate with the HYDROGEOLOGIST for inspection and approval of the setup prior to discharge of water. D. All discharge to the outfall location shall comply with FDEP Generic Permit discharge requirements and as specified in Sections 02760 and 02785. E. Install temporary construction wellhead as detailed in Section 02400. F. Perform a down hole camera video log and complete geophysical logging suite of the casing and open interval under both static (non -flowing) and pumping/flowing conditions. Turbidity and suspended sediment shall have been removed from the formation water by the CONTRACTOR to the extent that visibility is not impaired during logging to the satisfaction of the HYDROGEOLOGIST. All static (non -flowing) logs shall be performed priorto dynamic (flowing) logs. Video and geophysical logging shall be performed in accordance with Section 02765. W 1957 Well Rehabilitation Sequence 02720-7 G. Re -install permanent wellhead and discharge apparatus, well transducer, wellhead components, to the extent work is complete and the well facility is ready for service. Perform well disinfection as described in Section 02780 and sample to confirm disinfection was successful and the well is ready for service. Notify OWNER and WTP operations staff that rehab is complete and ready for service. H. Restore the well and the site. The well shall be left clean and free of oils, grease, and all other substances used during CONTRACTOR activities. Replace and restore damaged sod until established. All areas, structures and facilities disturbed or damaged by the CONTRACTOR's activities shall be restored by CONTRACTOR to equal or better condition than conditions were prior to CONTRACTOR's work. 3.06 WORK SEQUENCE: P&A TEST AT RO-9, RO-12 & RO-13 A. Mobilize to the OWNER approved well rehabilitation site and prepare for well rehabilitation. Coordinate the work with OWNER to isolate the well from the raw water main, and OWNER to lock out and tag out all electrical power. Set up construction and support equipment within the OWNER controlled area of the well site. Additional CONTRACTOR laydown may be provided by the OWNER within a secured area adjacent to Water Plant. B. Remove external piping, fittings, valves, wellhead assembly, and tail pipe and secure exposed wiring from harm during site activities. Protect and secure well site components to remain on site. Following the well rehabilitation, the CONTRACTOR shall re -install any of the equipment previously removed unless approval not to do so is given in writing by the OWNER. During the period of the contract, the CONTRACTOR will protect all well appurtenances removed by the CONTRACTOR; protect all remaining improvements; and protect any equipment loaned to the CONTRACTOR by the OWNER. If the CONTRACTOR becomes aware of any faulty or damaged OWNER equipment, the CONTRACTOR shall notify the OWNER immediately. C. Setup systems and controls required for testing including formation water treatment and disposal system, tanks, equipment, etc. required for monitoring, discharge of groundwater, and control as outlined in the CONTRACTOR's formation water disposal plan required in Section 02785 and approved by the OWNER and HYDROGEOLOGIST. The CONTRACTOR shall coordinate with the HYDROGEOLOGIST for inspection and approval of the setup prior to discharge of water. W 1957 Well Rehabilitation Sequence 02720-8 D. All discharge to the outfall location shall comply with FDEP Generic Permit discharge requirements and as specified in Sections 02760 and 02785. E. Perform Plumbness and Alignment Testing in accordance with Section 02765. F. Re -install permanent wellhead and discharge apparatus, well transducer, wellhead components, to the extent work is complete and the well facility is ready for service. Perform well disinfection as described in Section 02780 and sample to confirm disinfection was successful and the well is ready for service. Notify OWNER and WTP operations staff that rehab is complete and ready for service. G. Restore the well and the site. The well shall be left clean and free of oils, grease, and all other substances used during CONTRACTOR activities. Replace and restore damaged sod until established. All areas, structures and facilities disturbed or damaged by the CONTRACTOR's activities shall be restored by CONTRACTOR to equal or better condition than conditions were prior to CONTRACTOR's work. END OF SECTION W 1957 Well Rehabilitation Sequence 02720-9 SECTION 02760 WELL DEVELOPMENT PARTI GENERAL 1.01 SCOPE OF WORK A. This section covers the labor, equipment and materials required to perform development of the well(s). Development shall include surge/sustained rate pumping at rate of up to 3000 gpm or as directed by the HYDROGEOLOGIST. B. Under no circumstances shall the pumping equipment create a vacuum within the well casing. C. Well development activity includes pump development. The CONTRACTOR shall be paid per hour of actual approved development time and shall include but not be limited to the furnishing of all material, labor and equipment necessary to complete development as specified, including all work necessary for the installation and removal of test pump. Development time shall not include preparing site for formation water disposal, set up of formation water disposal system and equipment or for maintenance of equipment of discharge water system. D. The CONTRACTOR shall manage discharge water as described below and in Section 02875. 1.02 SUBMITTALS A. The CONTRACTOR will furnish the HYDROGEOLOGIST with manufacturer specifications for all chemical additives proposed for development, manufacturer specifications for generators, pumps and corresponding silencers, a calibrated flow meter with certification no older than 60 days prior to notice to proceed and attest to an accuracy of 95 percent or greater for the range of the meter, prior to installation of the development pump, a manufacturer pump curve for development and testing pump(s), drawing depicting schematic plan and equipment and piping for formation water disposal. B. Daily development summary logs must be completed daily by the CONTRACTOR and submitted to the HYDROGEOLOGIST as requested. Blank daily development forms can be found in the Appendix. W 1957 Well Development 02760 - 1 PART II PRODUCTS 2.01 DEVELOPMENT EQUIPMENT A. Provide all pumps, motors, air compressors, surge tanks and other ancillary equipment needed to develop the well to the extent that, as practical, suspendable solids are removed from the borehole. All generators and diesel fuel powered pumps shall be equipped with critical grade silencers. Provide all pipe, fittings, and valves required to transmit discharge water from the pump to the settling tanks as required in Section 02785. CONTRACTOR shall size temporary containment system and discharge pipe adequately to accommodate anticipated volumes of water for settling and disposal to outfall locations anticipated to be up to 500 feet from settling tanks. B. The test pumping equipment shall have access ports, water level measurement setup and discharge piping as required in Section 02775. C. The CONTRACTOR shall provide a pump capable of rates between 500 and 3,000 gallons per minute (gpm) and manufacturer pump curves in accordance with this section. Specific development rates shall be specified by the HYDROGEOLOGIST on a well by well basis. D. The CONTRACTOR shall provide a calibrated flow meter near the pump. The flow meter shall be accurate and precise within the range of 500 gpm to 3000 gpm. The placement of the flow meter shall be in accordance with manufacturer recommendations for flow meter placement. The CONTRACTOR shall also consult the HYDROGEOLOGIST for optimal flow meter placement. Air release valves shall be provided and installed by the CONTRACTOR at as many locations as required. Air release valves shall consist of tapping the discharge pipe and providing and installing a 2-inch diameter riser and gate valve. E. The development equipment must be able to divert flow of water in a controlled manner to minimize flooding and erosion. Discharge water shall be clear and free of suspended solids. Discharge water shall be retained temporarily using a settling tank for settlement of solids and pumped via temporary piping to the discharge point as directed by the HYDROGEOLOGIST. Tanks required for settling of solids and additional pumps and temporary piping needed to transmit water to the discharge point shall be included in the unit cost for development. Management and removal of development solids shall be included in the unit cost for development. W 1957 Well Development 02760 - 2 PART III EXECUTION 3.01 SURGE PUMPING A. Using the test pump setup described in Section 02775, the CONTRACTOR shall pump surge the well until the discharge water is free of suspended material. The CONTRACTOR shall install a pump in the well capable of pumping steadily and in surges up to 3,000 gpm from the well through the Formation Water Disposal System. The CONTRACTOR shall surge the well frequently and be able to sustain a steady high flow rate up to 3,000 GPM as directed by the HYDROGEOLOGIST. B. The CONTRACTOR shall assist the HYDROGEOLOGIST with any connections required to connect the HYDROGEOLOGIST'S provided silt density index (SDI) testing equipment to the pump discharge. The CONTRACTOR shall provide, operate and maintain a clean auxiliary pump capable of maintaining 35 pounds per square inch (psi) for SDI testing. The auxiliary pump shall be plumbed to the Floridan Aquifer well discharge for sampling and testing. The CONTRACTOR shall provide fittings and fabricate connections as needed to enable the HYDROGEOLOGIST to perform the SDI tests. C. On a daily basis prior to start-up of development or at other times as directed by the HYDROGEOLOGIST, the CONTRACTOR shall pump the well and accurately measure the static water level, drawdown, and specific capacity and report on daily development logs. D. Throughout pump development, at intervals specified by the HYDROGEOLOGIST, the CONTRACTOR shall conduct sand testing. Sand testing shall be conducted using a Rossum Sand Tester (described in Section 02775, Pumping Tests). E. CONTRACTOR shall complete daily development summary forms provided by the HYDROGEOLOGIST, including daily static water level measurements, specific capacity measurements, and sand (Rossum) tests. 3.02 DISCHARGE WATER A. The CONTRACTOR shall construct a temporary settling tank or tanks for settlement of solids from the discharge water. Transfer pump(s) shall be used to pump discharge water to the designated outfall location if required. Discharge water shall be clear and free of suspended solids. Discharge water shall be free of solids through the use of settling tanks and pumped via temporary piping to the designated discharge point as directed by the HYDROGEOLOGIST. The CONTRACTOR shall anticipate that at least 500 feet of discharge hose will be required to transmit discharge water to the W 1957 Well Development 02760 - 3 outfall point. The CONTRACTOR shall set up and maintain discharge water transmission hose, as required in Section 02785. B. The CONTRACTOR is solely responsible for the methods used and shall comply with regulatory requirements and/or permit conditions for discharge of development water. If the CONTRACTOR fails to comply with requirements for the discharge of water, he shall be responsible for complete restoration of the discharge location to the original condition at no cost to the OWNER. CONTRACTOR shall be responsible for paying any fines or penalties that may result from his failure to provide adequate treatment facilities. C. The CONTRACTOR shall be responsible for monitoring during discharge operations including, but not limited to discharge flows, pH and turbidity of development water. Updated monitoring records shall be submitted weekly to the OWNER or HYDROGEOLOGIST and kept onsite at all times for inspection. D_ Discharge water shall always be contained and under control by the CONTRACTOR. Any erosion that results from the discharge water shall be immediately repaired by the CONTRACTOR to its previous non -eroded condition. E. The CONTRACTOR shall employ Best Management Practices (BMPs) to mitigate potential turbidity and/or solids from entering any discharge location. The CONTRACTOR shall install and maintain settling tank(s), filtration unit(s), silt booms, curtains, or other means required to protect outfalls, storm sewers and/or surface water bodies receiving the discharge water. The CONTRACTOR is required to employ all methods necessary to ensure that development water at the discharge point is clear, turbidity less than 29 NTU, has a pH of no less than 6.5, and meet CONTRACT requirements or permit conditions prior to discharge into the designated outfall location F. The CONTRACTOR shall ensure that the discharge water does not impact adjoining property unless it is specifically approved by the OWNER, does not flood streets or impede any traffic flow in any way, and does not cause a nuisance in general. G. The CONTRACTOR shall monitor the discharge water disposal system continuously for leaks and possible problem areas. An inspection of the completed pipeline may be conducted frequently by the OWNER or HYDROGEOLOGIST to observe its integrity. Operations must stop until noted deficiencies are corrected. It is, however, the CONTRACTOR'S responsibility to ensure the integrity of the system at all times. H. Discharge of formation water from the well to the ground shall be avoided to the greatest extent possible. The CONTRACTOR shall take all necessary W 1957 Well Development 02760 - 4 precautions, and make repairs as needed, to minimize the discharge of formation water to the ground. The CONTRACTOR shall provide safety measures and controls as needed. END OF SECTION W 1957 Well Development 02760 - 5 SECTION 02765 DOWNHOLE LOGGING PARTI GENERAL 1.01 SCOPE OF WORK A. This section covers the equipment, work and materials necessary to perform downhole geophysical logging, downhole video logging and plumbness and alignment testing of the wells. B. Provide the following downhole geophysical logging instruments and equipment to perform the following: 1. Flow log (static & dynamic) 2. XY caliper log 3. Gamma ray log 4. Downhole video survey (static & dynamic) 5. Dual induction log 6. Borehole compensated sonic (with VDL) 7. Temperature log (static & dynamic) 8. Fluid resistivity (static & dynamic) C. Downhole video logging of the well will be conducted to inspect the casing and open hole intervals of the well, and shall be completed for both static and flowing conditions. Provide a DVD format of the video survey. D. A pre- and post -rehabilitation video survey will be performed on each well selected for well rehabilitation including acidization. E. Provide appropriately sized plummet and dummy tools for plumbness and alignment (P&A) testing to a depth up to 200 feet below top of well flange or as directed by the HYDROGEOLOGIST. PART II PRODUCTS (NOT USED) W 1957 Downhole Logging 02765 -1 PART III EXECUTION 3.01 GENERAL A. The OWNER may require the performance of geophysical or video logging at any time at a specific well(s) between issuance of the Notice to Proceed and final completion. B. Each log must be run and recorded in a continuous fashion to qualify as an acceptable log. C. The CONTRACTOR shall provide 24-hour advanced notice to the HYDROGEOLOGIST prior to logging activities The CONTRACTOR is responsible to ensure that all logs are complete The CONTRACTOR is solely responsible for selecting operating and removing all logging equipment necessary to complete work outlined in the specifications D. Any obstructions, fill material and/or reduced diameters of more than 1/2 inch in the borehole or cased intervals not present during preliminary logging as determined by the HYDROGEOLOGIST and OWNER but present in post rehabilitation logging will be removed reamed and/or repaired by the CONTRACTOR at his own expense E. Video and geophysical logging will be performed by a qualified well inspection service. If a subcontractor is used, submit the name of the company and qualifying experience for approval by the HYDROGEOLOGIST. Video logger shall have a minimum of 5 years' experience performing video logs. F All logs shall be labeled with all appropriate information. The CONTRACTOR shall furnish (2) two USB compatible flash drives or two DVD copies of the well video which shall be made available to the HYDROGEOLOGIST upon completion. Five (5) hard and five (5) electronic copies of finished logs, including, LAS and PDF files, are to be provided by the CONTRACTOR within two weeks of logging. Two (2) USB compatible flash drives or two DVD copies of the video are to be provided to the OWNER within two (2) weeks of completion. �. A downhole video log in DVD format will be conducted to inspect the casing and open interval of the wells. The video will be conducted in the presence of the HYDROGEOLOGIST. The video camera lens will be color and capable of 360-degree movement; be controlled by the logging technician; be independent of the camera body; and have focus capability. The video camera will be centralized in the borehole. The centralizers will self -adjust to different casing and hole sizes, as necessary. If the HYDROGEOLOGIST determines that the video is unacceptable due to poor W 1957 Downhole Logging 02765 -2 quality, the CONTRACTOR at his expense will obtain the necessary equipment to perform additional logging to the satisfaction of the HYDROGEOLOGIST. All video logging will be conducted under both dynamic (flowing) and static (non -flowing) conditions at the direction of the HYDROGEOLOGIST. Only videos conducted in both flowing and non -flowing conditions and approved by the HYDROGEOLOGIST will be accepted for payment. Pumping rate for the dynamic video and geophysical logging will be, at a minimum 1400 gallons per minute or at a rate such that water levels in the well are lowered to a minimum of 15 feet below land surface as directed by the HYDROGEOLOGIST. The CONTRACTOR is advised that well RO-5 has a partially collapsed stainless steel liner between 955 feet and 1,005 feet. Geophysical logging and well video tools used at well RO-5 larger than 2 inches in diameter may not pass through the partially collapsed section of casing. A 2 inch diameter downhole video tool was able to bypass the casing to a total depth of 1,635 feet during a previous video survey. J. Final videos will be performed prior to demobilization of the drilling rig and/or rehabilitation equipment. If based on the video, the HYDROGEOLOGIST determines that the borehole is filled above the total drilled depth, at the direction of the HYDROGEOLOGIST, the CONTRACTOR will clean out the filled borehole section using the drilling rig or by other means approved by the HYDROGEOLOGIST and re -video the well for final approval by the HYDROGEOLOGIST. K. The CONTRACTOR shall perform P&A testing in accordance with AWWA A100. The P&A test shall be conducted in the presence of the HYDROGEOLOGIST. L. The CONTRACTOR shall test casing plumbness by centering a plummet in the top of the casing and lowering the plummet into the casing. The length of the plummet shall be 1.25 times the inside diameter of the final casing and have a minimum outside diameter 1/2-inch smaller than the inside diameter of the casing. M. The plummet shall be centered at the top of casing and be lowered from a fixed apex set 10 feet above the top of casing. The plummet shall be lowered in a maximum of 10-foot increments to a total depth of 200 feet or as directed by the HYDROGEOLGIST. CONTRACTOR shall take and record measurements of the horizontal deflection of the plumb line from the center of the casing at each interval. The direction and amount of plum line movement shall be measured at each interval using a template resting on the top of casing. W 1957 Downhole Logging 02765 -3 N. Alignment of the well shall be tested by lowering a 40-foot long section of pipe or a dummy to a depth up to 200 feet below the top of casing. The outside diameter of the pipe or dummy shall be 0.5 inches less than the inside diameter of the casing being tested. If a dummy is used it shall consist of a rigid spindle with a minimum of three cylindrical rings, each ring shall be a minimum of 22 inches long and 0.5 inches less than the inside diameter of the well casing. The rings shall be located one at each end and one in the center of the dummy. The pipe or dummy shall move freely throughout the tested length of casing. EXPECTED SCHEDULE OF DOWNHOLE LOGGING FOR EXISTING PRODUCTION WELLS Construction Phase Pre- and Post -Rehabilitation (RO-10) Log Type Video with rotating lens (static & dynamic) Video with rotating lens (static & dynamic), Flow log (static & dynamic), XY caliper log, Well Investigation Gamma ray log, Dual induction (RO-2, RO-3, RO-5) log, Borehole compensated sonic (with VDL), Temperature log (static & dynamic), Fluid resistivity (static & dynamic), Plumbness and Alignment Testing (RO-5, RO-9, RO-12, RO-13) AWWA A100 P&A Test END OF SECTION W1957 Downhole Logging 02765 -4 SECTION 02775 PUMPING TESTS PARTI GENERAL 1.01 SCOPE OF WORK A. This section covers the labor, equipment and material required to perform pumping tests on the production well(s). The scope of work specified in this section also may be applicable to other sections by reference in those sections. B. The CONTRACTOR shall perform a five -step pump test on each rehabilitated well following acidization. Pumping rates during this testing shall be at rates ranging from 500 gpm up to 3,000 gpm or as determined by the HYDROGEOLOGIST. The pump test assembly shall be fitted with a throttling device and gate valve so that the flow rate can be adjusted as directed by the HYDROGEOLOGIST. C. The CONTRACTOR shall allow for sufficient time for the HYDROGEOLOGIST to collect a static water level in the well (minimum 12- hour static conditions). All equipment necessary to conduct this test shall be supplied, operated, manned, and maintained by the CONTRACTOR. D. The CONTRACTOR shall be responsible for failure of equipment and materials associated with the pumping test, and for negligence on the part of the CONTRACTOR. In the event of such failure or negligence that results in necessitating re -running of the pumping test, the CONTRACTOR shall repeat the test at his own expense. E. Under no circumstances shall the pumping test equipment create a vacuum within the well casing. F. The CONTRACTOR shall manage discharge water as described below and in Section 02785. 1.02 SUBMITTALS A. Provide certificates of calibration for flow meters to be used for flow measurement by the HYDROGEOLOGIST. B. Submit a pump curve prior to installation for approval by the HYDROGEOLOGIST. W 1957 Pumping Tests 02775 - 1 C. Submit to the HYDROGEOLOGIST following completion of pumping testing recovery, all pressure transducer and data logger data from pump test background, pumping and recovery periods. PART II PRODUCTS 2.01 TEST PUMP A. Furnish the necessary instruments and pumping equipment capable of pumping at a steady rate ranging from 500 gpm to 3,000 gpm with a throttling device and gate valve so that the flow rate can be adjusted as directed by the HYDROGEOLOGIST. B. Furnish a gate valve, calibrated flow meter. Furnish an orifice plate and manometer (or other approved method) to provide a means to verify accuracy of flowmeter. C. Provide and install two (2), 1 1/4-inch ID drop tubes between the pump column and casing, from the water level access fitting at the wellhead to 5 feet above the pump intake or as directed by the HYDROGEOLOGIST. The drop tube shall enable the HYDROGEOLOGIST to manually measure water levels without interference of the pump, pump column or electronic water level monitoring equipment. D. The CONTRACTOR shall provide a pressure transducer, data logger and logger well cap seal for water level measurement prior to, during and after pump testing. The CONTRACTOR shall coordinate with the HYDROGEOLOGIST to determine the type of transducer and logger required for the anticipated drawdown, static water level logging periods, pumping periods and recovery periods. The HYDROGEOLOGIST shall determine data recording frequency and format. Data shall be precise and accurate to 0.01-feet of manual water level measurements. Imprecise or inaccurate data shall be rejected requiring pumping tests and monitoring to be repeated at the CONTRACTOR's expense. Electronic data shall be submitted to the HYDROGEOLOGIST. The data logger will be installed in the well a minimum of 12 hours prior to and remain a minimum of 12 hours following the pumping tests for the purpose of collection of background and recovery water level data. Manual data recording sheets shall be submitted to the HYDROGEOLOGIST. E. Provide a manometer tube for manual measurement of static water levels and pumping water levels above land surface. The CONTRACTOR shall provide a method of erecting the manometer tube and also provide access for water level measurement throughout the pumping test. W 1957 Pumping Tests 02775 - 2 2.02 FLOW METER Provide a calibrated flowmeter with direct measurement and a totalizer to measure flow. Anticipated metered flows shall range from 500 to 3000 gpm. Certification shall be no older than 60 days prior to notice to proceed and attest to a precision of 95 percent or greater for the range of the meter. 2.03 DISCHARGE PIPING Provide all pipe, hoses, fittings, and valves required to transmit discharge water from the pump to the Formation Water Disposal System and then to the outfall location as described in Section 02785. PART III EXECUTION 3.01 PUMPING TESTS A. install and operate the pumping test equipment. Pumping tests shall consist of five (5) steps to be run at rates determined by the HYDROGEOLOGIST. Step duration shall continue until drawdown in the production well stabilizes or a maximum of approximately two (2) hours per step. The CONTRACTOR shall determine the appropriate engine and gate valve settings for the desired pumping rate in order to achieve a constant rate as soon as possible after the start of the test. B. Sufficient time shall be permitted for the HYDROGEOLOGIST to collect a static water level in the well. The static water level shall be measured by the CONTRACTOR prior to the start of pumping each day- C. At the option of the HYDROGEOLOGIST, a longer steady rate pumping test shall be conducted by the same method as described above. Payment for pump tests shall be at the hourly pumping test rate regardless of duration. D_ At intervals specified by the HYDROGEOLOGIST during each step, the CONTRACTOR shall conduct sand testing using a Rossum Sand Tester for calculation of sand content at each pumping rate. Sand test data shall be submitted to the HYDROGEOLOGIST within 3 days following completion of pump testing. E. The CONTRACTOR shall assist the HYDROGEOLOGIST with connections required to connect the HYDROGEOLOGIST'S provided silt density index (SDI) testing equipment to the pump discharge. The CONTRACTOR shall provide, operate and maintain a clean auxiliary pump capable of maintaining 35 pounds per square inch (psi) for SDI testing. The auxiliary pump shall be W1957 Pumping Tests 02775 - 3 plumbed to the Floridan Aquifer well discharge for sampling and testing. The CONTRACTOR shall provide fittings and fabricate connections as needed to enable the HYDROGEOLOGIST to perform the SDI tests through the duration of the pumping test. 3.02 DISCHARGE WATER A. Discharge water generated during rehabilitation shall be discharged to the CONTRACTOR's formation water disposal system and then to outfall locations adjacent to each well site. The expected maximum piping distance is approximately 500 feet. Settling and treatment of formation water to be discharged is the CONTRACTOR'S responsibility and shall be in accordance with all applicable regulations and Section 02785. The CONTRACTOR shall set up and maintain discharge water transmission piping, as required in Section 02785. B. All equipment necessary to conduct these tests shall be supplied, operated, manned, and maintained by the CONTRACTOR. The CONTRACTOR shall be responsible for failure of equipment and materials associated with the pumping tests, and for negligence on the part of the CONTRACTOR. In the event of such failure or negligence that results in re -running the pumping test, the CONTRACTOR shall repeat the test at his/her own expense. C. Discharge water shall always be contained and under control by the CONTRACTOR. Discharge of formation water from the well to the ground shall be avoided to the greatest extent possible. The CONTRACTOR shall take all necessary precautions, and make repairs as needed, to minimize the discharge of formation water to the ground. D. The CONTRACTOR shall refer to Section 02785 for additional requirements pertaining to discharge water generated from production wells. END OF SECTION W 1957 Pumping Tests 02775 - 4 SECTION 02780 WELL FACILITY DISINFECTION PARTI GENERAL 1.01 SCOPE OF WORK A. Provide labor, equipment and materials to disinfect production well, pump facilities, wellhead, and added piping complete according to the requirements of AWWA C654-13 and AWWA C-601. B. Provide labor, equipment and materials to perform analytical tests on the rehabilitated well. If required, the CONTRACTOR shall subcontract an analytical laboratory to perform sampling and analytical services. The laboratory shall be certified to perform the scope of work by the Florida Department of Environmental Protection. C. Provide complete disinfection of the facility, setup for discharge, purging of the facility and setup of the sample tap, as required. 1.02 SUBMITTALS A. State and County certifications for proposed laboratory if required by the OWNER. B. Provide sampling reports, disinfection forms, completed chain of custody forms and analytical results for all consecutive sampling events if required by the OWNER. Laboratory reports shall be submitted within 30 days of receipt of samples by the laboratory. C. MSDS for all products to be used for disinfection a minimum of 15-days prior to commencement of disinfection. PART II PRODUCTS 2.01 MATERIALS A. Free chlorine liquid or gas. B. Sodium Hypochlorite. W 1957 Well Facility Disinfection 02780 - 1 PART III EXECUTION 3.01 WELL FACILITY DISINFECTION A. Provide notice to OWNER and ENGINEER 48 hours in advance of treatment. Provide injection and measurement methods for approval. B. Post warning notices and secure the well facility from unauthorized access or use. Secure the area. C. The CONTRACTOR shall disinfect the well as soon as the rehabilitation procedures have been completed. The CONTRACTOR shall carry out adequate cleaning procedures immediately preceding disinfection where evidence indicates that normal well construction and development work have not adequately cleaned the well. All oil, grease, soil, and other materials, which could protect bacteria from disinfectants shall not be allowed in the hole. If evidence indicates that this material has entered the hole, it shall be thoroughly removed. The cleaning operation is to be carried out by pumping and swabbing only. Where test pumping equipment is to be used, such equipment shall be thoroughly scrubbed, or otherwise cleaned of foreign material. D. All water used for treatment shall be potable and from an ENGINEER approved source. E. Mix a sufficient concentration of chlorinated water solution to maintain 200 parts per million chlorine residual throughout the well, pump and added piping facilities_ The pump and motor shall not be exposed to chlorinated water solutions with concentrations above 500 ppm. The recommended pH of chlorine solutions is between 5.5 and 6.8. Any well components sensitive to free chlorine or disinfecting agents will be disinfected and installed separately to prevent damage. F. Disinfection procedures shall ensure that the disinfecting agent is uniformly applied throughout the entire water depth of the well, without relying on subsequent mechanical or surging action for dispersing the disinfectant. For this purpose, the disinfecting agent shall be furnished or prepared in liquid form and placed in the well through a hose or tremie of sufficient length to extend to the bottom of the well. The disinfecting agent shall be applied through the hose, which is to be raised and lowered, to achieve uniform distribution of the solution throughout the well. G. Allow disinfectant to remain in the sealed system for 24 hours. H. After a 24 hour or longer contact period, the well is to be pumped to clear it of the disinfecting agent. The disposal point for the purged water shall be W 1957 Well Facility Disinfection 02780 - 2 selected so as to minimize potential damage to aquatic life or vegetation. The CONTRACTOR is responsible for all hoses, piping, connections, tanks, and fittings required to transmit the purged water from the wellhead to the disposal point. The OWNER'S well equipment shall be utilized for pumping out the disinfection agent. The complete disinfection program and methods followed, especially if materially different from those specified, shall be in accordance with directives of the Florida Department of Environmental Protection, Division of Health and all methods employed shall have their approval. Final approval of the bacterial samples shall be received from the Florida Department of Environmental Protection prior to the time that the system is placed into operation. J. Prepare and submit `Upper Floridan Aquifer Well Disinfection Reporting Form' for each well. 3.02 BACTERIOLOGICAL ANALYSIS A. Purge detectable chlorine solution from the well facility. B. Collect two (2) or ten (10) consecutive water samples at an approved location 48 hours after disinfection procedure. Not less than 6 hours will elapse between sample collection events. No more than two (2) samples shall be collected per day. The amount of sample events will be dependent on the type of work completed for each well rehabilitation. The HYDROGEOGOLOGIST will specify to the CONTRACTOR the amount of sample events required for a given well in accordance with Health Department regulations. Sample collection and handling procedures shall be in accordance with a state approved laboratory quality assurance plan by an experienced sampling technician. C. Water samples shall be analyzed by an approved independent certified laboratory in accordance with state and local regulations and in accordance with the methods published by AWWA. D. The CONTRACTOR shall continue to treat and conduct sample collection and analysis until a minimum of two (2) and up to ten (10) consecutive passing results are obtained. Any system disinfection (or any component thereof), sample collection or analysis required after an unsuccessful first attempt, shall be conducted at the CONTRACTOR's expense. END OF SECTION W 1957 Well Facility Disinfection 02780 - 3 SECTION 02785 FORMATION WATER DISPOSAL SYSTEM PARTI GENERAL 1.01 SCOPE OF WORK A. Provide labor, equipment and materials to furnish, assemble and maintain pumps and transmission piping as required to transmit formation water from the CONTRACTOR'S construction wellhead to CONTRACTOR'S settling tanks and to approved discharge locations adjacent to or near the well sites. B. The CONTRACTOR is prohibited from discharging brackish formation water to the ground surface at the drilling site. All formation water discharged from the well must be contained at all times and is to be directed to the designated discharge location using the CONTRACTOR'S formation water disposal system. C. After passing through the CONTRACTOR'S settling tanks, formation water will be discharged to the designated outfall location. Discharge water shall be clear and free of suspended solids and shall have a pH of no less than 6.5. The CONTRACTOR is required to monitor and measure turbidity throughout development to ensure turbidity is less than 29 NTU prior to discharge. Transfer pump(s) shall be used, as required, to pump discharge water to the designated outfall location if required. D. Development rates up to 3,000 gpm and step drawdown pumping rates up to 2,500 gpm are anticipated. The CONTRACTOR shall adequately size the filtration/temporary containment system and anticipate that at least 500 feet of appropriately sized discharge hose will be required to transmit discharge water to the outfall point. The CONTRACTOR shall set up and maintain discharge water transmission equipment, hoses and/or pipeline. E. The CONTRACTOR shall be responsible for monitoring during discharge operations including, but not limited to discharge flows, pH and turbidity of development water. Updated monitoring records shall be submitted weekly to the OWNER or HYDROGEOLOGIST and kept onsite at all times for inspection. F. Discharge water shall always be contained and under control by the CONTRACTOR. Any erosion that results from the discharge water shall be immediately repaired by the CONTRACTOR to its previous non -eroded condition. W 1957 Formation Water Disposal 02785 - 1 G. The CONTRACTOR shall employ Best Management Practices (BMPs) to mitigate potential turbidity and/or solids from entering any discharge location. The CONTRACTOR shall install and maintain settling tank(s), filtration unit(s), silt booms, curtains, or other means required to protect outfalls, storm sewers and/or surface water bodies receiving the discharge water. The discharge water shall not cause the turbidity of the receiving water body to exceed 29 nephelometric turbidity units (NTU) above background turbidity. H. The CONTRACTOR shall ensure that the discharge water does not impact adjoining property unless it is specifically approved by the OWNER, does not flood streets or impede any traffic flow in any way, and does not cause a nuisance in general. The CONTRACTOR shall monitor the discharge water disposal system continuously for leaks and possible problem areas. An inspection of the system may be conducted frequently by the OWNER/HYDROGEOLOGIST to observe its integrity. Operations must stop until noted deficiencies are corrected. It is, however, the CONTRACTOR'S responsibility to ensure the integrity of the system at all times. The CONTRACTOR shall provide safety measures and controls as needed. K. The CONTRACTOR is solely responsible, by any and all methods necessary, to meet the requirements for discharge of water. If the CONTRACTOR fails to fulfill proper requirements of discharge water, the CONTRACTOR is responsible for complete restoration of the discharge location to the original condition at no cost to the OWNER. L. CONTRACTOR is solely responsible for the removal of discharged solids from any discharge location and restoration of stormwater drains and/or discharge locations to its original condition to the satisfaction of the HYDROGEOLOGIST. M. The CONTRACTOR shall cease water discharge operations if weather conditions impede available capacity of the discharge location. 1.02 SUBMITTALS A. Submit a Best Management Practices (BMPs) plan including a schematic plan of all equipment, piping, silt and turbidity barriers planned for use during water discharge for approval by the OWNER and HYDROGEOLOGIST. B. Submit an in -line flow meter calibration report to the OWNER and HYDROGEOLOGIST indicating calibration within the last 60 days. W 1957 Formation Water Disposal 02785 - 2 C. Submit water quality monitoring records during discharge operations. Records include flow rates, total flows, and pH; turbidity monitoring of discharge water and receiving water body PART II PRODUCTS 2.01 EQUIPMENT A. The CONTRACTOR shall provide a temporary settling tank or tank(s), as required, for settlement of solids from the discharge water. Tank(s) shall be of sufficient volume required to manage the maximum rates of discharge from the well as defined in Sections 02760 and 02775 while providing for continuous treatment and disposal of formation water. Tank(s) shall be cleaned and free of solids prior to their use. B. The CONTRACTOR shall provide and maintain a transfer pump(s) capable of pumping the total volumes and anticipated maximum rates of discharge from the well as defined in Sections 02760 and 02775. The pump shall be used for transfer of water from the settling tanks to the designated discharge location. Pumps shall be capable of pumping water at the anticipated maximum rates of flow. Throttling devices shall be provided on the pumps to adjust the pumping rates accordingly. Valves shall be provided as needed to shut off flow and stop gravity drainage if necessary. C. The CONTRACTOR shall provide, operate and maintain as many pumps as required to transmit water from the well to the outfall location. The pumps shall be capable of pumping at the maximum rates for the elements of work contemplated herein. D. The CONTRACTOR shall furnish and install an in -line flow meter, calibrated within the last 60 days. Flow meter shall have a flow rate indicator and totalizer and be capable of measuring discharge rates at the maximum flow rate of the sediment control system in place. E. The CONTRACTOR shall employ all means necessary to minimize to the greatest extent possible erosion, turbidity at the outfall location, and containment of discharge solids, including, but not limited to, the use of turbidity barriers at the outfall. CONTRACTOR shall use an energy diffuser at the formation water disposal location to aid in minimizing erosion. The CONTRACTOR shall minimize impact to OWNER's facilities and fully restore all areas used for formation water discharge. W1957 Formation Water Disposal 02785 - 3 PART III EXECUTION 3.01 PREPARATION A. Reviewfinal discharge location with HYDROGEOLOGIST to confirm proper location and to minimize impact to site erosion. B. The CONTRACTOR shall be responsible for monitoring during discharge operations including, but not limited to discharge flows, pH and turbidity of development water. Updated monitoring records shall be submitted weekly to the Owner or Owner's representative and kept onsite at all times for inspection. Flow (in GPD) must be measured (actual or estimated) and recorded once per week when discharging. The flow rate cannot exceed the design flow rate of the sediment control system in place. The CONTRACTOR is required to monitor and measure turbidity throughout development to ensure turbidity is less than 29 NTU prior to discharge; pH shall not be less than 6.0 C. The CONTRACTOR shall use shall use BMPs and all means necessary to settle and clean discharge water prior to discharge to the outfalls and/or State Water bodies, including but not limited to use of the settling tanks and floating turbidity barriers properly installed in receiving water body. Well drilling activities shall be adjusted accordingly and corrective actions taken prior to any exceedances of Contract or permit requirements at the discharge outfalls and/or State Water bodies with respect to the CONTRACTOR'S discharge water. The CONTRACTOR shall employ all methods necessary to ensure the discharge water at the discharge point shall be clear, have a pH of no less than 6.0, less than 29 NTU turbidity and meet Contract requirements or permit conditions prior to discharge into the designated outfall location D. Discharge directly into storm water drains without setting systems shall not be permitted. E. The CONTRACTOR shall comply with any permits obtained by the OWNER as it relates to the Work of the CONTRACT. 3.02 CONSTRUCTION A. Assemble the transmission piping in accordance with the project drawings. Use high -density polyethylene (HDPE), fusion welded pipe, or other approved equivalent, that conforms to AWWA C906 or AWWA C905 for temporary formation water disposal piping. All fittings shall be fusion welded HDPE or approved equal. W 1957 Formation Water Disposal 02785 - 4 B. The CONTRACTOR shall be responsible for providing and maintaining driveway access and road crossings for the access roads and associated appurtenances. C. Discharge activities shall comply with specifications for all SFWMD ROW, roadway, and traffic controls. The CONTRACTOR shall take necessary precautions for the protection of the WORK and the safety of the public. 3.03 OPERATION A. The formation water disposal piping and/or hosing shall be monitored continuously for leaks and possible problem areas. A thorough inspection of the complete pipeline and/or hosing shall be conducted daily prior to startup. Repairs shall be made prior to use. B. The CONTRACTOR shall coordinate discharge formation water activities with the HYDROGEOLOGIST and OWNER. Operation of the Formation Water Disposal System shall be in accordance with the CONTRACT and appropriate federal, state and local regulations. If non-compliance occurs, discharge shall be discontinued until the monitor non-compliance levels are below permitted limits. The time required to comply will be considered incidental to the Work and shall not result in additional compensation to the CONTRACTOR. C. Pumps shall be capable of pumping water at the anticipated maximum rates of flow. Throttling devices shall be provided on the pumps to adjust the pumping rates accordingly. Valves shall be provided as needed to shut off flow and stop gravity drainage if necessary. D. Cleaning and disposal of discharge solids within the settling system shall be removed using a vacuum truck and disposed of in accordance with local, state, and federal regulations. Removal of these materials shall be considered incidental to the Work and shall not result in additional compensation to the CONTRACTOR. E. The formation water disposal system may require modifications based on site specific activity and associated quality and quantity of discharge water generated. The CONTRACTOR shall not be compensated for these modifications and the costs should be included in the Lump Sum cost associated with Pay Item Formation Water Disposal System. F. Cleaning of the storm water drains, drainage pipes, and/or outfall canals shall be performed by the CONTRACTOR following completion of construction activities. The costs should be included in the Lump Sum cost associated with Pay Item Formation Water Disposal System. W 1957 Formation Water Disposal 02785 - 5 END OF SECTION W 1957 Formation Water Disposal 02785 - 6 SECTION 02790 PRODUCTION WELL ACIDIZATION PART] GENERAL 1.01 SCOPE OF WORK A. Furnish all labor, equipment and materials required for acidization. B. The CONTRACTOR shall provide superintendents in the field with acidization experience who meet the minimum requirements as outlined in the Bidder's questionnaire form. C. The CONTRACTOR shall provide redundancy in onsite field equipment required to safely perform acidization. D. The CONTRACTOR is advised that acid treatment and associated setup includes pumping acid into the well, monitoring of the well, and removal, treatment and disposal of spent acid until discharge water returns to a consistent and repeated pH measurement of 6.5 or higher. Once discharge water has returned to an acceptable pH and specific conductance, the CONTRACTOR shall perform a specific capacity test to determine whether additional acid treatment is required. The post acidization specific capacity test shall be performed at a rate equal to the pre-acidization specific capacity test and prior to setting up for pump development. Acidization treatment shall be considered complete upon inspection and approval by the HYDROGEOLOGIST. All costs associated with acid treatment, including setup for, placement and purging of spent acid water and initial specific capacity test are to be included in the unit price for acid treatment setup. The CONTRACTOR shall not bill against pump development nor pump testing for time spent purging the well to remove spent acid and/or return to an acceptable pH and specific conductance. E. Upon completion of successful acid treatment as accepted and approved by the HYDROGEOLOGIST, the CONTRACTOR shall remove the acid treatment setup and continue to subsequent rehabilitation tasks including well development. The CONTRACTOR shall allow for up to five (5) work days, from the time that spent acid has been removed from the well and performing specific capacity testing, for the HYDROGEOLOGIST to determine whether additional acid shall be injected. W 1957 Production Well Acidization 02790 - 1 1.02 SUBMITTALS A. Acidization header drawing including location of acid line, water injection line, gas bleed line, associated pressure gauges, and other access ports as needed to complete the scope of work. B. Prior to each well acidization, CONTRACTOR shall provide plan for acidization, temporary acid storage, containment and safety plan for approval by HYDROGEOLOGIST. C. Provide all chemical manufacturer information including NSF Standard 60 Certification and the Material Safety Data Sheets (MSDS) for all chemicals proposed for use in the well. D. Provide acid transportation manifests and load weight tickets. PART II PRODUCTS 2.01 ACID A. Furnish HYDROGEOLOGIST approved quantity of 20 Baume strength, 32 percent hydrochloric acid (food service grade) perwell. The quantity of acid to be used for acid treatment will be determined by the HYDROGEOLOGIST B. The CONTRACTOR shall ensure proper design and containment of acid pumps, hoses, fittings and storage tanks and secondary containment to prevent spillage. C. Place chemical resistant PacTank (or equivalent) portable spill containment berm on ground where chemical transports and tanks are to be spotted. Additional containment berm shall be placed along hose routes, beneath hoses and fittings. 2.02 SODIUM BICARBONATE A. Furnish sufficient sodium bicarbonate to manually distribute around the wellhead, acid hoses, valves and truck to neutralize any acid in the event of a spill. B. After acidization, prepare a sodium bicarbonate solution to raise the pH of the well development water to an acceptable level for disposal (pH between 6.5 and 8.5). pH testing shall be performed by the CONTRACTOR under the direction of the HYDROGEOLOGIST. W 1957 Production Well Acidization 02790 - 2 2.03 ACID WELLHEAD A. The construction wellhead design for purposes of acid treatment shall include at a minimum the following components. 1. All fittings, ports and components shall provide a tight seal up to 100 psi. All access ports shall be fitted with isolation valves. 2. Shall facilitate the installation of steel acid tubing to a setting depth within the production zone. 3. Shall be capable of accepting water (backside water) near the top of the well casing and independent of the acid tubing and gas blowoff ports. The water injection location within the well shall be submerged at all times prior to, during and after acid treatment. The backside water discharge port shall be a minimum diameter of 2 inches 4. Shall facilitate the release of gas during excessive pressure buildup inside the well (gas blowoff). The gas blowoff port shall be located above the backside water injection port. The gas blowoff pipe shall be extended a minimum of 50 feet away from the work area, downwind from any potential immediate receptor and downwind of the designated safety zone. 5. Shall facilitate pressure monitoring at all times. Pressures shall be measured at or immediately below the gas blowoff port location. CONTRACTOR shall furnish and install appropriate instrumentation and material to monitor pressures within the designated acid treatment safety zone. PART III EXECUTION 3.01 PROCEDURE SEQUENCE A. The CONTRACTOR shall perform acid treatment of the production wells as designated by the OWNER. B. Each well will be treated using 10,000 gallons of 20 Baume strength acid. The amount of acid used may be adjusted based on results and individual well conditions as determined by the HYDROGEOLOGIST. C. Only one well shall be permitted to be out of service for rehabilitation at a given time unless otherwise specifically approved in writing by the OWNER. D. Coordinate with OWNER'S water plant operations staff to remove the OWNER selected well to be acidized from service, isolate the well from the W 1957 Production Well Acidization 02790 - 3 raw water main and disconnect power. Confirm with OWNER that power is disconnected, locked and tagged out. Review the CONTRACTOR plan for the removal and security of OWNER's well pumping equipment with the OWNER. E. Each well shall be treated at a strength determined by the HYDROGEOLOGIST between a minimum strength of 1 % hydrochloric acid and a maximum strength of 32% (20 Baume) hydrochloric acid. The CONTRACTOR shall include in the acidization plan the proposed procedure for adjusting the acid strength onsite. The plan shall include proposed methods to minimize degassing of the acid during mixing. The blend of hydrochloric acid outlined in the CONTRACTOR's acidization plan shall be based on requested blend ratios per the HYDROGEOLOGIST. The actual blend rate shall be dependent upon each individual well response to acid procedure in the field. F. The amount and strength of acid used may be adjusted based on results and individual well conditions as determined by the HYDROGEOLOGIST. G. The CONTRACTOR shall furnish and be capable of installing a sufficient length of steel acid tubing inside the well to place the base of tubing at any depth (down to the total depth of the well), as directed by the HYDROGEOLOGIST. Final length of drop tubing will be determined by the HYDROGEOLOGIST primarily based on the review of the pre-acidization video survey. The drop tubing shall be attached to a temporary CONTRACTOR provided water tight assembly. The CONTRACTOR provided temporary acidization wellhead assembly shall have access for drop tubing, a two-inch water injection line, a gas only relief line at the top of the wellhead; fluid relief line; and a pressure gage fitting. H. All access ports shall be fitted with isolation valves. The wellhead shall provide a tight seal up to 100 psi. Provide and install a pressure gage on the wellhead to monitor pressure at the wellhead. Set up systems and controls required for acidization including, but not limited to, temporary acid storage, containment, formation water treatment and disposal system, tanks, equipment, etc. required for acidization, monitoring, purging, neutralization and control as outlined in the CONTRACTOR's approved plan. The formation water treatment system shall be adequately sized so that acid can be removed from the well in one (1) day. The CONTRACTOR shall coordinate with the HYDROGEOLOGIST for inspection and approval of the setup prior to acidization of the well. Pump the HYDROGEOLOGIST approved quantity and strength of acid through the drop tubing. The pumping method shall not introduce ambient W 1957 Production Well Acidization 02790 - 4 air into the well. At all times the wellhead pressure shall be monitored and shall not exceed 50 psi. All equipment and materials must be approved by the HYDROGEOLOGIST. K. It is the intent of these specifications to allow for two methods of acidizing. One method includes injecting "high strength" (32%) acid with a shorter pumping duration and another method includes continuously injecting a weaker "blended acid" for a longer duration (up to 24 hours of continuous injection). The HYDROGEOLOGIST will coordinate with the CONTRACTOR on the initial acid method to be implemented prior to the CONTRACTOR setting up the acid equipment. The HYDROGEOLOGIST may require a different method based on the results of the first acid injection, should additional acidization be deemed necessary. The CONTRACTOR shall be capable of injecting acid at an approximate rate of 200 gpm (for a high strength acid) and be capable of injecting blended acid and water at a low rate for a duration up to 24 hours (for a lower strength acid). L. Provide adequate water supply to pump up to three (3) well casing volumes of chase water, plus the drop tubing capacity. This volume may be more or less depending on conditions and the acid reaction. The chase water shall be metered and pumped into the well simultaneously through the drop tubing and through the casing. The pumping rate shall be a minimum 200 gpm or as designated by the HYDROGEOLOGIST. Chase water shall be potable water, chlorinated to 1 mg/I available chlorine. Pump equipment must be capable of overcoming maximum pressure at wellhead if pressure increases during acidization procedure. M. If a second acid pump is to be performed, the CONTRACTOR shall purge the spent acid from the well between acid pumps until pH of the purged water is no less than 6.5, or as directed by the HYDROGEOLOGIST. The CONTRACTOR shall also perform a specific capacity test between acid pumps. N. Following acidization, the CONTRACTOR shall remove spent acid continuously and purge water shall have a pH of 6.5 within one (1) day of completing the acid injection. O. Casing pressures shall be monitored continuously by the CONTRACTOR for at least 6 hours following acid treatment or until pressures stabilize in the well, whichever is greater. If wellhead pressure increases during the monitoring period, the CONTRACTOR shall pump additional chase water into the well using the same method as Paragraph I. Excess gas pressure shall be bled off only if water injection does not dissipate pressure. A gas relief pipe shall be extended a minimum of 50 feet away from the work area, down wind from any potential immediate receptor. W 1957 Production Well Acidization 02790 - 5 P. Using the drop tubing, a water sample shall be collected by the HYDROGEOLOGIST for analysis 12 hours after completion of acid treatment. If required by the HYDROGEOLOGIST, the CONTRACTOR shall pump additional chase water into the well using the same method as Paragraph I. Q. Discharge well through the formation water disposal connection until water is clear with a pH of 6.5 or higher. Water with a pH below 6.5 shall be contained and treated using a sodium bicarbonate solution to neutralize residual acid or be removed from the site. Treated water shall only be discharged from the holding tank after approval by the HYDROGEOLOGIST. All discharge to the outfall location shall comply with all applicable discharge permits. CONTRACTOR shall remove spent acid within one (1) day. R. Purging of spent acid shall be considered complete when discharge water from the well is clear with a pH of 6.5 or higher, the specific conductance of the well is comparable to pre -acid treatment specific conductance values, and a specific capacity test has been conducted on the well to determine if additional acid treatment is necessary. S. The specific capacity test shall be performed using a calibrated flowmeter to measure flow rates. The CONTRACTOR shall also furnish and implement a secondary method to measure flow rates as approved by the HYDROGEOLOGIST. An acceptable secondary method could include an orifice weir and manometer, volumetric method and/or other methods approved by the HYDROGEOLOGIST. T. The CONTRACTOR shall provide a manometer tube for manual measurement of static water levels and flowing/pumping water levels above land surface. The CONTRACTOR shall provide a method of erecting the tube and also provide access for water level measurement throughout the specific capacity test. U. The specific capacity test shall be performed at a rate equal to the pre- acidization specific capacity test. The CONTRACTOR's discharge setup shall be capable of lowering water levels in the well to within one (1) foot above the top of the temporary wellhead discharge line during the specific capacity test. CONTRACTOR shall install and operate additional booster pumps as necessary. END OF SECTION W 1957 Production Well Acidization 02790 - 6 SECTION 02800 FLORIDAN AQUIFER WELL "KILL" PARTI GENERAL 1.01 SCOPE OF WORK A. The CONTRACTOR will lower the artesian head in the Floridan Aquifer production well using a concentrated salt water solution as specified herein. B Furnish all labor, equipment and materials required to "kill' the well. 1.02 SUBMITTALS A. Provide documentation on manufacturer of salt, type and the MSDS. B. Submit calculations to determine the estimated amount of salt needed to lower artesian head to the OWNER approved level. PART II PRODUCTS 2.01 SALT Furnish granular salt in 200 lb. sacks or as approved by the HYDROGEOLOGIST. Estimated quantity of salt needed shall be calculated by the CONTRACTOR and submitted as required above. PART III EXECUTION 3.01 GENERAL REQUIREMENTS A. All equipment and materials must be approved by the HYDROGEOLOGIST. B. Provide adequate potable water, chlorinated to 1 mg/I available chlorine for mixing salt solution. Tanks shall be clean and non ferrous material. C. Salt shall be completely dissolved prior to emplacement into well. D. Installation of solution shall continue until artesian level is at least 10 feet below land surface but not greater than 40 feet below land surface. E. At the direction of the HYDROGEOLOGIST, salt concentrate solution shall W 1957 Floridan Aquifer Well "Kill" 02800-1 be removed from the well by pumping and shall be disposed by the CONTRACTOR using an approved method and at no additional cost to the OWNER. Salt concentration that will be re -used within a well during a rehabilitation procedure should be retained by the CONTRACTOR in a safe, approved storage container until completion of the rehabilitation procedure. F. Salt concentrate solution shall not be removed from the well by adding freshwater to the top of the well to "roll' the salt plug. Removal of salt concentrate solution shall be complete when discharge water has returned to background conductivity as tested prior to emplacement of salt concentrate solution or as determined by HYDROGEOLOGIST. G. Prior to demobilizing from the well site, the CONTRACTOR shall have returned artesian level to original static condition or to level approved by the HYDROGEOLOGIST. END OF SECTION W 1957 Floridan Aquifer Well "Kill" 02800-2 TABLE 1 TOWN OF JUPITER FLORIDAN WELL CONSTRUCTION DETAILS Casing Details Completion Details Total Well # Type Dia. Depth Type Dia. Interval Top of Gravel Depth - (material) (inches) ( ) ( material) (inches) (feet) Riser -- Pack Size - (feet) - feet b1s or e - RO-2 Fiberglass 16 1032 Open hole 16 1032-1673 NA -Tv NA 1673 RO-3 Fiberglass 16 1017 Open hole 16 1017-1615 NA NA 1615 RO-4 Fiberglass 12 1065 Open hole 16 1065-1373 NA NA 1373 RO-5 Fiberglass /SS 12/ 8 1024/ 1451 pen hole p 12 1451-1665 NA NA 1665 RU-6 PVC 16/ 7011 Open hole 18/ 1465-1668 NA NA 1825 12 1 65 10 1668-1825 RO-7 PVC 16/12 1330 Open hole 18 1330-1663 NA NA 1663 RO-8 PVC 112/ 1295 Open hole 18 1295-1540 NA NA NA NA 1540 1520 RO-9 PVC 1z/ 1235 Open hole I8 1235-1520 RO-10 PVC 1z/ 1224 Open hole 18 1224-1617 NA NA 1617 RO-1 1 PVC 17.4 1 190 Open hole 14 1190-1453 NA NA 1453 RO-12 PVC 17.4 1170 Open hole 14 1 170-1411 NA NA 1411 RO-13 PVC 1 17.4 1 1145 Open hole 14 1145-1355 NA NA 1355 SS — Stainless Steel bls — Below land surface W 1957 Table 1 W1957 Floridan Well Rehabilitation Program DAILY PUMP DEVELOPMENT LOG GENERAL INFORMATION DATE: WELLOWNER:WPB CONTRACTOR:SED DEVELOPMENT HOURS: START (TIME): COMMENTS: WELL NAME: WELLFIELD: EWF SUPERVISOR: BARRETT GARRISON_ TIME ONSITE/OFFSITE: / END (TIME): TOTAL FOR DAY (HOURS): WELL DETAILS TOTAL DEPTH OF WELL (FT): CASING I.D. (IN):24" DEPTH TO BOTTOM OF CASING (FT): BLS/BTC- (circle one) DIAMETER OF BOREHOLE (IN): SCREEN I.D. (IN):N/A BL5/BTOC (circle one) DEVELOPMENT EQUIPMENT DATA PUMP TYPE: —SUBMERSIBLE / CENTRIFUGAL / TURBINE / JET / OTHER (circle one) PUMP DIAMETER (IN): PUMP SETTING DEPTH (FT): BLS/BTOC (circle one) COLUMN PIPE DIA. (IN) AND SETTING DEPTH (FT): DAILY READINGS GRAVEL PACK LEVEL (FT) @ Start of Day: BLS/BTOC (circle one) J @ End of day: BLS/BTOC (circle one) STATIC WATER LEVEL: BLS/BTOC (circle one) @ (TIME) Specific Capacity RATE (GPM): PUMPING WATER LEVEL (FT): BL5/BTOC (circle one) SPECIFIC CAPACITY (GPM/FT): DEVELOPMENT RECORD START SURGE (TIME) STOP SURGE (TIME) ROSSUM SAND TEST PUMPING WATER LEVEL (FT) TEST DURATION (MINUTES) SAND ACCUMULATION (MG) W 1957 Exhibit 1 JLA Geosciences, Inc. TOWN OF JUPITER W1957 FLORIDAN AQUIFER WELL DISINFECTION REPORTING FORM GENERAL INFORMATION WELL NAME:_ _DATE: WELLFIELD:_ SUPERVISOR: COMMENTS: WELL INFORMATION FOR CHEMICAL ESTIMATION DEPTH TO BOTTOM OF CASING (FT): DIAMETER OF BOREHOLE (IN): INSIDE DIAMETER OF CASING (IN): INSIDE DIAMETER OF SCREEN (IN): TOTAL DEPTH OF SCREEN (FT): DEPTH TO STATIC WATER LEVEL (FT): DEPTH TO TOP OF SCREEN (FT): CASING AND SCREEN VOLUME (GAL): LENGTH OF SCREEN (FT): TOTAL TREATMENT VOLUME VOLUME (GAL): DISINFECTION CHEMICAL DATA MANUFACTURER: PRODUCT NAME: AGE: DISINFECTION CHEMICAL TYPE: CONCENTRATION I%): EFFECTIVE CONCENTRATION DISINFECTION SOLUTION MIX MIX RATIO CALCULATED BY: TYPE OF EQUIPMENT TO BE DISINFECTED: BATCH 1 VOLUME OF CHEMICAL (GAL): VOLUME OF WATER (GAL): _ STRENGTH OF MIX (mg/L): TESTED PROPERTIES OF MIX: CHLORINE RESIDUAL (mg/L)= PH= TIME: SOLUTION APPLICATION METHOD: SOLUTION APPLICATION DEPTH: NOTES: BATCH 2 VOLUME OF CHEMICAL (GAL): VOLUME OF WATER (GAL): STRENGTH OF MIX (mg/L): TESTED PROPERTIES OF MIX: CHLORINE RESIDUAL (mg/L)= PH= _ TIME: SOLUTION APPLICATION METHOD: SOLUTION APPLICATION DEPTH: NOTES: BATCH 3 VOLUME OF CHEMICAL (GAL):__ VOLUME OF WATER (GAL):_ STRENGTH OF MIX (mg/L): TESTED PROPERTIES OF MIX: CHLORINE RESIDUAL (mg/L)= PH= TIME: SOLUTION APPLICATION METHOD: SOLUTION APPLICATION DEPTH: NOTES: WELL SURGING RECIRCULATION NUMBER OF SURGES: RECIRCULATION RATE: TIME OF SURGING: DURATION OF RECIRCULATION: SURGE WATER TESTING RECURCULTION WATER TESTING CHLORINE RESIDUAL (mg/L): CHLORINE RESIDUAL (mg/L): PH: PH: WELL PURGING DECHLORINATED DISCHARGE WATER DATE:_ DATE: TIME: TIME: PURGED WATER TESTING DISCHARGE WATER TESTING TOTAL CONTACT TIME IN WELL: DISCHARGE LOCATION: CHLORINE RESIDUAL (mg/L): CHLORINE RESIDUAL (mg/L): AL,,•«. PH: PH: .'TELL CHLORINATION SOLUTION IW mWLJbA GAL NXI0(12.5%) 110.6 LBS C:(CK2)2(22%) PER:000 GALWATER GRAVEL PACKC LOLINAIIGI SOLUTIOF111M m91L)_0. 6 GAL Nl O(12. 5%I OR 12 LES CyOO)2(72%) PER 1000 GALIVATER E DUIPMENT SPRAY CHLDRINATION SOLUTION (2DDI lL)=1.6 GAL NICIO (12.5%) OR 23 LBS CI(CIOIZ (T2%) PER LOOS GAL WATER IIA00 DETERIORATES AT APPROXIMATELY 5%TO 10% PER 30 DAYS OF SO -GE W 1957 Exhibit 2 JLA Geosciences, Inc. � all ffiM!��VR {. � f {9�. [may ,�,�'�' �, �• .A , I W-1��+ FLORIDAN AQUIFER ;SEVEN (7) LOCATIONS tv u �r Q4 SFWMD CANAL ROW "I HCTN qlLOCATION MAP f JUPITER AREA (('ITS "s,,��r�IF ayA :",tiffs on 1 ►� R� ��i i / Z{i��e ' gS�.-i. +k ram` r2, RIVERBEND PARK CO. 1 � i.,. . iva. r•� tt •v� tp,`�i��4 <J -f �' � yr,.a �'}� �tr,• � �:; ��f t ., 1 111 +�ar ... , 1�•/� / 1. � r �I^ '�-� • ����: ��•� DD[.: 'i51 i rr t J _ � 4fay■�•['� F c �.. 1 ., ',�.5e:'�� a=� I1 • Q ax w L f � �. f tom&- �4 � ' �.� fa/� � .. .. .i"i rwi.�. ' '��k.'�a�"�1 S+3t...sa �Jav�" .. �•�a..s.,;�.?�.._ r'� =��._� _`'t �.,.� ' &.�:,. 1�:1..! .'�.r,�., .. �';. I 1 �A '[SFr wi t[/.i•i, •�'Ir['i J:;a 1 :l�1 � •+ SUBDIVISION %Aar `t'� •. : � r '.. .. ........ � ` � Kni4:4la i1['V ,1. ^S v ', "Iw .. ...... 1-95 ai INTERCHANGE - ..�.,..,Aw_c •-- - N ROAD INDIANTOW � S.LR.W.C.D.OUTFALL DISCHARGE LOCATION JUPITER WATER PLANT .ZS, 7 S.F.W.M.D. 1. _ - 14' t, CANAL s. ,f I 1 - S.LR.W.C.D JUPITER RNS DRIVE - CANAL GADE - r +its,►` _ '�' IBM. __ - - Stt •. `FA 2 '��: i . h e �..�.,..c .ar^� r •�•v :t' r j Fes-- Ill s r W —1 IV - FA-3 1 JUPITER PARK DRIVE .__ 4L• I N '" TOWN OF JUPITER z Rw UTILITIES �o5h5/2o s 3 °M ��j;.,_ Wi95� LOXAHATCHEE Rw PROJECT LOCATION MAP ` 2 - _ RIVER DISTRICT _ FLORIDAN WELL REHABILITATION ROGRAMI SCW 1l=500 1" = 500' FA-2, FA-3, FAA FA-7, FA-10 Q 2 O. g LTR.1 RENSlONS DATE BY FOR Wall' DWG - ,-- - — - r-- _ .. • - /- — ,-- - - ' -- I--- ,--- '- -- � Z020 _ ,- -- --' DISCHARGE LOCATION S.F.W.M.D. C-18 CANAL WATER SURFACE EL • 13.5'-145' EDGE OF WATE - STOP OF BANK 0 1s' 30' _ DISCHARGE MANIFOLD DIRECTLY INTO CANAL TO AVOID BANK EROSION. FLOATING SILT BARRIER TO BE USED AT DISCHARGE LOCATION AS NECESSARY, SCALE-1'-30' FOR .Wx11' +/- 82' EXISTING MAINTENANCE ACCESS ROAD of_____ ________ 24• HDPE UNDERGROUND RAW WATER MAIN AND ELECTRIC GENERAL WORK/STAGING AREA SHALL 8E C• LIMITED TO EXISTING UTILITY EASEMENT 1% WELL SITE UTILITY EASEMENT_---------'l ^;.•' t 1 so, X 50' -:- -- -- --�---- STA. STA. 61+00,. 60+00 t� _ SOUTH FLORIDA WATER MANAGEMENT DISTRICT } RIGHT-OF-WAY BEFORE YOU DIG IT'S THE LAM C 1-800-432-4n0 WELL PUMP ON CONCRETE SLAB DISCHARGE LINE GENERAL ROUTE EQUIPMENT, PIPING, ETC. SHALL NOT BLOCK OR OBSTRUCT C-18 ACCESS ROAD EQUIPMENT MAY TEMPORARILY BE IN ROADWAY AREA DURING SETUP OR BREAKDOWN EXIST. IRRIGATION WELL �" ' - ATE 5 ELECT. PULL BOX FENCE f- 2" WELL SITE iOLATION VALVE i i SUPORTS vT ,-I I FPL TRANSFORMER PAD CONTROL CABINET ANTENNA AND FOOTER MAINTENANCE 2OAD J� ----------------- �> VELL SITE UTILITY EASEMENT 50, X 50, STA. 63+00 PALM BEACH COUNTY or�Opir TOWN OF JUPITERrQAt- FLORIDAN WELL 65/15/20 UTILITIES �° REHABILITATION PROGRAM DRAWN SFM Joe w1957 CHECKED BY Rw DRAWING 210 N IW�ARY 11L �A,FR """T 4m1;'41-ZV ('AW� FL�"A `� 0�� �Sf � TH-T)OS �ORID SITE PLAN FA-12 NO. REVISIONS DATE SCALE 1" =30' SHEET ®TOWN OF JUPITER S of 6 FLORDES-01 DPAILLER AFRO CERTIFICATE OF LIABILITY INSURANCE DATEi icing YYY) 5/21/2020 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 pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER N(2aACT Suzanne Nelson CAL Risk Management PHONE _....._._..---..__._--____ FAX _--_ ---_- 23 Eganfuskee Street AIC, No, Est): (561) 868-6291 Alc,NoZ(561) 427-6730 Suite 102ss: Snelson@calllc.com Jupiter, FL 33477 INSURERS AFFORDING COVERAGE__ _... � NAIC A _ INSURED Florida Design Drilling Corporation 7733 Hooper Rd. West Palm Beach, FL 33411 NSURERA:Zurich American Ins. Co, Navigators Specialty Insurance Co Aspen American Insurance Company rnvl=RA r.Fc CGRTIFICATG MIIMRGO• ocinCtAkl humRmcn- 36056 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS -MADE X:OCCUR GL0375970902 111/2020 111/2021 DAMAGE TO RENTED PREMISES (Ea occurrence).. 300,000 $ $ 10,000 MFD EXP (Any one ram) PERSONAL B ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIF APPLIES PER: $ 2,000,000 i GENERAL AGGREGATE POLICY PED El LOC PRODUCTS-COMP/OPAGG $ 2,000,000 " OTHER: A AUTOMOBILE LIABILITY COMBIBI EDtSINGLE LIMIT (EaX $ 1,000,000 ANY AUTO BAP375971002 1/1/2020 1/1/2021 BODILY INJURY (Por parson)$ OWNED SCHEDULED $ - AUTOS ONLY AUTOS BODILY INJURY (Per accident) HIRED I NON -OWNED OPERTY AMAGE AUTOS ONLY I AUTOS ONLY (Par accldentg $ PIP 10,000 13 I UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 4,000,000 ` X EXCESS LIAB_. _ CLAIMS -MADE LHADS8506 111/2020 1/1/2021 AGGREGATE $ 4,000,000 DIED FX RETENTION 0 A WORKERS COMPENSATION X PER OTH- STATUTE R AND EMPLOYERS' LIABILITY YIN WC375970802 111/2020 1/112021 1,000,000 ANY PROPRIMBERIPACLUDE EXECUTIVE OFFICERMEMBER EXCLUDED? N MIA E.L. EACH ACCIDENT $ _ (Mandatory In NH) 1,000,000 If yes. describe under E.L. DISEASE - EA EMPLOYEE $ $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT C Pollution Liability MP19ECP3075811C 111/2020 1/112021 Ea Incident $1M/Agg 2,000,000 D Equipment Floater IMZ211520 j 1/1/2020 1/1/2021 Rented/Leased Equip 1,500,000 ' DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES iACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Project: ITB (W1820B) Floridan Well Rehabilitation Program The certificate holder is included as additional insured for ongoing and completed operations on the general liability per UGL1175FCW 0413 and on the auto liability when required by written contract. General Liability is primary and non-contributory when required by written contract. Waiver of subrogation applies to General Liability, Auto, and Workers' Compensation when required by written contract. The Excess Liability policy extends over the General Liability, Auto, and Employers Liability coverages per policy forms and conditions. Cancellation applies per policy terms and conditions. The certificate holder has been expanded to read: Town of Jupiter, Owner and Engineer, and any other individuals or entities, officers, directors, partners, employees, agents, consultants and subcontractors. Town of Jupiter 210 Military Trail Jupiter, FL 33458 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD �r FLORIDA DRILLING COOPERATIVE CONTRACT AGREEMENT November 4, 2021 John Cairnes, P.E. Mock -Roos Consulting Engineers 5720 Corporate Way West Palm Beach, FL 33407 Mr. Cairns, This Letter serves notice Florida Design Drilling Corporation (FDD) approves the use of its Floridan Well Rehabilitation Program (W 1957) with the Town of Jupiter as a Cooperative Contract Agreement (Agreement) to be entered into by and between the Village of Tequesta Water Utilities whose address is 345 Tequesta Drive, Tequesta, FL 33469, AND FDD, a Florida Profit Corporation whose mailing address is 7733 Hooper Road, West Palm Beach, Florida 33411. The Contract is attached for reference. FDD understands the Village of Tequesta intends to use this as a contractual mechanism for FDD to perform well rehabilitation services for Upper Floridan Well(s) No. 2, 3 and 4. Kind Regards, Mike Black Senior VP 561.371.9985 mike@fldrilling.com 7733 Hooper Road, West Palm Beach, FL 33411 www.FLDrifing.com Phone: 561-844-2966 Fax: 5614W4-2%7 State of Florida Water Well Contractor #11148 State of Florida Certified General Contractor CGC1522104 EXHIBIT C DATE ISSUED: 8/20/2021 CHANGE ORDER NO. 1 EFFECTIVE DATE: 9/20/2021 OWNER: Town of Jupiter OWNER'S PROJECT NO.: W1957 CONTRACTOR: Florida Design Drilling Corporation PURCHASE ORDER #: N/A PROJECT NAME: Floridan Well Rehabilitation Program (W1957) The Contract is modified as follows upon execution of this Change Order: Description: Contract renewal for one (1) additional one (1) year term. Reason for Change Order: This change order implements the first allowable a cortract renewal for one (1) additional one (1) year term in accordance with the Contract provisions and adjusts the Contract Price for anticipated expenditures for the one year term renewal. There is no change to the contract unit prices with th s renewal. CHANGE IN CONTRACT PRICE Original Contract Price: $ 670,000.00 from previously approved Change Orders No. 0 to No. 0: $ 0.00 Contract Price prior to this Change Order: $ 670,000.00 Increase this Change Order: $ 350,000.00 Contract Price incorporating this Change Order: $ 1,020,000.00 APPROVED BY OWNER: By: — Rebecca J. Wilder, Town of Jupiter Title: Utilities Facilities Manager Date: 8/26/2021 CHANGE IN CONTRACT TIMES Original Contract —imes: Substantial Completion: September 20, 2021 Ready for final payment: October 20, 2021 from previously approved Change Orders No. 0 to No. 0: Substantial Completion: 0 Calendar Days Ready for final payment: 0 Calendar Days Contract Times pr or to this Change Order: Substantial Completion: September 20, 2021 Ready for final payment: October 20, 2021 Increase this Charge Order: Substantial Completion: 365 Calendar Days Ready for final payment: 365 Calendar Days Contract Times with all approved Change Orders: Substantial Completion: September 20, 2022 Ready for final payment: October 20, 2022 ACCEPTED BY CONTRACTOR: By: %%� Mike Black, Florida Design Drilling Corporation Title: Senior Vice PPresident 0 �/� � r/ --- Date: --� W1957—Change Order No. 1 Page 1 of 7 W1957 CHANGE ORDER NO. 1 (CONTINUED) Description of Changes and List of Supporting Documentation Change in Contract Price: Initial, Date Initial, Date Approved Increase/ PCO # Reason for Change Order (Decrease) Anticipated well rehabilitation and well mechanical repairs/replacements $350,000* expenditures for 151 Renewal Term Net Change in Total Contract Price for Change Order No. 1 $350,000* *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 Increase/ PCO # Reason for Change Order (Decrease) One-year contract term renewal 365 Calendar Days Net Change to Contract Time for Change Order No.1 365 Calendar Days Attachments: Table of Anticipated Estimated Annual Funding for Floridan Well Rehabilitation Program (W1957) Contract. 2. Bid Proposal Unit Prices Submitted by Florida Design Drilling Corporation for W1957 and incorporated into Contract Documents. The unit prices remain the same for this contract renewal. A copy of the language in Article 3.3 from the Agreement between the Town of Jupiter and Florida Design Drilling Corporation, which provides for the contract extension. W1957 — Change Order No. 1 Page 2 of 7 Initial, Date Initial, Date ATTACHMENT 1 4.3 The Owner reserves the right to purchase commodities/services specified herein through contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required within a short period than the delivery time specified in the Contract, and if the seller is unable to comply therewith, the Owner reserves the right to obtain such delivery from others without penalty or prejudice to the Owner or to the Bidder. Anticipated Estimated Funding Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Year Project Description Estimated Value Initial Term Well Rehabilitation & Investigation (CIP) $470,000 Well Mechanical Repairs & Replacements (Operating, R&M) $100.000 Unanticipated Emergency Repairs $100,000 Initial Term Estimated Total $670,000 151 Renewal Well Rehabilitation & Investigation (CIP) $150,000 Well Mechanical Repairs & Replacements (Operating, R&M) $100,000 Unanticipated Emergency Repairs $100,000 1s' Renewal Term Estimated Total $350,000 2nd Renewal Well Rehabilitation & Investigation (CIP) $150,000 Well Mechanical Repairs & Replacements (Operating, R&M) $110,000 Unanticipated Emergency Repairs $100,000 211 Renewal Term Estimated Total $360,000 Estimated Total Contract $1,380,000 SPACE INTENTIONALLY LEFT BLANK. PROCEED TO NEXT PAGE. W1957 — Change Order No. 1 Page 3 of 7 Initial, Date Initial, Date ATTACHMENT 2 r Bid Proposal Bidding Company Name: Florida Design Drilling Corporation Town of Jupiter Utilities 210 Military Trail Jupiter, FL 33458 Gentlemen: The undersigned, as Bidder, hereby declares that the only Persons, company, or parties interested in the Proposal or the Contract to be entered into, as principals, are named herein; and that this Proposal is made without connection with any other person, company, or parties making a Bid or Proposal; and that it is in all respects fair and in good faith without collusion or fraud. That the Bidder has carefully and to his full satisfaction examined the attached Instructions to Bidders, General Conditions, Supplementary Conditions, detailed Specifications, and Form of Contract and Bond, together with the accompanying plans, and that Bidder has read all addenda issued prior to the opening of Bids; and that Bidder 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: Furnish all permits, labor, equipment and materials necessary to investigate, rehabilitate, and/or maintain Upper Floridan Aquifer (UFA) production wells for the Town of Jupiter (OWNER), located in Jupiter, Florida. The work as specified includes, but is not limited to permitting; mobilization; removal of portions of the existing wellhead; removal of the drop pipe, and appurtenances; well kill(s) as required; down -hole video and geophysical logging under static and flowing conditions; plumbness and alignment testing of existing well casings, acid treatment of the completion interval; removal and treatment of the residual spent acid water; purging of the well, flow testing, formation water treatment and disposal system- (including temporary piping and pumps); reinstallation of the pump, drop pipe, wellhead ready for service; well facility disinfection, purging and bacteriological clearance; demobilization and restoration of well sites; and completion of all required work to the extent the well facility has been successfully rehabilitated, returned to service and accepted by the OWNER based on the intent of the contract documents. Additional well maintenance and rehabilitation activities may also include miscellaneous welding, mechanical repairs, and all other incidentals as outlined on the bid documents and all appurtenances necessary to complete the Work based on the intent of the contract documents. 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. Town ofJupifefUtllitles -- Florldan Well Rehabllitatlon Program (W1957) Page 20 W1957 — Change Order No. 1 Page 4 of 7 Initial, Date Initial, Date ATTACHMENT 2 (CONTINUED) Bid Schedule of Values - REVISED BY ADDENDUM NO.3 Floridan Aquifer Well Rehabilitation Program (W1957) The following schedule of bid items has been developed to allow the Town to equitably evaluate bids. Individual bid item unit costs will be used to establish the total cost of each scope of work developed to rehabilitate, investigate and/or maintain wells; work orders will be issued as authorization to proceed with the various scopes of work to be completed under this Contract. Town does not guarantee that estimated quantities shown will be utilized in full, or at ail. The Town may utilize some or all of these bid items for each scope of work, as the Town deems necessary. Item Estimated No. Item Description Unit Quantity Unit Price Extended Value 1 General Conditions 8 % of Total Bid Price* (Maximum Allowable 10%) LS 1 00,000.00 $ 30,000.00 2 Mobilization/Demobilization 6 %of Total Bid Price* (Maximum Allowable 8%) LS 1 $ 25,000.00 $ 25,000.00 3 Bonds and Insurance (Maximum Allowable 3%) LS 1 $ 9,500.00 $ 9,500.00 4 indemnification LS 1 $ 100.00 $ 100.00 5 Complete Removal and Re -installation of Wellhead Each 7 $ 15,000.00 105,000.00 $ 6 Perform Downhole Video Log Each 5 $ 3,500.00 $ 17,500.00 7 Perform Complete Geophysical Lo pLogging Each 3 7,500.00 $ $ 22,500.00 8 Perform Plumbness and Alignment Testing Each 4 $1,500.00 $ 6,000.00 9 Complete Setup, Placement and Removal for Full Strength Acidization Each 1 $12,500.00 $ 12,500.00 10 Complete Setup, Placement and Removal for Blended Acidization Each 1 $12,500.00 $ 12,500.00 11 Furnish Well Acid Gallon 20,000 $3.50 $ 70,000.00 12 Pump Develop Well Hour 40 $ 250.00 $ 10,000.00 13 Pump Testing Hour 20 $ 250.00 $ 5,000.00 Addendum No. 3 Floridan Well Rehabilitation Program (W1957) Page-3 of 14 W1957—Change Order No. 1 Page 5 of 7 Initial, Date Initial, Date ATTACHMENT 2 (CONTINUED) Bid Schedule of Values (Continued) — REVISED BY ADDENDUM NO. 3 Floridan Aquifer Well Rehabilitation Program (W1957) Item Item Description Unit Estimated Unit Price Extended Value No. Quantity 14 Modify Discharge Piping with 6-inch Stainless Steel Blow -off LS 1 $ 5,000.00 $ 5,000.00 15 Well Facility Disinfection Each 7 $ 3,000.00 $ 21,000.00 16 Bacteriological Sampling and Testing Each 7 $ 0.00 $ 0.00 17 Site Restoration Each 3 $ 1,000.00 $ 3,000.00 18 Certified Welding Services Hour 10 $ 200.00 $ 2,000.00 19 Licensed Electrician Services Hour 10 $ 200.00 $ 2,000.00 20 Furnish and Install Additional Discharge Pipe LF 1000 $ 2.50 $ 2,500.00 21 Extra work by Rehabilitation Crew (Foreman and one Crew Member) with Equipment Hour 10 350,00 $ 3,500.00 $ 22 Extra work by Rehabilitation Crew (Foreman and one Crew Member) without Equipment Hour 10 $ 250.00 $ 2,500.00 23 Standby Time with Rehabilitation Equipment and Crew On -Site Hour 10 $ 250.00 $ 2,500.00 24 Standby Time with Rehabilitation Equipment On -Site and Crew Off -Site Hour 10 25.00 $ 250.00 25 Unidentified Parts Allowance LS 1 $ 20,000.00 $ 20,000.00 Total Bid Price: (Item Nos. 1-25) = $ 389,850.00 'Bidder shall indicate the percentage (%) in the blank provided on the Bid Form for Pay Items 1 and 2. Refer to Section 01025 Measurement and Payment of the technical specifications for additional detail for all Pay Items Total Bid Price (Items 1-25) in Words: Three Hundred Eighty -Nine Thousand Eight Hundred Fifty Dollars and zero cents (The Total Bid Price is to be written in numerical figures above. In case of discrepancies or errors, the unit price bid item shall govern and the corrected Total Bid Amount shall be calculated as such.) Addendum No. 3 Floridan Well Rehabilitation Program (W1957) Page 4 of 14 W1957—Change Order No. 1 Page 6 of 7 Initial, Date Initial, Date ATTACHMENT 3 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 435 calendar days from the date of Notice to Proceed. Owner and Contractor may agree to renew the Contract in one (1) year (365 days) increments for a total of two (2) consecutive additional years, in accordance with the Town of Jupiter's Purchasing Policy and the terms of the original Contract. Renewals will be in writing by change order to the Contract and are subject to the same terms, conditions, and unit pricing set forth in the initial Contract and any written amendments/change orders signed by both parties (Owner and Contractor). No compensation shall be made for costs associated with renewal of the Contract. Renewals are contingent upon satisfactory performance evaluations by the Owner and subject to the availability of fiscal year funding approved by the Jupiter Town Council. Contractor may elect not to extend the Contract with 90 days written notice to Owner. Owner is not obligated to extend the Contract. 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 11 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 as a penalty) CONTRACTOR shall pay OWNER Seven Hundred and Fifty 00/100 dollars ($750.00) for each day that expires after the time specified in Paragraph 3.1 for substantial completion until the Work is substantially complete, and Five Hundred 00/100 dollars ($500.00) for each day that expires after the time specified in Paragraph 3.1 from the date of final completion until the work has reached final completion. Final completion includes demobilization from the site. Owner may withhold payment to compensate for liquidated damages either by increasing the amount of money being held in retainage or deduct the amount due in Liquidated Damages from the final payment application. Liquidated damages under this Contract apply to each the substantial completion date and the final completion date. 3.6 The provision of Liquidated Damages for delay shall in no manner affect the TOWN's right to terminate the CONTRACT. The OWNER'S exercise of the right to terminate shall not release the CONTRACTOR from his obligation to pay Liquidated Damages. It is further agreed that the OWNER may deduct from the balance of the CONTRACT sum held by the OWNER the Liquidated Damages stipulated herein or such portions as said balance will cover. ARTICLE 4. CONTRACT PRICE. 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds according to the Contract Unit Prices. 4.2 No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open end Contract. Estimated quantities will be used for Bid comparison purposes only. The Owner reserves the right to issue Work Orders as and when required for proposed work for any or all bid items or any combination thereof. Work under this Contract is subject to fiscal appropriation by the Jupiter Town Council in either or both the Town's Community Investment Program (CIP) and fiscal year Town of Jupiter Utilities Floridan Well Rehabilitation Program (W1957) Page 45 W1957—Change Order No. 1 Page 7 of 7