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Agreement_Water Service_5/8/2025_Membrane Treatment Srvcs
VILLAGE OF TEQUESTA AGREEMENT FOR CHEMICAL CLEANING AND REPAIR OF RO AND NF MEMBRANE SYSTEMS THIS AGREEMENT FOR chemical cleaning and repair of RO and NF membrane systems is entered into and effective this 22 day of April , 2025 (the "Effective Date"), 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 Membrane Treatment Services, LLC, a corporation licensed to do business within the State of Florida with offices located at 1042 Grandview Boulevard,Fort Pierce,FL 34982 ,hereinafter the "Contractor", "MTS" 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 provide chemical cleaning and repair of RO and NF membrane systems and as more particularly described in Exhibit "A" to this document. pursuant to all applicable statutory, licensing, and Village code requirements. The Parties agree to enter into this Agreement pursuant to the Town of Jupiter Florida agreement W2406 which is hereby fully incorporated into this Agreement and attached hereto as Exhibit"A". 2. COMPENSATION: In consideration for the above Scope of Services, pricing shall be pursuant to the prices provided in the Town of Jupiter Florida agreement W2406 found in Exhibit "A". Contractor agrees that the goods or services requested may be in greater or lesser amounts then those specifically outlined in W2406. The goods or services requested shall be delivered/performed in a per order basis in a manner and location acceptable to the Village on or before the requested"Performance Date". 3. TERM; TERMINATION; NOTICE: The Town of Jupiter MTS Agreement began on October 1st, 2023, for a term of two years expiring on October 1st, 2025. The agreement contains one (1) additional (2) two year terms and one (1) additional one (1) year term available. This Page 1 of 9 agreement shall commence upon the Effective Date, and shall expire on October 1', 2025. This Agreement may be terminated by either party upon 30 days written notice to the other party.Notice shall be considered sufficient when sent by certified mail or hand-delivered to the Parties during regular business hours at the following addresses: Village Contractor Village of Tequesta Membrane Treatment Services,LLC 345 Tequesta Drive 1024 Grandview Boulevard Tequesta, FL 33469 Fort Pierce,FL 34982 Attn: Utilities Director 4. CHANGE ORDERS: Seller is aware that price and time are of the essence in this contract and that prompt and timely performance of all such obligations is strictly required. If conditions change that would require an increase in price, scope, or time for performance Seller must notify the Village in writing detailing the conditions that have changed and requesting a change order to the contract within 30 days prior to any requested performance date "Change Order Deadline". Change orders submitted after the change order deadline will not be considered. Seller shall not proceed with any change to its obligations under a change order request unless documented in a Change Order executed by both Parties. If Seller requests a change order prior to the change order deadline Village at its discretion may accept the change order as is or with modifications,deny the change order, re-advertise and re-solicit providers for the required goods or services or terminate this contract. If the Village elects to re-advertise and re-solicit the need for goods or services the Village will have 90 days "Solicitation Period" in which to accept the contemplated change order or terminate this contract. At any time after execution of this Agreement but prior to Seller's delivery of the Goods,the Village reserves the right at its discretion to change,modify,revise add, or remove any part of its order for the Goods as described by this Agreement and any Exhibits, if applicable. If any such change to the Village's order causes an increase or decrease in the cost of the Goods or causes a change in the time required for delivery of the Goods,the Village shall make an equitable adjustment in the contract price, the delivery schedule, or both.Any change to the Village's order for the Goods and any subsequent equitable adjustment to the terms of this Agreement shall be effectuated through a written Amendment to this Agreement as executed by both Parties pursuant to Section 15. of this Agreement. Page 2 of 9 5. INSURANCE: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts required under the Town of Jupiter agreement W2406 and shall name the Village as an"additional insured" on the liability portion of the insurance policy. 6. 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. 7. 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. 8. DISCRIMINITORY VENDOR'S: In accordance with Section 287.134,Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 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 discriminatory vendor lists maintained by the State of Florida Department of Management Services list. 9. 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 agree that this Agreement is not a contract for employment and that no relationship of employee- Page 3 of 9 employer or principal-agent is or shall be created hereby,nor shall hereafter exist by reason of the performance of the services herein provided. 10. INSPECTOR GENERAL: Pursuant to Sections 2-421-2-432 of the Palm Beach County Code of Ordinances, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts, and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 11. 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 sub-consultants an affidavit stating that the sub-consultant 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 sub-consultant 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 sub-consultant and the Contractor shall immediately terminate its contract with the sub-consultant. 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. Page 4 of 9 ..x w.._.. W..u..• .� 12. 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 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 $1 M,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. 13. 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. 14. 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. 15. 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. 16. AMENDMENTS AND ASSIGNMENTS: This Agreement, all Exhibits attached Page 5 of 9 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. 17. PUBLIC RECORDS: In accordance with Section 119.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Scope of Services. Upon request from the Village's custodian of public records, the Contractor must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A Contractor who fails to provide the public records to the Village, or fails to make them available for inspection or copying,within a reasonable time may be subject to attorney's fees and costs pursuant to Section 119.0701, Florida Statutes, and other penalties under Section 119.10, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the provision of services contemplated herein 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 CONTRACT, PLEASE CONTACT THE VILLAGE CLERK, Page 6 of 9 RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-06859 OR AT lmcwilliams(ateguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 18. HEADINGS: The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting, or enforcing this Agreement. 19. 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. 20. 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. 21. ENTIRE AGREEMENT: This eight page Agreement 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. 22. AUTHORITY TO OBLIGATE: Each person signing this agreement on behalf of either Party individually warrants that he or she has the full legal power to execute this agreement on behalf of the Party for whom he or she is signing and bind and obligate such party with respect to all provisions contained in this agreement. Page 7 of 9 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date and year first above written. MEMBRANE TREATMENT SERVICES, LLC WITNESSES: - By (Print): D_7 MEMBRANE TREATMENT SERVICES, LLC (Corporate Seal) Page 8 of 9 VILLAGE OF TEQUESTA Jeremy /\ I I e Digitally signed by Jeremy Allen / Date:2025.04.22 10:17:43-04'00' By: Jeremy Allen, Village Manager Village of Tequesta Page 9 of 9 EXHIBIT A � F fll�o ' R. UNIT PRICE CONTRACT FOR MEMBRANE SERVICES ( W2406 ) Executed Contract J U LY 2023 JIM KURETSKI MAYOR CHERYL SCHNEIDER VICE-MAYOR RON DELANEY COUNCILOR CAMERON MAY COUNCILOR MALISE SUNDSTROM COUNCILOR FRANK J. KITZEROW TOWN MANAGER AMANDA Z. BARNES INTERIM UTILITIES DIRECTOR TABLE OF CONTENTS Technical Specifications Index.............................................................................................................................3 Invitationto Bid...................................................................................................................................................4 Instructionsto Bidders ........................................................................................................................................6 BidProposal.......................................................................................................................................................20 BidSchedule of Values..................................................................................................................................21 List of Subcontractors/Suppliers ...................................................................................................................22 QualificationRequirements...........................................................................................................................23 ContractorSafety Qualification Form............................................................................................................34 ContractorE-Verify Affidavit.........................................................................................................................37 SubcontractorE-Verify Affidavit....................................................................................................................38 SwornStatement...........................................................................................................................................39 Noticeof Intent to Award..................................................................................................................................41 Noticeof Award.................................................................................................................................................42 Agreement(Contract) Between Owner and Contractor...................................................................................43 Opinionof Town Attorney.................................................................................................................................50 Noticeto Proceed (NTP)....................................................................................................................................51 General Conditions to EJCDC Standard General Conditions(2018 Edition) Supplementary Conditions Technical Specifications Appendices Town of Jupiter Utilities Unit Price Contract for Membrane services(W2406) Page 2 Technical Specifications Index SECTION TITLE DIVISION 1—GENERAL REQUIREMENTS 01010 Summary of Work 01025 Measurement and Payment 01030 Hurricane Preparedness 01070 Abbreviations 01090 Reference Standards 01300 Submittals 01400 Quality Control 01500 Construction Considerations 01510 Temporary Utilities 01520 Maintenance of Facilities and Sequence of Construction 01530 Protection of Existing Facilities 01550 Site Access and Storage 01570 Traffic Regulations and Maintenance of Traffic -- 01600 Material and Equipment DIVISION 2 THROUGH 17—NOT USED APPENDICES APPENDIX A Water System Service Area Location Map APPENDIX B DOW Membrane Cleaning and Product Information (For Bidders Reference) Town of Jupiter Utilities Unit Price Contract for Membrane services(W2406) Page 3 TOWN OF JUPITER FCORIDA Invitation to Bid Sealed bids will only be accepted at the Town Clerk's Department, 210 Military Trail,Jupiter, Florida 33458: Unit Price Contract for Membrane Services(W2406) Until 2:15 PM, Local Time,August 81h,2023 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 and in electronic format, 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 August 8`h, 2023 at 2:15 PM .. Unit Price Contract for Membrane Services (W2406) The nature and scope of this project is: Perform in place chemical cleaning of reverse osmosis(RO)and nanofiltration(NF)membranes,- troubleshooting and repair of RO and NF membrane systems including but not limited to pressure vessel leaks, instrumentation, sample panels, instrument panels, etc., utilizing one or a combination of unit price bid items for the provision of labor, tools and equipment as described by the Bidding Documents. Materials under this contract may be procured directly by the Owner, or Contractor may be requested to provide price proposals for materials based on specific work scopes, unless otherwise stated in the Bid Documents. Contractor shall make crews available to perform non-emergency work within a reasonable time of Owner's request. Crews for emergency work shall be made available immediately upon Owner's request. There is no guarantee as to any amount of work to be performed under this contract. Work under this contract is subject to annual appropriations by the Jupiter Town Council. The initial term of this continuing services contract is two calendar years. Provisions for contract renewals for one additional two year term and one additional one year term are provided for in this contract. Bid Documents will be available on July 11"',2023 through DemandStar at www.demandstar.com.Bid Documents can be downloaded by registering with DemandStar for a free agency subscription for the Town of Jupiter. Hard copies may be purchased from www.demandstar.com or by emailing demandStar@onvia.com. _ A pre-bid meeting will be held on July 20`h, 2023 at 10:00 AM at the Water Treatment Facility, WTP Offices Conference Room, located at 17403 Central Blvd,Jupiter, FL 33458. Attendance at the pre-bid meeting is not a requirement for bid qualification; however, bidders are encouraged to attend. Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) Page 4 All questions concerning the bid shall be directed to Chris McKenzie, Utilities Systems Manager, in writing, by email (chrism@iupiter.fl.us). Questions delivered by email should contain the name of the Project/Bid in the subject heading of the email and be sent with a read receipt to ensure successful receipt of the email by the Town.Clarification and changes to the bid documents will occur by addendum through www.Demandstar.com, if needed. T 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. b By Order of the Town Council,Town of Jupiter Laura E.Cahill,Town Clerk PUBLISHED: Palm Beach Post on July 9, 2023 m„ Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) Page 5 o aOF1Un� UTILITIES DEPARTMENT ZORIOO ' ADDENDUM NO. 1 TO CONTRACT DOCUMENTS ISSUED: JULY 26, 2023 PROJECT TITLE: UNIT PRICE CONTRACT FOR MEMBRANE SERVICES (W2406) TO: ALL PLAN HOLDERS OF RECORD This addendum shall modify, clarify, change, or add information and become part of the above referenced Contract Documents. Acknowledge receipt of this Addendum in the space provided on the Bid Proposal form. The Contract Documents shall include the following: IN THE FRONT ENDS TECHNICAL SPECIFICATIONS INDEX DELETE the Technical Specifications Index in its entirety and REPLACE it with the revised Technical Specifications Index included with this addendum. This removes 1090 — Reference Standards, 1200 — Project Meetings and 1700 — Project Closeout. This adds 1070—Abbreviations and 1570-Traffic Regulations and Maintenance of Traffic. IN THE TECHNICALS SPECIFICATIONS _ TECHNICAL SPECIFICATIONS DELETE all the Technical Specifications in their entirety and REPLACE them with the revised Technical Specifications included with this addendum. This removes 1090 — Reference Standards, 1200 — Project Meetings and 1700 — Project Closeout. This adds 1070—Abbreviations and 1570-Traffic Regulations and Maintenance of Traffic. THIS SPACE IS INTENTIONALLY LEFT BLANK. PROCEED TO NEXT PAGE. PROJECT W2406,ADDENDLINI NO.11 PAGE 1 OF 2 Technical Specifications Index .� SECTION TITLE DIVISION 1—GENERAL REQUIREMENTS 01010 Summary of Work 01025 Measurement and Payment 01030 Hurricane Preparedness 01070 Abbreviations 01090 Reference Standards 01300 Submittals 01400 Quality Control 01500 Construction Considerations 01510 Temporary Utilities 01520 Maintenance of Facilities and Sequence of Construction 01530 Protection of Existing Facilities 01550 Site Access and Storage 01570 Traffic Regulations and Maintenance of Traffic 01600 Material and Equipment DIVISION 2 THROUGH 17—NOT USED APPENDICES APPENDIX A Water System Service Area Location Map APPENDIX B DOW Membrane Cleaning and Product Information (For Bidders Reference) PROJECT 2406,ADDENDUM NO.11 PAGE 2 OF 2 SECTION 01010 SUMMARY OF WORK PART 1 -- GENERAL 1.1 THE REQUIREMENT A. The Work to be performed under this Contract shall consist of furnishing all tools, equipment, materials, supplies, and manufactured articles; for furnishing all transportation and services, including fuel, power, water, and essential communications; and for the performance of all labor, work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. The Work shall be complete, and all work, materials, and services not expressly shown or called for in the Contract Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally so specified or shown, at no increase in cost to the Owner. 1.2 SCOPE A. Provide miscellaneous Membrane Services, replacements and /or installations for the Town's Membrane Treatment Plants on an as need basis utilizing one or a combination of a number of unit price bid items. Work may include RO and Nano membrane systems troubleshooting and related chemical systems, RO and Nano membrane cleaning services, cleaning and passivating stainless steel piping, Cleaning of odor control scrubbers and interior packing and other assistance as may be needed on an hourly basis for labor, tools and equipment and as described by the Contract Documents. Crews and equipment shall be available on an as needed basis with no guarantee by _ the Town of the amount of usage. Work may include non-emergency and emergency work. The Town may direct purchase materials for non-emergency work with the Contractor providing the materials list. For emergency work, Contractor may be asked to purchase the materials after providing the Owner estimates of such. This is a two-year continuing services contract with the provision for contract extensions as described in the bid documents. .. B. It is the intent of the Owner to obtain complete and working installations under this Contract and any items of labor, materials, or equipment which may reasonably be assumed as necessary to accomplish this Work shall be supplied whether or not specifically shown on the Drawings or described herein. Maintenance of existing operations is mandated throughout the construction period. 1.3 WORK BY OTHERS A. The Contractor shall cooperate fully with all utility forces of the Owner or other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities which interfere with the progress of the Work, and shall schedule the Work so as to minimize interference with said relocation, altering, or rearranging of facilities. W2406 01010- B. When two or more contracts are being executed at the same time on the same or adjacent land in such a manner that work on one contract may interfere with that on another, the Owner shall determine the sequence and order of the work. When the territory of one contract is the necessary or convenient means of access for the execution of another contractor, such privilege of access or any other reasonable privilege may be granted by the Owner to Contractor. 1.4 LOCATION OF THE PROJECT The project is located on the water treatment plant site in and around the Nanofiltration Process Building and in and around the Reverse Osmosis Process Building. 1.5 CONTRACT DRAWINGS (Not Used) 1.6 CONTRACTOR FURNISHED MATERIAL AND EQUIPMENT A. 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. Procedures and additional requirements regarding manufacturer's experience and substitutions are included in Section 01300 entitled "Submittals". 1.7 ITEMS SPECIFIED ON DRAWINGS (Not Used) 1.9 TIME OF WORK A. Contractor is expected to work between the hours of 7:00 a.m. and 5:00 p.m. EST, -- Monday through Friday. All work requiring inspections or Owner coordination shall occur between 8:00 am and 4:00 on 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 72 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. 1.10 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. For accessing the plant site the GC will be responsible to get his workers and subs onto the site (the GC will be issued two gate badges at the pre-work meeting). Workers and subs should not use the call button to access the site. Workers and subs must check in with the GC so that the GC can provide the Owner with the number of workers on the W2406 01010- site each day. This is necessary for safety in the event of a site evacuation due to chlorine leak or other reason. 1.11 CONSTRUCTION PERMITS, EASEMENTS AND ENCROACHMENTS 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 Indemnity Bond(s). 1.12 PARTIAL UTILIZATION OF THE WORK BY OWNER _ A. The Contractor is hereby advised that the Owner may accept the responsibility for the maintenance and protection of a specific portion of the project if utilized prior to completion. However, the Contractor shall retain full responsibility for satisfactory operation of the total project. PART 2— PRODUCTS- (Not Used) PART 3-- EXECUTION - (Not Used) -- - END OF SECTION - W2406 01010- SECTION 01025 MEASUREMENT AND PAYMENT PART 1 --GENERAL �- 1.1 GENERAL A Payments to the Contractor shall be made on the basis of the Unit Price bid items as full and _ complete payment for furnishing all 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 the prosecution of the Work until the final acceptance by the Owner. -� B. The prices stated in the proposal include all costs and expenses for taxes, labor,equipment, 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 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 in the Contract Documents. Unit prices were used will be applied to the actual quantities furnished and installed in conformance with the Contract Documents. 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 Proposal or Basis of Payment, he shall include the cost for that Work in the last Bid Item for each construction package so that his proposal for the project does reflect his total price for completing the Work in its entirety. 1.2 MEASUREMENT A. The quantities for payment under this Contract shall be determined by actual measurement of the completed items, in place, ready for service, and accepted by the Owner in accordance with the Schedule of Payment Values as described in Section 01300, entitled "Submittals"unless otherwise specified. A representative of the Owner shall witness all field measurements taken by the contractor. 1.3 PAYMENT ITEMS BASE BID ITEMS: A. Bid Item No. 1 -Indemnification: In recognition of Contractor's indemnification obligations, Owner will pay to Contractor the specific consideration of one hundred dollars ($100.00). Payment of said specific consideration shall be made at the time of the payment of the first progress estimate. Contractor's acceptance of payment shall serve as acknowledgement of Contractor's indemnification of Owner under this Contract. ^ W2406 01025-1 B. Bid Item No. 2 — Insurance: The work included in this Item includes the costs of required insurance as outlined in the Contract Documents. Payment for this item shall be made at the Contract Unit Price on the first progress estimate provided evidence of proper insurance has been provided to Owner and is current. C. Bid Item No. 3—Reverse Osmosis(RO) Membrane Cleaning Services/Train: Work for this item shall include all labor and tools required to perform cleaning in place (CIP) of RO membranes in accordance with the membrane manufacturer's recommendations including but not limited to reviewing cleaning procedures with Owner, set up and removal of hoses/piping between cleaning tanks and RO train, set up and removal of hoses/piping from RO train to disposal location, handling and mixing of cleaning chemicals, documentation of cleaning procedures employed, site cleanup, and return of train to service. Owner will supply cleaning chemicals, hoses, fittings, and other materials necessary to complete connections between cleaning tanks and RO trains. Owner will be available on site to .. provide guidance to Contractor for set up and cleaning operation procedures. Payment of this item will be made at the Contract Unit Price for each train CIP completed, and accepted by Owner. D. Item No.4—Nanofiltration(NF) Membrane Cleaning Services/Train: Work for this item shall include all labor and tools required to perform cleaning in place(CIP) of NF membranes in accordance with the membrane manufacturer's recommendations including but not limited to reviewing cleaning procedures with Owner, set up and removal of spool pieces, handling and mixing of cleaning chemicals, documentation of cleaning procedures employed, site cleanup, and return of the train to service. Owner will supply cleaning chemicals and spool pieces. Owner will be available on site to provide guidance to Contractor for set up and cleaning operation procedures. Payment of this item will be made at the Contract Unit Price for each train CIP completed, and accepted by Owner. E. Item Nos. 5&6—Troubleshooting and Repairing RO/NF Membrane Systems:Work for this item shall include all labor,tools, and equipment to provide other services, at an hourly rate, -- as requested to address other membrane system issues not specifically identified by other bid items, including but not limited to troubleshooting and repairing pressure vessel leaks, troubleshooting and replacing malfunctioning instrumentation and equipment, troubleshooting and repairing/replacing sample and instrumentation panels, and troubleshooting and repairing pilot units. Cleaning of odor control scrubbers and interior packing. Payment will be made at the Contract Unit Price per hour for the provision of a one-man crew or a two-man crew, depending on what the issue requires as agreed to by the Owner and Contractor. Contractor shall provide Owner with a proposal for troubleshooting based on the issue(s) presented by Owner. Owner shall provide written acceptance of each troubleshooting proposal prior to Contractor performing troubleshooting services. Contractor shall provide Ownerwith a written detailed proposal for repair services including labor, equipment,tools, and materials based on discoveries made during troubleshooting and Contractor's recommendations for correction. W2406 01025-2 1.4 NONPAYMENT FOR REJECTED OR UNUSED PRODUCTS A. Payment will not be made for following: 1. Loading, hauling, and disposing of rejected material. 2. Rejected loads of material, including material rejected after it has been placed by reason of failure of Contractor to conform to provisions of Contract Documents. 3. Material not unloaded from transporting vehicle. 4. Defective Work not accepted by Owner. 5. Material remaining on hand after completion of Work. 1.5 PARTIAL PAYMENT FOR STORED MATERIALS AND EQUIPMENT A. Partial Payment: No partial payments will be made for materials and equipment delivered or stored under this Contract.B. Final Payment:Will be made only for products incorporated in Work;remaining products,for which partial payments have been made, shall revert to Contractor unless otherwise agreed, _ and partial payments made for those items will be deducted from final payment PART 2—PRODUCTS-(Not Used) PART 3--EXECUTION_-(Not Used) - END OF SECTION- W2406 01025-3 SECTION 01030 HURRICANE PREPAREDNESS —. PART 1 -- GENERAL 1.1 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 Engineer and Owner a Hurricane Preparedness Plan. 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. C. In the event of inclement weather, or whenever the Owner shall direct, the Contractor shall, and will, cause Subcontractors to protect carefully the Work and materials against damage or injury by reasons of failure on the part of the Contractor or any Subcontractor to so protect the Work. Such Work and materials so damaged 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 equipment on the job site that may pose a danger. In addition, the Contractor shall remove all bulkheads and plugs in pipelines that would impede drainage in the case of flooding. Structures that may be in danger of floatation shall be flooded. The Contractor shall also cooperate with the Owner in protecting any other structures at the site. 2. Hurricane Warning: No mobile "temporary facility" under the control of or on the property of the Owner shall be staffed during a hurricane warning. Contractor facilities meeting these criteria shall be evacuated. Reasonable steps shall be taken to protect all such facilities and their contents from damage and to avoid the facility causing damage to the surroundings. D. PART 2 -- PRODUCTS - (Not Used) _. PART 3 — EXECUTION - (Not Used) - END OF SECTION- W2406 01030-1 SECTION 01070 ABBREVIATIONS PART 1 --GENERAL 1.01 THE REQUIREMENT A. The following is a partial list of typical abbreviations which may be used in the Specifications, and the organizations to which they refer: AASHTO - American Association of State Highway and Transportation Officials ACI - American Concrete Institute ACIFS - American Cast Iron Flange Standards AFBMA - Anti-Friction Bearing Manufacturer's Association AGA - American Gas Association AGMA - American Gear Manufacturers Association AIA - American Institute of Architects '— AISC - American Institute of Steel Construction AISI - American Iron and Steel Institute ANSI - American National Standard Institute API - American Petroleum Institute ASCE - American Society of Civil Engineers ASHRAE - American Society of Heating, Refrigeration, and Air Conditioning Engineers — ASME - American Society of Mechanical Engineers ASTM - American Society for Testing and Materials ASM - American Society for Metals AWWA - American Water Works Association CEMA - Conveyor Equipment Manufacturer's Association CRSI - Concrete Reinforcing Steel Institute DIPRA - Ductile Iron Pipe Research Association FDEP - Florida Department of Environmental Protection FDOT - - Florida Department of Transportation _ Fed Spec - Federal Specifications IEEE - Institute of Electrical and Electronic Engineers IPCEA - Insulated Power Cable Engineers Association ISO - Insurance Services Offices W2406 01070-1 NBS - National Bureau of Standards NEC - National Electric Code NEMA - National Electrical Manufacturers Association OSHA - Occupational Safety and Health Act PCI - Precast Concrete Institute UL - Underwriters Laboratories, Inc. USGS - United States Geological Survey PART 2— PRODUCTS (NOT USED) PART 3--EXECUTION (NOT USED) - END OF SECTION- W2406 01070-2 SECTION 01090 REFERENCESTANDARDS PART 1 --GENERAL 1.01 THE REQUIREMENT A. Wherever reference is made to any published standards,codes, or standard specifications, it shall mean the latest standard code, specification,or tentative specification of the technical society, organization, or body referred to,which is in effect at the date of invitation for Bids. B. All materials, products, and procedures used or incorporated in the work shall be in strict conformance with applicable codes, regulations, specifications, and standards. C. A partial listing of codes, regulations, specifications, and standards includes the following: Air Conditioning and Refrigeration Institute(ARI) Air Diffusion Council(ADC) Air Moving and Conditioning Association(AMCA) The Aluminum Association(AA) American Architectural Manufacturers Association(AAMA) American Concrete Institute(ACI) American Gear Manufacturers Association(ALMA) American Hot Dip Galvanizers Association (AHDGA) American Institute of Steel Construction, Inc. (AISC) American Iron and Steel Institute(AISI) American National Standards Institute(ANSI) _ American Society of Civil Engineers(ASCE) American Society of Heating,Refrigerating and Air-Conditioning Engineers,Inc.(ASHRAE) American Society of Mechanical Engineers (ASME) American Society for Testing and Materials (ASTM) American Standards Association(ASA) —• American Water Works Association (AWWA) W2406 01070-1 American Society for Metals(AMS) American Wood-Preserver's Association(AWPA) ._ Anti-Friction Bearing Manufacturers Association(AFBMA) Building Officials and Code Administrators(BOCA) Consumer Product Safety Commission (CPSC) Factory Mutual(FM) Federal Specifications Florida Building Code(FBC) Instrument Society of America(ISA) Institute of Electrical and Electronics Engineers(IEEE) National and Local Fire Codes Lightning Protection Institute(LPI) National Electrical Code(NEC) National Electrical Manufacturer's Association (NEMA) National Electrical Safety Code(NESC) National Electrical Testing Association (NETA) National Fire Protection Association (NFiPA) Regulations and Standards of the Occupational Safety and Health Act(OSHA) Southern Building Code Congress International, Inc.(SBCCI) Sheet Metal&Air Conditioning Contractors National Association(SMACCNA) Standard Building Code Standard Mechanical Code Standard Plumbing Code Uniform Building Code(UBC) -- Underwriters Laboratories Inc. (UL) W2406 01090-2 D. Contractor shall,when required,furnish evidence satisfactory to the Engineer that materials and methods are in accordance with such standards where so specified. E. In the event any questions arise as to the application of these standards or codes, copies shall be supplied on-site by the Contractor. ^� PART 2-- PRODUCTS (NOT USED) PART 3--EXECUTION (NOT USED) - END OF SECTION- W2406 01090-3 SECTION 01550 SITE ACCESS AND STORAGE PART 1 --GENERAL 1.01 SITE ACCESS A. The Contractor shall make its own investigation of the condition of available public and private roads and of clearances, restrictions, bridge load limits, and other limitations affecting transportation and ingress and egress to the site of the Work. It shall be the •— Contractor's responsibility to construct and maintain any haul roads required for its construction operations. 1.03 CONTRACTOR'S WORK AND STORAGE AREA A. Responsibility for protection and safekeeping of equipment and materials at or near the '^ site will be solely that of the Contractor, and no claim shall be made against the Owner by reasons of any act of an employee or trespasser. Should an occasion arise necessitating access to an area occupied by stored equipment and/or materials, the Contractor shall immediately move them. B. Contractor shall coordinate with the Owner for the proper storage area location. C. Upon completion of the Contract, the Contractor shall remove from the storage areas all of its equipment, temporary fencing, surplus materials, rubbish, etc., and restore the areas as specified. PART 2—PRODUCTS,- (Not Used) PART 3—EXECUTION_- (Not Used) - END OF SECTION - W2406 01550-1 SECTION 01570 TRAFFIC REGULATIONS AND MAINTENANCE OF TRAFFIC PART 1 — GENERAL 1.01 TRAFFIC CONTROL ,.. A. The Contractor shall obey all traffic laws and comply with all the requirements, rules, and regulations of the Florida Department of Transportation, Palm Beach County, Martin County and other local authorities having jurisdiction, to maintain adequate warning signs, lights, barriers, etc., for the protection of traffic on public roadways and in the project areas. B. The Contractor shall maintain traffic and protect the public from all damage to persons and property within the Contract Limits, in accordance with the Contract Documents and all applicable state, county, and local regulations. He shall conduct his operations so as to maintain and protect access for vehicular and pedestrian traffic, to and from all properties and business establishments adjoining or adjacent to those streets affected by his operations, and to subject the public to a minimum of delay and inconvenience. Suitable signs, barricades, railing, etc., shall be erected and the work outlined by adequate lighting at night. Danger lights shall be provided as required. Watchmen and flagmen shall be provided as may be necessary for the protection of traffic. C. The Contractor shall be responsible for enforcing on-site parking regulations. The Contractor and his personnel are cautioned against parking vehicles in business zones for extended periods of time. If necessary, the Contractor shall obtain off-site parking ... areas for his personnel. D. All dirt spilled from the Contractor's trucks onto existing pavements shall be removed by the Contractor whenever, in the opinion of the Owner, the accumulation is sufficient to '^ cause the formation of mud, dust, or interference with traffic or create a traffic hazard. PART 2—PRODUCTS - (Not Used) PART 3— EXECUTION - (Not Used) - END OF SECTION - ^' W2406 01570-1 SECTION 01600 EQUIPMENT AND MATERIALS PART 1 --GENERAL 1.1 GENERAL A. All equipment, materials, instruments, or devices incorporated in this project shall be new and unused, unless indicated otherwise in the Contract Documents. B. Equipment and materials to be incorporated in the Work shall be delivered sufficiently in advance of their installation and use to prevent delay in the execution of the Work, and they shall be delivered as nearly as feasible in the order required for executing the Work. C. The Contractor shall protect all equipment and materials from deterioration and damage. The equipment and materials shall be handled and stored by the manufacturer, fabricator supplier, and Contractor before, during, and after shipment to prevent warping, twisting, bending, breaking, chipping, rusting, and any injury, damage or theft of any kind whatsoever. Any equipment exhibiting any of the above shall be removed and replaced at the Contractor's expense for both labor and materials. 1.2 STORAGE A. The Contractor shall store his equipment and materials at the jobsite in accordance with the manufacturer's recommendations and as directed by the Owner. He shall not store unnecessary materials or equipment on the jobsite and shall prevent any structure from being overloaded and endangering the safety of his personnel. The Contractor shall enforce the instructions of the Owner and the Engineer regarding the posting of regulatory signs for loadings on structures, fire safety,and smoking areas. -� 1.3 HANDLING AND MAINTENANCE A. The manufacturer's storage instructions shall be carefully followed and any deviations shall -, be approved by the manufacturer in writing with a copy to the Owner. Equipment with moving parts shall be rotated per the manufacturer's recommendations while in storage and during the period between installation and acceptance. B. All equipment shall be stored fully lubricated unless otherwise instructed by the manufacturer. Lubricants shall be changed upon completion of installation and as frequently as required thereafter during the period between installation and acceptance. New lubricants shall be put into the equipment at the time of acceptance. PART 2 —PRODUCTS - (Not Used) PART 3—EXECUTION -(Not Used) - END OF SECTION - W 1749 01600-1 APPENDIX A SITE LOCATION MAP 3 ¢ pe, CL > w O > CL cu m _ m �= _ o Q5 Z zw I / Q U -- ¢O SS a - a o � I `O m 1 a E E � 6 m t � � 2 c Y m m y 3: O APPENDIX B DOW MEMBRANE CLEANING INFORMATION This information is provided for 6. Cleaning and Sanitization APPENDIX B Bidder's Reference. -- 6,1 Introduction The surface of a reverse osmosis(RO)membrane is subject to fouling by foreign materials that may be present in the feed —. water,such as hydrates of metal oxides,calcium precipitates,organics and biological matter. The term"fouling"includes the build-up of all kinds of layers on the membrane surface,including scaling. Pretreatment of the feed water prior to the RO process is basically designed to reduce contamination of the membrane surfaces as much as possible. This is accomplished by installing an adequate pretreatment system and selecting optimum operating conditions,such as permeate flowrate,pressure and permeate water recovery ratio. Occasionally,fouling of the membrane surfaces is caused by: • Inadequate pretreatment system • Pretreatment upset conditions — • Improper materials selection(pumps, piping,etc.) • Failure of chemical dosing systems • Inadequate flushing following shutdown • Improper operational control • Slow build-up of precipitates over extended periods(barium,silica) • Change in feed water composition • Biological contamination of feed water The fouling of membrane surfaces manifests itself in performance decline,lower permeate flowrate and/or higher solute passage. Increased pressure drop between the feed and concentrate side can be a side effect of fouling. Cleaning can be accomplished very effectively because of the combination of pH stability and temperature resistance of the membrane and the element components. However,if cleaning is delayed too long, it could be difficult to remove the foulants -- completely from the membrane surface, Cleaning will be more effective the better it is tailored to the specific fouling problem. Sometimes a wrong choice of cleaning chemicals can make a situation worse. Therefore,the type of foulants on the membrane surface should be determined prior to cleaning. There are different ways to accomplish this: Analyze plant performance data. Details are given in Section 8.2,Evaluation of System Performance and Operation. • Analyze feed water. A potential fouling problem may already be visible there. • Check results of previous cleanings. • Analyze foulants collected with a membrane filter pad used for SDI value determination(see Section 2.5.1). • Analyze the deposits on the cartridge filter. • Inspect the inner surface of the feed line tubing and the feed end scroll of the FILMTECTm element. If it is reddish- brown,fouling by iron materials may be present. Biological fouling or organic material is often slimy or gelatinous. 6.2 Safety Precautions 1. When using any chemical indicated here or in subsequent sections,follow accepted safety practices. Consult the -- chemical manufacturer for detailed information about safety,handling and disposal, 2. When preparing cleaning solutions,ensure that all chemicals are dissolved and well mixed before circulating the solutions through the elements. 3. It is recommended the elements be flushed with good-quality chlorine-free water(20°C minimum temperature)after cleaning. Permeate water or deionized water is recommended. Care should be taken to operate initially at reduced flow and pressure to flush the bulk of the cleaning solution from the elements before resuming normal operating pressures and flows. Despite this precaution,cleaning chemicals will be present on the permeate side following cleaning. Therefore,the permeate must be diverted to drain for at least 30 minutes or until the water is clear when starting up after cleaning. ... Page 121 of 181 T"®Trademark of The Dow Chemical Company("Dow")or an affiliated company of Dow Form No.609-00071-0416 4. During recirculation of cleaning solutions,there are temperature and pH limits. Please refer to Table 6.1. 5. For elements greater than 6 inches in diameter,the flow direction during cleaning must be the same as during normal operation to prevent element telescoping because the vessel thrust ring is installed only on the reject end of the vessel. This is also recommended for smaller elements. Equipment for cleaning is illustrated below. Table 6.1 pH range and temperature limits during cleaning Max Temp 50°C(122°F) Max Temp 45°C(113T) Max Temp 35°C(95 T) Max Temp 25QC(77°F) .., Element type pH range pH range pH range pH range BW30,BW30LE,LE,XLE, Please contact Dow for 1-10.5 1-12 1-13 TW30,TW30HP,NF90 assistance •• SW30HR,SW30HR LE, Please contact Dow for 1-10.5 1-12 1-13 SW30XLE,SW30 assistance NF200,NF270 Not allowed 3-10 1-11 1—12 .., 6.3 Cleaning Requirements In normal operation,the membrane in reverse osmosis elements can become fouled by mineral scale,biological matter, colloidal particles and insoluble organic constituents.Deposits build up on the membrane surfaces during operation until they cause loss in normalized permeate flow,loss of normalized salt rejection,or both. Elements should be cleaned when one or more of the below mentioned parameters are applicable: • The normalized permeate flow drops 10% • The normalized salt passage increases 5—10% • The normalized pressure drop(feed pressure minus concentrate pressure)increases 10—15% If you wait too long,cleaning may not restore the membrane element performance successfully. In addition,the time between cleanings becomes shorter as the membrane elements will foul or scale more rapidly. Differential Pressure(AP)should be measured and recorded across each stage of the array of pressure vessels. If the feed channels within the element become plugged,the AP will increase. It should be noted that the permeate flux will drop if feedwater temperature decreases.This is normal and does not indicate membrane fouling. A malfunction in the pretreatment,pressure control,or increase in recovery can result in reduced product water output or an increase in salt passage.If a problem is observed,these causes should be considered first.The element(s)may not require cleaning.A computer program called FTNORM is available from FilmTec for normalizing performance data of FILMTECT" RO membranes.This program can be used to assist in determining when to clean and can be downloaded from our web site (www.filmtec.com). — 6.4 Cleaning Equipment The equipment for cleaning is shown in the cleaning system flow diagram(Figure 6.1). The pH of cleaning solutions used with FILMTEC'm elements can be in the range of 1 —13(see Table 6.1),and therefore, non-corroding materials of construction should be used in the cleaning system. Page 122 of 181 10 Trademark of The Dow Chemical Company("Dow")or an affiliated company of Dow Form No.609-00071-0416 Figure 6.1 Cleaning system flow diagram Permeate To Sioracp Tanh (tbrmal�7peralon j p+etm eafe To Clean Ill gg Tan h ([lean h g Operalon) y Con cen tale Permeate To Drah -- Ran Storage Tan h Con cen tale (tdormal Operalon) To Clean Ill g Tan h +F (CleanhgOperalon) Tan h Is man, VI _- DP Differential Pressure Gauge TANK Chemical Mixing Tank,polypropylene or FRP FI Flow Indicator IH Immersion Heater(may be replaced by cooling FT Flow Transmitter(optional) coil for some site locations) PI Pressure Indicator TI Temperature Indicator V1 Pump Recirculation Valve,CPVC TC Temperature Control V2 Flow Control Valve,CPVC LLS Lower Level Switch to shut off pump V3 Concentrate Valve,CPVC 3-way valve SS Security Screen-1 00 mesh V4 Permeate Valve,CPVC 3-way valve PUMP Low-Pressure Pump,316 SS or V5 Permeate Inlet Valve.CPVC non-meta8iccomposite V6 Tank Drain Valve,PVC,or CPVC CF Cartridge Filter,5-10 micron polypropylene with V7 Purge Valve,SS,PVC,or CPVC PVC,FRP,or SS housing 1. The mixing tank should be constructed of polypropylene or fiberglass-reinforced plastic(FRP). The tank should be provided with a removable cover and a temperature gauge. The cleaning procedure is more effective when performed at a warm temperature,and it is recommended that the solution be maintained according to the pH and temperature guidelines listed in Table 6.1. It is not recommended to use a cleaning temperature below 20°C because of the very slow chemical kinetics at low temperatures. In addition,chemicals such as sodium lauryl sulfate might precipitate at low temperatures. Cooling may also be required in certain geographic regions,so both heating/cooling requirements must be considered during the design. A rough rule of thumb in sizing a cleaning tank is to use approximately the empty pressure vessels volume and then add the volume of the feed and return hoses or pipes. For example,to clean ten 8- inch-diameter pressure vessels with six elements per vessel,the following calculations would apply: A.Volume in Vessels Vvessei =;cr21;where r=radius;I=length 3.14(4 in.)2(20 ft)(7.48 gal/ft3) ... Vvessei — 144 in.2/ft2 Vessel=52 gal/vessel ^, Vlovessels=52 x 10=520 gal(1.97 m3) B.Volume in Pipes,assume 50 ft length total;4-in.SCH 80 pipe -. Vwpe =7cr2/;where r=radius;/=length 3.14(1.91 in.)2(50ft)(7.48 gal/ft3) Vp,pe= 144 in.2/ft2 Vpipe=30 gal(0.11 m3) Vlovessels.pipe=520+30=550 gal(2.1 M3) Therefore,the cleaning tank should be about 550 gal(2.1 m3). Page 123 of 181 -mG,Trademark of The Dow Chemical Company("Dow")or an affiliated company of Dow Form No.609.00071-0416 2. The cleaning pump should be sized for the flows and pressures given in Table 6.2,making allowances for pressure loss in the piping and across the cartridge filter. The pump should be constructed of 316 SS or nonmetallic composite polyesters. Table 6.2 Recommended feed flowrate per pressure vessel during high flowrate recycle Feed pressure' Element diameter Feed flowrate per pressure vessel psig bar inches gpm m31h 20-60 1.5-4.0 2.5 3-5 0.7-1.2 20-60 1.5-4.0 42 8-10 1.8-2.3 20-60 1.5-4.0 6 16-20 3.6-4.5 20-60 1.5-4.0 8 30-45 6.0-10.2 20-60 1.5-4.0 83 35-45 8.0-10.2 1. Dependent on number of elements in pressure vessel. 2. 44nch fullfit elements should be cleaned at 12—14 gpm(2.7—3.2 m3 hr). 3. For fullfit and 440 ft2 area elements. 3. Appropriate valves,flow meters and pressure gauges should be installed to adequately control the flow. Service lines may be either hard-piped or hoses. In either case,the flowrate should be a moderate 10 ft/s(3 m/s)or less. 6.5 Cleaning Steps There are six steps in the cleaning of elements: 1. Make up cleaning solution. 2. Low-flow pumping.Pump mixed, preheated cleaning solution to the vessel at conditions of low flowrate(about half of �- that shown in Table 6.2)and low pressure to displace the process water. Use only enough pressure to compensate for the pressure drop from feed to concentrate.The pressure should be low enough that essentially no or little permeate is produced.A low pressure minimizes redeposition of dirt on the membrane. Dump the concentrate,as necessary,to prevent dilution of the cleaning solution. 3. Recycle.After the process water is displaced,cleaning solution will be present in the concentrate stream.Then recycle the concentrate and permeate to the cleaning solution tank and allow the temperature to stabilize. Measure the pH of the solution and adjust the pH if needed. 4. Soak.Turn the pump off and allow the elements to soak.Sometimes a soak period of about 1 hour is sufficient.For difficult fouling an extended soak period is beneficial;soak the elements overnight for 10—15 hours.To maintain a high temperature during an extended soak period,use a slow recirculation rate(about 10%of that shown in Table 6.2). 5. High-flow pumping.Feed the cleaning solution at the rates shown in Table 6.2 for 30—60 minutes.The high flowrate flushes out the foulants removed from the membrane surface by the cleaning. If the elements are heavily fouled, a flowrate which is 50%higher than shown in Table 6.2 may aid cleaning.At higher flowrates,excessive pressure drop may be a problem.The maximum recommended pressure drops are 15 psi per element or 50 psi per multi-element vessel,whichever value is more limiting.Please note that the 15 psi per element or the 50 psi per multi-element vessel should NOT be used as a cleaning criteria. Cleaning is recommended when the pressure drop increases 15%. Pressure drop above 50 psi in a single stage may cause significant membrane damage. 6. Flush out. RO permeate or deionized water is recommended for flushing out the cleaning solution. Pre-filtered raw water or feed water should be avoided as its components may react with the cleaning solution: precipitation of foulants may occur in the membrane elements. The minimum flush out temperature is 20°C. Page 124 of 181 "' Trademark of The Dow Chemical Company("Dow")or an affiliated company of Dow Form No.609-00071-0416 6.6 Cleaning Tips 1. It is strongly recommended to clean the stages of the RO or NF system separately.This is to avoid having the removed foulant from stage 1 pushed into the 2nd stage resulting in minimal performance improvement from the cleaning. If the system consists of 3 stages,stage 2 and stage 3 should also be cleaned separately. For multi-stage systems,while each stage should be cleaned separately,the flushing and soaking operations may be done simultaneously in all stages. Fresh cleaning solution needs to be prepared when the cleaning solution becomes turbid and/or discolored. High-flow recirculation,however,should be carried out separately for each stage,so the flowrate is not too low in the first stage or too high in the last.This can be accomplished either by using one cleaning pump and operating one stage at a time,or by using a separate cleaning pump for each stage. 2. The fouling or scaling of elements typically consists of a combination of foulants and scalants,for instance a mixture of organic fouling,colloidal fouling and biofouling.Therefore, it is very critical that the first cleaning step is wisely chosen. FilmTec strongly recommends alkaline cleaning as the first cleaning step.Acid cleaning should only be applied as the first cleaning step if it is known that only calcium carbonate or iron oxide/hydroxide is present on the membrane elements. Acid cleaners typically react with silica,organics(for instance humic acids)and bioftlm present on the membrane surface which may cause a further decline of the membrane performance.Sometimes,an alkaline cleaning may restore this ... decline that was caused by the acid cleaner,but often an extreme cleaning will be necessary.An extreme cleaning is carried out at pH and temperature conditions that are outside the membrane manufacturer's guidelines or by using cleaning chemicals that are not compatible with the membrane elements.An extreme cleaning should only be carried out as a last resort as it can result in membrane damage. If the RO system suffers from colloidal,organic fouling or biofouling in combination with calcium carbonate,then a two- step cleaning program will be needed:alkaline cleaning followed by an acid cleaning.The acid cleaning may be performed when the alkaline cleaning has effectively removed the organic fouling,colloidal fouling and biofouling. 3. Always measure the pH during cleaning.If the pH increases more than 0.5 pH units during acid cleaning,more acid needs to be added. If the pH decreases more than 0.5 pH units during alkaline cleaning,more caustic needs to be added. 4. Long soak times.It is possible for the solution to be fully saturated and the foulants can precipitate back onto the membrane surface. In addition,the temperature will drop during this period,therefore the soaking becomes less effective. It is recommended to circulate the solution regularly in order to maintain the temperature(temperature should not drop more than 5°C)and add chemicals if the pH needs to be adjusted. 5. Turbid or strong colored cleaning solutions should be replaced.The cleaning is repeated with a fresh cleaning solution. 6. If the system has to be shut down for more than 24 hours,the elements should be stored in 1%w/w sodium metabisulftte solution. �. Page 125 of 181 T"°Trademark of The Dow Chemical Company("Dow")or an affiliated company of Dow Form No.609-00071-0416 6.7 Effect ofpH on Fou/ant Removal In addition to applying the correct cleaning sequence(alkaline cleaning step first),selecting the correct pH is very critical for optimum foulant removal. If foulant is not successfully removed,the membrane system performance will decline faster as it is easier for the foulant to deposit on the membrane surface area. The time between cleanings will become shorter, resulting in shorter membrane element life and higher operating and maintenance costs. Most effective cleaning allows longer system operating time between cleanings and results in the lowest operating costs. Figure 6.2 and 6.3 below show the importance of the selecting the right pH for successful cleaning. Figure 6.2 Effect of pH on the removal of calcium carbonate 2 6 — ... 3 E € 1.6 n a c 1 t 0.5 ¢e 0 2%citric HCl QpH HCIQpH 2, HCIQpH 1, HCI(pH1, acidepH 4, 2.5,35C 35C 25C 35C 40C Recommended Cleaning Conditions Less Effective More Effective Calcium carbonate is best removed by cleaning with hydrochloric acid at pH 1 —2. Figure 6.3 Effect of pH on the removal of biofouling 3 16 0 d 14 is £ 12 $ 10 rn 8 ❑2%STPP+0.8% NaEDTA 35C a 6 > m 4 d o: 2 01. pH 10 pH 11 pH 12 Less Effective More Effective Biofouling is best removed by cleaning at pH 12. Page 126 of 181 Trademark of The Dow Chemical Company("Dow')or an affiliated company of Dow Form No.609-00071.0416 6.8 Cleaning Chemicals Table 6.3 lists suitable cleaning chemicals. Acid cleaners and alkaline cleaners are the standard cleaning chemicals. Acid cleaners and alkaline cleaners are the standard cleaning chemicals.The acid cleaners are used to remove inorganic precipitates including iron,while the alkaline cleaners are used to remove organic fouling including biological matter. Sulfuric acid should not be used for cleaning because of the risk of calcium sulfate precipitation. Reverse osmosis permeate or deionized water should be used for the preparation of cleaning solutions. Table 6.3 Simple cleaning solutions Cleaner 0.1%(W)NaOH 0.1%(W)NaOH 0.2%(W) 1.0%(W) 0.5%(W) 1.0%(W) and 1.0% (W) and 0.025%(W) HCI,25°C and Na2S204,25-C H3PO4,25°C NH2S03H,25°C Na4 EDTA,pH Na-DSS,pH 12, pH 1—2 and pH 5 and and pH 3-4 12,35°C max. 35°C max. pH 1—2 �— Foulant Inorganic Salts(for example,CaCO:) Preferred Alternative Alternative Sulfate Scales(CaSO4,BaSO4) OK Metal Oxides(for example,iron) Preferred Altemative Alternative Inorganic Colloids(sift) Preferred Silica Altemative Preferred Biofilms Altemative Preferred Organic Altemative Preferred The temperatures and pH listed in Table 6.3 are applicable for BW30,BW30LE,LE,XLE,TW30,TW30HP,SW30HR, SW30HR LE,SW30XLE,SW30 and NF90 membrane elements.For more information regarding the allowed temperatures and pH for cleaning,please refer to Table 6.1. Notes: 1. (W)denotes weight percent of active ingredient. 2. Foulant chemical symbols in order used:CaCO3 is calcium carbonate;CaSO4 is calcium sulfate;BaSO;is barium sulfate. 3. Cleaning chemical symbols in order used:NaOH is sodium hydroxide;Na4EDTA is the tetra-sodium salt of ethylene diamine tetraacetic acid and is available from The Dow Chemical Company under the trademark VERSENE i 1 100 and VERSENE 220 crystals;Na-DSS is sodium salt of dodecylsulfate;Sodium Laurel Sulfate;HCl is hydrochloricacid(MuraticAcid);H3PO4 is phosphodc add;NH2SO3H is sulfamic acid;Na2S204 is sodium hydrosulrite. 4. For effective sulfate scale cleaning,the condition must be caught and treated early.Adding NaCI to the cleaning solution of NaOH and Na4EDTA may help as sulfate solubility increases with increasing salinity.Successful cleaning of sulfate scales older than 1 week is doubtful. 5. Citric Add is another cleaning altemative for metal oxides and calcium carbonate scale. It is less effective. It may contribute to biofouling especially when it is not property rinsed ouL 6.9 Cleaning Procedure for Specific Situations 6.9.1 General Considerations Each cleaning situation is different;therefore,specific cleaning recommendations are dependent on the type of foulant. Consult the general cleaning instructions for information that is common to all types of cleaning such as suggested equipment,pH and temperature limits and recommended flowrates;then apply the specific recommendation as needed. 6.9.2 Sulfate Scale -� The following cleaning procedure is designed specifically for a system that has had sulfate scale precipitated in the elements. Sulfate scales are very difficult to clean,and if their presence is not detected early,the likelihood of cleaning success is very low. More than likely,a flow loss will occur that cannot be recovered. To regain performance of the membrane system,it may take several cleaning and soak cycles. Cleaning Procedure There are seven steps in cleaning elements with sulfate scale. Page 127 of 181 "40 Trademark of The Dow Chemical Company("Dow")or an affiliated company of Dow Form No.609-00071-0416 1. Make up the cleaning solution listed from Table 6.4. 2. Introduction of the cleaning solution. 3. Recycle the cleaning solution for 30 minutes. 4. Soak the elements in the cleaning solution for 1 —15 hours. 5. High-flow pumping. 6. Flush out. 7. Restart. ^ Table 6.4 Sulfate scale cleaning solutions Cleaning solutions Solution Preferred 0.1 wt%NaOH ^- 1.0 wt%Na4EDTA off 12.30*C maximum Cleaning chemical formula in order used:NaOH is sodium hydroxide;Na4EDTA is the tetrasodium salt of ethylene damine tetraacetic acid and is available from The Dow Chemical Company under the trademark VERSENE'm 100 and VERSENE 220 crystals. For effective sulfate scale cleaning,the condition must be caught and treated early.Adding 1%NaCI to the cleaning solution of NaOH and Na4EDTA may help because sulfate solubility increases with increasing salinity. 6.9.3 Carbonate Scale The following cleaning procedure is designed specifically for a system that has had carbonate scale precipitated in the elements. In severe calcium carbonate scaling,the cleaning solution may have to be heated to above 35°C, Typical calcium carbonate cleaning is conducted at 20—25°C. The cleaning procedure is considered complete when the pH of the cleaning solution does not change during recycle and/or high flow pumping. It may be possible to recover severely scaled elements by acid cleaning. Calcium carbonate scales dissolve easily in acids by releasing carbon dioxide. This can be observed as a foaming/bubbling reaction. Cleaning Procedure _ There are seven steps in cleaning elements with carbonate scale: 1. Make up the cleaning solution listed from Table 6.5. 2. Introduction of the cleaning solution. 3. Recycle. Recycle the cleaning solution for 10 minutes or until there is no visible color change. If at any time during the ^ circulation process there is a color change,dispose of the solution and prepare a new solution as described in step 2. Maintain the pH for effective cleaning. Add additional cleaning chemical as needed to maintain pH. 4. Soak. For lightly scaled systems,a soak time of 1 —2 hours is sufficient. Severely scaled systems can also be recovered with extended soak times. Severely scaled elements should be soaked individually outside of the pressure vessel in a vertical position. Check pH and adjust as required,or replace cleaning solution. 5. High-flow pumping. 6. Flush out. 7. Restart. Table 6.5 Carbonate scale cleaning solutions Cleaning solutions Solution Preferred 0.2 wt%HCl(pH 1—2,35°C) Alternative 2.0 wt%citric acid -- Alternative 0.5%H3PO4 Optional 1.0%Na2S204 Cleaning chemical formula in order used:HCI is hydrochloric acid(muriatic acid);H7PO4 is phosphoric acid,Na2S204 is sodium hydrosulfite. �.. 6.9.4 Iron Fouling Page 128 of 181 '"Trademark of The Dow Chemical Company("Dow")or an affiliated company of Dow Form No.609.00071-0416 The following cleaning procedure is designed specifically for a system that is fouled with iron. Cleaning Procedure There are seven steps in cleaning elements with iron fouling. 1. Make up the cleaning solution listed from Table 6.6. 2. Introduction of the cleaning solution. 3. Recycle. 4. Soak. Soak times are essential for sodium hydrosulfite to be effective. Soak time will vary depending on the severity of the fouling. A typical soak time is 2—4 hours. 5. High-flow pumping. 6. Flush out, 7. Restart. Table 6.6 Iron fouling cleaning solutions Cleaning solutions Solution Preferred 1.0 wt%Na2S204(pH 5,30°C) Alternative 2.0 cot%citric acid _ Alternative 0.5%Hs PO4 Alternative 1.0%NH2SO3H Cleaning chemical formula in order used Na2S204 is sodium hydrosulfite;H7PO4 is phosphoric acid;NH2SO3H issulfamicacid. Additional Information The sodium hydrosulfite has a very pungent odor,so the room must be well ventilated. Follow all safety regulations and procedures. Contact time is key to successful cleaning. The solution will sometimes change many different colors. Black, brown,yellow are all very normal for this type of cleaning. Anytime the solution changes color,it should be disposed of and a new solution prepared. The length of time and the number of soaking periods will depend on the severity of the fouling. 6.9.5 Organic Fouling The following cleaning procedure is designed specifically for a system that has been fouled with organic species such as humic and fulvic acids,antiscalants,or oils. Cleaning Procedure There are eight steps in cleaning elements fouled with organics,but the six steps are conducted first with a high pH cleaning solution and then repeated with a low pH cleaning solution: 1. Make up the desired high pH cleaning solution selected Table 6.7, 2. Introduction of the cleaning solution. 3. Recycle the cleaning solution for 30 minutes. If a color change occurs,dispose of the cleaning solution and prepare a fresh solution. 4. Soak. 5. High-flow pumping. -- 6. Flush out. 7. Repeat steps 2 through 6 with cleaning solution of HCI at pH 2. 8. Restart. Additional Information For maximum effectiveness,the temperature of the cleaning solutions must be above 25°C.Elevating the temperature of the cleaning solution will assist in organic removal from the membrane surface. Some organics such as oils are very difficult to remove. To remove them,experiment with different soak times for optimum effectiveness. In addition,the most effective cleaning solution usually contains a surfactant such as Na-DDS or perhaps some commercially available membrane cleaners containing surfactants or detergents that can help remove the oils. Consult your chemical supplier for their recommendation. If the organic fouling is the result of overfeeding of a coagulant used for feed water pretreatment, reversing the order of the cleaners can be more effective. To determine the proper order of the cleaning solutions(high pH followed by low pH or vice Page 129 of 181 Iv&Trademark of The Dow Chemical Company('Dow)or an affiliated company of Dow Form No.609-00071-0416 versa),try to gather a sample of the organic foulant from your system. With the sample,try treating it with caustic and then y acid and vice versa to determine qualitatively which order of cleaning solution treatment dissolves the foulant better. If both treatments appear to work equally,it is usually better to clean with the high pH solution first. Table 6.7 Organic fouling cleaning solutions Cleaning solutions Solution Preferred 0.1 wt%NaOH pH 12,30°C maximum,followed by: 0.2%HCI pH 2,450C maximum Preferred 0.1 wt%NaOH 0.025 wt%Na-DDS pH 12,30°C maximum,followed by: 0.2%HCl pH 2,45°C maximum Alternate 0.1 wt%NaOH 1.0 wt%Naa EDTA pH 12,30°C maximum,followed by: 0.2%HCI pH 2.45°C maximum Cleaning chemical formula in order used:NaOH is sodium hydroxide;HCI is hydrochloric acid (muriatic acid);Na-DDS is sodium salt of dodecylsulfate;sodium laurel sulfate;Na<EDTA is the tetrasodium salt of ethylene diamine tetraacetic acid and is available from The Dow Chemical •*- Company under the trademark VERSENE"1 100 and VERSENE 220 crystals. 6.9.6 Biofouling The following cleaning procedure is designed specifically for a system that has been fouled with biological matter. Cleaning Procedure There are seven steps in cleaning elements with biofouling: 1. Make up the cleaning solution listed from Table 6.8. 2. Introduction of the cleaning solution. 3. Recycle. 4. Soak. 5. High-flow pumping. 6. Flush out. 7. Restart. Table 6.8 Biofouling cleaning solutions Cleaning solutions Solution s. Preferred 0.1 wt%NaOH pH 13,35°C maximum Preferred 0.1 wt%NaOH 0.025 wt%Na-DDS pH 13,35°C maximum Alternate 0.1 wt%NaOH 1.0 wt%Na:EDTA PH 13.35°C maximum �.. Cleaning chemical formula in order used:NaOH is sodium hydroxide:Na-DDS is sodium salt of dodecylsulfate(sodium lauryi sulfate);Na�EDTA is the tetrasodium salt of ethylene diamine tetraacetic acid and is available from The Dow Chemical Company under the trademark VERSENE'"'100 and VERSENE 220 crystals. Additional Information Page 130 of 181 U Trademark of The Dow Chemical Company("Dow')or an affiliated company of Dow Form No.609-00071-0416 By experience,the cleaning solution of Na4EDTA with caustic has been found to be slightly less effective than a standard caustic solution or a solution of caustic and Na-DDS. For any solution,contact time is critical. Several overnight soaks may be necessary to restore the system performance. -- After the elements are clean it is very beneficial to clean one additional time to clean off the last remaining biofilm layer on the surface of the membrane. Any remaining biofilm will tend to attract and trap dirt,so an extra cleaning will increase the time between cleanings. In the event of severe biofouling,slug dosing of a biocide may be required to enhance the results of the cleaning procedure. Please refer to Section 2.6.5 for details regarding biocide usage. When biofouling is an operational problem, regular sanitization procedures as described in Section 6.10 are recommended after cleaning. 6.9.7 Emergency Cleaning When cleaning has not been carried out in time,e.g.,the differential pressure(AP)has already doubled,or the normalized product flow has dropped by 50%,the success of the previously described cleaning processes may be limited. If those ._ standard cleaning techniques fail to remove the foulants,more harsh cleaning methods can be tried. Please contact your Dow representative for recommendations. It has to be stressed,however,that no warranty can be given on the efficiency of any cleaning, nor on the membrane performance after such cleaning attempts. 6.10 Sanitizing RO/NF Membrane Systems 6.10.1 Introduction The sanitization of RO/NF membrane systems as described in this chapter is the application of biocidally effective solutions or hot water to the membranes while the system is off line,i.e.,not in production mode. The online dosage of biocidal —. chemicals while the system is in production mode is dealt with in Section 2.6,Biological Fouling Prevention. Membrane systems are sanitized in order to keep the number of living microorganisms at an acceptably low level. There are two main reasons why sanitization is required: a) Smooth operation.Microorganisms may grow into a biofilm at the membrane and feed spacer surface and cause biofouling. Biofouling is a major threat to system operation,and regular sanitization is part of a strategy to control biofouling. Regular sanitization helps to keep the level of biological growth low enough to avoid operational problems. In —' RO systems operating with biologically active feed water,a biofilm can appear within 3—5 days after inoculation with viable organisms. Consequently,the most common frequency of sanitization is every 3—5 days during peak biological activity(summer)and about every 7 days during low biological activity(winter). The optimal frequency for sanitization —, will be site-specific and must be determined by the operating characteristics of the RO system. b) Permeate water quality.Some applications,for example in food and pharmaceutical industries,require a high product water quality with respect to microbiological parameters.Although RO and NF membranes are theoretically rejecting 100%of microorganisms,any minute leakage in the membrane system may allow the permeate water to get contaminated.The risk of contamination is much higher with a biofilm present on the feed side;therefore the membrane has to be kept in a sanitary state. Regular sanitizations in these applications are required to improve the microbiological quality of the permeate water,even if no operational problems are encountered. 6.10.2 Hydrogen Peroxide and Peracetic Acid Hydrogen peroxide or a mixture of hydrogen peroxide and peracetic acid has been used successfully for treating biologically contaminated reverse osmosis and nanofiltration systems that use FILMTECTM membranes. Commercially available hydrogen peroxide/peracetic acid solutions come in a concentrated form and are diluted with RO/NF permeate to obtain a 0.2%(by weight)peroxide solution. ,-. Page 131 of 181 TM°Trademark of The Dow Chemical Company('Dow)or an affiliated company of Dow Form No.609-00071-0416 There are two factors that greatly influence the rate of hydrogen peroxide attack on the membrane:temperature and iron. The disinfecting solution should not exceed 77°F(25°C). FT30 membrane samples tested with 0.5%hydrogen peroxide at 34°C showed a very high salt passage after several hours. At 24°C, however,membrane samples demonstrated compatibility with 0.5%hydrogen peroxide after 96 hours. The presence of iron or other transition metals in conjunction with hydrogen peroxide solutions can also cause membrane degradation. FT30 membrane samples were tested using a 0.15%solution of hydrogen peroxide and tap water containing iron. After 150 hours,the salt passage of the membrane began to increase dramatically. Continuous exposure at this concentration may eventually damage the membrane. Instead, periodic use is recommended. For biologically contaminated RO systems using the FILMTECTM membrane,the following procedure for applying hydrogen peroxide solutions is recommended: 1. Any type of deposit on the membrane or other parts of the system should be removed with an alkaline cleaner before sanitizing. Removal of these deposits,which harbor microorganisms,will maximize the degree of sanitization. After alkaline cleaning,flush the system with RO permeate. 2. Clean the RO system with acid as described in Section 6.9.4 to remove any iron from the membrane surface. Flush the system with RO permeate. 3. Circulate a solution of 0.2%(by weight)hydrogen peroxide diluted with RO permeate at a temperature below 77°F (25°C)for 20 min. A pH of 3—4 gives optimal biocidal results and longer membrane lifetime. 6.10.3 Chlorinated and Other Biocidal Products Applying free chlorine,chlorine dioxide or biocidal agents containing combined chlorine is generally not recommended,see Section 2.6.3 and 2.6.6. Iodine,quaternary biocides and phenolic compounds cause flux losses and are not recommended for use as biocidal agents. 6.10.4 Heat Sanitization The HSRO series of FILMTECT"'elements can be sanitized with hot water.It is an excellent choice for food and pharmaceutical applications.The advantages of hot water as a sanitization agent are: • May reach areas chemicals do not(dead legs,etc...) • Easy to validate - Simpler to monitor heat than chemical concentrations - Easier to demonstrate complete distribution of heat • No need to rinse out chemicals • No need to store chemicals • Minimizes waste disposal issues • No need to approve chemicals New HSRO heat sanitizable spiral elements must be pre-conditioned prior to initial use by exposure to hot water. Suitable quality water must be used during all pre-conditioning steps. This water is chlorine-free, non-scaling/fouling water. RO permeate is preferred,but pre-filtered feed water may be used. An appropriate conditioning procedure consists of the following: • Flush to drain with suitable quality water at low pressure and low permeate flo rate. • Recycle warm water(45°C or less)at very low pressure(<25 psig transmembrane pressure with a maximum feed pressure of 45 psig(3 bar)). • Introduce hot water to the system to increase temperature to 800C(1760F). • Keep transmembrane pressure below 25 psig(1.7 bar)when warm or hot water(45°C or higher)is being fed to the membranes. • Maintain temperature for 60—90 minutes. • Allow system to cool to 45°C or below. Page 132 of 181 TMa Trademark of The Dow Chemical Company("Dow")or an affiliated company of Dow Form No.609-00071-0416 • Flush to drain with suitable water quality at very low pressure(<25 psig transmembrane pressure with maximum feed pressure of 45 psig(3 bar)). HSRO membranes have high water permeability before they have been pre-conditioned. After pre-conditioning,they attain -- their specified flow and salt rejection performance during operation at normal temperature. The performance will remain stable irrespective of subsequent additional sanitization cycles. The procedure for regular sanitization may be the same as described above,but ultimately is the responsibility of the end-user. Certain industries have required sanitizing procedures that may be different from our procedures. .^ Page 133 of 181 Trademark of The Dow Chemical Company('Dow')or an affiliated company of Dow Form No.609-00071-0416 Product Data Sheet DOW FILMTECT" BW30HRLE-440 Element Description Ideal for:reverse osmosis plant managers and operators dealing with controlled-pre-treatment waters and seeking advanced membrane treatment with good water purity and low energy consumption. DOW FILMTECTM BW30HRLE-440: � • Offers good salt-rejection with 33%lower pressures • • Delivers excellent silica,boron,nitrate, IPA and ammonium rejection • Provides increased active area with the most effective cleaning performance,robustness and durability due to its widest cleaning pH range(1-13) and chemical tolerance and the support of Dow technical representatives Product Type Spiral-wound element with polyamide thin-film composite membrane Product Specifications Typical Active Area Feed Spacer Permeate Flow Rate Stabilized Salt Minimum Salt DOW FILMTECTI Element (ft2) (m2) Thickness(mil) (GPD) (m31d) Rejection(%) Rejection(%) BW30HRLE-440 440 41 28 12,650 48 99.3 99.1 1. Permeate flow and salt(NaCl)rejection based on the following standard test conditions:2,000 ppm NaCl,150 psi (10.3 bar),77°F(25°C),pH 8,15%recovery. 2. Flow rates for individual elements may vary but will be no more than+15%. 3. Stabilized salt rejection is generally achieved within 2448 hours of continuous use;depending upon feedwater characteristics and operating conditions. 4. Sales specifications may vary as design revisions take place. 5. Active area guaranteed±3%. Active area as stated by Dow Water&Process Solutions is not comparable to nominal membrane area often staled by some manufacturers. Measurement method described in Form No.609-00434. Element A Dimensions B DIA C, / % —_- � ` � C DIA oo*5=1iea c°uprr part rum W 313199 lftfre . + Each mVu nclxks nw 19 L E:R a.Mps Feed l i FibergtaSS Outer wrap End Mcw r uT 7os°'r` U-Cup Brine Seal Brine Product A B c DOW FILMTECTm Element (in.) (mm) (in.) (mm) (in.) (mm) BW30HRLE-440 40.0 1,016 1.125 0 29 ID 7.9 201 1. Refer to Dow Water&Process solutions Design Guidelines for multiple-element applications.1 inch=25.4 mm 2. Element to fit nominal 84nch(2034mm)I.D.pressure vessel. Page 1 of 2 ®11"Trademark of The Dow Chemical Company("Dow')or an affiliated company of Dow Form No.609.50205,Rev.0 December2016 „�, Operating and Nlaxinlum Operating Temperature a 113°F(45°C) Cleaning Limits Maximum Operating Pressure 600 psig(41 bar) Maximum Element Pressure Drop 15 psig(1.0 bar) pH Range,Continuous Operation a 2—11 pH Range,Short-Term Cleaning(30 min.)" 1-13 Maximum Feed Silt Density Index(SDI) SDI 5 Free Chlorine Tolerance c <0.1 ppm Maximum temperature for continuous operation above pH 10 is 95°F(35°C) _. "Refer to Cleaning Guidelines in specification sheet 609-23010. Under certain conditions,the presence of free chlorine and other oxidmng agents will Cause premature membrare failure.Since oxidation damage is not covered under warranty,Dow Water&Process Solutions recommends removing residual free chlorine by pretreatment prior to membrane exposure.Please refer to technical bulletin'Dechlorinatina Feedwater'for more information. Additional Before use or storage,review these additional resources for important information: Important Information • Usage Guidelines for DOW FILMTEC'"t 8"Elements • System Operation: Initial Start-Up *Permeate obtained from first hour of operation should be discarded Regulatory Note These membranes may be subject to drinking water application restrictions in some countries;please check the application status before use and sale. Product Dow has a fundamental concern for all who make,distribute,and use its products, and for Stewardship the environment in which we live.This concern is the basis for our product stewardship philosophy by which we assess the safety,health,and environmental information on our products and then take appropriate steps to protect employee and public health and our environment.The success of our product stewardship program rests with each and every individual involved with Dow products from the initial concept and research,to - manufacture. use,sale,disposal,and recycle of each product. Customer Notice Dow strongly encourages its customers to review both their manufacturing processes and - their applications of Dow products from the standpoint of human health and environmental quality to ensure that Dow products are not used in ways for which they are not intended or tested. Dow personnel are available to answer your questions and to provide reasonable technical support. DOW FILMTEC7v Membranes Notice:The use of this product in and of itself does not necessarily guarantee the removal of cysts and pathogens from water. Contact Dow Water&Process Effective cyst and pathogen reduction is dependent on the complete system design and on the operation and maintenance of the Solutions: system. North America: 1.800-447A369 NOTICE: No freedom from infringement of any patent owned by Dow or others is to be inferred.Because use conditions and Latin America: (+55)11-5188.9222 applicable laws may differ from one location to another and may change with time,Customer is responsible for determining Europe: +800-3-694-6367 whether products and the information in this document are appropriate for Customer's use and for ensuring that Customer's Italy: +800-783-825 workplace and disposal practices are in compliance with applicable laws and other government enactments.The product shown South Africa: +0800 99 5076 in this literature may not be available for sale and/or available in all geographies where Dow is represented.The claims made Pacific: +BW 7776 7776 may not have been approved for use in all countries.Dow assumes no obligation or liability for the information in this document China: +400889-0789 References to"Dow'or the'Company"mean the Dow legal entity selling the products to Customer unless otherwise expressly hftD.liwww.dowhaterandorocess-com noted. NO WARRANTIES ARE GIVEN; ALL IMPLIED WARRANTIES of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. Page 2 of 2 Om Trademark of The Dow Chemical Company('Dow")or an affiliated company of Dow Form No.609.50205,Rev.0 December 2016 Product Data Sheet DOW FILMTECTM XLE-440 Element Description Ideal for:reverse osmosis plant managers and operators dealing with controlled-pre-treatment and seeking high-quality permeate water at low operating costs. DOW FILMTECTh1 XLE440,the lowest pressure DOW FILMTECTh1 �� ... RO element: 51. • Provides lower energy costs and more productivity,especially in �� cold waters • Minimizes equipment CAPEX in designs with savings in elements and pumping due to the 440 ft2 active area • Delivers the most effective cleaning performance,robustness and durability due to its widest cleaning pH range(1-13) tolerance and the support of FilmTec technical representatives Product Type Spiral-wound element with polyamide thin-film composite membrane Product Specifications Typical Active Area Feed Spacer Permeate Flow Rate Stabilized Salt Minimum Salt DOW FILMTECTm Element (ft2) (m2) Thickness(mil) (GPD) (meld) Rejection(%) Rejection(%) XLE440 440 41 28 14,000 53 99.0% 97.0% 1. Permeate Bow and salt(NaCl)rejection based on the following standard test conditions:2,000 ppm NaCl,125 psi (8.6 bar),77°F(25°C),pH 8.15%recovery. 2. Flow rates for individual elements may vary but will be no more than+15%. 3. Stabilized salt rejection is generally achieved within 24A8 hours of continuous use;depending upon feedwater characteristics and operating conditions. 4. Sales specifications may vary as design revisions take place. .� 5. Active area guaranteed±5%. Active area as stated by Dow Water&Process Solutions is not comparable to nominal membrane area often stated by some manufacturers. Measurement method described in Form No.609-00434. Element Dimensions — ---- - B DIA �l J { C DIA FilmTec suppNes coupler � p n number 259171 xith �� 1 out dement.Each __ c pkr indudes two 2- F80tl F,b«r�,h,.a ouw WILp 125 EPR o nn0a(FilmTec U-Citp Bar1e SZy End Cap Bnne Product Patt number 2163701, A 8 C DOW FILMTECTM Element (in.) (mm) (in.) (mm) (in.) (mm) XLE-440 40.0 1,016 1.50ID 38ID 7.9 201 1. Refer to Dow Water&Process Solutions Design Guidelines for multiple-element applications.1 inch=25.4 mm 2. Element to fit nominal84nch(203-mm)I.D.pressure vessel. Pagel of 2 @"Trademark of The Dow Chemical Company("Dow")or an affiliated company of Dow Form No.609-00245,Rev.2 November 2016 DOW RESTRICTED Operating and Maximum Operating Temperature 113°F(45°C) Cleaning Limits Maximum Operating Pressure 600 psig(41 bar) Maximum Element Pressure Drop 15 psig(1.0 bar) pH Range,Continuous Operation 2—11 pH Range,Short-Term Cleaning(30 min.)b 1—13 " Maximum Feed Silt Density Index(SDI) SDI 5 Free Chlorine Tolerance c <0.1 ppm ^Maximum temperature for continuous operation above pH 10 is 95°F(35'C). e Refer to Cleaning Guidelines in specification sheet 609.23010. Under certain conditions,the presence of free chlorine and other oxidizing agents vnll cause premature membrare failure.Since oxidation damage is not covered under warranty,Dow Water&Process Solutions recommends removing residual free chlorine by pretreatment prior to membrane exposure.Please refer to technical bulletin'Dechlorinatina Feedwatef for more information. Additional Before use or storage,review these additional resources for important information: Important Information • Usage Guidelines for DOW FUTECT118"Elements • System Operation: Initial Start-Up Permeate obtained from first hour of operation should be discarded Regulatory Note These membranes may be subject to drinking water application restrictions in some countries;please check the application status before use and sale. Product Dow has a fundamental concern for all who make,distribute,and use its products,and for Stewardship the environment in which we live.This concern is the basis for our product stewardship philosophy by which we assess the safety,health, and environmental information on our products and then take appropriate steps to protect employee and public health and our environment.The success of our product stewardship program rests with each and every individual involved with Dow products—from the initial concept and research,to manufacture,use,sale,disposal,and recycle of each product. T Customer Notice Dow strongly encourages its customers to review both their manufacturing processes and their applications of Dow products from the standpoint of human health and environmental quality to ensure that Dow products are not used in ways for which they are not intended or tested.Dow personnel are available to answer your questions and to provide reasonable technical support. DOW FILMTECTM Membranes Notice:The use of this product in and of itself does not necessarily guarantee the removal of cysts and pathogens from water. Contact Dow Water&Process Effective cyst and pathogen reduction is dependent on the complete system design and on the operation and maintenance of the Solutions: system. North America: 1-0004474369 NOTICE:No freedom from infringement of any patent awned by Dow or others is to be inferred.Because use conditions and Latin America: (+55)11-5188-9222 applicable laws may differ from one location to another and may change with time, Customer is responsible for determining Europe. +8004694-6367 whether products and the information in this document are appropriate for Customers use and for ensuring that Customer's Italy: +8W783-825 workplace and disposal practices are in compliance with applicable laws and other government enactments.The product shown South Africa: +0800995078 in this literature may not be available for sale andlor available in all geographies where Dow is represented.The claims made Pacific: +8W 7776T776 may not have been approved for use in all countries.Dow assumes no obligation or liability for the information in this document China: -400889-0789 References to"Dow'or the"Company"mean the Dow legal entity selling the products to Customer unless otherwise expressly htlo:hWww.dowwaterandorocess.com noted. NO WARRANTIES ARE GIVEN; ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. Page 2 of 2 0"Trademark of The Dow Chemical Company("Dow")or an affiliated company of Dow Form No.609-00245,Rev.2 November 2016 DOW RESTRICTED Product Data Sheet DOW FILMTECTm ECO PRO-440 Element Description Ideal for:reverse osmosis plant managers and operators dealing with controlled pre-treatment waters and seeking advanced membrane f treatment with high water purity and low energy consumption. **p DOW FILMTECTM' ECO PRO-440: !lj • Offers high salt-rejection at low pressure` • Delivers excellent silica,boron,nitrate,TOC and ammonium rejection •. ° • Provides increased active area with the most effective cleaning performance,robustness and durability due to its widest cleaning pH range(1-13) and chemical tolerance and the support of Dow technical representatives Product Type Spiral-wound element with polyamide thin-film composite membrane Product Specifications Typical Active Area Feed Spacer Permeate Flow Rate Stabilized Salt Minimum Salt DOW FILMTECT"Element (W) (m2) Thickness(mil) (GPD) (mild) Rejection(%) Rejection(%) ECO PRO-440 440 41 28 12,650 48 99.7 99.4 1. Permeate flow and salt(NaCI)rejection based on the following standard test conditions:2,000 ppm NaCl,150 psi (10.3 bar),77'F(25°C),pH 8,15%recovery. 2. Flow rates for individual elements may vary but will be no more than+15%. 3. Stabilized salt rejection is generally achieved within 24A8 hours of continuous use;depending upon feedwater characteristics and operating conditions. ,. 4. Sales specifications may vary as design revisions take place. 5. Active area guaranteed±3%.Active area as staled by Dow Water&Process Solutions is not comparable to nominal membrane area often stated by some manufacturers. Measurement method described in Form No.609-00434. Element A— Dimensions B DIA C DIA Dow surp ks Wupk: ✓/ I port MaJw 313198 wM Eocn ca c%Ca ixR kuk Aes two 31912 EpR o-rkvs Feed Fiberglass outer wrap (DCw MmTec W U-Cup Brine Sea[ End Cap'' Brine Product nwlt `isms). A B C .., DOW FILMTECT"Element (in.) (mm) (in.) (mm) (in.) (mm) ECO PR0440 40.0 1,016 1.125 ID 29 ID 7.9 201 1. Refer to Dow Water&Process Solutions Design Guidelines for multiple-element applications.1 inch=25.4 mm 2. Element to fit nominal 84nch(203-mm)I.D.pressure vessel. Page 1 of 2 01v Trademark of The Dow Chemical Company('Dow")or an affiliated company of Dow Form No.609-50198.Rev 0 December 2016 ^„ Operating and Maximum Operating Temperature a 113°F(45°C) Cleaning Limits Maximum Operating Pressure 600 psig(41 bar) Maximum Element Pressure Drop 15 psig(1.0 bar) pH Range,Continuous Operation a 2—11 pH Range,Short-Term Cleaning(30 min.)n 1-13 Maximum Feed Silt Density Index(SDI) SDI 5 Free Chlorine Tolerance c <0.1 ppm Maximum temperature for continuous operation above pH 10 is 95°F(35°C). 'Refer to Cleaning Guidelines in specification sheet 609.23010. Under certain conditions,the presence of free chlorine and other oxidizing agents will cause premature membrane failure.Since oxidation damage is not covered under warranty,Dow Water 8 Process Solutions recommends removing residual free chlorine by pretreatment prior to membrane exposure.Please refer to technical bulletin Techlorinating Feedwater for more information. Additional Before use or storage,review these additional resources for important information: Important Information • Usage Guidelines for DOW FILMTEC m 8"Elements • System Operation: Initial Start-Up "Permeate obtained from first hour of operation should be discarded Regulatory Note These membranes may be subject to drinking water application restrictions in some countries; please check the application status before use and sale. Product Dow has a fundamental concern for all who make,distribute,and use its products,and for Stewardship the environment in which we live.This concern is the basis for our product stewardship philosophy by which we assess the safety,health,and environmental information on our products and then take appropriate steps to protect employee and public health and our environment.The success of our product stewardship program rests with each and every individual involved with Dow products—from the initial concept and research,to -- manufacture,use,sale,disposal,and recycle of each product. Customer Notice Dow strongly encourages its customers to review both their manufacturing processes and their applications of Dow products from the standpoint of human health and environmental quality to ensure that Dow products are not used in ways for which they are not intended or tested. Dow personnel are available to answer your questions and to provide reasonable technical support. DOW FILMTEC""Membranes Notice:The use of this product in and of itself does not necessarily guarantee the removal of cysts and pathogens from water. Contact Dow Water&Process Effective cyst and pathogen reduction is dependent on the complete system design and on the operation and maintenance of the Solutions: system. North America: 1-800447A369 NOTICE:No freedom from infringement of any patent owned by Dow or others is to be inferred.Because use conditions and Latin America: (+65)11-5188-9222 applicable laws may differ from one location to another and may change with time, Customer is responsible for determining Europe: 4800.3-694-6367 whether products and the information in this document are appropriate for Customer's use and for ensuring that Customer's Italy: -800-783-825 workplace and disposal practices are in compliance with applicable laws and other government enactments.The product shown South Afnca: +0800 99 507B in this literature may not be available for sale and/or available in all geographies where Dow is represented.The daims made Pacific: +800 7776 7776 may not have been approved for use in all countries.Dow assumes no obligation or liability for the information in this document. China: +400889A789 References to"Dow"or the"Company"mean the Dow legal entity selling the products to Customer unless otherwise expressly httD:/hvwlydowwaterandorocess.com noted. NO WARRANTIES ARE GIVEN; ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. Page 2 of 2 O'"Trademark of The Dow Chemical Company("Dow")or an affiliated company of Dow Form No.609-50198,Rev 0 December 2016 Product Data Sheet DOW FILMTECTm NF270-400/34i Element Description Ideal for:utility managers and operators dealing with surface and groundwater and seeking a technology that removes a high percentage of total organic carbon(TOC)and trihalomethane(THM)precursors while having a medium to high salt passage and medium hardness passage. The DOW FILMTECThI NF270-400/34i Element: ®L► • Provides organic removal with partial softening in order to maintain a minimum level of hardness for organoleptic properties and preservation of distribution networks • Delivers high productivity,cleanability and low energy consumption due to its high active area and wide cleaning pH range(1-12)tolerance • Includes iLECTm interlocking end caps, reducing system operating costs and the risk of o-ring leaks that can cause poor water quality Product Type Spiral-wound element with polyamide thin-film composite membrane Product Specifications Typical "•' Active Area Feed Spacer Permeate Flow Rate Stabilized Salt Minimum Salt DOW FILMTECTM Element (ft2) (m2) Thickness(mil) (GPD) (m3ld) Rejection(%) Rejection(%) NF270400134i 400 37 34-LDP 12,500 47 >97.0 97.0 1. Permeate flow and salt passage based on the following test conditions: 2,000 mg/l MgSO,,70 psi(4.8 bar),77°F(25°C)and 15%recovery. 2. Flow rates for individual elements may vary but will be no more than t 15%. 3. Stabilized salt rejection is generally achieved within 2448 hours of continuous use;depending upon feedwater characteristics and operating conditions. 4. Sales specifications may vary as design revisions take place. 5. Active area guaranteed±3%. Active area as stated by Dow Water&Process Solutions is not comparable to nominal membrane area often stated by some manufacturers. Measurement method described in Forth No.609-00434. Element 8 Dimensions A D DIA C DIA Feed -CCup Brine Seal Fiberglass Outer Wrap End Cap Brinel Permeate A B C D DOW FILMTECr"Element (in.) (mm) (in.) (mm) (in.) (mm) (in.) (mm) NF270-4001341 40.0 1,016 40.5 1,029 7.9 201 1.1251D 2910 1. Refer to Dow Water&Process Solutions Design Guidelines for multiple-element applications.1 inch=25.4 mm 2. Element to fit nominal 8-inch(203-mm)I.D.pressure vessel. 3. Individual elements with iLEC endcaps measure 40.5 inches(1,029 mm)in length(B).The net length(A)of the elements when connected is 40.0 inches(1,016 mm). Page 1 of 2 Vm Trademark of The Dow Chemical Company("Dow")or an affiliated company of Dow Forth No.609-50107,Rev.2 August 2015 Operating and Maximum Operating Temperature a 113°F(45"C) Cleaning Limits Maximum Operating Pressure 600 psig(41 bar) Maximum Element Pressure Drop 15 psig(1.0 bar) pH Range,Continuous Operation a 3-10 pH Range,Short-Term Cleaning(30 min.)b 1-12 �. Maximum Feed Silt Density Index(SDI) SDI 5 Free Chlorine Tolerance° <0.1 ppm Maximum temperature for continuous operation above pH 10 is 95°F(35°C). 'Refer to Cleaning Guidelines in specification sheet 609-23010. Under certain conditions,the presence of free chlorine and other oxidizing agents will cause premature membrane failure.Since oxidation damage is not covered under warranty,Dow Water&Process Solutions recommends removing residual free chlorine by pretreatment prior to membrane exposure.Please refer to technical bulletin"Derhlorinatirg Feedwater for more information. Additional Before use or storage, review these additional resources for important information: Important Information • Usage Guidelines for DOW FUTEC;'" S"Elements • System Operation: Initial Start-Up Regulatory Note These membranes may be subject to drinking water application restrictions in some countries; please check the application status before use and sale. —� Product Dow has a fundamental concern for all who make,distribute,and use its products,and for Stewardship the environment in which we live.This concern is the basis for our product stewardship philosophy by which we assess the safety,health,and environmental information on our ._ products and then take appropriate steps to protect employee and public health and our environment.The success of our product stewardship program rests with each and every individual involved with Dow products—from the initial concept and research,to manufacture,use,sale,disposal,and recycle of each product. Customer Notice Dow strongly encourages its customers to review both their manufacturing processes and their applications of Dow products from the standpoint of human health and environmental quality to ensure that Dow products are not used in ways for which they are not intended or tested.Dow personnel are available to answer your questions and to provide reasonable technical support. DOW FILMTECTM Membranes Notice:The use of this product in and of itself does not necessarily guarantee the removal of cysts and pathogens from water. Contact Dow Water&Process Effective cyst and pathogen reduction is dependent on the complete system design and on the operation and maintenance of -+• Solutions: the system. North America: 1.8004474369 NOTICE:No freedom from infringement of any patent owned by Dow or others is to be inferred.Because use conditions and Latin America: (+55)11-5188-9222 applicable laws may differ from one location to another and may change with time.Customer is responsible for determining Europe: +800-3-694-6367 whether products and The information in this document are appropriate for Customers use and for ensuring that Customer's Italy: +WO.783-825 workplace and disposal practices are in compliance with applicable laws and other government enactments.The product shown South Africa: +0800 99 5078 in this literature may not be available for sale and/or available in all geographies where Dow is represented.The claims made PacChina:: 4400889-789 may not have been approved for use in all countries.Dow assumes no obligation or liability for the information in this document. China: +400889-0789 References to"Dow"or the"Company"mean the Dow legal entity selling the products to Customer unless otherwise expressly +�* htto:/Avww.dowwalerandorocess.com noted. NO WARRANTIES ARE GIVEN; ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. Page 2 of 2 01"Trademark of The Dow Chemical Company("Dow")or an affiliated company of Dow Form No,609-50107,Rev.2 August2015 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 does so only for the purpose of obtaining Bids on the Work and does 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,to enable 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. All bidders must be an Underground Utility and Excavation Contractor or General Contractor licensed in the State of Florida. 3.5. Bidders are required to complete and submit with their Bid,the Qualification Requirements included in the Front End Bid Documents. Owner will evaluate experience, conduct reference checks, and FM consider Bidders' construction sequence and schedule as part of the bid evaluation process. Bidder must show that Bidder has sufficient manpower and equipment to complete the Work,that previous experience meets the bid requirements, that past projects have been completed within budget and aw on schedule, that past projects have been managed professionally and construction quality and field PER Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) Page 6 supervision are professional and of best industry practice.Owner shall have sole opinion as to whether Bidders requisite experience is deemed acceptable. 3.6. Any Bidder who does not meet the qualification requirements of the Bid will not be considered for award. 3.7. 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. 3.8. Bidder shall perform a minimum of 60%of the work contemplated by this Contract with Bidder's own forces. 3.9. Contractor shall provide qualified full-time supervision on site at all times during the performance of Work under this contract. 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(s)to observe local conditions that may in any manner affect cost, progress or performance of the Work,(c) be knowledgeable of 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 to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid,Site Visits may be scheduled with Owner as stated in Article 4.5. 4.3. The lands upon which the Work is to be performed, rights-of-way for access, open space for parking, utility easements for utilities 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. 4.5. A site visit may be conducted anytime during the bidding process. Bidders are encouraged to conduct site visits as needed for preparation of bids. 5. DETERMINATION OF ESTIMATED QUANTITIES 5.1. Lump Sum Contracts: The Bidder is responsible for the determination of the quantities for those items constructed within the authorized plan limits or dimensions. The Owner does not assume any responsibility for any incidental information in Bid documents that may be construed as a quantity of work and/or materials. 5.2. Contracts other than Lump Sum: For those items constructed within authorized plan limits or "' dimensions, use the quantities shown in the plans and in the Bid Form as the basis of the Bid. The Owner will also use these quantities for final payment as limited by the provisions for the field conditions, use and measurement, the quantities shown in the plans and on the proposal form are approximate and provide only a basis for calculating the bid upon which the Owner will award the Pon Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) 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: Chris Mckenzie in Writing by Email(chrism@jupiter.fl.us) 6.2. Replies anticipated by Owner that will affect the scope of work, duration of work, or cost of the work or are needed to provide clarification to the bid documents will be issued by Addenda and delivered to all parties recorded by www.DemandStar.com as having received the Bidding Documents 6.3. 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. No Bid Security is required for this bid. 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. This Contract is an open-end contract with an initial term of two (2) years. Owner and Contractor may agree to renew this Contract for additional term(s)at the Contract Unit Prices set forth in the Bid Form and will be included in the agreement. 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. 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 ..s Requirements. 11. SUBCONTRACTORS,ETC. pw Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) Page 8 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 w. 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 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. 11.5. Qualifications of major subcontractors listed may be considered in evaluation of bids. If in Owner's sole opinion Owner determines that a subcontractor(s) is not qualified based on work experience and reference checks evaluated by Owner. Owner may request that the subcontractor(s) be replaced with a subcontractor(s) who does meet the qualification requirements and has satisfactory reference checks. Replacement of major subcontractors will occur before the Contract is awarded and will be 10" at no additional cost to the Owner. 11.6. Major subcontractors required to be identified on the Bid Form or approved replacement sub- contractors,before Contract award,shall perform the Work intended.Substitute sub-contractors shall not be considered after the Project is awarded except in dire circumstances and as agreed upon in writing by the Owner. 12. PRICES BID 12.1. Prices shall be shown in unit amounts, written numerical figures, and extensions(Values) whenever applicable. In the event of discrepancies existing between unit amounts and extension (Value) or totals,the written unit amounts shall govern. Town of Jupiter Utilities iw Unit Price Contract for Membrane Services(W2406) Page 9 am 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. a, 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 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. A° 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 legibly 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). 13.7. The email address and US Postal 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. Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) Page 10 14. SUBMISSION OF BIDS 14.1. Two copies of the Bid(one signed original and one electronic pdf on a flash drive or compact disc)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 (if required) and other required documents. The Bid Form/Schedule of Values and Bid Bond (if required) must 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 will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between the indicated value and the correct value as calculated by the product of the unit price and the estimated quantity will be resolved by using the stated unit price. 18.2. In evaluating Bids, the Owner shall consider the qualifications of the Bidders and whether the Bids comply with the prescribed requirements,alternates,and unit processes of the Bid Documents. 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 Town of Jupiter Utitities Unit Price Contract for Membrane Services(W2406) Page 11 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 "R Owner's satisfaction. 18.6. If the contract is to be awarded,it will be awarded to the lowest,responsive,responsible Bidder,based R on the lowest Total Bid Price, or the lowest Total Bid Price plus any combination of Alternate Bid Item(s), 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. PK 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. INSURANCE AND BONDS 19.1. Payment and performance bonds are not required for this procurement contract. 19.2. Insurance requirements are provided in the Supplemental Conditions. 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 sixty days of Notice ^" of Award, Owner will deliver all fully signed counterparts to Contractor. 21. PERMITS There are no permits anticipated to be obtained for this Contract. 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 Town of Jupiter Utilities Unit Price Contract for Membrane Services JW2406) Page 12 s, 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 Project is performed, except as may be otherwise specifically stated herein. 23.2. The apparent silence of the Specifications as to any detail, or the apparent omission from the Specifications of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used.All interpretations of the Specifications shall be made on the basis of this statement. .� 23.3. If before or during the performance of the Project Seller discovers a conflict, error or discrepancy in the Contract Documents, Seller immediately shall report same to Buyer's Project Manager in writing and before proceeding with the Project affected thereby shall obtain a written interpretation or clarification from the Buyer. Seller shall take measurements and verify field conditions and shall carefully compare such measurements and field conditions and other information known to Seller with the Contract Documents before commencing any portion of the Project. 23.4. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Project,trades, subcontracts, or extent of any part of the Project. In the event of a discrepancy between or among the Drawings, Specifications or other Contract Document provisions,Seller shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Seller, as determined by the Buyer. Unless otherwise specifically mentioned,all anchors,bolts,screws,fittings,fillers,hardware,accessories,trim and other parts required in connection with any portion of the Project to make a complete,serviceable,finished and first quality installation shall be furnished and installed as part of the Project,whether or not called ^` for by the Contract Documents. 23.5. Plans and Specifications will be provided free of charge to the Successful Bidder upon contract award. "p 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 Seller at the Buyer's cost to print and reproduce them. The Buyer 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 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: n+ Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) Page 13 ., 25.1.1. The chemical name and the common name of the toxic substance. 25.1.2. The hazards or other risks in the use of the toxic substance including:a)The potential for fire, explosion, corrosively and reactivity; b) The known acute and chronic health effects of risk from exposure including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and c) The primary routes of entry and symptoms of over exposure. 25.1.3. The proper precautions, handling practices, necessary personal protection equipment and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of exposure. 25.1.4. The emergency procedure for spills,fire, disposal and first aid. 25.1.5. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 25.1.6. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. P" 25.2. Bidders are required to complete and submit with their bids 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)). 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 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 P' 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. Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) Page 14 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. OPEN END CONTRACT 28.1. No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open end Contract. Estimated quantities will be used for Bid comparison purposes only.The Owner reserves the right to issue Work Orders as and when required for proposed work for any or all bid items or any combination thereof. Work under this Contract is subject to fiscal appropriation by the Jupiter Town Council in either or both the Town's Community Investment Program (CIP)and fiscal s, year operating budgets. Estimated funding budgets anticipated being available for the original two year contract term and subsequent two year and one year renewal terms are provided in the table below. 28.1.1. The Town's fiscal calendar runs from October 1"through September 301h 28.2. The Owner reserves the right to purchase commodities/services specified herein through contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required within a short period than the delivery time specified ^' in the Contract,and if the seller is unable to comply therewith,the Owner reserves the right to obtain such delivery from others without penalty or prejudice to the Owner or to the Bidder. P" 28.3. The Initial term of the Contract will be two years (730 calendar days) from the date of Notice to Proceed. Owner may at Owner's sole discretion renew its Contract for one (1)additional two (2)year term and one (1) additional (1) year term for a total Contract period of five (5) years, in accordance with the Town of Jupiter's Purchasing Policy and 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. Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) Page 15 ^ Anticipated Annual Funding ^ Town of Jupiter Unit Price Contract for Membrane Services ^ Contract Estimated Funding Source Term Project Description Value Membrane Services & Unanticipated Non-Emergency Repairs $160,000 WTP Operating Budget Initial Unanticipated Emergency Repairs $50,000 WTP Operating Budget Initial Term 2 rs Estimated Total $210,000 Membrane Services & Unanticipated Non-Emergency Repairs $160,000 WTP Operating Budget ^ Unanticipated Emergency Repairs $50,000 WTP Operating Budget 1 sr Renewal 1gt Renewal Term 2 rs Estimated Total $210,000 .q Membrane Services & Unanticipated Non-Emergency Repairs $80,000 WTP Operating Budget Unanticipated Emergency Repairs $50,000 WTP Operating Budget 2nd Renewal 2nd Renewal Term 1 r Estimated Total $130,000 �n Estimated 5 Yr.Total $550,000 ^ 29. SPECIAL LEGAL REQUIREMENTS 29.1. PUBLIC RECORDS 29.1.1. 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. 29.1.2. 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. 29.1.3. 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. 29.1.4. 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. 29.1.5. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) Page 16 PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 561-741-22701 JENNIFERT@JUPITER.FL.US, OR 210 MILITARY TRAIL,JUPITER, FL 33458. 29.2. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES - 29.2.1. 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. 29.3. CONE OF SILENCE, Sec. 2-355. Cone of Silence 29.3.1. 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: 29.3.1.1. Any person or person's representative seeking an award from such competitive solicitation; and 29.3.1.2. 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. _ 29.3.2. 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. 29.3.3. 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. 29.3.4. 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. _ Town of Jupiter Utilities Unit Price Contract for Membrane services(W2406) Page 17 29.3.5. 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. 29.3.6. 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. 29.3.7. Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. 29.4EMPLOYMENT ELIGIBILITY REQUIREMENTS (E-VERIFY REGISTRATION AND USE) 29.4.1 Provisions for employment eligibility under Section 448.095 F.S. (Florida Statutes)shall apply to all contractors, and subcontractors performing Work, providing supplies, or providing services under this Contract. 29.4.2 Bidders are responsible to review Section 448.095 F.S. in its entirety and ensure that all obligations of the Statute are complied with. 29.4.3 Bidder shall register and use the E-Verify system as required by Section 448.095 F.S.and require their subcontractors and suppliers to do the same 29.4.4 The Apparent Successful Bidder shall provide Owner with any information or documentation necessary for compliance with the E-Verify requirements of Section 448.095 F.S. as requested in writing by Owner. 29.4.5 Pursuant to Section 448.095, Florida Statutes, beginning January 1, 2021, Contractor shall register with and use the U.S. Department of Homeland Security's E-Verify system, https://e- verifv.uscis.gov/emp—to verify the work authorization status of all Contractor employees hired on and after January 1, 2021_ 29.4.6 Subcontractors- (i) Contractor shall also require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement. (ii)Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. (Refer to Bid Proposal forms in the Front Ends) NO Contractor shall provide a copy of all subcontractor affidavits to the Town upon receipt and shall maintain a copy for the duration of the Agreement. 29.4.7 Contractor must provide evidence of compliance with Section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor(refer to Bid Proposal forms) stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration is in the E-Verify system. Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) Page 18 29.4.8 Failure to comply with this provision is a material breach of the Agreement,and shall result in the immediate termination of the Agreement without penalty to the Town.Contractor shall be liable for all costs incurred by the Town to secure a replacement Agreement,including but not limited to, any increased costs for the same services,any costs due to delay, and rebidding costs, if applicable. P•, END OF INSTRUCTIONS TO BIDDERS. e4 Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) Page 19 Bid Proposal Bidding Company Name:Membrane Treatment Services, LLC 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 narned herein; and that this Proposal is made without connection with any other person, company, or parties making a Bid or Proposal; and that it is in all respects fair and in good faith without collusion or fraud. That the Bidder has carefully and to his full satisfaction examined the attached Instructions to Bidders,General Conditions, Supplementary Conditions, detailed Specifications, and FornJ of Contract and Bond, together with the accompanying plans(if any), and that he has read all addenda issued prior to the opening of Bids; and that he has fully examined the site and the project documents and hereby agrees to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor and other things necessary to the prosecution and completion of the work,to wit: Perform in place chemical cleaning of reverse osmosis(RO)and nanofiltration(NF)membrane,troubleshooting and repair of RO and NF membrane systems including but not limited to pressure vessel leaks, instrumentation, sample panels, instrument panels, etc., utilizing one or a combination of unit price bid items for the provision of labor, tools and equipment as described by the Bidding Documents. Materials under this contract may be procured directly by the Owner, or Contractor may be requested to provide price proposals for materials based on specific work scopes, unless otherwise stated in the Bid Documents. Contractor shall make crews available to perform non-emergency work within a reasonable time of Owner's request. Crews for emergency work shall be made available immediately upon Owner's request. There is no guarantee as to any amount of work to be performed under this contract. Work under this contract is subject to annual appropriations by the Jupiter Town Council. The initial term of this continuing services contract is two calendar years. Provisions for contract renewals for one additional two year tern and one additional one year term are provided for in this contract It is proposed that the project herein described shall be constructed for the Unit Prices as follows on the Bid Schedule of Values,all in accordance with the requirements and provisions of the Contract Documents. Town of Jupiter Utilities Unit Price Contract for Membrane Serlices(W2406) Page 20 Correct Value is ' $31,875.00 Bid Schedule of Values Unit Price Contract for Membrane Services f W24061 "This page should be clearly marked with a tab for easy identification during the bid opening process. BIDDING COMPANY NAME: Membrane Treatment Services, LLC ITEM NO. ITEM DESCRIPTIOi,I UNIT QUANTITY UNIT PRICE TOTALAMOU T BID ITEMS GENERAL CONDITIONS 1 Consideration of Indemnification LS 1 S 100.00 S 100.00 2 Insurance LS t t S Reverse Osmosis(RO)Membrane Cleaning EA 10 $6,375.00 $63,750.00 Services/Train 2 4 Nanofiltration(NF)Membrane Cleaning EA S 6,375.00 5 31,375,00 Services/Train 5 Troubleshooting&Repairing Membrane Systems—One HR 1 $ 1 00.00 $100.00 Man Crew with tools 6 Troubleshooting&Repairing Membrane Systems—Two HR 1 J 200.00 $200.00 Man Crew with tools 3 Total Bid Amount(item Nos.1—6)_ $95,525.00 r Refer to Section 01025 Measurement and Payment of the technical specifications for additional details for all P y Items Total Bid Amount(Item Nos.1-6)in Words:ninety five thOLlsand, five hundred and twenty five Correct Value is $96,025.00 ' End of Bid Schedule of Values Bidder acknowledged Bid Schedule of Values errors by 5 email August 9, 2023. See next page. Town orlupiter Utilities Unit Price Contract for Membrane Services(W2406) Page 21 From: R.Bruce WhitN To: Jennifer Mondone;Chris McKenzie;Amanda Barnes " Cc: Brittanv Georoe Subject: RE:Review of MTS Bid Results for Unit Price Contract for Membrane Services(W2406) Date: Wednesday,August 9,2023 7:05:23 PM Attachments: imaoe001.Dna imaoe002.ona imaae003.Dna imaoe004.12no Hi Jennifer, Rats.I am in the field until Friday so there isn't much I can do right now. I am in a hotel room and I just now saw your email.The insurance line I left blank back in 2018 also. I am not buying more insurance for this job so what is it you need there? I must have mistook the 8 on my calculator for a 3. I see where I missed the signature line on page 33.Again there isn't anything I can do until late Friday when I get back to the office. If you all can wait until late Friday or Monday I can make the corrections and get them to you. -. Regards Bruce Bruce Whitty Membrane Treatment Services, LLC 561-644-0097 From:Jennifer Mondone [mailto:JenniferM@jupiter.fl.us] Sent:Wednesday,August 9, 2023 11:38 AM To:rbwhitty@juno.com;Chris McKenzie<ChrisM@jupiter.fl.us>;Amanda Barnes <amandab@jupiter.fl.us> -- Cc: Brittany George<BrittanyG@jupiter.fl.us> Subject: Review of MTS Bid Results for Unit Price Contract for Membrane Services(W2406) Good Morning, Thank you for Membrane Treatment Services, LLC's, response to the Town of Jupiter Utilities' Invitation to Bid for Unit Price Contract for Membrane Services(W2406)on August 8, 2023. A preliminary review of your Bid Schedule of Values shows a discrepancy for Bid Item No.4, Nanofiltration (NF) Membrane Cleaning Services/Train.The Total Amount provided for Item No.4 is $31,375.00; however,the product of the Unit Price and Quantity is$31,875.00,which provides a Total Bid Amount of$96,02S.00. Additionally,there is no value provided for Bid Item No. 2, Insurance. The Proposal form was unsigned. Please complete the Proposal form and return it to us by email ... with a response to the above Bid Schedule of Values discrepancies. Please acknowledge receipt of this notice by 5pm,August 9th, 2023. List of Subcontractors/Suppliers Bidder shall list below information regarding subcontractors and suppliers who will perform work or labor or render service, or supply materials to the prime contractor in or about the construction of the Work or improvement,or subcontractors licensed by the State who,under subcontract to the prime contractor,specially fabricates and installs a portion of the Work or improvement according to the plans and specifications, in an amount in excess of two percent (2%) of the prime contractor's Total Bid Price. Failure to comply with requirements may render the Bid non-responsive and may cause its rejection. Subcontractor Percent of subcontractor's Work to be Performed License Number Total Contract Name&Address NONE Note: Provide licenses, certifications, experience, E-Verify and qualification forms for those subcontractors listed above. Attach additional pages as needed. THIS SPACE WAS INTENTIONALLY LEFT BLANK. PROCEED TO NEXT PAGE. Town of Jupiter Utilities Unit Price Contract for Membrane services(W2406) Page 22 Qualification Requirements ., (Complete these pages entirely and include with Sealed 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.) B. The individual who holds the Underground Utility and Excavation Contractor License or the General Contractor License for the firm awarded the Work for this Contract shall be active in the management and ownership of the firm and shall be available to provide expertise on the project during the course of the project,for the complete duration of the project,as needed. Provide the name and State of Florida license -- number of the license for this project: Robert Bruce Whitty, 561-644-0097, rbwhitty@juno.com, NOT a GC or UU&EC 1. State the numbers of years your organization has been doing business in the State of Florida: 11 -- 2. State the number of years Bidding firm has been conducting business as an Underground Utility Contractor or General Contractor licensed in the State of Florida: N/A 3. We typically perform 100 % of the work with our own forces. List trades below for which your organization is qualified and licensed to self-perform: RO cleanings,Scrubber and degas tower work.RO trouble shooting.PVC pipe repair, Fiberglass duct repair 4. Has Bidder ever failed to complete awarded work? NO If so,state where,when and why: �- Town of Jupiter Utilities Unit Price contract for Membrane Services(W2406) Page 23 Qualification Requirements (Continued) 5. State the location of the office from which this contract will be managed. Fort Pierce, FL 34982 6. State the number of employees available to complete the work contemplated by this contract. 3 7. Provide the name and experience of Bidder's Project Manager who will be assigned to this contract, if awarded. Include number of years in this position and with this company. If less than 3 years with this company provide name and contact information for previous employer. (Attach additional pages as necessary). R. Bruce Whifty, 11 years Owner of Membrane Treatment Services 20 years with Hydropro, Inc. 8. Provide name(s)and experience of Bidder's Project Superintendent(s)who will be assigned to this contract, if awarded. Include number of years in this position and with this company. If less than 3 years with this company provide name and contact information for previous employer. (Attach additional pages as necessary). 9. List equipment owned by Contractor to complete the Work identified for this contract. 10. List equipment to be rented by Contractor to complete the Work of this contract. 60 ft boom lift Town of Jupiter Utilities Unit Price Contract for Membrane services(W2406) Page 2P Qualification Requirements (Continued) 11. Only Bidders and Subcontractor(s) who are deemed qualified by Owner,at Owner's sole discretion, will be considered for contract award. Failure to provide previous experience and qualification information requested by the Bidding Documents with the Bidder's Sealed Bid, or if the Owner cannot corroborate the previous experience and qualification information submitted by Bidder in Bidder's Sealed Bid, may result in Bid disqualification. NOTE: Bidder shall complete and submit with the Sealed Bid the following Bidder Qualification forms for the Prime Contractor and all Major Subcontractors (each whose value of work to be performed is greater than 2% of the Prime Contractor's Total Bid). All information requested on the forms shall be provided in sufficient detail for Owner to perform a comprehensive review of the Bid.For Major Subcontractors,provide previous experience and qualifications for at least five(5)projects completed over the past five (5)years. NOTE: Bidders may provide additional information to assist Owner in evaluating previous experience and qualifications. Copy the forms and attach additional pages as needed. NOTE: In order to be deemed acceptable for the purpose of determining Bidder Qualification, similar projects shall be listed on the following forms and have all information completed (blanks correctly filled in) including contact names and telephone numbers of both the Owner and Engineer. 12. BIDDER shall demonstrate the ability to complete projects on time within the contract completion dates. List ALL projects completed within the last three years that were not completed on schedule and for which liquidated damages(LD)were not incurred.Attach additional pages as needed: PROJECT NAME: OWNER NAME/CONTACT INFO: CONTRACT COMPLETION DATE: ACTUAL COMPLETION DATE: 13. List ALL projects within the past five years(started, underway,or completed)in which liquidated damages (LD)are accumulating or were incurred,either directly or indirectly.Attach additional pages as needed: PROJECT/OWNER: ^ TOTAL LD AMOUNT ASSESSED: REASON FOR LDs: Town ofJuplter utilities unit Price Contract for Membrane Services(W2406) Page 25 Qualification Requirements (Continued) 14. List ALL projects within the past five years (underway or completed) in which adverse litigation, including but not limited to mediation,involving the Owner of the project,occurred,either directly or indirectly with the Bidder or his/her subcontractors.Attach additional pages as needed: PROJECT: OWNER: TYPE OF LITIGATION: REASON FOR LITIGATION: 15. A copy of Bidder's most recent audited financial statement may be requested as additional information after bids are received during the bid evaluation process. THIS SPACE WAS INTENTIONALLY LEFT BLANK. PROCEED TO NEXT PAGE. Town of Jupiter Utilities Unit Price Contract for Mern bran e Services(W2406) Page 26 Qualification Requirements (Continued) As Bidder,we certify the following: (1) NAME &LOCATION OF PROJECT: SCADA PLC and Services contract — Fort Nlerce Utility Authority CHECK ONE OF THE FOLLOWING OPTIONS, BIDDER WAS: [X] PRIME CONTRACTOR [ ] SUBCONTRACTOR YEAR OF PROJECT: 10/3/21 - 10/2/24 SCOPE OF WORK: CONTRACT VALUE: $450,000.00 TOTAL VALUE OF CHANGE ORDERS: REASON FOR CHANGE ORDERS: CONTRACT START AND COMPLETION DATES: WAS PROJECT COMPLETED ON TIME(IF NOT EXPLAIN THE DELAYS): OWNER OF PROJECT: OWNER CONTACT NAME AND PHONE NUMBER: Keith Stephens, (772) 466-1600, ext 4515 ENGINEERING FIRM (DURING CONSTRUCTION): ENGINEER CONTACT NAME, PHONE NUMBER,AND ADDRESS: ADDITIONAL INFORMATION: Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) Page 27 Qualification Requirements (Continued) (2) NAME&LOCATION OF PROJECT:Membrane Services Supplier Contract City of Port St Lucie, FL CHECK ONE OF THE FOLLOWING OPTIONS, BIDDER WAS: N] PRIME CONTRACTOR [ ] SUBCONTRACTOR YEAR OF PROJECT: 9/20/20 - 9/20/24 SCOPE OF WORK: CONTRACT VALUE: TOTAL VALUE OF CHANGE ORDERS: REASON FOR CHANGE ORDERS: CONTRACT START AND COMPLETION DATES: WAS PROJECT COMPLETED ON TIME (IF NOT EXPLAIN THE DELAYS): OWNER OF PROJECT: OWNER CONTACT NAME AND PHONE NUMBER: Pierre Vignier, (772) 871-5434 ENGINEERING FIRM (DURING CONSTRUCTION): ENGINEER CONTACT NAME, PHONE NUMBER,AND ADDRESS: ADDITIONAL INFORNIATION: Town of Jupiter Utilities Unit Price Contract for Membrane Services IW2d06) Page 28 Qualification Requirements (Continued) (3) NAME&LOCATION OF PROJECT:Replace leaking vessels on 2 trains and membrane in 3 trains. St Lucie West SErvices District, Port St. Lucie, Florida CHECK ONE OF THE FOLLOWING OPTIONS, BIDDER WAS: ( ] PRIME CONTRACTOR [I SUBCONTRACTOR YEAR OF PROJECT: 2021 SCOPE OF WORK: CONTRACT VALUE: TOTAL VALUE OF CHANGE ORDERS: REASON FOR CHANGE ORDERS: CONTRACT START AND COMPLETION DATES: WAS PROJECT COMPLETED ON TIME(IF NOT EXPLAIN THE DELAYS): yes OWNER OF PROJECT: OWNER CONTACT NAME AND PHONE NUMBER: Josh Miller, 772-340-0220 ENGINEERING FIRM (DURING CONSTRUCTION): ENGINEER CONTACT NAME, PHONE NUMBER,AND ADDRESS: ADDITIONAL INFORMATION: Seal-evel Systems was prime on this job Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) Page 29 Qualification Requirements (Continued). (4) NAME&LOCATION OF PROJECT:Highland Beach Water Treatment Plant Highland Beach, FL CHECK ONE OF THE FOLLOWING OPTIONS, BIDDER WAS: QC] PRIME CONTRACTOR [ ] SUBCONTRACTOR YEAR OF PROJECT: 2023 SCOPE OF WORE: Replace hydraulic turbo chargers With new and modify piping for differences CONTRACT VALUE: TOTAL VALUE OF CHANGE ORDERS: REASON FOR CHANGE ORDERS: CONTRACT START AND COMPLETION DATES: WAS PROJECT COIAPLETED ON TIME(IF NOT EXPLAIN THE DELAYS): OWNER OF PROJECT: OWNER CONTACT NAME AND PHONE NUMBER: David Richards (561) 637-2036 ENGINEERING FIRM (DURING CONSTRUCTION): ENGINEER CONTACT NAME, PHONE NUMBER,AND ADDRESS: ADDITIONAL INFORMATION: Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) Page SO Qualification Requirements(Continued) (5) NAME&LOCATION OF PROJECT: CHECK ONE OF THE FOLLOWING OPTIONS, BIDDER WAS: [ ] PRIME CONTRACTOR [ ] SUBCONTRACTOR YEAR OF PROJECT: SCOPE OF WORK: CONTRACT VALUE: TOTAL VALUE OF CHANGE ORDERS: REASON FOR CHANGE ORDERS: CONTRACT START AND COMIPLETION DATES: WAS PROJECT COMPLETED ON TIME(IF NOT EXPLAIN THE DELAYS): OWNER OF PROJECT: OWNER CONTACT NAME AND PHONE NUMBER: ENGINEERING FIRM (DURING CONSTRUCTION): ENGINEER CONTACT NAME, PHONE NUMBER,AND ADDRESS: ADDITIONAL INFORMATION: Town of Jupiter Utilities Jnit Price Contract for Membrane Services(W2406) Page 31 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 Intent to Award or Notice of Award,which ever one is received first, 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: 2 calendar years from Notice to Proceed Final Completion: 2 calendar years from Notice to Proceed The undersigned understands the Contract time starts on the date of Notice to Proceed. The undersigned understands the Contract time includes time for Contractor to obtain permits,submit and obtain shop drawing approvals, order materials, receive deliveries, complete all Work required of the Contract, and to close out the Contract. The undersigned agrees that all bid documents issued for this project, Including addenda, have been reviewed and site visits performed, as necessary to provide a comprehensive bid.The undersigned acknowledges receipt of,1 (insert number)Addenda for this project. The undersigned furthermore agrees that, in case of failure on undersigned's part to sign said contract and provide required bonds, power of attorneys, and insurance within (15) days after receipt of a Notice 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. DType text here 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 estimated valve of the initial contract term 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 Unit Price contract for Membrane Services(w2406) Page 32 Proposal (Continued) 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 August 8, 2023 FIRM NAME Membrane Treatment Services, LLC FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN) 45-3995375 (if the entity has no FEIN, include the Social Security Number of the individual signing this Proposal SIGNATURE OF RESPONSIBLE OFFICIAL PRINT NAME AND TITLE OF RESPONSIBLE OFFICIAL R. Bruce Whitty EMAIL ADDRESS OF RESPONSIBLE OFFICIAL rbwhitty@juno.com BUSINESS ADDRESS 1024 Grandview Boulevard, Fort Pierce, FL 34982 BUSINESS TELEPHONE (561) 644-0097 STATE OF INCORPORATION Florida ere FULL NAMES AND ADDRESSES OF PERSONS OR PARTIES INTERESTED IN THE FOREGOING BID,AS PRINCIPALS: - FULL NAME,TITLE, EMAIL ADDRESS,AND PHONE NUMBER OF PERSON MANAGING THE WORK UNDER THIS CONTRACT: THIS SPACE WAS INTENTIONALLY LEFT BLANK. PROCEED TO NEXT PAGE. Town of Jupiter Utilities Unit Price contract for Membrane services(W2406) Page 33 Contractor Safetv Qualification Form SECTION 1: COMPANY INFORMATION Company Name:Membrane Treatment Services, LLC Address 1:1024 Grandview Boulevard Address 2: City,State,zip:Fort Pierce, FL 34982 Telephone No.:(561) 644-0097 Fax No.: Y SECTION 2: NAME(S)AND RELAT IONSHIPS OF PARENT COMPANY,AFFILIATES,SUBSIDIARIES,PARTNERS Company Name:N/A Address: City,State,Zip: Relationship: Company Name: __. Address: City,State,Zip: Relationship: SECTION 3: INSURANCE COVERAGE 3.1 Please attach certificates showing the extent of coverage, exclusions and deductibles for the following: - General Business Liability Insurance - Professional Liability Insurance Contractors Pollution Liability Insurance Workman's Compensation Insurance _ 3.2 How long have you been covered by your current provider of Workman's Compensation Insurance? 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 Town of Jupiter Utilities Unit Price contract for Membrane Services(W2405) Page 3:1 Contractor Safety Qualification Form (Continued) 3.4 List the contact information for an insurance broker who can verify your EMR's: Name:State Insurance, Inc. Address 1:1010 Martin Downs Blvd. Address 2: ^^ City,State,Zip:Palm City, FL 34990 Telephone No.:(772)426-9933 If you do not have an EMR,please explain: not mod rated SECTION 4:INJURY AND FATALITY INFORMATION 4.1 Please transfer the numbers and rates of injuries and illnesses from your firm's OSHA No.200 Logs to the table below: Year:2022 Year:2021 Year:2020 Statistic No. Rate No. Rate No. Rate Lost Workday Cases 0 0 0 Restricted Workday Cases 0 0 0 Medical Treatment (not First Aid)Cases 0 0 0 Total Illness Cases 0 0 0 Total Recordable Cases 0 0 0 Fatalities 0 0 1 10 4.2 If your company has had fatalities in the past three years include location,cause and corrective actions in the space below: Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) Page 35 Contractor Safety Qualification Form (Continued) SECTION 5:SAFETY MEETINGS 5.1 Do you require that documented safety meetings be held for: Field Supervisors?_Yes_No Frequency: Employees?_Yes_No Frequency: New Hires?_Yes_No Frequency: Subcontractors?_Yes_No Frequency: SECTION 6:SAFETY AUDITS 6.1 Will a representative of your company audit safety practices on this job? Yes No Name: Title: How frequently will the representative visit the project site? 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). 7.2 Please give the name and telephone number of your company's health and safety officer,if any: Name: Title: Telephone No.: SECTION 8:HEALTH AND SAFETY CITATIONS 8.1 Attach a list of any State or Federal Health and Safety citations received during the past three years. SECTION 9:SIGNATURE OF COMPANY OFFICER I certify that to the best of my knowledge,information,and belief formed after reasonable inquiry,the information submitted is true,accurate,and complete. Name(print): R.Bruce Whitty Title: Owner Signature: ` Date: `l 7 1•)0,)3 Town of Jupiter Utilities Unit Price contract for Membrane Services(W2406) Page 36 Contractor E-Verify Affidavit I hereby certify that Membrane Treatment Services. LLC [insert contractor company name] does not employ, contract with, or subcontract with an unauthorized alien, and is otherwise in full compliance with Section 448.095, Florida Statutes. All employees hired on or after January 1,2021 have had their work authorization status verified through the M E-Verify system. A true and correct copy of Membrane Treatment Services, LLC [insert contractor company name] proof of registration in the E-Verify system is attached to this Affidavit. s Print Name: Date: i STATE OF FLORIDA COUNTY OF 157- e CD The foregoing instrument was acknowledged before me by means of/physical presence or / online notarization, thisl `lk"1 (date) by i' Ak t;, /iJ�ar� (name of officer or agent, title of officer or agent) of !%ir_Wm' %� f1'S %r.1(rame of contractor company acknowledging), a ri��!t?/�' (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or has produced (type of identification) as identification. 306 7- 't a-lo3—O LL6 :Notary Seal] Notary Publi:: ame typed,printed or stamped My Commission Expires: uuii n .�0'Y.Puo%4 Sabrina Hunter Comm.#HH065866 .`j Expires:Nov.22,2024 '��• �;;;:��'Bonded Thru Aaron Notary Town of Jupiter Utilities Unit Price Contract for Membrane Services(W 240G) Page 37 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 R.Bruce Whitty [print individual's name and title] ,. for Membrane Treatment Services, LLC [print name of entity submitting sworn statement] whose business address is 1024 Grandview Boulevard,Fort Pierce,FL 34982 and(if applicable)its Federal Employer Identification Number(FEIN)is: 45-3995375 (If the entity has no FEIN,include the Social Security Number of the individual signing this sworn Statement: .) 2. 1 understand that a"public entity crime"as defined in Paragraph 287.133(1)(g),Florida Statutes.means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States,including, but not limited to, any bid or contract for goods or services to be provided to -� any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that"convicted" or"conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding or guilt or a conviction of a public entity crime,with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1,1989,as a result of a jury verdict,nonjury trial,or entry of a plea of guilty or nolo 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 �- 2. 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 Town of Jupiter utilities Unit Price Contract for Membrane Services(W2406) Page 39 a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a"person"as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to — enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity,or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees,members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.] X Neither the entity submitting this sworn statement,nor any officers,directors,executives,partners, shareholders,employees,members,or agents who are active in the management of the entity, nor any affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,shareholders,employees,members,or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,1989. _The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,shareholders,employees,members,or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,1989. However,there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in public interest to place the entity submitting this sworn statement on the — convicted vendor list. [attach a copy of the final order] I UNDERSTAND THATTHE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1(ONE)ABOVE 15 FOR THAT PUBLIC ENTITY ONLY AND,THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT 15 FILED, I ALSO UNDERSTAND THAT 1 AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [signature] Sworn to and subscribed before me this EAU1 day of Al q U 5, Personally known OR Produced identification -4 w -6Z.&3 Notary Public—State of tAu0A, bZzp ui +u My commission expires /�/�. t#- ,%15y P,;'��,s, q —j---, b _moo: Comm.a �+untor :;�= mm.#HH065866 _ Expires-Nnv 92.2024 (Printed typed or stamped commissioned name notary public) 'n,t,lltt���� Bonded Thru Aaron Notar) Town of Jupiter Utilities Unit Price Contract for Membrane services(W 24e6) Page 40 DATE(P.IMJDDfYYYY) ACC?R" CERTIFICATE OF LIABILITY INSURANCE D 2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy.certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTE:ACT IVIIt-yTaylOf NAM State Insurance Agency Inc. PHONE (,72)426-9933 AX (772)420-9043 _f NC yo Extl: NC,No 1010 SN1 Martin Downs Blvd EMAIL certificates(gstateinsuranceagent.com ADDRESS: INSURER(S)AFFORDING COVERAGE I NAIC P P31m City FL 34090 INSURER A: Starstone Specially Insurance Co I INSURED _IN;?UBEft Progressive Express Insurance Company 10193 Membrane Treatment Services.LLC INSURER C: Technology Insurance Company 1024 Grandview Blvd INSURER D; INSURER E: _ Fort Pierce FL 34982 INSURER F COVERAGES CERTIFICATE NUMBER: CL238?17343 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVNTHSTA.NDINGANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER,DOCUMENT V'JTH RESPECT TO`N I-11CH 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. INSAPOLIO EFF POLICY EXP LTR I TYPE OF INSURANCE INSD WVD POLICY NUMBER IMP.VDDlYYYY 11111IDDlYYYY LIMITS X COMMERCULL GENERAL LIABILITY EACHOCCURRENCE 5 1,000000 UAMCLx.%is.MAnF I -I OCCUR. PREMISES(Eaoccm nce) 5 10,000 MEO EXP(Any one person) S 10,000 A K81195231AEM 01/03/2023 01/03/2024 p=RSONALBADVINJURY s 1,000,000 GEit'L AGGREGATE LIMIT APPLIES PER GENERALAGGP.EGATE 5 2,000,000 POLICY❑JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: Professional S 2,000,000 AUTOMOBILE LIABILITY C+L•17 3M'J=f lt•k�U.'Et MIT $ 300,000 rEa amoen: ANY AUTO BODILY INJURY(Per person) S B OWNED X SCHEDULED 01910319 10122/2022 10/22/2023 BODILY INJURY(Per aaidenn 5 AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per amdenl) S UMBRELLAUAB OCCUR EACH OCCURRENCE S EXCESS LIAR HCLAIMS-MACE AGGREGA'.E $ DED I I RETENTION S S WORKERS COMPENSATION I PER OT^4 AND EMPLOYERS'LIABILJ YIN TY STATUTE ER 100,000 C .ANY FRORREMBER ARTNEEDJCECUTIVE NIA TVJC4235092 04/15!2023 04/16/2024 EL.EACHACCIDEIT S CFFICERlh1EMBER EXCLUOEDI "-` JMndaleryInNH) E.L.DISEASE-LAtMPLOYtt S 1C0,000 !t yes,desvlte Ender 5120.000 DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT DCSCRIPn ON OF OPERA'nON31 LOCA'nON3/VEHICLES(ACORD 101,Addi:ronml nemnrka Sahmdula,may bm aitachmd if mu m mpaca im.eyuimd) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE V41LL BE DELIVERED IN Town of Jupiter ACCORDANCE WITH THE POLICY PROVISIONS. 210 Military Trail AUTHORIZED REPRESENTATIVE Jupiter FL 33458 I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 8/8123,9:27 AM Gmail-Welcome to E-Verify—Your E-Verify Enrollment Confirmation Gmail Aileen VUhitty<►1lembranetreatment@gmaii.com% Welcome to E-Verify —Your E-Verify Enrollment Confirmation 1 message enrotiment@uscis.dhs.gov<enrollment@uscisAhs.gov> Thu,Apr 29,2021 at 12:04 PM To: niembranetreatmeiit@gmaii.com Welcome to E-Verify.You have successfully enrolled your company in the program. Here is your login information: Your program administrator ID: AWHI5657 Your temporary password: There are still a few things you need to do before you can begin using E-Verify. Just follow the steps below to get started: 1. Go to the E-Verify website at ttps:Ue-veriy.uscis.govfwebl. -- You'll visit this website every time you log in to E-Verify to verify your employees. We recommend you 'bookmark'or save this website as a 'favorite'so you'll have easy access to it in the future. 2. Log in to E-Verify using the user ID and temporary password listed above. '- Once you log in,you'll be required to change your password. Your new password must meet our password security standards(we'll tell you more about this when you change your password). 3.Create your password challenge questions. This is really important because if you ever forget your password,you can answer the password challenge questions ,you created and reset your password without having to contact us. 4.Take the E-Verifv online tutorial. — Though we've put a lot of effort into making E-Verify easy to use,work eligibility and immigration are complicated subjects. The required online tutorial will teach you how to use E-Verify and what you need to do to follow the rules of the program. You don't have to take the entire tutorial at one time, but you will have to complete it and pass the knowledge — test before you can begin using E-Verify. You can access the tutorial from the E-Verify home page after you've logged in. 5.Register additional users(if necessary). After you've completed the tutorial and have passed the knowledge test, you can register additional users by clicking on the'Add New User'link on the left menu of the E-Verify home page. When you register a new user,you can choose between program administrator and general user access. Anyone with program administrator access can add,delete, modify and reset the passwords of other program administrator and general user accounts. — SHARING USER IDs AND PASSWORDS IS NOT ALLOWED so if you have additional people who will use E-Verify, you must register them with their own user IDs and passwords.You're ultimately responsible for any activity associated with your user ID so don't share your password with anyone—and that includes us.(If you ever contact our help desk,we'll never ask for your password either.) Need Help? If you need help using E-Verify or you have questions about E-Verify policies,we're here for you. We're also always looking for ways to improve E-Verify so please tell us how we can make E-Verify work better for you. You can reach us by phone at 888-464-4218 or by e-mail at G-Verify@uscis.dhs.rJov. E-Verify Customer Support is available Monday through Friday from 8 a.m.to 5 p.m. local time except on federal holidays. (Don't reply to this e-mail because these a-mails are sent automatically and replies won't reach a live person.) We're excited that you've joined E-Verify and we're committed to helping your company ensure a legal workforce. Regards, ThA E-Verify T©om https:t/mai!.google.com/mailtul0/?ik=ba 1 clab384f&vievr=pt&search=all&permthid=thread-f:1698391418276570091%7Cmsg-f.1698391418276570091&... 111 Notice of Intent to Award DATE: August 30, 2023 TO: Membrane Treatment Services, LLC 1024 Grandview Boulevard Fort Pierce, FL 34982 ATT: R. Bruce Whitty Project: Unit Price Contract for Membrane Services(W2406) Gentlemen: This is to advise that on September 19, 2023, 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$96,025.00 submitted to the Town of Jupiter(Owner)on August 8, 2023. 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 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. T Please return the signed Agreements with required certificates of insurance within fifteen (15) consecutive calendar days from September 5,2023. One fully executed original and one copy of the executed Contract will be provided to you along with on or before the Pre-Construction meeting. Sincerely, Chris McKenzie Town of Jupiter Utilities Services Manager Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) Page 41 Notice of Award DATE: September 20, 2023 TO: Membrane Treatment Services, LLC 1024 Grandview Boulevard Fort Pierce, FL 34982 ATT: R. Bruce Whitty Project: Unit Price Contract for Membrane Services (W2406) Gentlemen: This is to advise you that on September 19, 2023, 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 August 8,2023, in the amount of$96,025.00. 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, Chris McKenzie Town of Jupiter Utilities Services Manager Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) Page 42 Agreement (Contract) Between Owner and Contractor This Agreement(Contract) made this day of__ (,V Cy6 , �Ot-17 by and between the Town of Jupiter, a public agency of the State of Florida hereinafter designated as the "the TOWN" and "OWNER",and Membrane Treatment Services, LLC, 1024 Grandview Boulevard, Fort Pierce, FL 34982 a Corporation,whose FEIN number is 45-3995375(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: Perform in place chemical cleaning of reverse osmosis(RO)and nanofiltration(NF)membrane, troubleshooting and repair of RO and NF membrane systems including but not limited to pressure vessel leaks, instrumentation,sample panels, instrument panels, etc., utilizing one or a combination of unit price bid items for the provision of labor, tools and equipment as described by the Bidding Documents. Materials under this contract may be procured directly by the Owner, or Contractor may be requested to provide price proposals for materials based on specific work scopes, unless otherwise stated in the Bid Documents. Contractor shall make crews available to perform non-emergency work within a reasonable time of Owner's request. Crews for emergency work shall be made available immediately upon Owner's request. There is no guarantee as to any amount of work to be performed under this contract. Work under this contract is subject to annual appropriations by the Jupiter Town Council. The initial term of this continuing services contract is two calendar years. Provisions for contract renewals for one additional two year term and one additional one year term are provided for in this contract. 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: UNIT PRICE CONTRACT FOR MEMBRANE SERVICES (W2406) FOR THE TOWN OF JUPITER UTILITIES,JUPITER, FLORIDA ARTICLE 2. ENGINEER. 2.1 The Project has been designed by the following: Town of Jupiter Utilities Department 210 Military Trail Jupiter, FL 33458 2.2 Town of Jupiter will administer the Contract during the construction phase. Engineer will participate in the Contract during the construction phase. ARTICLE 3. CONTRACT TIME. 3.1 The Work will have a substantial completion date and a final completion date after the date when the Contract Time commences to run as provided in Paragraph 4.01 of the General Conditions, and as outlined below.The work will be completed and ready for substantial and final payments in accordance with Article 15 of the General Conditions and as outlined below: Substantial Completion: 2 calendar years from Notice to Proceed Final Completion: 2 calendar years from Notice to Proceed 3.2 Unless extended or terminate, the period of performance of this CONTRACT shall commence upon the effective date of execution by the OWNER and continue for a period of 2 years or seven hundred and thirty calendar days (730 days). Written Notice to Proceed and Work Order duration will be mutually agreed upon by both the CONTRACTOR and OWNER and provided in Work Orders outlining work. The Town of Jupiter Utilities """ Unit Price Contract for Membrane Services(W2406) Page 43 CONTRACTOR shall not proceed with work under this CONTRACT until a Work Order with written Notice to Proceed is received from the OWNER. 3.3 The initial term of the Contract will be two years(730 calendar days)from the date of Notice to Proceed. Owner may at Owner's sole discretion renew this Contract for one (1) additional two (2) year term and one(1)additional (1)year term for a total Contract period of five (5)years, in accordance with the Town of Jupiter's Purchasing Policy and 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. 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 This provision of Liquidated Damages for delay shall in no manner affect the TOWN's right to terminate the CONTRACT.The OWNER's exercise of the right to terminate shall not release the CONTRACTOR from — his obligation to pay Liquidated Damages. It is further agreed that the OWNER may deduct from the balance of the CONTRACT sum held by the OWNER the Liquidated Damages stipulated herein or such portions as said balance will cover. ARTICLE 4. CONTRACT PRICE. 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds according to the Contract Unit Prices. Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) Page 44 4.2 No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open end Contract. Estimated quantities will be used for Bid comparison purposes only. The Owner reserves the right to issue Work Orders as and when required for proposed work for any or all bid items or any combination thereof. Work under this Contract is subject to fiscal appropriation by the Jupiter Town Council in either or both the Town's Community Investment Program (CIP) and fiscal year operating budgets. Estimated funding budgets anticipated being available for the original two year contract term and subsequent two year and one year renewal terms 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 Annual Funding Town of Jupiter Unit Price Contract for Membrane Services Contract Estimated Funding Source Term Project Description Value Membrane Services & Unanticipated Non-Emergency Repairs S160,000 WTP Operating Budget Initial Unanticipated Emergency Repairs $50,000 WTP Operating Budget Initial Term 2 rs Estimated Total $210,000 Membrane Services & Unanticipated Non-Emergency Repairs 5160,000 WTP Operating Budget --- Unanticipated Emergency Repairs $50,000 WTP Operating Budget 15t Renewal V Renewal Term 2 rs) Estimated Total $210,000 Membrane Services & Unanticipated Non-Emergency Repairs $80,000 WTP Operating Budget Unanticipated Emergency Repairs $50,000 WTP Operating Budget -� 2nd Renewal 211 Renewal Term 1 r) Estimated Total $130,000 Estimated 5 Yr. Total $550,000 i ARTICLE 5. 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. Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) Page 45 5.3 Progress Payments.OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment within 30 days of receipt of each monthly approved application for payment during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the agreed upon schedule of values provided for in Articles 2 and 15 of the General Conditions. 5.4 Progress payments will be made in an amount equal to 95%of the Work completed,and 95%of materials and equipment not incorporated in the Work but delivered and suitably stored, less in each case the aggregate of payments previously made. Owner is not obligated to pay for stored materials and may choose to withhold payment until materials are incorporated into the Work. 5.5 Owner, at its discretion may further increase payments to 98%of the work completed upon Substantial Completion. Owner is not obligated to increase payments to 98%of work completed. 5.6 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 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: 8.1(a) Table of Contents 8.1(b) Specifications&Appendices Index 8.1(c) Advertisement for Bids Town of Jupiter Utilities �"` Unit Price Contract for Membrane Services(W2406) Page 46 8.1(d) Instructions to Bidders 8.1(e) Proposal (Including List of Subcontractors and Qualification Requirements) 8.1(f) Contractor Safety Qualifications/Requirements(Including Contractor Safety Qualification Form) 8.1(g) Contractor E-Verify Affidavit form 8.1(h) Subcontractor E-Verify Affidavit form 8.1(i) Sworn Statement 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) Opinion of Town Attorney 8.1(n) Notice to Proceed 8.1(o) General Conditions 8.1(p) Supplementary Conditions 8.1(q) Any Modifications, including Change Orders, duly delivered after execution of Agreement. 8.1(r) Technical Specifications including Appendices bearing the title: Unit Price Contract for Membrane Services(W2406) 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 Article 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 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 Town of Jupiter Utilities '" Unit Price Contract for Membrane Services(W2406) Page 47 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 561-741-2469, JENNIFERM@JUPITER.FL.US, OR 210 MILITARY TRAIL, JUPITER, FL 33458. 9.6 This Agreement is subject to and governed by the laws of the State of Florida, including without �. limitation Chapter 448, Florida Statutes, which provides for General Labor Regulations, and specifically Section 448.095, Employment Eligibility. The Contractor acknowledges its legal obligation to comply with § 448.095, Florida Statutes, 9.6(a) Pursuant to Section 448.095, Florida Statutes, beginning January 1, 2021, Contractor shall register with and use the U.S. Department of Homeland Security's E-Verify system, https://e-verifv.uscis.gov/emp—to verify the work authorization status of all Contractor employees hired on and after January 1, 2021. 9.6(b) Subcontractors- (i) Contractor shall also require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement. �- (ii) Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. (iii) Contractor shall provide a copy of all subcontractor affidavits to the Town upon receipt and shall maintain a copy for the duration of the Agreement. 9.6(c) Contractor must provide evidence of compliance with Section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1, 2021 have had their work Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) Page 48 authorization status verified through the E-Verify system and a copy of their proof of registration is in the E-Verify system. 9.6(d) Failure to comply with this provision is a material breach of the Agreement, and shall result in the immediate termination of the Agreement without penalty to the Town. Contractor shall be liable for all costs incurred by the Town to secure a replacement Agreement, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding -- costs, if applicable. IN WITNESS WHEREOF, the parties hereto have signed two (2) copies of this Agreement. At least one counterpart each has been delivered to OWNER and CONTRACTOR.All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. OWNER CONTRACTOR Town of Jupiter Membrane Treatment Services, LLC 210 Military Trail 1024 Grandview Boulevard Jupiter, FL 33458 Fort Pierce, FL 34982 By: ga;M�►xxuxlnryrr" / Jim l uretski, Mayor �, �4 4 R. Bruce Whitty (TOWN SEAL) �� = O(CORPORATE SEAL) _e (� C ti IMCO►011AI1�-� ATTEST �s *ya�� ATTEST Laura E. Cahill,Town Clerk PRINT NAME AND POSITION Town of Jupiter Utilities "^ Unit Price Contract for Membrane Services(W2406) Page 49 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. J i Thom' as Baird, Esquire ,1 '} Attorney for Town of Jupiter This the,Z day of '�- ,20 -_ Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) Page 50 Notice to Proceed (NTP) DATE: to t \zo Z Z7 TO: Membrane Treatment Services, LLC 1024 Grandview Boulevard Fort Pierce, FL 34982 ATT: R. Bruce Whitty PROJECT: Unit Price Contract for Membrane Services(W2406) Town of Jupiter Utilities Jupiter, Florida Gentlemen: One fully executed Copy of your Contract is enclosed. The commencement date for the initial two year (730 calendar days) term of this Contract is c, —b ;w-r I , SO Z ?'J . The OWNER reserves the right to extend the Contract for additional terms as described in the Contract Documents. Under this Contract, the Town will issue work orders to the Contractor for each project/repair/scope of work to be performed under this Contract on an as needed basis. The work orders will be agreed to between the Owner and the Contractor in writing with a detailed listing of the appropriate pay items identified in the Bid/Contract Schedule of Values as well as materials necessary to complete the work and a schedule for the work before a purchase order is issued, 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 this Contract on the Commencement date,which shall begin the Contract Time. Town of Jupiter Utilities will monitor the progress of the work and conformance with the Contract. The Contractor shall be responsible to record a Notice of Commencement with Palm Beach County and provide the Owner with a copy of the recorded document before the work begins. Sincerely, Q p Chris McKenzie Town of Jupiter Utilities Services Manager Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) Page 51 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS Prepared by EJCD C .= ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by AC E C AGC of America :.� i n•e.isxx wr=r rrnta,c u7xraN_masor,a,+tair.: dwxi....Crn scn.n F...n,n eu..11,a...n. QWllty People.Quality Proje<b. .S.C.—E American Society National Society of Professional Engineers Aof Civil Engineers Professional Engineers In Privete Pracllce —' AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS ASSOCIATED GENERAL CONTRACTORS OF AMERICA PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright CO 2010 National Society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. Page i These Standard General Conditions for Procurement Contracts have been prepared for use with the Suggested Instructions to Bidders for Procurement Contracts (EJCDC P-200, 2010 Edition), the Agreement Between Buyer and Seller for Procurement Contracts (EJCDC P-520, 2010 Edition), and the -e Guide to Preparation of Supplementary Conditions for Procurement Contracts (EJCDC P-800, 2010 Edition). Their provisions are interrelated and a change in one may necessitate a change in the others. Additional information concerning the use of the EJCDC Procurement Documents may be found in the Commentary on Procurement Documents(EJCDC P-001, 2010 Edition). Copyright©2010: National Society of Professional Engineers 1420 King Street, Alexandria,VA 22314-2794 (703) 684-2882 http;//x\-ww.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 http//www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive,Reston,VA 20191-4400 (800) 548-2723 http://www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400,Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for EJCDC P-700 is owned jointly by the four EJCDC sponsoring organizations listed above.The National Society of Professional Engineers(NSPE) is the Copyright Administrator for the EJCDC documents;please direct all inquiries and requests regarding EJCDC copyrights to NSPE. •— NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the four sponsoring organizations above. EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright,9 2010 National Society of Professional Engineers,American Council of Engineering Companies, :American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. Page ii TABLE OF CONTENTS Page ARTICLE 1 -DEFINITIONS AND TERMINOLOGY......................................................................... 1 1.01 Defined Terms............................................................................................................................ 1 1.02 Terminology...............................................................................................................................4 ARTICLE 2 -PRELIMINARY MATTERS ........................................................................................... 5 2.01 Delivery of Bonds...................................................................................................................... 5 2.02 Evidence of Insurance................................................................................................................ 5 2.03 Copies of Documents................................................................................................................. 5 2.04 Commencement of Contract Times;Notice to Proceed............................................................. 5 2.05 Designated Representatives............................. 2.06 Progress Schedule ...................................................................................................................... 5 2.07 Preliminary Conference.............................................................................................................. 6 .. 2.08 Safety...................................................................................................................................... 6 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT AND AMENDING.......................................... 6 3.01 Intent........................................................................................................................................... 6 3.02 Standards, Specifications, Codes, Laws and Regulations.......................................................... 6 3.03 Reporting and Resolving Discrepancies .................................................................................... 7 -. 3.04 Amending and Clarifying Contract Documents......................................................................... 8 ARTICLE 4 -BONDS AND INSURANCE........................................................................................... 8 -.. 4.01 Bonds.......................................................................................................................................... 8 4.02 Insurance.................................................................................................................................... 9 4.03 Licensed Sureties and Insurers................................................................................................... 9 ARTICLE 5 - SELLER'S RESPONSIBILITIES.................................................................................... 9 5.01 Supervision and Superintendence.............................................................................................. 9 5.02 Labor, Materials and Equipment.............................................................................................. 10 5.03 Laws and Regulations.............................................................................................................. 10 5.04 Or Equals.................................................................................................................................. 10 -- 5.05 Taxes........................................................................................................................................ 11 5.06 Shop Drawings and Samples.................................................................................................... 11 5.07 Continuing Performance .......................................................................................................... 13 5.08 Seller's Warranties and Guarantees......................................................................................... 13 5.09 Indemnification........................................................................................................................ 14 5.10 Delegation of Professional Design Services............................................................................ 15 ARTICLE 6 - SHIPPING AND DELIVERY........................................................................................ 15 6.01 Shipping................................................................................................................................... 15 6.02 Delivery.................................................................................................................................... 16 6.03 Risk of Loss.............................................................................................................................. 16 6.04 Progress Schedule .................................................................................................................... 16 ARTICLE 7 -CHANGES: SCHEDULE AND DELAY...................................................................... 17 7.01 Changes in the Goods and Special Services............................................................................. 17 -- 7.02 Changing Contract Price or Contract Times............................................................................ 17 EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright C 2010 National society of Professional Engineers,American Council of Engineering Companies, .., American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. Page i ARTICLE 8 - BUYER'S RIGHTS........................................................................................................ 18 8.01 Inspections and Testing............................................................................................................ 18 8.02 Non-Conforming Goods or Special Services..................... 8.03 Correction Period .....................................................................................................................20 -� ARTICLE 9 - ROLE OF ENGINEER...................................................................................................21 9,01 Duties and Responsibilities...................................................................................................... 21 9.02 Clarifications and Interpretations............................................................................................. 21 9.03 Authorized Variations.............................................................................................................. 21 9.04 Rejecting Non-Conforming Goods and Special Services........................................................21 9.05 Decisions on Requirements of Contract Documents................................................................21 9.06 Claims and Disputes................................................................................................................. 22 ARTICLE 10- PAYMENT...................................................................................................................22 10.01 Applications for Progress Payments ........................................................................................22 10.02 Review of Applications for Progress Payments.......................................................................23 «- 10.03 Amount and Timing of Progress Payments ............................................................................. 24 10.04 Suspension of or Reduction in Payment ..................................................................................24 10.05 Final Application for Payment.................................................................................................24 -^ 10.06 Final Payment...........................................................................................................................24 10.07 Waiver of Claims .....................................................................................................................25 ARTICLE 11 - CANCELLATION, SUSPENSION, AND TERMINATION......................................25 11.01 Cancellation..............................................................................................................................25 11.02 Suspension of Performance by Buyer......................................................................................25 11.03 Suspension of Performance by Seller.......................................................................................26 11.04 Breach and Termination...........................................................................................................26 ARTICLE 12 - LICENSES AND FEES................................................................................................27 12.01 Intellectual Property and License Fees.....................................................................................27 12.02 Seller's Infringement................................................................................................................27 12.03 Buyer's Infringement...............................................................................................................28 12.04 Reuse of Documents.................................................................................................................28 12.05 Electronic Data......................................................................................................................... 29 ARTICLE 13 -DISPUTE RESOLUTION............................................................................................29 13.01 Dispute Resolution Method......................................................................................................29 ARTICLE 14- MISCELLANEOUS.....................................................................................................30 14.01 Giving Notice........................................................................................................................... 30 -- 14.02 Controlling Law....................................................................................................................... 30 14.03 Computation of Time............................................................................................................... 30 14.04 Cumulative Remedies .............................................................................................................. 30 14.05 Survival of Obligations............................................................................................................ 30 14.06 Entire Agreement..................................................................................................................... 31 EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright 2010 National Society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. Page ii STANDARD GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Whenever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to the singular or plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument signed by both Buyer and Seller covering the Goods and Special Services and which lists the Contract Documents in existence on the Effective Date of the Agreement. 3. Application for Payment—The form acceptable to Buyer which is used by Seller in requesting progress and final payments and which is accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid—The offer or proposal of a Seller submitted on the prescribed form setting forth the prices for the Goods and Special Services to be provided. 5. Bidder—The individual or entity that submits a Bid directly to Buyer. 6. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and Bid Form with any supplements. 8. Buyer—The individual or entity purchasing the Goods and Special Services. 9. Change Order—A document which is signed by Seller and Buyer and authorizes an addition, deletion,or revision to the Contract Documents or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. Change Orders may be the result of mutual agreement by Buyer and Seller, or of resolution of a Claim. EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright 0 2010 National Society of Professional Engineers,American Society of Civil Engineers, American Council of Engineering Companies,and Associated General Contractors of America.All rights reserved. 10. Claim—A demand or assertion by Buyer or Seller seeking an adjustment of Contract .. Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between Buyer and Seller concerning the Goods and Special Services. The Contract supersedes prior negotiations, representations,or agreements, whether written or oral. 12. Contract Documents—Those items so designated in the Agreement. Shop Drawings and other Seller submittals are not Contract Documents, even if accepted, reviewed, or approved by Engineer or Buyer. 13. Contract Price—The moneys payable by Buyer to Seller for furnishing the Goods and Special Services in accordance with the Contract Documents as stated in the Agreement. 14. Contract Times—The times stated in the Agreement by which the Goods must be delivered and Special Services must be furnished. 15.Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Goods and Special Services to be furnished by Seller. Shop Drawings and other Seller submittals are not Drawings as so defined. 16.Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. V.Engineer—The individual or entity designated as such in the Agreement. 18.Field Order—A written order issued by Engineer which requires minor changes in the ._ Goods or Special Services but which does not involve a change in the Contract Price or Contract Times. 19. General Requirements—Sections of Division I of the Specifications. The General Requirements pertain to all sections of the Specifications. 20. Goods—The tangible and movable personal property that is described in the Contract Documents,regardless of whether the property is to be later attached to realty. 21. Goods and Special Services—The full scope of materials, equipment, other items, and services to be furnished by Seller, including Goods, as defined herein, and Special Services, if any, as defined herein. This term refers to both the Goods and the Special Services, or to either the Goods or the Special Services, and to any portion of the Goods or the Special Services, as the context requires. EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright 0 2010 National Society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors orAmerica.All rights reserved. Page 2 22.Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 23.Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to the Contract Times. 24.Notice ofAward—The written notice by Buyer to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Buyer will sign and deliver the Agreement. 25.Notice to Proceed—A written notice given by Buyer to Seller fixing the date on which the Contract Times commence to run and on which Seller shall start to perform under the Contract. 26.Point of Destination—The specific address of the location where delivery of the Goods shall be made, as stated in the Agreement. 27.Project—The total undertaking of which the Goods and Special Services may be the whole,or only a part. 28.Project Manual—The documentary information prepared for bidding and furnishing the Goods and Special Services. A listing of the contents of the Project Manual is contained in its table of contents. 29.Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Goods and Special Services and-which establish the standards by which such portion of the Goods and Special Services will be judged. 30.Seller—The individual or entity furnishing the Goods and Special Services. 31.Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Seller and submitted by Seller to illustrate some portion of the Goods and Special Services. 32.Special Services—Services associated with the Goods to be furnished by Seller as required by the Contract Documents. 33.Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the furnishing of the Goods and Special Services, and certain administrative requirements -- and procedural matters applicable thereto. 34.Successful Bidder—The Bidder submitting a responsive Bid, to whom Buyer makes an award. EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright©2010 National Society of Professional Engineers,American Council of Engineering Companies, American society of Civil Engineers,and Associated General Contractors of America.All rights reserved. Page 3 ON 35. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 36. Work Change Directive—A written statement to Seller issued on or after the Effective Date of the Agreement and signed by Buyer ordering an addition, deletion, or other revision in the Contract Documents with respect to the Goods and Special Services. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect,if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraphs 1.023 and 1.02.0 are not defined, but have the indicated meanings when used in the Bidding Requirements or Contract Documents. " B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Goods and Special Services. It is intended that such exercise of professional judgment, action, or determination will be commercially reasonable and will be solely to evaluate, in general, the Goods and Special Services for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to Engineer any duty or authority to supervise or direct the furnishing of Goods or Special Services or any duty or authority to undertake responsibility contrary to any other provision of the Contract Documents. 2. The word "non-conforming" when modifying the words "Goods and Special Services," "Goods,"or"Special Services,"refers to Goods and Special Services that fail to conform to the Contract Documents. 3. The word "receipt" when referring to the Goods, shall mean the physical taking and possession by the Buyer under the conditions specified in Paragraph 8.01.B.3. 4. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. 5. The word "furnish," when used in connection with the Goods and Special Services shall mean to supply and deliver said Goods to the Point of Destination (or some other EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright®2010 National society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. Page 4 "� specified location) and to perform said Special Services fully, all in accordance with the Contract Documents. _. C. 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 Bonds A. When Seller delivers the executed counterparts of the Agreement to Buyer, Seller also shall deliver such bonds as Seller may be required to furnish. 2.02 Evidence of Insurance A. When Seller delivers the executed counterparts of the Agreement to Buyer, Seller shall deliver to Buyer, with copies to each additional insured identified by name in the Supplementary Conditions,certificates of insurance(and other evidence of insurance which either of them or any additional insured may reasonably request)which Seller is required to purchase and maintain in accordance with Article 4. T. 2.03 Copies of Documents A. Buyer shall furnish Seller up to five printed or hard copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.04 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.05 Designated Representatives A. Buyer and Seller shall each designate its representative at the time the Agreement is signed. Each representative shall have full authority to act on behalf of and make binding decisions in any matter arising out of or relating to the Contract. 2.06 Progress Schedule A. Within 15 days after the Contract Times start to run, Seller shall submit to Buyer and Engineer an acceptable progress schedule of activities, including at a minimum, Shop Drawing and Sample submittals,tests,and deliveries as required by the Contract Documents.No progress payment will be made to Seller until an acceptable schedule is submitted to Buyer and Engineer. EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright�2010 National Society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. -� Page 5 B. The progress schedule will be acceptable to Buyer and Engineer if it provides an orderly progression of the submittals,tests, and deliveries to completion within the specified Milestones and the Contract Times. Such acceptance will not impose on Buyer or Engineer responsibility for the progress schedule, for sequencing, scheduling, or progress of the work nor interfere with or relieve Seller from Seller's full responsibility therefor. Such acceptance shall not be deemed to acknowledge the reasonableness and attainability of the schedule. 2.07 Preliminary Conference A. Within 20 days after the Contract Times start to run,a conference attended by Seller, Buyer, Engineer and others as appropriate will be held to establish a working understanding among the parties as to the Goods and Special Services and to discuss the schedule referred to in Paragraph *~ 2.06.A,procedures for handling Shop Drawings and other submittals,processing Applications for Payment, and maintaining required records. 2.08 Safety A. Buyer and Seller 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. When Seller's personnel, or the personnel of any subcontractor to Seller, are present at the Point of Destination or any work area or site controlled by Buyer, the Seller shall be responsible for the compliance by such personnel with any applicable requirements of Buyer's safety programs that are made known to Seller. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT AND AMENDING 3.01 Intent A. The Contract Documents are complementary; what is called for by one is as binding as if called •- for by all. B. Any labor,documentation, services,materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce or furnish the indicated Goods and Special Services will be provided, whether or not specifically called for, at no additional cost to Buyer.C. Clarifications and interpretations of, or notifications of minor variations and deviations in,the Contract Documents,will be issued by Engineer as provided in Article 9. 3.02 Standards, Specifications, Codes, Laws and Regulations A. Reference to standards,specifications,manuals, or codes of any technical society,organization, or association, or to Laws and Regulations,whether such reference be specific or by implication, shall mean the standard, specification,manual, code, or Laws and Regulations in effect at the time of opening of Bids(or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright 02010 National Society of Proressional Engineers,American Council of Engineering Companies, American Society or Civil Engineers,and Associated General Contractors of America.All rights reserved. Page 6 "� B. No provision of any such standard, specification, manual or code, or any instruction of a supplier shall be effective to change the duties or responsibilities of Buyer or Engineer, or any of their subcontractors, consultants,agents,or employees from those set forth in the Contract Documents,nor shall any such provision or instruction be effective to assign to Buyer or Engineer,or any of their consultants, agents, or employees any duty or authority to supervise or direct the performance of Seller's obligations or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. -- 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Seller's Review of Contract Documents Before the Performance of the Contract: Before performance of the Contract, Seller shall carefully study and compare the Contract �- Documents and check and verify pertinent figures therein and all applicable field measurements. Seller shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Seller discovers or has actual knowledge of and shall •- obtain a written interpretation or clarification from Engineer before proceeding with the furnishing of any Goods and Special Services affected thereby. 2. Seller's Review of Contract Documents During the Performance of the Contract: If, during the performance of the Contract, Seller discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any -4 provision of any Law or Regulation applicable to the performance of the Contract, any standard, specification, manual or code, or of any instruction of any Supplier, Seller shall promptly report it to Engineer in writing. Seller shall not proceed with the furnishing of the Goods and Special Services affected thereby until an amendment to or clarification of the Contract Documents has been issued. 3. Seller shall not be liable to Buyer or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Seller had actual knowledge thereof. B. Resolving Discrepancies: Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict,error, ambiguity, or discrepancy between the provisions of the Contract Documents and: l. the provisions of any standard, specification, manual, code, or instruction (whether or not ^- specifically incorporated by reference in the Contract Documents); or 2. the provisions of any Laws or Regulations applicable to the furnishing of the Goods and �- Special Services (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright©2010 National Society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. ^• Page 7 3.04 Amending and Clarifying Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions to the Goods and Special Services pr to modify contractual terms and conditions by a Change -- Order. B. Buyer may issue a Work Change Directive providing for additions,deletions, or revisions to the Goods and Special Services, in which case (1)the Contract Price shall be equitably adjusted to account for any reasonable and necessary credits to Buyer for any such deletion, or for costs (including reasonable overhead and profit)incurred by Seller to accommodate such an addition or revision and(2)the Contract Times shall be equitably adjusted to account for any impact on progress and completion of performance. Such adjustments subsequently shall be duly set forth in a Change Order. -^ C. The requirements of the Contract Documents may be supplemented,and minor variations and deviations in the Goods and Special Services may be authorized, by one or more of the following *^ ways: 1. A Field Order; �- 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 5.06.D.3);or •� 3. Engineer's written interpretation or clarification. ARTICLE 4 - BONDS AND INSURANCE 4.01 Bonds �. A. Seller shall furnish to Buyer performance and payment bonds,each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Seller's obligations under the Contract Documents. These bonds shall remain in effect until 1) one year after the date when final payment becomes due or 2)completion of the correction period specified in Paragraph 8.03,whichever is later,except as provided otherwise by Laws or Regulations or by the Contract Documents. Seller shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies"as published in Circular 570(amended)by the Financial Management Service, Surety Bond Branch,U.S. Department of the Treasury. All bonds 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 shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Seller is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright®2010 National Society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. Page 8 to meet the requirements of Paragraph 4.013, Seller shall promptly notify Buyer and Engineer and shall,within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.013 and 4.02. 4.02 Insurance A. Seller shall provide insurance of the types and coverages and in the amounts stipulated in the Supplementary Conditions. B. Failure of Buyer to demand certificates of insurance or other evidence of Seller's full compliance with these insurance requirements or failure of Buyer to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Seller's obligation to maintain such insurance. C. Upon assignment of this Contract, Seller shall comply with the written request of assignee to provide certificates of insurance to assignee. D. Buyer does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Seller. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Seller's liability under the indemnities granted to Buyer in the Contract Documents. 4.03 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Buyer or Seller shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. ARTICLE 5 - SELLER'S RESPONSIBILITIES 5.01 Supervision and Superintendence A. Seller shall supervise,inspect, and direct the furnishing of the Goods and Special Services competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform its obligations in accordance with the Contract Documents. Seller shall be solely responsible for the means,methods,techniques, sequences, and procedures necessary to perform its obligations in accordance with the Contract Documents. Seller shall not be responsible for the negligence of Buyer or Engineer in the design or specification of a specific means,method,technique, sequence,or procedure that is shown or indicated in and expressly required by the Contract Documents. EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright©2010 National Society of Professional Engineers,American Council of Engineering Companies, American society of Civil Engineers,and Associated General Contractors of America.All rights reserved. Page 9 5.02 Labor, Materials and Equipment A. Seller shall provide competent, qualified and trained personnel in all aspects of its performance of the Contract. *� B. All Goods, and all equipment and material incorporated into the Goods,shall be as specified,and unless specified otherwise in the Contract Documents, shall be: 1. new,and of good quality; .. 2. protected, assembled, connected, cleaned, and conditioned in accordance with the original manufacturer's instructions; and 3. shop assembled to the greatest extent practicable. — 5.03 Laws and Regulations A. Seller shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of its obligations in accordance with the Contract Documents. Except where otherwise expressly required by such Laws and Regulations, neither Buyer nor Engineer shall be responsible for monitoring Seller's compliance with any Laws or Regulations. B. If Seller furnishes Goods and Special Services knowing or having reason to know that such furnishing is contrary to Laws or Regulations, Seller shall bear all claims, costs, losses, and damages(including but not limited to all fees and charges of engineers, architects, attorneys,and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to such performance. It shall not be Seller's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this provision shall not relieve Seller of Seller's obligations under Paragraph 3.03. - C. Changes in Laws or Regulations not known at the time of opening of Bids (or,on the Effective Date of the Agreement if there were no Bids)having an effect on the cost or time of performance shall be the subject of an adjustment in Contract Price or Contract Times.If Buyer and Seller are unable to agree on entitlement to or on the amount or extent,if any,of any such adjustment,a Claim may be made therefor as provided in Paragraph 9.06. — 5.04 Or Equals A. Whenever the Goods, or an item of material or equipment to be incorporated into the Goods, are _ specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier or manufacturer, the specification or description 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, other items of material or equipment or material or equipment of other suppliers or manufacturers may be submitted to Buyer for Engineer's review. EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright 0 2010 National Society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. Page 10 r 1. If in Engineer's sole discretion, such an item of material or equipment proposed by Seller is functionally equal to that named and sufficiently similar so that no change in related work will be required, it may be considered by Engineer as an"or-equal"item. r 2. For the purposes of this paragraph, a proposed item of material or equipment may be considered functionally equal to an item so named only if: a. in the exercise of reasonable judgment, Engineer determines that: 1) it is at least equal in quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole; 3) it has an acceptable record of performance and availability of responsive service; and b. Seller certifies that if approved: 1) there will be no increase in any cost, including capital, installation or operating costs, to Buyer; and 2) the proposed item will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraph 5.04.A. Engineer will be the sole judge of whether to accept or reject such a proposal or submittal.No"or-equal"will be ordered, manufactured or utilized until Engineer's review is complete, which will be evidenced by an approved Shop Drawing. Engineer will advise Buyer and Seller in writing of any negative determination. Notwithstanding Engineer's approval of an"or-equal"item, Seller shall remain obligated to comply with the requirements of the Contract Documents. C. Special Guarantee: Buyer may require Seller to furnish at Seller's expense a special performance guarantee or other surety with respect to any such proposed"or-equal." D. Data: Seller shall provide all data in support of any such proposed"or-equal"at Seller's expense. 5.05 Taxes A. Seller shall be responsible for all taxes and duties arising out of the sale of the Goods and the furnishing of Special Services. All taxes are included in the Contract Price, except as noted in the Supplementary Conditions. 5.06 Shop Drawings and Samples A. Seller shall submit Shop Drawings and Samples to Buyer for Engineer's review and approval in accordance with the schedule required in Paragraph 2.06.A. All submittals will be identified as required and furnished in the number of copies specified in the Contract Documents.The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria,materials, and similar data to show Engineer the services, materials, and equipment Seller proposes to provide. T EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright©2010 National society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. Page 11 1. observations by Buyer or Engineer; *- 2. recommendation by Engineer or payment by Buyer of any progress or final payment; r~ 3. use of the Goods by Buyer; 4. any acceptance by Buyer (subject to the provisions of Paragraph 8.02.D.1) or any failure ._ to do so; 5. the issuance of a notice of acceptance by Buyer pursuant to the provisions of Article 8. ._. 6. any inspection,test or approval by others; or 7. any correction of non-conforming Goods and Special Services by Buyer. E. Buyer shall promptly notify Seller of any breach of Seller's warranties or guarantees. F. Seller makes no implied warranties under this Contract. 5.09 Indemnification A. To the fullest extent permitted by Laws and Regulations, Seller shall indemnify and hold harmless Buyer and Engineer, and the officers, directors, members, partners, employees, agents, consultants, contractors, 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 performance of Seller's obligations under the Contract Documents, provided that any such claim, cost, loss, or damages attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Goods themselves), including the loss of use resulting therefrom, but only to the extent cause by any negligent act or omission of Seller, or any individual or entity directly or indirectly employed by Seller or anyone for whose acts Seller may be liable. B. In any and all claims against Buyer or Engineer or any of their respective assignees, consultants, agents, officers, directors, members, partners, employees, agents, consultants, contractors, or subcontractors, by any employee(or the survivor or personal representative of such employee) of Seller, any subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to furnish any of the Goods and Special Services, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 5.09.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or r benefits payable by or for seller or any such subcontractor, supplier, or other individual or entity under workers' compensation acts,disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Seller under Paragraph 5.09.A shall not extend to the liability of Engineer and Engineer's officers,directors,partners,employees, agents, and consultants arising out of: .r T EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright 02010 National Society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of Amcrica.All rights reserved. Page 14 ar -= 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports,surveys, Change Orders,designs, or Specifications;or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. .. 5.10 Delegation of Professional Design Services A. Seller will not be required to provide professional design services unless such services are specifically required by the Contract Documents or unless such services are required to carry out Seller's responsibilities for furnishing the Goods and Special Services. Seller shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to the Goods and Special Services are specifically required of Seller by the Contract Documents,Buyer and Engineer will specify all performance and design criteria that such services must satisfy. Seller shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings,calculations, specifications, certifications, ,., Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Goods and Special Services designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Buyer and Engineer shall be entitled to rely upon the adequacy,accuracy and completeness of the services,certifications or approvals performed by such design professionals,provided Buyer and Engineer have specified to Seller all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.10, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals(except design calculations and design drawings)will be only for the purpose stated in Paragraph 5.06.D.2. E. Seller shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 6 - SHIPPING AND DELIVERY 6.01 Shipping A. Seller shall select the carrier and bear all costs of packaging,transportation, insurance, special handling and any other costs associated with shipment and delivery. EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright©2010 National Society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. Page 15 6.02 Delivery A. Seller shall deliver the Goods F.O.B.the Point of Destination in accordance with the Contract Times set forth in the Agreement,or other date agreed to by Buyer and Seller.B. Seller shall provide written notice to Buyer at least 10 days before shipment of the manner of shipment and the anticipated delivery date. The notice shall also include any instructions -- concerning special equipment or services required at the Point of Destination to unload and care for the Goods. Seller shall also require the carrier to give Buyer at least 24 hours notice by telephone prior to the anticipated time of delivery.C. Buyer will be responsible and bear all costs for unloading the Goods from carrier. D. Buyer will assure that adequate facilities are available to receive delivery of the Goods during the Contract Times for delivery set forth in the Agreement, or another date agreed by Buyer and Seller. E. No partial deliveries shall be allowed, unless permitted or required by the Contract Documents or agreed to in writing by Buyer. — 6.03 Risk of Loss A. Risk of loss and insurable interests transfer from Seller to BLiver upon Buyer's receipt of the Goods. B. Notwithstanding the provisions of Paragraph 6.03.A,if Buyer rejects the Goods as non- conforming, the risk of loss on such Goods shall remain with Seller until Seller corrects the non- conformity or Buyer accepts the Goods. If rejected Goods remain at the Point of Destination pending modification and acceptance,then Seller shall be responsible for arranging adequate protection and maintenance of the Goods at Seller's expense. 6.04 Progress Schedule A. Seller shall adhere to the progress schedule established in accordance with Paragraph 2.06 as it may be adjusted from time to time as provided below. 1. Seller shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.06) proposed adjustments in the progress schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 7. Adjustments in Contract Times may only be made by a Change Order. MOM EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright 9 2010 National Society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. Page 16 ^" ARTICLE 7 - CHANGES: SCHEDULE AND DELAY 7.01 Changes in the Goods and Special Services A. Buyer may at any time,without notice to any surety,make an addition, deletion,or other revision to the Contract Documents with respect to the Goods and Services,within the general scope of the Contract,by a Change Order or Work Change Directive. Upon receipt of any such document, Seller shall promptly proceed with performance pursuant to the revised Contract Documents (except as otherwise specifically provided). B. If Seller concludes that a Work Change Directive issued by Buyer affects the Contract Price or Contract Times,then Seller shall notify Buyer within 15 days after Seller has received the Work .. Change Directive, and submit written supporting data to Buyer within 45 days after such receipt. If Seller fails to notify Buyer within 15 days, Seller waives any Claim for such adjustment. If Buyer and Seller are unable to agree on entitlement to, or on the amount or extent, if any, of an ... adjustment in the Contract Price or Contract Times, or both,that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 9.06. ..r C. Seller shall not suspend performance while Buyer and Seller are in the process of making such changes and any related adjustments to Contract Price or Contract Times. —. 7.02 Changing Contract Price or Contract Times A. The Contract Price or Contract Times may only be changed by a Change Order. B. Any Claim for an adjustment in the Contract Price or Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 9.06. C. If Seller is prevented from delivering the Goods or performing the Special Services within the Contract Times for any unforeseen reason beyond its control and not attributable to its actions or inactions,then Seller shall be entitled to an adjustment of the Contract Times to the extent attributable to such reason. Such reasons include but are not limited to acts or neglect by Buyer, ._ inspection delays, fires, floods,epidemics,abnormal weather conditions, acts of God, and other like matters. If such an event occurs and delays Seller's performance, Seller shall notify Buyer in writing within 15 days of knowing or having reason to know of the beginning of the event ..� causing the delay, stating the reason therefor. D. Seller shall not be entitled to an adjustment in Contract Price or Contract Times for delays within .., the control of Seller. Delays attributable to and within the control of Seller's subcontractors or suppliers shall be deemed to be delays within the control of Seller. E. If Seller is prevented from delivering the Goods or furnishing the Special Services within the Contract Times due to the actions or inactions of Buyer, Seller shall be entitled to any reasonable and necessary additional costs arising out of such delay to the extent directly attributable to ,.. Buyer. EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright(0 2010 National Society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. Page 17 F. Neither Buyer nor Seller shall be entitled to any damages arising from delays which are beyond the control of both Buyer and Seller, including but not limited to fires, floods, epidemics, abnormal weather conditions,acts of God, and other like matters. ARTICLE 8 - BUYER'S RIGHTS 8.01 Inspections and Testing A. General: 1. The Contract Documents specify required inspections and tests. Buyer shall have the right to perform, or cause to be performed, reasonable inspections and require reasonable tests of the Goods at Seller's facility, and at the Point of Destination. Seller shall allow .• Buyer a reasonable time to perform such inspections or tests. 2. Seller shall reimburse Buyer for all expenses, except for travel, lodging, and subsistence .- expenses of Buyer's and Engineer's representatives, for inspections and tests specified in the Contract Documents. If as the result of any such specified testing the Goods are determined to be non-conforming, then Seller shall also bear the travel, lodging, and �- subsistence expenses of Buyer's and Engineer's representatives, and all expenses of re- inspection or retesting. 3. Buyer shall bear all expenses of inspections and tests that are not specified in the Contract Documents (other than any re-inspection or retesting resulting from a determination of non-conformity, as set forth in Paragraph 8.0I.A.2 immediately above); provided, however, that if as the result of any such non-specified inspections or testing the Goods are determined to be non-conforming, then Seller shall bear all expenses of such inspections and testing, and of any necessary re-inspection and retesting. 4. Seller shall provide Buyer timely written notice of the readiness of the Goods for all inspections, tests, or approvals which the Contract Documents specify are to be observed �•. by Buyer prior to shipment. 5. Buyer will give Seller timely notice of all specified tests, inspections, and approvals of the Goods which are to be conducted at the Point of Destination. 6. If, on the basis of any inspections or testing, the Goods appear to be conforming, Buyer ,.. will give Seller prompt notice thereof. If on the basis of said inspections or testing, the Goods appear to be non-conforming, Buyer will give Seller prompt notice thereof and will advise Seller of the remedy Buyer elects under the provisions of Paragraph 8.02. .- 7. Neither payments made by Buyer to Seller prior to any tests or inspections, nor any tests or inspections shall constitute acceptance of non-conforming Goods, or prejudice Buyer's �. rights under the Contract. B. Inspection on Delivery: EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright 0 2010 National society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. Page 18 1. Buyer or Engineer will visually inspect the Goods upon delivery solely for purposes of identifying the Goods and general verification of quantities and observation of apparent condition in order to provide a basis for a progress payment. Such visual inspection will not be construed as final or as receipt of any Goods and Special Services that, as a result of subsequent inspections and tests, are determined to be non-conforming. ., 2. Within ten days of such visual inspection, Buyer shall provide Seller with written notice of Buyer's determination regarding conformity of the Goods. In the event Buyer does not provide such notice, it will be presumed that the Goods appear to be conforming and that Buyer has acknowledged their receipt upon delivery. 3. If,on the basis of the visual inspection specified in Paragraph 8.01.B.1, the Goods appear to be conforming, Buyer's notice thereof to Seller will acknowledge receipt of the Goods. C. Final Inspection: l. After all of the Goods have been incorporated into the Project, tested in accordance with such testing requirements as are specified, and are functioning as indicated, Buyer or Engineer will make a final inspection. 2. If, on the basis of the final inspection, the Goods are conforming, Buyer's notice thereof will constitute Buyer's acceptance of the Goods. 3. If,on the basis of the final inspection,the Goods are non-conforming, Buyer will identify the non-conformity in writing. 8.02 Non-Conforming Goods and Special Services A. If,on the basis of inspections and testing prior to delivery, the Goods and Special Services are found to be non-conforming, or if at any time after Buyer has acknowledged receipt of delivery and before the expiration of the correction period described in Paragraph 8.03, Buyer determines that the Goods and Special Services are non-conforming, then Seller shall promptly, without cost to Buyer and in response to written instructions from Buyer, either correct such non-conforming Goods and Special Services, or,if Goods are rejected by Buyer,remove and replace the non- conforming Goods with conforming Goods, including all work required for reinstallation. B. Buyer's Rejection of Non-Conforming Goods: 1. If Buyer elects to reject the Goods in whole or in part, Buyer's notice to Seller will describe in sufficient detail the non-conforming aspect of the Goods. If Goods have been .. delivered to Buyer, Seller shall promptly, and within the Contract Times, remove and replace the rejected Goods. 2. Seller shall bear all costs, losses and damages attributable to the removal and replacement of the non-conforming Goods as provided in Paragraph 8.02.E. 3. Upon rejection of the Goods, Buyer retains a security interest in the Goods to the extent of any payments made and expenses incurred in their testing and inspection. E.iCDC P-700,Standard General Conditions for Procurement Contracts. Copyright 0 2010 National Society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. Page 19 C. Remedying Non-Conforming Goods and Special Services: 1. If Buyer elects to permit the Seller to modify the Goods to correct the non-comformance, then Seller shall promptly provide a schedule for such modifications and shall make the -- Goods conforming within a reasonable time. 2. If Buyer notifies Seller in writing that any of the Special Services are non-conforming, Seller shall promptly provide conforming services acceptable to Buyer. If Seller fails to do so, Buyer may delete the Special Services and reduce the Contract Price a commensurate amount. D. Buyer's Acceptance of Non-Conforming Goods: Instead of requiring correction or removal and replacement of non-conforming Goods discovered either before or after final payment, Buyer may accept the non-conforming Goods. Seller shall bear all reasonable costs, losses, and damages attributable to Buyer's evaluation of and .., determination to accept such non-conforming Goods as provided in Paragraph 8.02.E. E. Seller shall pay all claims, costs, losses, and damages, including but not limited to all fees and charges for re-inspection, retesting and for any engineers, architects, attorneys and other professionals, and all court or arbitration or other dispute resolution costs arising out of or relating to the non-conforming Goods and Special Services. Seller's obligations shall include the �- costs of the correction or removal and replacement of the non-conforming Goods and the replacement of property of Buyer and others destroyed by the correction or removal and replacement of the non-conforming Goods, and obtaining conforming Special Services from •- others. F. Buyer's Rejection of Conforming Goods: If Buyer asserts that Goods and Special Services are non-conforming and such Goods and Special Services are determined to be conforming, or if Buyer rejects as non-conforming Goods and Special Services that are later determined to be conforming, then Seller shall be entitled to reimbursement from Buyer of costs incurred by Seller in inspecting, testing, correcting, removing, or replacing the conforming Goods and Special Services, including but not limited to fees and charges of engineers, architects, attorneys and other professionals, and all court or arbitration or other dispute resolution costs associated with the incorrect assertion of non- conformance or rejection of conforming Goods and Special Services. 8.03 Correction Period A. Seller's responsibility for correcting all non-conformities in the Goods and Special Services will extend for a period of one year after the earlier of the date on which Buyer has placed the Goods in continuous service or the date of final payment, or for such longer period of time as may be prescribed by Laws or Regulations or by the terms of any specific provisions of the Contract Documents. EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright 0 2010 National Society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. Page 20 "' -- ARTICLE 9 - ROLE OF ENGINEER 9.01 Duties and Responsibilities A. The duties and responsibilities and the limitations of authority of Engineer are set forth in the Contract Documents. 9.02 Clarifications and Interpretations A. Engineer will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents as Engineer may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. Such written clarifications and interpretations will be binding on Buyer and Seller. If either Buyer or Seller believes that a written clarification or interpretation justifies an adjustment in the Contract Price or Contract Times,either may make a Claim therefor. 9.03 Authorized Variations A. Engineer may authorize minor deviations or variations in the Contract Documents by: 1) written approval of specific variations set forth in Shop Drawings when Seller has duly noted such variations as required in Paragraph 5.06.C.4,or 2)a Field Order. 9.04 Rejecting Non-Conforming Goods and Special Services A. Engineer will have the authority to disapprove or reject Goods and Special Services that Engineer believes to be non-conforming. Engineer will also have authority to require special inspection or testing of the Goods or Special Services as provided in Paragraph 8.01 whether or not the Goods are fabricated or installed, or the Special Services are completed. 9.05 Decisions on Requirements of Contract Documents A. Engineer will be the initial interpreter of the Contract Documents and judge of the acceptability of the Goods and Special Services. Claims, disputes and other matters relating to the acceptability of the Goods and Special Services or the interpretation of the requirements of the Contract Documents pertaining to Seller's performance will be referred initially to Engineer in writing with a request for a formal decision in accordance with this paragraph. B. When functioning as interpreter and judge under this Paragraph 9.05, Engineer will not show partiality to Buyer or Seller and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by Engineer pursuant to this Paragraph 9.05 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in Paragraph 10.07) will be a condition precedent to any exercise by Buyer or Seller of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright®2010 National Society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. Page 21 9.06 Claims and Disputes A. Notice: Written notice of each Claim relating to the acceptability of the Goods and Special Services or the interpretation of the requirements of the Contract Documents pertaining to either parry's performance shall be delivered by the claimant to Engineer and the other party to the Agreement within 15 days after the occurrence of the event giving rise thereto,and written supporting data shall be submitted to Engineer and the other party within 45 days after such occurrence unless Engineer allows an additional period of time to ascertain more accurate data. B. Engineer's Decision: Engineer will review each such Claim and render a decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. C. If Engineer does not render a formal written decision on a Claim within the time stated in Paragraph 9.06.B., Engineer shall be deemed to have issued a decision denying the Claim in its entirety 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party,if any. D. Engineer's written decision on such Claim or a decision denying the Claim in its entirety that is deemed to have been issued pursuant to Paragraph 9.06.C,will be final and binding upon Buyer and Seller 30 days after it is issued unless within 30 days of issuance Buyer or Seller appeals Engineer's decision by initiating the mediation of such Claim in accordance with the dispute resolution procedures set forth in Article 13. E. If Article 13 has been amended to delete the mediation requirement, then Buyer or Seller may appeal Engineer's decision within 30 days of issuance by following the alternative dispute resolution process set forth in Article 13,as amended; or if no such alternative dispute resolution process has been set forth, Buyer or Seller may appeal Engineer's decision by 1) delivering to the other party within 30 days of the date of such decision a written notice of intent to submit the Claim to a court of competent jurisdiction, and 2)within 60 days after the date of such decision instituting a formal proceeding in a court of competent jurisdiction. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 9.06. G. The parties agree to endeavor to avoid or resolve Claims through direct, good faith discussions and negotiations whenever practicable. Such discussions and negotiations should at the outset address whether the parties mutually agree to suspend the time periods established in this Paragraph 9.06; if so, a written record of such mutual agreement should be made and jointly executed. ARTICLE 10 - PAYMENT 10.01 Applications for Progress Payments A. Seller shall submit to Buyer for Engineer's review Applications for Payment filled out and signed by Seller and accompanied by such supporting documentation as is required by the EJCDC P-900,Standard General Conditions for Procurement Contracts. Copyright©2010 National Society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. Page 22 "�' .. Contract Documents and also as Buyer or Engineer may reasonably require. The timing and amounts of progress payments shall be as stipulated in the Agreement. 1. The first application for Payment will be submitted after review and approval by Engineer of all Shop Drawings and of all Samples required by the Contract Documents. 2. The second Application for Payment will be submitted after receipt of the Goods has been acknowledged in accordance with Paragraph 8.0I.B and will be accompanied by a bill of sale, invoice, or other documentation reasonably satisfactory to Buyer warranting .. that Buyer has rightfully received good title to the Goods from Seller and that, upon payment, the Goods will be free and clear of all liens. Such documentation will include releases and waivers from all parties with viable lien rights. In the case of multiple deliveries of Goods, additional Applications for Payment accompanied by the required documentation will be submitted as Buyer acknowledges receipt of additional items of the Goods. 10.02 Review of Applications for Progress Payments ., A. Engineer will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Buyer, or return the Application to Seller indicating in writing Engineer's reasons for refusing to recommend .. payment. In the latter case, Seller may make the necessary corrections and resubmit the Application. 1. Engineer's recommendation of payment requested in the first Application for Payment will constitute a representation by Engineer, based on Engineer's review of the Application for Payment and the accompanying data, that the Shop Drawings and ... Samples have been reviewed and approved as required by the Contract Documents and Seller is entitled to payment of the amount recommended. 2. Engineer's recommendation of payment requested in the Application for Payment submitted upon Buyer's acknowledgment of receipt of the Goods will constitute a representation by Engineer, based on Engineer's review of the Application for Payment and the accompanying data Seller is entitled to payment of the amount recommended. Such recommendation will not constitute a representation that Engineer has made a final inspection of the Goods, that the Goods are free from non-conformities, acceptable or in conformance with the Contract Documents, that Engineer has made any investigation as to Buyer's title to the Goods, that exhaustive or continuous inspections have been made to check the quality or the quantity of the Goods beyond the responsibilities specifically —} assigned to Engineer in the Contract Documents or that there may not be other matters or issues between the parties that might entitle Seller to additional payments by Buyer or Buyer to withhold payment to Seller. 3. Engineer may refuse to recommend that all or any part of a progress payment be made, or Engineer may nullify all or any part of any payment previously recommended if, in — Engineer's opinion, such recommendation would be incorrect or if on the basis of subsequently discovered evidence or subsequent inspections or tests Engineer considers such refusal or nullification necessary to protect Buyer from loss because the Contract EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright®2010 National Society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. —. Page 23 Price has been reduced, Goods are found to be non-conforming, or Seller has failed to — furnish acceptable Special Services. 10.03 Amount and Timing of Progress Payments .w A. Subject to Paragraph 10.02.A.,the amounts of the progress payments will be as provided in the Agreement. Buyer shall within 30 days after receipt of each Application for Payment with Engineer's recommendation pay Seller the amount recommended; but, in the case of the Application for Payment upon Buyer's acknowledgment of receipt of the Goods, said 30-day period may be extended for so long as is necessary (but in no event more than 60 days) for Buyer to examine the bill of sale and other documentation submitted therewith. Buyer shall notify Seller promptly of any deficiency in the documentation and shall not unreasonably withhold payment. " 10.04 Suspension of or Reduction in Payment A. Buyer may suspend or reduce the amount of progress payments,even though recommended for payment by Engineer, under the following circumstances: 1. Buyer has reasonable grounds to conclude that Seller will not furnish the Goods or the Special Services in accordance with the Contract Documents,and 2. Buyer has requested in writing assurances from Seller that the Goods and Special Services will be delivered or furnished in accordance with the Contract Documents, and ... Seller has failed to provide adequate assurances within ten days of Buyer's written request. B. If Buyer refuses to make payment of the full amount recommended by Engineer, Buyer will provide Seller and Engineer immediate written notice stating the reason for such action and promptly pay Seller any amount remaining after deduction of the amount withheld. Buyer shall promptly pay Seller the amount withheld when Seller corrects the reason for such action to Buyer's satisfaction. 10.05 Final Application for Payment A. After Seller has corrected all non-conformities to the reasonable satisfaction of Buyer and .. Engineer,furnished all Special Services, and delivered all documents required by the Contract Documents, Engineer will issue to Buyer and Seller a notice of acceptance. Seller may then make application for final payment following the procedure for progress payments. The final .. Application for Payment will be accompanied by all documentation called for in the Contract Documents, a list of all unsettled Claims, and such other data and information as Buyer or Engineer may reasonably require. —, 10.06 Final Payment A. If,on the basis of final inspection and the review of the final Application for Payment and accompanying documentation,Engineer is reasonably satisfied that Seller has furnished the EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright D 2010 National Society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. Page 24 "" Goods and Special Services in accordance with the Contract Documents,and that Seller's has fulfilled all other obligations under the Contract Documents, then Engineer will, within ten days after receipt of the final Application for Payment, recommend in writing final payment subject to — the provisions of Paragraph 10.07 and present the Application to Buyer. Otherwise,Engineer will return the Application to Seller, indicating the reasons for refusing to recommend final payment,in which case Seller shall make the necessary corrections and resubmit the Application for payment. If the Application and accompanying documentation are appropriate as to form and substance, Buyer shall,within 30 days after receipt thereof,pay Seller the amount recommended by Engineer, less any sum Buyer is entitled to set off against Engineer's recommendation, -- including but not limited to liquidated damages to which Buyer is entitled. 10.07 Waiver of Claims A. The making and acceptance of final payment will constitute: ._ 1. a waiver of all Claims by Buyer against Seller, except Claims arising from unsettled liens from non-conformities in the Goods or Special Services appearing after final payment, from Seller's failure to comply with the Contract Documents or the terms of any special -- guarantees specified therein, or from Seller's continuing obligations under the Contract Documents; and ., 2. a waiver of all Claims by Seller against Buyer (other than those previously made in accordance with the requirements herein and listed by Seller as unsettled as required in Paragraph 10.05.A,and not resolved in writing). ARTICLE 11 - CANCELLATION,SUSPENSION,AND TERMINATION ^. 11.01 Cancellation A. Buyer has the right to cancel the Contract, without cause,at any time prior to delivery of the Goods by written notice. Cancellation pursuant to the terms of this paragraph shall not constitute a breach of contract by Buyer. Upon cancellation: 1. Buyer shall pay Seller for the direct costs incurred in producing any Goods that Seller has specially manufactured for the Project, plus a fair and reasonable amount for overhead and profit. 2. For Goods that are not specially manufactured for the Project, Seller shall be entitled to a restocking charge of 10 percent of the unpaid Contract Price of such Goods. 11.02 Suspension of Performance by Buyer A. Buyer has the right to suspend performance of the Contract for up to a maximum of ninety days, without cause, by written notice. Upon suspension under this paragraph, Seller shall be entitled to an increase in the Contract Times and Contract Price caused by the suspension,provided that performance would not have been suspended or delayed for causes attributable to Seller. EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright 0 2010 National Society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. -� Page 25 — 11.03 Suspension of Performance by Seller A. Subject to the provisions of Paragraph 5.07.13, Seller may suspend the furnishing of the Goods and Special Services only under the following circumstance: 1. Seller has reasonable grounds to conclude that Buyer will not perform its future payment obligations under the Contract; and, 2. Seller has requested in writing assurances from Buyer that future payments will be made in accordance with the Contract, and Buyer has failed to provide such assurances within ten days of Seller's written request. 11.04 Breach and Termination A. Buyer's Breach: .. 1. Buyer shall be deemed in breach of the Contract if it fails to comply with any material provision of the Contract Documents, including but not limited to: a. wrongful rejection or revocation of Buyer's acceptance of the Goods, b. failure to make payments in accordance with the Contract Documents, or c. wrongful repudiation of the Contract. — 2. Seller shall have the right to terminate the Contract for cause by declaring a breach should Buyer fail to comply with any material provisions of the Contract. Upon termination, Seller shall be entitled to all remedies provided by Laws and Regulations. a. In the event Seller believes Buyer is in breach of its obligations under the Contract, Seller shall provide Buyer with reasonably prompt written notice setting forth in sufficient detail the reasons for declaring that it believes a breach has occurred. Buyer shall have seven days from receipt of the written notice declaring the breach (or such longer period of time as Seller may grant in writing) within which to cure or to proceed diligently to cure such alleged breach. B. Seller's Breach: 1. Seller shall be deemed in breach of the Contract if it fails to comply with any material provision of the Contract Documents, including,but not limited to: a. failure to deliver the Goods or perform the Special Services in accordance with the Contract Documents, b. wrongful repudiation of the Contract, or c. delivery or furnishing of non-conforming Goods and Special Services. — EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright 0 2010 National Society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. Page 26 f�: ^ — 2. Buyer may terminate Seller's right to perform the Contract for cause by declaring a breach should Seller fail to comply with any material provision of the Contract Documents. Upon termination, Buyer shall be entitled to all remedies provided by Laws and Regulations. a. In the event Buyer believes Seller is in breach of its obligations under the Contract, and except as provided in Paragraph 11.04.B.2.b, Buyer shall provide Seller with reasonably prompt written notice setting forth in sufficient detail the reasons for declaring that it believes a breach has occurred. Seller shall have seven days from receipt of the written notice declaring the breach (or such longer period of time as Buyer may grant in writing)within which to cure or to proceed diligently to cure such alleged breach. b. If and to the extent that Seller has provided a performance bond under the provisions of Paragraph 4.01,the notice and cure procedures of that bond, if any, shall supersede the notice and cure procedures of Paragraph 11.04.B.2.a. ARTICLE 12 - LICENSES AND FEES 12.01 Intellectual Property and License Fees A. Unless specifically stated elsewhere in the Contract Documents, Seller is not transferring any intellectual property rights,patent rights,or licenses for the Goods delivered. However, in the -w event the Seller is manufacturing to Buyer's design,Buyer retains all intellectual property rights in such design. -- B. Seller shall pay all license fees and royalties and assume all costs incident to the use or the furnishing of the Goods, unless specified otherwise by the Contract Documents. 12.02 Seller's Infringement A. Subject to Paragraph 12.01.A, Seller shall indemnify and hold harmless Buyer,Engineer and ... their officers,directors,members,partners,employees,agents, consultants, contractors, and subcontractors from and against all claims,costs, losses, damages, and judgments (including but not limited to all reasonable 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 or alleged infringement of any United States or foreign patent or copyright by any of the Goods as delivered hereunder. B. In the event of suit or threat of suit for intellectual property infringement. Buyer will promptly notify Seller of receiving notice thereof. w C. Seller shall promptly defend the claim or suit,including negotiating a settlement. Seller shall have control over such claim or suit,provided that Seller agrees to bear all expenses and to satisfy any adverse judgment thereof. E.ICDC P-700,Standard General Conditions for Procurement Contracts. Copyright©2010 National Society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. �' Page 27 ^ 1. If Seller fails to defend such suit or claim after written notice by Buyer, Seller will be bound in any subsequent suit or claim against Seller by Buyer by any factual determination in the prior suit or claim. 2. If Buyer fails to provide Seller the opportunity to defend such suit or claim after written notice by Seller, Buyer shall be barred from any remedy against Seller for such suit or claim. D. If a determination is made that Seller has infringed upon intellectual property rights of another, Seller may obtain the necessary licenses for Buyer's benefit, or replace the Goods and provide related design and construction as necessary to avoid the infringement at Seller's own expense. 12.03 Buyer's Infringement .. A. Buyer shall indemnify and hold harmless Seller,and its officers, directors, partners,employees, agents,consultants,contractors,and subcontractors from and against all claims, costs, losses, damages, and judgments (including but not limited to all reasonable 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 or alleged infringement of any United States or foreign patent or copyright caused by Seller's compliance with Buyer's design of the Goods or Buyer's use of the Goods in combination with other materials or equipment in any process(unless intent of such use was known to Seller and Seller had reason to know such infringement would result). B. In the event of suit or threat of suit for intellectual property infringement, Seller must after receiving notice thereof promptly notify Buyer. C. Upon written notice from Seller, Buyer shall be given the opportunity to defend the claim or suit, including negotiating a settlement. Buyer shall have control over such claim or suit,provided that Buyer agrees to bear all expenses and to satisfy any adverse judgment thereof. 1. If Buyer fails to defend such suit or claim after written notice by Seller, Buyer will be bound in any subsequent suit or claim against Buyer by Seller by any factual determination in the prior suit or claim. 2. If Seller fails to provide Buyer the opportunity to defend such suit or claim after written notice by Buyer, Seller shall be barred from any remedy against Buyer for such suit or claim. 12.04 Reuse of Documents A. Neither Seller nor any other person furnishing any of the Goods and Special Services under a direct or indirect contract with Seller shall: (1)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(2)reuse any of such Drawings, Specifications, other documents, or copies thereof on any other project without written consent of Buyer and Engineer and specific written verification or adaptation by Engineer. This prohibition will survive termination or completion of the Contract. Nothing EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright®2010 National Society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. Page 28 er -- herein shall preclude Seller from retaining copies of the Contract Documents for record purposes. 12.05 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, copies of data furnished by Buyer or —. Engineer to Seller, or by Seller to Buyer or Engineer that may be relied upon are limited to the printed.copies (also known as hard copies). Files in electronic media format of text, data, graphics,or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator,the party receiving electronic files agrees —� that it will perform acceptance tests or procedures within 60 days,after which the receiving party shall be deemed to have accepted the data thus transferred. The transferring party will correct any errors detected within the 60-day acceptance period. C. When transferring documents in electronic media format,the transferring party makes no representations as to long term compatibility,usability,or readability of documents resulting �- from the use of software application packages,operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 13 - DISPUTE RESOLUTION 13.01 Dispute Resolution Method A. Either Buyer or Seller may initiate the mediation of any Claim decided in writing by Engineer under Paragraph 9.063 or 9.06.0 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the Engineer's decision from becoming final and binding. B. Buyer and Seller shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the mediation process does not result in resolution of the Claim, then Engineer's written decision under Paragraph 9.06.13 or a denial pursuant to Paragraph 9.06.0 shall become final and — binding 30 days after termination of the mediation unless, within that time period,Buyer or Seller: .� 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions,or EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright©2010 National Society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. Page 29 am 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. if no dispute resolution process has been provided for in the Supplementary Conditions, delivers to the other party written notice of the intent to submit the Claim to a court of competent jurisdiction, and within 60 days of the termination of the mediation institutes such formal proceeding. ARTICLE 14 - MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if. 1)delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2) if delivered at or sent by registered or certified mail,postage prepaid,to the last business address known to the giver of the notice. 14.02 Controlling Lcnv A. This Contract is to be governed by the law of the state in which the Point of Destination is located. B. In the case of any conflict between the express terms of this Contract and the Uniform Commercial Code,as adopted in the state whose law governs,it is the intent of the parties that the express terms of this Contract shall apply. 14.03 Computation of Time A. When any period of time is referred to in the Contract Documents 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 shall be omitted from the computation. 14.04 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 Documents, and 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. 14.05 Survival of Obligations A. All representations, indemnifications,warranties and guarantees made in,required by,or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the EJCDC P-700,Standard General Conditions ror Procurement Contracts. Copyright Q 2010 National Society of Professional Engineers,American Council of Engineering Companies, American Society or Civil Engineers,and Associated General Contractors of America.All rights reserved. Page 30 Contract Documents,will survive final payment, completion, and acceptance of the Goods and Special Services and termination or completion of the Agreement. 14.06 Entire Agreement A. Buyer and Seller agree that this Agreement is the complete and final agreement between them, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may not be altered,modified, or amended except in writing signed by an authorized representative of both parties. A EJCDC P-700,Standard General Conditions for Procurement Contracts. Copyright©2010 National Society of Professional Engineers,American Council of Engineering Companies, American Society of Civil Engineers,and Associated General Contractors of America.All rights reserved. Page 31 owl SUPPLEMENTARY CONDITIONS .. TO STANDARD GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS 1.01 GENERAL: These Supplementary Conditions amend or supplement the Standard General Conditions for Procurement Contracts (EJCDC P-700, 2010 Edition) and other provisions of the Procurement Documents as indicated below. All provisions which are not so amended or supplemented remain ^` in full force and effect. ARTICLE 1—DEFINITIONS SC-1.01A.18 Replace"Engineer" with "Buyer". SC-1.02A Add Sub-paragraph 1 after the Paragraph A and before Paragraph B as follows: "1. Buyer will administer the Contract. Buyer will have an Engineer on staff as well as a consulting Engineer involved in the Project. References to Engineer in the General Conditions may apply to both or either Buyer's on staff Engineer and Buyer's consulting Engineer." SC-1.02B Replace "Engineer"with "Buyer or Engineer". ARTICLE 2—PRELIMINARY MATTERS SC-2.03A Delete Paragraph 2.03.A in its entirety and insert the following new paragraph in its place: A. Buyer shall furnish to Seller two printed copies of Conformed Contract ,.q 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 can be furnished upon request at the cost of reproduction. ARTICLE 3—CONTRACT DOCUMENTS: INTENT AND AMENDING SC-3.01C Replace "Engineer" with "Buyer". A, SC-3.03A Replace"Engineer" with "Buyer". n. SC-3.03C Replace"Engineer's" with "Buyer's or Engineer's". Town of Jupiter Utilities unit Price Contract for Membrane Services(W2406) SC-Page 1 PM ^ ARTICLE 4—BONDS AND INSURANCE SC-4.01A Delete Paragraph A in its entirely and REPLACE with "No Bonds are required for ., this procurement contract." SC-4.01B Delete Paragraph B in its entirety- �• SC-4.01C Delete Paragraph C in its entirety. SC-4.02 Add Paragraph F after Paragraph 4.02.E as follows [wRil F.The limits of liability and other insurance required by Article 4.02 shall provide ., coverage for at least the following amounts or greater where required by law: Workers Compensation and Employers' Liability Insurance: for all employees of ^ the Seller for Statutory Limits in compliance with the applicable state and federal laws. Notwithstanding the number of employees or any other statutory provisions to the contrary, coverage shall extend to all employees of the Seller ^ and all subcontractors Commercial General Liability: ^ (1) Bodily Injury: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate $1,000,000 Products and Completed Operations �•r (2) Property Damage: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate (3) Property Damage Liability Insurance will provide Explosion, Collapse and Underground coverage where applicable. (4) Personal Injury, with employment exclusion deleted $1,000,000 Each Occurrence $2,000,000 Annual Aggregate ^ Comprehensive Automobile Liability: (1) Bodily Injury: r. $1,000,000 Each Person $1,000,000 Each Accident (2) Property Damage: $1,000,000 Each Occurrence ^ Professional Liability:with minimum limits of$1,000,000 Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) SC-Page 2 ^ The Town of Jupiter, Florida shall be included as a named insured party under the Sellers Insurance policies referenced herein above. It shall be the responsibility of the Seller to ensure that all subcontractors are adequately insured or covered under their policies.The following paragraph is required to appear unaltered on the Certificate of Insurance: "The Town of Jupiter,Florida is hereby named Additional Insured under the terms of this policy and shall be provided any Notice of Cancellation of any of the above referenced policies." A thirty (30) day Notice of Cancellation is required and must be stated on the Certificate of Insurance. ,., The required insurance coverage shall be issued by an insurance company duly authorized and licensed to do business in the State of Florida with the following minimum qualifications in accordance with the latest edition of A.M. Best's '^ Insurance Guide: Financial Stability: B+to A+. All required insurance shall preclude any underwriter's rights of recovery or subrogation against the Buyer with the express intention of the parties being that the required coverage's protect both parties as the primary insurance for any and all losses covered by the above described insurance. The clauses "Other Insurance Provisions" and "Insured Duties in the Event of an Occurrence, Claim,or Suit"as they appear in any policy of insurance in which the Town of Jupiter is named as an additional named insured shall not apply to Buyer. All Certificates of Insurance shall be kept on file with the Town of Jupiter, and approved by the Buyer prior to the commencement of any work activities. The Certificate of Insurance shall be issued to the Town of Jupiter, Florida at the following address: Town of Jupiter Utilities Attn:Chris McKenzie 17403 Central Boulevard Jupiter, Florida 33458 Violation of the terms of this Section and its sub-parts shall constitute a material breach of the Contract by the Seller and the Buyer, at its sole discretion, may cancel the Contract and all rights, title and interest of the Seller shall thereupon cease and terminate SC-4.03A Delete all references to bonds from Paragraph 4.03A Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) SC-Page 3 n ARTICLE 5—SELLER'S RESPONSIBILITIES SC-5.05 Add Paragraph B as follows: B. "Provisions Governing State of Florida Sale and Use Tax Exemption for Owner Furnished Materials". Buyer 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 Project. Buyer may exercise its rights to purchase materials to be incorporated into the Project under the provisions governing the State of Florida's Sales and Use Tax Exemption for Buyer furnished materials as follows: 1. Sales and Use Taxes. Buyer 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 Buyer shall make direct purchases of all materials and equipment purchased for, or to be incorporated into the Project, as agreed upon between the Seller and the Buyer.All direct purchases of materials and equipment shall be made by the Buyer with funds specifically allocated for construction of the Project. Seller shall provide Buyer with a proposed deductive change order no laterthan 10 calendar days after request by Buyer for materials and equipment to be purchased by the Buyer for the Project. The proposed deductive change order shall include the costs of the materials to be purchased by the Buyer 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 Seller shall: (a)compile Seller'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 Seller 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 Buyer's designated representative: (b) prepare a requisition for such materials and equipment and (c) deliver any such requisition to the Buyer'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 Buyer's designated representative shall forward same to the Buyer. The Buyer shall issue a Purchase Order directly to the vendor of the materials or equipment, prior to the Buyer Date (a Purchase Buyer). The Buyer shall include with any such ^ Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) SC-Page 4 Purchase Order, a copy of the Buyer's sales and use tax exemption certificate, a Certificate of Entitlement and the order requisition prepared by the Seller. The M' Buyer shall also provide the Seller with a Certificate of Entitlement for each vendor from which materials or equipment is purchased under this program. The vendor shall issue the invoice directly to the Buyer. The Buyer shall make direct payment to the vendor. 3. The Seller, 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 Seller determines that the materials and equipment are conforming, the Buyer shall take title and possession of such material and equipment before such materials and equipment are incorporated into the Project. If the Seller determines that the materials and equipment are non-conforming, the Seller shall immediately notify the Buyer in writing and the Buyer shall reject such material and equipment. 4. The Buyer 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 Buyer's sales and use tax exemption, the Seller shall reduce the Seller 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 Buyer. 6. The Seiler shall be fully responsible for all matters relating to the receipt of materials and equipment furnished by the Buyer 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 Seller or any Subcontractors. The Seller shall coordinate delivery schedules, sequence of delivery, loading �+ orientation, and other arrangements normally required by such Seller for the particular materials furnished. The Seller shall provide or arrange for all services required for the unloading, handling and storage of such materials and equipment through installation. 7. The Seller shall visually inspect all shipments from material and equipment vendors purchased directly by the Buyer in accordance with this Special Condition `^ (the "Buyer Furnished Materials") and approve the vendors' invoices for materials or equipment delivered, as Buyer-Furnished Materials are furnished to the Site in accordance with this Special Condition. The Seller shall assure that each delivery of Buyer 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 A. conforming to the Purchase Order, together with such additional information as the Buyer may require. The Seller shall deliver to the Buyer's designated representative all invoices for materials and equipment upon verification by such Seller that the materials and equipment conform exactly to the Contract Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) SC-Page S a� n Documents and the Purchase Order. Upon receipt of any invoice for Buyer Furnished Materials, the Buyer's designated representative shall deliver such invoice to the Buyer for payment directly to the Vendor. 8_ The Seller shall inspect all Buyer Furnished Materials to determine that such Buyer Furnished Materials conform to the Contract Documents, including the Drawings and the Specifications, and to determine prior to incorporation into the work whether such Buyer Furnished Materials are patently defective,and whether such Buyer Furnished Materials are identical to the materials ordered and match the description of the bill of lading and the Purchase Order. If Seller discovers defective or non-conforming Buyer Furnished Materials upon such visual inspection, Seller 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 Buyer's designated representative, in writing, of the defective or non-conforming condition so that repair or replacement of those Buyer Furnished Materials can occur without any undue delay or interruption to the Project. In the event that such Seller fails to *� perform such inspection or otherwise incorporates into the work such defective or non-conforming materials, the Seller shall be responsible for the repair and replacement of defective or non-conforming materials, at its sole cost and *�+ expense. 9. The Seller shall maintain records of all Buyer Furnished Materials incorporated into the work from the stock of Buyer Furnished Materials. The Seller shall account monthly to the Buyer's designated representative and Buyer for any Buyer Furnished Materials delivered to the site, indicating which Buyer Furnished Materials have been incorporated into the work. .. 10. The Seller shall be responsible for obtaining and managing all warranties and guarantees for all Buyer Furnished Materials. All repair, maintenance or damage- ,..� repair calls shall be forwarded by the Buyer to the Seller for resolution with the appropriate vendor or Subcontractor through the warranty period. 11. After the Buyer takes possession of the Buyer Furnished Materials at the site, possession of the Buyer shall immediately and automatically transfer to the Seller without notice. The transfer of possession of Buyer Furnished Materials from the Buyer to the Seller shall constitute a bailment for the mutual benefit of the Buyer and such Seller. The Buyer shall be considered the bailor and the Seller the bailee of the Buyer Furnished materials. Buyer Furnished Materials shall be considered returned to the Buyer 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 Seller shall purchase and maintain builder's risk insurance, naming the Buyer as an additional insured, sufficient to protect against loss of or damage to Buyer Furnished Materials. Such insurance shall be in the amount stated elsewhere in the Contract and shall cover the full value of any Buyer Furnished Materials between the time the Buyer first takes title to and possession of any of such Buyer Furnished Materials until final completion of the work." Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) SC-Page 6 n 13. The Buyer shall not be liable for any interruption or delay damages in the project by virtue of ordering the Buyer Furnished Materials, for any defects or other problems with the project by virtue of ordering the Buyer Furnished Materials, or for any extra costs resulting from any delay in the delivery of, or defects in, the Buyer Furnished Materials. dW 14. The Seller, on a monthly basis, shall review invoices submitted by all vendors of Buyer Furnished Materials delivered to the site during the prior month and either concur or object to the Buyer's Issuance of payment to the vendors, based upon such Seller's records of materials delivered to the site and whether any of the Buyer Furnished Materials for which payment has not been made were either non- a. conforming or defective. 15. In order to arrange for the prompt payment to the vendor,the Seller shall provide to the Buyer'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 Buyer. Upon receipt of the appropriate documentation,the Buyer shall process vendor's invoice for payment directly to vendor by electronic funds transfer(EFT)based upon the receipt of data .� provided. The Seller shall assist the Buyer to immediately obtain partial or final release of waivers as appropriate. The Buyer shall not make any payment without the appropriate Seller's concurrence and approval. Buyer shall hold up to 10% retention on Buyer Furnished Materials against the Vendor, for equipment requiring operational and start-up testing. Buyer shall release retention upon successful start-up and operational testing of the equipment as agreed to between the Buyer, Seller and Vendor. Buyer may hold up to 2% retention until vendor record drawings and operation and maintenance manuals are accepted by the Seller and Buyer. 16. The Seller 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 Buyer. If the supply bond is required, the costs thereof will be added to the amount of the purchase order. The Seller shall verify that a vendor can furnish a supply bond. All bonds will name the Buyer and the Seller as additional obliges. To the extent that materials and equipment are purchased pursuant to the Buyer's sales and use tax exemption, the Seller 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 Buyer. 17. The Seller is advised that the following list of equipment may be included under the sales and use tax exemption program for Buyer furnished equipment. This list is provided to the Seller for informational purposes only. The Buyer reserves the right to revise the quantity of Buyer furnished equipment by deleting equipment listed or including equipment not listed herein. Seller may make suggestions to Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) SC-Page 7 MR r Buyer as to other components of the project that may be Buyer purchased under this program for this project. • Variable Frequency Drives (VFDs)and related parts 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. Seller will also receive copies of the Certificate of ., Entitlement, and purchase order to vendor with purchase order standard terms and conditions. THIS SPACE WAS INTENTIONALLY LEFT BLANK PROCEED TO NEXT PAGE •� PER r� OR s. A Irf �1 Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) SC-Page 8 n o. PURCHASE ORDER STANDARD TERMS AND CONDITIONS o. FOR TOWN OF JUPITER UTILITIES q 1) Purchase Order number must show on all invoices, shipments, correspondence, and any other documents related to the purchase order. ,M 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 for which these items are furnished, and vendor shall be bound thereby in the performance of this contract. Vendor expressly warrants that all material and equipment covered by this purchase order shall produce capacities or meet design specifications and function as called for in the applicable plans and specifications,or as set forth in the text of this order. 6) All material and equipment contemplated under this order shall be subject to the approval of the Purchaser and the Owner, and / or his Architects, Engineers, or other parties designated by the Owner. All materials and equipment 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 P, 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 Ion 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 Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) SC-Page 9 n 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 "R Vendor's obligations under this purchase order. Initial Operation shall be when the materials or equipment are placed into service for use by Owner. 9) Notice to Purchaser of all shipments of equipment and/or materials shall be given immediately, noting date,routing,order number,description,and copy of bill of lading. Ultimate delivery of equipment requiring rigging shall be made by suitable vehicle. Equipment and / or materials in transit shall be ^ adequately protected from the elements. The materials and equipment covered by this order shall remain the property of the Vendor until actually received at the destination by the Purchaser and Owner. Payment for goods damaged in transit, regardless of how shipped, will be withheld until repairs or replacement are made and claim against transportation company is resolved. 10) Cancellation of all or any part of this order to be affected 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.] ^ Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) SC-Page 10 P+F 13) Vendor shall furnish all necessary releases, lien waivers, affidavits, or other documents, all as required by the Contract Documents and / or to keep the Owner's premises free from liens or claims arising out of the furnishing of materials or equipment herein, as payments are made from time to time under this order. 14) Any acceptance in a manner or on terms and conditions different from those contained in this order shall not operate as an acceptance. This order, when accepted by the Vendor, shall constitute a 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. 21) If items purchased are classified as toxic or hazardous substances under Chapter 403, 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 Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) SC-Page 11 prr r+ i 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. T THIS SPACE WAS INTENTIONALLY LEFT BLANK �+ PROCEED TO NEXT PAGE pA Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) SC-Page 12 rr v 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. *R 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. a, 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 R 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. ow I understand that if I fraudulently issue this certificate to evade the payment of sales tax I will be liable for payment of the sales tax plus a penalty of 200% of the tax and may be subject to conviction of a third degree felony. FM 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. Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) SC-Page 13 n ARTICLE 5—SELLER'S RESPONSIBILITIES(CONTINUED) SC-5.06A Replace "Engineer" with "Buyer . SC-5.06B Replace "Engineer"with "Buyer". ^ SC-5.06D Replace "Engineer"with`Buyer". SC-5.06D Add Paragraph 4 as follows: �. "4. Buyer will administer the Contract. Buyer may request Engineer's review when equipment and parts furnished under this Contract deviate from the r-+ Attachments and Specifications or change the intent of the Contract, or when Buyer deems Engineer's review to be necessary, or when Seller disagrees with Buyer's review and requests review by the Engineer." SC-5.06E Replace "Engineer"with"Buyer". SC-5.10B Replace"Engineer" with"Buyer". SC-5.10D Replace"Engineer's" with "Buyer's and/or Engineer's". ^ ARTICLE 6—SHIPPING AND DELIVERY SC-6.02A Delete Paragraph A entirely and replace it with the following revised Paragraph A. "A. Seller shall deliver equipment and parts furnished under this Contract to the t, Jupiter Water Treatment Plant located at 17403 Central Boulevard, Jupiter, FL 33458 in accordance with the Contract Times set forth in the Agreement, or other date agreed to Buyer and Seller. Seller shall be responsible to pay T" all shipping and delivery costs associated with furnishing equipment and parts under this Contract." ARTICLE 9—ROLE OF ENGINEER SC-9.01 Add Paragraph B as follows. ^ "B. Buyer will administer the contract including providing the Resident Project Representative. Buyer will have an Engineer on staff as well as a ^ consulting Engineer involved in the Project. References to Engineer in Article 9 shall apply to both or either Buyer's on staff Engineer and Buyer's consulting Engineer." ^ ARTICLE 10—PAYMENT SC-10.01 Delete Paragraph A entirely and Replace it with the following revised paragraph. Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2406) SC-Page 14 IAI "A. Seller shall submit to Buyer for review Applications for Payment filled out and signed by Seller and accompanied by such supporting documentation as is required by the Contract Document and also as Buyer and Engineer may reasonably require. Basis for progress payments will be as stated in the Contract Documents(Section 01025 Measurement and Payment)and be incorporated into a form of Applications for Payment acceptable to Buyer and Engineer. The timing and amounts of progress payments shall be as stipulated in the Agreement." SC-10.01A.1 Replace "Engineer"with "Buyer". .. SC-10.02 Replace "Engineer'with "Buyer'. ARTICLE 14—MISCELLANEOUS SC-14.01A Delete Paragraph A entirely and Replace it with the following revised paragraph. ^, "A. Whenever any provision of the Contract requires the giving of written notice to Buyer, Engineer,or Seller, 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." END OF SUPPLEMENTARY CONDITIONS Town of Jupiter Utilities Unit Price Contract for Membrane Services(W2405) SC-Page 15 w — SECTION 01010 -- SUMMARY OF WORK PART 1 -GENERAL 1.01 GENERAL A. The nature and scope of the work is to provide miscellaneous water utility infrastructure maintenance, repairs, replacements, installations, and/or •- improvements on an as-needed basis utilizing one or a combination of a number of unit price bid items. This work may include, but not be limited to: replacing water services, isolation valves, fire hydrants, large water meters, fittings, etc.; installing �. water quality sampling stations; and other miscellaneous work on the water distribution and transmission systems for the Town's Water Utility. Work will include non-emergency and emergency work: the Town may direct purchase — materials for non-emergency work with the Contractor providing the materials list; for emergency work, Contractor will purchase the materials after providing the Owner with an estimate of such; in both cases, the Contractor will be responsible P, for material delivery, schedule and coordination with the material vendor. Crews and equipment shall be available on as needed basis with no guarantee by the Town of the amount of usage. The Contractor shall agree to supply equipment and resources at various Town locations in advance preparation of a hurricane or natural disaster, the Town shall be responsible for the cost incurred by the contractor. This is a two year contract with the provision for contract extensions as described in the bid documents. B. The purpose and intent of this Contract is to issue individual hourly priced Work Orders for the provision of crews with equipment to be used by Town of Jupiter Utilities Department to perform miscellaneous water utility infrastructure maintenance, repairs, and or improvements. Crews and equipment shall be available on an "as needed" basis with no guarantee by the Town of the amount of usage. Contractor shall be prepared to provide crews and equipment to respond to non-emergency and emergency work as well as hurricane and natural disaster ,o related events. 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 the Town's consideration. The Town may direct purchase the materials under the Sales Tax and Use Program (described in the Supplemental ..e 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 Town is to direct purchase materials under the Sales Tax and Use Program, Contractor shall provide the Town with the materials list and quantities, coordinate with vendor for ordering, W2406 01010-1 .p ^ and delivery of materials, and haul the materials as needed to the job 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 Town'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 Town 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 Town 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. Normal work hours under this Contract are Monday-Friday, 7:00am - 5:00pm. Work requiring inspection by Town representatives shall be scheduled to occur between 8:00am — 3:00pm, Monday-Friday. No work will be permitted on weekends, Town observed holidays, or outside of normal work hours without written approval by the Town. Contractor must request in writing, from the Town, permission to work outside of normal work hours at least one week in advance. *� 1.02 WORK COVERED BY CONTRACT DOCUMENTS ^ A. Furnish all labor, equipment, and materials (if applicable)to perform miscellaneous water utility infrastructure maintenance, repairs, and/or improvements at the direction of the Town. B. Prior to construction, the Contractor shall identify existing utilities. The Contractor will be responsible for the coordination of his work with the associated utility owners and permitting agencies having jurisdiction over the specific locations to be verified. C. The Work may include providing shoring, temporary dewatering, and other appurtenant and miscellaneous items and work for a completed project. Sound attenuation shall be provided by Contractor for dewatering pumps as needed to .. comply with the Town of Jupiter Noise Ordinance. Town will review each project with Contractor before asking Contractor to provide a proposal for the Town's review. Upon acceptance, the Town will provide a notice to proceed through issuance of a work order for the project. W2406 01010-2 OR D. Work shall be performed to minimize, to the greatest extent practical, traffic disruption and/or water utility downtime. Work must be coordinated, in advance, with utility personnel, affected residents, public and private entities, and/or regulatory agencies. E. Acceptable Temporary Traffic Control (TTC) is the responsibility of the Contractor. Contractor shall submit TTC plans for approval to the Town and appropriate �- regulatory agencies before work begins with the cost of TTC included in the proposal for Work Order. F. Contractor's Duties: 1. Contractor shall be a Florida licensed Underground Utility and Excavation �-+ Contractor or a General Contractor. Equipment operators must be fully licensed, as applicable, and competent in the use of the assigned equipment. Failure to comply with any of these requirements is sufficient cause to •-� terminate contract because of default by the Contractor. 2. The Contractor will be responsible for repairs and maintenance of its equipment. The equipment will be operated by the Contractor and kept in good working condition, including all grease, oil, parts and fuel as necessary. .. 3. Contractor's equipment deemed defective by the Town of Jupiter representative shall be promptly removed from the site. Personnel employed either directly or indirectly by the Contractor, who are deemed to be incompetent, inept or unfit to perform the work in the opinion of the Town of Jupiter Project representative, shall be promptly removed from the project under this Contract, and such personnel shall not again be employed to work on the project. Failure of the Successful Bidder to remove defective equipment or incompetent personnel may result in the termination of this Contract. 4. Subcontractors (when used) shall work directly for the Contractor and Contractor shall have a representative on site when sub-contractor is y„ working. 5. Contractor is responsible to schedule and coordinate field materials testing services (i.e., density testing, concrete cylinders, etc.) with the Town's contracted geotechnical testing lab assigned to this contract. Contractor shall keep Town's Field Representative informed of scheduled testing services and Town's Field Representative must be present while field testing services are being performed. Town will pay for field testing services unless Town was not informed of scheduled testing and therefore not present or test results are unacceptable. W2406 01010-3 6. In the event of a hurricane or natural disaster, the Town will advise the Contractor if their emergency response services, as detailed in their LOC, are required to assist the Town in preparation for or recovery from a hurricane or natural disaster. The Contractor shall be prepared to stage equipment at the Town's facilities prior to an event and respond to the ^' Town's facilities immediately following an event. 7. Review and incorporate Town-reviewed shop drawings, product data, and samples into the construction of the project. 8. Demolish, haul and dispose of, in a legal manner, all materials scheduled for demolition. 9. Receive and unload products at site; inspect for completeness or damage jointly with Town. 10. Repair or replace items damaged after receipt. 11. Arrange for product delivery to site. 12. Handle, store, protect and install all delivered products. 13. Submit claims for transportation damage and replace damaged, defective, or deficient items. 14. Arrange for manufacturers' warranties, inspections, and service. ., 15. Provide the Town with a one-year warranty on all equipment and workmanship from the date of substantial completion of each work order. .. G. No guarantee is expressed or implied as to the total range and/or quantity of bid items to be issued in Work Orders under this contract. Estimated quantities on the Bid Schedule of Values are for Bid comparison purposes only. The Town reserves the right to issue Work Orders as and when required for proposed work for any, all, or any combination of bid items thereof. Town does not guarantee any value .., of work to be performed under this Contract. H. Specific work orders for stormwater facilities and collection system rehabilitation, repair, improvement, construction will be developed between the Contractor and Town based on Contract Unit pricing, material pricing, and technology and remedial construction services as needed to complete the Work contemplated. Town reserves the right to select the technology for the scope of work contemplated. I. Materials supplied and construction performed under this Contract shall comply with the latest version of Town of Jupiter Water and Stormwater Guide for Development, Design and Construction Standards and Engineering and Public W2406 01010-4 Work Construction Standards, available on the Town of Jupiter website, www.iupiter.fl.us. Work performed in FDOT or Palm Beach County right of ways must comply with those agencies standards. 1.03 WORK BY OTHERS A. The Contractor's attention is directed to the fact that work may be conducted at the sites by other contractors during the performance of the Work under this Contract. The Contractor shall conduct its operations so as to minimize interference, to the greatest extent practical, with the Work of other contractors, and shall cooperate fully with such contractors to provide continued safe access to their respective portions of the sites, as required to perform their respective contracts. B. The Contractor shall cooperate fully with all utility forces of the Town or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities which interfere with the progress of the Work, and shall schedule the Work so as to minimize interference with said relocation, altering, or other rearranging of facilities. 1.04 SCHEDULE AND COORDINATION A. The Town will notify the Contractor when maintenance, repair or improvements to - Water Utility infrastructure are required. The Contractor shall be prepared to conduct a site visit to be familiarized with existing conditions, prepare and submit a detailed scope of work, provide adequate notice prior to scheduling the work and - mobilize to the site to complete work according to the time frames provided below. B. For non-emergency work orders, the Contractor shall meet with the Town or visit r the work site within five (5)working days of receiving a request from the Town. The purpose of this meeting will be to discuss and determine the scope of work, existing conditions that should be considered during construction and restoration, and any other factors that may determine or 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 Town's approval of proposal. The Contractor shall notify the Town at least five (5) working days prior to mobilizing to the site to complete the work. Upon mobilization, the Contractor shall diligently work to complete Water Utility Infrastructure repairs or improvements as detailed in their scope of work and schedule. Delays shall be communicated in advance and work scope and schedule revised as needed and approved by the Town. W2406 01010-5 r, C. For emergency work orders, the Contractor shall meet with the Town 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 Town's approval. The Town will issue an emergency Work Order authorization and purchase order. Upon the Town'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 Town's review and approval. D. For hurricane and natural disaster related events, the Town will notify the Contractor if their emergency response services, as detailed in their LOC, are required to assist the Town 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. 1.05 FIELD LAYOUT OF WORK ^ A. All work under this Contract shall be constructed in accordance with the information stipulated by the Contract and provided by the Owner, on drawings, sketches, photographs, and in other written documentation for each Work Order r or as modified by the Owner. Elevations and locations of existing underground, utilities, structures and appurtenances are believed to be reasonably correct but are not guaranteed to be absolute and therefore are presented only as an low approximation. Any error or apparent discrepancy in the data shown or omissions of data required for accurately accomplishing the stake-out survey shall be referred immediately to the Owner for interpretation or correction. B. All survey work and materials for construction control purposes and record drawings shall be made by the Contractor at his expense and shall be included in the proposal for work order. The Contractor shall establish all base lines for the location of the principal component parts of the work together with bench marks and batter boards adjacent to the work. Based upon the information provided by the sketches and/or drawings, the Contractor shall develop and make all detail surveys necessary for construction. If necessary, the Owner will assist with furnishing information and locations for existing bench marks. .. C. The Contractor shall have the responsibility to carefully preserve the bench marks, reference points and stakes. In case of destruction thereof by the Contractor or resulting from his negligence, he shall be held liable for any expense and damage resulting therefrom and shall be responsible for any mistakes that may be caused by the unnecessary loss or disturbance of such bench marks, reference points and ^ stakes. r, W2406 01010-6 n D. Existing or new control points, property markers, and monuments that will be established or are destroyed during the normal causes of construction shall be re- established by the Contractor; and all reference ties recorded therefore shall be furnished to the Owner. All computations necessary to establish the exact position of the work shall be made and preserved by the Contractor. Contractor shall review field layout and staking with Owner prior to proceeding with work. E. Specific Staking Requirements: When performing construction as part of this contract,the Contractor shall set stakes to establish lines and grades for subgrade, base, curb, and related items at intervals along the line of the work no greater than 50 feet on tangents and 25 feet on curves, or as needed for Town's Field Representative to evaluate the proposed improvements. F. Personnel, Equipment, and Record Requirements: The Contractor shall employ only competent personnel and use only suitable equipment in performing layout work. The Contractor shall not engage the services of any person or persons in P• the employ of the Owner for performance of layout work. The Contractor shall keep adequate field notes and records while performing layout work. The Contractor shall make these field notes and records available for the Owner's .. review as the work progresses, and furnish copies to the Owner at the time of completion of the project. The Owner's inspection, checking, or acceptance of the Contractor's field notes or layout work does not relieve the Contractor of his responsibility to achieve the lines, grades, and dimensions necessary to complete the work properly. Prior to final acceptance of the project, the Contractor shall re- establish in a permanent manner on the surface of the completed work, all existing and new control points, property markers, and monuments. G. The Owner may check all or any portion of the work including but not limited to sidewalks, curb, subgrade, base, pavement elevations, pipe inverts, basin elevations, and any other areas or items, and the Contractor shall afford all necessary assistance to the Owner in carrying out such checks. Any necessary corrections to the work shall be performed immediately by the Contractor. 1.06 CONTRACTOR USE OF PROJECT SITE w, A. The Contractor's use of the project site shall be limited to its construction operations, including on-site storage of materials, on-site fabrication facilities, and field offices. Off-site storage of materials will be arranged for by the Contractor and a copy of an agreement for use of other property shall be furnished to the Owner. a., 1.07 PARTIAL UTILIZATION OF THE WORK BY OWNER A. The Contractor is hereby advised that the Owner may accept the responsibility for the maintenance and protection of a specific portion of the project if utilized prior W2406 01010-7 ., to completion. However, the Contractor shall retain full responsibility for satisfactory operation of the total project. 1.08 SITE CONDITIONS A. The Contractor acknowledges that conditions affecting the work vary, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conditions of the ground, fill, existing improvements, the character of equipment and facilities needed preliminary to and during prosecution of the Work. " The Owner assumes no responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by the Owner. B. Contractor is responsible to familiarize himself with each project site and the associated site conditions before submitting a proposal for work order for Owner's consideration. Any conditions that affect Contractor's ability to perform the work in accordance with Town of Jupiter Utilities and Engineering/Public Works construction standards and details (available on the Town's website www.iupiter.fl.us) shall be included in the proposal for work order. PART 2 -- PRODUCTS (Not Used) ' PART 3 -- EXECUTION (Not Used) — END OF SECTION — W2406 01010-8 MR .. SECTION 01025 *� MEASUREMENT AND PAYMENT PART 1 —GENERAL 1. 01 GENERAL 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 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 in the work order documents. 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. Prior to initiation of work, 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. 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 D. The quotations prepared by the Contractor for the various items of work are intended to establish a total price for completion of the work in its entirety. Should the contractor feel that the cost for any particular work item has not been established by the Schedule of Payment items or this section, the Contractor shall include the cost for that work in a separate line item on their proposal so the proposal for the project reflects the total cost to complete the work in its entirety. E. The Owner reserves the right to increase or decrease the quantity of any item or ^" portion of the work during the progress of construction in accordance with the terms of the Contract. W2406 01025-1 r F. Payment shall be made for the items listed on the Bid Form on the basis of the work actually performed and completed, such work including but not limited to, the furnishing of all necessary labor, equipment, tools, transportation, delivery, disposal of waste and surplus material, and backfilling as described in the work order, and all other appurtenances to complete the construction and installation of the work as described in the work order. 1.02 SUBMITTALS A. Project Unit Costs and Payment Information: 1. Work Order Proposals MR 2. Application for Payments 3. Supporting documentation including daily work logs, material invoices, subcontracted services invoices, partial/final release of liens, etc. 4. Final Application for Payment B. Submittals shall be in accordance with Section 01300 1.03 APPLICATION FOR PAYMENT A. Submit application for payment, a listing of materials on hand as applicable, and such supporting data as may be requested by the Owner. Include accepted schedule of values for each portion of work and the unit price breakdown for the work to be paid on a unit price basis, and a listing of Owner selected equipment, if applicable, and allowances, as appropriate B. Include Owner's Application for Payment Cover Sheet and partial or full releases of liens, as appropriate, for all subcontractors, suppliers, and Contractor. C. Pay applications shall be prepared and submitted in accordance with Section 01300 and Article 15 of the General Conditions PM 1.04 WORK ORDERS SPECIFIC COSTS A. Contractor shall coordinate with Owner for suitable locations to store Owner ., purchased materials under this Contract. Contractor shall coordinate with Owner and be responsible to transport Owner furnished materials from the Town's storage facility located at the Utility Field Office (UFO) to the job site, if necessary. ., B. Costs for Mobilization, Demobilization, Bonds, Insurance, sediment control/pollution prevention, project red-line drawings and Contractor General Conditions for individual work orders will be negotiated based on the scope of each work order, and shall not exceed 10% of the sum of the work order line items, excluding this item. C. For all non-emergency work orders, the contractor will be required to submit a list of additional materials, equipment and services not already included in the Bid W2406 01025-2 Schedule of Values that are required to complete the Town's requested scope of work.The Contractor may be required to obtain prices from up to three(3)vendors for the Town's review. The appropriate mark-up may be utilized by the Contractor as detailed in the General Conditions of the Contract: 15% for materials and equipment and 5% for subcontracted services. The Town may direct purchase the materials or equipment from the lowest vendor as detailed in the Supplementary Conditions of the Contract. In either situation, it will be the Contractor's responsibility to provide material quantities, take receipt of delivery, schedule and all coordination with the vendor. D. Cost of Temporary Traffic Control (TTC) and surveyed record drawings provided by a Professional Surveyor and Mapper registered in the State of Florida shall be provided within the individual work order proposal with supporting documentation. ., Allowable markup on sub-contracted TCC and surveying is 5%. 1.05 MEASUREMENT— GENERAL A. Weighing, measuring, and metering devices used to measure quantity of materials for Work shall be suitable for purpose intended and conform to tolerances and Specifications as specified in National Institute of Standards and Technology, Handbook 44. B. Materials that are specified for measurement by the cubic yard measured in the s' vehicle shall be hauled in vehicles of such type and size that actual contents may be readily and accurately determined. Unless all vehicles are of uniform capacity, each vehicle must bear a plainly legible identification mark indicating its water level capacity. Vehicles shall be loaded to at least their water level capacity. Loads hauled in vehicles not meeting above requirements or loads of a quantity less than the capacity of the vehicle, measured after being leveled off as above provided, will be subject to rejection, and no compensation will be allowed for such material. 1. Where measurement of quantities depends on elevation of existing ground, elevations obtained during construction will be compared with those shown on Drawings. Variations of 1 foot or less will be ignored and, if shown, profiles '^ on Drawings will be used for determining quantities. C. Units of measure typically shown on Bid Form shall be as follows, unless specified otherwise. All methods of measurement shall be approved by the Engineer or Owner. Item Method of Measurement AC Acre - Field Measure or Calculation based on survey AL Allowance W2406 01025-3 Item Method of Measurement CY Cubic Yard - Field Measure within limits specified or shown, or measured in vehicle by volume, or calculation based on survey, as specified ^, EA Each - Field Count GAL Gallon - Field Measure HR Hour LB Pound(s) -Weight Measure by Scale LF Linear Foot - Field Measure LS Lump Sum - Unit is one; no measurement will be made SF Square Foot SY Square Yard TON Ton -Weight Measure by Scale (2,000 pounds) 1.06 PAYMENT A. Progress payments, if applicable, will be made monthly in accordance with the Contract Documents or upon completion, inspection and approval of each work order. B. Payment shall be by Contract Item as listed on the Bid Form and approved detailed Schedule of Values. ^ 1.07 NONPAYMENT FOR REJECTED OR UNUSED PRODUCTS A. Payment will not be made for following: ^- 1. Loading, hauling, and disposing of rejected material. 2. Quantities of excavated material wasted or disposed of in manner not called for under Contract Documents. 3. Rejected loads of material, including material rejected after it has been placed by reason of failure of Contractor to conform to provisions of Contract Documents. 4. Material not unloaded from transporting vehicle. 5. Defective Work not accepted by Owner. 6. Material remaining on hand after completion of Work. W2406 01025-4 �, .. am 1.08 PARTIAL PAYMENT FOR STORED MATERIALS AND EQUIPMENT A. Partial Payment: No partial payments will be made for materials and equipment delivered or stored on-site unless Shop Drawings are acceptable to Engineer/Owner. B. Final Payment: Will be made only for products incorporated into the Work; remaining products, for which partial payments have been made, shall revert to Contractor unless otherwise agreed, and partial payments made for those items will be deducted from final payment. 1.09 ITEM DESCRIPTIONS A. INDEMNIFICATION (Bid Item No. 1) In recognition of Contractor's indemnification obligations, the Owner will pay to the Contractor the specific consideration of one hundred dollars ($100.00). Payment of said specific consideration shall be made at the time of the payment of the first Work Order and the Contractor shall acknowledge payment of this consideration by a letter to the Owner after receipt of the progress payment. B. 4 MAN UNDERGROUND CONSTRUCTION CREW (Bid Item No. 2) 1. Method of Measurement: The quantity to be paid for under this Section shall be on an hourly basis. "' 2. Basis of Payment: Payment shall be made at the Contract unit price per hour for the provision of a 4 Man Underground Construction Crew at the direction of the Town to perform miscellaneous utility infrastructure "^ maintenance, repairs, and/or improvements. All work shall be performed in accordance with permitted regulatory agency requirements and meet the appropriate jurisdictional standards which include but are not limited to OR FDOT, FDEP, Palm Beach County Health Dept., Town of Jupiter, Palm Beach County, Martin County, and/or any other permitting entity applicable to the work proposed. This pay item shall include but not be limited to full e^ compensation for furnishing labor consisting of a four (4) man crew which includes foreman/operator, pipe layer and two laborers; minimum equipment consisting of 1-ton pickup truck, pipe saw, plate compactor, 3" trash pump; miscellaneous hand tools and safety equipment necessary to meet regulatory agency requirements. Any time charged under this line item must be specifically approved in writing by the Owner, including a mutually agreed upon start date and duration in hours. Any time charged by the Contractor without the Owner's prior written approval under this pay item will not be approved for payment. This pay item is an hourly rate �• charge for a 4 Man Underground Construction Crew during normal working hours. The Owner will track time and approve payment. C. OVERTIME COST FOR 4 MAN UNDERGROUND CREW (Bid Item No. 3) 1. Method of Measurement:The quantity to be paid for under this Section shall be on an hourly basis. W2406 01025-5 ^ f" 2. Basis of Payment: Payment shall be made at the Contract unit price per hour for the provision of an overtime, 4 Man Underground Construction Crew at the direction of the Town to perform miscellaneous utility infrastructure maintenance, repairs, and/or improvements. All work shall be performed in accordance with permitted regulatory agency requirements and meet the appropriate jurisdictional standards which include but are not limited to FDOT, FDEP, Palm Beach County Health Dept., Town of Jupiter, Palm Beach County, Martin County, and/or any other permitting entity applicable to the proposed work. This pay item shall include but not be limited to full compensation for furnishing labor consisting of a four (4) man crew which includes foreman/operator, pipe layer and two laborers; minimum equipment consisting of 1-ton pickup truck, pipe saw, plate compactor, 3" trash pump; miscellaneous hand tools and safety equipment necessary to meet regulatory agency requirements. Any time charged under this line item must be specifically approved in writing by the Owner, including a mutually agreed upon start date and duration in hours. Any time ^ charged by the Contractor without the Owner's prior written approval under this pay item will not be approved for payment. This pay item is an hourly rate charge for a 4 Man Underground Construction Crew during overtime working hours. The Owner will track time and approve payment. D. COMBINATION BACKHOE LOADER WITH OPERATOR (Bid Item No.4) r 1. Method of Measurement: The quantity to be paid for under this Section shall be on an hourly basis for the actual time the combination backhoe loader with Operator is in use for the intended scope of work as agreed to in writing ^ between Contractor and Owner. The Owner will track time and approve payment. Measurement of this item shall not include travel time for the excavator or operator to and from the site. 2. Basis of Payment: Payment shall be made at the Contract unit price per hour for the provision of a Combination Backhoe Loader which is a supplement to the 4 Man Underground Construction Crew bid item. This pay item shall include, but not be limited to, full compensation for providing a Caterpillar 461 E Backhoe Loader(or equivalent size machine) to the work order site for a specified period of time and include all costs associated with delivery, pickup, maintenance, operation (including operator), insurance, and any other miscellaneous costs or fees associated with providing a safe working machine as designed by the manufacturer. Any time charged under this line item must be specifically approved in writing by the Owner, including a mutually agreed upon start date and duration in hours. Any time charged by the Contractor without the Owner's prior written approval under this pay item will not be approved for payment. ^ E. HYDRAULIC EXCAVATOR WITH OPERATOR (Bid Item No. 5) 1. Method of Measurement: The quantity to be paid for under this Section shall be on an hourly basis for the actual time the excavator with Operator is in W2406 01025-6 i A. an use for the intended scope of work as agreed to in writing between Contractor and Owner. The Owner will track time and approve payment. Measurement of this item shall not include travel time for the excavator or operator to and from the site. 2. Basis of Payment: Payment shall be made at the Contract unit price per hour for the provision and operation of a Hydraulic Excavator which is a p* supplement to the 4 Man Underground Construction Crew bid item. This pay item shall include, but not be limited to, full compensation for providing a Caterpillar 315D Hydraulic Excavator (or equivalent size machine) to the work order site for a specified period of time and include all costs associated with delivery, pickup, maintenance, operation (including operator), insurance, and any other miscellaneous costs or fees associated with providing a safe working machine as designed by the manufacturer. Any time charged under this line item must be specifically approved in writing by the Owner, including a mutually agreed upon start date and duration in a., hours. Anytime charged by the Contractor without the Owner's prior written approval under this pay item will not be approved for payment. ,.� F. DEWATERING WITH 4" HYDRAULIC PUMP (Bid Item No. 6) 1. Method of Measurement: The quantity to be paid for under this Section shall be on an hourly basis for the actual time the 4" hydraulic pump is in operation for the intended scope of work as agreed to between Contractor and Owner. The Owner will track time and approve payment. Measurement of this pay item will not include the time required to mobilize, set up and remove the pump and associated equipment to/from the job site. 2. Basis of Payment: Payment shall be made at the Contract unit price per hour for the provision and operation of a 4" Hydraulic Pump which is a supplement to the 4 Man Underground Construction Crew bid item. This pay item shall include, but not be limited to, full compensation for labor, equipment, and material such as providing pump and associated equipment, fuel, maintenance, suction and discharge piping, disposal of pump discharge, dewatering permits and any other costs associated with dewatering using a 4" hydraulic pump to assist in removing groundwater from the excavation area to an acceptable discharge location. Any time charged under this line item must be specifically approved in writing by the Owner, including a mutually agreed upon start date and duration in hours. Any time charged by the Contractor without the Owner's prior written approval under this pay item will not be approved for payment. Contractor shall include costs associated with dewatering with anything smaller than a 4" hydraulic pump in the 4 Man Underground Construction Crew pay item. If a 4" hydraulic pump does not provide adequate dewatering, in the opinion of the Owner, then Contractor shall dewater by well point. Owner will not pay costs associated with this Pay Item if dewatering with 4" hydraulic pump is not adequate, or efficient. Owner will not direct Contractor in what type W2406 01025-7 of dewatering to use. This pay item is an hourly rate charge for the 4" Hydraulic Pump. G. DEWATERING WITH WELL POINTS (Bid Item No. 7) 1. Method of Measurement: The quantity to be paid for under this Section shall be on a daily basis for the actual time the well point dewatering system is in operation for the intended scope of work as agreed to in writing between Contractor and Owner. The Owner will track time and approve payment. Measurement of this item will not include the time to mobilize, set up and remove the well point dewatering system to/from the job site. 2. Basis of Payment: Payment shall be made at the Contract unit price per 24 hour-day (24 hr.) for the provision of a well point system complete with suction/discharge piping and vacuum pump which is a supplement to the 4 Man Underground Construction Crew bid item. This pay item shall include, but not be limited to, full compensation for labor, equipment, and material for a complete well point dewatering system including but not limited to fuel, maintenance, suction and discharge piping, manifold header piping, dewatering permits, permitting pump discharge, disposal of pump discharge and any other costs associated with dewatering using a well point system to assist in removing groundwater from the excavation area to an acceptable discharge location. Any time charged under this line item must be specifically approved in writing by the Owner, including a mutually ., agreed upon start date and duration in hours. Any time charged by the Contractor without the Owner's prior written approval under this pay item will not be approved for payment. This pay item is an hourly rate charge for ^+ Dewatering with Well Points. If Contractor has not provided a well point dewatering system adequate to allow for repairs and/or installation of the infrastructure in accordance with Town or other applicable entity standards, Owner will not pay costs associated with this Pay Item until the Contractor has corrected the system to function properly and efficiently. PART 2 -- PRODUCTS (Not Used) PART 3 -- EXECUTION (Not Used) — END OF SECTION — A W2406 01025-8 .� IM No SECTION 01030 OR HURRICANE PREPAREDNESS am PART 1 —GENERAL 1.01 GENERAL Oft 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. am B. Within fourteen (14) days of the date of the Notice to Proceed, the Contractor shall submit to the Engineer and Owner a Hurricane Preparedness Plan specific to this project. The plan should outline the necessary measures which the Contractor Flo 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 all materials and equipment from experiencing damage or causing injury by extreme weather. Work and materials damaged 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 removing all loose supplies and equipment from the job site that may pose a danger. Contractor may provide the Owner with alternatives to removing the equipment and materials from the site, provided that the methods are reasonable considering the impending threat of storm. The Owner does not need to approve the alternative method should he feel it is not in the best interest of the Town. 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 from receiving poor quality runoff resulting from activities. 2. Hurricane Warning: No mobile "temporary facility" 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 W2406 01030-1 and their contents from damage and to avoid the facility from 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 will be required depending on the site conditions at the time of the Hurricane Watch. r F. Contractor shall be responsible to securely tie down large items and remove small lighter items from the job site upon notification to do so by the Owner. Equipment with booms or high rise pieces shall be lowered and secured. r+ G. 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. PART 2 — PRODUCTS (Not Used) PART 3 — EXECUTION (Not Used) - END OF SECTION - W2406 01030-2 r om am SECTION 01090 .. REFERENCE STANDARDS a, PART 1 — GENERAL 1.01 REQUIREMENTS INCLUDED Abbreviations and acronyms used in Contract Documents to identify reference standards. 1.02 QUALITY ASSURANCE A• A. Application: When a standard is specified by reference, comply with requirements and recommendations stated in that standard, except when requirements are modified by the Contract Documents, or �•, applicable codes establish stricter standards. B. Publication Date: The publication in effect on the date of issue of Contract Documents, except when a specific publication date is specified. C. For Products or workmanship specified by association, trade, or other consensus standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. D. Conform to reference standard by date of issue current on bid date. Mq E. Obtain copies of standards when required by the Contract Documents. F. Maintain copy at project site during submittals, planning, and progress of the specific work, until Substantial Completion. G. Should specified reference standards conflict with Contract Documents, request clarification from the Engineer before proceeding. H_ Neither the contractual relationship, duties, nor responsibilities of the parties in Contract nor those of the Engineer shall be altered by the Contract Documents by mention or inference otherwise in any reference document. W2406 01090-1 r r 1.03 ABBREVIATIONS, NAMES, AND ADDRESSES OR ORGANIZATIONS A. Obtain copies of reference standards direct from publication source, when needed for proper performance of work, or when required for submittal by Contract Documents. B. The following, as appropriate to project, is a list of referenced standards and their mailing addresses for requesting copies of standards: AA Aluminum Association 818 Connecticut Avenue, NW Washington, D.C. 20006 AABC Associated Air Balance Council 1000 Vermont Avenue, NW Washington, D.C. 20005 AASHTO American Association of State Highway and Transportation Officials r• 444 North Capitol Street, NW Washington, D.C. 20001 ACI American Concrete Institute Box 19150 Redford Station ., Detroit, MI 48219 Al Asphalt Institute Asphalt Institute Building College Park, MD 20740 AISC American Institute of Steel Construction 1221 Avenue of the Americas New York, NY 10020 AISI American Iron and Steel Institute 1000 16t' Street, NW Washington, D.C., 20036 ANSI American National Standards Institute 1430 Broadway New York, NY 10018 W2406 01090-2 00 om ARI Air Conditioning and Refrigeration Institute -m 1815 North Fort Myer Drive Arlington, VA 22209 ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers 345 East 47th Street .M New York, NY 10017 ASME American Society of Mechanical Engineers ••. 345 East 47th Street New York, NY 10017 ASPA American Sod Producers' Association Association Building Ninth and Minnesota Hastings, NE 68901 ASSE American Society of Sanitary Engineers r. 960 Illuminating Building Cleveland, OH 44113 ,., ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 AWPA American Wood-Preservers Association 7735 Old Georgetown Road Bethesda, MD 20014 AWS American Welding Society 2501 NW 7th Street Miami, FL 33125 a, AWWA American Water Works Association 6666 W. Quincy Avenue Denver, CO 80235 CDA Copper Development Association 571h Floor, Chrysler Building 405 Lexington Avenue New York, NY 10017 CRSI Concrete Reinforcing Steel Institute a, 180 North LaSalle Street, Suite 2110 Chicago, IL 60601 W2406 01090-3 e, FBC 2007 Florida Building Code Florida Department of Community Affairs ^" Building Codes and Standards 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 ~' FDEP Florida Department of Environmental Protection 3900 Commonwealth Boulevard M.S. 49 Tallahassee, FL 32399 FDOT Florida Department of Transportation Haydon Burns Building 605 Suwannee Street ^ Tallahassee, FL 32301 FS Federal Specifications General Services Administration Specifications and Information Distribution Section (WFSIS) ^ Washington Navy Yard, Bldg. 197 Washington, D.C. 20407 NEC National Electric Code National Fire Protection Association (NFPA) 1 Batterymark Park Quincy, MA 02169 NEMA National Electrical Manufacturers Association 2101 L Street, NW Washington, D-C. 20037 NFPA National Fire Protection Association 470 Atlantic Avenue Boston, MA 02210 NSF National Sanitation Foundation NSF Building 3475 Plymouth Road Ann Arbor, MI 48106 PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 20076 W2406 01090-4 PCI Prestressed Concrete Institute 20 North Wacker Drive Chicago, IL 60606 A, PS Product Standard U.S. Department of Commerce Washington, D.C. 20203 SMACNA Sheet Metal and Air Conditioning Contractors National Association 8224 Old Courthouse Road Vienna, VA 22180 .� TCA Technical Aid Series Construction Specifications Institute 1150 Seventeenth Street, NW Washington, D.C. 20036 Town Town of Jupiter Utilities Guide For Development ,., Design Standards and Construction Standards Water and Stormwater 210 Military Trail a, Jupiter, FL 33458 UL Underwriters Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 PART 2 — PRODUCTS (Not Used) PART 3 — EXECUTION (Not Used) END OF SECTION W2406 01090-5 toll I ' I ! r•� P'+ � I i ' PAGE INTENTIONALLY LEFT BLANK ; i fop ) i l ; r I . j n r W2406 1` 01090-6 SECTION 01200 — PROJECT MEETINGS PART 1 — GENERAL 1.01 PRECONSTRUCTION A. Upon Execution of Contracts, Owner will schedule a pre-work meeting with Contractor to cover such subjects as contract administration, upcoming work projects, permits and licenses, process for issuance of work orders and application for payments, shop drawings and submittals, material procurement, delivery and storage, Owner's field inspections, field materials testing, project site cleanliness, a. and other appropriate matters. The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. B. Prior to the issuance of each work order Contractor and Owner shall visit the site for the purpose of discussing and determining the detailed scope of work, existing conditions that should be considered during construction and restoration, permits needed to complete the work, and any other factors that may determine or affect the scope of work. Within ten (10) 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 „y 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 Town's approval of proposal. C. Prior to the commencement of a project for which a Work Order has been issued, a preconstruction conference will be held at a mutually agreed time and place which shall be attended by the Contractor, Contractor's superintendent, and any subcontractors as appropriate. Other attendees will include: 1. Representatives of Owner. 2. Governmental representatives as appropriate. 3. Others as requested by Contractor or Owner. 1.02 PROGRESS A. The Owner will schedule progress meetings as considered necessary by the Owner to assure effective execution of this Contract. The Contractor, Owner, and all subcontractors active on the site shall be represented at each meeting. W2406 01200-1 Contractor may at its discretion request attendance by representatives of its suppliers, manufacturers, and other subcontractors. B. Progress meetings will be managed by the Owner. Meeting minutes will be recorded by the Owner at each progress meeting to document items discussed, and later distributed to all meeting attendees. The purpose of the meetings will be to review the progress of the Work, maintain coordination of efforts, discuss changes in scheduling, and resolve other problems which may develop. C. In addition, the Owner or Contractor may call for special job site meetings for the purpose of resolving unforeseen problems or conflicts which may affect the ^ construction schedule. The Owner will prepare a brief summary report of the decisions or understandings concerning each of the items discussed at the meeting. The Owner may request the attendance of sudcontractors and Owner's consultants at these meetings. D. At progress meetings, the Contractor shall submit to the Owner for review a current .» progress schedule. This schedule submission shall include a look ahead schedule and reflect the status of the Work performed to date. PART 2 — PRODUCTS (Not Used) ^ PART 3 — EXECUTION (Not Used) - END OF SECTION - ^ W2406 01200-2 rw ..s SECTION 01300 SUBMITTALS PART 1 —GENERAL 1.01 THE REQUIREMENT A. This section provides an overview of the submittals expected during the course of the Contract. All submittals, whether their final destination is the Owner or other representatives of the Owner, shall be directed through the Owner. This list is not all inclusive, the Owner, permitting agencies or other specifications throughout this Contract may require additional submittals. Following is a general summary of the v, types of submittals expected: • Progress Schedule �. a Schedule of Submittals • Schedule of Values • Applications for Payment • 24 Hr. Emergency Contact List • Shop Drawings and Product Data • Temporary Traffic Control • Product Samples • Daily Work Logs • Certificates of Compliance • Warranties B. Prior to mobilization to complete a project authorized by a work order, Contractor shall transmit the appropriate submittals to the Owner for review and approval. Submittals may be made in electronic format to Owner. 1.02 SUBMITTAL PROCEDURES A. Transmit each submittal with a form acceptable to the Owner, clearly identifying the project and the Contractor, the enclosed material and other pertinent information specified in other parts of this section. Identify variations between Contract Documents and Product. Identify system limitations which may be detrimental to successful performance of the completed Work. B. Revise and resubmit submittals as required, identify all changes made since �-+ previous submittals. Resubmittals shall be noted as such. C. Distribute copies of reviewed submittals to concerned parties. Instruct parties to �+ promptly report any inability to comply with provisions. W2406 01300-1 r+, PART 2 — PRODUCTS 2.01 CONSTRUCTION SCHEDULE A. A construction schedule shall be prepared for each work order authorized and issued by the Owner 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, with the estimated start date and completion date of each stage of the work to completion of the work order. B. The construction schedule shall be revised to reflect comments by the Owner and returned to Owner in a timely manner. C. Updates to the schedule shall be provided by Contractor to Owner when requested and as often as the schedule changes regardless of the reason for the change. 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 may require. D. 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. 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. ,•� 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 2. Specification Section, Page and Paragraph 3. Submittal Description W2406 01300-2 v. 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 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 listing as required by the OWNER's initial or subsequent reviews. 2.04 PAYMENT APPLICATIONS A. Procedures for preparation and submittal of Applications for Payment must be in accordance with Article 15 of the General Conditions. Payment applications may be submitted electronically B. Each Application for Payment must include a completed and executed Town of Jupiter Application for Payment cover sheet and supporting documentation. Supporting documentation includes approved work order schedule of values and unit pricing, material invoices, partial/full release of liens, Contractor daily work logs, etc. The Contractor may include AIA G702 — Application and Certificate for Payment and AIA G703 — Continuation Sheets W2406 01300-3 C. No payment will be made for materials stored under this Contract. If purchased by Contractor, materials will not be paid for by Owner until incorporated into the Work. D. Progress payments will be made in an amount equal to 95% of the Work completed, and 95% of materials and equipment not incorporated in the Work but delivered and suitably stored, less in each case the aggregate of payments previously made. Owner is not obligated to pay for stored materials and may choose to withhold payment until materials are incorporated into the Work. E. Owner, at its discretion may further increase payments to 98% of the work completed upon Substantial Completion. Owner is not obligated to increase payments to 98% of work completed. 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.- 1. Project Manager 2. Project Superintendent 3. Maintenance of Traffic Supervisor (24 Hr) .� B. The Town must have two (2) 24-hour contact telephone numbers, one which includes either the Project Manager or Project Superintendent C. The 24-hour contact list may be revised or updated, as needed, as the Contractor completes projects associated with individual work order authorizations ., 2.06 SHOP DRAWINGS A. General: The Contractor shall submit for review shop drawings for concrete, reinforcement, structural details, structures, pipe, adapters, couplings, grout, road rock, asphalt, tack/prime coat, and all other materials to be incorporated into the Work of this Contract and as specifically requested by the Owner. 1. Shop drawings shall show the principal dimensions, weight, elevations, structural and operating features, type and/or brand of finish or shop coat, grease fittings, etc., depending on the subject of the Work. 2. When so specified, or if considered by the Owner to be acceptable, the manufacturer's specifications, catalog data, descriptive matter, illustrations, W2406 01300-4 etc., may be submitted for review in place of shop drawings. In such case, the requirements shall be as specified for shop drawings, insofar as applicable. 3. The Contractor shall be responsible for the prompt submittal of all shop drawings so that there shall be no delay to the Work due to the absence of such Drawings. The Owner will review the shop drawings within 14 calendar days of receipt of such Drawings from Contractor. Reviewed shop drawings will be returned to the Contractor within 14 days of receipt. 4. Time delays caused by rejection of submittals are not cause for extra charges to the Owner or time extensions. .. B. Requirements: All shop drawings shall be submitted to the Owner through the Contractor. The Contractor is responsible for obtaining shop drawings from his subcontractors and returning reviewed Drawings to them. All Drawings shall be clearly marked with the name of the project, Owner, Contractor, Contract and Work Order number, and structure to which the drawing applies. Drawings shall be suitably numbered and stamped by the Contractor as having been reviewed by the Contractor prior to submittal to the Owner. Submittals made without Contractor's stamp of review will be returned to Contractor not reviewed by Owner. Each submittal shall be accompanied by a letter of transmittal giving a list of the submittal numbers and names included. C. Product Data: Where manufacturer's publications in the form of catalogs, ^, brochures, illustrations, or other data sheets are submitted in lieu of prepared shop drawings, such submission shall specifically indicate the particular item offered. Identification of such items and relative pertinent information shall be made with indelible ink. Submissions showing only general information will not be accepted. D. Product data shall include materials of construction, dimensions, performance characteristics and capacities, etc. E. Sample Warranties: When warranties are called for, a sample of the warranty shall be submitted with the shop drawings. The sample warranty shall be the same form that will be used for the actual warranty. F. Work Prior to Review: No material or equipment shall be purchased, fabricated especially for this Contract and Work Order, or delivered to the project site until the required shop drawings have been submitted, processed and marked either "APPROVED AS SUBMITTED" or "APPROVED AS NOTED". All materials incorporated into the Work shall be as represented by approved submittals. The Contractor shall not proceed with any portion of the Work for which the design and details are dependent upon the design and details of equipment forwhich submittal review has not been completed. W2406 01300-5 G. Contractor's Review: Contractor shall thoroughly review all submittals received from suppliers, vendors, and subcontractors for accuracy and correctness prior to ~ submitting them to the Owner for review. Contractor shall indicate his review of the submittals with the date, reviewer's name and indications of the Contractor's approval. " H. Contractor's Responsibility: The Owner's review of shop drawings will be general and shall not relieve the Contractor of the responsibility for details of design, *` dimensions, etc., necessary for proper fitting and construction of the Work required by the Contract and for achieving the specified performance. I. Contractor's Modifications: For submissions containing departures from the Contract Documents, the Contractor shall include proper explanation in his letter of transmittal. Should the Contractor submit for review equipment that requires modifications to the structures, piping, layout, etc. detailed on the Drawings, he shall also submit for review details of the proposed modifications. If such equipment and modifications are accepted, the Contractor, at no additional cost to the Owner, shall do all Work necessary to make such modifications. J. Substitutions: Whenever a particular brand or make of material, equipment, or a, other item is specified, or is indicated on the Drawings, it is for the purpose of establishing a standard of quality, design, and type desired and to supplement the detailed specifications. Any other brand or make which, in the opinion of the ^+ Owner, is equivalent to that specified or indicated may be offered as a substitute subject to the following provisions: 1. Contractor shall submit for each proposed substitution sufficient details, complete descriptive literature, and performance data together with samples of the materials, where feasible, to enable the Owner to determine if the .. proposed substitution is equal. 2. Contractor shall submit certified tests, where applicable, by an independent ., laboratory attesting that the proposed substitution is equal. 3. A list of installations where the proposed substitution is equal. 4. Where the acceptance of a substitution requires revision or redesign of any part of the Work, all such revision and redesign, and all new Drawings and details required therefore, shall be provided by the Contractor at his own cost and expense, and shall be subject to review of the Owner. 5. In all cases the Owner shall be the sole judge as to whether a proposed substitution is to be accepted. The Contractor shall abide by the Owner's decision when proposed substitute items are judged to be unacceptable and ^„ shall in such instances furnish the item, or substitute, as specified. No W2406 01300-6 substitute items shall be used in the Work without written acceptance of the Owner. 6. Acceptance of any proposed substitution shall in no way release the Contractor from any of the provisions of the Contract Documents. K. Complete Submittals: Each submittal shall be complete in all aspects •• incorporating all information and data required to evaluate the products' compliance with the Contract Documents. Partial or incomplete submissions shall be returned to the Contractor without review. 2.07 PRODUCT SAMPLES A. Contractor shall furnish for review all product samples as required by the Contract Documents or requested by the Owner to determine compliance with the specifications. B. Samples shall be of sufficient size or quantity to clearly illustrate the quality, type, range of color, finish or texture and shall be properly labeled to show complete ® project identification, the nature of the material, trade name of manufacturer and location of the Work where the material represented by the sample will be used. C. Samples shall be checked by the Contractor for conformance to the Contract Documents before being submitted to the Owner and shall bear the Contractor's stamp certifying that they have been so checked. Transportation charges on ,., samples submitted to the Owner shall be prepaid by the Contractor. D. Owner's review will be for compliance with the Contract Documents, and his comments will be transmitted to the Contractor with reasonable promptness. E. Acceptable samples will establish the standards by which the completed Work will be judged. 2.08 DAILY WORK LOGS A. On a daily basis, the Contractor shall document work activities, number of workers onsite, time onsite and equipment used on Daily Work Log. Copies shall be submitted to the Owner at the end of each work week. Daily Work Logs may be requested by the Owner for viewing at any time. B. Daily work logs shall be submitted with each application for payment as documentation for the quantities requested under various work items included in the Bid Schedule of Values W2406 01300-7 2.09 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. " 2.10 WARRANTIES PER A. Original warranties, called for in the Contract Documents, shall be submitted to the Owner through the Contractor. When warranties are required for an item, warranty shall be submitted prior to request for payment of that item. B. When warranties are requested, a sample of the warranty to be provided shall be submitted with, and considered part of, the shop drawings. C. The Contractor shall warrant to the Owner that all material and labor used in the construction are covered by his warrantee for a minimum of a one-year period upon approval and acceptance by the Owner. The Contractor shall replace or repair defects at no cost to the Owner during the warrantee period. No visible or potential leakage shall be allowed during the warrantee period. �^ PART 3 — EXECUTION (Not Used) �+ low - END OF SECTION - W2406 01300-8 w SECTION 01400 QUALITY CONTROL *� PART 1 —GENERAL 1.01 QUALITY ASSURANCE A. Quality: All materials shall be new and correctly designed, and shall conform to the requirements of Section 01090, "Reference Standards" and Section 01600, •• "Materials". They shall be standard first-grade quality produced by expert workmen and be intended for the use for which they are offered. Materials which, in the opinion of the Owner, are inferior or of a lower grade than indicated, specified or required will not be acceptable. B. Source Limitations: To the greatest extent possible for each unit of Work, the ,.. Contractor shall provide products, materials, or equipment of a singular generic kind from a single source. C. Compatibility of Options: Where more than one choice is available as options for Contractor's selection of a product, material, or equipment, the Contractor shall select an option which is compatible with other products and materials already ,,. selected. Compatibility is a basic general requirement of product/material selections. 1.02 PRODUCT EVALUATION A. The Owner will employ and pay for the services of an independent testing laboratory for specified testing as specified by the Owner. B. The work or actions of the testing laboratory shall in no way relieve the Contractor of his obligations under the Contract. The laboratory testing work will include such inspections and testing required by the Contract Documents, existing laws, codes, ordinances, etc. The testing laboratory will have no authority to change the requirements of the Contract Documents, nor perform, accept or approve any of the Contractors Work. C. The Contractor shall allow the Owner ample time and opportunity for evaluation and testing materials to be used in the Work. The Contractor shall advise the Owner promptly upon placing orders for materials so that arrangements may be made, if desired, for evaluation before shipment from the place of manufacture. The Contractor shall at all times furnish the Owner and his representatives, facilities including labor, and allow proper time for evaluation and testing materials, and workmanship. The Contractor must anticipate that possible delays may occur in the execution of its work due to the necessity of materials being inspected and accepted for use. The Contractor shall furnish, at his own expense, all samples of W2406 01400-1 a, materials required by the Owner for testing, and shall make his own arrangements for providing water, electric power, or fuel for the various evaluation and tests of structures and materials. D. The Owner will bear the cost of all tests, evaluation, or investigations undertaken by the order of the Owner for the purpose of determining conformance with the Contract Documents if such tests, evaluation, or investigations are not specifically required by the Contract Documents, and if conformance is ascertained thereby. Whenever nonconformance is determined by the Owner as a result of such tests, evaluation, or investigations, the Contractor shall bear the full cost of any additional tests, evaluations and investigations, which are ordered by the Owner to ascertain subsequent conformance with the Contract Documents. 1.03 EVALUATION AT PLACE OF MANUFACTURE A. Unless otherwise specified, all products and materials shall be subject to evaluation by the Owner at the place of manufacture. .. B. The presence of the Owner at the place of manufacture however, shall not relieve the Contractor of the responsibility for furnishing products, materials, and equipment which comply with all requirements of the Contract Documents. Compliance is a duty of the Contractor, and said duty shall not be avoided by any act or omission on the part of the Owner. 1.04 SAMPLING AND TESTING A. Unless otherwise specified, all sampling and testing shall be in accordance with the methods prescribed in the current standards of the ASTM, as applicable to the class and nature of the article or materials considered; however, the Owner reserves the right to use any generally-accepted system of sampling and testing which, in the opinion of the Owner will insure the Owner that the quality of the workmanship is in full accord with the Contract Documents. B. Any waiver by the Owner of any specific testing or other quality assurance measures, whether or not such waiver is accompanied by a guarantee of substantial performance as a relief from the specified testing or other quality assurance requirements as originally specified, and whether or not such guarantee is accompanied by a performance bond to assure execution of any necessary corrective or remedial Work, shall not be construed as a waiver of any requirements of the Contract Documents. .. C. Notwithstanding the existence of such waiver, the Owner reserves the right to make independent investigations and tests and failure of any portion of the Work to meet any of the requirements of the Contract Documents, shall be reasonable cause for the Owner to require the removal or correction and reconstruction of any such work in accordance with the General Conditions. W2406 01400-2 D. In addition to any other evaluation, observation or quality assurance provisions that may be specified, the Owner shall have the right to independently select, test, and analyze, at the expense of the Owner, additional test specimens or any or all of the materials to be used. Results of such tests and analyses shall be considered along with the tests or analyses made by the Contractor to determine compliance with the applicable specifications for the materials so tested or analyzed; provided, that testing or investigation by the Owner, which fails to meet the requirements of the Contract Documents, all costs of such independent inspection and investigation, and all costs of removal, correction, and reconstruction or repair of any such Work shall be borne by the Contractor. 1.05 SITE INVESTIGATION AND CONTROL �- A. The Contractor shall verify all dimensions in the field and shall check field conditions continuously during construction. The Contractor shall be solely responsible for any inaccuracies built into the Work due to its failure to comply with this requirement. B. The Contractor shall inspect related and appurtenant Work and shall report in writing to the Owner any conditions which will prevent proper completion of the Work. Failure to report any such conditions shall constitute acceptance of all site conditions, and any required removal, repair, or replacement caused by unsuitable •� conditions shall be performed by the Contractor at its sole cost and expense. 1.06 RIGHT OF REJECTION A. The Owner shall have the right, at all times and places, to reject any articles or materials to be furnished hereunder which, in any respect, fail to meet the ., requirements of the Contract Documents, regardless of whether the defects in such articles or materials are detected at the point of manufacture or after completion of the Work at the site. If the Owner, through an oversight or otherwise, has accepted materials or Work which is defective or which is contrary to the Contract Documents, such materials, no matter in what stage or condition of manufacture, delivery, or erection, may be subsequently rejected by the Owner. B. The Contractor shall promptly remove rejected articles or materials from the site of the Work after notification of rejection. All costs of removal and replacement of rejected articles or materials as specified herein shall be borne by the Contractor. 1.07 WATER TIGHTNESS OF STRUCTURES A. It is the intent of these specifications that all concrete work, sealing work around built-in items and penetrations be performed as required to ensure that groundwater and/or rainwater will not leak into any repaired collection line, service lateral, manhole, or other type structure. W2406 01400-3 B. The required water tightness shall be achieved by quality construction and proper sealing of all pipes and manholes. C. The Contractor shall provide at its own expense all labor, material, temporary bulkheads, pumps, water, measuring devices, plugs, etc., necessary to perform the required tests. 1.08 HYDRAULIC UPLIFT ON STRUCTURES A. The Contractor shall be completely responsible for any pipelines, inlets or manholes that may become buoyant during the construction operations due to the groundwater or floods and before the structure is put into operation. Should there be any possibility of buoyancy of a structure the Contractor shall take the necessary steps to prevent its buoyancy. Damage to any structures due to floating or flooding shall be repaired or the structures replaced at the Contractors expense. 1.09 CUTTING AND PATCHING A. The Contractor shall perform all cutting and patching of the Work that may be required to make its several parts come together properly and fit it to receive or be received by such other work. The Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and shall only cut or alter work with the written consent of the Owner and of the other contractors whose work will be affected. 1.10 REMOVAL OF EXISTING PIPELINES *" A. General: The scope of work requires the Contractor to interface with existing piping which will be removed as part of the work. Prior to beginning any work associated with existing facilities to be removed, the Contractor shall inform the Owner of his intent so that all arrangements can be made with the Owner for disconnecting or isolating pipelines (where possible) from service to the extent possible. The Contractor shall not proceed without written authorization from the Owner. B. Pipelines: The Contractor shall remove existing pipelines or segments of existing pipelines shown to be replaced as part of the contract work. Pipe being replaced with new pipe shall be excavated and removed using methods which will not disturb adjacent pipe or other facilities. After pipe has been removed and new pipe installed, Contractor shall backfill the evacuated area in accordance with requirements set forth in other sections of these specifications. *• C. Where new pipe is to be connected to existing pipe the existing pipe shall be cut square and the ends properly prepared for the connection. Any damage to the .. pipe, lining or coating of the existing pipe shall be repaired by the Contractor. Damage to new pipe shall be replaced. W2406 01400-4 aw D. Disposal of Debris: All debris, materials, pipe and miscellaneous waste products generated during the Work shall be removed from the job site as soon as possible and be disposed of in accordance with applicable federal, state, and local regulations. The Contractor is responsible for determining these regulations and shall bear all costs or retain any profit associated with disposal of these items. — 1.11 OBSERVATION OF THE WORK A. The Work shall be conducted under the general observation of the Owner/Town — Representative to ensure strict compliance with the requirements of the Contract Documents. Such observation may include mill, plant, shop, or field observation, as required. The Owner shall be permitted access to all parts of the Work, including plants where materials are manufactured or fabricated. B. The presence of the Owner or any observer, however, shall not relieve the Contractor of the responsibility for the proper execution of the Work in accordance with all requirements of the Contract Documents. Compliance is a duty of the Contractor, and said duty shall not be avoided by any act or omission on the part �. of the Owner or any observer. C. All materials and articles furnished by the Contractor shall be subject to rigid .. inspection, and no materials or articles shall be used in the Work until they have been inspected and accepted by the Owner or its representative. No Work shall be backfilled, buried, cast in concrete, hidden or otherwise covered until it has been inspected by the Owner or its authorized representative. Any Work so covered in the absence of inspection shall be subject to uncovering at Contractor's expense. Where uninspected Work cannot be uncovered, such as in concrete cast over reinforcing steel, all such Work shall be subject to demolition, removal, and reconstruction under proper inspection and no additional payment will be allowed therefore. — 1.12 TIME OF OBSERVATION AND TESTS A. Samples and test specimens required under these Specifications shall be furnished and prepared for testing in ample time for the completion of the necessary tests and analyses before said articles or materials are to be used. The Contractor shall furnish and prepare all required test specimens within the scope of the Contract. Except as otherwise provided in the Contract Documents, performance of the required tests will be by the Owner, and all costs therefore will be borne by the Owner at no cost to the Contractor, except that the costs of any test which shows unsatisfactory results shall be borne by the Contractor. Whenever the Contractor is ready to backfill, bury, cast in concrete, hide, or otherwise cover any Work under the Contract, the Owner shall be notified not less than twenty-four hours in advance to request inspection before beginning any such Work of covering. Failure of the Contractor to notify the Owner at least twenty-four W2406 01400-5 r� hours in advance of any such inspections shall be reasonable cause for the Owner to order a sufficient delay in the Contractor's schedule to allow time for such inspections and any remedial or corrective Work required, and all costs of such delays, including its effect upon other portions of the Work, shall be borne by the Contractor. 1" PART 2 — PRODUCTS (Not Used) PART 3 — EXECUTION (Not Used) - END OF SECTION - W2406 01400-6 SECTION 01500 CONSTRUCTION CONSIDERATIONS PART 1 —GENERAL 1.01 CUTTING AND PATCHING A. The Contractor shall perform all cutting and patching of his Work that may be required to make its several parts come together properly and fit it to receive or be received by such other work. The Contractor shall not endanger any work of others A, by cutting, excavating, or otherwise altering their work and shall only cut or alter work with the written consent of the Owner and of the other contractors whose work will be affected. 1.02 ABANDONMENT AND SALVAGE OF EXISTING FACILITIES A. General: The Scope of Work requires the Contractor to interface with existing facilities (pipe and structures) which will be abandoned as part of the Work. Prior to beginning any Work associated with existing facilities to be abandoned, the •. Contractor shall inform the Owner of his intent so that arrangements can be made with the Owner for isolating pipelines (where necessary and possible). The Contractor shall not proceed without written authorization from the Owner. B. Pipelines: The Contractor shall abandon, salvage, or otherwise remove existing pipe or segments of existing pipe to be removed or replaced as part of the Contract Work. C. Pipe to be removed which interferes with new structures or new pipe shall be excavated and removed using methods which will not disturb adjacent pipe or other facilities. After pipe has been removed, the Contractor shall backfill the excavated area in accordance with requirements set forth in other Sections of these Specifications. 1.03 REHABILITATION A. Certain areas of existing structures, pipe, conduit, and the like that will be affected by Work will be rehabilitated/repaired by the Contractor. B. Where new pipe is to be connected to existing pipe the existing piping shall be cut square, and the ends shall be properly prepared for the connection. Any damage to either pipe shall be repaired by the Contractor at his expense. W2406 01500-1 low C. Disposal of Debris: All debris, materials, piping, and miscellaneous waste products from the Work described in this Section shall be removed from the project as soon as possible and disposed of in accordance with applicable federal, state, and local regulations. The Contractor is responsible for determining these regulations and shall bear all costs or retain any profit associated with disposal of these items. 1.04 INSTALLATION OF NEW PIPE A. Contractor shall have on hand sufficient personnel, proper equipment, and machinery of ample capacity to facilitate the Work. r B. Contractor shall be responsible for locating, aligning and leveling new pipe and shall employ a licensed surveyor to set all lines and levels of equipment to the accuracy required. C. Complete manufacturer's installation instructions including permissible tolerances shall be furnished in duplicate with each component of the pipeline. D. The new pipeline shall be installed in accordance with the Shop Drawings; inclusive of manufacturer's specifications, drawings, and tolerances; and under the direct supervision of the required manufacturer's engineer. No instructions shall be issued that are contrary to written Specifications without prior written approval by the Owner's Engineer. 1.05 OBSTRUCTIONS r+ A. All water pipes, storm drains, sanitary sewers, force mains, gas or other pipe, telephone or power cables, or conduits and all other obstructions, whether or not shown, shall be temporarily supported across utility line excavations. The Contractor shall be responsible for any damage to any such pipes, conduits, or structures. Approximate locations of known water, sanitary, drainage, power, and telephone installations along route of new pipelines or in the vicinity of new Work ,. must be verified in the field by the Contractor. The Contractor shall uncover these pipes, ducts, cables, etc., carefully, by hand, prior to installing new pipe or structures. Any discrepancies or differences found shall be brought to the attention �. of the Owner in order that necessary changes may be made to permit installation of new Work. These conditions are supplemental to general requirements elsewhere in the Contract Documents. .. 1.06 PROTECTION OF PROPERTY A. The Contractor shall protect all property that may be affected by his Work or operations. The location and extent of underground and covered facilities are not guaranteed and the Contractor is cautioned to proceed with care in order to prevent the undermining or damage to existing structures, piping, or facilities. W2406 01500-2 B. The Contractor shall take all measures necessary to protect new and existing mechanical equipment from dust and debris. All protective measures shall be furnished, installed, lighted, ventilated, maintained, and removed at the Contractor's cost. C. When Town water is being used, the supply source shall be protected against contamination in accordance with existing codes and regulations. Connection to Town water must be coordinated with Owner. D. In the event that any of the Contractor's activities disrupt or endanger any facilities, he shall at his own expense make all necessary repairs or replacements necessary to correct the situation to the satisfaction of the Owner. Such work shall progress continuously to completion 24 hours per day, 7 days per week basis if determined by the Owner to be necessary. The Contractor shall be responsible for the services of repair crews on call 24 hours per day for emergencies that arise involving Work under this Contract. 1.07 WEATHER CONDITIONS A. Work that may be affected by inclement weather shall be suspended until proper j conditions prevail. In the event of impending storms, the Contractor shall take necessary precautions to protect all Work, materials, and equipment from exposure. The Owner reserves the right, to order that additional protective measures over and beyond those proposed by the Contractor, be taken to safeguard all components of the project. The Contractor shall not claim any compensation for such precautionary measures so ordered, nor claim any compensation from the Owner for damage to the Work from the elements of weather. 1.08 FIRE PROTECTION A. The Contractor shall take all necessary precautions to prevent fires at or adjacent to the Work, including his own buildings and trailers. Adequate fire extinguisher and hose line stations shall be provided throughout the work area. 1.09 SAFETY AND HEALTH REQUIREMENTS A. The Contractor shall comply in every respect with all Federal, State, and local 9 safety and health regulations. _ B. The Contractor shall provide all barricades and flashing warning lights or other devices necessary to warn pedestrians and area traffic. I W2406 01500-3 n w i and utilities. Utilities shall include but not be limited to water, sewerage, drainage structures, electrical, cable, and telephone service. Prior to commencing with the Work, the Contractor shall perform a location investigation of existing underground utilities and facilities in accordance with Section 01530 entitled "Protection of Existing Facilities". B. The outlined sequence of construction does not include all items necessary to complete the Work, but is intended to identify the sequence of critical events necessary to minimize disruption to the function of affected facilities. It shall be understood by the Contractor that the critical events identified are not all inclusive and that additional items of Work not shown may be required. The sequence of construction is a precedence requirement and does not attempt to schedule the Contractor's Work. It is intended only to indicate which activities must precede other activities in order to minimize interferences and disruptions. R C. At no time shall the Contractor undertake to close off any pipelines, manipulate valves, or take any other action which would affect the operation of the existing system, except as specifically required by the Drawings and Specifications, until authorization is granted by the Owner and after proper notification. D. Temporary installations required to complete a particular aspect of the Work during the allotted time period shall be determined and implemented by the Contractor at no additional cost to the Owner. All such temporary installations shall be subject to the review and acceptance of the Owner. E. Sequence of certain major events and identification of time constraints for removing piping and equipment from active service are as follows: 1. Phase I - Mobilization: a. Mobilize for work — set up staging area; develop and submit pollution prevention plan, dewatering disposal submittal, construction schedule and Shop Drawing Schedule; obtain permits; and begin submitting Shop Drawings (except those requiring verification of facilities - for those items verification should precede submittals). 2. Phase II - Site Preparation: a. Verify locations of facilities, elevations, dimensions, type of joints, manufacturer of equipment, etc., before ordering materials to complete the Work in accordance with the Contract Documents and field conditions. b. Obtain equipment and materials to implement approved pollution prevention plan, approved dewatering disposal plan and meet all permitting requirements related to pollution prevention and testing/dewatering water containment and disposal. W2406 01520-2 1 1 c. Order pipe, structures, adapters, plugs, etc and other long lead items _ so that materials may be delivered in a timely fashion without delay to construction. d. Meet all preconstruction requirements as noted in applicable permits "" associated with the Work. 3. Phase III — Construction: a. Once Phase I and II are complete, the Contractor may proceed with the Work. 4. Phase IV- Final Sitework and Closeout: a. Re-establish water service, Town of Jupiter Utility personnel will oversee this process and flush the system as best as possible to reduce customer complaints. b. Restoration, final grading, sodding, punch list work. c. Remove turbidity barriers, filter fabric, and other Best Management Practices (BMPs) installed for construction. d. Demobilize and start closeout activities as described in Section 01700 entitled "Project Closeout'. F. Other Construction Constraints: The Contractor shall comply with the following constraints during construction and utilize these constraints in determining a sequence of construction: 1. A pre-construction video of the areas to be affected by construction and adjacent surrounding areas must be provided to and accepted by the Owner prior to mobilization. 2. All drives and approaches shall be restored to a useable condition at the end of each work day. 3. Maintain access to mailboxes or relocate as required and as approved by Post Master. 4. Excavations in residential areas shall be backfilled, and temporary restoration shall be completed at the end of each work week. No open holes will be allowed at night or over weekends or holidays. All excavation shall be secured at the end of each work day to prohibit public access. 5. Final restoration of roads, driveways, sidewalks, and all other paved areas �— shall be complete within 14 days of pipe and structure installation. W2406 01520-3 PART 2— PRODUCTS (Not Used) ^ PART 3— EXECUTION 3.01 COORDINATION WITH EXISTING UTILITIES AND OTHER AGENCIES A. The Contractor shall notify all utilities including Loxahatchee River District (LRD), ^ FPL, Bell South, cable, 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 utilities that may require temporary interruption of service in order to minimize the interruption. The Contractor shall call Sunshine n One-Call Notification at 1-800-432-4770 a minimum of 48 hours prior to any excavation for location of existing underground facilities. ^ 3.02 COOPERATION A. The Contractor shall allow representatives from the permitting agencies, Owner or FM their agents to enter the facilities being constructed under this Contract for the purpose of inspecting, constructing, installing, operating, maintaining, removing, repairing, altering, or replacing such equipment pipes, sewers, conduits, ^ manholes, wires, or other structures and appliances which may be required to be installed at or in the Work_ The Contractor shall cooperate with all of the aforesaid parties and shall allow reasonable provisions for the prosecution of any other work ^ by the Owner, or others, to be done in connection with his Work or in connection with normal use of the facilities. - END OF SECTION - ^ ^ W2406 01520-4 P, SECTION 01530 PROTECTION OF EXISTING FACILITIES �^ PART 1 —GENERAL 1.01 THE REQUIREMENT A. Contractor shall be responsible for the preservation and protection of property adjacent to the work site against damage or injury as a result of his operations under this Contract. Any damage or injury occurring on account of any act, omission or neglect on the part of the Contractor shall be restored in a proper and satisfactory manner or replaced by and at the expense of the Contractor to an p- equal or superior condition than previously existed. B. Contractor shall comply promptly with such safety regulations as may be prescribed by the Owner or the local authorities having jurisdiction and shall, when so directed, properly correct any unsafe conditions created by, or unsafe practices on the part of, his employees. In the event of the Contractor's failure to comply, �• the Owner may take the necessary measures to correct the conditions or practices complained of, and all costs thereof will be deducted from any monies due the Contractor. Failure of the Owner to direct the correction of unsafe conditions or practices shall not relieve the Contractor of his responsibility hereunder. C. In the event of any claims for damage or alleged damage to property as a result of work under this Contract, the Contractor shall be responsible for all costs in connection with the settlement of or defense against such claims. Prior to commencement of work in the vicinity of property adjacent to the work site, the ,., Contractor, at his expense, shall take such surveys as may be necessary to establish the existing condition of the property. Before final payment can be made, the Contractor shall furnish satisfactory evidence that all claims for damage have been legally settled or sufficient funds to cover such claims have been placed in escrow, or that an adequate bond to cover such claims has been obtained. 1.02 PROTECTION OF WORK AND MATERIAL A. During the progress of the work and up to the date of final payment, the Contractor shall be solely responsible for the care and protection of all work and materials covered by the Contract. B. All work and materials shall be protected against damage, injury or loss from any cause whatsoever, and the Contractor shall make good any such damage or loss at his own expense. Protection measures shall be subject to the approval of the a, Owner. W2406 01530-1 r, 1.03 BARRICADES, WARNING SIGNS AND LIGHTS r A. Each Contractor shall provide and maintain such other warning signs and barricades in areas of and around their respective work as may be required for the safety of all those employed in the work, the Owner's operating personnel, or those visiting the site. 1.04 EXISTING UTILITIES AND STRUCTURES A. The term existing utilities shall be deemed to refer to both publicly-owned and privately-owned utilities such as electric power and lighting, telephone, water, gas, ' storm drains, process lines, sanitary sewers and all appurtenant structures. B. Where existing utilities and structures are indicated on the Drawings, it shall be '" understood that all of the existing utilities and structures affecting the work may not be shown and that the locations of those shown are approximate only. It shall be the responsibility of the Contractor to ascertain the actual extent and exact location of existing utilities and structures. In every instance, the Contractor shall notify the proper authority having jurisdiction and obtain all necessary directions and approvals before performing any work in the vicinity of existing utilities. C. Prior to beginning any excavation work, the Contractor shall, through field investigations, determine any conflicts or interferences between existing utilities ^ and new utilities to be constructed under this project. This determination shall be based on the actual locations, elevations, slopes, etc., of existing utilities as determined in the field investigations, and locations, elevation, slope, etc. of new utilities as shown on the Drawings. If an interference exists, the Contractor shall bring it to the attention of the Owner as soon as possible. If the Owner agrees that an interference exists, he shall modify the design as required. Additional costs to the Contractor for this change shall be processed through a Change Order as detailed elsewhere in these Contract Documents. In the event the Contractor fails to bring a potential conflict or interference to the attention of the Owner prior to beginning excavation work, any actual conflict or interference which does arise during the Project shall be corrected by the Contractor, as directed by the Owner, at no additional expense to the Owner. D. The work shall be carried out in a manner to prevent disruption of existing services and to avoid damage to the existing utilities. Temporary connections shall be provided, as required, to insure there is no interruption of existing services. Any damage resulting from the work of this Contract shall be promptly repaired by the Contractor at his own expense in a manner approved by the Owner and further subject to the requirements of any authority having jurisdiction. Where it is required by the authority having jurisdiction that they perform their own repairs or have them done by others, the Contractor shall be responsible for all costs thereof. r, W2406 01530-2 E. Where excavations by the Contractor require any utility lines or appurtenant structures to be temporarily supported and otherwise protected during the construction work, such support and protection shall be provided by the Contractor. All such work shall be performed in a manner satisfactory to the Owner and the respective authority having jurisdiction over such work. In the event the Contractor fails to provide proper support or protection to any existing utility, the Owner may, at his discretion, have the respective authority to provide such support or protection RIM as may be necessary to insure the safety of such utility, and the costs of such measures shall be paid by the Contractor. PART 2 — PRODUCTS (NOT USED) rwo PART 3 — EXECUTION (NOT USED) me - END OF SECTION - W2406 01530-3 � I it 7 7 7 7 PAGE INTENTIONALLY LEFT BLANK 7 7 7 17 7 7 n 7 1 I � W2406 7 01530-4 `7( am e, SECTION 01550 — SITE ACCESS AND STORAGE PART 1 — GENERAL 1.01 SITE ACCESS A. Work may be required in various locations throughout the Town. Therefore, the Contractor shall make its own general investigation of the condition of available ••. public and private roads and of clearances, restrictions, bridge load limits, and other limitations affecting transportation within the Town limits. It shall be the Contractor's responsibility to construct and maintain any haul roads required for its .p construction operations. 1.02 TEMPORARY CROSSINGS A. General: Wherever necessary or required for the convenience of the public or individual residents at street or highway crossings, private driveways, or elsewhere, the Contractor shall provide suitable temporary bridges over unfilled excavations, except in such cases as the Contractor shall secure the written consent of the individuals or authorities concerned to omit such temporary bridges, which written consent shall be delivered to the Owner prior to excavation. All such bridges shall be maintained in service until access is provided across the backfilled excavation_ Temporary bridges for street and highway crossing shall conform to the requirements of the authority having jurisdiction in each case, and the Contractor shall adopt designs furnished by said authority for such bridges, or shall submit designs to said authority for approval, as may be required. B. Street Use: Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street, alleyway, or parking area during the �. performance of the Work hereunder, and he shall so conduct his operations as not to interfere unnecessarily with the authorized work of utility companies or other agencies in such streets, alleys, ways, or parking areas. No street shall be closed P" to the public without first obtaining permission of the Owner and proper governmental authority. Where excavation is being performed in primary streets or highways, one lane in each direction shall be kept open to traffic at all times MM unless otherwise provided or shown. Toe boards shall be provided to retain excavated material if required by the Owner or the agency having jurisdiction over the street or highway. Fire hydrants on or adjacent to the Work shall be kept accessible to fire-fighting equipment at all times. Temporary provisions shall be made by the Contractor to assure the use of sidewalks and the proper functioning of all gutters, sewer inlets, and other drainage facilities. C. Traffic Control: For the protection of traffic in public or private streets and ways, the Contractor shall provide, place, and maintain all necessary barricades, traffic W2406 01550-1 cones, warning signs, lights, and other safety devices in accordance with the requirements of the "Manual of Uniform Traffic Control Devices, Part VI - Traffic Controls for Street and Highway Construction and Maintenance Operations," published by U.S. Department of transportation, Federal Highway Administration ANSI D6.1 . The contractors shall provide Temporary Traffic Control in accordance with specifications section 01570, Temporary Traffic Control. 1. The Contractor shall take all necessary precautions for the protection of the Work and the safety of the public. All barricades and obstructions shall be illuminated at night, and all lights shall be kept burning from sunset until sunrise. The Contractor shall station such guards or flaggers and shall conform to such special safety regulations relating to traffic control as may be required by the public authorities within their respective jurisdictions. All signs, signals, and barricades shall conform to the requirements of Subpart G, Part 1926, of the OSHA Safety and Health Standards for Construction. 2. For each work order, the Contractor shall submit a traffic control plan/MOT plan ^ to the Owner for approval a minimum of two weeks prior to construction. The Town of Jupiter reserves the right to observe these traffic control plans in use and to make any changes as field conditions warrant. Any changes shall ^� supersede these plans and be done solely at the Contractor's expense. The Contractor shall keep a copy of the traffic control plan on site at all times of construction. If the work affects traffic on Palm Beach County or FDOT ^ roadways, traffic control plans shall also be submitted to those agencies for approval. 3. The Contractor shall remove traffic control devices when no longer needed, repair all damage caused by installation of the devices, and shall remove post settings and backfill the resulting holes to match grade. -• D. Temporary Street Closure: If closure of any street is required during construction, a formal application for a street closure shall be made to the authority having jurisdiction at least 30 days prior to the required street closure in order to determine necessary sign and detour requirements. E. Temporary Driveway Closure: The Contractor shall notify the Owner or occupant (if not owner-occupied) of the closure of the driveways to be closed more than one eight-hour work day, at least three working days prior to the closure. The Contractor shall minimize the inconvenience and minimize the time period that the driveways will be closed. The Contractor shall fully explain to the owner/occupant how long the work will take and when closure is to start. ,., F. Temporary Bridges: Whenever necessary, the Contractor shall provide suitable temporary bridges or steel plates over unfilled excavations, except in such cases ^„ as the Contractor shall secure the written consent of the individuals or authorities concerned to omit such temporary bridges or steel plates, which written consent W2406 01550-2 ^ aft shall be delivered to the Engineer prior to excavation. All such bridges or steel — plates shall be maintained in service until access is provided across the backfilled excavation. Temporary bridges or steel plates for street and highway crossing shall conform to the requirements of the authority having jurisdiction in each case, and the Contractor shall adopt designs furnished by said authority for such bridges or steel plates, or shall submit designs to said authority for approval, as may be required. 1.03 STORAGE A. Responsibility for protection and safekeeping of equipment and materials will be solely that of the Contractor, and no claim shall be made against the Owner by reason of any act of an employee or trespasser. Should an occasion arise necessitating access to an area occupied by stored equipment and/or materials, the Contractor shall immediately move them. B. Upon completion of the Contract, the Contractor shall remove from the storage areas all of their equipment, temporary fencing, surplus materials, rubbish, etc., and restore the area to its original or better conditions. PART 2 — PRODUCTS (Not Used) PART 3 — EXECUTION_ (Not Used) - END OF SECTION - W 2406 01550-3 f r ' i f I � �I ( i 1 ' n 11 r PAGE LEFT INTENTIONALLY BLANK n ji i �1 I � i ! I ' f n f ' ( I W2406 01550-4 f ' SECTION 01560 TEMPORARY ENVIRONMENTAL CONTROLS PART 1 — GENERAL 1.01 EXPLOSIVES AND BLASTING A A. The use of explosives on the Work will not be permitted. 1.02 DUST ABATEMENT A. The Contractor shall furnish all labor, equipment, and means required and shall •• carry out effective measures wherever and as often as necessary to prevent its operation from producing dust in amounts damaging to property, cultivated vegetation, or domestic animals, or causing a nuisance to persons living in or �. occupying buildings in the vicinity. The Contractor shall be responsible for any damage resulting from any dust originating from its operations. The dust abatement measures shall be continued until the Contractor is relieved of further responsibility by the Owner. No separate payment will be allowed for dust abatement measures and all costs thereof shall be included in the Contractor's bid price. 1.03 RUBBISH CONTROL A. During the progress of the Work, the Contractor shall keep the site of the Work and other areas used in a neat and clean condition, and free from any accumulation of rubbish. The Contractor shall dispose of all rubbish and waste materials of any nature occurring at the Work site, and shall establish regular intervals of collection and disposal of such materials and waste. The Contractor shall also keep its haul roads free from dirt, rubbish, and unnecessary obstructions resulting from its operations. Disposal of all rubbish and surplus materials shall be off the site of construction in accordance with local codes and ordinances governing locations and methods of disposal, and in conformance with all applicable safety laws, and to the particular requirements of Part 1926 of the OSHA Safety and Health Standards for Construction. 1.04 SANITARY AND OTHER ORGANIC WASTE A. The Contractor shall establish a regular daily collection of all sanitary and organic wastes. All wastes and refuse from sanitary facilities provided by the Contractor or organic material wastes from any other source related to the Contractor's operations shall be disposed of away from the site in a manner satisfactory to the FM Owner and in accordance with all laws and regulations pertaining thereto. W2406 01560-1 r n 1.05 CHEMICALS n A. All chemicals used during project construction or furnished for project operation, whether defoliant, soil sterilant, herbicide, pesticide, disinfectant, polymer, paint, fuel, solvent or reactant of other classification, shall show approval of either the U.S. Environmental Protection Agency or the U.S. Department of Agriculture. The handling, storage, use and disposal of all such chemicals and disposal of residues shall be in strict accordance with all applicable rules and regulations of Federal, State and local jurisdictional agencies and the printed instructions of the manufacturer and all regulatory requirements. Copies of antidote literature shall be kept at the storage site and at the Contractor's job site office. A supply of antidotes shall be kept at the Contractor's office. 1.06 NOISE CONTROL A. Noise resulting from the Contractor's work shall not exceed the noise levels and other requirements stated in local ordinances. The Contractor shall be responsible for curtailing noise resulting from his operation. He shall, upon written notification from the Owner or the noise control officers, make any repairs, replacements, adjustments, additions and furnish mufflers when necessary to fulfill requirements. 1.07 EROSION ABATEMENT AND WATER POLLUTION A. It is imperative that any Contractor dewatering operation should not contaminate or disturb the environment or the properties adjacent to the work. The Contractor shall, therefore, schedule and control his operations to confine all runoff water from disturbed surfaces, water from dewatering operations that becomes contaminated with lime silt, muck and other deleterious matter, fuels, oils, bitumens, calcium chloride, chemicals and other polluting materials. B. The Contractor shall construct temporary stilling basin(s) of adequate size and provide all necessary temporary materials, operations and controls including, but not limited to, filters, coagulants, screens, and other means necessary to attain the required discharge water quality. C. The Contractor shall be responsible for providing, operating and maintaining materials and equipment used for conveying the clear water to the point of discharge. All pollution prevention procedures, materials, equipment and related items shall be operated and maintained until such time as the dewatering operation is discontinued. Upon the removal of the materials, equipment and related items, the Contractor shall restore the area to the condition prior to its commencing work. 1.08 PRECAUTIONS DURING ADVERSE WEATHER A. During adverse weather, and against the possibility thereof, the Contractor shall take all necessary precautions so that the work may be properly done and W2406 01560-2 r satisfactory in all respects. When required, protection shall be provided by use of tarpaulins, wood and building paper shelters, or other acceptable means. The Contractor shall be responsible for all changes caused by adverse weather. ^� B. The Owner may suspend construction operations at any time when, in his judgment, the conditions are unsuitable or the proper precautions are not being taken, whatever the weather conditions may be, in any season. 1.10 PERIODIC CLEANUP AND BASIC SITE RESTORATION �» A. During construction, the Contractor shall regularly remove from the site all accumulated debris and surplus materials of any kind which results from its operations. Unused equipment and tools shall be stored at the Contractor's yard or base of operations for the project. B. The Contractor shall perform the cleanup work on a regular basis and as frequently as ordered by the Owner. Basic site restoration in a particular area shall be accomplished immediately following the installation or completion of the required facilities in that area. Furthermore, such work shall also be accomplished, when ordered by the Owner, if partially completed facilities must remain incomplete for some time period due to unforeseen circumstances. C. Upon failure of the Contractor to perform periodic clean-up and basic restoration of the site to the Owner's satisfaction, the Owner may, upon 5 days' prior written notice to the Contractor, employ such labor and equipment as it deems necessary for the purpose, and all costs resulting therefrom shall be charged to the Contractor and deducted from amounts of money that it may be due. a, PART 2— PRODUCTS (Not Used) PART 3 — EXECUTION (Not Used) - END OF SECTION — rM an W2406 01560-3 .. r" r I I + I I . THIS PAGE IS INTENTIONALLY LEFT BLANK i � i r i '. f � r W2406 01560-4 1 � SECTION 01600 MATERIAL AND EQUIPMENT A. TRANSPORTATION AND HANDLING Deliver manufactured materials and products to the project site as needed for installation, undamaged, in original packages, containers, or bundles, as packaged by the manufacturer with manufacturer's name, brand, seals, and labels intact. Materials other than those designated within the Specifications shall not be delivered to the project site. B. STORAGE AND PROTECTION m 1. Protect and preserve all materials until final acceptance of the Project. Store all materials in a manner to facilitate inspection and to prevent damage, contamination, intermixing, or theft. 2. Miscellaneous metal, reinforcement bars, welded wire fabric, and ,., masonry reinforcement materials shall be stored to prevent contact with the ground and from being damaged by its own weight or by other loads. Reinforcement which has become muddy shall be .� cleaned before use. 3. Store cementitious materials in weathertight sheds on elevated floors away from damp surfaces. Prevent freezing. 4. Do not use and dispose of materials that have been stored for longer than their maximum recommended shelf life or beyond their recommend shelf date. 5. Store and protect all material and equipment in accordance with manufacturer's recommendations. C. PROTECTION OF EQUIPMENT 1. During construction, protect all equipment from moisture absorption met and metallic component corrosion by appropriate use of strip heaters, lamps, coverings, or other suitable means. Apply protection immediately on receiving the products and maintain continually. 2. Keep products clean by elevating above ground or floor and by using suitable coverings. Take such precautions as are necessary to protect apparatus and materials from damage. Failure to protect materials is sufficient cause for rejection of the apparatus or material in question. W2406 01600-1 3. Protect factory finish from damage during construction operations and until acceptance of the project. Satisfactorily restore any finishes that become stained or damaged. D. EQUIPMENT SELECTION AND SERVICEABILITY 1. Locate and install all equipment so that it may be serviced. Demonstrate that there is room to remove all fan shafts, bearings, filters, pumps and motors, and similar equipment. 2. Equipment which is too large or poorly located to permit servicing shall be replaced or repositioned at no additional cost to the Owner. 3. Where piping, control diagrams or sequencing differ from the recommended piping arrangements of the equipment manufacturer, and will directly affect the equipment performance, the manufacturer's recommendations shall be submitted in writing to the Engineer for review prior to purchasing the equipment involved. Obtain such recommendations from the manufacturers in order to effect correct and perfect operation of the equipment at the capacities and temperatures indicated. - END OF SECTION - PER W2406 01600-2 r, SECTION 01700 PROJECT CLOSEOUT PART 1 —GENERAL 1.01 FINAL CLEANUP A. This section refers specifically to the completion and closeout of individual work orders. B. The Contractor shall promptly remove from the vicinity of the completed Work, all rubbish, unused materials, concrete forms, construction equipment, temporary a• structures and facilities, construction signs, tools, scaffolding, materials, supplies and equipment which may have been used in the performance of the work. The Contractor shall broom clean paved surfaces and rake clean other surfaces of grounds. Final acceptance of the Work by the Owner will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final cleanup of the project site. C. The Contractor shall thoroughly clean all materials, equipment and structures; all marred surfaces shall be touched up to match adjacent surfaces. D. The Contractor shall remove spatter, grease, stains, fingerprints, dirt, dust, labels, tags, packing materials and other foreign items or substances from interior and exterior surfaces, equipment, signs and lettering. E. The Contractor shall remove paint, clean and restore all equipment and material nameplates, labels and other identification markings. F. The Contractor shall maintain cleaning until project, or portion thereof, is accepted by the Owner. G. The Contractor shall: 1. Use only cleaning materials recommended by manufacturer of surface to be cleaned. rAq 2. Use each type of cleaning material on only those surfaces recommended by the cleaning material manufacturer. 3. Use only materials which will not create hazards to health or property. W2406 01700-1 1.02 CLOSEOUT TIMETABLE A. The Contractor shall establish dates for testing, acceptance periods, and on-site instructional periods (as required under the Contract). Such dates shall be established not less than one week prior to beginning any of the foregoing items, to allow the Owner and their authorized representatives sufficient time to schedule attendance at such activities. 1.03 FINAL SUBMITTALS A. Before the final acceptance of the project, the Contractor shall submit to the Owner ^ (or to the Owner if indicated) certain records, certifications, etc., which are specified elsewhere in the Contract Documents. Missing, incomplete or unacceptable items, as determined by the Owner, shall constitute grounds for withholding final payment to the Contractor. A partial list of such items appears below, but is shall be the Contractor's responsibility to submit any other items which are required in the Contract Documents: 1. Written Test results of project components. 2. Written guarantees, where required. 3. Certificates of inspection and acceptance by local governing agencies having jurisdiction. 4. Video recordings and logs of all lines televised. �• 5. Pre-construction and post construction pictures and videos. 6. Releases from all parties who are entitled to claims against the subject project, property, or improvement pursuant to the provisions of law. 1.04 PUNCH LISTS A. Final cleaning shall be scheduled upon completion of the project. .. B. The Owner will make his final inspection whenever the Contractor has notified the Owner that the work is ready for the inspection. Any work not found acceptable and requiring cleaning, repair and/or replacement will be noted on the "Punch" list. Work that has been inspected and accepted by the Owner shall be maintained by the Contractor, until final acceptance of the entire project. C. Whenever the Contractor has completed the items on the punch list, he shall again notify the Owner that it is ready for final inspection. This procedure will continue until the entire project is accepted by the Owner. The "Final Payment' will not be W2406 01700-2 processed until the entire project has been accepted by the Owner and all of the requirements in previous Article 1.03 "Final Submittals" have been satisfied. 1.07 TOUCH-UP AND REPAIR A. The Contractor shall touch-up and repair damage to all existing facilities and surfaces. If in the opinion of the Owner the touch-up work is not satisfactory, the Contractor shall repeat the item. 1.08 MAINTENANCE AND GUARANTEE A. The Contractor shall comply with all maintenance and guarantee requirements of the Contract Documents. B. Replacement of earth fill or backfill, where it has settled below the required finish elevations, shall be considered as a part of such required repair work, and any •• repair or resurfacing constructed by the Contractor which becomes necessary by reason of such settlement shall likewise be considered as a part of such required repair work unless the Contractor shall have obtained a statement in writing from the affected private Owner or public agency releasing the Owner from further responsibility in connection with such repair or resurfacing. PART 2 — PRODUCTS (Not Used) PART 3 — EXECUTION (Not Used) - END OF SECTION — W 2406 01700-3 A, n low 1 ! ! PAGE INTENTIONALLY LEFT BLANK i ' n r I � I� f � I IP�1 W2406 ? ` 01700-4 n F10RtDp APPENDICES i ram, i ; r4 I i ' APPENDIX A r i SITE LOCATION MAP i ' is r r i � I w _. a. ," Q rj3 2< �' v J I i al s - i _t J a, r 0 _ ' I I � l `I 'e I r a alEt ' ra APPENDIX B DOW MEMBRANE CLEANING INFORMATION This information is provided for 6. Cleaning and Sanitization APPENDIX B Bidder's Reference. 6.1 Introduction The surface of a reverse osmosis(RO)membrane is subject to fouling by foreign materials that may be present in the feed water,such as hydrates of metal oxides,calcium precipitates,organics and biological matter. The term"fouling"includes the build-up of all kinds of layers on the membrane surface,including scaling, Pretreatment of the feed water prior to the RO process is basically designed to reduce contamination of the membrane surfaces as much as possible. This is accomplished by installing an adequate pretreatment system and selecting optimum — operating conditions,such as permeate flowrate,pressure and permeate water recovery ratio. Occasionally,fouling of the membrane surfaces is caused by: _ • Inadequate pretreatment system • Pretreatment upset conditions • Improper materials selection(pumps,piping,etc.) Failure of chemical dosing systems • Inadequate flushing following shutdown • Improper operational control • Slow build-up of precipitates over extended periods(barium,silica) • Change in feed water composition • Biological contamination of feed water The fouling of membrane surfaces manifests itself in performance decline; lower permeate flowrate and/or higher solute passage. Increased pressure drop between the feed and concentrate side can be a side effect of fouling. Cleaning can be accomplished very effectively because of the combination of pH stability and temperature resistance of the membrane and the element components. However, if cleaning is delayed too long, it could be difficult to remove the foulants completely from the membrane surface, Cleaning will be more effective the better it is tailored to the specific fouling problem. Sometimes a wrong choice of cleaning chemicals can make a situation worse. Therefore,the type of foulants on the membrane surface should be determined prior to cleaning, There are different ways to accomplish this: Analyze plant performance data. Details are given in Section 8.2,Evaluation of System Performance and Operation. • Analyze feed water, A potential fouling problem may already be visible there. • Check results of previous cleanings. • Analyze foulants collected with a membrane filter pad used for SDI value determination(see Section 2.5.1). Analyze the deposits on the cartridge filter. • Inspect the inner surface of the feed line tubing and the feed end scroll of the FILMTECT"' element. If it is reddish- brown,fouling by iron materials may be present. Biological fouling or organic material is often slimy or gelatinous, 6.2 Safety Precautions 1, When using any chemical indicated here or in subsequent sections,follow accepted safety practices. Consult the chemical manufacturer for detailed information about safety, handling and disposal. 2. When preparing cleaning solutions,ensure that all chemicals are dissolved and well mixed before circulating the solutions through the elements. 3. It is recommended the elements be flushed with good-quality chlorine-free water(20°C minimum temperature)after cleaning. Permeate water or deionized water is recommended. Care should be taken to operate initially at reduced flow and pressure to flush the bulk of the cleaning solution from the elements before resuming normal operating pressures and flows, Despite this precaution,cleaning chemicals will be present on the permeate side following cleaning. Therefore,the permeate must be diverted to drain for at least 30 minutes or until the water is clear when starting up after cleaning. Page 121 of 181 "'u Trademark of The Dow Chemical Company("Dow")or an affiliated company of Dow Form No.609.00071.0416 4. During recirculation of cleaning solutions,there are temperature and pH limits. Please refer to Table 6.1. 5. For elements greater than 6 inches in diameter,the flow direction during cleaning must be the same as during normal operation to prevent element telescoping because the vessel thrust ring is installed only on the reject end of the vessel. This is also recommended for smaller elements. Equipment for cleaning is illustrated below. Table 6.1 pH range and temperature limits during cleaning Max Temp 50°C(122°F) Max Temp 45°C(1137) Max Temp 35°C(95°F) Max Temp 25°C(777) Element type pH range pH range pH range pH range BW30,BW30LE,LE,XLE, Please contact Dow for 1—10.5 1-12 1-13 TW30,TW30HP,NF90 assistance SW30HR,SW30HR LE, Please contact Dow for 1-10.5 1-12 1-13 SW30XLE,SW30 assistance NF200,NF270 Not allowed 3—10 1—11 1-12 6.3 Cleaning Requirements In normal operation,the membrane in reverse osmosis elements can become fouled by mineral scale,biological matter, colloidal particles and insoluble organic constituents.Deposits build up on the membrane surfaces during operation until they cause loss in normalized permeate flow,loss of normalized salt rejection,or both. Elements should be cleaned when one or more of the below mentioned parameters are applicable: • The normalized permeate flow drops 10% • The normalized salt passage increases 5—10% • The normalized pressure drop(feed pressure minus concentrate pressure)increases 10—15% _ If you wait too long,cleaning may not restore the membrane element performance successfully. In addition,the time between cleanings becomes shorter as the membrane elements will foul or scale more rapidly. Differential Pressure(AP)should be measured and recorded across each stage of the array of pressure vessels.If the feed channels within the element become plugged,the OP will increase.It should be noted that the permeate flux will drop if feedwater temperature decreases.This is normal and does not indicate membrane fouling. A malfunction in the pretreatment,pressure control,or increase in recovery can result in reduced product water output or an increase in salt passage. If a problem is observed,these causes should be considered first.The element(s)may not require -- cleaning.A computer program called FTNORM is available from FilmTec for normalizing performance data of FILMTEC'm RO membranes.This program can be used to assist in determining when to clean and can be downloaded from our web site (www.filmtec.com). �• 6.4 Cleaning Equipment The equipment for cleaning is shown in the cleaning system flow diagram(Figure 6.1). The pH of cleaning solutions used with FILMTECIII elements can be in the range of 1 —13(see Table 6.1), and therefore, non-corroding materials of construction should be used in the cleaning system. Page 122 of 181 Trademark of The Dow Chemical Company("Dow")or an affiliated company of Dow Form No.609-00071-0416 Figure 6.1 Cleaning system flow diagram Pert ease To:Mora Tan 1, [Tbrmal�rereIcon) Pelt eem Tb Clem kiq Tent, Pean In g Operalcn) �A Con ckn tale Penneale Tb Ora in RrarnSb rap Tan P. Catoerltale (Normalcperalon) To Clean n q Tan A (cleanng0peralon) Tan K '15 DP Differential Pressure Gauge TANK Chemical Mixing Tank,polypropylene or FRP FI Flow Indicator IH Immersion Heater(may be replaced by cooling FT Flow Transmitter(optional) coil for some site Iocalions) PI Pressure Indicator TI Temperature Indicator V1 Pump Recirculat on Valve,CPVC TC Temperature Control V2 Flow Control Valve.CPVC LLS Lower Leiel Switch to shut off pump V3 Concentrate Valve,CPVC 3-way valve SS Security Screen-100 mesh V4 Permeate Valve,CPVC 3-way valve PUMP Low-Pressure Pump,316 SS or V5 Permeate Inlet Valve,CPVC non-metallic composite V6 Tank Drain Valve,PVC.or CPVC CIF Carindge Filter.5-10 micron polypropylene with V7 Purge Valve,SS.PVC.or CPVC .. PVC.FRP.or SS housing 1. The mixing tank should be constructed of polypropylene or fiberglass-reinforced plastic(FRP). The tank should be provided with a removable cover and a temperature gauge. The cleaning procedure is more effective when performed at a warm temperature, and it is recommended that the solution be maintained according to the pH and temperature guidelines listed in Table 6.1. It is not recommended to use a cleaning temperature below 20°C because of the very slow chemical kinetics at low temperatures. In addition,chemicals such as sodium lauryl sulfate might precipitate at low temperatures. Cooling may also be required in certain geographic regions,so both heating/cooling requirements must be considered during the design. A rough rule of thumb in sizing a cleaning tank is to use approximately the empty pressure vessels volume and then add the volume of the feed and return hoses or pipes. For example,to clean ten 8- inch-diameter pressure vessels with six elements per vessel, the following calculations would apply: A.Volume in Vessels Vvesser=nr21;where r=radius,l=length 3.14(4 in.)'(20 ft)(7.48 gal/ft3) Vvessel = 144 in.2/ft2 Vm'essel=52 gal/vessel V10vessels=52 x 10=520 gal(1.97 m3) B.Volume in Pipes,assume 50 ft length total;4-in. SCH 80 pipe Vp,,e =1tr2l;where r=radius;I=length _ 3.14(1.91 in.)2(50 ft)(7.48 gal/ft3) Vp1pe 144 in.'/ft'` Vpipe =30 gal(0.11 m3) V10 vessels•pipe =520+30=550 gal(2.1 m3) Therefore,the cleaning tank should be about 550 gal(2.1 m3). Page 123 of 181 Trademark of The Dow Chemical Company("Dow")or an affiliated company of Dow Form No.609-00071-0416 r 2. The cleaning pump should be sized for the flows and pressures given in Table 6.2,making allowances for pressure loss in the piping and across the cartridge filter. The pump should be constructed of 316 SS or nonmetallic composite polyesters. Table 6.2 Recommended feed flowrate per pressure vessel during high flowrate recycle Feed pressure' Element diameter Feed flowrate per pressure vessel psig bar inches gpm m31h 20-60 1.5-4.0 2.5 3-5 0.7-1.2 20-60 1.5-4.0 42 8-10 1.8-2.3 20-60 1.5-4.0 6 16-20 3.6-4.5 20-60 1.5-4.0 8 30-45 6.0-10.2 20-60 1.5-4.0 83 35-45 8.0-10.2 1. Dependent on Mmber of elements in pressure vessel. 2. 4-inch fullfit elements should be cleaned at 12-14 gpm(2.7-3.2 m3/hr). 3. For fullfit and 440 fiI area elements. 3. Appropriate valves,flow meters and pressure gauges should be installed to adequately control the flow. Service lines may be either hard-piped or hoses. In either case,the flowrate should be a moderate 10 fUs(3 m/s)or less. 6.5 Cleaning Steps There are six steps in the cleaning of elements: r+ 1. Make up cleaning solution. 2. Low-flow pumping. Pump mixed, preheated cleaning solution to the vessel at conditions of low flowrate(about half of that shown in Table 6.2)and low pressure to displace the process water. Use only enough pressure to compensate for the pressure drop from feed to concentrate.The pressure should be low enough that essentially no or little permeate is produced.A low pressure minimizes redeposition of dirt on the membrane. Dump the concentrate,as necessary,to prevent dilution of the cleaning solution. 3. Recycle.After the process water is displaced,cleaning solution will be present in the concentrate stream.Then recycle the concentrate and permeate to the cleaning solution tank and allow the temperature to stabilize. Measure the pH of the solution and adjust the pH if needed. 4. Soak.Turn the pump off and allow the elements to soak. Sometimes a soak period of about 1 hour is sufficient.For difficult fouling an extended soak period is beneficial;soak the elements overnight for 10—15 hours.To maintain a high temperature during an extended soak period,use a slow recirculation rate(about 10%of that shown in Table 6.2). r� 5. High-flow pumping. Feed the cleaning solution at the rates shown in Table 6.2 for 30—60 minutes.The high flowrate flushes out the foulants removed from the membrane surface by the cleaning. If the elements are heavily fouled, a flowrate which is 50%higher than shown in Table 6.2 may aid cleaning.At higher flowrates,excessive pressure drop may be a problem.The maximum recommended pressure drops are 15 psi per element or 50 psi per multi-element vessel,whichever value is more limiting. Please note that the 15 psi per element or the 50 psi per multi-element vessel should NOT be used as a cleaning criteria. Cleaning is recommended when the pressure drop increases 15%. Pressure drop above 50 psi in a single stage may cause significant membrane damage. 6. Flush out. RO permeate or deionized water is recommended for flushing out the cleaning solution. Pre-filtered raw water or feed water should be avoided as its components may react with the cleaning solution: precipitation of foulants may ^ occur in the membrane elements. The minimum flush out temperature is 20°C. Page 124 of 181 "'•Trademark of The Dow Chemical Company('Dow')or an affiliated company of Dow Form No.609-00071-0416 am 6.6 Cleaning Tips 1. It is strongly recommended to clean the stages of the RO or NF system separately.This is to avoid having the removed foulant from stage 1 pushed into the 2nd stage resulting in minimal performance improvement from the cleaning. If the system consists of 3 stages,stage 2 and stage 3 should also be cleaned separately. For multi-stage systems,while each stage should be cleaned separately,the flushing and soaking operations may be done simultaneously in all stages.Fresh cleaning solution needs to be prepared when the cleaning solution becomes turbid and/or discolored.High-flow recirculation,however,should be carried out separately for each stage,so the flowrate is not too low in the first stage or too high in the last.This can be accomplished either by using one cleaning pump and operating one stage at a time,or by using a separate cleaning pump for each stage. 2. The fouling or scaling of elements typically consists of a combination of foulants and scalants,for instance a mixture of organic fouling,colloidal fouling and biofouling.Therefore, it is very critical that the first cleaning step is wisely chosen. FilmTec strongly recommends alkaline cleaning as the first cleaning step.Acid cleaning should only be applied as the first cleaning step if it is known that only calcium carbonate or iron oxide/hydroxide is present on the membrane elements. Acid cleaners typically react with silica,organics(for instance humic acids)and biofilm present on the membrane surface which may cause a further decline of the membrane performance. Sometimes,an alkaline cleaning may restore this decline that was caused by the acid cleaner, but often an extreme cleaning will be necessary.An extreme cleaning is carried out at pH and temperature conditions that are outside the membrane manufacturer's guidelines or by using cleaning chemicals that are not compatible with the membrane elements.An extreme cleaning should only be carried out as a last resort as it can result in membrane damage. If the RO system suffers from colloidal,organic fouling or biofouling in combination with calcium carbonate, then a two- step cleaning program will be needed:alkaline cleaning followed by an acid cleaning.The acid cleaning may be performed when the alkaline cleaning has effectively removed the organic fouling,Colloidal fouling and biofouling. 3. Always measure the pH during cleaning. If the pH increases more than 0.5 pH units during acid cleaning,more acid needs to be added. If the pH decreases more than 0.5 pH units during alkaline cleaning,more caustic needs to be added. 4. Long soak times. It is possible for the solution to be fully saturated and the foulants can precipitate back onto the membrane surface. In addition,the temperature will drop during this period,therefore the soaking becomes less effective. It is recommended to circulate the solution regularly in order to maintain the temperature(temperature should not drop more than 5°C)and add chemicals if the pH needs to be adjusted. 5. Turbid or strong colored cleaning solutions should be replaced.The cleaning is repeated with a fresh cleaning solution. 6. If the system has to be shut down for more than 24 hours,the elements should be stored in 1%w/w sodium metabisulffte solution. A. Page 125 of 181 ne Trademark of The Dow Chemical Company('Dow')or an afif:iated company of Dow Form No.609-00071-0416 6.7 Effect of pH on Fou/ant Removal ,. In addition to applying the correct cleaning sequence(alkaline cleaning step first),selecting the correct pH is very critical for optimum foulant removal, If foulant is not successfully removed, the membrane system performance will decline faster as it is easier for the foulant to deposit on the membrane surface area. The time between cleanings will become shorter, resulting in shorter membrane element life and higher operating and maintenance costs. Most effective cleaning allows longer system operating time between cleanings and results in the lowest operating costs, Figure 6.2 and 6.3 below show the importance of the selecting the right pH for successful cleaning. Figure 6.2 Effect of pH on the removal of calcium carbonate 2.8 2 ` A P 1 � 0.8 e: 0 2%citric HCI pgpH HCIQpH 2, HClGpH 1, HCIGpH1, cold(OpH 4, 2.6,35C 36C 25C 35C ,W 40C Recommended Cleaning Conditions Less Effective Moro Effective Calcium carbonate is best removed by cleaning with hydrochloric acid at pH 1 -2, Figure 6.3 Effect of pH on the removal of biofouling is-, �111, 39 18 0 = 14 m m 1W 12 o. 10 0) 132%STPP+0,8% 8 NaEDTA U__ „ 8 d 4- 2 0 pH 10 pH 11 pH 12 Less Effective More Effective Biofouling is best removed by cleaning at pH 12. *" Page 126 of 181 Trademark of The Dow Chemical Company('Dow")or an affiliated company of Dow Form No.609.00071-0416 6.8 Cleaning Chemicals P. Table 6.3 lists suitable cleaning chemicals. Acid cleaners and alkaline cleaners are the standard cleaning chemicals. Acid cleaners and alkaline cleaners are the standard cleaning chemicals.The acid cleaners are used to remove inorganic precipitates including iron,while the alkaline cleaners are used to remove organic fouling including biological matter.Sulfuric acid should not be used for cleaning because of the risk of calcium sulfate precipitation. Reverse osmosis permeate or deionized water should be used for the preparation of cleaning solutions. T Table 6.3 Simple cleaning solutions Cleaner 0.1%(W)NaOH 0.1%(W)NaOH 0.2%(W) 1.0%(W) 0.5%(W) 1.0%(W) �.. and 1.0%(W) and 0.025%(W) HCl,250C and Na2S204,25°C H3PO4,25°C NH2SO3H,25'C Na4EDTA,pH Na-DSS,pH 12, pH 1-2 and pH 5 and and pH 3-4 12,35°C max. 35°C max. pH 1-2 '+ Foulant Inorganic Salts(for example,CaCO3) Preferred AttemaWe Alternative Sulfate Scales(CaSO4,BaSO4) OK Metal Oxides(for example,iron) Preferred Alternative Alternative Inorganic Colloids(silt) Preferred Silica Alternative Preferred Biofilms Alternative Preferred Organic Alternative Preferred The temperatures and pH listed in Table 6.3 are applicable for BW3O,BW3OLE,LE,XLE,TW30,TW30HP,SW30HR, SW30HR LE,SW30XLE,SW30 and NF90 membrane elements.For more information regarding the allowed temperatures and pH for cleaning,please refer to Table 6.1. Notes: 1. (W)denotes weight percent of active ingredient. 2. Foulant chemical symbols in order used:CaCO3 is calcium carbonate;CaSO4 is calcium sulfate;BaSO4 is barium sulfate. 3. Cleaning chemical symbols in order used:NaCH is sodium hydroxide;Na4EDTA is the tetra-sodium salt of ethylene diamine tetraacebc acid and is available from The Dow Chemical Company under the trademark VERSENETM 100 and VERSENE 220 crystals,Na-DSS is sodium salt of dodecylsuffate;Sodium Laurel Sulfate;HCI is hydrochloric acid(Muratic Acid);H3PD4 is phosphoric add;NH2SO3H is sulfamic add;Na2S204 is sodium hydrosulfite. 4M 4. For effective sulfate scale cleaning,the condition must be caught and treated early.Adding NaCl to the cleaning solution of NaCH and Na4EDTA may help as sulfate solubility increases with increasing salinity.Successful cleaning of sulfate scales order than 1 week is doubtful. 5. Citric Add is another cleaning altemative for metal oxides and calcium carbonate scale. It is less effective. It may contribute to biofouling especially when tt is not property rinsed out P4 ,,,4 6.9 Cleaning Procedure for Specific Situations 6.9.1 General Considerations Each cleaning situation is different;therefore,specific cleaning recommendations are dependent on the type of foulant. Consult the general cleaning instructions for information that is common to all types of cleaning such as suggested equipment, pH and temperature limits and recommended flowrates;then apply the specific recommendation as needed. P� 6.9.2 Sulfate Scale p- The following cleaning procedure is designed specifically for a system that has had sulfate scale precipitated in the elements. Sulfate scales are very difficult to clean,and if their presence is not detected early,the likelihood of cleaning success is very low. More than likely,a flow loss will occur that cannot be recovered. To regain performance of the membrane system, it may take several cleaning and soak cycles. Cleaning Procedure There are seven steps in cleaning elements with sulfate scale. P� Page 127 of 181 ^'®Trademark of The Dow Chemical Company('Dow')or an affiliated company of Dow Form No.609-00071.0416 Oft 1. Make up the cleaning solution listed from Table 6.4. .. 2. Introduction of the cleaning solution. 3. Recycle the cleaning solution for 30 minutes. 4. Soak the elements in the cleaning solution for 1 -15 hours. 5. High-flow pumping. 6. Flush out. 7. Restart. Table 6.4 Sulfate scale cleaning solutions 77 Cleaning solutions Solution Preferred 0.1 wt%NaOH ,.. 1.0 wt%Na4EDTA pH 12,30°C maximum Cleaning chemical formula in order used:NaOH is sodium hydroxide;Na4EDTA is the tetrasodium salt of ethylene diamine tetraacetic add and is available from The Dow Chemical Company under �.. the trademark VERSENEI'100 and VERSENE 220 crystals. For effective sulfate scale cleaning,the condition must be caught and treated early.Adding 1%NaCl to the cleaning solution of NaOH and Na4EDTA may help because sulfate solubility increases with increasing salinity. r 6.9.3 Carbonate Scale The following cleaning procedure is designed specifically for a system that has had carbonate scale precipitated in the elements. In severe calcium carbonate scaling,the cleaning solution may have to be heated to above 35°C. Typical calcium carbonate cleaning is conducted at 20—25°C. The cleaning procedure is considered complete when the pH of the cleaning solution does not change during recycle and/or high flow pumping. It may be possible to recover severely scaled elements by acid cleaning. Calcium carbonate scales dissolve easily in acids !� by releasing carbon dioxide. This can be observed as a foaming/bubbling reaction. Cleaning Procedure There are seven steps in cleaning elements with carbonate scale: 1. Make up the cleaning solution listed from Table 6.5. 2. Introduction of the cleaning solution. 3. Recycle. Recycle the cleaning solution for 10 minutes or until there is no visible color change. If at any time during the circulation process there is a color change,dispose of the solution and prepare a new solution as described in step 2. Maintain the pH for effective cleaning. Add additional cleaning chemical as needed to maintain pH. 4. Soak. For lightly scaled systems, a soak time of 1 —2 hours is sufficient. Severely scaled systems can also be recovered with extended soak times. Severely scaled elements should be soaked individually outside of the pressure vessel in a vertical position. Check pH and adjust as required,or replace cleaning solution. 5. High-flow pumping. ..� 6. Flush out. 7. Restart. Table 6.5 Carbonate scale cleaning solutions Cleaning solutions Solution Preferred 0.2 vet%HCI(pH 1—2,35°C) Alternative 2.0 wt%citric acid �+ Alternative 0.5%H3PO4 Optional 1.0%Na2S204 Cleaning chemical formula in order used:HCI is hydmchlcrc add(muriatic add):H,PO4 is phosphoric add,Na2S204 is sodium hydrosulfite. 1^ r� 6.9.4 Iron Fouling Page 128 of 181 mQ Trademark of The Dow Chemical Company('Dow')or an affiliated company of Dow Form No.609-00071-0416 The following cleaning procedure is designed specifically for a system that is fouled with iron. Cleaning Procedure There are seven steps in cleaning elements with iron fouling. •� 1. Make up the cleaning solution listed from Table 6.6. 2. Introduction of the cleaning solution. 3. Recycle. 4. Soak. Soak times are essential for sodium hydrosulfite to be effective. Soak time will vary depending on the severity of the fouling. A typical soak time is 2—4 hours. 5. High-flow pumping. 6. Flush out. 7. Restart. Table 6.6 Iron fouling cleaning solutions Cleaning solutions solution Preferred 1.0 wt%Na2S204(pH 5,30°C) Alternative 2.0 wt%citric acid Alternative 0.5%H3PO4 Alternative 1.0%NH2SO3H Cleaning chemical formula in order used:Na2S204 is sodium hydrosuifite;H3PO4 is phosphoric acid;NH2SO3H is suffamic acid. a.r Additional Information The sodium hydrosulfite has a very pungent odor,so the room must be well ventilated. Follow all safety regulations and procedures. Contact time is key to successful cleaning. The solution will sometimes change many different colors. Black, brown, yellow are all very normal for this type of cleaning. Anytime the solution changes color, it should be disposed of and .v a new solution prepared. The length of time and the number of soaking periods will depend on the severity of the fouling. 6.9.5 Organic Fouling The following cleaning procedure is designed specifically for a system that has been fouled with organic species such as humic and fulvic acids,antiscalants,or oils. Cleaning Procedure There are eight steps in cleaning elements fouled with organics,but the six steps are conducted first with a high pH cleaning solution and then repeated with a low pH cleaning solution: 1. Make up the desired high pH cleaning solution selected Table 6.7. 2. Introduction of the cleaning solution. 3. Recycle the cleaning solution for 30 minutes. If a color change occurs,dispose of the cleaning solution and prepare a 4W fresh solution. 4. Soak. 5. High-flow pumping. �. 6. Flush out, 7. Repeat steps 2 through 6 with cleaning solution of HCI at pH 2. 8. Restart. aw Additional Information For maximum effectiveness,the temperature of the cleaning solutions must be above 25°C. Elevating the temperature of the cleaning solution will assist in organic removal from the membrane surface. Some organics such as oils are very difficult to remove. To remove them,experiment with different soak times for optimum effectiveness. In addition,the most effective cleaning solution usually contains a surfactant such as Na-DDS or perhaps some commercially available membrane cleaners containing surfactants or detergents that can help remove the oils. Consult your chemical supplier for their recommendation. If the organic fouling is the result of overfeeding of a coagulant used for feed water pretreatment, reversing the order of the cleaners can be more effective. To determine the proper order of the cleaning solutions(high pH followed by low pH or vice Page 129 of 181 "IQ Trademark of The Dow Chemical Company('Dow')or an affiliated company of Dow Form No.609-00071.0416 r versa),try to gather a sample of the organic foulant from your system. With the sample,try treating it with caustic and then r acid and vice versa to determine qualitatively which order of cleaning solution treatment dissolves the foulant better. If both treatments appear to work equally,it is usually better to clean with the high pH solution first. Table 6.7 Organic fouling cleaning solutions Cleaning solutions Solution Preferred 0.1 wt%NaOH pH 12,30°C maximum,followed by: PM 0.2%HCI pH 2,450C maximum Preferred 0.1 wt%NaOH 0.025 wt%Na-DDS pH 12,30'C maximum,followed by: 0.2%HCI pH 2,45°C maximum Alternate 0.1 wt%NaOH 1.0 wt%Na4EDTA pH 12,30°C maximum,followed by: 0.2%HCl r* pH 2,45T maximum f Cleaning chemical formula in order used:NaOH is sodium hydroxide;HCl is hydrochloric add (muriatic add);Na-DDS is sodium salt of dodecylsulfate;sodium laurel sulfate;Na4EDTA is the tetrasodium salt of ethylene diamine tetraacelic add and is available from The Dow Chemical �r Company under the trademark VERSENE'u 100 and VERSENE 220 aystals. t^ 6.9.6 Biofouling The following cleaning procedure is designed specifically for a system that has been fouled with biological matter. Cleaning Procedure There are seven steps in cleaning elements with biofouling: *� 1. Make up the cleaning solution listed from Table 6.8. 2. Introduction of the cleaning solution. 3. Recycle, 4. Soak. T 5. High-flow pumping. 6. Flush out. 7. Restart. Table 6.8 Biofouling cleaning solutions Cleaning solutions Solution r... Preferred 0.1 wt%NaOH pH 13,35°C maximum Preferred 0.1 wt%NaOH 0.025 wt%Na-DDS pH 13,35°C maximum Altemate 0.1 wt%NaOH 1.0 wt%Na4EDTA pH 13,35°C maximum Cleaning chemical formula in order used:NaOH is sodium hydroxide;Na-DDS is sodium salt of dodecylsulfate(sodium lauryl sulfate);Na4EDTA is the tetrasodium salt of ethylene diamine tetraacetic add and is available from The Dow Chemical Company under the trademark A,r VERSENE° 100 and VERSENE 220 crystals. Additional Information Page 130 of 181 p 11 Trademark of The Dow Chemical Company('Dow')or an affiliated company of Dow Form No.609-00071-0416 By experience,the cleaning solution of Na4EDTA with caustic has been found to be slightly less effective than a standard caustic solution or a solution of caustic and Na-DDS. For any solution,contact time is critical. Several overnight soaks may be necessary to restore the system performance. After the elements are clean it is very beneficial to clean one additional time to clean off the last remaining biofilm layer on the surface of the membrane. Any remaining biofilm will tend to attract and trap dirt, so an extra cleaning will increase the time between cleanings. In the event of severe biofouling, slug dosing of a biocide may be required to enhance the results of the cleaning procedure. Please refer to Section 2.65 for details regarding biocide usage. When biofouling is an operational problem, regular sanitization procedures as described in Section 6,10 are recommended after cleaning. 6.9.7 Emergency Cleaning When cleaning has not been carried out in time,e.g„the differential pressure(AP)has already doubled,or the normalized product flow has dropped by 50%,the success of the previously described cleaning processes may be limited. If those TM standard cleaning techniques fail to remove the foulants, more harsh cleaning methods can be tried, Please contact your Dow representative for recommendations. It has to be stressed, however,that no warranty can be given on the efficiency of any cleaning, nor on the membrane performance after such cleaning attempts. 6.10 Sanitizing RO/NF Membrane Systems 6.10.1 Introduction The sanitization of RO/NF membrane systems as described in this chapter is the application of biocidally effective solutions or hot water to the membranes while the system is off line, i.e., not in production mode. The online dosage of biocidai -- chemicals while the system is in production mode is dealt with in Section 2.6, Biological Fouling Prevention. Membrane systems are sanitized in order to keep the number of living microorganisms at an acceptably low level. There are two main reasons why sanitization is required: a) Smooth operation. Microorganisms may grow into a biofilm at the membrane and feed spacer surface and cause biofouling. Biofouling is a major threat to system operation,and regular sanitization is part of a strategy to control biofouling. Regular sanitization helps to keep the level of biological growth low enough to avoid operational problems. In RO systems operating with biologically active feed water,a biofilm can appear within 3—5 days after inoculation with viable organisms. Consequently, the most common frequency of sanitization is every 3—5 days during peak biological activity(summer)and about every 7 days during low biological activity(winter). The optimal frequency for sanitization will be site-specific and must be determined by the operating characteristics of the RO system. b) Permeate water quality.Some applications,for example in food and pharmaceutical industries, require a high product water quality with respect to microbiological parameters.Although RO and NF membranes are theoretically rejecting 100%of microorganisms, any minute leakage in the membrane system may allow the permeate water to get contaminated.The risk of contamination is much higher with a biofilm present on the feed side;therefore the membrane has to be kept in a sanitary state. Regular sanitizations in these applications are required to improve the microbiological quality of the permeate water,even if no operational problems are encountered. 6.10.2 Hydrogen Peroxide and Peracetic Acid Hydrogen peroxide or a mixture of hydrogen peroxide and peracetic acid has been used successfully for treating biologically contaminated reverse osmosis and nanofiltration systems that use FILMTECTr" membranes, Commercially available hydrogen peroxide/peracetic acid solutions come in a concentrated form and are diluted with RO/NF permeate to obtain a 0.2%(by weight)peroxide solution. Page 131 of 181 Trademark of The Dow Chemical company("Dow")or an affiliated company of Dow Form No 609.00071.0416 There are two factors that greatly influence the rate of hydrogen peroxide attack on the membrane: temperature and iron. The disinfecting solution should not exceed 770F(250C), FT30 membrane samples tested with 0.5%hydrogen peroxide at 34°C showed a very high salt passage after several hours. At 24°C, however, membrane samples demonstrated compatibility with 0.5%hydrogen peroxide after 96 hours. The presence of iron or other transition metals in conjunction with hydrogen peroxide solutions can also cause membrane degradation. FT30 membrane samples were tested using a 0.15%solution of hydrogen peroxide and tap water containing iron. After 150 hours,the salt passage of the membrane began to increase dramatically. Continuous exposure at this -- concentration may eventually damage the membrane. Instead,periodic use is recommended. For biologically contaminated RO systems using the FILMTEC'm membrane,the following procedure for applying hydrogen peroxide solutions is recommended: 1. Any type of deposit on the membrane or other parts of the system should be removed with an alkaline cleaner before sanitizing. Removal of these deposits,which harbor microorganisms,will maximize the degree of sanitization. After alkaline cleaning,flush the system with RO permeate. 2. Clean the RO system with acid as described in Section 6.9.4 to remove any iron from the membrane surface. Flush the system with RO permeate. 3. Circulate a solution of 0.2%(by weight)hydrogen peroxide diluted with RO permeate at a temperature below 770F (25°C)for 20 min. A pH of 3—4 gives optimal biocidal results and longer membrane lifetime. 6,10.3 Chlorinated and Other Biocidal Products Applying free chlorine,chlorine dioxide or biocidal agents containing combined chlorine is generally not recommended,see Section 2.6.3 and 2.6.6. Iodine,quaternary biocides and phenolic compounds cause flux losses and are not recommended for use as biocidal agents. 6.10.4 Heat Sanitization The HSRO series of FILMTEC'm elements can be sanitized with hot water. It is an excellent choice for food and pharmaceutical applications.The advantages of hot water as a sanitization agent are: • May reach areas chemicals do not(dead legs,etc...) • Easy to validate Simpler to monitor heat than chemical concentrations • Easier to demonstrate complete distribution of heat • No need to rinse out chemicals • No need to store chemicals • Minimizes waste disposal issues • No need to approve chemicals New HSRO heat sanitizable spiral elements must be pre-conditioned prior to initial use by exposure to hot water. Suitable quality water must be used during all pre-conditioning steps. This water is chlorine-free, non-scaling/fouling water. RO —. permeate is preferred,but pre-filtered feed water may be used. An appropriate conditioning procedure consists of the following: • Flush to drain with suitable quality water at low pressure and low permeate flo rate, • Recycle warm water(45°C or less)at very low pressure(<25 psig transmembrane pressure with a maximum feed pressure of 45 psig(3 bar)). • Introduce hot water to the system to increase temperature to 80°C(1760F). • Keep transmembrane pressure below 25 psig(1.7 bar)when warm or hot water(45°C or higher)is being fed to the membranes. • Maintain temperature for 60—90 minutes. • Allow system to cool to 450C or below. Page 132 of 181 "Is Trademark of The Dow Chemical Company(`Dow")or an affiliated company of Dow Form No.609.00071-0416 • Flush to drain with suitable water quality at very low pressure(<25 psig transmembrane pressure with maximum feed pressure of 45 psig (3 bar)). HSRO membranes have high water permeability before they have been pre-conditioned. After pre-conditioning,they attain A, their specified flow and salt rejection performance during operation at normal temperature. The performance will remain stable irrespective of subsequent additional sanitization cycles. The procedure for regular sanitization may be the same as described above,but ultimately is the responsibility of the end-user. Certain industries have required sanitizing procedures that may be different from our procedures. Page 133 of 181 "'m Trademark of The Dow Chemical Company('Dow')or an affiliated company of Dow Form No.609.00071-0416 Product Data Sheet DOW FILMTECTm BW30HRLE-440 Element Description Ideal for: reverse osmosis plant managers and operators dealing with controlled-pre-treatment waters and seeking advanced membrane treatment with good water purity and low energy consumption. DOW FILMTECiM BW30HRLE-440: • Offers good salt-rejection with 33%lower pressures �,0 W-4 • Delivers excellent silica, boron, nitrate, IPA and ammonium rejection • Provides increased active area with the most effective cleaning performance, robustness and durability due to its widest cleaning pH range(1-13) and chemical tolerance and the support of Dow technical representatives i Product Type Spiral-wound element with polyamide thin-film composite membrane Product Specifications Typical Active Area Feed Spacer Permeate Flow Rate Stabilized Salt Minimum Salt DOW FILMTEC"'Element (W)(m=)Thickness(mill (GPD) (m31d) Rejection(%) Rejection(°�) BW30HRLE440 440 41 28 12,650 48 99.3 99.1 1. Permeate flow and salt(NaCI)rejection based on the following standard test conditions:2,000 ppm NaCl,150 psi �* (10.3 bar),77°F(25•C),pH 8,15%recovery. 2. Flow rates for Individual elements may vary but will be no more than 115%. 3. Stabilized salt rejection is generally achieved within 2448 hours of continuous use:depending upon feedwaler characteristics and operating conditions 4 Sales specifications may vary as design revisions take place. 5. Active area guaranteed t 3%. Active area as stated by Dow Water&Process Solutions is not comparable to nominal membrane area often stated by some manufacturers. Measurement method described in Form No.609.00434. Element A Dimensions ---�--� ---- B DIA /-� C i IA o"wwin ew*t •_ l °onnmrerral9e � _�---..-—. ._1 Mio 1912 VM oMps F 0 F+Derglass outer wrap Endue! „°�°`�;;,sr«rassW u•Cup Bnne Seal . Brute Product A B C •,, DOW FILMTEC"'Element (in.) (mm) (in,) (mm) (in.) (mm) BW30HRLE-440 40.0 1,016 1.1251D 291D 7.9 201 1 Refer to Dow Water&Process Solutions Design Guidelines for multiple-element applications 1 inch a 25.4 mm 2 Element to fit nominal 8-inch(203-mm)I D pressure vessel. Page 1 of 2 Vl'Trademark of The Dow Chemical Company("Dow')or an affiliated company of Dow Farm No.609.50205,Rev,0 December 2016 Operating and Maximum Operating Temperature 113°F(45°C) Cleaning Limits Maximum Operating Pressure 600 psig(41 bar) Maximum Element Pressure Drop 15 psig(1,0 bar) off Range Continuous Operation 2—11 pH Range,Short-Term Cleaning(30 min,)b 1-13 Maximum Feed Silt Density Index(SDI) SDI 5 Free Chlorine Tolerance c <0.1 ppm Maximum temperature for continuous operaten above pH 10 is 951(351C). Rater to cleaning Guiasitnes In switcation sheet 609.23010 under certain corWdions,the presence of free chlonne and other oxidizing agents will Cause premature membrane failure Since oxidation damage is riot covered under warranty.Dow ftler d Process Solutions recommends removing residual free chlorine by pretreatment prior to membrane exposure.Please refer to technical bui efin-Dechlonnabno Feedwaier'lot more Information Additional Before use or storage, review these additional resources for important information: Important Information • Usage Guidelines for DOW FILMTEC-11 8"Elements • System Operation: Initial Start-Up +Permeate obtained from first hour of operation should be discarded Regulatory Note These membranes may be subject to drinking water application restrictions in some countries; please check the application status before use and sale. Product Dow has a fundamental concern for all who make,distribute, and use its products,and for Stewardship the environment in which we live. This concern is the basis for our product stewardship philosophy by which we assess the safety, health,and environmental information on our products and then take appropriate steps to protect employee and public health and our environment.The success of our product stewardship program rests with each and every individual involved with Dow products—from the initial concept and research,to manufacture, use,sale,disposal,and recycle of each product. Customer Notice Dow strongly encourages its customers to review both their manufacturing processes and their applications of Dow products from the standpoint of human health and environmental quality to ensure that Dow products are not used in ways for which they are not intended or tested.Dow personnel are available to answer your questions and to provide reasonable technical support. DOW FILMTEC"'Membranes Notice:The use of this product in and of itself does not necessarily guarantee the removal of cysts and pathogens from water. Contact Dow Water i;Process Effective cyst and pathogen reduction is dependent on the complete system design and on the operation and maintenance of the 5olutlons: system. North America: 1.800447.4369 NOTICE: No freedom from infringement of any patent owned by Dow or others is to be inferred.Because use conditions and Latin America: (+55)11.5188.9222 applicable laws may differ from one location to another and may change with time,Customer is responsible for determining Europe: +800.3-6 -6367 whether products and the information in this document are appropriate for Customer's use and for ensuring that Customer's Italy: +8M783-825 workplace and disposal practices are in compliance with applicable laws and other government enactments.The product shown South Africa: +0800 99 5078 in this literature may not be available for sale and/or available in all geographies where Dow is represented.The claims made Pacific: + 0 789 may not have been approved for use in all countries.Dow assumes no obligation or liability for ate information in this document. China: +40400 889 889-0789 References to"Dow'or the"Company"mean the Dow legal entity selling the products to Customer unless otherwise expressly htx rwWwdowwaterarwcrc ess win noted. NO WARRANTIES ARE GIVEN, ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. ■ t. Page 2 of 2 0111 Trademark of The Dow Chemical Company(-Dow")or an affiliated company of Dow Form No 609.50205 Rev,0 December 2016 Product Data Sheet DOW FILMTECTM XLE-440 Element Description Ideal for: reverse osmosis plant managers and operators dealing with controlled-pre-treatment and seeking high-quality permeate water at f _ low operating costs. tt DOW FILMTEC'm XLE-440,the lowest pressure DOW FILMTECT11 �11j� RO element: �,��► >w • Provides lower energy costs and more productivity,especially in cold waters • Minimizes equipment CAPEX in designs with savings in elements and pumping due to the 440 ft2 active area • Delivers the most effective cleaning performance, robustness and _ durability due to its widest cleaning pH range(1-13) tolerance and the support of FilmTec technical representatives Product Type Spiral-wound element with polyamide thin-film composite membrane Product Specifications Typical Active Area Feed Spacer Permeate Flow Rate Stabilized Salt Minimum Salt DOW FILMTEC"'Element (ft2) (m2) Thickness(mll) (GPD) (m31d) Rejection(%) Rejection(%) XLE-440 440 41 28 14,000 53 99.0% 97.0% 1. Permeate flow and salt(NaCI)rejection based on the following standard teal conditions:2,000 ppm NaCl,125 psi (8.6 bar),77aF(25aC),pH 8,15%recovery. aw 2. Flow rates for individual elements may very but will be no more than-15%. 3, Stabilized sell rejection is generally achieved within 24A8 hours of continuous use;depending upon feedwater characteristics and operating conditions. 4. Sales specifications may vary as design revisions lake place. 5. Active area guaranteed t 5%. Active area as stated by Dow Water&Process Solutions is not comparable to nominal membrane area often slated by some manufacturers. Measurement method described in Form No.609.00434. Element Dimensions T --�- Q om F"Tac a*01"aaupier Prt rarmaH 2eet71 aAth •m each clamant each ��� FbK�1Ya 0�f MR>p L —� 17 EPHno npa(AllmT. u•Cup enne Seal Erw Cep & Pro= Pat w Mar 2fe3To1 A 8 C aaPa DOW FILMTECTM Element (in.) (mm) (in.) (mm) (in.) (mm) XLE 440 40.0 1,016 1.50ID 38ID 7.9 201 1. Refer to Dow Water&Process Solutions Design Guidelines for multiple-element applications.1 inch=25A mm 2. Element to fit nominal 8-inch(203-mm)I.O.pressure vessel. Page 1 of 2 014 Trademark of The Dow Chemical Company(-Dow")or an affiliated company of Dow Form No.609.00245,Rev,2 November2016 DOW RESTRICTED Operating and Maximum Operating Temperature a 113*F(45*C) Cleaning Limits Maximum Operating Pressure 600 prig(41 bar) Maximum Element Pressure Drop 15 psig(1.0 bar) pH Range,Continuous Operation 2—11 pH Range,Short-Term Cleaning(30 min)b 1-13 Maximum Feed Silt Density Index(SDI) SDI 5 Free Chlorine Tolerance c <0.1 ppm Maximum temperature for continuous operation above pH 10 is 95'F(35°C). "Refer to Clearing Guxlshries In specification sheet 609-23010. °Under certain condtlons,the presence of free chlorine and other oxidizing agents vnll cause premature membrane failure.Since oxidation damage Is not covered under warranty,Dow Water 6 Process Solutions recommends removing residual Ireo chlorine by pretreatment liar to membrane exposure.Please refer to technical bulletin'Dechtonnahnn Fr3edwatee for more information Additional Before use or storage, review these additional resources for important information: Important Information • Usage Guidelines for DOW FILMTEC"1 8`Elements • System Operation: Initial Start-Up *Permeate obtained from first hour of operation should be discarded Regulatory Note These membranes may be subject to drinking water application restrictions in some countries: please check the application status before use and sale. Product Dow has a fundamental concern for all who make,distribute,and use its products,and for Stewardship the environment in which we live.This concern is the basis for our product stewardship philosophy by which we assess the safety,health,and environmental information on our products and then take appropriate steps to protect employee and public health and our environment.The success of our product stewardship program rests with each and every individual involved with Dow products—from the initial concept and research,to manufacture, use,sale,disposal,and recycle of each product. Customer Notice Dow strongly encourages its customers to review both their manufacturing processes and their applications of Dow products from the standpoint of human health and environmental quality to ensure that Dow products are not used in ways for which they are not intended or tested. Dow personnel are available to answer your questions and to provide reasonable technical support, DOW FILMTEC 11 Membranes Notice:The use of this product in and of itself does not necessarily guarantee the removal of cysts and pathogens from water. Contact Dow Water&Process Effective cyst and pathogen reduction is dependent on the complete system design and on the operation and maintenance of the Solutions: system. North America. 1.800-4474369 NOTICE: No freedom from infringement of any patent owned by Dow or others is to be inferred Because use conditions and Latin America: (+55)11-51S9222 applicable laws may differ from one location to another and may change with time,Customer is responsible for determining Europe: +800 -694.6367 whether products and the information in this document are appropriate for Customer's use and for ensuring that Customer's Italy: -800-783-825 workplace and disposal practices are in compliance with applicable laws and other government enactments.The product shown South Afica. 4W 99 5078 m this literature may not be available for sale and/or available in all Pacific: -800 7776 7776 y geographies where Dow is represented,The claims made China: .400 889.0789 may not have been approved for use in all countries.Dow assumes no obligation or liability for the information in this document. References to"Dow"or the"Company"mean the Dow legal entity selling the products to Customer unless otherwise expressly httoflwww.dowwaterandprocesscam noted. NO WARRANTIES ARE GIVEN; ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED, Page 2 of 2 ®,M Trademark of The Dow Chemical Company("Dow")or an affiliated company of Dow Form No.609-00245,Rev,2 November 2016 DOW RESTRICTED e . Product Data Sheet DOW FIL.MTECTm ECO PRO-440 Element Description Ideal for:reverse osmosis plant managers and operators dealing with -- controlled pre-treatment waters and seeking advanced membrane treatment with high water purity and low energy consumption. DOW FILMTECTM ECO PRO.440: • Offers high salt-rejection at low pressure • Delivers excellent silica, boron, nitrate,TOC and ammonium rejection �I • Provides increased active area with the most effective cleaning performance, robustness and durability due to its widest cleaning pH range(1.13) and chemical tolerance and the support of Dow technical representatives Product Type Spiral-wound element with polyamide thin-film composite membrane Product Specifications Typical Active Area Feed Spacer Permeate Flow Rate Stabilized Salt Minimum Salt .- DOW FILMTEC"m Element (its) (m=) Thickness(mil) (GPD) (mild) Rejection(%) Rejection(%) ECO PRO.440 440 41 28 12.650 48 99.7 99A 1. Permeate How and salt(NaCl)rejection based on the following standard lest conditions:2,000 ppm NaCl,150 psi (10 3 bar),77•F(15•C),pH 8.15%recovery 2 Flow rates for individual elements may vary but will be no more than-15% 3. Stabilized salt rejection is generally achieved within 24.48 hours of continuous use,depending upon feedwater characteristics and operating conditions. 4 Sales specifications may vary as design revisions take place. 5 Active area guaranteed s 3% Active area as stated by Dow Water&Process Solutions is not comparable to nominal membrane area often stated by some manufacturers. Measurement method described in Form No 609.00434. Element A Dimensions 13 DIA(y C IA txw ezaw ea yu W r�,Mw 3131 H • Each 00.0w"L4" -----...._... _.--_....- ----- —I two 3.912!PR o-m>7a Feed! ( Fulerglass outet wrap (Dow RmTec Dori u-Cup Brine Seal End Cap' Brine Product ft~isnds). A B C DOW FILMTECT"Element (in.) (mm) (in.) (mm) (in.) (mm) ECO PRO.440 40.0 1,016 1.12510 29 ID 7.9 201 1 Refer to Dow Water&Process Solutions Design Guidelines for multiple-element applications.1 inch=25.4 mm 2 Element to fit nominal 8-inch(203-mm)I D pressure vessel. Page 1 of 2 (bill Trademark of the Dow Chemical Company("Dow")or an affiliated company of Dow Form No,609.50198,Rev 0 December 2016 operating and Maximum Operating Temperature B 113°F(45°C) Cleaning Limits Maximum Operating Pressure 600 psig(41 bar) Maximum Element Pressure Drop 15 psig(1.0 bar) pH Range Continuous Operation a 2—11 pH Range,Short-Term Cleaning(30 min.)" 1-13 Maximum Feed Silt Density Index(SDI) SDI 5 Free Chlorine Tolerance° <0.1 ppm Maximum temperature for continuous operation above pH 10Is 95°F(351C). °Refer to Cleaning Guidelines in specification sheet 609.23010. under certain cond:tbns,the presence of free chlonne and other oxidizing agents will cause premature membrane failure.Since oxidation damage is not covered under warranty,Dow Water 8 Process Solutions recommends removing residual free chlonne by pretreatment prior to membrane exposure.Please refer to technical bulletin'Dachlonrwlino Feedwater'for more information Additional Before use or storage, review these additional resources for important information: Important Information • USaQe Guidelines for DOW FILMTEC'm S"Elements • System Operation: Initial Start-Up "Permeate obtained from first hour of operation should be discarded Regulatory Note These membranes may be subject to drinking water application restrictions in some countries; please check the application status before use and sale, Product Dow has a fundamental concern for all who make,distribute,and use its products,and for Stewardship the environment in which we live.This concern is the basis for our product stewardship philosophy by which we assess the safety, health,and environmental information on our products and then take appropriate steps to protect employee and public health and our environment.The success of our product stewardship program rests with each and every individual involved with Dow products—from the initial concept and research,to manufacture, use,sale,disposal,and recycle of each product. Customer Notice Dow strongly encourages its customers to review both their manufacturing processes and their applications of Dow products from the standpoint of human health and environmental quality to ensure that Dow products are not used in ways for which they are not intended or tested.Dow personnel are available to answer your questions and to provide reasonable technical support. DOW FILMTECI Membranes Notice:The use of this product in and of itself does not necessarily guarantee the removal of cysts and pathogens from water. Contact Dow Water&Process Effective cyst and pathogen reduction is dependent on the complete system design and of the operation and maintenance of the Solutions: system. .� North America 1-800447-4369 NOTICE: No freedom from infringement of any patent owned by Dow or others is to be inferted Because use conditions and Latin America: (-55)11-5188.9222 applicable laws may differ from one location to another and may change with time.Customer is responsible for determining Europe: •8M3-694-6367 whether products and the information in this document are appropriate for Customer's use and for ensuring that Customer's Italy: 4800-783-825 workplace and disposal practices are in compliance with applicable laws and other government enactments.The product shown South Africa: +0800 99 5078 in this literature may not be available for sale and/or available in all geographies where Dow is represented.The claims made Pacific: -400 889-789 may not have been approved for use in all countries.Dow assumes no obligation or liability for the information in this document. China: '4��9-0789 References to'Dow"or the'Company'mean the Dow legal entity selling the products to Customer unless otherwise expressly htro:tAwvwdowwaterandoromsscom noted. NO WARRANTIES ARE GIVEN; ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. Page 2 of 2 ®TM Trademark of The Dow Chemical Company('Dow')or an affiliated company of Dow Form No,609.50198,Rev 0 December2016 Product Data Sheet w DOW FILMTECTm NF270-4001341 Element w Description Ideal for:utility managers and operators dealing with surface and groundwater and seeking a technology that removes a high percentage of total organic carbon(TOC)and trihalomethane(THM)precursors while having a medium to high salt passage and medium hardness passage. ft . The DOW FILMTECIII NF270400134i Element: • Provides organic removal with partial softening In order to maintain a minimum level of hardness for organoleptic properties and preservation of distribution networks • Delivers high productivity,cleanability and low energy consumption due to its high active area and wide cleaning pH range(1.12)tolerance • Includes jLECTM interlocking end caps, reducing system operating costs and the risk of w o-ring leaks that can cause poor water quality Product Type Spiral-wound element with polyamide thin-film composite membrane Product Specifications Typical �• Active Area Feed Spacer Permeate Flow Rate Stabilized Salt Minimum Salt DOW FILMTEC1°Element (tt2) (m2) Thickness(mll) (GPD) (mild) Rejection(%) _ Rejection(%) NF270.4001341 400 37 34-LDP 12,500 47 >97.0 97.0 w 1. Permeate flow and sail passage based on the following lest conditions: 2.000 mgll MgSO4,70 psi(4,8 bar),77"F(25°C)and 15%recovery 2 Flow rates for individual elements may vary but will be no more than t 15% 3. Stabilized salt rejection is generally achieved within 2448 hours of continuous use;depending upon feedwater ^" characteristics and operating conditions. 4. Sales specifications may vary as design revisions take place. 5. Active area guaranteed t 3%. Active area as stated by Dow Water&Process Solutions is not comparable to nominal membrane area often stated by some manufacturers. Measurement method described in Form No.609.00434, w Element e Dimensions A 1 ., D DUB_ C DIA w F"di ,Cup Brine Seal as utar �P End Cap Brinel Permeate A B C D DOW FILMTECTm Element (In.) (mm) (In.) (mm) (in.) (mm) (in.) (mm) NF270.4001341 40.0 1,016 40.5 1,029 7.9 201 1.12510 291D 1 Refer to Dow Water&Process Solutions Design Guidelines for multiple-element applications.1 inch=25.4 mm 2. Element to lit nominal 8-inch(203-mm)I D pressure vessel. 3 Individual elements with 1LEC endcaps measure 40.5 inches(1,029 mm)in length(B) The net length(A)of the elements when connected is 40,0 inches(1,016 mm). Page 1 of 2 V11 Trademark of The Dow Chemical Company('Dow")or an affiliated company of Dow Form No.609.50107,Rev.2 Augus12015 Operating and Maximum Operating Temperature,' 113°F(45°C) Cleaning Limits Maximum Operating Pressure 600 psig(41 bar) Maximum Element Pressure Drop 15 psig(1.0 bar) pH Range,Continuous Operation 3-10 pH Range,Short-Term Cleaning(30 min.)b 1-12 Maximum Feed Silt Density Index(SDI) SDI 5 Free Chlorine Tolerance° <0.1 ppm Maximum temperature for continuous operation above pH 10 is 95°F(35'C). "Refer to Cleaning Guidelines in specification sheet 604.23010. Under certain conditions.the presence of free chlorine and other oxidizing agents wil cause premature membrane failure.Since oxidatlon damage is not covered under warranty,Dow Water R Process Solrfions recommends removing residual he chlorine by pretreatment prior to membrane exposure Please refer to technical bulletin'Dechforinaft Feedwater for more information. Additional Before use or storage, review these additional resources for important information: Important Information • Usage Guidelines for DOW FUTEC'm 8"Elements e System Operation: Initial Start-Up Regulatory Note These membranes may be subject to drinking water application restrictions in some countries;please check the application status before use and sale. Product Dow has a fundamental concern for all who make,distribute,and use its products,and for Stewardship the environment in which we live.This concern is the basis for our product stewardship philosophy by which we assess the safety,health,and environmental information on our products and then take appropriate steps to protect employee and public health and our environment.The success of our product stewardship program rests with each and every individual involved with Dow products—from the initial concept and research,to manufacture,use,sale,disposal,and recycle of each product. Customer Notice Dow strongly encourages its customers to review both their manufacturing processes and their applications of Dow products from the standpoint of human health and environmental quality to ensure that Dow products are not used in ways for which they are not intended or tested. Dow personnel are available to answer your questions and to provide reasonable technical support. DOW FILMTECr"Membranes Notice:The use of this product in and of itself does not necessarily guarantee the removal of cysts and pathogens from water. Contact Dow Water&Process Effective cyst and pathogen reduction is dependent on the complete system design and on the operation and maintenance of Solutions: the system. North America: 1.800-474369 NOTICE: No freedom from infringement of any patent owned by Dow or others is to be inferred.Because use conditions and Latin America: (*55)11.51 W9222 applicable laws may differ from one location to another and may change with bme,Customer is responsible for determining Europe- +800-3-694.6367 whether products and the information in this document are appropriate for Customer's use and for ensuring that Customer's Italy +800-783.825 workplace and disposal practices are in compliance with applicable laws and other government enactments.The product shown South Africa + 00 99 5078 in this literature may not be available for sale and/or available in all geographies where Dow is represented.The claims made China: +400 B89A789 Pacific +80800 B 7 may not have been approved for use in all countries.Dow assumes no obligation or liability for the information in this document References to'Dow'or the-Company'mean the Dow legal entity selling the products to Customer unless otherwise expressly +� nor,�;wawdowwateranccrocesscom noted. NO WARRANTIES ARE GIVEN; ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. Page 2 of 2 0111 Trademark of The Dow Chemical Company('Dow")or an affiliated company of Dow Form No.609-50107,Rev.2 August 2015 DATE(MIWDDNYYY) CERTIFICATE OF LIABILITY INSURANCE 09l,42023 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(ies)must have ADDITIONAL INSURED provisions or be endorsed. 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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 HB2EIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 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