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Home My WebLink AboutDocumentation_Regular_Tab 05_09/08/2016 �_ r ��,� �� '? °;,� �, Memorandum Utilities Department To: Michael Couzzo, Village Manager From: Sam Heady, Deputy Director of Utilities Date: 8/15/16 Subject: Piggy Back Contract for Sulfuric Acid I respectfully present the following Comprehensive Analysis to the Village Manager. The Town of Jupiter has recently awarded a contract with Shrieve Chemical, Inc for the procurement of Sulfuric Acid. The Village would like to use the existing contract to piggy back for these reasons: 1. The cost for the product from Shrieve was lower than the other providers. 2. The product that Shrieve produces meets the NSF/AN51 60 Drinking Water Standard and all applicable requirements. Cost of chemical: $11,000 THE VILLAGE OF TEQUESTA PIGGYBACKING CHECKLIST Instructions: This form is to be completed for any purchase of goods, or cantract for services where the Village will utiliZe a contract competitively bid by another governmental agency (i.e. "Piggyback"). Department: Water Utilities Date: 8/2/2016 Item/Service Provide Sulfuric Acid for the Water Plant Vendor/Service Provider Shrieve Chemical Q State Contract # � Other Governmental Agency "Chopter 287, F.S. If piggybacking a State Contract please stop here. Name of Governmentai i Agency City of lupiter contract number (W1635B) YES NO Is the contract current7 Effective date: 1Oj01/2016 Expiration � � 2 Date:_09/30/2017 � � 3 Was item/service bid out in compliance with the Villa e's Purchasing Policies & Procedures7 Is the price that the Village will receive by piggybacking equal to the price obtained by the agency � � 4 named above? � � 5 Does the contract contain an assignability clause? If the answer to question # 5 is no, has the governmental agency given the Village permission to � � 6 piggyback on the contract? � 0 7 Has the vendor/service given the Vitlage permission to piggyback on the contract? � Department Head Signature �ate YILLAGE OF TEQUESTA CONTRACT FOR PURCHASE OF SULFURIC ACID THIS CONTRACT is entered inEo, and effective, this day of September, 2016, by and between the VILLAGE OF TEQUESTA, FLORIDA, a 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 "Viilage"; and SHR.IEVE CHEMICAL, C4MPANY, a foreign corporation with oi�ices located at 1755 Woodstead Ct., The Woodlands, Texas 77384, hereinafter "Contractor". 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 agres as follows: 1. SCOPE OF SERVICES: The Village and the Contractor both hereby agree to enter into this Contract far Purchase of sulfuric acid, whereby the Contractor shall provide sulfuric acid 93% H2SO4 in tank truck quantities of approximately 3,500 gallons (the "Product") for the Village's utility department. Pursuant to the Contractor's August 9, 2016 e-mail correspondence, attached hereto as Exhibit A, the Village is authorized to piggyback through September 30, 2017, on the Contractor's current contract with the Town of Jupiter, which was originally procured by the Town of Jupiter in accordance with procedures that comply with the Village's procurement requirements. The Town of Jupiter contract is attached hereto as Exhibit B and is hereby incorporated into this Contract as if fully set forth. Z. COMPENSATION: Pursuant to Exhibit B, and in consideration for the above Scope of Services, pricing is as follows: sulfuric acid 93% - $56.50 per ton freight - $38.00 per ton. TOTAL F.O.B. - $94.50 per ton The Village shall pay the Contractor after receipt of the Product, and within forty five (45) days of receipt of an invoice documenting the amount due. 3. INSURANCE AND INDEMNIFICATION: The Contractor shatl provide proof Page 1 of 4 af workman's compensation insurance and Iiability insurance in such amounts as are specified on Exhibit B, shall name the Village as an "additional insured" on the liability portion of the insurance policy. The Contractor shal! at all times indemnify, defend and hold harmless the Village, its agents, servants, and employees, from and against any claim, demand or cause of ac6on of whatsoever kind or nature, arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, his/her agents, servants, or employees in the performance of services under this Contract. 4. PUBLIC ENTITIES CRIMES ACT: As provided in Sec. 287.132-133, Florfda Statues, by entering into this Contract or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consuitants who will psrform hereunder, have not been placed on the convicted vendor list rnaintained by the State of Florida Deparhnent of Management Services within thirty-six (36) months immediately preceding the date hereof. This notice is required by Sec. 287.133{3)(a), Florida Statutes. 5. TERMINATION: NOTICE: This Contract may be terminated by either party upon five (5) days written notice to the other party, in accordance with Exhibit B. Notice shall be considered sufficient when sent by certified mail or hand delivered to the parties at the following addresses: Village Contractor Village of Tequesta Shrieve Chemical Company 345 Tequesta Drive 1755 Woodstead Ct. Tequesta, Florida 33469 The Woodlands, Texas 77380 Attn: Director of Utilities Attn: Ted T'hreadgill, President 6. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an independent contractor and not an emplayee of the Village. Bath the Village and the Contractor agree that this Contract is not a contract for employment and that na relationship of Employee/Employer or PrincipallAgent is or shall be created hereby nor shall hereafter exist by reason of the performance of the services herein provided. 7. ATTORNEY'S FEES: In the event a dispute arises conce�ning this Contract, the prevailing party shall be awarded attorney's fees, including fees on ap�al. 8. CHOICE OF LAW: VENUE: This Contract shall be governed and construed in Page 2 of 4 accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to same. 9. AMENDMENTS AND ASSIGNMENTS: This Contract, all Exhibits attached hereto, and required insurance certificates constitute the entire Contract between both parties; no modifications shall be made to this Contract unless in writing, agreed to by both parties, and attached hereto as an addendum to this Contract. The Contractar shall not transfer or assign the performance of services called for in the Contract without prior written consent of the Village. i0. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal m�tters, 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 acrivities 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. PUBLIC RECORDS: In accordance with Sec. 119.Q701, 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 Proposal or Bid. Upon reyuest from the Village's castodian 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, �Zorida 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 � subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.1Q, Florida Statutes. Further, the Contractor shall ensure that any exempt or canfidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the Contractor Page 3 of 4 does nat transfer the records to the Village. Finaliy, upon campletion of the Agreement, the Contraetor shall transfcr, at no cost ta the Village, ail public records in possession of the CQntractar, ar keep and maintain public records required �iy the Village. If the Cantractar transfers �11 public recc�rds to tlie Village upon compl�tian of the Agreement tI1C COtItI'1CC01" Shc1II destray any duplicate public records that are exempt or con�idential and exempt from public records disclos�are requirements. If the Gontractor keeps and mainCains pubtic records upon canlpletion of the Agreement, the Gontractar shall meet all applicable requirements for retaining public records. Records that are stored el�ctronicaliy must be provided to ti�e Viflage, upan request from the Village's custodian af public records, in a fonnat that is cumpatible with the Vilta�e's information technology systems. IF THE CONTRACTUR HAS QUESTIONS REGARDING THE APPLICATIUN OF CHAPTER 119, FLORIDA STATUTES, TO THE C41'�1TR.ACT+DR'S DUT� TO PRC?VIDE PUBLIC RECCIRDS RELATING TO THIS AG12EEl�IENT, PLEASE CUNTACT THE VILLAGE CLERK, RECCIRDS CUSTUDIAN FOR THE VILLACE, AT {561} 768-0685, OR AT Imcwiltiams�tequesta OT� AT 345 TEQUESTA DRIVE, TEf�UESTA, FL1'�RIDA 33469. THE REi4tAt?V�ER t�F "i'HIS PAGE I5 tNTE�iTiO's�iALLY LEFT BLAitiK. [N WITNE55 WHEREQF, the parties hereto have execated this Contract the date and year first abuve written. Pa�e 4 of 5 VVITNESSES: SHRIEVE CHEMICAL C�MPr1NY • l�� ..- �� Ted Thread�ill, President ; ,, � '� �!i� . ��' � -� : ' r -= '"` -- (Corporatc Seal) VILLAGE OF TEQUE�iTA ATTEST: Abi�ail Brennan, Yla��or• (Seal) Lori Mc�Villiams. MMC Town Clerk P�►��e � of 5 Shrieve Chemical PUBLIC REC�RDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACT4R 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 Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in acc�ordance with access and cost requirements of Chapter 119, Florida Sfatufes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them availabie for inspection or copying, within a reasonabie time may be subject to attomey's fees and costs pursuant to Sec. 119.0701, Florida Statutes� and other penalties under Sec. 119.10. Florida Stafufes. Further, CONTRACTOR shall ensure that any exempt or con�dential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRp►CTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all pubiic 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 firom the �Ilage's custodian of public records, in a format that is compatible wi#h the Village's information technology systems. IF CONTRACTC?R HAS QUESTIONS REGARDING THE APPLICATIQN OF CHAPTER 119, FLORfDA STATUTES, TO C�NTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, REC4RDS CUSTODIAN FOR THE VlLLAGE, AT (561 } 768-0685, OR AT ImcwilliamsCc�teauesta.or�, OR QT 345 TEQUESTA DRIVE, TEQUESTA, FLORID�► 334fi9. ��o � Janet McCorkle From: Chris Burns <cburns@shrieve.comy Sen#: Tuesday, AugusE a9, 2Q16 10:45 AM To: Samuel Heady Cc: Ted ThreadgiQ; Janet McCorkle; Cindy Bertalotto; Chris Burns Subject: RE: Contrac# Tcawn ofi Jupiter (W 16358) That will wark for us Samuel. Thank you, t:hris l�tsrns >Iarkctixg� �`1ana;�cr Sliric�°e Cl�eniical Co�a��an�� C?tticc �l)tl.�h?.-�?Zh x 1 �-1 t��31 �ij �,�? ;�,i;-��1 �1'eh Sit�: ��r��.;l�ri�ti�e.cc�cn Fram Samuei Heady (mailto:sheady@tequesta.org] Sent: Tuesday, August OZ, 2016 I:14 PM 70: Chris 8urr�s <cburns@shrieve.com> Cc: Ted Threadgill <tthreadgili@shrieve.com>;lanet McCorkle <jmccorkie@tequesta.org>; Evetyn Johnsan <ejohnson@shrieve.cam> Subject: RE: Contract Town o# lupiter (W1635B) Chris and Team, It is that time af year again. I spake with the Town of Jupiter and yau ar� the apparent {ow bid on �he Sulfuric Acid. The Viliage of Tequesta wouid like to use this contra+�t to piggy back an to; as we did last year. I need a yes or no from yau to allow me to do so. If I can get this from you by the end of the week; i would greatly appreciate it. Thank you! Sam Heady Deputy Director of Uti4ities The Village of Tequesta, FL Cell: 561-722-1 '1 �7 Email: sheady�tequesta.orq "Plan your work for safety" � TaWN 4F JUPITER , UTILITIES +,�u,J�s.��,.; a , , .:�.-:t� '�Y'r :.:.; i:M • � ,ri"%'._�'af: �y � • K+ ''� � wi�.�fi;i, :. ��e.k . �.. Jr'.;.,J'.F�.��.f<'"::��:._x„ �� F:�.,s, i !.�"i ` 'M.� 1','�' �� .s�� ;<y�'• ��#`%'��''4-�s'i?"'�•r",dtv,''z';Y%;:t,:i ��r� ';�`ti�-�.��',-�'.:, - C;:�,� t�:#;��`•_-'�:.:.'_":'',�t ::�,"•::�}_ :.`:2tn .>,��.,. ..l . ' �<'' ,fii� ., y „� <:j'ir�w5'. -;. - :kr,�'�w �:v�:r; <'{' - .. r ,� y � �,_ ' c,^.r, '+`r.i;: ;� ra'. �: ;�r� t,�s <.:x �.:.• -_=:�i��`rb^�:: ta, :4:t "��`r ^ ""�� i��? "'�'�`��3'"°1 <'��t ` .;i3: •. ..r:�et ti%�?" ; �::ar:;, %�;!i._ , ; -r t'?E=?r�e; '%�-s•,�S.r..,: �; f, `i ��' �1 t� .;r. i` ,.... •. „`x. - - � t��'j�} �; .'',i:�� ;rt i i{,'s�v;��:�e:11'j�a: , r,',�t;�j�':�:p(�,..: -�:�,��; `','ws' � +�, . . y t7d;�i;! S'^': ,' <,� - ��.�i4iT:u`�+§f ; .�,.: � � r �,r,ny"-�;��;;�.°' ;'Y'"`?YF'A '- '..:; Lk '�';� i r�j y�`.•'� ��:u;: y t t�x �.l�J�� :;y"."�..� :v -'f-'.}, ',,.-Y.�S:: ;;%:.:i�: "_. � �;::,§.�`� ' . ';�,'�,�: � ti� `.�;¢i ' 1��;'��^ �. - - - ^`;trz ., _ '�r"i=;d'�'��.� ir?i, r ''��/.'�'t?�; c � . '��.�. - _=y�!`::;�y��` . `:u . Chemical Bid W7635B Contract for Supplying Sulfuric Acid April 20't6 TODD R. WODRASKA MAYOR ILAN KAUFER VICE�MAYOR RON DELANEY COUNC[LOR JIM KURETSKI COUNCILOR WAYNE POSNER COUNCIL.OR ANDREW D. LUKASIK TOWN MANAGER DAVID L. BROWN DIRECTOR OF UTILITIES INDEX TITLE PAGE INDEX 2 ADVERTiSEMENT F'OR BIDS 3-4 INSTRUCTIONS TO BIDDERS 5-14 PROPOSAL 'f 5-18 SWORN STATEMENT 19-21 NOTICE OF 1NTENT TO AWARD 22 AGREEMENT (CONTRACT) 23-28 OPIN[ON OF TOWN ATI'ORNEY 29 SPEC(FICAT[ONS 30-31 2 W1635B , . :..: ..:........:.::. ` ADDENDUM N0. 1 TO " CONTRACT DOCUMENTS , ,. ., . April 14, 2046 , ... FRO.J.EGT TETLE: '.; '..::TOVIIN OF ilUPITER CONTRACT FOR SUPPLYlNG SULFURlC ACID (W1635B) TO:;; `' ,; . `A11 Plan Holders of Record . -_. .: . . . ':' ;``This addendum.'forms:a _part of the Contract Documents and modifies the origEnal Project Documents :as noted b�low. Acknowledge receipfi of this Addendum in the space provided on the. Bid;Proposal. form: .:.: IN THE FRbNT:END. DOCUMENTS , ': ADp the Fr�nt End. Documents in its entirety to the Bid Documents included with this :..:. .. .::: ..:.....: : . . , a. en um.:_: fN, TECHNICAL SPECIFICATIONS __: ADD the ?echnical Specification for Sulfuric Acid in its entirety to the Bid Documents ' ; included with this addendum. END OF ADDENDUM 'f � i W1635B Addendum 1 Page 1 of 1 �� ?��s-' �. � ��- � ��% � E�� :`�� , 'I'��U1V UF UPI'TER _ .�:� T : � .� ��.f�. �.�+Y �"..�k,� . ��ry-' ,r.�.ti- w a •i' � N��.� '�.::- INVITATIDN T� BID ��: Sealed bids will only be accepted at the Town Cferic's Department, 21 Q Mifitary Trail, Jupiter, Florida 33458: CONTRACTS FOR SUPPLYING: -- Liquid Chlorine -- (W1635A) -- Sulfuric Acid—(W1635B) -- Sodium Hydroxide {Caustic}—(W1635C) FOR TOWN OF JUPITER UTILITIES JUPlTER, FLORIDA Until 2:OOPM, Local Time, May 3, 2Q'16 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 ta the Town Clerk, on paper in accordance with the lnstruction to Bidders. Bids received after the time and date specified will not be considered. The face af the envelope shall be addressed as follows: Town Clerk Town of Jupiter 210 Military Trail Jupi�er, FL 33458 May 3, 2Q16, 2:Q0 PM Chemical Bids (W1635) The nature and scope of this project is: . Supply the Town of Jupiter Utilities Water Treatment Plan# with one or any of the following chemicals for use in the treafiment of drinking water: liquid chlorine, sulfuric acid, sodium hydroxide (caustic) for a period of one year beginning October 1, 2016 through September 30, 2017 in accordance with the contract specifications. Each bid includes an a[ternate Bid Etem to supply the chemical(s) for a three year guaranteed unit price. Each of the chemicals wifi be supplied under separate con#raets. All bids must be on a Unit Price basis (F.O.B.) on the Proposal Form. 3 W1635B Questions concerning #he bid shall be directed to Paul Jurczak, Water Plant Facifities Manager, in writing (fax: 564-743-8733), in accordance wifh the Instructions to Bidders. Site visits, if desired, may be scheduled with Paul Jurczak at 561-749-2602. Bid Documents are available on Demandstar.com on April 4, 2016 and can be downloaded for $5.00 from Demandstar by signing up for a free.agency subscription for the Town of Jupiter afi www.demandstar.com. Hard copies of Bid Documents may also be purchased at www.demandstar.com by emailirtg demandstar@onvia.com. Payment for Bid Documents is non-refundable. The Town of Jupiter reserves the right to waive any irregularities and to reject any and all bids. The Town of Jupiter is an equal opportunity employer. By 4rder of the Town Council, Town of Ju�iter Sally Boylan, Town Clerk PUBL(SHED: Palm Beach Post DATES: April 3, 2016 4 W1635B INSTRUCTION TO BI�DERS 1. SPECIAL COIdDITION - PUBLiC ENTtTY CRlMES Any person submitting a bid or propasal in response to this invitafion must execute the enclosed form PUR. 7Q68, SWORN STATEMENT UNDER SECTiON 287.133(A), FLORIDA STATUTES, Old PUBLIC ENTITY CRMMES, in fihe spaces(s) provided, and enclose if with the bid/proposal 2. COP[ES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documenfs in the number and for the non-refundable sum, if any, may be obta�ned from www.demandstar.com as stated in the Advertisement or Invitation. 2.2 Complete sets of Bidding Documents, including Addenda, shall be used in preparing Bids; Owner does not assume 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 #or the purpose of obtaining Bids on the Work and does not infer a license or granf for any other use. 3. QUALIFICATIONS OF BIDDERS 3. � To demonstrate qua�ifications to furnish the goods and special services, each Bidder must be prepared to submit within five days of Owner's request written information, such as financial dafa, previous experience and evidence of authority to canduct business in tha jurisdictian where the project is located. � 3.2 Each Bid must contain evidence of Bidder's qualification ta do business in the state where the project is located. 3.3 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 wha is a defaulter, as surety or otherwise, upon any obligation to Owner, or any other governmentaf agency or entity, or who is deemed irresponsible or unreliable by the Owner. 3.4 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 #estirnony in current litigation against the Owner or who has a financial interest in any litigation against the Owner. 5 W1635B 3.5 Any Bidder who does not meet fihe qualification requir�ments of the Bid will not be considered for award. 3.6 Owner resenres the right to request additional experience and reference information of the Contractor and his/her major subcontractors as may be required to conduct a thorough review of quafi�cations. 4. EXAMINAT(ON OF CONTRACT DOCUMEMTS AND S1TE 4.1 Before submitting a Bid, each Bidder musf (a} examine the Bidding Documents and all Addenda thoroughly, (b} visit the site to familiarize himself with locai conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, n.�les 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 Bidding Documents. 4.2 Site is accessible to fhe Bidder by appointrnent only to cond�ct such in�estigations and tests as each Bidder deems necessary for submission of his Bid. Appaintments may be scheduled wifh Pau1 Jurczak, Water Plant Facilities Manager at (561} 741-2602. 4.3 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 Bidding Documents are sufficient in scope and detail to indica�e and convey understanding ofi all terms and conditions for performance of #he Work. 5. INTERPRETATIONS Alf questions about the meaning or intent of the Bid Documents shall be submitted to The Town of Jupiter Utilities, Attn: Paul Jurczak, Water Planf Facilities Manager in writing by Fax {561} 743-8733. Replies will be issued by Addenda if determined necessary, throug� Demandstar.com. Questions received less fihan three days prior to the date for opening of Bids will not be answered. Onfy q�estions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6. B!D SECURITY: Not Required 6 W1635B 7. CONTRACT DURATiOPf The Contract duration for the Base Bid is one year beginning 4ctober 1, 2016 and ending September 30, 2097. The Contrac# duration for the Aiternate Bid is three years beginning on October 1, 2016 and ending September 30, 2019. Owner reserves the right fo request the successful bidder begin #he contract prior to October 1, 2016. ]f a Contract is ini#iated prior to October 1, 2016 the Contract expiration da#es wili remain as stated. 8. BfD PRICE 8.1 The price must be quoted as the TOTAL NET DELIVERED AMOUNT. The Town will be obliged to pay based on the contract unit price. The quantities indicated on the Praposal form are approximate and are used to establish bid prices. The Town does not guarantee this quantity as a minimum or maximum amount. Biclder certifies that the Contract Uni# Price is valid regardless of the quantity purchased. 8.2 Since the Town is exempt from Federal Excise Tax, the Federal Transportation Tax, and Florida State Sales Tax, these faxes are NOT to be included in the bid prices. Necessary exemption certifcates will be supplied to vendors for direct sales ta the Town tha# are paid from Town fu nds. 8.3 Prices shall be shown in unit amounts, written in numerical figures, and extensions whenever applicable. fn the event of discrepancies existing between urti# amounts and extension or totals, the written unit amounts shall govern. 8.4 Discrepancies in the multiplication of estimated quantities and �nit prices will be resolved in favor of the unit prices. Discrepancies between the indica#ed sum af any column of figures and the correct sum fihereof wil( be resol�ed in favar of the correct sum. 8.5 Alf applicabie discounts shall be included in the Bid Price far materials and services and will be considered as determining factors in cecommending an award in case af tie bids. Discounts extended fo Owner shall include buf not be limited to those discounts normally extended fo governmental agencies as well as the private sector. 8.6 Chain discounts are not accsptable and will not be considered in determiRing an award. Firm discounts and prices are to be quoted for #he spec�fied terms of the cantracfi. 9. BID FORM 9.1 The Bid Form is included herein (see Proposal). 7 W 1635B 9.2 B�d Forms must be completed in ink, typed or handwritten. The Bid price of each item on the form must be s#ated in numerals. Supplier must bid on or indicate "No Bid" for all afternates an the bid form. A!I bid forms must be filled out in their entireiy. Figures must be provided for all unit prices and values. Incomplete bid forms may be considered non- responsive. 9.3 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 carparate seaf must be affixed and attested by the secretary or an assistant secretary. The corporate a�dress and state ofi incorporation shali be shown below the signature. 9.4 Bids by partnerships must be executed in the partnership narne and signed by a partner, whase title must appear under the signature and the official address of the partnership must be shown below the signature. 9.5 AI( names must be typed or printed clearly below the signature. 9.6 The Bid shall confain an acknowledgment of receip# of all Addenda (the numbers of which shall be filled in on the Bid Form}. 9.7 The address and phone number, to which communications regarding the Bid, are to be directed must be shown. 9.8 If the Bid form contains Alternate(s), Bidder must bid on the Alternate(s) or indicate "No Bid" for th� Unit Price on the Bid Proposa! form. 10. SUBMISSION OF BIDS Two Bids (one original and one copy) shall be submitted at the time and place indicated in the Advertisement for Bids and shal! be included in an opaque sealed envelope, marked with the Project #itle and name and address of the Bidder and accompanied by all other required docurnents. If the Bid is sent through the mail or o#her delivery system the sea[ed envelope shall be enclosed in a separate envelope wifh the notation "B!D ENCLOSED" on the face thereof, with the Project name on the front. 11. MODIFICATION AND WITHDRAWAL OF BI�S 11.'f Bids may be modified or withdrawn by an a�propriate document duly execu#ed {in the manner that a Bid musf be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 8 W1635B '11.2 If, within twenty-four hours after Bids are opened, any Bidder fles a duly signed written notic� with Owner and promptly thereafter demanstrafes to the reasonable satisfaction of Owner that there was a material and subs#antial mistake in the preparation af his Bid, that Bidder may withdraw his Bid and the Bid Security will be retumed. 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 B�d Bond. 12. OPENING OF BIDS 12.1 Bids will be opened publicly. 12.2 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 made available after the opening of Bids. 13. BIDS TO REMAIN OPEN All Bids shall remain open for ninety (90) days after the day of the Bid vpening, but Owner may, in his sole discretion, release any Bid and return fhe Bid Security prior to that date. 94. AWARD OF CONTRACT 14.1 Owner reserves the right to reject any and all Bids, to waive any and all informa[ities and to negotiate contract terms with the Successful Bidder, and the right ta disregard all nonconforming, non-responsive or conditional Bids. Discrepancies between words and figures will be reso[ved in favor of words. Discrepancies befinreen the indicated sum of any column of figures and the correct sum thereof will be resolved in favar of the correct sum. Discrepancies between the indicated va[ue and the correct value as ca[culated by the product af the unit price and the estimated quantity, wifl be resolved by using the stated unit price. 14.2 In evaluating Bids, the Owner shali consider the qualifcations of the Bidders whe#her or no# the Bids comply with the prescribed requirements, alternates, and unit process, if requested in bid form. 14.3 Owner may consider operating costs, maintenance considerations, performance data and guarantees of materials and equipment in evaluating bids. 14.4 �wner 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 Woric in 9 W1635B accordance with the Contract Documents to 4wner's satisfaction within the prescribed time. '14.5 Owner reserves the r�gh# to reject the Bid of any Bidder who does not pass any suc� evaluation to Owner's satisfaction_ 94.6 !f the contract is to be awarded, it will be awarded to the lowesfi responsive Bidder based on the Totai Base Bid Cost F.O.B. (per Ton} or the Total Alternate Bid Cost F.O.B. {per Ton) on the Bid Form whose evaivation by Owner indicates to Owner that the award wiq be in the best interest of the Owner. '[4.7 If the contract is #o be awarded, for either the Base Bid Cost F.O.B. (per Ton) or the Altemate Bid Cost F.O.B. (per Tan), Owner will issue a purchase order to #he Supplier each year of the cflntracf period at the beginning of each fiscal year (�ctober). '[4.8 lf the contracf is to be awarded, Owner wifl give the Successful Bidder a Notice of Award within ninety {90) days after fihe day of the Bid opening. 14.9 More than one Bid received for the same work from an individual, frm, partnership, corporation or association under ti�e same or different names will not be considered. If, in the determination of the Owner, there is reasonable grounds for believing that any Bidder is interested in more than one Bid far 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 thase Bidders not to be a responsible or qualified Bidder. 15. SIGNlNG OF AGREEMENT When Owner gives a Natice of Intent to Award to the Successful Bidder (aka Supplier), it will be accompanied by two unsigned counterparts of the Agreement and all other Contract Documents. Within fifteen (15) calendar days thereafter Supplier shall sign and deliver both sets of the Agreement to Owner with all other Cantract Documen#s attached. Within sixty (60) days thereafter, Owner will deliver one fully executed agreement to Supplier. 16. CONTRACT CANCELLATION The Town of Jupiter reserves the right to cancel the Contract at any time with a #hirty (30) day written notice. Town will be obligated only to pay Supplier for chemical delivered to and received by the Town prior to the end of the thirty (30) day notice. 10 W1635B 17. INDEMNiFICATiON By placing a bid, the bidder agrees to indemnify and hold the Town of Jupiter, its agents, employees and elected officers free and harmfess at all times from and against any and ali claims, liability, expenses, losses, suits, costs, fines, and damages (including attorney's fees) arising out of ar incident to or in connection with the bidder's responsibility to perForm under this contract_ This agreement in no way resfricts or interferes with the righf of any politica[ subdivision of Palm Beach County, Florida, to re-bid any or all items. 18. EQUAL OPPORTUNITY The Town of Jupiter recognizes fair and open competition as a basic tenet of pubfic pracurement. Contractors doing business with the �rnrner are prohibited from discriminating on the basis of race, eolor, creed, national origin, handicap, age or sex. 19. OCCUPATIONAL HEALTH & SAFETY 19.1 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 Safety Data Sheet {"SDS") which may be obtained from the manufacturer. The SDS must include the fallowing information: 19. �.1 The chemical name and the comman name of the toxic substance. 19.4.2 The hazards or other risks in the use of the toxic subs#ance including: a) The potential for fire, explosion, corrosively and reactivity; b) The known acute and chronic health effects of risk €rom ex�osure including the medical condi#ions which are generalfy recognized as being aggra�ated by exposure to the toxic subsfance; and c) The primary routes o# entry and symptoms af over exposure. 19.1.3 The proper precautions; handling practices, necessary personal protection equipment and other safety precautions in the use of or exposure to the #oxic substances, including appropriate emergency treatment in case of exposure. '19.1.4 The emergency procedure for spills, fire, disposal and first aid. 19.1.5 A description in lay terms of fhe known specific poten#ial health risks posed by the toxic substance intended to alert any person reading this information. 11 W1635B 19.1.6 The year and month, if available, that the information was campiled and the name, address, and emergency telephone number of the manufacturer responsible for prepar�ng the information. 20. AUDIT RIGHTS 20.1 The Owner reserves the right to audit the records of the successful Bidder for fihe commodities and/or services provided under the Contract afi any time during the performance and term of the Contract and for a period of five (5) years after compfetion and acceptance by the Owner. If required by #he Owner, the successful Bidder agrees to submit to an audit by an independent certified pubfic accountant selected by the Owner. The successful Bidder sha[I allow the Owner to inspect, examine and review fhe records of the successful Bidder in relation to this Contract at any and all times during r�ormal business hours during the term af the Contract. 20.2 The Inspector General of Palm Beach Couniy has the authority to investigate and audit matters relating to the negotiation and pertormance of this Contract and in furtherance thereaf may demand and obfain 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 af the Contractor or i#s s�abcontractors 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 terminafiion. The Office of Inspector General in Palm Beach County is estabfished by Palm Beach County Code, Section 2-421 - 2-�440. Faifure to cooperate with the lnspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-42'1 — 2-440, and be punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 21. CONFLICT OF INTEREST The awar� hereunder is subject to the provisions of Chapter 112, Florida Statutes. Bidders must disclose with their Bid the name of any officer, direcfor, partner, proprietor, associate or agen# who is a[sa a public officer or employee of the �wner or any of its agencies. Further, a!1 Bidders rnust 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. 12 W1635B 22. SPECIAL LEGAL REQUIREMENTS 22.1 PUBLIC RECORDS The SUPPL.IER shall camply with public records laws Chapter 119, Florida Statutes, specifically to: Keep and maintain public records that ardinarily and necessarily would be required by the TOWN in order to perform the senrice; Provide the public with access #o public records on the same terms and conditions that the TOWN would provide the records and at a cost that does not exceed the cost provided in Chapter 199, F.S. or as otherwise �rovided by law; Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclased exempfi as authorized by law; Meet all requirements for retaining public records and transfer, at no cost, to the T�WN all �ublic records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt of confidential and exempt from public disclosure requirements. All records stored electronically must be provided to #he TOWN in a format that is compatible with the informa#ian technology systems of the TOWN. If the SUPPL.IER does nat comply with a public recorcls request, the public agency shal� enforce the contract provisions in accordance with th� contract. 119.0701 Contracts; public records. — (1) For purposes of this section, the term: (a) "Contractor" or "Supplier" means an individual, par�nership, corporation, or business entity that enters infio a contract for services with a public agency and is acting on behaif of the public agency is provided under s. 'I 19.011(2). (b) "Pub[ic agency" means a state, county, district, authority, o� municipa( officer, or department, division, board, bureau, commission, or other separate unit government created or established by law. (2) In addition to other contract requirements provided by law, each public agency contract for services must include a pra�ision thaf requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records thaf ordinarily and necessarily would be required by the public agency in order to perForm the service. (b) Provide the public with access to public records an the same ferms and conditions that the public agency would provide the records and at a cost that does nof exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records thaf are exempt or confidential and exempt 13 W 1635B from public records disclosure requirements are nofi disclased exce�t as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the con#ractor upon termination of fihe cont�act and destroy any duplicafie public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a formaf that is compatible with the information #echnology systems of the public agency. lf a contractor does not comply with a public recards request, the public agency shal[ enforce fhe contract provisions in accordance with the contract. 22.2 QFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES The Town of Jupiter encourages and agrees to the successful bidder extending the pricing, terms and condifions of this solicitation or resultant contract fo other governmental ent�ties at the discretion of the successfuf bidder. 14 W1635B f ; � � � �� .. �. r�. � . ��,:. . . .. . . .. .. .. . .., .. . . . � �-� �.�.;�. . ��. � . . t BiddingCompanyName; r�e✓e ( �:GjC'M! 'R/.� :�h : < , . . . PROPOSAL ! _ : Ta . T01NN OF JUPITER UTtL(TIES ,. FOR � HEM�CAL SID °: C�NTRACT FOR SUPPLYlNC SULFURiC ACID (W1635B) j ' Town of Jupiter ` ` 2� Milifary Traif _:.: : . Jupiter, Florida 33458 .; i ' Gentlem�n: : : i The undersigned as Bidder does declare that no person or persans other than i the Bidder herein named had any interest in this Proposa! or in the contracf to be taken, � : ;ancf that if is made withnut any. eonnection with any other person making a Proposai for � ` the ;same item(s}; and is in alf respects, fair and withou# coilusior� or fraud. f ; The undersigned further. declares that he has carefully examined the specificatians an� is #hvra�ghly familiar with its provisions and with the quality, iype and � :grade of rr►ateriats for. , . . . . ' . ' � � t it is �roposed that the pr�ject herein described shall be construcfed for the Unit ! =.x Pr�ces as #ollows, all in accordance with the requirements and provisians of the Contract j. < � . .. ` Documents. The..quan�ties stated below are nne (1) year and three (3) year estirn�tes. ;Actual quantities may _be less than or exceed #he estimated quantities below. ' The undersigned further declarES that he proposes to furnish the item{s) called ' #or.wifhin the specified time in this Proposal fnr Ehe fol(owing prices_ I Base Bid: (1 year.Contract Period} � Con#ract for:Su I in Suifuric Acid - Estimated Quantit 4 452 Tons 1- ear eriod 1 ppY 9 Y � � Y � ) � — � Unif Price (Per Ton) $ . • . � Q � , Freight (F'er Ton) $ � � . U� � Total Base Bid Gast F.Q.B. (Per Tan) $�'�� SO ' Total Base Bid GasE for 4�452__ Tans (F.O.B) $��id � 711 � U� � � � � i 3 j i ; E 15 W'! 635B � � :; i Alternate Bid: (3 year Contracf Period) Contract for supplying Suffuric Acid- Est�mated Quantity 93,358 Tons (3 year period) . Unit Price (PerTon) $ �� ° �.: Freight (Per Ton} $ � � ' DV k Total Alternate Bid Cost F.O.B. (Per Ton) $ /� Q j(9� ! Total Alternate Bid Cost #or , 13,356 Tons (F.O.B) $ 1� 7�fo � r�8�° E Tota1 Alternate Bid Es#imate Annuaf Cast F.O.B. (Tons} $�7� a 7� � � �" �, ( i' I: �: � ; ;. i � � � 1 � � ' �; �. (THIS SPACE I�fTENTfONAI�LY L.E�'T BLANK.) � ` i i � I� �• � IO � � W1635B � , . ._ .,::. . ... °`,-.. .:.: : .,: • :.;:.:;:-.. .....: . .::. . -.::. . _ _. . .. . _.. : . >. _ .: .. :: . . :.. ..... ... ...... . . � -,:<,;.. - . , - ° : :::;.; ::< ,,.Th� unde�'signed.;#urthermore in �ase'of f�iilure .on `his part:fo execute :said . ;_. ;.: -;: . , , ; :. ;.:_ :.:.... . , ,.:.. ... ,...... °.; coritra+�t within {.� 5) ;days : after . being awarded the cnntract ;m�y forFei# ,his right #o th� , - , ,:.. . ., , .. ..;.. ,.. ,. :; ..;:. ,. ` cont�a�t.and°`.Owner:.:ma. �choose to:offer#he..cantract to`;the next low bidde.r.or re-bid the. � ::; :...:. ,.::.:;: ;.-::.:: .:: : ,,. . ; .:.. , ,. ;... ; ; , > ' ; : `:::. corrtract: _, ;. °::. ° : ,, . ;:.. . , .:: : ; , . ::..::, . ; ; ,:., _,... .. . ,: . >,; ., ` `_�; °: The.;u.nde�slgnsd u�dersi�nds..and accep.#s that,the. Cqntract cQmmences on Oc#ober 'l, .:. . ,..... ;:: :2D16 a�d continues`for`one::` e.ar` endin .�e tember._�� .2017 if the contract.is awarded � - ..:. < , - . ,.._ : ,..: . :.. ,.::; -..-; ..,. . .: :..:: :: _. �:::.. - , : .:. .: _- ,..:. , . . -. , _: , ;.:;, =.., ; . . b.ased :an f�e To#al:.�ase Bid� or contit�ues,.for three ��.ars,, end�ng :an. :5�ptember 30, ,. . � .. . , _ , > ...; : ; :_ _: .: ; ,.. ; >' :.:_: ;;:::201,9":.if;: fihe:'contrac# is:;:awacded. ;for`�t�e Totaf,. Alt�rr�ate :Bid.. Tt�e : undersi�ned � � >. ,: >.;. <... _ ; ` und�r$tands and :acc� ts :that the Owner: ma �lect to comm�nce .the Con�ract rior #o P ; _. Y A. I ; _ � . . . ' ` :�... . . _ :. . ... .. . �.: . : �. �: . ..' . ." . .. . :. � ' _ .'. .. . " : . . . � .,:: �:. .r . . . ... . . ., r ;,. ... -... .. .. . . . . . . . ... , ;' ` .: : ::::. :`: Qctober:.1; 2Q1G and :that.#he;Con#r�ct expira#ion .dates �wiil remain as s�ated. ; � _:,_ . :. . ;.:. _ .:: .. ;. ; ;: : - :. :::. ;.. ; ; . . ;, ;:: - ; .: -. : ; . . ; , ,. The :unders�gned; ;acknowfed. es .fhat.: a_ments irmade. b;the Town of Ju iEer wiil be , ,... � pY Y p ! ; :m�de;°v�a electrani� fun�s trans�er (��'1� .and vendar will provide the .Town of .Jupiter _. � ,:; .:<: ;.., ,:. _ <. ... . . ;: , . ...- ; .. .: . .. . _ °: wit� :.the infarmafion required.:to m�ke. EFT payments: , , - , . ; ,:, ; ,.- , � -<; _ .. ;,::: . _ . ... _ -, ,; ; °:: ;; ;>: The. undersigned understands`and.:acc�pts that`Owner;will issue a purchase order. in � '..+f3ctober of each year of fhs contract periad for fhe estima#ed anr�ual quantify at the �� ; : , > : ;;. ; Totai :�ase Bid';Cos# F:D:B: `or.:th� Tofal Alternate $id Cost F:�:B, , whichever the . : °'` ; ` � .). , : - ..:... .: . . . . .. :.. :. :.... .. . � - : .. , . .. ;. . . :. . ...;. _. ; ... .;: ,. ;:, ° '::.;> Gonfract.is awarded`faEf�:: P.ayment to the SWI'P�I�FZ wilf,be ba�ed on.#he Total Base_ �id ( �. ;,;. ,. >Cpst.�:O�B� {per Ton) or:.:Tofa1';Alternate`gid Gost.F.O:B. �per ton) based on actual , _ ,. , ,. - ,. . ; __..- . ,;- -: ; ,. , , ,. ° :.: , c�uankit�es delivered to and received by the Owt��r. :` ;: , ,. .:. - , a °:: The u:nd�rslgned ;agrees: thaf aq. bid documents .issued for this Contract, including i - ,.: addenda, have ..been rev�gwed and; sit� vis�ts. pertarmed, as .nec�ssary ta praU�de a I i compr�henstve bid. The :undersigned.acknowledges receipt of �` `.{insert nurnber) f ". Adden�la fo.r th:is..:Bld, .; . ::':` ' . ; � ,.: ,..: . ;: _ , - , ,;':° :The is:aware`.that The`.Inspector General nf Palm Beach County has the ; ; ;: � - ''',.° authority to inve$tigat� :and ma#ters rel�ting to the negotiatiort : and performance of ; � th�s G�ntract and m fix�rtherance #hereof may demand and Qbtain.records and.testimony ! ` ,:_. ,,:. .:... . _ , f�'4m : #he Cat�tractor �r�d ; its. °subcantracEars .�nd tower tier� subcon#rackors. The ,:G�ntracfor understands and agre�s ` tha# 1n additian #o other rem�dies . and i , : < ° consequences �arovided by:law;. #he fail�re of the`:Contractor or.its subcontrac#ors or .:.. ' 17 i W9635B � � ;, . I iower tier subcontractors to fulfy cooperate with the Office of Inspectar General of Palm Beach County when requested may be deemed by the municipality to be a material ;::: i ,., breach of this cnntract}ustifying its termination. The pffice of Inspecfor General in Palm �? Beaci� County 9s established by Palm Beach County Code, Section 2-421 � 2-44d. ;. j �'ailure to cooperate with the Inspector Genera! or interFer�ng with or impeding any '`' investigatian shall be in violatian af Palm Beach County Code, Sectian 2-421 — 2-44U, and be punished pursuant to Sec#ion 125.69, Florida Statutes, in the same rnanner as a ' second degree misdemeanor. ; � � ; : >:3 f ':. � The undersigned states that this proposal is the onfy proposal for this project in which !` j he is interested. � ► `';.,'� f i COMPANY NAME �i� �leye �`'�(?Mrc:� � i � ::� : BUSINESS ADDRESS_ � �.SS �ooc�s�ec� �� ' �� J�No�S, T� ?Z �� I BUSiNESS TELEPH�NE � � 3b?' o�� P � � SIGNATURE OF RESPONSIBLE OFFlCIAL u � � PRfNT NAME & TITLE �� 1 �u5� il �a �re,��, � L'�0 I�. � ° STATE OF INCORPORATION T�K/("S ' ` DATE OF B1D SUBMlSSfON ��`� �� °° —� , i i i ►` � � � � � , i `! '1 �8 l W16356 I I � I i ;..� `! . . . .. � . � .. i ....... .... ...... . . . .. '. . .: .... . . . �'�:.. :, ::...'. � .. �:. �''.:'...�.� ' . : :�... ' ' SWORN STATEMEN7 , ' `: .: ' ':;:;:. PURSUANTT4 SEGTfON 287:133(3)(a},FLORIDA STATUES, ; , fJN QUBLIC �NTITY CR11VlES ; i - , ::. , ` THIS FQRM. MUST BE SlGNED AND SWORN T� iN THE PRESENCE 4F A NOTAi2Y ;;PUBLIC f�R QTH�R. AUTHORIZED T0 ADMIN[STER �ATH$. `-- : 1. This .sworn sta#ern�nt is submifted to C u L� o� ,.� u,�> i 1� �� [print name of the public enti#y� � i by _ �e� � �tr��lj�� i�s��E�� c:�� ; `�print indiv'tt�. uai:s ►�ame and titfe� � . . . .' ��: : � . ' . ,,, . "" , . �� E for " � �� t.Lv�i ��r / . G'vr� �� ► i _ �print n�rrte of en#ity submi#t1 .g s orn statement] ' ; . ; wftose b�usiness address`�s; : ., , °: _ . . ,. - ; : vc�� - . - !?�f.�:::� �1.� �twc�lc��l'f, �� 773f�U ; i ,. 'and (if applicable) its Federal Empla. er ldent�fication Number (FEIN) is: � , ,. :�1��' �`�`� �� `.. (If �he e�#i#y'has r�o F�IN, inctude #he Sociaf Security Number of the 3ndividuat � . signing this sworn Staternent, . . .) ; 2: i`undersfar�d. th�t .a. ppubtic entity crime" as defined in Paragraph 287.133(1)(g), Fforida Statufes;'means:a wiotafion of any state or.federal law by a person with resp�ct�v'and.direct[y refated fo the transaction ofbusiness with any public entity or : with an agency .:ar . politiGai sub�ivision of any other state or of the United ` States; including, but. not fimited to, any bid or contract fior .gaods or services tt� � `:be provided to any public entity ar an agericy ar political subdivision of any other sta�e :or ..of . the United 5tates' and invalving antitrust, #raud, �heft, bribery, i coflusion, racketeering, conSpiraGy; or materia( misr�:pre5entation. � `3.` i`�anderstand that "convicted" ar °conviction" as defined ir� Paragraph -. 287:�_33(1){b), F�orlda Statutes, means ,a �nding or guilf or a convictian of a > public entity crime, with t�r �niithvut an adjudication o# guil#, in any federa{ or state �' trial courtQf'reCOrd.;relatingto charges broughf by indictrnenf or information after � ;: Jut . 9;'1989, _as a result .of a't� v�rdic#, nor�'u trial, or en#r of a lea of uilt i Y J rY J►Y Y p g Y y or nolo cont�ndere: 4. °'I understand that an "affiliate" as clefined in Paragraph 2$7.'E 33{9 ){a), Florida ` S#atutes, means: ` 3 , 99 W1635B � i :, �� :i a. A predecessor or successor of a person canvicted of a publ�c entity crime: or ;;;� :;� b. An entity under the contral af any natural person who is active in the rnanagemen# of the entity and who has been convicted of a public entity crime. The #erm affiliate includes those afficers, directors, executives, partners, `;� sharehalders, em plo yees, memb�rs, �nd a gents who are active in the ';;�; � management of an affiliate. The ownership by one person of shares constituting ';; a contro!ling infe�esf in another person, or a pooling of equipment or income ':i among gersons when not for fair market value under an arm's length agreernent, ;,:.;� shall be a prima facie case that one person contrals another person. A persan �':: who knowingiy enters into a joint venture with a person wh,� has been convicte� 1;: of a pubtic entity crime in Flor)da during the preceding 36 months shaA be �:°. considered an affiliate. � 5. I understand that a"person" as defined in Paragraph 287,'i33{9)(e), Florida �`' S#atutes, means any natura! person or en#ify organized under the laws of any � sfafe or of the United States wifh the legal power to enter into a binding contract #"' and which bids or applies to bid on contracts fQr the provision of goads or _ seruices Isf by a public entity, or which atherwise transacts or applies to transac# ±` business with a publfc entity. The term "person" includes khose officers, �`'` direc�ors, executives, part�ers, shareholders, emplayees, members, and agents �> who are active in management of an entity, � 6. Based vn infarmation and belief, the statement which I have marked below is � true in relation to the entity submitting this swarn statement. [indicate which �° statement app(ies.� �/ <r.; /\ t�either the entity submi#ting this srrdorn statement, nor any oificers, : directors, ex�cutives, partners, sharehniders, emp[oyees, members, or agen#s �;`; who are activ� in the managemen# of the entity, nor any affitiate tif fihe entity, has been charged with and convicted of a public entiiy cr�me subseq+�ent ta July �, 1989. The entity submifting this sworn sta#�ment, ar one or more of its officers, 3' directars, executives, partners, shareholders, em�loyees, members, or agents �;: who aee acfiive in the m�nagement of the entity, or an affiliate of the entity has been charged with and convic#ed of a public entity crirne subsequent tn July �, 19$9. 4 ' ::.;:� The entity submit�ing this sworn statemen#, or one or mare of its of�icers, � directars, executives, partners, shareholders, employ�es, members, or agents ._; who are active in the management of the entity, or an affiliate of the entity has ;; been charged with and canvicted of a pub[ic entity crime subsequent to Juiy 1, ;`; 4989. Ha�+vever, there has been a subsequent proce�ding before a Hearing `;:� Officer of the State of Flarida, Divisian of Administrafive Hearings and the Fina! � �, Order entered by the Hearin� Offlcer determined that it was not in public interest !::� to place #h� entity submittmg this sworn stat�ment on the convicted vendor iist. 20 � IN1635B � `'� 1 ; _ . :.. - 1 ; _.. _-. ... __ . .. ; -.._::.;.._.:,.., _ _ , ::.:. . .. .. :. .. ;.... ,.. ,, ...,.:. ; . . ...:. ..: .. ..:. _ �:: -;. . ; : :. . , . .. : . .::. .. : . .. . .: ..:.. ..... . :.. ,:: :: , : , . ::: `., .. _ ::. ,. .. ,. . ` , :..:. .... -... : . ; : ..:. :.: : .:...... ;:.:...::..: .:;.: . - ...,:.;, ..:.; . . . ,. .. ._ . ., . ..,:..,: :::. : , ,.,..._ ; : ::;.::. [attach a copy of �the �nai : orderj ; ;. ° . _ 1�ND��STAND 'f HA'�' TH� S.UBMlSSlON :C�F THl$ 1=QRM TO THE CpNTRACTlNG � -....:: _ , .... .. .. . . . . ... . .. . . . OF�IC�R:` ;:::. ,.: ., , FQR:°THE PUBL1� E_NTtTY 1�ENTIFlED :IN.: PARAGRAP:H 1 tONE) ABOVE � ' 1S �t31�.7HA'f PUBLI� ENTfT� qNL'al �1Nb, THAT THlS FORM IS YALID THROUGH ... . '''' °::'.`: ;;...° :"[}��1BER ;31 `.OF. THE YEA�t 'IN.:"WMICH :iT `IS :FtLED, I ;ALS4 � �: . �UNDERST�►N�.THAT 1 AiIA REQUlRED TQ iNFORM THE:P.U,BLIC.ENTITY PFtlQR TQ . �,�TERi.,{�G =1NT�3 A C4P�TRACT IN :.EX�E$S OF. THE T�RE$HQLD AM4UNT 4 Rf�QV��ED °1N S�CTlG}N .:�8?,0'l7, :�tORiDA :STATUTf S FOR CATEGORY TWU OF � :........ : . : .... . ... ... . . _ ; �;,;::: ; : : : : . °°; .`:AN, : CHANGE :1N:'TH�E I�F±U , ATtO ., NTAINED 1N THIS F4RM. : _ i ,.:::: ; _ _ ,._.. ;; _ >.,. ... . . _ __ _. . . . , >.: _. - ,; : . .�. - . .. ... . . . , , <:. �.. .: ._ .:. :::,::: .:� ,. _ ..: : :....:- : _ __ _ _ .:,.. _. ..: :. . . ... i: . : . : : ..: .. ;. : , :.: ;_. ,. . _, : :.:. . r. . .., , _ ..: ...::: . . .::. ... . ; .. .. , : ...:.::.: ... � : Is:�►�ature� . _ -, ; , ; : : ; , , , ,, _ _ _, : ; > , . _ . � • , , , - ; ; ;-Sw�rn:to an�;'subscrfbed'before me #his ; ,,,.,��D� clay ofi ►'� � �� ;..: _ � : �: ..: -.::;-: : ;, : ;. . , , .:-: ,: ;:: : : ,: ::. :_. , . ,.: , :, . ;P��nn�� o�� ' �h�ea d :q � t � _ . . , _. �v � : . _ :, , ,. �� : .; , ;:;. : nl�;:Pro�uced. :ideCttiffcation; .: , ° ; ; , No#ary Pub11c �;State of �)CaS °:{Type, o� ideniif�cation) .:' ,. _ . . ,:.. ,. , : ,,. , ,. _ ...:.. . : ;..:: : M y: commi�star� expir� , s: :: . �: �„`�'� i `[ . i �i4: , � y � � � `-:..�i�{ �'-, _. � ; : . -:: . .. ,-> . .:. .. . . : : . . . .: . _. ,. �Pr�ntetl #y��d. o�'stannped commisslaned name notary : public� ; ;: : :.: �::. .. .. ..:, p . ........_�..;' . . . . ' _ � _ P _ N: ;: ; : . ;. � NEfifE;�uE �toRRisv , _. ` , .,.., , ; �,.., . Nb.f9�y.. u�l� r�9;.pf T9ica , , IY�Y.401Y :. �t� ::: t . -- r ,, ..: .. , . . E ,;.._�>::��:.:::::. ' . ... , - ' .. . .. _ . . . . � '�a�. a��r i��.�o» :: ; . ` , , ;;, .,..;. ` :..: . ......... ,_ :: :.; . ::.. :: ... .:. ,. .. ';'._ `. > ....: . . .:.. .. ;.:_ ,..._ ,.. : . , :.._ , ,.,.... _.: ,.. , _ . ... .; .: _ : . . _ __ :.,, . ' _ ..... 21 W1635B . . ; ` ,' ,; :'<:� AQDEIdDl1M NO. 1 `•j TO ::i CONTRACT DOCUMENTS AprJt 14, 2096 � f PROJECT TITLE: TOWN OF JUPlTER '' � G�NTRACT FOR SUPPLYlNG SULFURIC ACID (W1635B} �' TO: All Plan Halders of Record - : This addendum farms a part of Ehe Contract Docurnents and rnodifies fhe original Projec# � Documents as noted below. Acknowledge receipt of this Acfdendum in the space provided ' on the Bid Proposal fartn. � i 0 � � :. i11f THE FRONT END DOCUMENTS ' ADQ fhe Front �nd Documents in Ets entirety to the Bid Documents included wifh this ;:°`: addendum. ! i � ; ; .. IN THE TECHNICAL SPEGlFIGATIpNS ' ` ADD the Technical Specification for Sulfuric Ac�d in its entirety tv the Bid Documents included with this addendum. ' � ` I � , :` I � END O� AI�DENDUM 1 f ' i i ; : . ;. �- W1635B � >;i Addendum 1 � Page 1 of 1 i i i i i { ->. .:_:" ;.-..: :. . . . ,: • . :: . .; :..: ,:: .. � . ; : � Sh y rleve � hemical �mpan . ; 17551?Voodstead :... E � Thc Woodlands, TcXas : 9'i i 3..8Q . . . ! 800-3G7-4226 i Fax: 281-367-0071 E _ ! ,` C ' NJ�nday;,Aprii 25,`20iG '' . i � i 'Tos �'own :of �uplter '_ , � < ; >'l�ram: Shr�eve;Chem)cal , ; _ .. .. .. . : ... , � , R�::CfEemical Btd `W1635B�ulfur(c Acid: ; `: Ttt�is`afFidavit attests th�t,our;suifuric acld complies wlth a!I appllcab[� specifications referenced w€th[n the bld. ' W.e have`also"attache� a typical certificate af analysis tn iilustrate thts as well. � 7hank:you._ ,. � � Regards, :: - ,. : .. . - ,. . C�iis��r,�.sry�:. , : `` ° , � , �.. .:'.' ." , .':� . . . . . . . i.. �'�'l1yS Bltti'�5.;.. j �hrieve Chemical, SC Region ``�04 S Lake Florence Dr. Wintsr Haven, k`L 33884 ` P 80Q.3b7.4226 F 28 t.367.0071 � � ra o�sarc �� ; � ; � 8813 Hightivay 41 South - Rivervietiv, rlorida 335b9 ' i Telephone 813-677-9] 1 t- Tclex 52666 €:' `� PAX - Accouniiug 813•67! 6283 ! ' ` i :: SULFURIC AC`ID s :;:'. � TYPICAL AVERAG� PRODUCTION SPECIFICATIONS ; � � Seilfuriic Acid (HzSOa} 93.0% ' ' Iron (Fe) < 20 ppm � Reducing Substances as SOz <20 ppm ; Nitr�#es as NO3 QO ppm � Chlorides as Cl < 5 ppm �`' Ammonium as NHd+ < 1 ppm Aea Metals as Pb < 1 ppm Aluminum {Al) < 0.5 ppm Antimony (Sb) < 0.5 ppm Arxenic (As) < I.0 ppm CarLnium (Cd) < 0.5 �pm ' Chromium (Cr) < 1 ppm � Copper (Cu) < 0.5 ppm Lead {Pb} < 1 ppm Manganese (NLi) < 0.5 ppm MercurY (H1� < 20 ppb � Nickel (Ni} < 0.5 ppm � . ; Platinum {Pt) < 0.5 ppm � , Potassium (I� < � nn� Selenium (Se) < 0.5 ppm Zinc {Zn) < 0.5 pp�n Fixed Resiclue lI0 ppm Organ�ic Matter < 10 ppm Color 30 Turbitlity (NTin < 1 ':.;i `� � `i � IVSF � � � ce�e�ea �o nn�. u�: AMSI/NSF-80 50 m /k , .. � . .... .:... . . ..... .. .. . ;.... ,::..... : .. ::.:. <:: .:: , .. ;. ;... °..: � ,;. :::>. � .: .... .. ,:;:: � _ ,,: ;;;. > ....: . , ': _.. � °:.::.:: :::: ;::. : : . :: :.. ;::_: _ _.__ ... . .. .:::.: . .... >:: . ; .:::: . .: I - � ..:. � � � �.:.: - _: ., - lo t �c :. .. � �� . �`��`e o ' .��e a�t3ne�t o Stat`e � . _: E . . . , ; , . . � ; . : , . . ,,,, _,<:;; , ' ;; , I:c:e�i�y;�rom �lie.records:;oftkus o�cE that SI�R�EVE±CHEMICAti�CONIl'ANY. ; , ,, . �� :'�'e�as cQtporat%on �uth�rized to t�'at�,s�ct busmess �n �he Stat� of Florida, � , .:.. .�. ... , q�alatfied o�N�Yem�er 20;,2043: ' ` , . .: >: ,.. , .. . . . ;. - ; ;.. ; _ <• :. _ , : :._. , ; ,;. ; :: . : .;:: _ Tlie humber a�this .cprporation is FU�0�9�OS�S2. ` ` - ; ; ;. <. , , <.:::. ,.._.. _: <..; ,.. � ; ;,:; . . . . . • .. . <: < I:;fiartl�e� :cert� �at-:sa�d ��z��at�.Qn has p�d ail fee� due.:. s a ic� . � D�cember 3I 24i�,`tl�at;ts`�most ce��rit �nnual r�F�rt/utu.fp�rio. busiriess xeport ; ;:.vvas �tlet� on Jant�aty �2, 2�1.b, and that �its status is activ�e. ` i ;,. .::°.:.:,: , ;. ; -. >�:�i�rthex .�z�ify #hat sa�d �arpor�fion lias n�t f led a Certif cate af VVithdrawal. , ,. _ ,. ;' ; ,;_ Giveu sni�ler.my lmr�d mtd tlie . , . .. ;,. _ , - Gee�rt Seni af tlre Stnte ofFlarldn Rt Tullnlrnssee, #!re :Capltal, thls . . , :-;_.. : ::..,_ .: ;..::. ..., ;...,. the 71rv�uty,secon�l.rlay af Jn��unry, ,... ;:: ; .. 20I6 s:'::'.. :: : - :<:.::. ;. :. ;.,..:.. , �t -.. ,. ° ° .. yJ , E�r�et a S'thte nrJ' .f . . : r _.. e,�ackiugl�umuer:,±C.C5�529G2743 ° `To_eaflienNcate:fhis ieortificate,visif tde foJlowi.ng sita,�tcr #his nuenber, and t8en ' �otlovV theinstrustlons.displayed. � ;: � - _.. � ,. -.. � _ ;. r .bfkps://setvices�sanbiz.OrgJFilingslCertiBcnfe�ItStxb�s/Gerti$cateAuflteqtication i i t ,_ ` ` ' ` ` . ,. . ;.. i I � 1 ! `i Shrieve Chemical Company ' '' � �ss wooasc�a co�n f 'l'he Waodlands, 'Ce�cas 77380 � ' 800-367-422b � :. `;! Fax: 281-367-007f ` i . :; I ;`:;. , References: � G. 1. City of Hollywaod-Ralph Dlrks- Purchasing Manager, 954-921-3323, Multi-year �': i j 2, City of BoynCon Beach-Janefi Allen-Rurchasing Manager, 561-742-6322 (�` � 1 ; : 3. Indian River-Vero Beach-Jerry David-Purchasing Manager, 772-226-141$, Muiti-year � i i ;: 4. City of Cape Caral-Chris Hoffman-Purchasing Manager, 239-574-0841, Multi-Year '` 3 [[[ � [ F i ;: 5, City of Sarasota-Peter, Purchasing Manager, 9�41-951-4198, Multi Year �' � I Regards, � ` Chr'i�BtM�'vt� , Chris Burns I I :. � '. i f ` i i i i . � � I I �:1 � ] i 1 Shrieve Cl�emical, SE Regton � 2Q4 S Lake Floi�nce Dr. Winter Havere, FL 33884 P 800.367.4226 F 28l .36'7.0071 � � t NSF International �coG�s The Mosaic Company Lithia, FL AS COMPLYING WTTH NSF/ANSI 60 AND AI,L A.ppLICABLE REQLTIREMEN'�S, PRODU'CTS' APPEARING IN THE NSF OFFICIP;L LISTING ARE AUTHURZZED _TQ ,BEAR THE NSF MARI�. - i � - � °: : `.:. �'. �.�....,.�, : . . .. .:; ., �� ar�liauoa ccra.icti�n , St.�o6r _ �.. Ameacw b' � . : � �'sndlrct4 • �,itiroaW' '. . � . ,.. C i kMtqmt¢ ::. �:::.' E �' ' , . . _.. < ',.:.: �'hia.c�ci�'icatr is. she AtoR�ny;of ,�SF IctCrn�uocsl and must b�: Fcturacd.0 n st. .. r > ... . . . „ ., .. , . . , . .. „ sf:orz�. .. . . .. . . � r.� �. � � . r : � . . ,;. . . . . . _.. .. � � � . . . . . � ., . . .. �> .:<:: � '� �. . ,_ ...,.''��. tcr , P'�. : � ,. . . . , , :. : uc . :. Fcx ih.e.,m� eompler�: iatuxa:ucion. pl�.uct access �5E's we6siu (www.n ;: :: ,. `_ '..: _ . . ,., ..... r� ,�,�',�. ,. . . . ,;.. ,. . , .,..., _�:. .. . , � � �� . �� .:� .. . � , .:. .. . . . .... � .: . . . . �'.r � �, ..... . . .:r.. . . ._:.... : ;�.� ... . .� .. . _ .,.,: .. . .., . . �-� � . ��. . � ..: � . ... .. ... . . . .. . . .. . �..... . : ... . _ . . . .. . . . . �. . . . .. . . � �.�: �� .. � . ... , . , : .. . . ... ...�. .. ,. . . . ... .� : :!..,. ,.. . . . .. . . ._. : . ' � � � .. ��. . . . . .:+ .. ;�:,� . .. . . �. ._ . .... . .. . .. . :�� ... . . . � .. ... . "*.. .. . . . .... _ .. . . :,� . . . . . . � . , . ..... . �. . �"��" Ly/!!�.��`°��,r��:�"� . . � . . . �. . . . . .., . � .. . . . .;�.'': ... . . . .._ . .. .:. �:': .:� �..:.' . .. ', , , .:i . ....:.: : ..'.. l - , .��fl,20,T1. :.:.....:. `:.;:` ':: . :::::: `.:. . : ,. ; .: ..:... : ....: ..,.: . : ::: ..::::: ....;.; : : . ;,::: .: : .. . . . ,.. . : . ,; . > : , ; <; :; :.. : David Irurl�ss;:.E,mexal M er . .: :. C�t� 80960 - A9�.. ` ,:;. , ,,. . .....: . .. ... ,.. :. , ,: ... ... _ .. .:.:._. ,. . . . ...: ...; .. ,:. _. , ..:: 1�� ... . . ..:. .... . . . ..... ..:. ,: , .; . . ,.; . ,..,:. .. . .:... . , ,.,..,.. -.. :.,. ;... ,: : . ;.::::; . ,::.. .... °. ;:: . ,:.....,: : . : � _ .. .. . .. . . . . :... ... . . .:: I :.;;: , ::: . . � � SAFETY D/�TA SHEET SULFURIC AClD � I � s�hrieve Rev. Date: U2116/2015 ` i ' ::-� I . i 1. IDENTIFICATION I .:.:>;,� � ..7<i Product Name (s) 8ULFURIC ACID , , Prodi[cE Use pH adjustment, water treatment and various industrfai appYcations. Supplier Shrieva Chemical Company i: 1755 Waadslead Courk, The Woodlands, TX 77380-U5A Contact Numbers 800-387-4226 i .:.:: a .. " E-mail Cantact for SpS Cust-ServCc.�shrieve.com (cusiomer servloe) � Emergenoy Telephone CHEMTREC: 800-42M93fl0 � :: ' Number ! ; ; 2. MAZARDS IDENTIFICATION ' ° � ! � yazard Classifica8on PrecautEonary Statements ! ";� Skin Corrosion,1B DANGER! Causes severe skin burns and eye damage. f`. l .�� Causes serious eye darnage. May be corrosive to �'{ Eye Damage,l metals ' i ' Corrasive to metals,l Qo not breathe misls or vapors. Wash hands, face and forearms thoroughly after handling. Wear pE'otective I' gbves, protective clothing, eye and fac� protection. Keep anly !n original container. I I# swaliowed rinse mauth, do NOT induoe vamtlin9. ff on i" skin or hak iake off immediately all coniaminafed dothing. Rlnse sttin wNh water/shower. Wash � vontaminafed dothing before re�e. I( inhaled remove �__ person ta fresh air and keep comfartable far breathing. lmmedEatety call a doctor or poison conlrol center. If in eyes rinss caut+ousiy with water for a�:veral minuies. , Remove oontact lenses if present and easy to do so, �.: Continus r#nsing. Seek Immediete medical atteMion Absorb spillage to prevent matertal damage. SMre locked up. 5to� in e carrosion resistant container with a resistaMliner. � .; Dispose of contentslcontainer in accardance with � IocaUstate/(ederal regufations. �: I i i °, ; � i � � >, :� Shrieve Chemical Company Page 1/8 � i' I ' � , � , .: , . _. .......: . : ,. .: .. : ,. -:: , _ : ; :..,,: ..-.:.':: ,.. ::._. : . - :;.. : , :, ° :.: , SAFETY.DATA SHEET ; ,... _ ;. ,. ,: � ,:;..: . ,.:::::>_: . `. ; . ;; ; :::::::... ::: . -:. . ... ....:. . , . SULFURIC.ACID ,.>.. . ;, , ,., . <.. . > .. : :., ; ., -,:. , _ . , ..: .; : _ ;::::.;: . : :: :: - :: - , ;... ;; : ,:,; _.: >::::.:::_.... . . • , ...::.:...:. . ,.::. ,.: ;:' .�E#�r�e�ve .`;.. ..::: `::,.. :: .. � :> :: :.; ;..' ,.,. .. ... . .. ,. Rev i�te:`02l1fi2015 ;;. ..: ,.......:. ..,::.. :::. - ;:::: _ ... . ..... .. :.. .... : ;:. ' _ _ . .: :. ,.._:. _. :>. ,..:. `.. .... ;. _._' >:. <. ..... . . -:: _ � .:.::.. . . . ... . .. .. . ,. . , .. ;_._: ,,. _. �_ . � ::. ...:. . .... '. : .` .:. . ; . .. :.:. : ..... ....: ;.. _. .:... ..:.. . .: . . :: ` <;;: ` , ' , �.. ; CQMP�S�TION / IN��I2MAT#QN QN INGREDIENT3,- , . : :, . , ` orl o °; . ix r�e : � < ; :..:�s _. . - ,:.,�.,... _ - �...:. . ..... _. __ .:. .,. ,.. _. ; .-. .. ....:...: , ,:::_ . , <°;. ..,:..;,: .. :..; .::.: .: :...:.....:... ._....:: i , .. _.,:. .. -. �olnponen�t; _ _ ,:, , , , _ _ CA3 .N.o.'. . >Conc. (�) .. .. ± :.... : .... ,....... _ .. , ..: , ,.,, . ; :: .::. :. ,, . ....._.: .. : ' � .:..: . . ::.. :.: . : :.:. ..:.:..:. . ::.:.: . .. . ;..:... .....: ..:.,. ': : :::. . .:. .:. .:.:. . . ... . .:.. .. . . . . . - . , .. ._ . ,7 93 � 8 .. `' . , . . . : :,. _ .: ' . ;;,'. ;.'.$s�lfuri�;A�id `; . ::_:: : : :' .. :.: .. 6s4-93-8., . . 9. . ,:: _ .... . :.... _, :...`.;: ,:.. i � ,.::;:;.:_ ;:. _ .... ; .. . _ .,...::.: , .: : _...: -..._ ., :-.:..: : __ . . , ..:: .::. .:..:-..::... . ...:_ . . . :.:... . .: ... . . ,:. ! ;.:. : -. . ,.: ... .. . _ ;.. ::..>:. _.... . . :;..>,:::-.::.;, .... .. .: .. . ... .::. .... ,._ ;.;:.::'.; , . .; ..:.. :..>:.:.:.. . ::.:.. ..... _ . . ;<: : '.:;.. : ° : ; : °,;.:, : . :;;: �IR$T.:�1�Q::lwE�►.SURE� :.: ` : _ ':. . ,. 4 . ..: .: ,, . .::.:: . . .: :. .:: . ::;::..:..__::. ,._. .. . ,.._.::.: ,.; .., ; .:. :. :. . . . ,: :.: �nhalaficn '`. >:. ': ,> ;:: ° : .:::: : :'R.Q►,rio�re..v�tim :from.;im�►'�etll�tfl that ihe vEc�im is : __ , brea#hin If. 6C�ath is �li�ult, °adminlsler : .o�ygen, `if available. If victim ts. not - : :: -:... . ..:.. .. °:- '` . ... ,.: .. ` :.... : ..:::.: :. ,._..:: b ,:.. . : . . . . . ; ...: . . : ..: .... : :: .re�thing;:.aclri�ipisier CRR (c�rciio�ufmon�ry.resuscitallon). Seek medical aftenUon. ,°,.; ...: .......:: ... , ... ..: . . ... .... . ...:: :. .:::.. ,.. .::::.. . ..: :.,,;. ,.. _ .., , _ .... , .. .: : . ... ..: .. . . ... . ,..;..: .. . _ , ::: ;> ;. :: : ,.:.:. .:Skin' ,.;;` "In,`ca.ee;of;�irtact, ol for.�t laast 15 minutes. Seek :.medi�l '�tben�on.: (f ; irr{ta�on .:develops or :persfsts. Remove: coMaminated -: , .. : _.-. ,: : .; ;::, .... . :. °:- . .. . . , > , _ g and, shoes.before re-use ';dothing a�ehaes. �lathin , !::` .:.. ... . :. ..:. ...:.:: . >._ ::: . _ , :. . . . ;.. ,... , .. . , , ,_ ' �ye ^;. .: ,:.: ` ` .:' : . , .: : . '.Ob#ain immediate mfldic�l .alteniton. ImmediaEely flush eye with pienty water for � at Isast 2(1.60 inin4l�s:whfle holding eyeli�s open. ... ;, ... _ In�e�ti4n.: ;.;` :"; ..::`' .:: '::'.;1f vk�lm Is, qonscdous ;and, ;alert; �giv� 23 glas�es_ 4f waier to drink and da not irxluve ; : . vomql�i�. Se�it imme�iale. medlcat .ai#ention. Da nof leave vlct}m u,nalte�ided.. To � ' ;, : . ; _:`.. ,.; raduc#,'taY. .vi�tim up slde witli. head lower Utan ' `pi�v�nt., aspir#�t(on`�I suvello�wed: p. . :. ,. . :.. ; ..: .:.. ::.. ... 'wais�':Vo�itin9 maY oac[ir spontaneouslX: 1f vwni�ng accurs and tbe : vlcfim Is � �.. .. ; °. ,. .. . ; .. . cpnsraous,;9Wa �+vater.to fuitt�ec dilute the �hemical. i � .. :.:. .: .: :. :. . . . . ,.. .: .: , ;:..:.:...: ,. .:. .. : ;. ...:.. ..: _ -:. ` ` � -, . . .:..:. ..::.:. ::.. .,, ;... ; ,. ,, �, ' FIR� f1CtiHTINQ'MEAS�R�3 ; � . ,. .. . . =�ctinguis�li��'medla.:':: :. `.: : ;Use �gulstiing iitediasuJ�ble for.aur�unding fre. I �nlsultable e�tfr�gulshing Nons: � media : ,....:. ; . .. �..:...... . _. ..,... . ;: , ,- re �ighHn� ro�dures'_ ; ,.. . �iref�h��s �hoWid :vvear 1dEQSH/MISHA .. apRrove9l.;pos�ive ,, ressure br�athtnff ;::° ,: <: �. P.._ ,...::: P� ;, _:...... : ,.. . , . ..: ;..:'.� ar� :�:°Miith a I�face-pl�cQ ��iul .�dd-r�s�tant :proteotiye o r� . tg. t . :. ... _:.;:._. m � , , ;., ' _ `.:. °...: . . : maximum `.... nae. ea ler�tly.w�i.;wei�r releasmg he�t carrosive ,.. ... _.. �_ :.:....,.. ._. .. ,... _ m�terial:: . _. , .. . . >CQmdustlon p�oslucts. ; ' :... .- : Oxides af sialtur..' ': , �':....:: �:. >:. ., . .. _ ,. .. � ::. . , .. ..: ,. . i :. . _ : ; � -.... ; ::. �.; ShrleYe ChQmlcal, Com,pairy , Page 2!9 ,:. ,. . ;...:: . , � ..: . . : :. ; � - i � � 1 ;; E � ;,! ' i .:":i.' SAFETY DATA SHEET � � �_ SUL�URIC ACID � � ; _ _':: , Rev. Daie: {}2/1S/2015 i : :i ShriBVa � s I :::;i i ': r ; ::: G. ACCIDENTAL RELEASE ME,�ISURES E :`::": PersonaE Precavtions Personnel handling this material should be tho�oughly frained to handle spiqs and �; releases. Do not direct hose streams into an unignited transpo�tation spill {iank iruck �<. or fank car). � k :; > Peraonat Pratectlon Wear pro�eclive cloEhing speci0ed for normal operaHons (see secdon 8}. � j Envfronmenta! ProtscNon Do not flush to drafn. Runaff from fire cantrol or diluGon water may cause pollution. ;..:: Stop leak tf k cen be done wNhout risk. Dike spili using absorben# or impervious F'. :; Cfaan up methods • smal! ma#erials suct► as earth, sand or ctay. D�ce or reiain di[ution water or wafer from ;� epi[lage Srefighting for later disposal. `" Clean up methods -large Stop leak iF it can be done without risk. Dike sp111 using absorbent or impervious � sp111age materials such as sarth, sand or ctay. a�te or retato dtlutian water or water from ; flreffghting far laier disposal. Pump any free llquEd into att appropriate closed coniainer. Exerciae caution dur�ng neutralization as considerable hest may be �:' genereied. Caretully neutrali¢e spill with eoda ash. Absorb neutralized spill with an €`.__:F inert absorbent. Scrape up and place in appropriate cbsed container (see SectEon 7: ; s� Handling and Storage)_ � i :: I ::: j, 7. HA1dDLING AND STORAGE � Do not breathe vapors and. mis�. Do not get on skin or in eyes. This praduct reacEs �`,: � HandBng violenity wiFh bases liberaUng heat and causing spatteri�g. When diluting an add, ALWAYS add the a�d slowiy io water and stir well to avoid spatte�ing. NEVER ADD WATER T� ACID. 5torage Store fn i�htly dased cflntainers. Sfore in an area that is dry, well-ventilated, diked �' with impermeable material. � 8. EXPOSURE CONTROLS/PERSONAL PROTECTION . i: ,_. � Occu tonal exposure OmFts TWA {8 haurs} STEL 15 min Ceipng � � Components tistname m m3 Other p m mg/m3 Other prn mg/m3 Odter Notes ! Sulfu�IcAcid EtSACGIH - 1 3 - QSfln PEL - 1 - - I � .i f "i 3 f � Shrieve Chemical Company Page 3/8 � � � � � i' I i -. _ .-_ _ . �... _ .- : ..: .�..... .�.:: �.... :: ...,:. �-; : .::r....` � �•�� . . . . , . .. � !`'�..�. i�. '''. "�.'.'-.... :. � '..:..::. ._:.; :: ..:� . ' :: .:. ... ...:..�_' , � ... . .�. -� . . :��.�:..:.�_` :: ". .. ,,, ;, , _ ` sA�E�v �A�rA sH��r � ;: �; , : ; � : . , , su� �., ;;, _. _ ; ,. : , , . ° , . , _ : _ _. �: ; ; : .:,. _ _ _ : . ,: .:, ; , ., - , , , ; . ,_ , ��;:; , , : -' ; . - '. , : , - : ;, . . . , �_: ..:. ; ._ ; _ _ . ; .; , �. . . -;Ctc�upaUonaf. £7�pos�re., ` ; : ; Provide:,adecluate :ventif�ion:;.if �his'prpduF! �oFNains ingredients with ex�iosure 1imNs, Standards -: personal, workplace. ::atmosphere. o[ . biolog�il,; manitoring .may .be. requlred to • ...: deieitiii.i� fhe effaclive��ss of the..ve�tilaUon cr ot�e� �ntrol rneaSuri�s .and/Qr. the ' ,. ' ne , :. ,.::: :; . ... ,.... : :. ; ::: ° ; . > .:.. . ........ . .. ., : , .. cessify ba usE. �eapi[aiory proteCt+Ye,�Qu�ment. : . ,: { ' En�i�eeWng Controt . Wbere �n9[naering controts. ara :lndicated by us,e ��iditions or a f�r . >.. :::. :: ; . . . •Me�ures: . _. :°_ _. ;:: excessiv�:expos�lta.�xE�ts; ihe t�ad�tonal e�cposura �ontrol .te,chn[ques may �. �ie us�d to eiF�ivaly 1nICi�S1xe �empl9Yae exposures: bcal .exhausf wentilation. a� the ,_ . ::.: :: ....... .: . . point of �enerado�s. ,..,.., .. _ .;:,:..:.. _... _....- ,. ! `':;_ ::;: ::;.;:: ` :.::..:.:.. .::.: . .. ; f�@spiratory ; Pratection,... : °,: ulfhen respErators'are, r�aqui�ad,;select �dIQSH/MSHA :$pproved equlpment based on • .::. . ac�u�!_ _or pptenUaf airbome concentr�tons _�nd : ln ar,00tdais.cQ w+� :the approp�iate , ragu)atory .. .° .. �taitdards .. and/or indust�ial rea�mmendallons. _ _ , : .:: ... ' -- ,::`:.. ;: . .. ..,. ,. ,. :.. „ ... .. . ,.: . on"s� in the �tisenoe Qf other. alrbqrne ; cflntaminants, the , :: ;: ,._ �. lind.. r ltormal. cattdi#i ' ; . .. ;... . : _ : °-. :deVlp�s,ahoukl?provfde.:prolectivn'from'ih�s rriateria[ up to.:the condilions speclfled by - - : ;..:; ... _:.. ..... ;:: :..,.. : : #he apprqxiate :OSHA, WHMIS_ qr A�181_ siandard(s):, :Air-purtiying {ha�f-masklfuli-(ace) ,..: ... '::' :: _, resp�catpr with cartridges/canisier.approved for use against acid gases, , _ , , ; � .. . ... ,:.. : ..:. ;.; ., ... .; . ...... . ,..: .;.>:;HandProXectlon:_:_;.:::` _..` :_.:Cherillcal_.restsfantgi,oves: : :. <..... ,.. � e Pro(eCtlo.n ` : : . ': :: : :. E �nd fac8. roteotlprl .te i#fremenis Vv111 va �le . ndent upon ±Nark eoyironment ,... , ,.:.>•;: .: � ::..,:. ..... :. y Ye. t :� �p .. 4 � .P� ; :.:: .::......,:.. . . : . : . .:.:.. ., ,. -_, .:;:: , ,.... ,_.,.:::. . ` eq �t t s.a.n ma e a_ . an . ng pra_. cea rapna approve _ uipmQ� shouid be selected for the_ parlicular.use Intended for this mafer{�I. , ,. , ,...: : , ..... . . . :..::. ';:.: : _ . . ; , ,. ..._.._ ,,.. . :.. _ ... -... . ... , -"' �Ye ;.;,:::.,.:,:::....:,:: ,,..,:.: ,. . cbrit' �ctsFiould be,praveh�d,#hrough yse of.chemical safefy:glas�es.wlth slde � ;: -. . ._: :..:. .. ,,,.,:.. . .. �ah s�: . lash proo ;: ield or �p f eo99�es. An emergency sye was must. e rea y access e , to.the work �rea;. . ; ... .. .. .. .. .. . . . i _._ B:oi#y Pro�cNon :;:::_.. ,; ..�kfn;cAnta�t rrau�t be prpvented through the use gf permeafion iesistant �oth�� , ; ,. >. ;.. : , ; .;_ glo�e� and foolvve�,'sele�ted.with �gard.fQruss oondi�ons and sxposure potential. ; . ;.. .: `: . :: .,;;.. .: ;.;_ Ah.emetgency,ahpwer must be: rea�fly.acxesaibte io the,work area. Considerailon . , °. : must be glven botti:W as welE �as permeaUon �+esistance: ,.,.:. ...::.. :: :.... ,.. ,. :. . : : :: . .: :.::. .: :. ::9, :; PHY�lGAL:AND:`CHE iGAL`RROP�RTIES , : ,.: :. ....: .: ,. .. ; :: : �Ae�rance & .Physir.�l_ state;:.: _Calor[ess, o�y 1�4�1d . . ,,.... ;. ....... .: ..... ; odo .. ;:.-. ~..:.. : >: : no�re. :: , .. .: :......:. - . :..., , ;.__; - , ,, ;Odo�' ThresoM .......: .: ..:: ° .:. Not,�pPlicabfe ... . ,..... . ;.. . . .... .. . , pH-val�le r. :: : .::: ,. : ; �.:at 1°�lo:by w9i9hE . ;... , ::, ;:.::;:. - ::.: .. �,:::.... _ ,.., .. ;.... ; .. .. .. ... ; :' : :MeltiriglFree�ing Po1nt . . , :. . ,�36.to;=28,C:t�.3,ta.-t8 Fj . : ; ... ,_.. -lnitial_ B..oilln� P�Ent ...;:,;:;:; `..161 M:278 C(3�4 tu 529.F�) 760 mmHg �.: .. , _. ,.. . _. , , : . , � ngs. . , _ .::::: .. . „ _ _ : <. ?flaah Pol.nf `. : ' ` . 'NQE applicable . . $hrleve Chemical Company . . Page 9/8 I >� � SAFETY DA7A SMEET I `' SUl.FURlC ACID 1 3 snriev6 Rev. bate: 02/96t2095 ; ,:� � 1 I j '.'.' Evaporatlan Rate Not available Flammabllity Not applicable ' " ! ::> `.:. Upper/Lower Expiosion Not avaDable �:; Limfts Vapor Pressure 1 to 0 mmHg at 40 C(104 F) Vapor Dsnsity 3.4 ; Retafive deneEty 1.6-7.8 (26.'C) i : .>j Denslly 1.6 to 1.8 gJml at 25 C(77 F). Salu6Uify Dispersible in water 3 Partial coefftclent Not available {n-octanollwater� �: Auto-Ignitlon Temperature Plot avaltable E:::. Decnmposition Temperature lVot availabls f Vlscoslty Nof available � I ' 70. STABILITY AIdD REACTIVITY � � Stabtlify Stable under normal condiGons of use. � Condifions To Avoid None known. Irtcampatihle Materia[s Reacts vio[ently with water. Avoid sirong reducting agenb, halog0ns, bases, melals and niirogen compaunds. I Thermal Decomposiflon Oxides of suifur � Products { i. � i � : i I :,: j. . �:: I f: °' i , E t Shrieve Cbemica[ Company Page 5/S ! _ i ; SAFETY DATA SHEET , SUI,FURI AClD � C i ; - Rev. Date: 02/18/2015 , , $l iriev�_. . :. 3 i i 1�. . TQXiC�JLOGICAl,1NFORMATION . �asis fior�ssessment �n[omiatlon gJven is based on ihe bxk:ology Ifterature � ; .. . <, $klry. irrit�tiori .. No iest daia found. 'Thls product was not �sted because strong acids are hnauun ; . .. .. .. . _.:. . . . . . Ue � : .. .) i.�_ .._ ..: .. . . . . . . . � - . . ., ..�..:: :.. . . . . . . . j _..... ... , . .�: . ta be corroside. and cause severe fiss destrudlon. " ,.: � , Eye irritafion .:. 250. uy/24 hr, rabblt. Sevarely iMtaiing. pcuts'#oxi.clty`-.Dermal ND, � ;.:: 1.C50 =..1�dtal vonoentration 5U96 of tesf spedes� 510 mglcu ml2 hr, rat. III - 'Acu�e'�oxicity. r tnhal�tion : 1.G50 = lethal,concentration 5Q�O of test $pecles. 347 ppmti hr, rat � _. , Aet�te #oxiclf� =1}ral _ cles, 2140 m9/k9, raf. l.oso �ethal aose so� of ��si spe , itepeate�l.dose.toxtcity. ' T_his product c�nt�ins sukstanves that are considered to be probably or suspected ,. hu�rian cardnogens.. ,The IntemaGonal Agency for Research on cancer {IARC� has - dasslfied.strang inorga,niq acld rtilste.containing aulfuric add as a lcnown human carclnogcn (tqRC:Cete,�ory 1), This, olassification appqes onty to sulfu�ic acid when `i#. is �enerated, as. a mis� There is still dQbate:ln tite sc�ntific community wt�ether the:$tudies reviawed by JARC adequately contmiled for coniounding accupationai � exposures arid :.personal h�bits __such as ctgareite smolcing and aknhol ; , , oon,suti7ptian. A few epiclenti,ology studies have suggested a possble association ; between s�ilfur�c �c�d exposure and la�}rngea! n� lung cancer; however, in all Ehese _: stuilies, lyorkers .were.:.exposed to ,many other chemicals, some of which are ens, such as diethylsulFata and nlcket. Cansiderir� fhe multipie - ARCs s�te gnized carcinog tnical eKposures and other Ilmifations o.f ihe studies, we disagree wilh t conclusiun that a�ause srid effect retatlonshlp beiween cancer and exposwe to stroi?g Inorganic acid mist conta#ning $utfuric aad.has been demons#rated. ,. ;_ . Mutagenictty, ND. . Developmenta! toxicltY NR. 12..° �COLOGlCAL IN�ORMATIQN, 8asis.#orAssessment The :toxlcity of suliuric_ add to Rsh is .aiependent on the resu�ing pH of the water. (eiifafity :at. a pH of 5.0 pr betow.. required to.cause.letha�ty varles depending on the hardnQSS of tha water �hard water has some bc�ffering capactty} and the specfes of flsh (sQine. flsh,are rnor� resistant. #o the effe�s of �ad(ty). Mc�ee, JE, and Wolf, HA �F.ad,�ors}, Waiier Qu�Eity Crtteria, 2n� �., Publfcafion No. 3�4, p. 278, Califarnia State �iVater ti�soutoes ConUa1 BoaN. Sarxamento, CA (�v.1963). _: , Mobiltty : ` , ,._ ," . ND PeralstenCe/degradabflity, . : ND : � 'Bio�ccumulatlon ;;. ND .. Freshwster F)sh 7oxlcif.y ND ,: 8hde1(e Chemka! Company Page 618 � i � .: :: � SAFE7Y DATA SHEET ` I 3ULFURIC ACID � l � ;::: i . ';; I �� Rev. Date: 4217 6/2 0 1 5 � j : ..� Freshwaterinvertebretes IdD 'i Toxictty Acute foxlctty - algae ND I:. Acute toxtcity - bacteria ND i i 13. Df3POSAL CONSIDERATlONS Waste disposal Chemical adcliiions, prooessEng or othervvise alfering this maieria! may maka ihe !:° : wasie management informailon preaented in this MSDS incomplete, inacxurate or �� othe[wiae in�propriafe. Please be advised that skake and local tequiremenis for ' wasle disposal may be more restric�ive or otherwise difierent from federal laws and regulations. Consult state and foca! regulations regarding the propsr disposaf of this � maierial. � Container dfsposal Drain coniainer and rinse thoroughly. 3'unclure c�ntainer to avoid reuse. Dispose to ' licensed disposat contractor. ; _:: j Lacal Legtsla#lon The recommendatfoos g9ven are considered appropriaie for safe disposal However, bcal regulations may be more slringeni and ihese must be com�ied with. [" � � 74. TRANSPORT iNFORMAT[�N � i DOT Ciassiiicatlan UN1830, S, PGII �"` R :: SULFUR3CACIp ; , � Reporiable quanGty: 1000 LBS j i i. .:;:? �15. REGULATORY INFURMATION I I INT�RNA7'lOPIAL REQIS;RATION: � T3CA (U3A) All c�rtponents listed or exempted. 3ARA 3021304139'[/312 extremely hazardous substa�ces: Sulfuric Add,1000 Ibs. SARA 302J344 emergency ptanning and notiflcatlon: Suifuric Acid SARA 302/3Q41311/31� hazardous chemicals: .Sulfurtc Add 8ARA S11/312 MSDS distrlbut(on - chemiaat tnventory - hazard identiflcafion: SU�.Fl1RIC ACID; Immediate (acute) health hazard, Reactive Hazard. CERCI.A: Wazardous substances.: SulfuricAcid, 10001bs, � Shrieve Chetnical Company Page 7/8 � I ! I � � � ' �. ,. � . . . � . � � � . { . . �.�.. . .:... . . ._ . .. . . . � �. -.:,..,:: : :. �. .. '. ,'..'_ . .. : :... ... . �. . . . . . . . t SAFETY DATA SHEET ' ' �_ SULFURIC AC1D � 1 _. { ,. ... ;. , ,. Rev aale 02l1612015 ' 8hr�evie . . i ' 16. :: OTHER INFORMATiON . . ; ' `HE�1.3H 3 . :_. . _ ' . `:,FIRE:HAZARD: 0. : ,.. .. _ . ... KEACTIVITY: 2 Prepared by; _..: :. Audris Kln� I ReVfstonst .. `: 02/18/2016; UpdatQd sec�ions 2, 3, 9. Come�ted to GSH format. j 'IQ'l0/2a93: Upda#ed format I 'I'fie intotmation is based.on :the. data.of which we are aware and is believed to be correct as of the daia hereof. Since ihe (nfomiafEon contained herein may be appliad und�r «�nnd�ions beyond our control and with whic� we may be � '' '.. „„ unf�mil€ar�and sinoe data m8de ava�labb �ub$equent to the.date hereof may suggest modification of lhe lnforma�on, uve _du pot assume. any re8por�sibHity for the tesult af !ts use, This )nformation is fumished upon condition ihat the � Qrson reoelvl it shall malte his own detem�iinatirm oF the suitabitlty of the. mat�ria! for ,h,is pa�ticu�ar purpose. 1 . .. ' .. .. . . 3 ' ...� � � , , ' . ' , � � . ...... . ... �. .. _ ._. : . .._ _: . ' . � . . . . . ' 1 . � ' . . . . . . . . . . , _ . � ...'.. ' ... . . . : .' . . .. - ' Shrfeve Chemtc,al Company Page 8/8 � � I NOTlCE OF INTENT TO AWARD TO: Shrieve Chemical 1755 Woodstead Ct The Woodlands, TX 77380 ATT: Ted Threadgill, President & CEO Project: Chemical Bid W'[6358 Contract for Supplying Sulfuric Acid Town of Jupiter Utilities � Jupiter, Florida To Whom lt May Concem: This is to advise that it is aur intent to recommend award to the Jupiter Town Council for a Contract to supply sulfuric acid as a result of your bid submitted on May 3, 2Q16 in the amount of $94.50 per ton F.O.B for (1) year(s). Two (2} sets of Contracf Documents are included with this letter. Each set contains an unexecuted agreement and the requirement for attaching a Certificate of Insurance to each (2 total). Please execute both se#s of the Agreement and re#urn both sets to my attention within ftfteen (15) consecutive calendar days from June '�0, 20'!6. You w�lf be notified of the date the recommendation for award will go before the Town Council and #he Counci['s decision as soon as it becomes available. One fully executed original contract will be returned to you for your records. We look forward to working with your #irm on this contract. Sincerely, ��. Amanda Z. Barnes, P.E. Town of Jupiter Assistant Director of Utilities 22 W1635B NOTICE OF AWARD TO: Shrieve Chemical '! 755 Woods#ead Ct The Woodlands, TX 77380 ATT: Ted Threadgi[I, President & CEO Project: Chemical Bid W1635B Contract for Supplying Sulfuric Acid Town of Jupiter Utilities Jupiter, Fforida To Whorn It May Concem: This is to advise that on May 17, 2016, the Jupiter Town Council voted to approve award of the Contract to supp[y suffuric acid as a resul# of your bid submitted on May 3, 2016 in the amount of $94.50 per ton F.�.B for (1 } year(s). We look forward to working with your firm on this con#rac#. Si rely, Amanda Z. Barnes, P.E. Town of Jupiter Assistant Director of Utilities 23 W1635B ,_ ., . AGREEMENT{CONTRACTI ` BETWEEN OWNER AND SUPPLIER T.HIS AGREEMENT.is dated as of the � day of O('+a�l� in the year 2016 by. �nd. befween Town of Jupiter (hereinafter called OWNER) and Shrieve Chemical (hereinafter Galfed SUPPLIER). OWNER and SUPPLIER, in consideration of the mutual covenants hereinafter set forth, agree as foflaws: Article,l. ' WQRK. : 6UPPLIER sha[l complete all Work as specified or indicated in ; the Contract Documents. The Work is generalfy described as follows: Su_pply the �"own of .Jupiter Utilities 11Vater Treafinent Plant with sulfuric acid .for a period of one year beginning Oc#ober 1, 2016 fihrough � <. . $eptember. 2017 in accordance with the Base Bid and contract specifications. The Project for which �e Work under the Contract Docurnents may be the uvhole.or only a par# is generally described as follaws: CHEAflfCAL BID W1635B CONTRACT FOR SUPPLYING SULFURIC ACID FOR TOWN OF JUPITER UTILlTIES JUPITER, FLORIDA Article 2. GOODS AND SERVICE$. SUPPLIER shall fur�ish the Goods and other services as specified or indicated in #he Procurement Documents. The Goods #o be furnished are generally described as follows: 'Tqwn .of �lupifer Utilifies _ Chemical8id W96358 C.ontract for Supplying Sulfuric Acid I ° Article 3. . POINT OF DELIVERY. The piace where the Goods are to be delivered is , the point of deliyery and is designated as: Town of Jupiter Water Treatment Plant ' 17403 Central Boulevard ; Jupifer, Florida 33458 24 ' W 1635B Article 4. CON'�RACT TlME. . The ; Goods. are #o .be delivered to the : point of delivery and ready for , . OWNER`s acceptance of delivery during the rnonth of October, 2016 as ou#iined in the spec�cations, or as agreed on between the Town and ;Supplier: Contract shall continue for one (1) year to September 30, 2017. .::Article'v. ':CONTRACT PRICE. UVIIIdER °shall pay SUPPLIER for furnishing the Goods and Special Services and #or . performing : other services in accordance with the Pracurement Documents in current funds as follows: ;According to the Total Base Bid Cos# F.O.B. (per Ton) as presen#ed in the 'Notice:of Award: : �rticle 6:. :' PAYMENT PROCEDURES. ` Payments made by the OWNER wil! be made via Efectronic Funds Transfer (EFi"). :SUPP�IER will provide the OWMER with the information ,; reg�ired to �nake EFT payments. SUPPLIER.. sh:all 'invoice the . �wner after delivery of material and acceptance by Owner: Articl.e 7. `SUPPLI�R .:S REPRESENTATIUNS. In order °#o :induce .OWNER to enter into this Procurement Agreement SUPPL.IER makes. the following representations: 7��. SUPP.LIER has. familiarized himsetF with the nature and e�ent of the � Procurement :Documents and has given OWNER written notice of ail i ` conflicts : `errors : oc tliscrepancies that he has discovered in the , Pr�curement Documents and the written resolution thereof by OWNER is acceptab[e to SUPPLIER. 7:2: SUPPLIER fias fami[iarized himself with all locat conditions and federal, state and local 1aws, ordinances, ru[es and regulations that in any manner may affect, the .'producfiion and delive.ry of the Goods and furnishing of Special,Services and other services in connection therewith. 7.3. SUPPLIER does not require additional information from OWNER to enable SUPPLIER �o furnish the Goods, Speciaf services and other services at the Contract Price, within the Contract Time and in accordance „ with #he other terms and conditions. of the Procurement documents. 25 W1635B ,... Article $.. ' PROCUR�MENT DqCUMENTS. ` Th� Procurement . DQCUments which comprise fhe entire agreement ; befween OWNER. and SUPPLIER are attaChed to, or accompany, this `. ° Procurement.Agreement, made a par# hereof and cansist of the #ollowing: '8.`9,°: Advertisement for Bid 8.2: Instru�tions to Bidders 8:�. Proposal. ' ` 8:4, . Sworn Sfiatement 8.5: :. Natice of lnten# #o Award `. $:6; .'This.:Procurement Agreement (pages 23 to 2$, inclusive). 8.7: flpinion of Town Attorney 8.8. Notice to Proceed 8.9: ;Procurement Specifcations bearing the title Town of Jupiter °. Chemical Bid :W9432B Contract for Supplying Sulfuric Acid , _ ; , 8:'IO.: S�PPfier's Proposa� 8.'1'[_._ Any Modifrca�ions, : including Change Orders, duly delivered after execution of this : Procuremenfi Agreement. :'Article 9. MISCfLLANEOUS 9.'[: No assi�nment by a:party hereto of any rights under or interests in the Procurem�nt Documents will be binding on anoth�er party hereto without ! tF�e. conssnf of #he party sought to be bound; and specifica[ly but itiithout limitation, moneys that may become due and moneys that are due may not be assigned.withou# such consent (except to the extent that the effect, of this restriction may be limited bylaw}, and �nless specifically � ° stafed to'the contrary in .any written consenf to an assignment, no assignment wi[l release or discharge the assignor from any duty or - r.esponsibility under #he Frocurement Documents. 26 W16356 9:2. OV1lN�R: SUPPLIER each binds himself, his partners, successors, assigns and (egal. representatiyes fo the other party here#a, his partners, successars;'assigns:anci legal representatives in respect to all covenants, agreements and obligations contained in the Procurement Documents. ` 9.`3. The SUPPLIER is aware that The Inspector General of Palm Beach Count.y has the authority to investigate and audif matters relafing to the negotia#ion: and perFormance .of #his Contract and in furtherance thereof , may demand and obtain records and testimony from the SUPPLIER and its.: _subcontractors and lower tier subcontractors. The SUPPLIER understands. and ' agrees that in addition to other remedies and 'conseguences: pro�ided by (aw, the failure of the SUPPLIER or its subconfractors : or :iower .tier subcontractors to fully cooperate with #he Office .ofi Inspector Genera! of Palm Beach County when requested may ` b� :deemed by #he municipality to be a materia# breach of this contract , _ 'justifying its. #erminafion. The Office of Inspector General in Palm Beach Goun.ty is .established. by Palm Beach. _Caunty Code, Section 2-42'T - 2- `.440. Failure #o coaperate with the Inspector General or interFering with or ' impeding _any inves#igafion shall be in violation of Palm Beach Count}r Code;` Section 2-42� - 2-440, and be punished pursuant to Section ;125:69, Florida Statutes, in the same manner as a secand degree °misdem�anor. ,. 9.�. The SUPPLiER $hall comply with public records laws Chapter '[ 19, Florida -. - Statutes; specifically #o: Keep and maintain public records that ordinarily and :nece�sarily,:would be required by the TOWN in order to perform the ' service; Provide.#he public with access ta public records on the same terms and.conditior�s �fl�at the TOWN would provide the records and at a cost that does not exceed the cast provided in Chapter 119, F.S. or as _ otMen�vise proyided by [aw; :Ensure that public records that are exempt or - Gonfdsntial and exempt firom public records disc(osure requir�ments are not disclosed exempt as authorized by law; Meet al! requirements for refaining :pubiic .records and transfer, at no cost, to the TOWN ali public `. reaords in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt of confiden�ial and exempt ftom public disclosure requirements. All records stored electronically must be provided to the TOWN in a format that is compatible with the �nfor�afion technology systems of the TOWN. If the SUPPL[ER does not com.ply with a public records request, the public agency sha[I enforce the contract proyisions in accardance with the contract. � � 119.070'I `Contracts; public records. — {3) For purposes of this section, the term: 27 W1635B (c) '`Contractor" or ."SUPPLIER" . means an individual, partnership, corporation, or business entiiy that enters into a contract for ser+vices with a public agency and is acting on behaff of the public >: agency is provided under s. 119.01'1(2). (d) '`Public `agency" means a state, county, district, authority, or municipa[ afficer, or department, division, board, bureau, '° com.r�ission, or other .separate unit government created or estabftshed by .law. �4) . l:n addition to other contract requirements provided by law, each public agency contract for `serrrices must include a provision that requires the . contractar `#o comply with public records laws, �pecificat�y to: (e) : Keep and maintain public .records that ordinarily and necessarily would be reyuired by the public agency in order to perForm the seruice. (fj Provide the. public with access to public records on the same terms '. anct oonc�itions #hat the public agency woufd provide the records and at..a cost #hat does not exceed the cost provided in this chapter or as otherwise provided by law. (g} Ensure ` that pub[ic records that are exempt or confidential and exempt from public .records disclosure requirements are not disclosed except as author�zed by law. (h�) ' Meet ,afl requirements far retaining pub[ic records and transfer, at na cast, to th� pu.blic agency all public records in possession of the contractor : upon termination of the contract and destroy any duplica#e public.records that are exempt or confidential and exempt ``frorn. public r.ecords disclosure requirements. Afl records stored electconically must be proyided to the public agency in a format that ; is compatible with the information technology systems of the public � ` agency, If the SUPPLIER does not comply with a public records request, the public agency shall enforce the con�ract �arovisions in accordance with the Contract. � ; i I THIS SPACE INTENTIONALLY LEFT BLANK PROCEED TO NEXT PAGE. 28 W1635B ' IN VI�ITNESS WHEREO.F., the par�ies hereto have s[gned 2 copies of this Agreement. At Ieast one cou.nte.rparE e�ch has been delivered ta OWNER and SUPPL.f ER. All portions of the Contract°Documents have been signed or �dentified by OWNER and SUPPLIER. " QWNER `: . SUPPLIER ;.;::;. ``:Town of Jupiter' ` . ` Shrieve Chemical ; Military Trail 1755 Woodstead Ct '' Jupiter, Fl. . 33458 . The Woodlands, TX 77380 By: B t ' :� Todd odraska, Mayor : .. {CORPORATE SEAL) ' ' �1TT T , ` ATTE$T � � �`� '�� ,� r � .. . ; � �� ,P��- Sally :Boylar�; Town Cl�rk w"��,. PRINT NAME, TlTLE: p�l Dq, �''� Q q �� y � (TOWN SEAL) �„_ 4 �� ' � � � _ �. - � ""' ~ - 7 � �. .�- � � �.� A_1 wireJ92S�io ` I� � 1 � ��. � � i _ ; I ; - I 29 W1635B OPINI�N OF TOWN ATTORNEY This is to certify that 1 have examined the attached Contract Documents, that after suc� examination, f am of the opinion that such documents conform to the laws af the State of Florida, fihat the execution of the Contract is in due and proper form, that the representative of the respective Contracting Parties have full power and authority to execute such Contract on behalf o#' the respective Contracting Parties and that the foregoing agreements constitute valid and binding obligations on such parties. � � .—' %� .� � i : i' : � Thomas J. �I , Esquir Attorney for upiter � This the �day of _ c �w� � , -- � �. 30 W1635B STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Preplred by ENGIN��R,S JOIIVT CaNTRACT DOCUMCNTS COMMITTGE and Issued And PubiIshed dointly By 11 C E� Nationa/ SocJeRy ot �� qmerican Society Professiona/ Engineers of Civi! �nginsers A}IIMIUN�ANPtl1.11f F.YbIMfMINBl�OAIYARIH Prolesslonal Engtneorsln P�IVate PracNce PROFESSIONAL ENGINEERS IN PRIVATE PRACTIC� a practtce clivision of tlie NATIONAL SOCIETI' OF PROFESSIONAL ENGINEERS Atvg?RICAN COUNCIL OF ENGINEERWG COMPAMES AMERICAN SOCIETY OF CIVIL �.NGINEERS Tl�is document has been approved and endorsed by � �c , ¢ �� Tl�e Associated Geueral Conh•actors of Amcrioa � Nnadedqa for Cnalinp � wKf 6uelalninp . Iho Oufll EnhralmeM Const►•uction Specifications Institute CJCDC C-706 Stflndnrd Gcocral Conditions of the ConslrucHou Contrect. Copyright &9 2002 Nntionei Sociery of Professionnl �ugiuccrs for EJCDC. All riglUs rescrved. 00700 - 0 I I I I I I I i � ; I � Copyright �2002 i t Natioual Society of Professional Engineers I 1420 King Street, Alexaudri�, VA 22314 Acnerican Council of Engineering Compatues � 1015 lStti Sh•eet, N.W., Washington, DC 20005 I American Society of Civil Bngineers 1801 Alexander Belt Drive, Reston, VA 20191-4400 I These General Conciitions have been prepared for use with tlte Suggested Focros of Agreetnant Between Owner and Contractor Nos, C-520 or G525 (2002 Editions). Their provisions are interrelaced and A chan�a in one may necessitate a change in the other. Comments coiiceruiug their usage are contained I�i the EJCDC Constiliction Documents, General and � Tnstructions (No. C-001) (2002 Edition). For guidance in tiie preparation of Sapplementary Conditioi�s, see Guide to the � Preparation of Supplementa Conditions (No. C-800) (2002 �dition . I I �dCDC C-700 Sfnndnrd Genernl Conditions �f the Consfruction Contrnct. Copyright � 2002 Nxtional Society oPProfcssionnl �ngineers for EJCDC. All rig�ls rescrvcd. 00'100 -1 I �JCDC G700 5taudnrd Genernl Conditions of tho Construction Contrflet, Copyrigltt � 2002 Nntional Socicty of ProPessfoonl F.ngineers for EJCDC, All righis reserved. ao�oo - z i ( I I TABLE OI' COI�IT�NTS P-� I ARTICLE 1- DEFINITIONS AND TERMINOLOGY ..............................................................................................................6 � 1.01 Defirae�iTern�s ..........................................................................................................................................................6 ].02 Ter�rrinology .............................................................................................................................................................8 ARTICLE 2 - PRELIMINARY MATTERS ...............................................................................................................................9 2.01 De�ive�y ofBonds and Evidence of Irrsurar�ce .........................................................................................................9 I 2.02 CopiesnfDocrtments ...............................................................................................................................................9 2 .03 Cannrencement of Contract Times. Nolice to P�•oeeecl ...........................................................................................9 2.04 Stariirtgthe Work .....................................................................................................................................................9 2.05 Befor•e Sta��Irng Consh�uetion .................................................:.................................................................................9 I 2.06 Preconslf�t�clion Conference ....................................................................................................................................9 2.07 Initfal flcceptance ofSchedrtles ...............................................................................................................................9 ARTICLE 3- CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE „ ....................................................................10 3.01 �i�fenl ...................................................................................................................................................................... I 3.02 Referertce Staf�dards ..............................................................................................................................................10 � 3.03 Reporting uncl Resolving Discrepancies ................................................................................................................10 3.04 Amerrding and S:�pplenie�atrrrg Contr�act Docunients .............................................................................................. l 1 3.05 Itetrse ofl�ocume��ls ...............................................................................................................................................tl I 3.06 F/ectrnnic Data ......................................................................................................................................................1 l ARTICLE 4- AVAILABILITY OF LANDS; SUBSLJRFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAI., CONDITIONS; REF�,R�NCE POINTS ................................................................................................ I 1 4.O1 Availubilily o/'Lands ..............................................................................................................................................1 l I 4.02 S:tbstuf�ce and Physrcnf Conclltiorts ...................................................................................................................... 4.03 D�"eringSrrbsiofaceor•PhysicalConditions ........................................................................................................12 A.04 Uncler•gt•aund Facilities ..........................................................................................................................................13 I 4.05 ReferencePoints ....................................................................................................................................................13 4.06 Hazardous Envir•ora��e»tal Condition at Site .........................................................................................................13 AItTICLE 5- BONDS AND IIVSURANCE ........... ...........................................�........,....,,.,,..........,...,.,....,,.........................14 .... 5,01 Pe�for�t�ance, l'ayinenl, mtd Olher Bonc�s ..............................................................................................................14 � 5 .02 Licensed Surelies and ifrs:u•ers ..............................................................................................................................15 5.03 CerYrficntes oflns:u•a�rce ........................................................................................................................................15 5.04 Contracto�''s Liabrlity b�st�rance ...........................................................................................................................15 5 .05 O�vner's Liabilily Instv�a�rce ..................................................................................................................................16 S.OG Property Insw�artce ................................................................................................................................................16 5.07 Yi'aiver ofRighis .....................................................................................................................................................17 5.08 Receipt a��d�lpplicallof� oflrrsw•ar�ce Pr•oceeds ....................................................................................................17 5.09 Accepinnce ofl3onds nr�d b�s:r��m�ce; Optian to Replace .......................................................................................17 � 5.10 Partia! Utilizairon, Acknotivledgment ofP►•opertylrasurer .....................................................................................18 ARTTCLE 6 - CONTRACTOR'S RESPONSIFiII.IT�S ..........................................................................................................18 6.01 SrrpervisrortandSttperir�tende��ce ..........................................................................................................................18 6.02 LaGor; i�'orkiragHours ...........................................................................................................................................18 I 6.03 Services, A�alw�ials, and E�t�ij»>ten1 ....................................................................................................................... 6.0�} Progress Sched:tle .................................................................................................................................................. 6.05 S:rbsticattes and "Or-L9�ials" ..... .. ...................................................................................................................... 6 .06 Co�7cer�tingSi�bcontraclors, Siepplie�s, and Olhers ...............................................................................................20 G.07 Paten! Fees and Royullres ......................................................................................................................................21 G.08 Pe,•n�its ...................................................................................................................................................................2� 6.09 Lm��s a�ad ReguTatioirs ............................................................................................................................................21 I 6.1U Tares ...................................................................................................................................................................... 6.11 Use ofSite and Other�ll�eas ...................................................................................................................................2 6.I2 Recorr�Docru�tents .................................................................................................................................................22 6.13 SafetycrnclProtec!lon .............................................................................................................................................22 I 6.14 Sq/'etyReprese��talive .............................................................................................................................................23 G.15 Hazai•d Cam�ntrnrcation Pr•ogranis ................................................ .......... ... . . ...................... ....... . . . .. ...23 . .. .. . � ,. .,. .�.�. . . . EJCDC G700 Sten�erd Genernl Condifioos of fhc Conslrucllon Contrnet. CopyrtgLt m 2002 Netional Soeiely ofProfessionel Cngineers foe �JCDC, All rights reseived. I 00700 - 3 ( 1 6.16 Einergenc�es ........................................................................................................................................................ 6.17 Shop Drcnvings artd San�ples ................................................................................................................................. 6.18 Caniin�iing lhe Wnrk .............................................................................................................................................. (.19 Corrtracla�'s General f3'arranty and Guar anlee ....................................................................................................24 G.20 I�demnifrcntion .. .................................................................................................................................................. .. 6.21 Delegatton ofPr•ofesslonal DesignServtces ..........................................................................................................25 AFi'fICLE 7- OTHER W�RK AT THE SITB ......................................................................................................................... 7.01 Related Wor�k at Site .:............................................................................................................................................. 7,Q2 Cooedinatio�s .......................................................................................................................................................... 7.03 Legal Relallonships ................................................................................................................................................ ARTICLE 8 � OWIVER'S RESPONSIBILITIES ...................................................................................................................... 8.01 Communicalions lo Confractor .............................................................................................................................. 8.02 Repince»teftt of�ngi�7ee�� ....................................................................................................................................... 8 .03 Ftrr�nlsh Datn ..........................................................................................�...,,................. 8 .04 Pay Wlretr D��e ............................... ....................................................................................................................... 8 .Q5 Lands and Easemenls; Repoi•1s a��d Tests .............................................................................................................. S.O6 Insru•ance ..... .............................................................................26 .................................................................... ......... , 8.07 Chnnge Ot•da►s ....................................................................................................................................................... 8.08 Inspeclions, Tesls, andApprovals .......................................................................................................................... 8.09 Limitatio�rs ort Owner's Resporr,ril�ilitie.s ............................................................................................................... 8.10 Uadiscloser! Flc�zardo�ts Environnrenlal Condllion ................................................................................................27 8.11 EvidenceofFrnattcial�fr�r•crnge�trents ..................................................................................................................... ARTIGLE 9- ENGINEER'S STATUS DURING CONSTRUCTION .....................................................................................27 9.01 Ow��e1�'s Repl•esentalive ......................................................................................................................................... 9.02 i�isits lo Site ........................................................................................................................................................... 9.03 Pt�oject Repi�esentalive ........................................................................................................................................... 9.04 Arilhorized Yar•iations in I�J�ark .............................................................................................................................. 9.05 RejectingDefective Work ....................................................................................................................................... 9.06 Shop Drmvings, Chn��ge Or�lers unclPuy»rerits ..................................................................................................... 9.07 Deterntina�ionsfo►• UnitP��ice YVork ...................................................................................................................... 9.08 Decisioyrs on Re�uirenrents of Contract Docinnents ri►�d Acceptablli[y of Yl�ork ...................................................28 9.09 Lrrnilnlior�s on Engineer's Ar<<)ro�•i1y and Res�oi�sibilities .....................................................................................28 ARTICLE 10 - C�-IANGES IN TtIL� WORK; CLAIMS ...........................................................................................................28 1Q.01 Airthorized Changes in the Y)'ork ........................................................................................................................... 10.02 Unatrthorfzed CHar�ges in the Wa�k ....................................................................................................................... 10.03 Fxecutiorr of Change Orders .................................................................................................................................. 10.04 Nolrficalro�t to Su�•efy ............................................................................................................................................. 10.05 Glaims .................................................................................................................................................................... ARTICL� 11 - COST' OF THE WORI{; ALLOWANCES; UMT PItIC� WOItIC ..................................................................30 11.01 Cost of(fre Work .................................................................................................................................................... 11,02 Allotivances ............................................................................................................................................................. 11,03 Unit Price YYork ..................................................................................................................................................... ARTICL� 12 - CHANGE O� CONTKAC'T PRICE; CHANGfi OF CONTRACT TIMES .....................................................32 12,01 Change ofConb�acl Prfce ...................................................................................................................................... 12.02 Chattge ofContract Tinres ..................................................................................................................................... 12,03 DeJays .................................................................................................................................................. ................33 ARTICLE 13 - TESTS AND INSPECTIONS; CQRRECTTON, REMOVAL OR ACCEPTATICE OI' DEPECTiVE WORK.......33 13,01 Notrce ofDefects .................................................................................................................................................... 13.02 Access to YVa•k ...............................................................................................:....................................................... 13,03 Test.sartdlnspections ............................................................................................................................................. 13.04 Uncove�•itagWork ............... ................................................................................................................................... 13.05 O�vner May Stop the 1d�a�k ..................................................................................................................................... 13,06 Correctlos� or Re�rro>>al ofDefective Wor•k ............................................................................................................. 13.07 Cw�rectia» Perfotl .................................................................................................................................................. ]3.08 Acceplance ofDefec�ive WorJc ............................................................................................................................. .35 13.09 O�vner Cvrrect Defeclive Jd'ork ........... ........................ ... ............................................................................. , , � ART'ICLE 14 - PAYME1�iTS '1 O CONTRACTOR AND COMPLETION ..............................................................................36 14.01 Schedule ojYalues ................................................................................................................................................. 14,02 Prog��ess Pay»renls ................................................................................................................................................. 14.03 Contractor'e� Ti'ar��anty of TY(le .............................................................................................................................. 14.04 S��bstanlial Cornpletion.... „ ............................ ..................... ............................. .,,.............. ... ..,.,.......,..... �JCDC C-700 Stnnilnrd Generel Couditlons of tl�e Construction Contracf� Copyi•ight m 2002 Naflount Socicly of Professional Euginccrs for �JCDC, All rights reseived. 00700 - q 14.05 Parcial Utilizalion ..................................................................................................................................................38 14.06 Firrallnspeclinn ..................................................................................................................................................... 14,07 Final Paynreftt ........................................................................................................................................................38 14,08 Finnl Co�rtpleiion Delayed .....................................................................................................................................39 14.09 Wurrer of Clui»rs ................................................................................................................................................... ARTICLE I S- SUSPENSION OF WORK AND TBRMINATTON .........................................................................................39 15.01 O►v»e�•A1try3uspend J�i�o��k .....................................................................................................�.............. 15 .02 O►vner May Ter•»tinale for Ca:�se ........................................................................................................................... 15 .63 �►vner May Ter•►ninute For Cor�ve�tience ...............................................................................................................40 15.04 Conb•actoy� May Stop YI'ork or Terminale ..............................................................................................................40 ARTIGLE 16 - DISPUTE ItBSOLUTION ................................................................................................................................4 16,01 Alelhods and Pracediu�es .......................................................................................................................................41 ARTICLE 17 - MISCELLANEOUS .........................................................................................................................................41 17.01 Givi►�g Notice .........................................................................................................................................................41 17.02 Coinputntron ofTirttes ............................................................................................................................................ 17.03 C�s»iululive Remetlies .............................................................................................................................................4 17,04 Swvival o f�OUIIglJf7011S ..........................................................................................................................................41 �7.�5 COttll'011i)7�.�ClIV.........��............�..�....�.�..�...�...�.��....,...�...�..........��..� .............�......�.�.......................................�.�........�1 17,OG Ileadings ................................................................................................................................................................ I I I I I ; , I I I I I C.�CDC C-700 Stenderd Generel Condttlona of fhe Constructton Contrect. � Copyriglit � 2002 Nntlonnl Soeieiy ofPro[essional Eu�inccrs for EJCDC. All rigLis reserved, 00700 - 5 t G�NGRAL COIVDITIONS 9, Change Order--A document recommended by Englneer which is signed by Contractor and Owuer aud ARTICLE 1- DEFINITIONS AND TERMINOLOGY authorizes an addition, deletiai�, or revision iu the Work or an adjustment in the Contract Prlce or khe Contract Times, issued o�i or after the Effective Date of the 1.01 Defrned Terms Agreement. A, Wherever used in the Biddin� Requirements 10. Clat►n--A demand or assertion by Owner or or Contract Documents and printed witli u�itial c�pital Contractor seeking an adjusttnent of Contract Price or letters, the terms listed below will have the mea��ings Contract Times, or both, or other relief with respeot to thc indicated whieli are applicable to both the singolar and terms of the Contract. A de►nAnd for money or saivioes by Plural thereo£ In addition to terms speci�cally de�ned, a third paMy is not a Claim, terms with initial capital letters fu the Contract Docuntents Iuclude references to identiCed a�•ticles and 11. Cor�tract--The entire and iutegrated written paragraphs, aud the titles of other documents or forms. agreement between the Owner and Contractor conceinu�g the Work. Tlie Contract supersedes prioc uegotiations, I, Addettda--Written oi• graphic instn�ments representations, or agreements, whether writtett or oral. isst�ed prior to the opening of Bids whicl� clarify, eorrect, or ohnnge the Bidding Requtrements or tl�e proposed 12, Contf•ac! Doct�menis-- Those items so Contcacf Documents. designated in the Agreement. Only printed or hard copies of the items lisled in the Agreeinent are Contract 2. ,4greesrent--The written instrucnent which is Documeuts, Approved 51top Drawings, other Contractor's evidence of the agreement betwecn Owner and Conlractor submittals, and the reports and drawiugs of subsurface cavering the Work. aud physical conditions are not Contract Documents. 3, Application for Payn�e�rt--The form acceptable 13, Conlr�acl Pr�ce--Tl►e moneys payable by to Engineer wliich is to be used by Coutractor during the Owner to Confractor for completion of the Work in course of tlie Work in requesting progress or final accordance with the Contract Documents as stated in tiie paymeuts and which is to be accompanied by such Agreement (subject to the provisions of P�ragr�ph 11.03 suppol�ting documentation as is required by ttie Contract in the case of I1nit Price Work). Documents. 14, Co»b�act Ti��res--Tlie uumber of days or the 4. risbesto.s--Any material that contaii�s moce dates ststed 'ui tlia Agreement to; (i) achieve Mi[estones, if than one percent asbestos aiid is frlable or is releasing any, (ii) achieve Substautial Completiou; and (iii) com- asUestos fibers inlo the au• above current �ction Ievels plete the Wock so that it is ready for final payment as established by thc United States Occupatianal Safety nnd evidenced 6y Engineer's written cecommeudation of final Heaith Adcninistrafion. paypient, 5. 13id--The offer or proposal of a Bidder 15. C.orztractw�--The individual or entity with submitted on the prescribed fonn setting fo��th the priaes whom Owner hns entered into the Agreement. for the Work to be perfoi�ned. 16, Cost of the I�wIF-See Paragraph I1,O1.A for 6. I3iclder-•The individual or entity who sub�nits definition, a Bid directly to Owner. 17. Drativings— '1'hat pa►�t of the Contrttct 7, Bidding Docnments--The Bidding Docu�nents prepared or approved by Engineer which Requirements end the proposed Coc�h�act Doetunents grnphically shows the scope, extent, and character of the (i�ich�ding all Addenda). Work to be performed by Contractor. Shop Drawings And other Contractor submittals are not Drawings As so 8. didcling Require�nenls--Tl�e Adve��tisenae��t or dafined. Invitation to Bid, Tnstn�ctiotts to Sidders, bid security of acceptable fonn, if auy, aud the Bid P'orm with atty 18. EfJ''ective Dpte of !he Agree►�rent--The date supplements. indicated in the Agreement on which it becames effective, but if no sucl� dAte is i��dicatecl, it means the date ou which the Agreeraent is sisned and delivered by l}ie last of tf�e iwo parties to sign and de[iver, 19. Engineer--1'he individual or entity named as sucl� iu the Agreement. EJCDC C•700 Stnudnrd Genernl Coud(tions oPthc Consiruetlon Contrnct. Copyright m 2002 Noqonel Society of Professionn! �ngb�eers fm� �JCDC, All rights reseived. 00700 - 6 20, f'ield Oi�der--A written order issued by 32. Pr�ogr•ess Schedule--A scl�edule, prepared and Ecigineer whicli requires minoi• changes in the Work but maintanied by Contractor, describing the sequence and wl�ich does not involve a cliange in the Coi►tract Price or duration of the activities comprising the Contractor's plan the Contract Times, to accomplish fhe Work within the Contract Tinies. 21, General Require»�ents--Sections of Division 33. Projecl--The totat construction of which the I 1 ofthe Specifications. The General Requirements pe►taiu Work to be performed uuder tha Contract Documents may i to all sections of the Specifications. be tlte whole, or a part. 22. Hazardous Environ»�enta! Co�tditron--The 34. Pro�ecl Nla►aucil--The bound documentary presence at the Site of Asbestos, PCBs, Petroleum, iuformation prepared for bidding and constructing tlie Hazs�rdous W�ste, or Radioactive Material in such Work. A listing of the contents of the Project Manual, quautities or cirewnstances that may present a substantial which may be bound in one or more volc�mes, is ( danger to pe�•sons or propeity exposed thereto ui contained in the tRble(s) of contents. conneotio�t with the Work, ( 35. Radioactive Maler�tal--Source, special nucle- 23. Hazurclvus Waste--Tiie term Hazardous ar, or byproduck material as defined by tl�e Atomic Energy I Waste s0all have the meaning provided in Sectiou 1004 of Act of 1954 (42 USC Section 2011 et seq.) as a�nended the Solid Waste Disposal Act (42 USC Section G903) as from time to time. I amended from tintc to time. 36. Relaled Entily -- Ait officer, direcfor, partner, I 24. Lmvs ancl Regtrlations; Lmvs or Regulations- employee, agent, consiiltant, or subcontr•actor. -Any and all npplicable laws, niles, regulations, a•dinanc- � es, codes, and orders oF any and �11 gover►unantnl bodies, 37. Resident Pi•oject Rep�•esentalive--Tlte autl�o- I agencies, authorities, and courts havi►ig jurisdictiou. rized rep►�esentative of Enginear who may be assigned to the Site or auy pait thareof. 25. Lierrs--Charges, security interests, or encumbrances upon Project fi�nds, real property, or 38. Sn►nples--Physical examples of materials, I personal property, equipment, or workmanship that are represent�tive of son�e pa�tion of the Work and which establish tt�e i 26. Mileslo�te--A principal event specifed in thc standnrds by which such portion of the Work will be Conh�act Documents relating to ao inte�medinte comple- judged. I tion date or time prior to Substautial Completton of all tha Work. 39. Schedule of Subrr�ittals--A schedute, prepAred � and maintaLied by Contractor, of �•aquired snbtiuttals and � 27, Notice of Award--The written notice by the tune rec�uirements to suppoit saheduled perforinancc I Owner to the Successful Bidder stating thak upon timely of related consfruction activities. couipliance by the Successfi�l Bidder with the eonditions precedenl listed therein, Uwner will sign and deliver thc 40. Schedtrle of I�ahses--A schedt�fe, prapared � �greement. and mAintained by Contractor, allocatuig portions oF the I Contract Price to various portions of the Work and used 28, Notice 1a Proceecl--A writtett nodce �ivan by as the basis for reviewing Contracto�•'s Applications for � Owner to Contractor fixing the date on wliich tlie Con- Payment. tcaot Times wip commence to run and on wlucli Contcactor sl�ail start to perform tl�e Work under the 41. Shop Drasvings--All drAwings, diagrams, Contract Docnraents. illustrTiions, schedules, and other data or information which are specifically prepared or assembled by or for 29. O�vne�•--The u�dividual or entity wlth whom Contractor nnd submitted by Contractor to illustrate some I Contractor has entered into the Agreement and for whom poMion af tl�e Wo�•k. the Work is to be performed. 42. Si/e--Lands or areas indicated in the Cattract 30. PCBs--Polycl�lorinated biphenyls. Documenis as beiug furnished by O�vner upon which the I Work is to be performed, includin� rights-of-way a�id � 3l. Petro/eunr--Pctroleum, includiug cnide oil or ensements for access thereto, and such other lands any fi�actioi� thereof which is liquid at standArd condiNons furnished by Owner which are desig�i�ted for the use of I of temperature And pressure (60 degreas Fat�renheit and Contractor. 14,7 pounds per squsu�e iuch absolute), such as oil, petroleum, ft[el oil, oil sludge, oil refiise, gasoliue, 43. Spec�cadions--That pait of the C011fl'ACt karosene, and ail mixed with other nan-Hazardous Waste Documents consisting of wi•itten requirements for I nnd crude oils. materinls, equipment, systems, standards and workmai�ship as applied to the Work, anci cectaiu �JCllC C-700 Sfendxrd Generel Couditlons oFtfie Construction Cantrncf. Copyriglit � 2002 Noflonnl Suclely of Professlonel Englneers for E,TCDC, All rights rescrved. I 00700 - 7 I administrative reyuirements and procedural matters 6ut is evidence that the paities expect that the change applicable thereto. ordered or docurnented by a Work Change Directive will be incoc�orated in a subsequently issued Change Order 4�. S:tbconb�aclor--An individual or entity following negotiations by the parties as to its effect, if having a direct contract wltlti Contractor oi� with any other any, on the Contract Price or ContracY Times, Subcontractor foc tha performance of a pa►�t of the Work at the Site. 1.02 Teri»rnology 45. S�rbstantra/ Cornpletion— TNe time at which A. The followliig words or tertns are not defined the Work (or a specified part thereo� has progressed to but, when used in the Bidding Requirements or Contract tho point where, in tlie opinion of Engineer, tl�e Work (or pocuments, liave the faliawing meaning. a specified pa��t thereo� is sufficie�itly complete, i�i accordance with the Contr�ct Docwnents, so tl�at the B. Intent ofCerlaln '1'er�ns or.4djectives Work (or a specified part thereofl can be utilized for fhe �urposes for which it is intended, Tha tei�ns "substantially 1, The Contract Documents include the terms "as complete" and "sttbstantially completed" as Applied to nll atlowed," "as approved," "as ordered", "as directed" or o�� part of tf�e Work refer to Substantial Completiou teiins of like effect ar import Lo authorize an exercise of thereof. professional judgment by Engii�eer, ln addition, tl�e ilaJeCtIVPS "reasonable," "suitable," "acceptabfe," 4G, Succes.rful Bidder--The Bidder submitting a "proper," "satisfactory," or adjectives of like effect or respousive Bid to whom Owner makes an award, import are used to describe an action or determination of �ngiueer as to the Work, It is intended that such exercise 47. Supplerne»lary Cot�dttions--Tl�at part of the of professional judgment, action or determination will be Contract Documents wl�ich amends or supplements thesa solely to evAluate, in generat, the Work for compliai�ce General Conditions. with the requirements of And information iu the Contract Documents and conformance with the design eoncept of 48. Supplier--A manufacturer, fabricator, suppli- the coinpleted Project as a functioning whole as shown or er, distributor, tnaterialman, or vendor hnving a d3rect iudicated in the Contract Documents (unless there is a contract witli Contractor or with any Subcontractoc to specific statement indict�ting otherrvise). The use of any fiunish m�terinls or equipment to be incorporated in the s�wh tenn or adjective is not intended to and shall not be Work by Contractoe ot• any Subcontractor. effective to assign to Engineer a��y duty or authoriry to supervise or direct the perforniance of the Work or auy 49. Undergrotu�d Facililtes--All undergro�md duty oc authority to undertake responsibility contrary to pipeliiies, conduits, ducts, cables, wii�es, manholes, vau(ts, the provisions of Paragraph 9.09 or any other provision of tanks, tunnels, or od�er such facilities or attachmeiits, and the Coutract Documents, any encesemenes containing such fncilities, including d�ose tl�at convey electricity, gases, steam, liqiud C. Day petroleum products, teleplioue or other communications, cabie television, ��vater, wastewater, stor►n water, other 1. The word "day" means a czleudar day liquids or cl�emicals, or traffic or otlier control systems. of 24 hours measured from miduigl�t to the next midiiight. S0. U�rit Price Wo��k--Work to ba paid for on the D. Defective Uasis of unit prices. 1. The word "defective," when modifying the Sl. Work--The entlre construction or the varlous word "Work," refers to Work tl�at is unsatisfactory, separately identi#lable pat�is tliereof required to be f�ulty, or deficient in that it; �rovided uuder the Ca�tract Docume�rts, Work includes and is the result of perforn�ing or pinviding all laboc, a. does not conform to the Contract llocuments, services, aud dacumentation necessary to produca such or conshl�ction, and furnishing IqStAIIli1$� il[1CI 11]COi'�OPAtIRg � all materials and equipment into such construction, all as b, cioes not meat ihe requu�emants of any required by tl�e Contract Documents. applicable inspection, reference standard, test, or appro�al referred to in the Contract Docun�ents, 52, f3'or�k Gtange Direciive--A wriflen sialemeut or to Contractor issued on or after the Effective Date of tlie Agreemeni and signed by Owner and reconvnended by c, has beeit datnaged prior to Engineer's - Engineer ordering an addition, deletion, or rcvision iu the recommendation oP f�nal payment (unless Work, or responding to dtffering or unforeseen subsuefaca respousibility for t1�e protection thereof has been or physical conditions imder which the Work is to be assumed by Owner at Substantial Completion in performed or to emergencies, A Work Change Directive accordance with Paragr�ph 14.04 or 14,05). will not cl�ange fhe Coutract Price or the Contract Times �JCDC G700 Standard Gencrel ConJifimis oS tLe ConsMucllon Contract Copyct�ht � 2002 Netional 5ociely oFProfesstonel Lugioecrs fa� lJCllC� All rights reserved. OD700 - B E, Fto•nfsh, Install, Pe�fornt, Pr•ovide or, if a Notice to Proceed is given, on the day iudicated in the Notice to Proceed. A Nolice to Proceed may be given L The word "fi�rnish," when used in connection et �ny time witl�in 30 days after the Ef£ective Date of the with saivices, mnterisls, or equipment, shall niean to Agreement. In no event will the Conh•act Times com- supply atid deliver said se�vices, materi�ls, or equiptnent mencc to i2m later tha�� the sixtieth day after the day of to the Site (�r some other speci�ed location) ready for use Bid opeiiing or the tliirtieth day after the Effective Date of or installation and in usable or operable condition. tlie Agreemcuf, whiel�ever date is eariier. 2. The wocd "install," when used in connection 2,04 Starling 1he Work with services, matecials, or equipment, shall mean fo put into use or place in final position said services, materials, A. Caitractor sl�all start to perE'orm the Work on or equipment complete and rexdy for intended use. ihe date when the Contract Times cammencc to run. No Work shall be douc at thc Site prior to fhe date on wliiclt � 3. The words "perform" or "provide," when used the ContrACt Times commence to run, in cannection with seivices, matcrials, or equipment, shall I me�ui to fu►�nisl� and install said se►vices, materiais, or 2.05 Befor•e S�arting Conss•uction equipment con�plete and ready for intended use. ( A. Prellminaly Schedules; Within 10 days after 4. When "fiirnish," "install," "perform," or "pro• the Effective Date of the Agreement (unless otherwise vide" is not used in connection with services, materials, or specified in tt�e General Requirementsj, Contractor shall � equipment in a context clearly requiriug an obligatiou of submit to Engineer fortimely review: Contractor, "provide" is implied. 1. a prelimiuR�•y Progress Schedule; indicating F, Unless stated otl�erwise iu tha Cantract Docu- the tunes (numbers of days or dates) for starting nnd �vents, words or plu•ases which heve a well-known completing the vnrious stages of the Work, including aiiy ( technicat or ca�stcuction industry or h�ada meaning are Milestones specified in the Contract Documents; ! used iu the Contract Documents in uccordance with s��ch recognized meaning, 2. a preliminary Schedule of Submittals; and 3. a preliminary Schcdulc of Values for all of the � AIZTICLE 2- PRELIMINARY MATTERS Work which includes quantities and prices of items which � when added together equal the Contract Price and suUdi- � vides the Work into component parts in sufficient deiail to i 2.01 Delivery of 6oftrls afld �j�idejtce of Insuraiice serve as the basis for progress payments during � perFormance of the Work. Such prices will include an A, When Contractor delivers the executed appropriat� amount of overhead and profit applicable to counterparts of the Agreement to Owner, Contcactor shall each item of Work. also detiver to Owner such bonds as Contractor may be required to fi�rnish. 2.06 PreconsG•rrctiorr Confere�rce I3. Evide»ce of Insut •ance: Before any Work at A, Before nny Work at the Site is statKed, a � tl�e Site is started, Contractor and Owner shall eacl� conference attended by Owuer, ContrACtor, Enguieer, and I deliver to the od�er, with copies to each Additional insured others as appropriate will be held to establish a working I identilied in the Supplenjentaiy Couditions, cei�ti6cates of understanding among the perties as to the Work and to insurance (and other evidence of insurance which either discuss the schedules refe►�red to in Paragraph 2.OS.A, of them or �ny addifionnl iasured may rcasonably request) proced�u•es for handling Shop llrawings and other � wfucl� Coutractor aud Owuer respectively are requu�ed to submittals, processing Applications for Payment, and purcl�ase and maintaiu iu accordance with Article 5. maintaining required records. I 2.02 Coples of Docrnnents 2.07 I»itla! Acceptance of Sched�des A. Qwner shall fiirnish to Conh�actor up to ten A. At least 10 days before submission of the first printed or hai•d copies of the Drawings and Project Application for Payment a conference attended by I Manual, Additionttl copies will be furnished u�on request Contractor, Engineer, and others as E►ppropriate will be i at the cost of reproduction, hcld to review foc acceptabllity to Bngineer as provided below the schedules submitted in accordauce with 2.03 Cu��r�nencenrerat af Conlract Tln�es; Notice to Paeagraph 2.OS.A, Contrnetor shall have a�� additional 10 , Pr•oceed days to make corrections aucl ad,{ustments and to completa , and resnbmit the schedules. No pmgress payment shall be A. The Contract Times will commeuce to �1m on made to Contractor until ncceptable sched�iles ure the thirtieth day after the Effective Dxte of the Agreement submitted to Engineer. ; �JCDC C-7�0 Slnndro•d Generel Coudil[ons of Ihe Constrnction Conlract, CoNyrlght � 2002 Naftonxl Socicfy oFProfesslonal Cngiueers Sor CJCDC. A.11 rig6ts reserved. I 00700 - 9 � � � cesponsibilities of Owner, Coutcactor, or Engineer, or �sny 1. Tl�e Progress Schedule will be acceptable to of their subcontractors, consultants, agents, or employees Engineer if it provides an nrderty progression of tl�e Work from those set forth in the Contract Documents. No sucli to completion within the Conlract Times, Such acceptance pravision or instruction s}iall be effecfive to assign to wlll uot impose on Englneer resE�onsibility for the Owuer, or Engineer, or any of, their Related �ntities, any Progress Schedule, for sequencing, sclieduling, or duty or autliority to supervise or dircct tlte performnnce of progress of t}�e Work nor interfei•e with or relieve the Work or any duty or authorlty to undartake respon- Contractor fi•om Contractor's full responsibility therefor. sibiiity inconsistent with the provisions of the Cont�•act Docurnetrts, 2. Contrnctor's Schedule of Submirials will be acceptable to Engineer if it provides a workabte 3.03 Reporling and Resolvfng Discrepa�tcies arrangement foc reviewing and processing the required submittals. A. Reporting Discrepancies 3. Contractor's Schedule of Values will be l. Contracrot•'s Revierv of Contract Dooumenis accept�►ble fo Ey�gineer as to form �nd substance if it Before Startii�g [��a•k: Before undertaking each part of the provides a reasonable allocation of tl�e Contract Price to Work, Contractor sf�all carefidly st�tdy and compare the component pa�4s ofthe Work. Contract Documents and check and verify pertinent �gures therein and all applicflble field measireements. Conteaator shall promptly report In writiug to Engineer ARTICL� 3- CONTRACT DOCUMENTS: IN'I�NT, any conflict, error, ambiguity, or discrepancy which AMENDING, REUSE Contractor inay discover and shall obtaiu a wri[ten interpretation or cinrificatiou from �ngineer before proeeeding with auy Work affected thcreby. 3.01 Inlen! 2. Conh•nctor's Revietif� of Ca�traci Doc:�»fef�ts A. The ConG�act Documents ure complementaiy; Darr'ing Perforfnarrce of T3'or•k. If, diiring the performance whai is requL•ed by one is as biuding as if requirect by all, of the Work, Contractoc discovers any conflict, error, ' ambEguity, or discrapancy within tlie Contract Documcnts � B. It is the intent of the Contract Documents to a� between the Contract Documents and any provision of i describe n fiinctioi�ally complete Project (or part thereofl any T.aw or Regulation applieable to the performance of to be constructed in accocdance with tl�e Contract Docu- the Work or of any standard, specificstion, mam�al or ' nients. Any tabor, documentation, services, materials, or eode, or of nny instruotion of any Supplier, Contractor equipment that may reasonably be inferred fi•om the shall promptly report it to Engineer in writing. Contractor Contract Documents or from prevailing custom or trade shall not proceed with tlie Work affected thereby (except usag� as being requu•ed to ni•oduce the intended result will in an emergency as required by Paragrapli 6.I6,A) tmtil I be provided whether or not speciflcally called for at no an amendment or supplement to the Contr�ct Documents additional cost to Owner, l�as Ueen issued by one of the mathods u►dicated in ( Paragraph 3.04. C. Clarifications Aud interpretatious of the � Contruct Documeiits shall be lssued by Eugineer as 3. Cont►•actor shall not be liable to Owner or provided in Aitiale 9. Engineer for falluee to report any conflict, en•or, ambigu- ity, or discrepaucy in the Contract Documents unless 3A2 Refere�rceStandards Contractor knew or reasonably should have known thereof. A. Stsndards, Specific�tions, Codas, Laws, and Regulations S. Resolving Discrepancies 1. Reference to standa�•ds, specifications, 1. Except as may be otheivvise specIfically stated manusls, or codes of any technicat society, organization, in the Contract Documents, the provisions of the Conti°act or assoaiation, oi• fo Laws or Regulations, wliether such Documents shal( take �recedence in resolving any reference be specific or by 1111�GCAfIOt1� shall niean the conflict, error, amUiguity, or discrep�ncy between the standard, specification, manual, code, or Laws or Regula- provisions of tl�e Contract Documents �nd: tions in effect at tho time of opening of Bids (or oii the Effective Data of the Agreeraent if there were no Bids), a. the provisions of any standard, specification, � except as may be otlierwise specifically stated in ttte manual, code, or instruction (whether or not Contcact Dooumeuts. specifically incorporated by i•eference in tt�e Contract Documents); or 2. No provision of Any such standard, specification, manual or code, or any instruetion of a b. the provisions of any Laws or Regulatio��s Supplier shflll be effectiva to change the duties or applicabla to the performance of the Work EdCDC C-700 Steudard Gcucenl Cond[tlous of 1Lc Cottstrucfion Contrnct. Copyrlght � 2002 Nallou�l Socicty of Profcssiounl �nglueers for �JCDC. All rlgl�ts reserved. 00700 -10 (unless such an inte�pretation of the provisions sole risk. If there is a discrepancy betweeu tlie electronic of the Coirtract Documents woiild result lu viola- files and die hard copies, the hard oopies goveen. tion of such Law or Regulation), B. Because data stored in electronic media 3.04 .4►nentling nrtd Satpplemenling Conb•act format can deterioeata or be modified inadvertent[y or Doc:mrents otherwise withottt authorization of the data's cre�tor, tlte party receiving electronic files agrees that it will perform A. The Coiitract llocuments may be amended to acceptance tests or procedures within GO days, after wl�ich provide for addit[ons, deletions, and revisions itt the Work the receiving party shall Ue deemed to l�ave Accepted tl�e or to modify the terms and conditions diereof by eitl�er n data thus transferred, Any errors detected withi�� thc 60- Cliange Order oc a Work Change Directive, day acceptance period will be corrected by the transferring party„ B, The requirements of the Contract Documents may be suppleme►ited, and minor veriations and C. When transfeiring documents in electronic deviations iu tl�e Work may be suthorized, by one or more media format, the transferring pacty makes uo of the following ways: represe�itations as to long terni compatibilify, usability, or readability of docwnents resulting frotn the use of 1. A Field Order; softwAre application packttges, oparating systems, or camputer hardware differing fi•om those ttsed Uy the 2, �ugineer's approval of a Shop Drawiug or data's creator, Sainple; (Subject to the provisions of P�ragraph 6,17.D,3); or ARTICLE 4- AVAILABILITY OF LANDS; 3. EngLieer's wriEten i��terpretation or SUBSLTRFACE AND PHYSICAL CONDITIONS; clTrification. HAZARDOUS ENVIRONMENTAL CONDI'I'IONS; REPERENCE POINTS 3.05 Reuse of Doctu�rents A, Contractor and any Subcontr�ctor or Supplier 4,01 dvailability of Larids oi• otlier individual or entity performiiig or furnishing all I of the Work under a direct or uidirect conhact with A. Owner shall fi�rnisl� the Site. Owner shall Conh•actor, shall not; notify Contractor of any encumbrances ar restrictians not � of general epplication bttt specifically related to use of the 1, have or acquire any title to or ownership Site wif[� which Conhactor must comply in performing � rights in any of tha Drawings, Specifications, or the Work. Owuer will obtain Li a 4imely manner and p�y otLer documants (or copias of any thereo� prepared by or for easements for permanent stn�ctures or peiynanent bearing the seal of Engineec or Engineer's consultants, changes in existing facilities. If Contractor and Owner are including electronic media aditions; or unabte to ugree ou entitlement to ur on the arnotu�t or extent, if any, of any adjushnent in the Contract Price or 2. ►•eusa auy of such Drawings, Specifications, Co�ih•act Times, or both, as a result of any delay in other documents, or copies thereof on extensions Owner's furnisliing the 5ite or a part khereof, Contractor of tiie Project or any other project without wcitten consent may make a Claim tlterefor as provided in Paragraph of Owner and Engineer and specific wrltteii verifieation 10.05. or adaption by Bngineer. B. Upon reasonable wrltten request, Owner sliall B, The prohibition of this Parngraph 3.05 will furnish Contractor with a curreut statement of record legal i survive final payinent, oi• termInatton of the Contract, title and legal descripfion of the lands upon which the � Notliin� hereu� shall praclude Contractor from retaining Work is to be performed aud Owner's interest tl�erein as capies of flie Contraet Documents for record pw�poses. neeessa�y for giving nolice of or filing a mechanic's or consfraction lien ng�inst such lands in aecordance with � 3,06 Electronrc Data applicablc Laws and Regulations. � A. Copies of data fin•nlshed by Owner or C, Conhacto►� shall provide for all additional Engineer to Contractor or Contractoe to Owner or fands and access tl�ereto t(iat attay be required for � Engineer that may be relied upon are limited to the temporary construction facilities or storage of materials I priuted copies (also larown as hard copies). Files in nnd equipment, electronic medin format of text, data, graphics, or other i types are fl�niished only for U�a convecuence of the i reeeiviug party. Any conclusion or information obtained I or derived from sucli electronic fiLes will be at the user's � i �dCDC C-7U0 Stnudnrd Generel Conditions of thc Consn�uctiou Contrxct � Copyi•lgUt (�J 2002 Nafional Sodety of Professionel Engineers for EJCDC, All rights reserve�l. i 00700 -11 � I I 4.02 S:�bs:uface a�id Physical Conditions 4. is of an �musunl nAture, and differs materially from couditions ordinarily encountered and generally A, lteporls anc! Dj�mvings; The Supplementary recognized as inherent in work of the character provided Conditions identify: for in the Contract Documents; 1. those reports of explorations and tests of then Coutractor shall, promptly after becoinin� aware suUsurface conditions at or contiguous to the Site that thereof and before further disturbing the subsurface or Engineer lias used in preparing the Contract Documcnts; physical conditions ar performing any Work iu connec- and tion therewitl� (except in an emergency as required by Paragraph G.16.A), notify Owuer aud Eugineer in writu�g 2. tl�ose dcuwings of ��hysicnt conditions in or about such condition. Contractor shatl not further disturb relating to existing surface or subsurface stnictures at or such condition or perform any Work in connection contiguous to the Site (except Underground Facilities) therewith (except as nforesaid) until receipt of written tE►at Engineer has used in preparing tha Contract order to do so. Dacuments. B, E�tgij�eer's Rev�etiv, After receipt of written B. Lintited Relia��ce by Contractw� on Technical notice as required by Para�raph 4A3.A, Engineer will Data Attlhof�ized: Contractor may rely upon the genaral promptly rev9ew tho peitinent condition, determine the accuracy of the "technical data" cont�ined in such reports necessity of Owner's obtaiuuig additional axploration or and drawiugs, but such reports aud drnwings are not tests with respect thereto, and advise Owner in writing Contract Documents. Such "technical data" is identified (with a copy to Contractor) of Engineer's findings Anc1 iu the Su�plementary Couditions, Except for sucli reliance conclusious, on such "technical data," Contractor may not rely upon or make auy claim against Owtter or Engineer, or any of G. PossiUlc Price aud Times Adjustments ( tlieir Related Eutities with respect to: � 1. The Contract Price or ti�e Contract Ti►nes, or 1, the completeness of suoh reports and drawings both, will be equitably adjusted to the extent tliat the for Contractor's puiposes, including, but not limited to, existence of sucl� differing subsurface or physical • any aspects of the means, methods, tecl�iuques, coudition causes an increase or decrease in Conkractor's sequencas, and procedures of constraction to be employed cost of, or time required for, performance of the Work; by Contractor, and safety precautions and pro�r�ms subject, lsowever, to the following: incident tiiereto; or a, such conditiou cnust meet any one or more of 2, other dflta, interpretations, opinions, and the categories described in Paragrapl� 4.03.A; information contained iu such reports or shown or and indicated in such drawings; or b. with respect to Work that is paid for on a Unit 3. any Contractor inte�p►•atation of or conclusion Price Basis, any adjustmant in Contcaet Price drawn fi•om any "technical data" or any such other data, will be subject to the provisions of ParagrAphs inteipretatious, opiuions, or inforniation. 9.07 and 11.03. 4,03 Differi►rg,S:rhsxrface a• Physical Conditions 2, Cajtractor shall not be entitled to aziy adjustment in the Contract Price or Contract Times if: A, Notice: If Contr�►ctor believes tliat any subsur- face or physical condition at or contiguous to the Site that a. Contractor knew of the existenco of such is uncovered or revealed either; conditions ak the time Contractor made a final conunitment to Owuer with respect to Contract 1. is of such a nahire as to establish that any Price and Contract Tiines by the submission of a "technical data" on wl�ich Contractor is entitled to rely as Bid or Uecoming bouud under a negotiated provided in Paragraph 4.02 is mAterislly inacciu�ate; or contract; or 2. is of such a nature as to require A cli�vge iu the b, fhe existence of such condition could Contract Documents; or reasonubly have been discovered or revealed ss a rasult of any exsmination, invastigation, explo- 3, dit�'ers niaterially from that shown or indicated r�tion, test, or sh�dy of tl►e Site and contiguous in the Contract Documents; or areas required by the Bidding Requiremeuts or Contract Documents to be conducted by or for Coutractor prior to Contractor's making such . final commitaient; or EJCDC C-700 Standard Geueral Conditla�s oF tLe ConslrucUo�� Contrnct. Copyrlght 02002 Netionnl Soclety of ProCesslonxl �nglueers for �JCDC. Alt rlg�ts reserved, 007UQ -12 a Contractor failed to give the written �iotice as promptly review the Undergrotatd Facility and detet�oiine required by Paragraph 4.03.A. the extent, if any, to which a chan�e is rec�uired in the Contract Documents to reflect and docwnent the 3. If Owner and Contractor are unable to agree consequences of the existence or [ocation of tlte Under- on entitiement to or on tl►e amount or exfent, if any, of ground Pacility, Dueing suc}i time, Contractoc shall be any adjustment in the Contract Yrica or Contract Times, responsible f�r tha safery and protection of such or both, a Ciaim may be made there£or as provided in Underground Facility. Paragraph ] 0,05. Howevcr, Owner Aud Engn►eer, and eny of their Related Entltles shall uot be liable fo Contractor 2. If E�igineer c�ncludes thAt a cl�ange in the for any claims, costs, losses, or damages (inchiding but Contract Doamients is required, a Work C1ia��ge not limited to all fees and charges of engiuears, architects, Directive or a Clian�e Order will be issued to reflect and Att61'IIOyS, and other professionals and all cotirt or dooument such consequences. Au equitable adjustment nrbitration or otlier dispute resolutiot� costs) siistsined by sl►all be made ln the Contract Price or Contract Times, or Contractor on or in connectio�i with any other project or hoth, to the extent that they are attributabte to the �nticipated project. existence or location of any Underground F�cility tl�at was not s3town or i�idicated or not shown or indicated 4,04 Unde►•g►•ound Facr/lt�es with reasonable accuracy in the Contract Documents nnd that Contractor did not know of nttd coiild not reasotinbly A. Show�r a� Ltdicatect.• The information and data liave baen expected to be aware of or to have anticipated. shown or indicated i�i the Contract Documeuts with If Owner and Contractor are unable to agree on respect to existing Underground Facilities at or entitlemenf to or on the amount or extent, if auy, of any contlguous to tl�a Site is based on infoi�nation and data such adjustment lli Contract Price or Contract Times, fi�rnished to Owner or Engineer by t[ie owuers of such Owner or Contractor may make a Claim therefor es Underground Facilities, including Owner, or lsy others. provided in Paragraph 10.Q5. Unless it is othe►�nrise expressly provided in ttie Sup- plementary Gonditions: 4.05 Reference Painls 1, Owner anci Engineer shall not be respousible A. Owner sl�all provide engineern�g su�veys to � for the accuracy or co►npleteuess of a�ry such infoiniation establish reference poiuts for construction wliich in or data; aud Engineer's judgment ara necessary to enable Contractor to proceed with the Work, Contractor shall be responsibie 2, the cost oF nll of the following will be for laying out the Work, shall protect and preseive the included in thc Co►►tract Price, and Coutractor shali have established refei�euce points and property mom�ments, and fi�ll respons3bility foc: shall make no changes or relocations without the prior written approval of Ownei•. Contractor shall report to a, reviewing and checking all such information Engineer whenever any reference poiut or properiy and data, mamiment is lost or destroyed or requires relocatioi� because of necessary changes in grades or locations, and b, locating all Underground I'acilities shown or shall be responsible for the accurate replacement o�• indicated in the ContractDocuments, relocation of such referenee polirts or property ►nomiments by professioi�ally nualified personneL c, coordination of the Work with the ow�►ers of such Undergro�u�d Facilities, Includin� Owner, 4.06 Hazar�lous Enviraurrenta! Corrdi�iorr at Site during construction, and A. Reports a�nl Dl•mvi�rgs: Refei�ence is made to i d, the safety and ��rotection of all such Under- the Sup�lementary Conditions for d�c identificatiou of grouud Pacilities aud repairin� any damage those reports and d►•awings relating to a Hazardous : tltereto resulting from tkie Work. Environmental Condition identified at Uie Site, iFany, that � have been utllized by the Engineer in fhe preparation of � B. Not Sl�oiti�n or• Indicated the Contract Doctunents, i � 1. If an Underground Facility is uncovercd or B. Li►rtited Xeliance by Corifi•nctor on Tech�rica! ` revealed at or contiguoiis to the Site which was not shown Data Autha�rzec�� Contractor may rely upon tlie general or indicated, or not shown or iitclicated with reasonable occuracy of the "technicai data" contained in such repo�ts acciu�acy in the Cantract Documents, Contractor shall, a��d drawings, but such reports u�d drawings are not promptly after becoming lware thereof aud before further Contract Docutnents. Such "techuical data" is identifed disturbing conditions affected tfiereby or performing any in the Supplementaiy Conditions. Except for such reliance Work in connection therewith (exeept in an emergency as on sucli "technical data," Contr�ctor may not rely upon or required by Paragrapl� G.IG.A), identify the owuer o£ such make any claim against Owner or Engineer, or any of Underground Facility and give written notice to that their Rclated E��tlties witti respeck to: owner flnd to Owuei• and Engineer. Engineer will �JCDC C-700 StnudArd Genernl CondiUous of the Consh•uctlo¢ Conlrnct. Copyeight m 2002 NaUounl Socletp of Professiouel Enginecrs for �JCDC. All rlgiits reserved. 00700 -13 1. the completeness of such reports and drawings entitlement to or on the amount or extent, if any, of an for Contractor's purposes, including, bnt not limited to, adjustment in Conh•act Price or Contract Times es a result any aspects of the means, n�ethods, teclmiques, seqnences of deleting such poi�tion of the Work, then eithcr Narty and procedures of constiuctiou to be employed by inay make a Claim therefor es provided in Parugraph Coutractor and safety precautions and programs incide��t 10.05. Owner may have such deleted po►�tion of the Work thereto; or perfornted by Owner's own forces or oti�ers in accordance with Article 7. 2. other data, intei opinions and information contained in such reports or shown or G. To tl�e fidlest extent permitted by Laws and indicated in such drawings; or Regulations, Owner shall indemnify and hold harmless Cont�•actor, Subcontractors, and Engineer, end the 3. any Coutractor interpretation of or couclusion officers, directors, pai�tuars, employees, agents, drawn from auy "technical data" or any such other datA, consultants, and subcontractors of ench and any of them interpcetations, opinions or information, from and against all claims, costs, losses, and damages (including but not lunited to all faes and charges of C, Contractor shall not be responsible for any en�ineers, arclutects, attorneys, sud ottier profassionals Hazardous Enviroim�ental Co��ditioiZ uncovered or ce- at�d all court or acbitratiou or other disptrte resolutlon vealed at tt�e Site which was not shown or iudicated In costs) arising out of or relating to a Hazardous Drawiugs or Specifications or identified in the Conhact Environmental Condition, provided that such Hazardous Docnments to be within the scope of tlte Work. Environmental Condition: (i) was not shown or indicflted Contrnctor shall be resnonsible for a Hazardous ui the Drawings or Specifications a• identified in tlie Enviromnental Condition created witl� any materials Coutract Documents to be included within tha scope of brought to the Site by Contractor, Subcontractors, the Work, and (ii) was not created by Contractor or by Suppliers, or anyone else for wtiom Contractor is anyone for whom Contractor is responsible, Nothing in j res�a�sible. this Paragraph 4.06. G shall obligate Owner to inderiuiify i any iudividusl or eiitity from a�id against the coiise- D. If Cout��actor encounters a Hazardous queuces of tl�at individual's or eutity's own negligence. Environmental Condition or iF Contractor or anyona for whom Contractar is responsible creates a Hazardous H. To the ful{est extent peimitted by Laws and Enviroiunental Condition, Contractor shall immediately: Regulltions, Contractor shall indemnify and liold i secure or otlierwise isolate such condition� u sto > all I�armless Owner and En inear and the officers, directors ' ��) � ��) 1 � + � Work in com►ection with sucli conditIon and 'ui nny area pai�tuers, employees, agents, consultauts, and affected thereby (except in an emergency as required by subcontractors of each and any of them from and against I ParagrRph 6.16,A); and (iii) uotify Owner and Engineer all claims, costs, losses, and dama�es (including but not I (and promptly thereafter confirm such notice in writi�ig). limited to all fees and charges of engineers, architects, � Owner shall promptly consult with Engiueer concerlling attoi�ieys, and other professionals and al! court or the necessity for Owner to retain a qualified expert to arbitration or other dispute resolution costs) arising out of evatuate such condition or ta[ce corrective action, if any. or relating to a Hazardous �nvunumental Condition crented by Contractor or by auyone for wIiom Contractor E, Coutractor shali not be required to resim�c is responsiblo. Nothuig ui this Paragraph 4A6.H shall Work iu connection with sucl� condition or in auy afFeoted obligate Contractor to iudemniij� any individual or entity area witil after Owner has obtained any required pennits fi•an and agai��st the consequences of that individual's or I ��elated thcreto and delivered to Contractor w�•itten notice: entity's own neglige�ice. (i) speclfyiug that such condition and auy uffected aren is ( or has baen rendered safe for the resumption of Work; or I. Tlie provisions of Pa��agrAphs 4,02, 4.03, and (ii) specifying any special conditions under which such 4.04 do not apply to n Hazardous EnvironmentAl ! Work may be resumed sAfely. If Ownar and Contractor Coudition uttcovet•ed or revealed at the Site, � cannot agree as to entitlement to or on the amomit or extent, if any, of any adjustment in Contract Pr3ce or Contract Times, or both, as a resu(t of such Work stop- ARTICLE 5- BONDS AND INSURANC� page or such special COl1CI1�10I1S UlltlOe which Work is agceed to be resunied by Contractor, either party utay make a Claim therefor as pcovided ia Pa�•agraph 10.05. 5.01 Pe�formance, Paymertt, and 01her� lion�ls P, If after receipt of such wriiten votice A. Contractor sliall fi�rnish pe►•forma�tice and Contractor does not agree to rest�me such Work based on payment bonds, eACh in nn amouut at least equal to the a reason�ble belief it is unsafe, or does not agree to Coutract Price as security for the faithfi�l perfonnance and resume such Work under such special conditions, then payment of all of Contractor's obligations ander the Owner may order the portion of the Work that is in the Conh•act Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one yeuc after the date when final paym�nt becomes Work. If Owuer and Contractor cannot ag��ee as to due or uutil completion of tl�e correetion period specified EJCDC C-700 Stnndnrd Genernl Conditions of the Coustructlon Confrnet. CopyrigU� � 2002 Nntionnl Society of Professtonel Cngiueers for L�JCDC, All rlghts reserved, 00700 -14 in Para�raph 13,07, whichaver is later, except as provided fi•om claims set fo�th below which may arise out of or otherwise by Laws or Regulations �r by the Contract resulf fi•oin Conkractor's performance of tlie Work and Doc�uncnts. Contractor shall also furnisli such other Contrnctor's otlier obligations undee the Contcact bonds as are requieed by the Co�itract Documents. Documeuts, wliether it is to ba performed by Contractor, any Subcontraekor or Suppliar, or by anyone direcUy or B. AII f�onds shatl be in tUe form prescribed by indirectly emptoyed by a�ry of them to perform any of the the Contract Documents except as provided atherwise by Work, or by enyone for whose acts any of them may be Laws or Regulatlons, and shall be executed by such liable: sureties as are named in the citrrent list of "Companies Holding Certificates of Authority as Acceptable Sureties l. claims under warkers' compensation, on Federa! Bo�►ds aud as Acceptable Reinsuring Compn- disnbility benefits, And other simil�r employee benafit nies" as published in Circular 570 (amended) by the acts; Finnncial Mnnagement Sarvice, Surety Bond Braneh, U.S. Department of ttie Treasmy. Alt bonds signed by an agent 2, claims for damages bacause of bodily injury, must be accompanied by a certified co��y of the agent's occupational sickness or disease, or death of Contractor's autliority to act. employees; C. If the surety on nny bond fitrnished by 3, claims for damages because of bodily injury, Coutractor is declared ba�ilalipt or becomes insolvent or sickness or disease, or death of any person other than its right to do 6usiness is terminated in any state where Contractor's employees; any part of the Project is located oc it ceases to meet the z�equirements of Paragraph S.O1.B, Co2itractor shall 4, claims for damages ivsured by reasonably promptly uotify Owner and Engineer and shal(, within 20 availabla personal iuju►y liability covera�e which are sus- days after the event giving rise ko such notification, tained: provide anotl�er bond and surety, botli of which shall comply with tl�e requirements of Paragraphs SA1.B aud a. by any person as n result of au offense directly 5.02, or indirectly related to tho employmeut of sach person by Contractor, or 5.02 Licensed Sul�eties and Irasure�s b. by any other person for a�iy other reason; A. All bonds and iusucauca required by the Contract Docun�ei�ts to be purchased aud maintained by 5. claims for damages, other than to the Work Owner or Conh•actor shall be obtained from surety or itself, because of in�jury to or destruction of fangiblc insurance companies th�t are duly licensed or autl�orized property wherever located, including loss of use resalting I in tlte jurisdiction in which fhe Project is located to issue therefrom; and bonds or insw•ance policies for the limits and coverages I so required. Such surety and insurance companies shall 6. claims for damages beoause of bodily inj uiy or also meet such additional requirerttcuts aud qualific�ttions death of any person or property damage �rising oul of the as may bc provided in the Supplementary Conditions. ownership, maintenance or use of any molor vehicle. 5,03 Cert�cafes of I'ns:u�ance B. Tite policies of insurance required by tliis Paragraph S.U4 sliall: A. Contcactor shall deliver to Owner, witli copies I to eacli addittoiial ius�n•ed identifiecl in the Supplementary 1. with respect to insurance required by ! Conditions, ceitificates o£ insurance (and otl�er evidence Paragraphs 5,04.A,3 tlirough 5.04.A.6 inclusiv�, inc(ude € of insurance requested hy Owner or any other additional as additional insured (subject to any customaty excEusion � insurcd) which Contrftctor is required to E�urchase and regarding professionKl liability) Owner and Enginee�•, and maintain, any other individua[s or entities identified 'ui tlte Supple- ' mentaiy Conditious, �II of whom shall be IisEed as addi- � B. Owner sl�all cleliver to Contractor, with copies tional insureds, a��d include coverage for the respective � to eacli additional insw•ed identified in the Supplementary of�cers, directors, partners, employees, agents, Conditions, ceitificates of i�tsurauce (and oiher evidence constiltants and subcontractors of euch and any of all such of i�isurance requested by Contractor or any othei• additianal lnsureds, and the insurance afforded to tl�ese additional insw•ed) which Owner is required to purci�ase additional insuretls sliall provide primary coverage for ell and maintain. claims covered thereby; 5.04 Conh•actor's Lrabilil�� I+tstrrance 2, inciude at least the speoific coverages aud be written for not less tf�au tha limits of lisbility provided in A. Contractor shall purchase and m�intain such tha Suppletneuta�y Conditions or required by Laws or liability and other uista•ance as is appro�riate for t}►e Regutations, wl�ichever is greater; Work bein� performed and as will provide protection EJCDC C•700 Stnnderd C,encral Conditions of ILe Couslruction ConirAet. Copyrlghf � 2002 Nnfionnl Sociefy of ProPessionnl Enginccrs Por IiJCDC. All rlghts rese►ved. 00700 • 15 3. include completed operstions insurance; 2. be v�n�itten on a Builder's Risk "all-risk" or open peril or special causes of loss policy form tl�at shall 4. Include conh�acfual liability insurance at least incfude insurance foi• physical loss or datuagc to coveriug Confractor's indemnity obligations under the Work, temporary buildings, false work, and materials Paragraphs G.11 and 6.20; and equipment in trausit, and shall insure against at least tt�e following perils or causes of loss: fire, lightning, S, contain a provision or endorsement that the extended covcrage, theft, va��dalism and inalicious coverage afforded will not be canceled, meterially mischicf, earthquake, collapse, debris removal, changed or renewal refiised until at least 30 days prior demolitiou occasioued by enforcement of Laws and written notice has been given to Ownar and Contractor Regulations, water damage, (ott�er thau cnused by flood) and to each other additional insured idantified in the and such other perils or causes of loss as may be specifi- Supplementaty Go�iditions to whom a certifcate of cnlly required by tfie Supple�nentaiy Conditions; insurance has been issued {and the certificates of insuranee fi�rnished by tlie Conh•actor pursuant to 3. mclnde expenses incurred in tl►e repair or Paragrnph 5.03 will so provide); replacement of any instired property (induding but not limited to fees and charges of engiiiee��s and arcl�itects); 6, remain in effect at least until finai ��ayment and at all times thereafter when Contractor m�y be 4. cover materials and eqiiipment stored nt tl�a correcting, removing, or replscing defective Work in Site or at another location that wns agreed fo in writing by accordance with Paragraph 13,07; and Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in 7, with respect to aompleted opei�ttions insnr- an Application for Paymeut recommeuded by Enginee�; ance, and wy insurance coverage wrilteu on a claims- made basis, remain in effect for nt least two years ufter 5. allow for partial utilization of the Work Uy final paytnent, Owner; a. Contractor shall furnish Owner and each other 6. ineh�de testiug and startup; and additional insured identified in the Supple- mentaiy Conditions, to whom a certificate of 7. be maintained in effect until final payment is insurnnce has boan iss�ied, eviddnce satisfactory made unless otherwise agreed to iu writing by Owner, to Owner and any such additional insured of Coutractor, and Engineer with 30 days wrltten notice to coutim�atlon of such insurance at final payment each other additional insured to whom a certificate of and one year therea#�er. insurauce has been issued. S.OS �►vner'sLiablltty�Insin�u�TCe B. Owner sl�all purchase and maiutau� such � boiler and machinery uisurance or additional properry A. Li addition to the ins�irance required ta be insurance as �nay be required by the Supplemet�ta�y provided by Contrnctor ttnder Paragraph 5,04, Owner, at Conditions or Laws and Regulations whicli will iuclude Owner's option, may purchase and m�intain at Owner's the interests of Owner, Contractor, Subcontractocs, and expense Owuer's own liability insurance as will protect Engiuear, and any other lndividusls or entities identified Owner against claims which may arise from operations in the Supplementary Conditions, and the of�iceis, under tl►e Contract Documents. directors, parh�ers, employees, agents, consultants and subcontractors of each and a�iy of them, each of wliom is S.OG Properlybtstrrance deemed to have an i�surable interest and shell be listed as an insured or additioual insured. A. Unless otherwise provided in the Supple- mentary Couditions, Owner sh111 purcltase and maintain C. All the policies of insurance (snd tlie ccrti�- i propeety iusurance upan the Work at the Site in the cates or other evideuce thereof} required to be purchased � amoimt of the fidl replacement cost thereof (subject to and maintaiued in sccordance with Paragraph 5.0G will such deductiblo amounts as may be provided in tha contain a provision or endorsemeut tl�at the coverage Supplement��y Conditions or required by Laws and afforded will nat be cxnceled or materially changed or Regulations). Tl�is insurance sh�ll: reuewal refitsed uutll �tt lestst 30 days prior written notice has been given to Owner and Contractor and to each otlier 1, include tl�e interests of Owner, Contractor, additiona[ insured to whom A certificate of insurance I�as SuUcontractors, and Engineer, and any other individuals been issued atid will contAin waiver provisions in acoor- or entiiies identified in the Supplemeutaty Conditions, dance with Pa!•a�caph 5.07. and the officers, directors, partners, employees, agents, consultants and subcontrnctors of eRCh aud any of them, D. Owner shatl not be responsible for purchasing . eacl� of whom is deemed to have an insurable interest and and maintaining any property insnr�nce spccified In this sh�ll be listed �s an insured or additiaisil insured; Paragrapli S.OG to protect the interests of Contractor, Subcontractors, or otUers in die Work to the extent o any �JCDC G700 StnnUard Genernl Conditions of t�e Cons�ructlon Coatrnct. Copyright � 2002 Netional Socfely of I'rofesslonel �n�lneers for EJCDC. All ri�hls reserved. 00T00 -1G deductible amounts that sre identified in the s«nnt�- i , loss due to busiuess inteiniplion, loss of use, mentary Conditious. The risk of loss within such or other consequential toss extending 6ayond direct identified deductible amouut will Ue ba•ne by Contractor, p}►ysical loss or dflmage to Owner's property or the Work Subcontractors, or otliers suffering any such loss, and if caused by, arising out of, or resulting from fire or otlier any of them wishes property insurance coverage within perils whether or not insm�ed by Ownei; and the limits of such amounts, each may pw•chase and mainfain it at t}�e purchasa•'s own expense, 2, loss or damage to the completed Project or part thereof caused by, arising out of, or resultu�� fi•om E. If Contractor requests in writing that other fire or other insured peril a• cause of loss covared by a�iy special insurance be included in tha property insurance property iusurance inaintained ou tl�e completed Project policies provided under Paragraph 5.06, Owuer sl�all, if or part thereof by Owner during partiol utilizfltion possible, include such insurence, and ttie cost tliereof will pursuant to Paragraph 14.05, after Substantial Complotio�� be charged to Contrector by appropriate Change Order. pursuant to Pa��agraph 14.04, or afrer final payment Prior to commencement of the Work at the 5ite, Owner pursuant to Paragraph 14.07. shall n� writing advise Contractor wl�ether or not such other insurance has been procured by Owner. C, Any insurance �olicy maintained Uy Owner covaring any loss, damagc or consequential loss referred 5.07 Wa�ver ofRights to in Parugraph 5.07.B shnll contain provisions to the effect that in the event of payment of any such loss, A, Owner And Coniractor intend that all pollcies damage, or consequential loss, the instn•ers will have no purchased 'ui accordance with Paragraph 5.06 will protect rights of recoveiy a�ainst Cont�•actor, Subcoutractors, or Ownec, Contractor, Subcontractors, and Bngi►�eer, a�id all Engineer, and the officers, directors, paMnecs, employees, other individuals or entities identified in the Supple- agents, consultants and subcoutractors of each and any of n�enta►y Conditions to be listed as insureds or additional them. insiu•ads (and the officers, directors, p�rtners, em��loyees, agents, consultants and subcontractors of each and �ury of 5.08 Recetpt and �tpptica[ion oflnsurn�rce Proceetls 1 tl�em) in such policies and will provide primary eoverag� ' fnr all losses and damages caused by the perils ai• causes A. Any insw•ed loss under the polieies of of loss covered thereby, All such policies shall contain insirrance required by Paragraph 5.06 will be adjusted provisio��s to the effect that in the evenf of payment of with Owner und made payable to Owner As fiduciaiy for any loss or daznaga the insurers will liave no rights of the insureds, as their interests may appear, subject to the recovery against any of the insureds or additional insureds requirements of any applicable mort�age elause and of ti�ereunder. Owner and Contractor waive all rights a�ainst Paragrapli 5.08.B. Owner shall deposit i❑ a separate esch other aud their respective of�cers, directors, account any money so received uud shall distribute it ui parh�ers, employees, agents, consultauts ai�d accordauce with such agreement ns the parties in interest suUcoiitractors of eacli and any of them for all losses and may reach, If no other special agreement is reached, the damages caused by, arising out of or resulting from any of dameged Work shall be repaired or repinced, the �noneys � the perils or causes of loss covered by snch policies ��d so received applicd ou accouut tlisreof, find the Work and a►►y otl�er property insurance Rpplicable to tl�e Work flll(I the cost thereof covered by au nppropriate Cha�igs Order , i�i addition, waive all sucli rigl�ts ugau�st Subcontractors, and Eugineer, AIl(I atl other individuals or entities B. Owner es fiducia�y shall have power to adjust idenrified in the Supplementary Conditions to be listed as acid seltle aiiy loss wi#h tE►e insurers unless one of the insured or additional insured (suid tf�e officers, directors, parties in interest shall object in writing within IS days partners, employees, agents, consultants aud after the occurrence of loss to Owner's exercise of this subcontractors of each and any of them) nnder such power. If such objection be made, Owner as fiduciaiy policies for losses and damages so caused. None of tl�e shall make setklement wit4► tl�e lltsucers in accordance with above waivers shall extend to the rights that a��y ��acry such agreement as the parties in interest may reacli. If no mAkiug such waiver may have to the proceeds of sucli agreement among the pai�ies in 3nterest is reached, insurnnce held by Owner As trustee or otherrvise payable Owner as fiducia�y shall adjust aud settJe the loss with the under any policy so issued, insurers and, if required in writi►Zg by any party in interesf, Owner as fiduciary sl�all give bond for the proper D. Owner wAives all rigltts agaillst Contractor, performauce of such duties. Subcontraators, and Engineer, and the officers, directois, partuers, employees, ngents, consultnnts and 5.09 Acceptauce af Borrds and Insw�ance; Opttorr !o subcontractars of each and any of them for: Replacs A. If either Owner a• Coutractor l�as any objaction to the coverage a£forded by or other pmvisions of the bonds or insurance required to be purchased and maintained by the ottter party in accordance with Ai•ticle 5 on the b�sis of non-conformance with the Contract �JCDC G700 Sfnnderd Cenernl Couditions of fhe Constrnedon Conlraet. Copyrighf � 2002 Nntional Society oFProfessionnl Cngineers for EJCDC. All rights resen�ed. 00'100 -17 Documents, the objecEing party sl�all so notify ttie other received from ths superintendent shall be binding on patty iu writu�g with'v� 10 days after receipt of the Contractor. certificates (or other evidence cequested) cequired by Paragraph 2,O1.B, Owner and Contractar shall each 6,02 Labor; yYorking How•s provide to the other such additional information ni respect of insurance pinvided as tlie other tnay reasonably A. Contractor shell provide competent, suitably cequest. If either party does not purchase or maiutain all qualified personnel to sinvey and lay out the Work and of the bonds and insurance required oF such party by the perform construotion as required by the Contract Docu- Contract Documents, such paety shall not(ty tlte other cneuts. Contractor shall at all times mai�itain good disci- pa��ty in writEng of such faiture to purcl�ase prior to the pline and order at the Site. start of tl�e Work, or of such failtn'e to maintain prior to any change in tt�e required coverage. Without prejndice to B, Except as otheitivise required for the safety or any ottier right or remedy, the other Uarty may elect to protection of persons or the Work or property at the Site obtaiu equivalent Gonds or uisurance to protect such otl�ec or adjacent thareto, and except as otherwise stated in the party's interests at d�e expense of tlie party who tivas ContracF Documents, all Work at tha Site shall be reqiiired to provide such coverage, �nd a Chsnge Ordec pertormed during regular working I�oiu•s. Contractor will shall be issued to adjust the Contract Price uccordiugly. not permit the peefo��ntance of Work on a Saturday, Sunday, or auy legal holiday without Owner's written 5.10 Parlial Utilrzalion, Acknowledgr►tent of Prope��ty consettt (wh[ch will not be tuu•easonAbly witl�kield) given Insure�• after nrior written notice to Engineer. A. TF Owner 6nds it necessary fo occupy or use a G.03 Services, Male1•ials, nnct Eqtriptr�ert! po��tion or portions of the Work pcior to Substantial CompleUon of all the Work as provided in P�ragrlph A. lJnless otherwise specified in the Contt�act 14,05, no sucl� use or occupancy shall commence before Doctunents, Contractor shall p�•ovide m�d assume futl fhe insurers providing the property insurnnce pursunnt to responsibility for all se�vices, materials, equipment, labor, Paragrapli S.OG have aeknowledged notiee thereof a�id in iraaspo��tation, conslrucdon equipment and machinery, writing effected any clianges in coveruge uecessifated tools, appliances, fuel, power, light, lieat, telephone, thereUy, The iusurers proviciing the �>roparty insurance water, sanitary facilities, temporary facilities, end all other shall coiisent by eudorsement on the policy or policies, facilities aud incident�Is necessnry for the perfoiniance, but the property insurance shall uot be canceled or testing, st�rt-up, and compietion oftlie Work. permitted to lapse on account of any such partial use or occupa�icy. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, sl�all be of good quality and new, except as otherwlse provided in ARTICLE d- CONTRACTQR'S RESPONSIBILITIES the Coutract Docwnents. All special warranties and guarantees required by the Specifications shall expressly ivn to the benefif of Owner, if required Uy Engineer, 6.01 Supe�visiort artd Svtperirrtende�tce Contractor shall fiirnisl� satisf�ctory evidence (including reports of required tests) as to the source, kind, and A, Contractor shall supe►vis�, inspect, and direct qualfty of materials and equipment, the Worlc competentty and efftciently, devoting such attention thereto and applying sucli skills and axpertise as C, All makerials and equipmei►t shall be stored, �nt�y be necessary to perform tl�e Work in accocdauce wIth applied, u�stalled, connected, erected, protected, used, the Contract Documents. Contractor sftall be solely clea�ied, and conditioned in accord�uice widi instructions responsible for the means, methods, techniques, of the applicable Supplier, excapt as othcrwise may be ; sequences, and procedures of construction, Coutractor provided in thc Contcact Dacuments. � shall not be responsible for tho negligence of Owner or Eugineer iu tha design or specification of a specific 6.04 Progress Schedule means, method, technique, seqnence, or procedw•e of consti•uction which is shown or indicated in �uid expressly A. ContrACtor shall adhere to tha Progress �•equired by the Contract Documents. Schedule established in accordance with Peragraph 2.07 as it may be adjusted from time to time as provided B. At all times during the progress of the Work, bclow. Contractor sl�afl assign a competent resident superin- tendent who sl�all not be replaced without written notice to Owner and Engiueer except under extcaordina�y ciccumstances. The superintendent will ba Coi�trACtor's representadve at tl�e Site and shatl have Authority to act on � hel�alf of Contractor, All coinmtmications given ro or �JCDC C-700 StnndArU Genernl Condifions of the Constructiou Contrwef. Copyrtght � 2002 NaHou�l Socicty of Protesstonal �ngineers for EJCDC. All rlglUs reserved, 00700 -18 1. Contractor sheil submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) 2) it will conform substantially to the proposed �djuushnents in the Progress Scl�edttle that will detailed cequiremenis of tlie item namcd in tl�e not result iu changiug the Contract Times. Such adjust ContractDocuments. ments will comply with any provisions of the General Re- quirements upplicable thereto. 2. Substitute Items 2. Proposed adjustments in the Progress a. If in Engineer's sole discretlon an item of Schedule that will cl►ange the Contract Times shall be material or equipment proposed by Contractor submitted i�ti accordance with thc requirements of Article does not qualify as sui "or-equal" item under 12, Adjustmenis in ContrACt Tlmes may only be made by Paragrapli 6,OS.A.1, it will be considered a a Change Order, proposed subsiitute item. 6,05 StrGslfhites ancl "Or•-Tqunls" b. Contractor shall submit sufficient info►7nation as provided below to allow Engineer to A, Wl�enever an ifem of muterial or aquipment is determine that the item of material or equipment specified or dascribed in the Contract Doc�unents by proposed is essentially equivalent to thai named using tha name of a pi•oprietnry item or the name of a and an acceptable substitute therefor. Requests paMicular Supplier, the specificatiou or description is for review of proposed suUstituta items of intended to sstaUlisl� the type, functio�i, aNpearance, and mnterial or equipment will not be accepted by quality required. Unless the specification or description Enginaer fi•om anyone okher thln Cot�tractor. contains or is followed by words cending tlit�t no lika, equivalent, or "or-equal" itena or no substitution is a The requirements for review by Engiueer will permitted, other iteins of material or equipment or be as set forth u� Paragraph 6.OS.A.2.d, as material or equipment of other Supp(iers may be supplemented in the General Requirer�nents and submitted to Engineer f'or �•eview under the circumstances as Engineer may decide is appropriate under the desa•ibed below, circumstances. 1. "Or-L'qual" Items� If in Engineer's sole d. Coutractor shal! make written application eo discretion an item of material or equipment proposed by E»gii�eer for review of a proposed substiiute item Contractor is fimctio��ally equal to tftat nauied and of material or eqnipment that Contractor seeks to sufficiently similar so that no change in related Work will fi�rnish oc use. The applicationc ba required, it may be considered by Engineer as an "or-equal" item, in which case review atid approval of the 1) shall certify that the proposed snbsti- pro�osed item may, in Engineer's sole discretiou, be hite item will: accomplished without compliauce witli some or all of ttie requirements for approval of proposed substitute items, a) parForm adequately the functions aud For the purposes of tl�is Paragraph 6,05.A.1, a proposed achieve tlie results called for by the item of materia) or equipcuent will be cousidered general design, functionally enual to ai� item so named if: b) be similar in substanca to that a. in fhe exercise of reasanable judgment specified, and Engineer detenni�ies that: c) be suited to the same use as tliat 1) it Is at least equa[ in materials of specitied; construction, quality, durability, appearance, � strengtli, and design characteristics; 2) will state: � 2) it will reliably perform at least a) the extent, if any, to which the use of � equal]y well tlie fiiuction and achieve tl�e results the pt'oposed substihtte item will preJu- imposed by the design concept of the completed dice Contractor's achievement oF I Project as e functioning whole, Substantial Completiou on time; 3) it }�as a proven reco►•d of pecformunce b) whether or not use of 11�e proposed and Availability of responsive secvice; atxd substihrte item in the Work will require ! a change in eny of tl�e Contract Docu- I b. Contractor certifies that, if approved and ments (or in the provisious of any other inco►�or�ted into the Work: clirect contract with Owner for other work on tf�e Pcojecf) to adapt the design I 1) there will be no increasa in cost to to the proposed substitute item; and the Owner or inerease in Cont�•act Times, and CJCDC C-7U0 Sfandard Genernl Conditions of the Construclton Coulrett, Copyrlglit C� 2002 Nntional 5ocicty of Professlonnl Englneers i'or EJCDC. AII rlgt�ts resciNed. I OU700 -19 � c) whether or not incorporation or use Documents (ar in il►e provisions of any other direct of the proposed substihite item in con- contract witli Owner) resulting from the acceptance of nection with the Work is subject to each proposecl substitute. payment of auy license fee or royalty; F, C.nntractar's Txpe�rse; Contructor shall 3) wi[I identify: provide all data iu support of any proposed substitute or "oi=equal" at Conh•actor's expense, a) all variations of the proposed substitute item fi•o�n that specified , anJ 6.06 Concerning SubconA•nctors, Supplisrs, ar:d Olhers b) available engineering, sales, maintenance, repair, and replacement A. Contractor shal] not employ any Subcon- services; tractor, Supplier, or otf�er individual or entity (including those acceptable to Owner as indicated iu Paragcaph 4) and shall contain an itemized esti- 6,06.B), wl�ether iuitially or as a replacement, against mate of �11 costs or credits that will result whom Owner may I�ave reasonable objection. Contraotor directly or indirectiy fi•om usa of such substitute shall not be required to cmploy any Su�contc�ctor, item, including costs of redesign a�id ciuims of Supplier, or ott�er individual or eutity to furnish or other contractors sffected by any resultin� perform any of tfie Work agaiust whom Contractor has change, reasonable objection. B. Sirbstitrrfe Consh�trction Methods or P��oce- B. If the Supplementary Conditions require the dures: If a specific means, method, tecfuiique, sequeiice, identity of certain Subcontractors, Suppliers, o�• otlier or procedure of consh•uction is expressly requu•ed by tl�e individuals or entities to Ue submitted to Uwuer in Contract Documents, Coutractor may fitrnish or utilize a adva�ice for accaptance by Owner by a specified date subsritute ti�eans, method, technique, sequence, or prior to the �ffective Date of Hia Agreemer�t, and if procedure of constrtiction approved by Engineer. Contractor has subtnitted a list thereof in accorda�ice with Contractor shall submit sufficicnt infoiination to allow the Supplementa�y Conditlons, owner's acceptance �i3ginee�•, in Cugineer's sole discretion, to determine that (eitlier in writing or by failuig to make written objection tl�e substihite proposed is equivalent to that expressly tl�ereto by the date indicated for acceptance or objectiou � called for by tlie Contract Documents. The requiremeuts in the Bidd'uig Documents or the Contract Documents� of for review by Engineer will be similai• to those provided any such Subcontractor, Suppliar, or other individual or in Paragraph 6.OS.A.2, entity so identified may be revoked on the basis of reason- able objection afler due iuvestigatiai. ContrRCtor shRit � C. Engineer's Cvattratiott; Euguieer will ba submit an acceptable replacement far fhe rejected � allowed a reasonable time within wluch to evaluate each Si►bcontractor, Sup�lier, or other individual or entity, at�d proposal or submittal m�de pursuant to P�ragraphs 6,OS.A die Contract Price will be ndjusted by tlie difference in the a��d 6.OS Engineer may reqttire Contractor to fi�riiish cost occASio►red by such replaeement, and an appropriate I additional data about the proposed stibstittrte item. Change Order will be issued , No acceptance by �Owner of Engineer will be the sole judge of aoceptabillty. No `br auy such SubconG�actor, Suppliar, or otl�er individual or i equal" or substitirte will be ordered, installed or utilized entity, whether initially or as a replf►cenient, shall consti- until Engineer's review is complete, which wi[I be tute a wniver of any right of Owuer or Engineer to reject evidenced by either a Change Order for a substitute or a�� defective Work. appiroved Shop Drawing for an "or equal." Engiiiear will advise Contractor in writing of any negative C, ContrACtor shall be fully respoi�sible to Owner determination. and Engincer fo►� all acts ond omissions of the Subcontractors, Suppliers, and other individuais or D. Special Guar�anlee: Owner may require entities performing or fui7�isl�ing any of tlie Work just as Contractor to furnish at Contractor's expense s special Contractor is responsible for Coutr�ctor's own acts aud performance guarantee or other surety with respect to Any omissions. Notliing iu tl�e Contract Documents: substitute. 1. shall create for tlie benefit of any such L�. Enghaee�•'s Cosr Rei»�bur,sef�te�tt: Engineer Subcontractor, Supplier, or otlter individual or entity any will record Eugineer's costs in evnluating n substitute contrAChial relationship between Owner or Engineer and proposed or submitted by Contractor pursuant to any such Subcontractor, 5upplier or othcr individual or Paragcapl�s 6.OS.A.2 and G.OS.B Whetiter or not Engineer entity, nor approves a substitute item so proposed or submitted by Conhackor, Coutractor shall reimburse Owner for the 2, shnll anything in the Contcact Dncuments chArges of Engineer for evaluating eacl� such pro��osed create ��ry obligutiou on the pat�t of Owner or substitute. Contractor shall also reimburse Oti�vner foe the Engiiteer to pay or to see to the payrnet�t of a�iy moneys charges of Engiueer for making changes in d�e Coiitract due any siich Subcontractor, Supplier, or other individual EJCDC C-700 Sfanderd Generel Couditlons of the Cous6�uctlou Conlrnct. Capyrlght � 2002 Nnttonfll Socicly ofProfessionel �ngineers for �JCDC� All ri�6ts rescrved, 00700 - 20 I or eutity except as may otl�erwise be required by Laws B. To the fullest extent permitted by Laws and nnd Regulations. Regulatious, Contractor shall indemnify and hoid hai�cvless Owuer a��d Engineer, and the of�cers, directors, D, Contrnctor shall be solely responsible for partners, employees, agents, consultants flnd soheduliug �nd coordinating the Work of Seibcoutractors, subcontractors of each a�id any of them fi•om a��d against Suppliers, and other individuals or entities perfoa•min� or all claims, costs, losses, and damages (including but not fi�rnishing a��y of the Work under a direct or iudirect tinuted to atl fees and charges af engineers, architects, contract with Caitructor. attorneys, and other pcofessionals aud all court or arbitration or other dtspute resolution costs) arising out of E. Contractor shal) require nll Si�bcontractors, or relating to any infi�in�ement of patent rights or Sappliers, and such otl�er individuals or entities per- copyrights incident to the use in tlie parformance of tha fonnhig or furaishing auy of the Work to communicate Work or resulting from die incorporation in the Work of with Engineer tl�rough Cartractor. any invention, design, process, product, or device not speoified in the Contract Documents, F. The divisions and sections of the Specificn- tions and the identifications of at►y Drawings shal! not 6.08 Pe�•mits control Contractor in dividing tl�e Work among Subcon- tractors or Suppliers or delineating the Work to be A, Unless otliarrvise provided in the Supple- parfamed by any specific trade, mantary Conditions, Contraetor shall obtain and pay for all constniction permits and licenses. 4wner sliall assist G. All Work performed for Contractor by a Contractor, when necessa�y, iu obtaining such permits Subcontractor or Supplier will be pursuant to an appro- end licenses. Contractor shall pay all governmental � priate agreement between Contr�ctor and the charges and iuspeetion fees necessary fa� the prosecution Subcontractor or Suppiie►• which specifically binds the of the Work wlsich are applicable nt tlic tiuie of opeuing Subcontractor or Supplier to tl�e applicable terms and of Bids, or, if there are ��o Bids, ou the Effective Date of conditions of ttfe Contract Docun�ents for the benefit of the Agreement. Ownec shall pay all charges of utility Owner and Enginear. Whenever a��y such agreement is owners for cormections for providing permanent se�vice with a Subcontractor or Suppliec• who is llsted as an to the Work. additional insured on the property insurauce provided in Paragraph 5,06, the Kgreement between the Contractor G.09 Lmvs and ltegttlations and t�ie Subcontractor or Supplier will contai►► provisions wl�ereby the Subcontractor or Supplier waives all rights A. Contractor shall give all notices reyuired by against Owner, Contractor, aud Engineer„ and all other and shal( comply with all Laws and Regulations applica- individuals or entities identified in the Supplemant�ry ble to the perfarmAnce of the Work. Except where Conditions to be listed as insureds or addition�►1 insureds otherwise expressly required by applicable Laws and � (and the officers, directors, partuers, employees, agents, Regulatlons, ueitl�er Owner nor Engineer shAll be i consultants and subcontractors of eacl� aud any of them) responsible for mouitoring Contractor's compliance witti i for all losses and damages caused by, arising out of, any Laws or Regulations. i relating to, or resulting fibm any af the perils or causes of � loss covered by sucl� policies and any otl�er property B. If Cotitractor performs any Work knowing ar f insurance appiicable to the Work. If the insnrers on any I�aving renson to wiow that it [s conteaiy to Laws or � such policies require seplrate tvaiver forms to be signed Regulations, Contractor shall bear all claims, costs, I by any Subcontractor or Supplier, Contractor will obtnin losses, and damages (including but not limited to all fees ; the same. and charges of engineers, �u�chitects, aKorneys, and othe�• I professionals aud all cou�t or arbitration or oth�er dispute � 6.07 Paletrt Fees and Royallies resolution costs) arisitig out of or relating to such Work. However, it shall not be Contractor's primaiy i A. Coutrxctor shall pay all license fees and responsibility to make ceriaiii that the Specifioations and royalties and assume all costs incident to ttie usa in the Drawings are in accordauce with Laws and Regulntions, parfo�tinance of the Work or the incorporation in t(te Work bttt this sh111 not relieve Coutcactor of Contractor's of flny i�iveiitlon, design, process, product, or devica oblig�tions underParagraph 3.03. � wl�ich is the subject af patent ri�hts or copyrights held by others. If a particu(ar invention, desigu, process, product, C. Changes in Laws or Regulations not k��own at or device is specified 'u� the Contract Documents foc use the tima of opening of Bids (or, on the Effectiva Date oF in the perfannance of the Work and if to dia Actual tlie Agcaement if tt�ere were no Bids) having an effect o�i ( ktiowledge of Owner or Engineer its use is subject to die cost or time of performance of the Work shall be tlie � patent rights or copyrights calling for the payment of any subject of au adjustment in Contract Prlce or Contract license fee or ►�oyalty to others, the existence of such Times. Tf Owner and Confractor are unable to agree on rights sl�all be disclosed by Owner in thC Contract entitlement to or on the amount or exteut, if atny, af any •� Documents. such adjustment, a Clai►n may be n�ade therefor �s provided in ParagrAph 10,05. �JCDC C-700 Stenderd Genernl Conditions of lhe Coustruction Contrnct� Copyrighf m 2002 Nntional Saclely of ProPessionel Eoglneera tor EJCDC, All righfs reseiti�ed. I U0700 - 21 I D. Loading Slructures: Contractor shall not load 6.10 Tc�res nor permil any part of any stcucture to be (oacied in any mA�v�er that will endauger fhe structure, nor shall A, Contractor sliall pay all sales, co►�sumer, use, Contractor subject any part of the Worlc or adjacent and other similar taxes required to be paid by Contractor property to stresses or presstires ti�at will endanger it. in accordance with the Laws and Regulntions of the pl�ce of the Project which are applicable during the G.12 Reca�d Docu►nents performsi�ce of the Work. A, Contractor shall maintain v� a safa place at the 6.11 Use ofSiie and OlherAreas Site one record copy of all Drawings, Specifications, Addeuda, Change Orders, Work Change D'u•ectivss, Field A, Limitation on Use of Site and Other Aress Orders, and written interpretations and clarifications in good order and Annotated to show changes made durin� 1, Contractor shall con�ne consh•uction equip- constn►ction. Tliese rccord docuinents together with all ment, the storage of materials and cquipment, and the approved Samples and a counterpart of all approved Shop operations of workers to the Site and otl�er areas llrawings will be available to Engiueer for reference. ; permitted by Laws and Regulations, and shafl not Upon completion of the Work, these record documents, tmreasonably encumber the Site and other areas with Samples, and Shop Drawings will be delivered to Engi- construction equipntent or other mnterinls or equip�nent. neer for Owuer. Contractor shall assume ful( respoiisibility for any da►nage to Rny such laud or area, or to the owner or G.13 Safety and Protection occupant thereof, or of auy adjecent land or areas I resulting fi•om the performance of the Work. A, Contractor shall be solely respo��sible for initiating, maintaining and supeivis�ng all safety precau- 2. Sliould �uiy claim be made by any such owner tions and prograuis in connection with the Work, or occupant because of the perfoi�nance of the Work, Contractor sha(l take all uecessaiy precautions for the Conh•actor shall pro►nptly settle with such other party by safety of, and sl�all provide the necessary protection to negotiation or otherwise resolve the claim by arbitration prevent damage, inju►y or loss to: � or other dispute resolution proceediug or at ]aw, 1. all pe�•sons ou the Site or who may be affected 3. To the fullest extent permitted by Laws aud by the Work; Regulations, Contrlctor shall indenmify and hold l��rmless Qwner and Engineer, and tlse officers, directors, 2, all the Work and materials and equipmeirt to partners, employees, agents, consultants aud be incorporated therein, whether in storage on or off the subcontractors of each aud a�iy of tliem fi•om aud against Site; and all claims, costs, losses, and damages (iucluding birt not limited to all fees and charges of engineers, architects, 3, other property at the Site or adjacent thereto, attorneys, and other professionals and all court or includiug trees, shruUs, lawns, walks, pavements, arbitration or otl�er disputo resolutiou costs) nrising out of i•oadways, structures, utilities, and Underground Pacilides or relating to any claim or actiou, legal or eyuitable, not designated for remov�sl, relocation, or replacemeut in brought by any sueh owner oi• occupant agai►ist Owner, the course of construction, � Engineer, oc' any otlter party indeinuified hereunder to the extent caused by or based upon Contractnr's performancc B. Cnutractor shall comply with alt applicable � of tlie Work. Laws and Regulations relating to tt�e safety of persons or property, or to the proteetion of persons or property fmm B, Renroval of DeGt�is D�rri�ag Perfor�na�tce of tlle domage, injury, or loss; aud shall erect and maintani all Work: During the progress of the Work Coutractor shall necessaty safeguards for such safety and protectiou. keep tl�e Site and other areas free frorn accumulations of Contractor shall uotify owners of adjacent property and of waste materials, rub6lsh, and other dabris. Retnoval and Underground Facilities and oti�er utility owners when disposal of sucl� waste matei�ials, rubbish, and other debris prosecution of the Work m�y affect them, aud shall shall conform to applicHble Laws ancl Regulations. cooperate with them in ihe protection, removal, relocation, And repincement of their property. C. Cleaning: Prior to Substantial Co►npletion of the Work Contractor shall clean the Site and tlie Work C, All damage, i1�ju�y, or loss to any prope�ty end make it ready for utttlzation by Owner. At the com- referred to in Paragi•apl� 6.13.A.2 or 6.13.A.3 caused, pletion of the Work Contractor shall remove fi•om the Site directly or indirectly, in wl�ole or in part, by Coniractor, all tools, appliances, conslructiou ec�uipment and any Subcontractor, Supplier, or avy other individual or machinery, and snrplus materials and shall restore to entity directly or indirectly ernployed by any of them to original condition nll property not . desiguated for perfo�7n any of the Work, or anyone for whose acts any of alteration by tlis Contract Documeuts. them may be liable, shall be remedied by Contractor (except damage or loss attcibutable to the fault of Draw- EJCAC C-700 Stwnderd Gcucrnl Couditions of tlie Constructtnn Contenct. Copyright � 2002 Netionnl Saclety of Professionel �ugiuccrs for �JCDC. All riglifs rose�l�ed. 00700 - 22 � � ings or Specifications or to the acts or omissions of b. Data shown on the Shop Drawings will be Owuer or Engineer or , or anyone employed by any of complete with respect to quantities, dimensions, them, ar anyone for whose acts nny of them may be specified performance and design crikeri�, li�ble, and not attributable, directly or indirectty, in w!►ole materinls, and similar data to show Engineer the or in pact, to the fault or negligence of Contractor or any services, materials, and equipment Contractor 5ubcoulractor, Supplier, or other individual or entity proposes ta provide and to enabie Engineer to dicectly or indirectly employed by any of fl�em}, review the information for the limited p�irposes reyuired by Parugraph 6.17.D. D. Contractor's duties and responsibilities for safety and for protection of the Work sliall continue until 2. Santl�les; Contr�actor sha[l also submit such time as all the Work is compleled and Engiueer has Samples to Engineer for review und ngproval in accor- issued a notice to Owner and Contractor in accordAnce dance with the ucceptabie schedule of Shop Drawings and with Paragcaph 14.07.B that the Work is acceptable Snmple submittals. (except as otherwise expressly provided iu connectiou with Substantial Completion), a. Submit nu�nber of Samples specified in tlie Specificalions. 6.14 Safely Representative b. Clearly identify each Sample as to material, A, Contractor shall designate a qualified and Supplier, pertine�rt data snch as catalog numbers, experienced safety representative at the Site whose duties the use for which intended and other data as and respm�sibilities shall be the prevention of accidents �ngineer may require to enable Engineer to and the mauitaining and supervising of safety precautions review the submittal for the limitcd pucposes at�d programs. required by Puragr�pf� G.17.D. 6.15 Hrrzard Com�nt�rrfcation P1•ograrns B. Where a Shop Drawing or Sample is required I by tiie Contract Documents or the Schedule of Submittals A. Contractor shall be responsible for coordi- , any related Work perforined prior to �ngineer's review nating any exchange of material safety data sheets or and approval of the pertinent submittal wlll be at the sole other hazard commimication iuformation required to be expense and responsibility of Contractor, mxde available to or exchanged between or among employers at tltie Site in accordanca with Laws or C. Submittal �'roceduees Regulations. 1. Before submitting each Shop Drawing or 6.16 Emergenctes Sample, Contractor shall havs determined and verified: A, In emergencies affectiug the safety or protec- a. all field measuren�ents, qua��tities, dimensions, tion of persons or the Work or property at the Site or specificd perforn�v�ce and design critaria, adjacent thereto, Contracfor is obligated to act to prevent iustalletio�� requn•ements, materials, catalog threatened damage, i�juiy, or loss. Confractor shall give numbers, and similar i�ifom�ation with respect Engineer prompt written notice if Contractor believes that thereto; any significant chauges in ti►e Work or variarions from the Contract Docuuients have been caused ti►ereby or are b, the suitability of all materials with respect to I required as a result thereof. If Engineer determiues that a intended use, fabrication, sl�ipping, handling, cliange in the Contract Documents is required because of storege, assembly, and installation pertainuig to the action taken by Contractor in response to such a�i the perforn�ance of the Work; emergcncy, a Work Change Directive or Ctiange Order will be issued, c. all information relative to Contracfor's 1 responslbilities for nteans, methods, teclmiqiies, + G.17 Shop Urmui��gs and Sarnples sequences, aud procedures of construction, and � safety precautions and progracns incident thereto; A. Co�►tractor sliall submit Shop Drawings and and Samples to Eng'v�eer for review and approval in accor- dance with tlie acceptxble Scl�edule of Subiuittals (as d, sl�all also l�ave reviewed mid coordinated eacl� required by Paragraph 2.07). Each submitt�l will be Shop Drawing or Sample with other Shop � identified es Engineer inay require. Drawings nnd Samples and witli tlie ( requiraments of the Wa•k a►�d the Conh•act 1. Shop Dcawings Documents. A. Submit number of copies specified in the 2. Eaclz submlttal slinll bear a stacnp or specifia l General Requireuients. written certification that Contractor has satisfied Co�rtractor's obligations under the Coniract Doctn GJCDC C-7Q0 Stan�flrd General Condlflons oP tLe Construcliou Coutract. CopyrigLt � 2002 Nntionnl Soclely ot Professiooal Engineers for EJCDC, All rigLts rescrved, I 00700 - 23 i � �uith respect to Coutractor's review and approval of that disagreements with Owner. No Work shall be delayed or submittaL postponed pending resolution of any disputes or disagreements, except As permitted Uy P�ragrapt� 15.04 or 3. With each submittal, Contracto�• shall give as Owner end Contractor may otherwise agree in writing. Bngu�eer spacific written notice of any variations, that the Shop Drawing or Sample may have from the requirements 6.19 Coniractor's Gene�•al Warranty and Guarantee of the Contract Documents. This notice sl�all Ue both 1 written communication sep�rate fi�om the Shop Drawu�g's A. Contractor warrants �nd guarantees to Owner or Stunple Submittal; and, in addition, by a specific that all Work will be in accordance with the Contract notation made on eack Shop Drawin� or Snmple submit- Documents and will not be defective. �uginec► RItd its ted to Engineer for review and approval of each such Relt�ted �ntities shall be entitled to rely on representation variatiou. of Coutractor's warrAnty And guArantee. D. Engirreer's Revie�v B. Contractor's warranty and guarantea hereunder excludes defacts a• damage caused by: 1, Engiueer will provide timely review of Shop DrawL�gs And Samples in accordance with tl�e Schedule 1. abuse, modification, or improper maintennnae of Submittals acceptaUle to �ngineer. Engineer's review or operation by persons otlier lhan Coirtractor, Sub- and approval wiIl Ue only to detcrntinc if the items eontractors, Suppliars, or any other individual or entity for covered by the submittals wlll, after installation or whom Contractor is responsible; or incorporation in the Work, conform to the infonnatio�i given in the Conh•act Documents ancl be compatible witl� 2. normal wear aud tear wider normal usage. the desigu coiicept of the completed Project As a fimetioning whole as uidicated by the Contract Docu- C. Contraator's obiigation to perform and me►rts, complate the Work in accordance with fhe Conh•act Documents sl�all be absolute. None of the following will 2, Bngineer's review and approval will not constitute a�i acceplance of Work t(iat is noE in Accordance extend to means, mefhods, techniques, sequences, or with the Contract llocumeuts or a release of ConU•actor's procedures of coustrucriov (except where a particular obligation tn perforn� tl�e Work in accordance with Il�e means, method, technique, sequence, or procedure of con- Contract bocuments; struction is specifically and expressly called foc by tl�e C�ntract Documents) o�� to safety precnntions or programs l. observations by Engineer; incident thereto. The review and approval of a separate item as such will not uidicate approval of the assenibly in 2, reconunendation by Engineer or }�ayment by which the item functions. Owner of auy progress or fu�al payment; 3. Engineer's review and ap�roval shall not 3. the issuancB of a cerlificate of Substnnfi�l � relieve Contractor from responsibility for any vnriation Completion hy E�igineer or auy payment related thereto from the requirements of the Contract Docume�yts unlcss by Ownei; I Contraetor has complied with the requirements of Paragraph 6.17.C.3 aud Engineer has given written 4, use or occupancy of the Work or any part approval of each such variatlon by specific written thereof by Owner; natation thereof incarporated in or accompanying tl�e Shop Drawing or Sample. Engineer's review aud approval 5, any review and approval of a Shop Drawing or shall uot relieve Conh•actor from respo»sibiliry for Sample submittal or tl�e issuance of a notice of aaceptabil- contplying w1Ui tl�e requiremauts of Paragraph 6.17.C.1, ity by Enginesr; E. Resubratttal Proced:n�es 6, any inspection, test, or approval by othars; or ' 1. Contractor sliall make corrections required by 7, any correction of defective Wo�k by Owner. Enginear and shal( return the required number of cor- rected copies of Shop Drawings a��d submit, es r�equired, 6.20 lrrdemnifica�ion new Semples for ceview and appcoval. Co►itractor shall direct specific attention in writing to revisions other than A. To the fullest extent permitted by Laws and tl�e correctio�►s called for by Engiueer on previous Regi�lations, Contractor sl�all indemnify and l�old stibmittals. harmless Owner and Engineer, and the officers, directors, pattners, employees, ngeuts, considtants and 6.18 Conlimri�tg the Wa�k snbcontractors of each a��d �ny of theui from aud against all claims, costs, losses, and damages (iucluding but not A, Contractor shall carry on tiie Work and adhcrc limited to all fees and charges of engineers, architects, to the Progress Schedule during all dlsputes or attorneys, and atf�er professionals flnd ali court or EdCDC C-700 Stendeed General Condttions nf the Construclimi Cmdrnct. Copyrlght C9 2002 National Society oPProfcsslonal Cngineers for �JCDC. All rlghls rese��ved. D0700 • 24 arbitration or otLer disputa rasohrtion costs) arising out of shall appear on all drawings, calculations, specifications, or relating to the performance of the Work, provided that certificatlons, Sho� Drawings and other submittuls any such claim, cost, loss, or damage is attributable to prepared by such professiona(. Sl►op Drawings aud ofher bodily injury, sIckness, dise�se, or death, or tu injury lo or submittals related to the Work desig�ied or certified by destruction af tangible property (other than the Work such professional, if prepared by others, shall besir such itsel�, iucludiug the loss of use resulting therefrotn but professional's written approval when submitted to only to the extent caused by any negligent act or omissiou Engineer. of Contractor, any Subcontractor, any Supplier, or any individuui or entity directly or indirectly em��loyed by any C. Owner and Engineer shall� be entitled to rely of Uiem to perforni any of the Work or anyone for whose upon the adequacy, accu►•acy and completeness of the acts any of them may be liable . services, ceMifications or npprovals perfoi7ned by such design professionals, provided Owner and Engineer have B. In auy and all claims against Ownec or specified to Contractor all peeformance and design criteria Engineer or any of their respective consultrnts, agents, that such services must satisfy. officers, directors, pAl'1t19i'S� or amployees by any employ- ee (or tl�e survivor o�� parsonal representativa of such D. Pursua�it to tlits PAragraph 6.21, Engineer's employee) of Contractor, any Subco�rtractoe•, any review and approval of design calcularions and desigi� Supplier, or �ny individual or entity directly or iud'u•ectty clrawings will be only for the limited purpose of ehecking employed by any of tt�em to perform any of ttie Work, or for confo�7nftnce witli perfoi�nance and desig►� criteria anyone for whose ects any of them mny be liable, tlie given and the design concept expressed in the Contract iudemnification obligation under Paragraph 6,20,A sl�all Docwnents. Engineer's review and approval of Shop not be limited in any way by sny limitacion on the amowit Drawiugs and otl�er submittals (except design calculRtions ( or iype of damages, compensation, oc benefits payable by aud design drawings} will be only for t{►e purpose stnted or for Contractor or any such Subcontractor, Suppliec, or in Yaragraph 6.17.D.1. � other individual or entity under workers' compensation acts, disability benefit acts, or otGer employee benefit E, Contractoi• shull not be responsible for tkie acts. adequacy of the perfa►ynance or desigu criteria reyuired � by the Contract Documents. C, The indemuificatiou obligalions of Confractor ' under Paragraph G.20.A sl�all not exteud to the liability of � Eugineer and Engineer's officers, directors, part�ers, ARTICLE 7- OTHER WORK AT THE SITE em�>loyees, agents, consultants and subcontractors arising out of: 7.01 Relared Workat Site 1. the preparation or approval of, or the failure to prepRre or approve, maps, Deawings, opinions, repor[s, A. Owner mny perform other work related to the surveys, Change Orders, designs, or Specitications; or Project at the Sits with Owner's employees, or via other direct cont��acts therefor, or have other work performed by 2, giving directions or instructions, or failing to utility owners, If suc1� other work is uot noted in tl�e Con- give tliem, if that is the primaiy cause of the injury or tractDocuments, then: dama�e. 1. written notice thereof will ba given to 6.21 Delegation ofP��ofessfonal Design Se�•vices Coukractor prior to stnrting any such other work; aud A, Contractor will not be required to provide 2. if Owner and Contractar are unable to Agree professionxl design services unless such services :u•e on entltleniei�t to or on the amount or exlent, if any, of specifically required by the Contrnct Docutneitts for a any adjustment ui fhe Contract Price or Contract Times po►tion of the Work or unless sucli seivicas sre reqnired that should be allowed as A result of such other work, a to carry Qut Con#ractor's responsibilities for coustruction Claim may be made therefor �s provided in Paragraph means, methods, techniques, sequeuces and procedures. 10.05. � Contractoc shall not be required to provide professional se�vices in violation of appiicable law. B, Contractor sl�all afford a�ch othar contractor who is a�arty to such a direct contract, each utility owner B, If professional design services or and Owner, If Owner is performing other work with � ceirti�cations by a design professional rclated to systems, Owner's employees, proper nnd safe access to the Site, a materials or equipment are specifically required of ��easonable opporhmity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such othar Bngineer will specify all performance and design criteria work, Aud shall properly coordivata the Work with theirs. that such services n�ust satisfy. Contractor shall cause Contractor shaU do ull cutting, fitting, ai�d patchiug of the such services or ceitifications to be provided by u Work fl�at muy be required to properly connect or properly licensed professional, �vhose signature and se�l otherwise make its severa( parts come together atid CJCDC C-700 Stenderd Geoernl Condllions of tlie ConstrucNon Contrnct. Copyright � 2002 NnNovnl Socicty of Professionel Enginecrs for �JCDC. All rigYls resen�ed. 00700 - 25 properly integratB wifh such other work. Contraotor shalt ARTICLE 8- OWNER'S RESPONSIBILITIES not endangcr any work of others by cutting, excavating, or otherwise altaring their work and will only cut or alter their work with the written consent of Engineer aud tha 8.01 Coeru�ritntcations lo Conh�actor• otl�ers whose work will be affected. The duties aud responsibilities of Contractor w}der this Paragrapl� are for A. Except ns otherwise provided in tliese General the benefit of such utility owners and other contractors to Conditions, Owiiei• shall issue all communicafions to the e�ctent that tl�era ace comp�rable provisions for the Contractor thraugh Enginear. benefit of Contractor in said direct contracts batweet� Owner and such utflity owners and other contracto►•s. g,p2 Replaceme�it of �ngtneer C. If the proper execirtion or results of any pTrt A, Li case of termination of the employment of of Contractor's Work depends upon work performed by Engineer, Owner sliall appoint an engiueer to whom others undcr this Articie 7, Conh•actor shall inspect such Contractor makes no renson�ble abjection, whose status other work and promptly ra��ort to Engineer in writin$ any txnder tlie Contract Documeuts shall 6e thnt of the former delays, defects, or deflciencies in such other work that Engineer. render it unavailab(e or uusuitable for the proper execution and results of Contractor's Work. Contractor's 8,d3 I':u�nish Dala failure to so report will constitute an acceptance of such other work ns fit and proper for uitegration with A. Owner shn(1 promptly fiirnish the data Contractor's Work except for latent defects and required of Owner under the Confract Documents, deficiencies in such other work. 8,04 Puy When Due ?A2 Coordination A. Ow�iar shall znake payments to Contractor A. If Owner intends to contract with others for whe�� they are due as provided in Paragraphs 14.02.0 and the perfo�7nance of other work ou the Project at the Site, 14.07.C. tlie following will be set foi�th in Supplementary Coudi- tions: 8,05 La�ids und L'ase►irents; Reporls aMd Tests I. tl�e ��dividual or entity who will hava A. Owner's duties i�t respect of providing lnnds authority and responsibility for coordination of the and easements and providing engineering swveys to activities among the various contracta•s will be identi£ed; establish reference points are set forth in Paragraphs 4.�1 aud 4.05. Paragraph 4.02 refers to Owner's identifying , 2. the specific matters to be covered by such aod making available to Contractor copies of ceports of attthority and responsibility will be itemized; and exploracions and tests of subsurface coiiditions and drawitigs of physical condifiais in or relating to existuig 3. the exteitt of snch aufhority and responsibili» surface a• subsurfttca structuces at oe contiguous to the ties will be provided. Site that have been utilized by Bngineer iu preparing fhe Contract Doctiments. B, Unless otherwise provided in the Supp(ement�ry Conditions, Owner shall have sole � 8.OG Ii�sw�ance nuthority aud respaisibility for such coordination, A, Owner's responsibilities, if auy, iu respect to 7.03 Legal Relnllonships purcl�asing and maintaining liubility and property insur- ance are set foith in Article 5, A, Paragrnphs 7.O1.A And 7.02 are not applicable for utilities not under fhe control of Owner. 8.07 Chnnge Orders I3. Euch other direct contract of Ownar under � A. Owner is obligated to cxccirte Change Ordars Paragraph 7.O1.A shall provide that tl�e other contrACtor is as indicated iu Paragraph 10.03. liable to Owner and Contractor for the reasonable d'u�ect delay aud dis�•uption costs incurred by Contraetor as a 8,08 I»specltwrs, Tesls, andflpprovul.s result of the otl�er coirtractor's actions or inactions. A. Owner's responsibility in res��ect to certain C. Conti•flctor shalt be tiable to Owner aud any inspections, tests, and approvals is sct forth in Paragraph other coniractor for the reasonable direct delay acid 13.03.B. , disil�ption costs iucurred by sucli other contracto►• as a result of Contraetor's action or inactions, �JCllC C-700 Stpudard General Conditlons of tlie Construcllon Contrnct. Copyrlght � 2902 National Socicly of Profossiunel Engineers for �JCDC. r�ll rlgLls reservcA. 00700 - 26 8.09 Li►r�itations on O�vner's Responsibilities Owner infornied of the progress of the Work aud will endeavor to gnard Owner against defective Work. A. The Owner shall not supeivisa, d'u�ect, or liave control or authority over, uor be responsible for, B. Engineer's visits and observations are subject � Co�itrucror's means, methods, techniqnes, seqttences, or to a(l the limitations on Engineei's authority aud procedures of construction, or tha safety precaulions and re5ponsibility set forth in Paragraph 9,09. Paiticularly, but programs incidant thereto, or for any failure of Conh�actor without limitation, during or as a result of Engineer's to comply witti L;sws and Regulations applicnble to the visits or observations of Contractor's Work Engir►eer will perFormauce of tl�e Work. Owner wili nof be responsi6le not supervise, direct, control, or have authority over or be for Conk�•actor's failure to perform tf�e Work in responsible for Contractor's me�u�s, metliods, techniques, accordance with the Contcact Documents. sequences, or procedures of constn�etion, or the safety precautions and programs incident tliereto, or for any 8.10 Ur�disclosed Hnzardous �nvb�orni�enlal failure of Contractor to comply with Laws and Co»dition Regulations applic�ble to the performAnce of the Work. A. Owner's rasponsibility in resnect to sn undis- 9.03 Profect Re�reserrtatl►�e c(osed Hazardous Environmental Condition is set forth in Paragra��h 4.OG, A. If O�vner and Engiueec agree, Engineer will fi�rnish a Resident Project Representativa to t►ssist 8.11 Lvidence ofFis�ancial Arrai�ge►rte�tts Eugincer in providing more extensive observation of the Work. Tl�e authority and responsiUilities of any such A. If and to the extetit Owner has agreed to Resident Project Representativa and assistants will be as fiii7�ish Contractor reasonable evidence tliat financial provided in tlio Supplementa�y Conditians, ai�d � arrangements Iiave bean made to satisfy Owner's limitations on the responsibilities thereof will be ss oUligations under the Conteact Documents, Owuer's provided in Paragraph 9.09. If Owner design�tes nnother responsibility in respect thereof will be as set fortli in the representative or agent to represent Owner �t the Site wl�o Sappleme»tary Conditions. is not Engineer's consultatrt, agent or employee, the responsibilities and autliority and limitations thereon of such other individual or entity will be as provided iu the ARTICLE 9- ENGINEER'S STATUS DURINO Supplemeutary Conditions. CONSTRUCTION 9.04 �uthorized Yariations rn Work 9.01 l?�vner's Represerltative A, �1�ginaer may authoriae ►ninor variations in the Work from the requiramcnts af the Conti'act A. Engiuccr wii! be Owner's representative Documents which do not iuvolve an adjusmient in the during tha construction period. The duties �nd responsi- Contract Price or the Contract Times aud are compatible bililies and the litnitatia�s of autl�ority of Engineer as with the design concept of the completed Project as a Owner's representativa during coustruction nre set forth functioning whole as indicated by the Contract Docu- . in the Coutract Documeiits and will not be changed ments. These may be accomplished by a Fietd Orde,• aud I without written consent of Owner and Engineec, will be biuding on Owner and also on Contractor, wlto sl�all perform the Work u�volved pi•omptly. If Owner or � 9.02 Visits to Site Contractor believes that a Field Order justifies an l adjusttuent in tlie Contract Frica or Cotifracf Timcs, or � A, Engineer will make visits to tl�e Site at iuter- both, and the parties are nnable to a�ree on entitlement to � vals appropriate to the various stages of constil�clion as or on the amount or extent, if auy, of any such ldjustment ; Engineer deems necessary in order to observe as an , a Claun may be made therefor as provided in Paragraph + experienced a�id qualified design professioual tl�e l0.05. � progress thnt has been made and the qualiry of the various � aspects of Contractor's executed Work. Based on 9.05 Rejecli��gDefective Wa�k f information obtaiued during such visits and obseivations, Engineer, for the benefit of Owner, will determine, in A. Engi�ieer will have authority to reject Work � general, if die Work is proceeding in accordance with the which Engiucer believes lo be defective, or fhat Engineer � Contract llocuments. Fngineer wil) not be required to beliaves will not produce a completed Project that make exhaustive or continuous inspections on the Site to conforms to the Contract Documents ai• that will prejudice � cheok the quality or qtiantity of tha Work. �ngineer's the integrity of the design concept of tl�e completed effoi�ts will be directed townrd peoviding for Owner a Project as a fimctioning whofe as indicated by the � greater degree of confidence tliat the completed Work wiA Contract Documeuts. Engineer will also liave suthority to coiiforin generally to the Conlract Doctuneirts. On the require special u�spectioti or testing of the Work as � basis of sucli visits and observations, Engineer will keep provided in Paragraph 13.04, �vliethea� ar not tlio Wot•k is fabricated, installed, or completed. � CJCDC C-7U0 Stflndard Genc�wl Conditlons of the Consh�uctlon Conlr»et. � ConyrlghS m 2002 iVetloual Sociefy of Professionnl Engincers for �JCDC, All rights reserved. � oo�oo - z� � � partiality to Owner or Contractor and will not be liable in 9.OG Shop Dr•cnvings, Charrge �rtle�s a»d Pay»renrs connection witli any interpretation or decision rendered in good faith in such capacity. A. In coitinectian with Engineer's autl►ority, and limitatiovs tliereof, as to Shop Drawings and Sucnples, see 9.09 Lf�n�tations on �ngineer's Autha�iry and Paragraph 6.17, Xespo��sibiltttes B. In connection with Engineer's authority, and A. Neither Engineer's attthority or responsibility limitations thereof, as to design calculations and design undor this Artiole 9 or under auy other provision of the drawings submitted in response to a delegation of Contract Documents nor any decision made by Engineer professional desigu seivices, if any, see Paragraph 6.21. in good faith either to exercise or not exercise si�ch authority ar res�onsibility or the undertaking, execcise, or C, In connecliai with Engiueer's autliority as to performauce of ony �uthority oi• responsibility by Cliange Orders, see Articles 10,11, and 12. Eugineer st�all create, impose, or give rise to any duty u� contract, tort, or otherwise owed by Engineer to D. In connectiott with Engineer's authority as to Contractor, any Subco�itrnctor, any Supplier, any other Applications for Payment, see Aiticle 14. individual or eutity, or to any surety for or employee or agent of any of them. 9,07 Deter��irr�attons for U»ii Pi�ice Wa�•k B, Engineer will not supervise, direct, control, or A. Engineer will determine the actual qu�ntities have authority over or be responsible for Contractor's and classifications of Unit Price Work performed by means, methods, teciwiques, sec�uences, or proced►u•es of Contractor. Enginee►• will review witli Contrector tfie coustruction, or the safety precautions aud progceuis � Engineer's preliminaiy deferminafions on such matteis incideiit thereto, or for any failure of ConU•actor to � before rendering a written decision thereon (by comply with Laws �nd Reg►ilations applicable to the recommendation of an Application for Payment or performance of the Work, En�ineer will not be respon- oti�erwise). Engineer's written decision thereon will be siUle for Contractor's failure to perform tUe Work in final and bindin� (except as modified by Engineer to accordauce with the Contcact Documents, reflect changed factual conditions or more �ccurate data) upon Owner and Contractor, subject to the provisions of C. Engiueer will not be responsible for the acts � Paragraph 10.05, or omissions of ContrACtor or of a��y Subcontractor, any Supplier, or of any odiar individual or entity perfoirtiing 9.08 Decis�o��s on Reguirerne��ts of Conlract any of the Work. Documents ar�d Acceptahilily of Work D, Engineer's review of the final Application for A. Engineer will be the initial interpreter of the Payment and accanpa»ying documentatiou and all requirements of the Contract Documents and judge of d�e uiainteuance and operating inshuctions, schedules, acceptability of the Work thereunder. A(1 matters in guarantees, bonds, certificates of inspectio», tests and question and other matters befwecn Owner and Contractor approvals, and other documentntion required to be arising prior to the date final payment is due rel�ting to delivered by Paragraph 14,07.A will oniy be to determine the acceptabiiity of the Work, and U�e interpretatiou of the geuernlly that their content complies with the reqi►ire- requi►•ements of the Contract Documents peMaiuing to the �nents of, and in the case of certificates of iuspections, performance of the Work, will be refeired initially to tests, and approvals that the resuIts certified indicate Engincer in writin� within 30 days of the event givii�g rise compliance with the Contract Documents. to the questian E, The limitations upon authority and respo�tsi- B, Engineer will, with reasonable promptness, bility set foi�th in tliis Paragraph 9,09 shall also apply to, � render a written decisioa ou tl�e issue referred. If Owner the Res[dent Projcct Represeutative, if uuy, aud assistants, or Gontractor believe that any such decision entitles them if any. to an adjnstment in tlie Contract Price or Coniract Times a• both, a Claim may be made under Parngraph (0.05. The date of Engineer's decision shall be the date of the r1RTICI,E 10 - CI3ANGES IN THE WORK; CLAIMS event giving rise to the issues referenced for tlie purposes ' ofParagraph lO.OS.B. ' 10.61 Authorizec�Changes in the Work � C. Engi�taer's writte�� decision on the issue referred will be final aud binding on Owner end A, Without 9nvAlidating the Coutract and without Contractor, subject to tl�e provisio��s of Paregraph ] 0.05. notice to any surety, Ownar may, at airy time or from tvna to time, order additions, deletions, or revisions in the D, When functioniug as interpreter and judge Work by a Change Order, or a Work Change Directive. ' under tl�is Paragrapl� 9.08, Engineer will not show Upou receipt of any such document, Contractor shall LJCDC G700 Slandm�d Generwl Condittous of tl�e Constructiop Covtract, CopyrlgLt � 2UU2 Natloual Society af Professionnl Euglneers for �3CDC. All rlghts reserved. 00700 - 28 pram�tly proceed with thc Work involved wiueh will ba L0.05 Clait�ts performed uncler the applicable conditIons of the Contract Documecits (except as otherwise specifically provided). A. Lnginee��'s Decision Required: All Claims, except those waived pursuant fo Paragraph 14.09, shall be B. If Owner aud Contractor are unable to agree refeered to the Engineer for decision. A decision by on entitlement to, or on the amouut ar axtent, if any, of an Engineer shall Ue required as a condition precedent to any adjustment in the Contract Price or Co�itract Times, or exercise by Owner or Contractor of any riglrts or ramedies both, that should be allowed as a result of a Work Cha�ige eitl�er may otherwise have undee the Contract Documents Directive, � Claim may be made therefor as provided in or by Laws and Regulations in respect of such Claims. Paragruph 10.05. B, Notice: Writteu uotice statiug the general 10.02 Unauthorized Changes in the J�ork uature of each Claint, shal( be delivered by fhe claimant to Engineer and iho otl�er party to tlie Coniraet pco►nptly (but A.Contractor shall noi be entitled to an incre�se in no event later than 30 days) after the sta��t of the event in the Contract Price or an axtension of the Contract giving cise tliereto. The responsibility to substantiate a Times with respect to sny work performed t1�at is nnt Claim sha[( rest with the party making the Claim. Notice required by Ihe Contract Documents As amended, of tlie amount or extent of the Claim, with supporting data modifled, or supplemented as provided in Paragraph 3.04, shall be delivered to tl�e Engineer and the other par[y to except in the case of an emergency es provided in tha Contraet witl�iu 60 days after the start of such event Paragraph 6.16 or in the case of uncovering Work �s (unless Engineer allows additional time for c[aimant to provided in Paragrxph 13,04.B, submit adciitional or more accurate data in suppot•t of sucli Claim). A Claim for au adjustment in Contract Price shall 10.03 Exec:�tion ofChange O�•ders be prepered in accordance with the provisions of Paragraph 12.O1.B. A Claim for an adjustment in Contract I A. Ownar and Contractor sl�all exocuta eppropri- Time shell be prepared in nccord�snce with the provisions ate Change Orders reco►nmended by Engineer covering: of Paragraph 12.02.B. Each Claim sliall be accompanied by claimanNs written statement thal the adjustment 1. c}�a�iges in the Work which are: (i) ordored by claimed is the entire adjustmeiit to wliicli the claimant j Owner pui•suant to Paragraph IO,O1.A, (ii) ►•equi�•ed believes it is entitled as a result of said event. The � because of aeceptance of defective Work under Paragraph opnosing parry shall submit any response to Engineer end � 13.OB.A or Owner's coiy�ectton of defective Work under the claimant within 30 days after receipt of the clalm�nYs Paragraph 13.U9, or (iii) agreed to by the parties; last submltta! (unless Enguieer a[lows additional time). 2. changes iu tlia Contracf Price or Coutract C, Enginee��'s Ac[ton, Engineer will review eacli I Times which are agreed to by the parties, inchiding any Claim and, within 30 days after receipt of tt�e last undisputed snm or amo�mt of time for Work actually submiltal of tlie claimant or the last submittal of the performed in accordance with a Work Cliange Directive; opposing party, if any, fttke one of the following actioi�s and in writing: 3, cha��ges in the Contract Price or Cantract 1, deny the Claim in whola or in pert, Times which embody thc substance of ony written decision rendered by Engineer pursuatit to Pnragraph 2, approve the Claim, or 10.05; provided tliat, in lieu of sxecuting any such Change Order, an appeal m1y be takeu from a�ry such 3. notify the paities that the Engineer is unable to decision in accoi�da��ca with the p�nvisiw�s of the Contract resolve the Claim if, in the �ngineer's sole discretion, it Documents and applicable Laws and Regulations, but would be inappropriate far tlie �,ngiiieer to do so. For during a�ty snch eppefll, Contractor shall cany on tl�e purposes of fw•ther resolution of the Claim, such notice Work and adhere to the Progress Schedule as provided in shall be daemed a denisl, Paragraph G.18.A. � A. Iu the event tliat Engineer does not take action 10.04 Natificcrlion lo Strrely on a Claim within said 30 days, the Ctaicn sliall be deemed denied. A. Tf notice of any change affecting the genei�al scope of tlie Work a• flie provisions of the Contract E. Engineer's written action under Pnragraph Documents (including, but not limited to, Contr�ct Price lO.OS.0 or denial pursuaut to Pa�•ag��apl�s 10.O5,C.3 or or Contract Tunes) is reqi�ired by tha provisions of auy 10.O5.D will be final and binding upon Owner and bond to be given to a su��ery, the giving of any sucli notice Contractor, unless Owner or Contractor invoke the wil( be Coniractoi's respousibility. The amount of each dispute resolution p►'ocedure set f'orth iu Article I6 within applicable bond will be adjusted to reflect ttie effect of 30 days of sucl� action or danial. any such change. �JCDC C-7U0 Stendnrd Ccnernl Condilious of tl►c Coustruction Contrncf. Copyrighi � 2002 Nntional Society o[ Profusstouel Englneers for �JCDC, All rigllts reservcd. 007'00 - 29 F, No Claim for an adjustment in Contrftct Price Contractar and shall deliver such bids to Owner, who will or Contract Times will be valid if not suUmitted in then detcrmine, witl� the advice of Engu►cer, which bids, accordlnce with this Paragraph 10.05. if �ny, will Ue aeceptable, If any subcotitract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost o£ fhe Work ARTICLE 11 - COST OF TI� WORK; and fee shall be determined in the same manner as ALLOWANCES; IJNIT PItICE WORK Contractar's Cost of tl�e Work and fee As provided in ihis Paragraph 11.01. 11.01 Cost of the Wa�k 4, Costs of speciaM consultants (including but not linuted to Engineers, architects, testu�g laboratories, A. Cosls Incl:�ded.� 'fhe term Cost of the Work sutveyors, attorneys, and accountants) employed for me�ns the sum of all costs, except those excluded in services specifically related to the Woi�k. Pnragraph 11.O1.B, necessarily incurred and paid by Contractor In the proper performu�ce of tlie Work. When 5. Supplemental eosts includL�g Nie following: the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is a. The proportioii of necessary h•ansportation, detern�ined o►� tiie basis of Cost of the Work, the costs to travel, and subsistence expenses of Contractoi^s be ceimbursed to Contractor will be anly those additio►ial employees incun�ed in disciiarge of duties oi• increment�i costs eequired becnuse oftl�e change in the connected with tl�e Work. Work a� because of tlie event giving rise to the Claim. Except as otlierwise may be agreed to in writiug by b, Cost, including transportation and mainte- Ownei•, such costs shal3 be in amounts no higher than nance, of alI materials, supplies, eqt�ipntent, those prevailing in tlse ]oca(ity of the Project, shall include machine►y, appliauces, office, and temporaiy onty the fol(owing items, and shall not include a�1y of the facilities At tl�e Site, and hand tools not owned by costs itemized in Pa��agrapli 11.O1.B. the workers, whicli are consumed in tl�e perfor- mance of the Work, and cost, less �i►arket value, 1, Payroll costs for empioyees in the direct of such items used but not caisamed which employ of Coutrackor in the performanco of the Work remain the property of Cont�•actor. under scliedules of job classi�icatious agceed upon by ; Owner aud Contractor. Sucl� employees shall inchide, c. RentAls of all constructiou equipment and �vithout limitation, superintendents, foremen, and other machinery, and the parts thereof whether rented personnel amployed full time at the Site. Payroll costs for fi�om Contractor or others in accoedance with employees not employed full time on tl�e Work shall be rentai ngreements approved by Owner witl� the appot•tioned on tha basis of their time spent on the Work, sdvice of Enguieer, and the costs of Payroll costs shnll inclucle, but uot ba limited to, salaries tra�ispo►tation, loading, unloading, assembly, and wages plus the cost of fringe benefits, which shall disit�antling, and re�noval thereaf. All such costs include social secui•ity contributions, unemployment, shall Ue in accordauca with the terms of said excise, and payroll taxes, workcrs' compensation, liealth rental agreements, 'I'he rent�l of auy suci� equip- and retireuient be�iefits, bonuses, siek leave, vacation and ment, macliineiy, or parts shall cesse when the holiday pay applicable thereto. Tha expenses of use thareof is no longer necesse�y for the Work, performing Work outside of regular workin� l�ours, o�i Sahirday, Sunduy, or legal holidays, sl�all be included in d. Sales, consumer, use, aud other similar ta�ces the above to the extent authorized by Ownei•, related to the Work, and for whicl� Conhactoi� is liable, imposed by Laws and Regulations. 2. Cast of al) materials And equipment fi�t•nished and incorpoi�eted in the Work, incl��ding costs of e. Deposits lost for causes other tl�au negligence trat�sportation and storage thereof, and Suppliers' field of Contractor, any Subeontractor, or anyone se�vices required in connection therewith. All cash directly or indirectly employed by any of them or discoimts shail accnie to Conh•actor unless Owner for whose acts a»y of them may be liable, and ! deposits funds with Contractor with which to make pay- royalty payments a►id fees for pe�mits and ments, in which case tl�e cash discounts shaEl accnie to licenses, Owner. All trade discounts, rebates a��d refunds Aud returns fi•om sale of surplus inatcrials and equipment shall £ Losses and damages (and eelated expenses) acciue to Owner, a�id Contractor shall make provisions so caused by damage to the Work, not compensated that they may be obtained, by insurance or otherrvise, sustained by Contractor in connaction wiUi tiie perfonnance 3. Payments made by Contractor to of the Work (except losses and damages within Subcontractors for Work performed by Subcontractors. If tlie deductiUle amounts of property uisuronc6 required by Owner, Cantractor shnll obtain competitive established vi accordance witl� Paragraph bids fi•om subconh•actors acceptable to Owner and 5.06.D) provided sucii losses and damages have �JCDC C-700 Standard Generel Coiiditions of the Construction Cnntract, Copy►•Ight 0 200Z Plationxl Society oPProfessional Engineers for EJCDC. All rigl�ts resen�ed, 00700 - 30 resultcd from causes other than the negligence of be deteirnined as set forth in the Agreement. When tha Contractor, any Subcontractor, or �nyone value of Any Work covered by K Change Order or when a directfy or indirectly employed by any of them or Claim for an acljustment in Contract Price is determined for whose acts any of them may be liable. Such on the basis of Cost ofthe Work, Contractor's fee shall be losses sl�all include settlements made with the determined as set fortl� in Paragraph 12.O1.C. written consent and appinval of Owner, No such losses, damages, and expenses shall be included D. Doctrmertta►ton: Whenever tlie Cost of the in tlie Cost of the Work for the purpose of Work For any piu�pose is to be detennIned puisuaut to deteemining Contractor's fee. Paragraphs 1 l.O1.A nud 1 LO1.B, ContracEor will establish and mAiutaiu i�ecords tl�ereof in accordance with generally g, The cost of utilities, fiie1, and sanitary accepted accounting practices and subrnit in a fonn facilities at the Site. acceptabla to Engineer an itemized cost breakdown together with supporting data. h. Mittor expenses such as telegra�ns, long distauee tetephone calls, telephona service at the 11.02 Allowairces Site, axpresses, and similar petty c�sh items in connection with the Worlc. A. It is ui�decstood that Contractor l�as included in the Contract PrIce all allowances so named in the i. Tl�c costs of premiums for all bonds and Cotttract Docutnauts and sl�all cause the Work so covered insurauee Co��traetor is required by tha Contract to be perFormed for such sums aud by such persons or � Documenis to purchase and rnaintain. entities as may be acceptable to Owner and Engineer. B. Cosls �rcluded� The teiui Cost of the Work B, CashAllowances � st�a(1 not include aity of tlie followitig items: � 1, Con�ractor agrees that: 1. Payroll costs nnd other compensation of COfltl'&Ct01 officers, executives, p��incipals (of a. tl�e cash allowances include the cost to partnerships and sole pi•oprietorships), general managers, Contractor (]ess any applicable trado discounts) saCety mavagers, engineers, architects, estimators, attor- of materials and enuipment required by tl�e neys, aaditors, accountants, pw•chasing tu�d contrncting allowances to be dalivered at the Site, aud all agents, expediters, timekeepers, cle�•ks, and other applicahle taxes; and perso�uiel employed by Contr�ctor, whether st the Site a� in Contractor's priueipal or branch ofFice for general b. Contractor's costs for unloading aud handling edministration of the Work a��d not specifically included on the Site, labor, installation , overhead, profit, in the agreed npon schedule of job classifications ►•eferred aud otlier expenses contemplated for the cash , to in Paragraph 11,01.A.1 or specifically covered by allowances have been included in the Contract Paragraph 11,O1.A.4, all of wl�ich are to be considered Price and not in the aUowswces, and no demand administrative costs covered by the Contractor's fee, for additioual pay►neiit ou account of any of the foregoing will be valid. 2. �xpenses of Co»tractor's principal and branch offices othe�� tl�an Contractor's offiea Ak the Site. C. Contingency Allowance 3. Any part of Contrsctor's capital expenses, 1, Conlractor agrees that a contingency includlug iuterest on Gonh•actoi's capital etuployed fa� allowance, if any, is for tfia sole use of Ownsr to cover the Work and churges against Contractor for delinquent unanticipated costs. payments, D. Prior to final payment, an appropriate Cl�ange ' 4, Costs due to the negligence of Contractor, any Order will be issued as recommended by Engiueer to C Subcontractor, or anyone directly or indirectly employod reflect actual amounts due Contraotor on account of Work � by any of tl�em or for wl�ose acts any of them may be covered by allowances, and the Contract Price sl�all be � IiaUle, including but not limited to, fhe coi7•ecfion o£ correspondingly adjusted. defective Work, disposal of materials or equipmeut wrongly supplied, and making good any datnage to l 1.03 (Init Price Work n�•ol��y. A. Where Htie Contract Documents provide that 5, Other overhead or ganerat expense costs of all or part of tlie Work is to be Unit Price Work, initially auy kind and the costs of any item not specifically and the Conti�act Price will be deemed to inc[ude for aU Unit expressly included in PAragraphs 11.O1.A and 11.01.B. Price Work a�� amount equal to the sum of the unit price for each separately identified item of. Unit Prtca Work . C. Co�rh��rctor's Fee: When all the Work is times tha estimated quautity of eRCh item as indioated in ��erformed on tlie basis of cost-plus, Contractor's fee shall the Agreemeut. �JCDC C-700 Standnrd General Conditions of t4e Construction Contrnet. CopyrlEht m 2002 National Sociely of Profess(onel Bngineers Por EJCDC. All rtghts resen•ed� 00700 - 31 allowauce for overhead tuid profit not necessarily in B. Tl�e estimafed quantities of iteins of Unit accordance with Paragraph 12.OI.C.2); or Price Work are not guara�iteed and are solely for tha purpose of cornparison of Bids and determining an initial 3. where the Work involved is not covered by Cantract Price. I�eterntinations of the achial quantilies unit prices contained in the Coutract Documents anci and classifications of Unit Price Work perfocmed by agreement to a lump suin is not resohed under Paragraph Contractor will bc rnade by Englneer subject to the 12.OI.B.2, on the basis of the Cost of tha Work provisions of Paragraph 9.07. (determined as provided in Paragca�h 11.01) plus a Contraotor's fee for overhead and profit (detein�iued as C. Each unif price will be deemed to include au provided in Paragraph 12.01.C). amoinrt considered by Cont��acta• to be adequate to cover Contractor's overhead And profit for each separately C. Conh�aclor s Fee: The Contractor's fec for identi�ed item. overl�ead and profit shall be detertnined es follows: D. Ownar or Contractor may mnka a Claim for 1. A mutually acceptable fixed fee; or an adjustment in die Contract Price in accordance with Parngrapft 10,05 i£ 2. if a fixed fee is not agreed upon, then a fee based on the following percenfages of ttie various po�Kions 1. ti�e quantity of any itam of Unit Price Work of the Cost of the Work; performed by Contractar differs materially and signifi- cantly fron� the estimuted quantity of such itein indicated a, for casts incurred �mder Paragrsphs 11.O1.A.1 iti the Agreement; and and 11.O1.A.2, d�e Conh�acto►'s fee shall Ue 15 percent; 2. there is no corresponding adjust�nent with respect any other item of Work; and b. fa• costs incu»•ed under Paragrapll i1.01,A.3, the Contractor's fee shali be fiva percent; 3. Contractor believes that Contrnctor is entitled , to an increase in ContrRCt Price ns a resnh of having c, where one or uiore tiers of subcortiracts are on � incurrad additional expense or Owner believes that Owuer tUe basis of Cosl of ihe Work plus a fee and uo � is entitled to a decrease in Contract Pa�ice and the parties fixed fee is agreed upon, the intent of Paragraph i are unable to agree as to the amount of auy such inerease 12.O1.C.2.a is tl�at the Subcontracfor who � or decrease. actually performs the Work, at wl�atever tier, will ; be p�id a fee of 15 percent o�'the costs uicurred by such Subcontractor under Paragraphs ARTICLE 12 - CHANGE OF CONTRACT PRTCE; 11.01.A.1 and 11.01,A.2 and that eny higher tier CHANGE OF CONTRACT TIMES Subcontractor and Contractor will each be paid a fee of Five percent of tlie amount paid to the next lower tier Subcontractor; 12.0] Change of Conu�act Price d. no fee shall be payable on the b�sis of costs A. The Contract Price may onty be chAUged by a itemized mider Paragraphs 11.O1,A.4, 11.O1.A.5, Change Order. Any Claim for an adjustme��t in the aud 11.O1.B; Contract Price shall be based on written notice submitted by Uie party making the Claim to the Engineer and tha e, the amo�mt of credit to be allowed by ofher pArty to the Contract in accordance with the Contraclor to Owuer for auy chunge which I provisions of Paragcaph 10.05. �•esults in a net decreASe in cost will be the amount of the actual net decrease iu cost plus a B. The value of any Worlc covered by a Changa deduction in Contractoi's fcc by xn amouut equal Order oi• of nny Claim for an adjustment in the Contract to five percent of sucli net decrease; and Price will be determined as follows: f. when bath additions and credits are iuvolvad 1. wheec ttie Work involved is covered by unit in auy one change, the adjostn�ent in prices contained in the Conh•act Documents, by npplica- Contractoi°s fee shalt be coniputed on the basis tion of such unit prices to the quantities of tha items of the net change in accordance with Peragraphs involved (subject to the provisions of Paragreph 11.03); 12.OI,C.2,a tlieough 12.O1.C.2.e, iuclusive. or 12.02 Change of Coniract Ttmes 2. wl�ere tl�e Work involved is not covered by unit prices containeci in ihe Contract Documents, by a A. The Coutract Times may only be changed by mutually agreed lump stun (wl�ich may inchide nn a Changa Order. Any Claim for an adjustment in the Contract Times sl�all be based on written notice submitted EJCDC C-700 Stnudnrd Gencrnl Condltious of fLe Constructlun ConU�nef. Copyrigut m 2002 Nafionnl Socicty oFProfessfonel Cugineers for �JCDC. All rights resei�ved, 00700 - 32 by tlte party making the Clain� to the �ugu�eer snd the other party to tha Contract in accordance with the provisions of Pat�agr�ph 10,05. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF B. Any Adjustment of the Contract Times DEFECTIVE WORK covered by a Cl�en�e Order or any Claim for au adjustment in the Contcact Times will be determined iu accordauce with the provisions of this Article 12. 13,01 Nolice of Defects 12,03 Delays A. Prompt notico of all defective Work of whiah Owner or Engineer has actual knowledge wlll be given to A. Where Contractor is preventecl from Contracfor. All defective Work may Ue rejeclecl, completing any par� of tl�e Work within the Contract corrected, or acce�ted as provided in this Aiticle 13. Times due to delay beyond the control of Contrector, the Contract Tunes will be extended in An nmount equa[ to 13,02 Access to i�o►•k the time lost due to such delny if n Ciaim is mada therefor es provided in Paragraph 12.02,A. Delays beyond the A. Owner, Engineer, their consultants and other control of Contractor shall include, btrt not be limited to, representatives and person»el of Owner, independent acts or naglect by Owuer, acts or neglect of utility owners testing laboratories, wnd goveri�meutal agencies with oc• otlier contractocs performing other work as contemplat- jurisdictional iuteresfs will have access to tl�e Site and ti►e ed by Article '1, fires, floods, epidemics, abnormal Work at ceasonable times for their observation, weather conditions, or acts of God. inspecting, and testing, Contractor sl�all provide them proper and safe conditions for such access and advisa � B. If Owner, Engineer, or other coutractors or tl�em of Contcactor's Site safety procedures and programs utility owners performing other work for Owner as so that tliey may comply therewith as applicaUle. contemplated by Article 7, or anyone for whom Owner is respoi�sible, delays, disrupts, or interferes with the 13.03 Tests and Inspections performance or pi•ogress of the Work, then Contractor shall be entitlad to an equitable adjiistment iu the Contract A, Contractor shall give Engineer timely notice Price or the Contract Times , or bofh, Contractor's of ►•e�diuess of the Work for all required inspeckions, entitlement to an Adjustment of the Contract Times is tests, or approvals and shall cooperale with inspection and couditioimd ou such adjustment being essential to testing personnel to facilitate required inspections or tests. Coutractor's ability to complete tl�e Work within tl�e Contract 1'imes. B. Owner shall employ aud pay fo�� the services of an independent testing laboratoiy to perfoivi all C If Contractor is delayed in the performnnce or inspections, tests, or approvals required by the Contrect progress of tlia Work by fire, flood, epidemic, abnoimal Documents excapt: weather conditions, acts of Qod, acts or failures to act of utility owners nol uud�r tlie control of Owner, or other ], for inspections, tesfs, or xpprovals covered by � causes not the fault of and beyond control of Owiier and Paragraphs 13.03.0 aud 13.03.D below; Coutractor, ti�en Contractor shall be entitled to an equitable adjushnent in Contract Times, if such 2, that costs incurred 'ui connectiou with tests or adjiistmeut is essential to Contractor's ability to completo inspecfions conducted puesuent to Paragraph 13.04.B tf�e Work within tl►e Contract Tinaes, Sucl� an adjustment shatl be paid as provided in said Paragraph L3.04.C; aud shall be Contractor's sole and exclusive remedy for tha delnys described iu tlais Parag►�aph 12.03,C, 3. as otherwise specificnlly provided in the Con- tract Documents. D. Owner, Eugiueer and tl�e Related Entities of each of tliem shall iiot be li�ble to Contractor for any C. If Laws or Regulatious of a��y public body ctaims, costs, losses, or dameges (including but not having jurisdiction rec�uire any Work (or part thereo� limited to all fees and chnrges of Engineers, architects, speci£lcally to be inspected, tested, or approved Uy an attorneys, and other pt�ofessiouals and all court or etnployee or other representative of such �ublic body, arbitratlon or other dlspute resolution costs) sustained by Contractor shAll assume fi�ll responsibiiity for arranging Contractor on or in connection witli fluy other project or and obtatning scich inspections, tests, a• approvals, pay all ! auticipated project. costs in connection therewith, and fuenish Engineer the required ce►tificates of inspection or approval. E. Contractor s(iall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor sl�all be responsible for ari�nging . within tl�e control of Cont►�actor. Delays attributable to and obtaiaing and shall pay all costs in connection with a�id within the co�rtrol of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to ba delays withiu the conh�ol of Contractor. 1nd Engineer's acceptauce of materials or equipment to EJCDC C-700 Slanderd Genernl Conditians of the ConsU�uctfon Contrnet. Copyright � 2002 Nntim�al Socicty of Yrofessfoanl Englncers for �JCDC. All rlgLts ��eseived, OU7UU - 33 be incorporated in the Work; or acceptance of materials, A. If tl�e Work is defective, or Contracfor fails to mix designs, or equipment submitted for approval p��ior to supply sufficient skilled workers or suitable materials or Contractor's purchase thereof for incorporation in the equipment, or faiis to perform tlte Work in such a way Work. Such inspections, tests, or approv�ls shall be that the completecl Woi•k will conform to the Contract performed by orga�vzations acceptable to Owner and Documents, Owner may order Contractor to stop the Engineer. Work, or any pot�tion thereof, tuitil th� cause for such order has baen eliminated; however, this rigLt of Owner E. If aziy Work (or the work of ot4�ers} that is to to stop the Work shall not give rise to any duty on the part be inspected, tested, or approved is covered by Contractor of Owner to exercise this right for the be�iefit of without written concurrence of Engineer, lt must, if Contractor, any Subcoutractor, any Supplier, any other requcsted by Engineer, be micovered for o6seivation, individ��al or ei�tity, or any surety for, or employee or agent af any of thecn, F. U��covering Work as provided in PAragraph 13,03.E shall be at Contractor's expense wiless 13.06 Carection or� Ren►oval ofDefectrve I�Vork Contractor h�s given Engineer timely notice of Contractor's intontion to cover the same and Engineer has A. Promptly after receipt of notice, Coutractor not acted with reasonaUle promptness in response to siich shall cor►•ect ail defective Wortc, whetlier or not notice. fabricated, installed, or completed, or, if the Work has Ueen rcjected by Engineer, remove iY from tlie Project and 13.04 Uncovering 13'ork replACe it with Work that is not defective. Conh�actoc• shall pay all clatms, costs, losses, and damages (including but A. If auy Work is covei�ed contrazy to the written not limited to all fees aud charges of engirieers, arcl�itacts, request of Engiueer, it must, if reyuested by Engineer, be attorneys, and othcr professionals and all court or uncovered for Engineer's observation a��d replaced at arbitration or other dispute resolution costs) arising out of Conh�actor's expense, or relnting to such correction or removal (includin� but not li�nited to all costs of repau• or re�lacemeut of work of D, Yf L+ngineer considcrs it necessniy or advisabla otl�ers). � that covered Work be observed by E�ygineer or inspected or tested by others, Contractor, at Engineei's c•equest, B, WI►en correcting defcctive Work imder the shell uucover, exposa, or otherwlse make available for ternis of tl�is Pai•agrnph 13.06 or Paragraph 13,07, i observation, inspeotion, or testing as Engineer may Contractar shall take no nction that would void or E reqiiir�, that portion of tlie Work in question, fiirnishing othecwise impair Owner's special warranty and guara�itee, � all necessary labor, materiTl, and equipinent. if any, on said Work. C. If it is found that the uncovered Work is 13,07 Co►rectio►z Pe►�lod defective, Co��t��actor shall pay all claims, costs, losses, and damages (inclnding but not limited to all fees And A. If within one year after the date of Substantial charges of engineers, arcl�itects, attorueys, and oll�er Completion (or such longer poriod of time as may be professionals and all court or arbitration or other dispute prescribed by the terms of any appticaUle special resolutioi� costs) arising out of or relatu�g to sucli guarantee required by the Contract Documents} or by auy uncoveritig, exposure, obseivation, i��spection, a�id speaific provision of the Contract Documents, any Work testing, and of satisfacto�y replacemeut or recoustruction is fo�wd to ba defective, o�� if the repair of any dama�es ta (including but not limited t� all costs of repair or the laud or areas maJe availabla for Coutractor's use by repJacement of work of others); azid Owner shall be Owner or pennitted by Laws and Regulations es entitled to an appropriata decrease in the Contract Price. If contemplated in Pa��agraph 611,A is found to be the parties are unable to agree as to the amu�mt thereof, defective, Contractor sha11 promptly, without cost to Owner may make A Claim tl►erefor as provided in Owner and in accordauce wltli Owner's written Paragraph 10.05. insiructions: � � D. If, the uncovered Work is not found to be 1. repair such defectiva land or areas; or defective, Contractor sh�ll bc allowed nn incrense in the Contract Price or an extensiou of the Contract Times, or 2. correct such defective Work; or both, directly attributabie to such uncovering, exposure, obseivation, inspection, testing, repiacemeut, and 3. if the defective Work lias been rejected by reconstrucfiou. If the paities are unable to agree as to tl�e Owi�er, remove it fi•om the Pmject and replace it with amount or extent thereof, Contractor �uay make a Claim Work that 3s not defective, And ttiere£or as provided in P�ragraph 10.05, 4. sntisfactori(y correct or repair or remove and 13,05 Osvner Muy Stop the Work replace any damage to other Worlc, to the work of othecs oe ot(ier tund or areas eesulting therefi•om. EJCDC C-700 StaudnrQ Gencrnl Conditlons of ihe Conslructla� Coulrnct Co��yrlght Cs12002 Nnilonal Soclety of Professionel Eugiueers for �JCDC, All rlgl�ts reserved. 00700 - 34 B, If Contractor does not promptly eomply with 13.09 O►vner May Correcl Defective Work tha terms of Owner's written instructions, or in at� emergency where delay would cause serious risk of loss A. If Contractor fails witliin a reasonable time or damage, Owner may have the defective Work after writteu notice from Engineer to correct defective eot7•ected or repaired or mfly have the rejected Work re- Work or to remove and replace rejected Wo►�C as required moved aud replaced. All claims, costs, losses, and by Enginecr in accorda�ice wtth Par�graph 13.OG,A, or if damages (including but not limited to all fees und charges ConU•actor fails to perform the Work in accordance with of engineers, a��chitects, attorneys, And other professionals the Contract Documents, or if Contractor fails to compiy and all court or erbitration or other dispute resolution with any other provision of tlte Confract Documents, costs) arising out of or relating to such correction or repair Owner may, aRer seven days written notice to Contractor, or such removal and replACement (including but not correck or remedy any such defcioncy. limited to all costs of repair or replacement of work of others} will be paid by Conti'actor. B, Li exercising tt�e rigl�ts and remedies under this Paragreph 13.09, Ownec shall proceed expeditiously. C. In speeial circumstances where a pa►tieutar I►i connection with such eorrective or remedial actton, item of equipment is plACed in continuous service before Owner may exclude Cont�•actor fram all or part of the Substantial Completion of all the Work, the correction Site, take possession of all or part of the Work and period for tliat item may start to run fi•om an earlier d�te if suspend Contractor's services related theceto, take posses- so provided iu the Specifications . sion of Cout��actor's tools, applianees, construction equipment and machinery at tlie Site, and incorporate in D. Where defective Work (and damage to other the Work all materials ancl equipmeut seored at tha Site or Work resulting therefrom) has been coirected or removed for which Owner I�ns paid Contractor bue which are stored and replaced under t(iis Paragraph 13.07, the correction elsewliere. Caitractor shall ailow Owner, Owner's period hereunder with respect to sucli Work will be representatives, agents az�d employees, Owner's other extended for an additional period of one year after such contractas, nnd En�ineer and Engineei"s consultants con•ection or reuioval a►id replacement has been access to the Site to enable Owner to exercise the rights satlsfactorily completed. and remedies under this Para$caph. E. Conh•actor's obligations uuder tl�is Paregraph C. All claims, costs, losscs, and damages � 13.07 are in addition to any other obligation or warranty. (including biit not limited to all fees and cl�arges of � The provisions of this Para�raph 13.07 shall not be engineers, architects, attorneys, and other professia�als I constnied as a substitute for or a waiver of the provisians and all couit or arbitration or other dispute resolution of any applicable statute of limitation or repose. costs) incun•ed ox sustained by Owner iu exercising the riglits and remedies under this Paragraph 13.09 will be ! ] 3.Q8 Accepiance of Defective lS'ork charged against Contractor, and a Chan�e Order will be issued incoiporating the necessary revisious in tlie A. Tf, instead of reqniring correctio�i or removal Contract Documents with respect to the Work; and Owner and replacement of defective Work, Ownec {a�id, prior to shAll be entitled to en appropriate dect�ease in tlie Contract Engineer's recommendation of final payment, Engineer) Price. If the parties are unable to agree as to tha amount of �refers to accept it, Owner may do so. Contractor shall the adjustment, Owner mny m�ke a Claim therefor as pay sil clauns, costs, losses, aud damages (including but provided in Paregraph 1U.05� Such claims, costs, losses not limited to all fees snd cl�az•ges of engineers, architects, and damages wilJ include but not be limited to all costs of I attorneys, �u�d othe�� professionals a��d ap court or repair, or replucement of work of otliers destroyed or � arbitration or other dispute resolution costs) �ttributable to damaged by correction, removal, or replacement of Owner's evah�ation of and detarmination to accept such Contractor's defective Work. defective Work (sucii costs to be approved by Enginee�• as � to reasonableness) and the diminished vahie of the Wark D. Contraetor sha[l not be nllowed au exteusion to the extent uot otheiwise paid by Contractor pursuant to of t(�e Contract Times because of any delay in the I this sentence, If auy such acceptance occu►s prior to perfortna��ce of tha Wock attributable to the exercise by Engineer's recommendation of finAl pnyment, a Chauge Owner of Owner's rights and remedies under tfiis � Order will be issued incorporAting the necessary revisions Paragraph 13A9, i in the CotiU�act Docwnents witli respect to the Work, and f Owner shall be entitled to an Appropriate decrease in tl�e ; Co��tract Price, reflecting the diminished value of Work ARTICLB 14 - PAYMENTS TO CONTRACTOR AND so accepted. If the paities Are unable ta agree �s to the COMPLETION � amount tt�ereof, Owner may make p Ciaim therefor as � provided in Paragraph 10.05. If the acceptance occurs aRer such recommendation, an appropriate a►nount wiil be 14.01 Schedtrle qf T�alues paid by Contracta• to Owner. A. The Schedule af Values estlblished as provid- ed iu Paragraph 2.07.A will serve as the basis for progress i E3CDC C-700 Standerd Gene��al Condiflous of the Coustcuctiwi Contract Copyright�+200Z �nflonnl Soctely ofProfessional Engineers for EJCDC. All rights rese�wed� 00700 - 33 I paynients and will be incornorated into a foi�n� of App(ica- b. ttie quality of the Work is generaUy in accor- tion for Payment acceptable to Engineer. Progress dance with the Contract Documeiits (sabject to payments on account of Unit Price Work wiii be based on an evaluation of the Work as a functioning wl�ole the manber of units completed. prior to ar upon Snbstantial Completion, to ihe resuits of any subsequent tests called for in the 14A2 Progress Paylnenls Contract Documcnts, to a final detennination of quantities and classifications for Utut Price Work A. Applications for Payments under Paragraph 9.07, and to any other qualifications statad in die recommendation); and l. At lenst 20 days befo,•e d�e date esta611shed ii� the Agreement for each progress paylneut (but not more c, fhe couditions precedent to Contractor's being often than once a moctth), Conh�actor shall submit to entitled to sucli payment flppear to have been Engineer for review an Applicntion for Paysnent filled out fuifilled in so far As it is Engineer's , sud signed by Contrector caveriug the Work completed as responsibility to o�seive the Work. of the date of the Application u►id nccompanled by sucl� supporting documentation as is reyuired by the Contract 3, By recommending any such payment Engiueer Docu[nents. If payme►rt is requested on the basis of will not thereby be deemed to have represanted that: materials ancl equipment not incorporated in tlie Work but delivered a�id suitably stored ai the Site or at a��other a. inspcctions made to check the qua[ity or the location agreed to iu writing, the Applicafion forPayment quantity of the Work as it has been performed shall a[so be accompanied by a bill of sale, i�ivoice, or I�ave been ex}►austive, extended to every aspect other doaunentation warranting tl�nt Owner has received of the Work in progcess, or involved detailed the materials uud equipment free and cIear of all Liens inspections of the Work beyond the respansi- and evidence that tl�e materials and equipment ara bilities specifically Assigned to Engineer in tlie covered by nppropriate property insurance or other Contract Documents; or aiTangements to protect Owner's interest thereiv, all of whicti must be satisfactoty to Owner, b, that there may not be other matters or issuas between the parties that uti�;ht entitle Contractor 2. Beginning witli the second Application for to be paid adclitionalty by �wner or entitle Aayment, each Application shall include an affidavit of Owner to wiU►kold payment to Contractor. Conh•actor stating that nll previous nrogress payments received on account of the Work have been applied on 4. Neither Engineer's review of Contractor's account to discharge Contrnctor's legitimatc obligations Work for the purposes of recommendIug payments ttor � associated with prior Applications for Payment. Englneei's recottnnendAtion of any payment, including � final payment, will impose responsibility on Engineer: 3. Tha amoiint of retainage with respect to � pi•ogress pnyments will be as stip�dated in tlie Agreement, a. to supeivise, direct, or control tiie Work, or B. Xevieiv of.4pplicalions b, for the meaus, methods, teclmiquas, sequencas, or }�rocsdares of construction, or the 1. Engineer will, within 10 days After receipt of sAfery precftutions and programs incident tkiereto, � each Application for Payment, either iudiante in wrlting a or recommendation of payme��t and present tl�e Application to Owner or retuni the Application to Contractor c. for Contractor's failui•e to comply with Laws indicatiug in writing Engineer's reasons for refusing to and Regulations applicable to Contractor's recommend paymeut, In the latter case, Contractor may perfa•in�u�ce of the Work, oi• make tlie necessa�y corrections aud resnbmit the Application. d. to make any examination to eseertsin how or for what purposes Contractor li�s used the 2. Engineer's reconunendation of any payment moneys paid on account of tha Conh•act Price, or requested in au Application for Payment wil] constitute a representation by Engiueer to Owner, based on Engineer's e. to determuie that title to a��y of the Work, observations on the Sitn of the executed Wark as an materials, or equipmeut has passed to Owner free expecienced and qualified design �c•ofessionAl and on and clear of nny Liens. Engineer's review of the Application for Payment and the accom��anying data and schedules, that to tlie best of S. Eugineer may refuse to recommend the whole Engineer's kuowledge, information and balief or a��y part of any payment if, in Engineer's opitiion, it would be incorrect to make the representations to Owner a. the Work has progressed to tlie poi��k uidicat- stated iu Paragraph 14.02.B,2, Engiizeer may also refuse ed; to recommend any sucl� paymcnt o�•, because of subse- quently discovereci evidence or the results of subsequent EJCDC C-700 Stnndnrd Geuerql Condltions of the Caistruclion Coulract. Copyi9ght� 2002 Nefiunel Soelely ofProfessionnl Gngineers for EdCDC. All rlg6ts resc�ved, 00700 - 36 inspectioi�s or tests, revise or revoke any sucl� payment 3. If it is subsequently determined tliat Owt►er's racommendation previously made, to such extent as may refusal of payment was not jnstified, the amount be necessa�y in Engiueer's opinion to profect Owner from w►'ongfidly withheld shall be treated as an amount due as loss because: determined by Paragraph 14.02.C,1. a. the Work Is defective, or completed Work l�as 14.03 Contraclor's Wa�runty of Title been damaged, rec�uiring correction or replaca- ment; A. Contractoc warrnnts �nd guarantees tliat title to nll �Vork, materials, and equipment covered by any b. the Contcact Prlce hus been reduced by Application for Payment, whekher incorporated in the Change-0rders; Project or not, will pass to Owner uo later than the time of paymeut fi•ee and clenr of all Lieus. c. Owner has been required to coirect defective Work or complete Work in accord�uice with 14.Q4 Substantial Co»rpletion Paragrapii 13A9; or A, When Contractor co»siders tlie entire Work d. Engineer has Actual knowledge of the ready for its intended use Coi�tractor shall notify Owner occurrence of any of the events euumerated iu aud Bngineer in writing that the entire Work is Paragraph 15.02.A. substantially complete (except for items specifically listed by Contractor ns incomplete) and reyuest tliat Brigineer C, Paymei�t Becofnes Due issue a certificate of Substantial Completion. 1. Ten days aftei• presentadon of tlie Application B. Promptly after Conh•actor's ►iotification, , for Payment to Owner with Eugineer's recomtnendation, Owner, Contractor, �nd &ngineer shall make an the amoi�nt recommeuded will (subject to the provisions inspection of the Work to deteemine the stutus of of Paragrapl► 14.02.11) become due, and when due will be completion. If Engineer does not consider tha Work paid by Ownar to Contractor. substantially complete, Engineer will notify Contractor iu writing giving the reasons therefor. D. Reduction in Payn�ent C. If Engineer conslders the Work substantiAlly 1, Owner tnay refi�se to make payment of tha fidl complete, Enginee�� will deliver to Owner a tentative amount recomtnended by Engineee because: certi�cate of Substantial Completion which shall fix the date of Substanti�l Completiou. Tliera skiall be attached to a. claiuis have been made against Owner on tlie cartificate a tentative list of items to be compfeted or account of Contractor's performance or fi�ruish- corrected before final payment. Owner sl�all have seven ing of the Work; days after receipt of the tentative cerGficate during which to make written objection to Engineer as to any provisions b. Liens 1►ave been filed in connection with the of Hie ceitificate or attached list. If, after considering such ; Work, except where Contractor has delivered a objectious, Bngineer concludes that the Work is not ; specific bond satisfactory to Owne►• to seciu�e tl�e substantially comptete, Engirieer will wltfiln 14 days ttfter satisfaction and dischacge of sucl� Liens; submission of the tentntive certifleate to Owner notify Cont►•actor iu writing, stating the reasons therefor, If, aftei• c. there are other items entitling Owner to a considaration of Owne►•'s objections, Engiueer considers set-off against the amount recommended; or the Work substantially complete, Engineer will within said 14 days execute and deliver to Owuer and Contractor d. Owner lias actaal knowledga of the ocoiirrence a definitive ceiiificate of Substantial Completion (with a of any of the events enumerated in Paragrapl�s revised tentative list of items to be cornpleted or co�rect- 14.02.B.S,a througli 14.02.B.S.c or Pacagraph ed) reflecting such changes from the te►itative certificate 15,02,A. as Engineer believes justified after consideration of any objections from Owi�er. 2. If Owner refuses to make payment of the full umount recommended by Engineer, Owner will give D. At the time of delivery of tl�e tentative Contractor immediate written uotice (with a cupy to certificate of Substantial Comp[etiou, �ngineer wtll Engineer) staling Qie reasons for such action and prompdy deliver to Owner and Contracto�• n written recommen- pay Confractor any amonnt remaining aftes deduction of dation as to division of responsibilities pending final the amount so withheld. Owner shall Enbmptly pAy payment between Ownar and Coniractor witli respect to Cantractor the amouut so witlil�eld, or any ac�justment security, operatioi�, safety, and protection of the Work, thereto sgreed to by Owner and Conu�actor, wl�en maiutenance, heat, utilitias, insw�ance, attd wArranties attd Contractor cornects to Owner's satisfaction the reasons for guarentees. Uuless Owner and Contractor agree otherwise such action. in writing a��d so inform Euguieer in writing prior to Engineer's issufng the definitive ce�tificlte of Substantisl EJCDC C-700 Stttnderd Genernl Condidous of the Constructiun Contrncf, Copyright � 1002 NxAoual Soc�ety of Professional Eugineers fa� CJCDC. All rlghts rese�ved. 00100 - 37 Completion, L�»glneer's aforesaid recommandation will that the Work is incamplete or defective. Conh•actor shall be binding on Owner and Contractor until final payment, immediately take suct� measures as are necessary to co�vpleta such Work or remedy such deflcieiscies. E. Owner shull have the ri�ht to exclude Contractor from the Site after tl�e dafe of Substantial 14.07 F�na! Payntertt Completion subject to allowing Contractor reasonable access to complete or correct items ou the tentative list, A. Application for Payment 19.05 Partral Uliliza[ior� 1. After Contractor lias, in the opinion of Enginear, satisfactorily completed all corrections A. Prior to Substantisl Completian of all the identified tluriug tl�e fuial inspection and has dalivered, in Work, Owner may use or occupy any su6stantially Qecordance witli the Contract Docume�tits, all mauitenance completed part of the Worlc whicl� has specificalty been and nperating instructions, schedtiles, guara�rtees, bonds, identified L� tl�e Contract Documents, or which Owner, ce��tific�tes or other evidence of insurance certificates of Engineer, and Contractor agree consti�utes A sepa�•ate(y inspection, ntarked-up record documents (as provided in £unctioniug and usable part of ihe Work tl�at can be used Paragrxph 6.12), and other documents, Contractor may by Owner for its inteiided pu�pose without signi�cant make application for finat payment foliowing tha interference with Contrnctor's performance of the procedure for ptbgress payments. ren�ainder of tl�e Work, subject to tt�e following condi• tions. 2, Tlte final Application for Payn�ent shall be accompanied (except as previously deli�ered} by: 1. Owner at any time �nay request Contractor in writing to permit Owner to use a• occupy any snch pait of a. all documentatian called for in the Contract the Work which Owner believes to be ready for its Documents, including but not limited to the intended use and substautially complete. If and wl�en evidence of insura��ce required by Pacagraph Contractor agreas that sueh part af the Wortc is 5.04.B.7; I substantially complete, Contractor will ceitify to Owner � a��d Engineer that such pa�t of the Work is substantially b. caisent of the surety, if any, to final payment; � complete and requcst Engiueer to issue a certificate of ' Substantial Completion for tha! pait of the Work. c. a list of all Claims against Owner that i Contractor believes m�e unsettled; and I 2. Contractor at any time may notify nwner and � Engiueer in writing that Cantractor considers any such d. complete and legally effective releases or i �art of the Work ready for its intended use a►�d substan- waivers (setisfacto�y to Owner) of all Lieu rights tially complete and request Engiueer to issue a cei4ificate arising out of or Liens filed iu counectiou with of Substantial Completion for that pa�t of the Work. the Work. 3, Withiu a reasonable time after eitl�er such 3, In lieu of t�e rale�ses or waivers of Liens request, Owner, Coniractor, aud Eugiueer s1�a1) make an specified iu Paragraph 14.07.A,2 and as approved by � iuspaction of that part of the Work to determine its status Owner, Contcactor may fi�rnish receipts or releases i�i full � of completion, If Eugineer does not consider tiiat pa��t of and an affidavit of Contcactor that: (i} tl�e releases and � the Work to bc substa»tially coniplete, Engineer will receipts includa all labor, services, material, and ! notify Owner a��d Contractor in writ3ng giving tlie reasons equlpment for which a Lieu could be filed; �ud (ii) all ; therefor, If Bngineer considers that pat�t of the Work to be payrolls, material aud equipment bills, and other � subsfantially complate, tha provisions of Paragraph 14.04 indebtediiess connected with the Work foi• which Owner ; tvill apply with respect to cerlitication of Substantial or Owner's property mi�;ht in nny way be responsibie hflve Completion of tl�at part of the Work aud the divislon of been paid or oflterwise satisfied. If any SuUconiractor or � responsibility in respect tl�ereof a�id access thei�eto. Supplier fails to furtiish such a release or receipt in full, ' Contrnctor m�ty furnish a bond or ottter collateral 4, No use or occupancy or sepArate o�erntion of satisfactoiy to �witer to indemnify Owner agau�st any j part of tha Work may occur prior to comgliance with the Lien. � requirements of Paragraph 5,10 re�arding property insurance. B. Engrneer's Itevie►v of Application and i �iceeptance � 14.0G ririall�rspect�or� f 3, If, on tl�e basis of Engineer's obseivation of A. Upon written notice fi•om Coutractor that the the Work during construction and final ivspection, and entira Work or An agreed poition thereof is complete, Engil2eer's review of the final Application foe Payment Engineer. will pro�uptly make a£mal inspection with and �ccompanying documentafion as required by tlie Owner and Conhpctor aud will uotify Contracta• in Contract Documents, Engincer is sntisfied that the Work writing of all particula�•s in which this inspection reveals has been completed and Contr�etor's other obligatlot�s EJCDC C-7Q0 Sfnndard Genernl Condtflons of N�e Coqstructiop Coufrect. Capyright � 2002 Nnttouel Soclefy oPProfessional En�inccrs for �JCDC. All rights rescrved. 00700 - 38 nnder the Conh•act Documents have heeu fulfilled, with the requircments herein and expressly acknowledged Eugineer will, within ten days after receipt of the final by Owncr in writing as still unsettled. Ahplication for Payment, indicate in writing Bngiueei's recomuiendation of payment and present the Application for Payment fo Owner for payment. At the same time ARTICLE 15 - SUSPBNSION OF WORK AND Engineer wili also give wrilten uotice to Owner and TERMINATIflN Contractor that tlte Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, �ngineer wi(I return the Application for Paymeut to Contractor, indicat- 15.01 Owner May Suspend Work ing in writing thc reasons for refusing to cecommend final payn�ent, iu wliich csse Contractor shall ntake the A. At eny time and without cause, Owuer may necessaty coiy�ections and resubmit the Application for suspend the Work or any ��ottion thereof for e period of Payment. not more than 90 consecutive duys by notica in wri[ing to Contractor and Enguieer wl�icl� will fix tt�e date on which C. Payment Becomes Due Work will be resumed, Contractor shall resume the Work ou the date so fixed, Contractor shall be granted an adjust- 1, Thirty days after A�e presentation to Owner of inent in tlte ContrACt Price or an extension of tlie Contract the Application for Payment and sccompanying docu- Times, or both, directly attributabla to any such mentation, the amount recoinmended by En�ii�eer, less suspenston if Contractor mnkes a Claim therefor as any sum Owner is entit(ed to set off against Engiueer's provided in Paragrapli 1U.05. recommendation, includin� but not limited to liquidated damnges, will become duo and , will be paid by Owner to 15.02 Q►vtte►• May Ter»ri�rate for• Ca►�se Contcactor. A, The occureence of any one or more of tlie I4,OB Fina/ Cwri�letion Delayed fallowing events will justify termination for cause: A, If, througl� no fault of Contrector, fin�l 1. Contractor's persistent failure to perform the comptetiou of the Work Is significently delayed, and if Work in aocordance with the Contract Documents Engu�eer so confirms, Owner shall, upon receipt of (includin�, but uot limited to, failure to snpply sufflcient Contractor's final Application for Paymeut (for Work skilled workers or suitable materials or equipment or fully completed and accepted) and recommendation of failure to adhere to the P►•ogress Sc[iedule established Engineer, and without tennivating the Contract, make under Paragraph 2.07 as adjusted from time to time payment of tiia bAlance due £or that po�tion of tl�e Work pursuant to Paragraph 6.04); fully completed �nd nccepted, If thc remaining bnl�nce to be hetd by Owner for Work not fully completed or 2. Contractor's disregard of Laws or Regulations co�rected is less t[ian the retainage stipulated in the of any public body having jurlsdiction; Agreement, and if bot►ds I�ave been furnished as requt�•ed in Paragraph SA 1, the writteu consent of the surety to the 3. Conh�actor's disre�ard of the suthority of payment of the balance due for that poi�tion of the Work Eugineer; or fully completed and accepted shall be submitted by Conh�actor to Engi�iear with the Appltcatioo for sucli 4. Coutr�ctor's violation in any substantial way payment. Such pnyment shall Ue made under the terms of any provisions of the Coutract Documents. and conditions goveciung final payment, except that it shall not constitute a wai�er of Clairns. B. If one or more of the events identified in Pu�agraph 15.02.A occur, Owner may, a8er giving 14.09 Warver of Clatms Contractor (and surety ) seven days written uotice of its intent to tei7ninate the seivices of Contractor; A. The making and acceplance of final payntent will constitute: 1, exclude Contractor &om the Site, and take possession of tlie Work and of all Coiitractor's tools, ], a waiver of all Clainis by Owner against ttppliauces, consftliction ec�uipment, aud machinery at tltie Cantractor, excapt Claittis arising from imsettled Liet�s, Site, and use the same to thc fu11 extent tl�ey could be fi•om defective Work appearing after £mal inspection used by ContrACtoe (without (iability to Contractor for pursuant to Paragrapl� 1�1,06, from failure to comnly with trespass oi� conversIon), 1he Conti�xct Documents oc the tenvs of any special guarautees specifiad therein, or &om Contractor's 2, u�corporate in the Work all materials and continuing obli�ations under the Conti�ct Doc�m�ents; equipment stored at the Site or for whioh Owner 1�AS paid and Contractor but which are storcd elscwhere, and 2, a waivee of all Claims by Conh�actor against Owner otl�er than those previously tnade in accordance EJCDC C-700 Staudnrd Generel Conditions of fhc Conslrucflon Coutract. Copyrlght m 2002 Nnlionel Society of Professlonal L+nglneers for EJCDC, All rlgLfs eesei�ed, 00700 - 39 3. complete ths Work as Owner tnay deem 2. expenses sustained prior to the effective data expedient, of termination in performing services and fut�nishing labor, materials, or equipment as required by the Contract C. If Owner proceeds as provided in Paragraph Documents in connection with uncompleted Work, plus 15.02.B, Contractor shall not be eutitled to receive any Fair a�id reasouable smns for overhead a�id profit on such furtlier payment until the Work is campleted. If the expenses; unpaid balance of tha Contract Price exceeds nll claims, costs, losses, and da�n�ges (iucluding but not limited to all 3, alt ciaims, costs, losses, and damnges fees and chArges of engineers, architects, uttorneys, and (includiug but not litnited to al1 fees and charges of otl�er professionAls And all oourt or arbitration or other engineers, architects, attorneys, and ott�er pirofessionals dispute resolutlon costs) sustained by Owner arisin� out and all court or arbitration or other dis�ute resolution of or reluting to completing the Work, such excess will Ue costs) incurred in settlement of terminated conh�acts with paid ta Contractor. If such claims, costs, losses, a��d Sttbcontractors, Suppliers, and others; aud damages exceed such unpaid balanee, Crnit�•acta� shaU pay the diffcrcnce to Owner, Such claims, costs, losses, 4, reasonable ex�enses directly attribirtable to and damages iiicucred by Owner wIll be reviewod by termination. Engineer as to tl�eir reasonableness and, when so approved by Bngineer, incorporated in a Change Order. B. Contractor shall not be paid on account of loss When exercising any rights or remedies under this of anticipated profits or reveniie or other economic toss Paragrapl� Owner shall not be required to obtain the arising ouf of or resulting fi•om such termination. lowest price fflr the Work performed. 15.04 Contracta• Muy Slop Work a• Termi�tc�te D, Notwithstauding Paragraphs 15.02.B aud 15.02.C, Contractor's services will not be terminated if A. If, through no act or fault of Contractor, (i) Contractor begins within seven dnys of receipt of notice the Work is suspended for more than 90 consecutive days of iiiteut to kerniinate to correct its failure to perform ttnd by Owner or under an order of court or other public proceeds diligently to ciu�e such fallure wlthu� no more authorlty, or (ii) Engineer fails to act on any Application than 30 days of receipt of said notice, fo�• Payment withi�� 30 days after it is suU�nitted, or (iii) Owner fails for 30 days to pay Contructor any si�m fnally E, Where Contractor's services have been so detennined to be dne, then Contractor may, upon seven terminated by Owner, the termivation will not affect any days written notice to Owner and Engineer, and provided ►ights or remedies of Owuer against Contrackor dian Owner or Eugineer do not remedy such suspension or exisfing or which may fhereafter accrue. Any retention or failure within that time, termlliate the Conhact and payment of moneys due Contractor by Owner will not recover froln Owner payment on the same terms as i�elease Contractor fi�om liability. provided in Paragraph 15.03, F, lf and to the extent that Contractor has B, L� lieu of terminatuig the Contract and provided a performance bond tmder the provisions of without prejudice to any other right or i�emedy, if Paragraph S.O1.A, tk�e tai7nination procedures of that bond Eugineei• has failed to act on an Applic�don for Payment shall supecseda the provisions of Paragraphs 15.02,B, aud witl�in 30 days a8er it is submitted, or Owner has fniled iS.02,C. for 30 days to pay Contrnctor any sum fuial[y determined to be due, Contractor may, seven days after written notice 15.03 O�vi7er May Terrtrinate For� Convenience to Owner and Engineer, stop the Work uotil payment is made oP all such amounts due Contractor, including A, Upon seven days writtev u�tice to Contractor lnterest khereon. The provisions of this Paragrapl� 15.04 and Eoguieer, Owner may, withont cause aud without are not intended to preclude Contractor firom mAkiug a prejudice to uny other rigltt or remedy of Owner, Claim uuder Parngraph I0.05 for an adjusttnent iu tetntinate the Contract. Li such case, Coutractor sliall be Contract Yrice or Coutract Times or otherwise for paid for (without duplication of any items): expenses or damage directly attrIbutable to Contractor's stopping the Work as pern�itted by this Paragraph. 1, completed and acceplable Work exacuted in accordance with the Contract Documeuts prior to the effective date of termination, including fair aud Alt'I'ICLE 16 - DISPUTE RESOLUTION reasonable sums for overhead and profit on such Work; 1G.01 tllethods and Pracedw•es A, Either Owner o2� Contractor may request mediation of any Claim submitted to Engiiieer for a decisioe� under Paragraph 10.05 before such decisiou becomes final Aud Uindin�. The mediation wilt be EJCDC C-7D0 Standard Generel Coudifions oCfhe Construchon Contrnct. Copyright � 2002 Nnf3oiiel Society oPProfessionni �ogineers for EJCDC. All righta reseived. 00700 - 40 governeQ by the Constnictlon v�dust�y Mediation Rules 2. delivered flt or sent by registered or certified of the American Arbitration Association in effect es of the mail, postage prepaid, to the fast business address known Effective Date of tlie Agreement. The request for to tlie give�� of the notice. mediation shall be submitted in writing to the Americsn Arbitration Association a�id fhe ol6er party to the 17.02 Contpr<<ation of Times Contract, Timely submission of the request shall stay the effect ofParag►•aph IO.OS,E. A, Wheu any period of time is referred to in tlie Confract Documents by days, it will be computed to B. Owncr and Contractor sliall participate ln the exclude the first and include the last day of such period. If medintion process jn good faith. The process shall be the Insl day of any such period falls on a Sahtrday or concluded within GO days of filin� of the request. The Sunday or on a day made a le�al holiday by t�e law of the date of tet�nination of the medlation shall be detei�ni�ied applicable jurisdiction, such day will be omitted from the Uy applicafion of the mediation rules referenced above. computation. C. If the Claim is not resolved by medi�tion, 17.03 Ct�ntt�latii�e Rernedies Engineer's actioii under Paragraph lO.OS.0 or a denial pursuant to Poragraphs 10A5.C.3 or 10.O5,D shall become A. The duties and obligations im�osed by these final and biudiug 30 days after termination of tl►e General Coi�ditions nnd the riglits nnd remedies evailable mediation unless, within that time periad, Owner or hereundec to tha pat�ties hereto ara in nddition to, nud are Contrackor: not to be consfrued in any way us a limitation of, any rights and remedies lvailable to Any or atl oFthem whioh 1, elects iu wrlting to invoke any dispute are otheitivise iuiposed or available by Laws or Regula- resolution process provided for in tl�e Supplementary tions, by special warranty or gnarantee, or by otl�er Conditions, or provisions of the Contract Documents, 'I'he provisions of ( this Parngcaph will be as effective as if repeated 2. agrees with tlie otl�er party to submit the specif cally iu the Contract Aocuments in connection with Claim to suother dispnte resolution process, or each particular duty, obligation, right, and remedy to { which they apply. i 3. gives written notice to fhe other party of their intent to submit tl�e Claim to a court of coutpetent 17A4 S:rruival of Obltgations jurisdiction. A, All representations, indemnifications, wairan- ties, and guarantees inade in, requirecl by, or given in ARTICLE 17 - MISCELLANEOUS accordance with the ContracC Documents, as wetl as all conlinuiug obligafions indicated in fhe Contract Docu- ments, will sutvive final payinent, completion, and 17.01 GIYl1ig Np/ICB acceptance of die Work or termuiatiou or completiou of the Contract or tei7nination of the seivices of Contractor. A. Whenever any provision of the COIl�I Docwnents reqaires the giving of written notice, it will be 17,05 Coratr�olling Lmv deemed to have beeii validly given if: A. This Conlract is to be governed by the law of 1. delivered in person to the individual or to a the state in wl�ich ihe Project is located. member of the firtn or to an officer of tl�e corporation for whotn it is li�tended, or 17,Ob Headirigs A, Article and paragrapli headings are inserted for convcnicnce aily and do not constitute pa�Ks of tliese Ganeral Conditions. CJCDC C-700 StnnOard Gencrnl ConJitlons of the Construcllon ContracL Copyrtght 0 2002 Nafioual Saciety of ProfessionAl Englnecrs for GJCDC, All rlghts rese�ved. 00700 - 41 � TECHNICAL SPECIFICATION FOR SULFURIC AC1D SULFURIC ACID-93% '!. Sulfuric Acid shall be 93% H in tank truck quan#ities of approximately 3,500 gailons. 2. The vendor shall supply a list of no less than five references that can �erify use of the product in a membrane plant in the State of Florida. 3. The manufacturer or vendor sha11 furnish an affidavit attesting that the sulfuric acid compfies with all applicable specifications referenced within this document. 4. Vendor shall certify sulfuric acid as suitable for contact with or treatment of drinking water by an accredited certification organizatian in accordance with ANSI/NSF Standard 60, Drinkirtg Water Treatment Chemicals Health Effects. Evaluation shall be accomplished in accordance with requiremen#s thaf are no less restrictive than those listed in ANS�/NSF Standard 60. Cerfificafion shall be aocomplished by a certification organization accredited by the American Nationaf Standards Institute. A cvpy of that certification shafl accompany bid documents. 5. The manufacturer or vendor sha11 submit to Jupifer Utilities a certified analysis of each shipment. The analysis shall include %(by weight) H content, iron, arsenic, lead, barium, cadmium, chromium, copper, cyanide, magnesium, mercury, selenium, silver and zinc contents. The iron content of the material shall not exceed 15 ppm of total iron and the copper content of the material shal[ not exceed 2.0 ppm of totaE copper. If the acid does not meet #hese specifications, the foad wi([ be refused at no expense to the Town. 6. Shipping is by bul[c in acoorct to applicable regu[ations. Bidder shall assure that each delivery fruck is in A-1 mechanical condition conforming to ICC Spec. MC-310 and MC-311 for Sulfuric Acid, a hazardous chemical and wil! have the following: A. A capable driver firained in the proper handling of sulfuric acid and the use and operation of the equipment. Certification of training. Extreme care should be taken when handling sulfuric acid. Workers (drivers) trained in the handling are expected to wear proper protective clothing, goggles, and face shields. Observation of drivers perForming this duty with disregard to safeiy procedures wiil not be tolerated on Jupiter Facili#ies. 3'i W1635B B. Upon entering the Jupiter Utifities Water Treatment Plant, the driver is required to observe all safety policies, rufes and approved standard operating procedures. Means of identification on the vehicle shall be required and net weight of lio�uid cantents shall be with certified scales readings. These shall be provided to the Jupiter Utilities plant operafior on duty prior to any attempt to make defivery. The typica[ quantity of delivery is 3,5Q0 gallons and is off-loaded by compressed air supplied by Jupiter Utilities at the storage tank si#e. C. The supplier shall supply all necessary connectors and hoses required to off laad the sulfuric acid shipment into the Town's bulk storage tank. 7. Successful vendor shall provide their Standard Operating Proceciures for their drivers to the Utilities Facilifies Manager prior #o the first delivery. A copy o# the current Standard Operatirtg Procedures for Jupiter Utilities shall be provided to the successful bidder prior to #he first delivery. All procedures shall be reviewed for acceptance and in compliance with the provisions of OSHA, Subpart H, 1910.9'19, titled "Hazardous Materials". 8. Jupiter Utilities will provide the latest information on the facilities OSHA 9910.120 Hazard Communication Program to the successful bidder. The vendor shali provide a list of approved drivers with their training record kept current and a copy of their driver's [icense. The approved drivers list shall be maintained current. 9. The supplier of this product shall provide the most up to date versian of the MSDS sheet. 10. The supplier of this product shall provide safety training to all water plant personnel on the plant site at least once per year as arranged by Jupiter Utilities. 'f 1. DELIVERY: Town of Jupiter Wa#er Treatment Facility, '17403 Centra[ Blvd, Jupiter, FL 33458. 12. Ta be bid F.O.B. Delivered to Jupiter Water Treatment Facility. 13. Escalation/de-escalation for #reight will be permitted under this Contrac#. The request must be made in writing, to the Town, at Ieast 60 days prior to the rate becoming effective. Proof justi#ying the change of ra#e shall be furnished witf� the written request. 14. No escalation will be permitted for the cost of chemicals for the duration of the Contract 32 W1635B � I DATE (1�1MfDDJYYYI� I .�co o � CERTIFICATE OF LIABILITY INSURANCE 8/28/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAT[ON ONLY ANp CONFERS NO RIGHTS UPON THE CERTIFICATE IiOLOER. TFlIS CERTIFIGATE pOES NOT AFFiRMAT1VELY OR NEGATIYELY AMENA, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THiS CERTfFICATE QF INSVRANCE QOES NaT CONSTITUTE A CONTRACT BETWEEM THE ISSUING INSURER(8), AUTFtORITED REPRESENTATIVE OR PRODUCER, AND THE CER7IFICATE FtOLDER. IMPORTANT: If fhe certificate hofder �s an ADDRIONAL INSURED, the policy(ies) musf be endorsed. If SUBROGATION IS WAlVfD, subject to the terms and conditions of the policy, certain pol[cies may require an endorsemeM. A statement w� tAis cert€fcate do� no! confe� rights to the , eertiRca� holder in Ileu of such endorsvmeat s. � vxaouc�e Missv Whittingt�. USI �'JOU�fIWPat PHONE FAX No Three Memorial City E . M ,�,,� 840 Gessner, Suite 600 �nort�ss:m s.w t Houstan TX 77024 iNS� S AFFORDINOCOYERABE Nac� � INSURER A : 1NSURED INSURet B: � F10 B� Shrieve Chemical Campany irosuR�rs c• Co an 9801 Shrieve Chemical Products, Inc. �� 9755 Woodstead Court Woadlands TX 7738Q �uR� � : IN8UR8R F : COVERAGES CERTIFICATE NUMBER:1700260991 REViS10N NUMB�R: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO TIiE INSURED NAMED ABOVE FOR THE PaL1CY P�RIOb INOICA'fED. NOTWiTHSTANOING ANY REQUIREMENT, TERM �R COND]TION OF ANY CONTRACT OR OTHER DOCl1MENT WITH RE3PEC7 TO WHICH THIS CERTIFICATE MAY BE lSSUED QR MAY PFJ2TRIN, THE INSURANCE AFFORDED BY THE POLtCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXClUSIONS AND CONDITtONS OF SUCH POLICIES. LI[utITS SHOWN MAY HAVE BEEN REDUCED 8Y PAID CLAIMS. � � TYPE OF lNSURANCE �SR p�� F POIICY EXP CIMITS � B OENEFAE uABi1JTY 000623606 9l112075 811l2D76 EpCH p�CURRENCE �1,000 000 DAMAQE 9Y F�NiED COMMERCIM_ OE�RAl. UABILI'fY PREMISES Ea oaavrenre E500.000 � CI.AiMS-lNAOE � OCCUR MEO q(p (My orre pe�son� S25 0� _ _ PERSOI4AL a aoV uUURY Ei 000 00� � G9NERAL AGGREGATE $2 000 000 OENLACiGREGATELIMITAPPCIESPEft PROOUCT3-COMP/OPAQ6 52000000 POLICY PRa X LOC $ 8 AUTOdIOBILEUABtLITY pppgz3gq6 9l1/20t5 9N/2016 �y�nt t 0060� . /WYAUTO BODILYINJURY(Perpxson) f AiLOWNEO 3Cf1E0ULED BWILY@UURY(Peraccident) S nuros auros X HIREDAU'fOS X p�pg �� p�� '�� $ - a e X uMeRELLAL1Ae X �� 0�623706 9/1I2015 9/S/2016 Eq�HOCCURF�tVC� t10,000,000 EXCESS IJAB CLAIMS-MADE qGGREGpTE $10,0(3Q,000 i DED RETENTION $ � C wors�scobP�sqnoN TSF0001163631 1011f20ib 1011l2016 X �sTAT�' oTH' � ,aatDe4lPLOrerts'u,qelu7Y YfN WC927958262314 10H@015 10J1/2016 T WMiTS Ea ANY PROPRIETORIPARFNERlEXECUTIVE E.L EACH ACCIpENF SS.00O.O� OFFICERIMau1BER EXCLU�7 � � r A (Mandamry In NH) E.L. DISEASE - EA EMPLOYE 51.000,000 ffy� describe undar -------.. _.__� __._�._.. DESCRIPTION OF OPERA710N3 bafow E.L. DISEAS£ - POL�Y LGAI7 S1 000 000 s Pollution LiabiHty 00062� 919l2015 911/2016 Ead� Oceurt�ce �4,006,000 OeducdUle $10,000 Leg� L�bllily Ded. $25,000 DESCRWTtON OF OPERATIONS! LOCATIDfiSlyEHfCLES (Attxh ACORD 107, AtltlNio�W Remsrlu SMaduU, If mon spaca k nqW� Genera! Liabiifty and Excess Liability p�icy includes Products Pollution, Exposure Liability, Time-Element Potlution Liabilit�, Non-owned Site - Pollution Liability, Transportation Pollu#ion and Contracfors Pollution liability. Certificate holder � provided with additional insured status on General Liability and HirerlMon-owned Automobile on a primary and non-contributory basis when requ€red by written contract. Certificate hoEder is provided wiEh a blan[cet waiver of subrogafion on General Llability, Auto Liability and Workers Compensation policaes See Attached... CER"fIFICATE HOLDER CANCELLATION Town of Ju i#6f SHOULD ANY OF THE ABOVE DESCRIBED POLIClES BE CANCELLEO BEFORE P THE EXPiRAT10N DA7E TNEREOF, NOTICE VNil BE DELWERED ItJ Atfn: UUlides ACCOROANCE WlTH 7HE PplICY PROVISIONS. P.O. Box 8900 Jupiter FL 33468-8900 qUT}�pRIZEp pEpRESENTATNE ..r�cu� , 01988-2010 ACpRD CQRPORATION. All rights reservetl. ACORD 25 (2090/05) The ACORD name and logo are registered marics of ACORD � � AGENCY CUSTOMER ID: '�� LOC #: CORU� ADDITI4NAL REMARKS SCHEDULE Pa9eL_ef 1 �� NNNEO INSilAEO USI Southwesf Shrieve Chemical Company Shrfeve Chemical Producfs, Inc. POLICY NUMBER 1755 Woodstead Court Woocflands TX 77380 cn�a�e nwc c� EfFECTFVE DATE: ADDITlONAL REMARKS THIS ADDITIONAL REM1AARKS FURM IS A SCHEDUEE TO ACORD FORM, FORN[ Nt1N(BER: 2 5 FORII� TIT�E: CERTiFICATE OF LIABILlTY INSURANCE hen required by written contract. Umbrella policy will follow form over General Liability, Auto Lia6ility and Workers Compensafion policles. I � I � � ACORD 401 (2008101) � 2008 ACORD CdRPORATION. Atl rights reserved. � The ACORD name and logo are registered marics of ACORD � �