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03-02-2020
City Council City of Edgewater Meeting Agenda 104 N. Riverside Drive Edgewater, FL 32132 Council Chambers6:00 PMMonday, March 2, 2020 1. CALL TO ORDER and ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROVAL OF MINUTES - None at this time 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three (3) minutes or less. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS 7. CONSENT AGENDA All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. The Riverside Conservancy Restoration for a Healthy Lagoon Hold Harmless Agreement a. Veterans Park Letter of Intent Veterans Park Indemnification Letter Attachments: Approval of Addendum #2 - Chemicals - Water - Wastewater Treatment Plants (ITB #18-ES-006) - Liquid Carbon Dioxide b. Chemicals-Addendum#2-ITB#18-ES-006-Matheson-Signed by Vendor 2020-02-19.pdfAttachments: Volusia County Public Works Mosquito Control Letter of Authority for low level flightsc. doc02210120200218111518Attachments: Page 1 City of Edgewater Printed on 2/21/2020 March 2, 2020City Council Meeting Agenda Award and authorize the City Manager to execute a contract with The Kenton Group, Inc. to construction the Tatum Boulevard to Elizabeth Street water main (ITB 20-ES-002). d. ITB 20-ES-002 - Tatum Boulevard to Elizabeth Street water main - bid document EOR Recommendation Kenton Contract signed ITB 20-ES-002 - Tatum Boulevard to Elizabeth Street water main - Bid Tab revised Attachments: US-1 Water Main: Indian River Boulevard to South Riverside Drive (CRA)e. Mead+Hunt Proposal 01/30/2020 VC Potable Water Permitting Fees.pdf Attachments: Approval of the Victim of Crime Act (VOCA) Application and Agreementf. VOCA Grant Application 20-21Attachments: 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS 2nd Reading - Ordinance No. 2019-O-31: Howard Hewitt requesting annexation of 6.0± acres of land located east of South Ridgewood Avenue and south of Packwood Road. a. 2019-O-31 Location Map Aerial Map Attachments: 2nd Reading - Ordinance No. 2019-O-32: Howard Hewitt requesting an amendment to the Comprehensive Plan Future Land Use Map to include 6.0± acres of land located east of South Ridgewood Avenue and south of Packwood Road as Commercial. b. 2019-O-32 Aerial Map Location Map Future Land Use Map Attachments: 2nd Reading - Ordinance No. 2019-O-33 - Howard Hewitt requesting an amendment to the Official Zoning Map to include 6.0± acres of land located east of South Ridgewood Avenue and south of Packwood Road as B-3 (Highway Commercial). c. 2019-O-33 Location Map Aerial Map Zoning Map Attachments: Page 2 City of Edgewater Printed on 2/21/2020 March 2, 2020City Council Meeting Agenda 2nd Reading - Ordinance No. 2020-O-03 amending and restating Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement), Article III (Cleanliness and sanitation of premises. In this entirety; of the code of ordinances, City of Edgewater, FL; providing for conflicting provisions, severability and applicability; providing the codification an effective date and for adoption. d. 2020-O-03 - Chapter 10 Littering - Newspapers 2nd readingAttachments: First Reading - Ordinance No. 2020-O-04 - Proposed Charter Ballot Languagee. 2020-O-04 - Charter Ordinance - revised 02-11-2020 Charter Review Recommendations - Memo to Council Attachments: 9. BOARD APPOINTMENTS - None at this time 10. OTHER BUSINESS Acceptance of Grant award for Hazard Mitigation Grant Program (HMGP) 4337-78-R YMCA Wind Retrofit Project a. 4337-78-R Contract (6-28-19) Florida Division of Emergency Management (FDEM) proposed contract is for the Hazard Mitigation Grant DMC-YMCA Assessment YMCA Doors and Windows Cost Estimate Attachments: 11. OFFICER REPORTS a.City Clerk b.City Attorney c.City Manager 12. CITIZEN COMMENTS 13. ADJOURN Page 3 City of Edgewater Printed on 2/21/2020 March 2, 2020City Council Meeting Agenda Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk/Paralegal Robin L. Matusick, CMC, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1102, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771. Page 4 City of Edgewater Printed on 2/21/2020 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2020-4663,Version:1 COUNCIL AGENDA ITEM SUBJECT: The Riverside Conservancy Restoration for a Healthy Lagoon Hold Harmless Agreement DEPARTMENT: Parks & Recreation Department SUMMARY: The Riverside Conservancy,a not-for-profit,has obtained a grant from the Indian River Lagoon National Estuary Program (IRL)to provide living shoreline features and has volunteered to enhance the shoreline habitat along Veteran’s Memorial Park,located at 1811 South Riverside Drive,Edgewater 32132,through plantings and oyster reef enhancement project. As part of the project,The Riverside Conservancy proposes to plant 300’of shoreline along Veteran’s Park while enhancing 200’of oyster reef.The scope of this project will occur along the south shoreline of Veteran’s Park,which has seen escarpment of the bank due to boat wakes and storm events.These events have also disarticulated and fragmented the existing oyster reefs along the shore.Stabilizing the shoreline through carefully selected plantings will immediately provide habitat for many aquatic species,sequester nutrients from runoff,and reduce erosion and escarpment.Furthermore,restoration of the oyster reefs will provide habitat for juvenile aquatic species while cleansing the water and stabilizing the intertidal area. There is no cost to the City for this project.All elements of the project including design,construction, vegetation, and permitting will be paid for through the IRL Council grant and Riverside Conservancy. Riverside Conservancy will provide monitoring services for two years.The City will assume maintenance on April 22, 2022. Additionally,Riverside Conservancy will seek additional funding to expand stormwater treatment through the canal at Veteran’s Memorial Park as well as the 18th Street Canal System. Riverside Conservancy has previously partnered with City of Edgewater, Embry Riddle Aeronautical University, Bethune-Cookman University and Marine Discovery Center with the Living Shoreline Project at the north shore of Menard May Park and the Water Goat located in the 18th Street Canal. For more information visit <https://www.riversideconservancy.org/> BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable City of Edgewater Printed on 2/21/2020Page 1 of 2 powered by Legistar™ File #:AR-2020-4663,Version:1 RECOMMENDED ACTION: Authorize the City Manager to negotiate and execute a Hold Harmless Agreement between The Riverside Conservancy and the City of Edgewater. City of Edgewater Printed on 2/21/2020Page 2 of 2 powered by Legistar™ Kelli McGee P.O. Box 571 Edgewater, FL 32132 www.riversideconserancy.org Kelli@RiversideConservancy.org RiversideConservancy.org Samantha Bergeron Parks & Recreation Director City of Edgewater 1108 S. Riverside Dr. Edgewater, FL 32132 P: 386-424-2400 ext. 7201 February 10, 2020 Dear Ms. Bergeron, Thank you for partnering with the Riverside Conservancy (RC) on advancing living shoreline within city parks. As you know, RC has obtained a grant from the IRL National Estuary Program to provide living shoreline features to Veteran’s Park via plantings and oyster enhancement. Attached is an indemnification letter for approval by the City Council for this work. A summary of the project is below. Project Statement: Riverside Restoration for a Healthy Lagoon The Riverside Conservancy proposes installing living shoreline at Veteran’s park through plantings and oyster reef enhancement. The Riverside Conservancy will plant 300’ of shoreline along Veteran’s Park while enhancing 200’ of oyster reef. The scope of this project will occur along the south shoreline of Veteran’s Park, which has seen escarpment of the bank due to boat wakes and storm events. These events have also disarticulated and fragmented the existing oyster reefs along the shore. Stabilizing the shoreline through carefully selected plantings will immediately provide habitat for many aquatic species, sequester nutrients from runoff, and reduce erosion and escarpment. Furthermore, restoration of the oyster reefs will provide habitat for juvenile aquatic species while cleansing the water and stabilizing the intertidal area. There is no cost to the City for this project. All elements of the project including design, construction, vegetation, and permitting will be paid for through the IRL Council grant and Riverside Conservancy. Kelli McGee P.O. Box 571 Edgewater, FL 32132 www.riversideconserancy.org Kelli@RiversideConservancy.org RiversideConservancy.org Project Design: Working with consultant Danny Young of Young Bear Environmental, the project may begin as soon as the city approves. Doing so will increase the chances of survival of both shoreline vegetation and oyster recruitment. Shoreline Planting: Turfgrass will be removed along the high bank, however no re-grading of the slope will need to be done. The sections of turf grass removed will be replaced with a native ground cover sunshine mimosa (Mimosa strigillosa) which need not be mowed or fertilized, and will reseed itself. Also along the upland side will be planted with native pink muhly grass (Muhlenbergia capillaris). Sand cordgrass (Spartina bakeri) will be planted waterward of the muhly grass. Closer to the water we will plant black mangrove (Avicennia germinans), followed by red mangrove (Rhizophora mangle) and smooth cordgrass (Spartina alterniflora). The addition of cordgrass and red mangrove along the intertidal zone will stabilize the adjacent shoreline while trapping sediments, sequestering nutrients from runoff, and providing habitat. Oyster Reef Enhancement: An important aspect of this restoration is the enhancement and protection of the remaining oyster reef on site. Due to increased wave energy from power boats and storms the oysters along Veteran’s Park have become disarticulated, clinging to the remainder of their reef. Using stabilized oyster shell in bags provided by the Marine Discovery Center we will give the existing oysters room to connect their reef and allow floating oyster spat an opportunity to naturally recruit to the area. We will place the oyster bags below mean high water (MHW) in 40’ sections with a 6’ break in between according to Department of Environmental Protection requirements. The oyster bags will also absorb wave energy, allowing the adjacent oysters to survive. Invasive Species Eradication: In addition to the above restoration projects, Riverside Conservancy will take manual measures to remove the invasive Brazilian perpper (Schinus terebitnhifolia) from the site. Brazilian pepper is an incredibly invasive species that can crow out other native vegetation such as salt grass and mangrove. Permit: The Florida Department of Environmental Protection has confirmed that this project qualifies for an exemption and no permit is required other than a letter of exemption. Kelli McGee P.O. Box 571 Edgewater, FL 32132 www.riversideconserancy.org Kelli@RiversideConservancy.org RiversideConservancy.org Project Timeline: With the help of Young Bear Consulting, Riverside Conservancy has begun the steps of planning and securing vegetation and oyster bags for the project. In order to endure the success of planting and oyster reef rehabilitation, we expect to begin work in February or March of 2020 after the threat of freezing temperatures has passed. The site will be visited bi-weekly for the first three months by Riverside Conservancy to assess plantings and oyster reef. After the first three months, the site will be visited monthly. The site will remain under monitoring by the Riverside Conservancy for at least five years in order to conduct comprehensive research on the oyster reefs and to ensure the success of the shoreline restoration. Riverside Conservancy will seek additional funding to expand stormwater treatment through the canal at Veterans Park as well as the 18th street canal system. Thank you for your interest in our project. Please feel free to contact us for any additional information. Sincerely, Kelli McGee Executive Director Kelli McGee P.O. Box 571 Edgewater, FL 32132 Kelli@RiversideConservancy.org RiversideConservancy.org Riverside Conservancy Indemnification Agreement WHEREAS-Riverside Conservancy has volunteered to enhance the shoreline habitat along Veteran’s Park, located at 1811 South Riverside Drive, Edgewater 32132, by creating a “living shoreline” with monitoring for the next two years with the City assuming maintenance on April 22, 2022. THEREFORE, Riverside Conservancy hereby agrees that in reference to those activities associated with the IRL Council Grant funded to improve the Mosquito Lagoon’s health and water quality at no charge to the City of Edgewater, Riverside Conservancy, its’ volunteers, workers, subcontractors, etc. shall be responsible for their own acts and omissions and will indemnify and hold harmless the City of Edgewater from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions, including any reasonable attorney fees, arising or growing out of or in any way connected with those activities or of any future work and/or activities relating to this project. By: _______________________ Kelli McGee, Executive Director Dated: _February 10, 2020__ For Riverside Conservancy City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2020-4668,Version:1 COUNCIL AGENDA ITEM SUBJECT: Approval of Addendum #2 -Chemicals -Water -Wastewater Treatment Plants (ITB #18-ES-006)-Liquid Carbon Dioxide DEPARTMENT: City Clerk/Paralegal (for Environmental Services) SUMMARY: The City issued an Invitation to Bid to obtain qualified bids from qualified and licensed firms to provide liquid carbon dioxide for use at the Water and Wastewater Treatment Plants (ITB #18-ES-006). On May 7,2018,Council approved issuing a one (1)year contract with the option of four (4)one year renewals with Matheson Tri-Gas for Liquid Carbon Dioxide. Addendum #1 utilized the first renewal option by extending the agreement period from May 6,2019 until May 7, 2020. The requested Addendum #2 will utilize the second renewal option by extending the agreement period from May 7, 2020 through and until May 6, 2020. BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☒ Yes ☐ No ☐ Not Applicable RECOMMENDED ACTION: Motion to approve Addendum #2 with Matheson Tri-Gas for Liquid Carbon Dioxide. City of Edgewater Printed on 2/21/2020Page 1 of 1 powered by Legistar™ ADDENDUM #2 TO THE CHEMICALS - WATER & WASTEWATER TREATMENT PLANT AGREEMENT WITH MATHESON TRI -GAS, INC. ITB #18 -ES -006 By Agreement made and entered into this day of , 2020, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as "CITY"), 104 North Riverside Drive, Edgewater, FL 32132 and MATHESON TRI -GAS, INC., (hereinafter referred to as "Contractor"), 2300 Cabot Drive, Suite #148, Lisle, IL 60532. WITNESSETH The CITY and CONTRACTOR mutually agree to amend that certain Agreement between the CITY and CONTRACTOR made and entered into on May 7, 2018 and pursuant to Addendum #1 extending the term until May 6, 2020 with the City of Edgewater: 1) Both parties wish to utilize the option contained in TERM OF AGREEMENT by electing to renew the contract for an additional term of one (1) year (this is the second out of 4 authorized extension). Thereby extending the current contract from May 7, 2020 through and until May 6, 2021 for Liquid Carbon Dioxide. 2) Pursuant to Section 2 and 3 of the initial agreement, this Addendum also authorizes an increase of 1.81 % resulting in an amount of $264.71 per ton. 3) The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished, ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. WITNESSES: CITY OF EDGEWATER, FLORIDA By: Dated: Glenn A. Irby City Manager WITNESSES: MATHESON TRI -GAS, INC. CK�� Name: Lw-►oae�-J �- Iacs-cy j Title: D+20UXAL, PQOOvCr 1NI�r]#4� ahQb Dated: 02- n- 'ZoZo (Agreement\Chemicals- Addendum#2-ITB#18-ES-006-Matheson-2020) City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2020-4667,Version:1 COUNCIL AGENDA ITEM SUBJECT: Volusia County Public Works Mosquito Control Letter of Authority for low level flights DEPARTMENT: City Clerk/Paralegal SUMMARY: This is an annual request from Volusia County Public Works requesting execution of the Letter of Authority for low level flights, inspection and application of insecticides to provide aerial mosquito control services. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve and authorize the City Manager to execute City of Edgewater Printed on 2/21/2020Page 1 of 1 powered by Legistar™ )* i i'.'e "WNW Volusia County FLORIDA PUBLIC WORKS DEPARTMENT MOSQUITO CONTROL DIVISION SUZANNE BARTLETT MOSQUITO CONTROL DIRECTOR 801 South Street, New Smyrna Beach, Florida 32168 Phone: (386) 424-2920 • Fax: (386) 424-2924 sbartlett(@,,volusia.orq February 14, 2020 Mike Thomas, Mayor City of Edgewater P.O. Box 100 Edgewater, Fl. 32132 Dear Mr. Thomas, Attached in this correspondence is a Letter of Authority which I am requesting to be filled out and returned to the listed address above. As in in the past, per Federal Aviation Administration (FAA) regulations, this authorizes VCMC to perform low level flights, inspection, and application of insecticides in your city to provide aerial mosquito control services. Your prompt attention to this request is greatly appreciated. If you have questions please feel free to contact me or the Aviation Manager, Paul Leone. Respectfully, Suzanne Bartlett Volusia County Mosquito Control Director Cc: Paul Leone, Aviation Manager )*. i Volusia County FLORIDA PUBLIC WORKS DEPARTMENT MOSQUITO CONTROL DIVISION Letter of Authority We hereby give authorization, during the calendar year 2020 through March 31, 2022, to the Volusia County Mosquito Control Division to perform low-level flights over our city/jurisdiction in connection with their aerial inspection and application of insecticides for the control of adult and larval mosquitoes, in compliance with the FAA regulations explained in a letter from Volusia County Mosquito Control. SIGNED: DATE: NAME: TITLE: CITY/TOWN/COUNTY: STATE: ZIP CODE: City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2020-4666,Version:2 COUNCIL AGENDA ITEM SUBJECT: Award and authorize the City Manager to execute a contract with The Kenton Group,Inc.to construction the Tatum Boulevard to Elizabeth Street water main (ITB 20-ES-002). DEPARTMENT: Finance SUMMARY: The City of Edgewater issued an Invitation to Bid (ITB 20-ES-002 -Tatum Boulevard to Elizabeth Street water main)on December 19,2019 with the sole purpose and intent of obtaining Bids from qualified and licensed State of Florida Contractors to provide all permits,insurance,manpower,material and supervision for Tatum Boulevard to Elizabeth Street water main Six bids were received and all were deemed responsible/responsive bids, as follows: Bidder Total Base Bid Alt #1: Net Effect Total Base plus Alt #1 The Kenton Group, Inc $393,385.00 (-34,400.00)$358,985.00 SanPik, Inc $533,650.00 (-$2,800.00)$530,850.00 Hazen Construction Co.$570,760.00 $0.00 $570,760.00 Masci Construction, Inc.$618.429.20 $0.00 $618,429.20 J.D. Weber Construction Co.$664,124.00 No Bid N/A DB Civil Construction, LLC.$703,985.00 (-$11,580.00)$692,405.00 Staff reviewed the base and Alternate #1 bids and determined it was in the best interest of the City to move forward with this project with the lowest Total Base Bid.The Engineer of Record,John Dillard,P.E.of the consulting firm Zev Cohen &Associates Inc reviewed the bids and recommends award per the stated bid award criteria to the lowest responsible/responsive bidder,The Kenton Group,Inc.Staff concurs with this recommendation. Explanation of Alternate #1:The Engineer of Record designed this project with thick-wall HDPE pipe for all directional drill applications,which is typical practice of the water industry.Recently,multiple utility Contractors have requested the City allow Fusible PVC pipe to be used on various projects in lieu of HDPE pipe for directional drill applications.Fusible PVC pipe is a relatively new product in the water utility market. The City has allowed some of the requested substitutions,but not all,due to concerns over the long-term integrity of the pipe and expected increased cost of repairs for Fusible PVC pipe in comparison to HDPE pipe.In each case where substitution was allowed,the City has required the Contractor provide a credit reflecting the lower purchase price of Fusible PVC which would offset the expected higher lifecycle cost of City of Edgewater Printed on 2/21/2020Page 1 of 2 powered by Legistar™ File #:AR-2020-4666,Version:2 reflecting the lower purchase price of Fusible PVC which would offset the expected higher lifecycle cost of the product.In order to collect competitively bid pricing for Fusible PVC prior to construction of this project, the City included Bid Alternate #1 as part of the Bid Form.Staff requests Council approve the Base Bid amount as reflecting the more resilient pipe material (HDPE pipe)with the opportunity to allow certain substitutions where field conditions may accommodate a less-expensive option (Fusible PVC pipe)in limited amounts. BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable 444-5555-580.63-10 $630,000.00 BUDGET AMENDMENT REQUIRED:☒ Yes ☒ No ☐ Not Applicable RECOMMENDED ACTION: Motion to award and authorize the City Manager to execute a contract to The Kenton Group,Inc.,for Tatum Boulevard to Elizabeth Street water main in the amount of $393,385.00,per terms and conditions in ITB 20-ES-002. City of Edgewater Printed on 2/21/2020Page 2 of 2 powered by Legistar™ ITB 20-ES-002 - Tatum Boulevard to Elizabeth Street water main 1 INVITIATION TO BID NUMBER ITB #20-ES-002 City of Edgewater TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN Pat Drosten Purchasing Specialist ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 2 LEGAL NOTICE Notice is hereby given that the City of Edgewater is accepting Sealed Bids for the construction of TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN. Bids will be received until 3:00 p.m., on February 6, 2020 by the City Clerk’s Office, City Hall, 104 N. Riverside Drive, Edgewater, Florida 32132. ITB 20-ES-002 “TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN” The City is seeking Bids from qualified and licensed State of Florida Contractor to provide all permits, insurance, manpower, material and supervision for the Tatum Boulevard to Elizabeth Street Water Main as more fully described in the Scope of Work and attached Plans. The successful proposer will hereinafter be referred to as the “Contractor”. The Engineer's Estimate is $400,000 Project location is within the public rights-of-way of Tatum Boulevard, Claudette Street, and Elizabeth Street near Edgewater, FL 32132. The project shall be substantially complete in 45 days and final completion within 30 days of substantial completion or 75 days total. A pre-bid conference is not applicable for this solicitation. A non-mandatory mandatory pre-bid conference will be held on January 9, 2020, commencing promptly at 10:00 a.m., and will be held in the City Hall Council Chambers, located at 104 N Riverside Drive, Edgewater, FL 32132. Contractors are expected to be familiar with existing site conditions prior to submitting a bid. A site visit will be conducted immediately following the pre-bid conference. A submission of a bid by the Contractor is considered a representation that the Contractor has visited the site and has carefully examined the site and is satisfied as to the conditions to be encountered in performing the work. One (1) original and one (1) electronic copy on a flash drive, of the proposal should be delivered to the City Clerk’s Office, City of Edgewater, 104 North Riverside Drive, P.O. Box 100, Edgewater, Florida 32132-0100 in a sealed envelope plainly marked on the outside: ITB # 20-ES-002 “TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN”. All statements shall be made upon the official bid form which may be obtained on the City’s E-Procurement site: www.demandstar.com. City of Edgewater does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. This Public Notice has been posted on the City of Edgewater website: www.cityofedgewater.org, www.demandstar.com, and also posted in the Lobby of City Hall on December 19, 2019. ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 3 TABLE OF CONTENTS 1) Introduction/Overview ......................................................................................................................................4 A. Purpose/Objective .............................................................................................................................................4 B. Background .......................................................................................................................................................4 C. Inquiries .............................................................................................................................................................4 D. Method of Source Selection ..............................................................................................................................5 E. Pre-Bid Conference ...........................................................................................................................................5 F. Projected Timetable ...........................................................................................................................................6 2) General Description of Specifications or Scope of Work .................................................................................6 A. Scope of Work/Specifications ...........................................................................................................................6 B. Contractor Minimum Qualifications’: ...............................................................................................................7 3) City’s Right to Inspect .........................................................................................................................................7 4) Terms and Conditions of Contract .....................................................................................................................7 5) General Terms and Conditions ...........................................................................................................................7 A. Licenses .............................................................................................................................................................7 B. Principals/Collusion ..........................................................................................................................................8 C. Taxes .................................................................................................................................................................8 D. Relation of City .................................................................................................................................................8 E. Term Contracts ..................................................................................................................................................8 F. Termination ........................................................................................................................................................8 G. Liability .............................................................................................................................................................8 H. Assignment ........................................................................................................................................................8 I. Lobbying .............................................................................................................................................................8 J. Single Proposal ...................................................................................................................................................9 K. Protest Procedures .............................................................................................................................................9 L. Public Entity Crime ...........................................................................................................................................9 M. Conflict of Interest ............................................................................................................................................9 N. Prohibition of Gifts to City Employees .............................................................................................................9 O. Immigration Reform and Control Act .............................................................................................................10 P. Equal Opportunity ............................................................................................................................................10 Q. Florida Public Records Act .............................................................................................................................10 R. Scrutinized Companies pursuant to FS Sections 287.135 and 215.473 ..........................................................10 S. Other Agencies ................................................................................................................................................11 6) Instructions for Bid ............................................................................................................................................11 A. Compliance with the ITB ................................................................................................................................11 B. Acknowledgment of Insurance Requirements .................................................................................................11 C. Acknowledgment of Bonding Requirements ..................................................................................................11 D. Delivery of Bids ..............................................................................................................................................12 E. Evaluation of Bids (Procedure) .......................................................................................................................13 F. Ambiguity, Conflict, or Other Errors in the ITB .............................................................................................13 G. Proposal, Presentation, and Protest Costs .......................................................................................................14 H. Acceptance or Rejection of Bids .....................................................................................................................14 I. Requests for Clarification of Bids.....................................................................................................................14 J. Validity of Bids ................................................................................................................................................14 K. Response Format .............................................................................................................................................14 L. Bid Evaluation Committee and Evaluation Factors .........................................................................................15 7) Contract / Agreement and All Required Forms ..............................................................................................16 Exhibit “A” – Supplemental Contract Requirements and Technical Specifications Exhibit “B”- Plans ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 4 INVITATION TO BID ITB 20-ES-002 “TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN” 1) Introduction/Overview A. Purpose/Objective The City of Edgewater has issued this Invitation to Bid (hereinafter, “ITB”) with the sole purpose and intent of obtaining Bids from qualified and licensed firms offering to provide all permits, insurance, manpower, material and supervision for the TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN to include construction of a total of approximately 3,600 LF potable water main utilizing 8 inch and 12 inch diameter PVC for open trench installation and 10 inch and 12 inch diameter HDPE for directional drill installation, including four (4) interconnections with existing water mains, in an established residential area, as more fully described in the Scope of Work and attached Plans. The successful proposer will hereinafter be referred to as the “Contractor”. Project location is within the public rights-of-way of Tatum Boulevard and Claudette Street near Edgewater, FL 32132. If awarded, a contract to provide these services will be effective on the date contract is approved by the City of Edgewater, City Council (herein after, the “Council”), signed by all required parties and filed with the City Clerk. As is more fully explained in Section “6L” of this ITB, an award, if made, will be made based on the lowest, compliant, qualified bid(s) unless specified otherwise in the Invitation to Bid. B. Background The City serves an area of 22.44 square miles with a population of approximately 21,394. The City’s fiscal year begins on October 1st and ends on September 30th. The Finance Department maintains the funds and accounts of the City. The Finance Department is responsible for the custody and accounting of funds of each department. More detailed information on the government and its finances can be found in City of Edgewater’s Comprehensive Annual Financial Report for fiscal year 2017-2018 and in the City’s Annual Budget for fiscal year 2019-2020. Copies of these documents may be viewed on www.cityofedgewater.org. The City of Edgewater is exempt from any and all state, local and federal taxes. C. Inquiries Direct questions related to this ITB to Pat Drosten, Purchasing Specialist, and submit such questions in writing to purchasing@cityofedgewater.org. Please include the page and paragraph number for each question in order to ensure that questions asked are responded to correctly. Proposers must clearly understand that the only official answer or position of the City will be the one stated in writing from purchasing@cityofedgewater.org. All questions asked, along with the answers rendered will be electronically distributed to firms registered for this solicitation and additionally posted on the City website (www.cityofedgewater.org) and on DemandStar (www.demandstar.com). ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 5 D. Method of Source Selection The City is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Resolution 2019-R-20 establishing and adopting the City Purchasing Policy. Each proposal will be reviewed to determine if the proposal is responsive to the ITB. Proposals deemed to be non-responsive may be rejected without being evaluated by the Evaluation Committee appointed by the City Manager, which shall be comprised of a minimum of three (3) City employees. The committee will make a recommendation to the City Council who will make the final selection(s). ITB’s that are solely priced based will be reviewed by the Purchasing Specialist and Project Manager and will not be subject to the Evaluation Committee process. A responsive proposal is one which has been signed and submitted by the specified Proposal deadline, and has provided the information required to be submitted with the Proposal. While poor formatting, poor documentation and/or incomplete or unclear information may not be cause to reject a proposal without evaluation, such substandard submissions may adversely impact the evaluation of a Proposal. Respondents who fail to comply with the required and/or desired elements of this ITB do so at their own risk. The City may, as it deems necessary, conduct discussions with responsible proposers determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. E. Pre-Bid Conference A pre-bid conference is not applicable for this solicitation. A non-mandatory mandatory pre-bid conference will be held on January 9, 2020, commencing promptly at 10:00 a.m., and will be held in the City Hall Council Chambers, located at 104 N Riverside Drive, Edgewater, FL 32132. Contractors are expected to be familiar with existing site conditions prior to submitting a bid. A site visit will be conducted immediately following the pre-bid conference. The purpose of the pre-bid conference is to allow an open forum for discussion and questioning with City staff regarding the ITB with all prospective proposers having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the ITB. Only written responses to written questions will be considered official, and will be included as part of the ITB as an addendum. All prospective proposers are strongly encouraged to attend, as, unless requested by the department, this will be the only pre-bid conference for this solicitation. If this pre-bid conference is denoted at “mandatory”, prospective bidders must be present in order to submit a bid response. ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 6 F. Projected Timetable The following projected timetable should be used as a working guide for planning purposes only. The City reserves the right to adjust this timetable as required during the course of the ITB process. Event Date ITB Notice December 19, 2019 Non-Mandatory Pre Bid Meeting January 9, 2020 10:00 am Last Date for Receipt of Written Questions January 23, 2020 Addendum due January 30, 2020 Bid Close Date February 6 2020 3:00 pm Evaluation/Notice of Recommendation February 13, 2020 City Council Hearing March 2, 2020 2) General Description of Specifications or Scope of Work The City of Edgewater is seeking a qualified and licensed State of Florida Contractor to furnish all labor, materials, and services without exception, for the TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN as indicated the Technical Specifications and Plans included in this document. This project involves construction of a total of approximately 3,600 LF potable water main utilizing 8 inch and 12 inch diameter PVC for open trench installation and 10 inch and 12 inch diameter HDPE for directional drill installation, including four (4) interconnections with existing water mains, in an established residential area as more fully described in the Scope of Work and attached Plans. The Project Site is located within the public rights-of-way of Tatum Boulevard and Claudette Street near Edgewater, FL 32132. The project shall be substantially complete in 45 days and final completion within 30 days of substantial completion or 75 days total. The estimated budget for this project is $400,000 All associated fees are to be included with bid submittal price. Contractor is responsible for all permits and associated fees. A. Scope of Work/Specifications Scope of work is detailed in Exhibit “A” – Supplemental Contract Requirements and Technical Specifications and in Exhibit “B”- Plans, which are included as a part of this document. In addition, the Volusia County Health Department: Public Water System (PWS) Construction Permit and Volusia County Public Works Department: Right-of-Way Use Permit are pending. Contractor shall abide by the conditions of the above mentioned permits which will be made available upon issuance. ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 7 B. Contractor Minimum Qualifications’: Contractor must be licensed in the state of Florida as a General Contractor and/or Underground Utility Contractor. Contractor must provide a minimum of three (3) references for projects where similar work was performed. References must include project name, name of client contact/project manager, contact address, telephone number and email address. Contractor must perform the minimum 30% of the contract value using Prime Contractor’s own forces. Contractor shall list sub-contractors and specific work that they will be responsible for. Sub- contractors listed may not be substituted after award without approval. Prime and all sub-contractor team firms must be licensed to do business in the State of Florida and must provide Business License with bid. 3) City’s Right to Inspect The City or its authorized Agent shall have the right to inspect the Contractor’s facilities/project site during and after each work assignment the Contractor is performing. 4) Terms and Conditions of Contract For the purpose of this solicitation, the attached “Additional Contract Provisions” will apply as well as the standard contracts/agreements. Where a conflict exists between the standard agreement and the provisions specific to this project, as contained within the Attachments & Exhibits, the City Manager or his/her designee shall resolve in writing which provision applies. The selected Contractor should submit a signed copy of the contract attached with this document as a part of the bid submittal. Contract will become effective once City Council approves and authorizes the City Manager to execute said contract. A contract(s) resulting from this ITB shall be subject to the terms and conditions set forth in a standard City Contract. The City reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the righ ts of the City. The City will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Contractor. 5) General Terms and Conditions A. Licenses The Contractor is required to possess the correct occupational license, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Copies of the required licenses must be submitted with the Proposal response indicating that the entity proposing, as well as the team assigned to the City account, is properly licensed to perform the activities or work included in the contract documents. A Contractor, with an office within the City is also required to have a business tax receipt and certificate of use. If you have questions regarding required professional licenses and Business Tax Receipt and Certificate of use, contact the Finance Department, (386) 424-2400. ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 8 B. Principals/Collusion By submission of this Proposal, the undersigned, as Proposer, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. C. Taxes The City is exempt from Federal Excise and State of Florida Sales Tax. D. Relation of City It is the intent of the parties hereto that the Contractor shall be legally considered an independent contractor, and that neither the Contractor nor their employees shall, under any circumstances, be considered employees or agents of the City, and that the City shall be at no time legally responsible for any negligence on the part of said Contractor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. E. Term Contracts If funds are not appropriated for continuance of a term contract to completion, cancellation will be accepted by this Contractor on thirty (30) days prior written notice. F. Termination Should the Contractor be found to have failed to perform his services in a manner satisfactory to the City, the City may terminate this Agreement immediately for cause; further the City may termina te this Agreement for convenience with a thirty (30) day written notice. The City shall be sole judge of non-performance. G. Liability The Contractor will not be held responsible for failure to complete contract due to causes beyond its control, including, but not limited to, work stoppage, fires, civil disobedience, riots, rebellions, Acts of Nature and similar occurrences making performance impossible or illegal. H. Assignment The Contractor(s) shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its rights, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City. I. Lobbying All firms are hereby placed on NOTICE that the City does not wish to be lobbied, either individually or collectively about a matter for which a firm has submitted a Proposal. ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 9 Firms and their agents are not to contact members of the City Council for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from time of advertisement to final Council approval, no firm or their agent shall contact any other employee of the City in reference to this Proposal, with the exception of the Finance Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. J. Single Proposal Each Proposer must submit, with their proposal, the required forms included in this ITB. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub - consultant to any other firm submitting under the same ITB. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. K. Protest Procedures Any appeal or protest to the Invitation to Bid shall be governed by the City of Edgewater’s Purchasing Policies and Procedures. L. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, Bids, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity for a period of 36 months following the date of being placed on the convicted ven dor list. M. Conflict of Interest Proposer shall complete the Conflict of Interest Affidavit included as an attachment to this ITB document. Disclosure of any potential or actual conflict of interest is subject to City staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. N. Prohibition of Gifts to City Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any City employee, as set forth in Chapter 112, Part III, Florida Statutes, the current City Ethics Ordinance, and City Administrative Policy. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with City staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the City for a specified period of time, including but ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 10 not limited to: submitting bids, ITB, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. O. Immigration Reform and Control Act Proposer acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the City shall have the discretion to unilaterally terminate said agreement immediately. P. Equal Opportunity The City recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women business enterprises. Q. Florida Public Records Act All material submitted regarding this ITB becomes the property of the City. ITB documents may be reviewed by any person ten (10) days after the public opening. The Professional Consultant should take special note of this as it relates to any proprietary information that might be included in its offer. Any resulting contract may be reviewed by any person after the contract has been executed by the City. The City has the right to use any or all information/material submitted in response to this ITB and/or any resulting contract from same. Disqualification of a Professional Consultant does not eliminate this right. This section is further subject to F.S. 119.01 and 119.0701 et seq. R. Scrutinized Companies pursuant to FS Sections 287.135 and 215.473 Contractor must certify that the company is not participating in a boycott of Israel. Contractor must also certify that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Comp anies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Contractor must submit the certification that is attached to this contract. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certificat ion was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 11 S. Other Agencies All Bidder(s) awarded contracts from this bid or proposal may, permit any municipality or other government agency to participate in the contract under the same prices, terms and conditions, if agreed to by both parties. It is understood that at no time will any city, municipality, or other agency be obligated for placing an order for any other city, municipality, or agency; nor will any city, municipality, or agency be obligated for any bills incurred by any other city, municipality or agency. Further, it is understood that each agency will issue its own purchase orders to the awarded bidder(s). 6) Instructions for Bid A. Compliance with the ITB Bids must be in strict compliance with this ITB. Failure to comply with all provisions of the ITB may result in disqualification. B. Acknowledgment of Insurance Requirements By signing the Insurance Requirements included in this ITB, Proposer acknowledges these conditions include Insurance Requirements. It should be noted by the Proposer that, in order to meet the City's requirements, there may be additional insurance costs to the Proposer's firm. It is, therefore, imperative that the proposer discuss these requirements with the Proposer’s insurance agent, as noted on the Insurance Check List, so that allowances for any additional costs can be made by the Proposer. The Proposer's obligation under this provision shall not be limited in any way by the agreed upon contract price, or the Proposer's limit of, or lack of, sufficient insurance protection. Proposer also understands that the evidence of required insurance may be required within five (5) business days following notification of its offer being accepted; otherwise, the City may rescind its acceptance of the Proposer’s bid. The specific insurance requirements for this solicitation are included as part of this solicitation. C. Acknowledgment of Bonding Requirements By signing its bid, and if applicable, Proposer acknowledges that it has read and understands the bonding requirements for this bid. Requirements for this solicitation are checked. Not Applicable Bid Bond: Shall be submitted with bid response in the form of certified funds, cashiers’ check, or an irrevocable letter of credit, a cash bond posted with the City Clerk, or bid bond in a sum equal to 5% of the cost bid. All checks shall be made payable to the City of Edgewater on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 12 The Bid Bond shall be retained by the City as liquidated damages if the successful Proposer fails to execute and deliver to the City the unaltered contract, or fails to deliver any required Performance and Payment Bonds or Certificates of Insurance, all within twenty-one (21) calendar days after receipt of the Notice of Selection for Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to the City upon said bond. The Bid Bonds o f the three (3) highest ranked Proposers shall be held until the contract has been executed by the successful Proposer and same has been delivered to the City together with the required bonds and insurance, after which all three (3) Bid Bonds shall be released to the respective Bidders. All other Bid Bonds shall be released within fourteen (14) calendar days of the Evaluation Committee meeting date. No bids including alternates shall be withdrawn within one hundred and eighty (180) days after the bid closing date thereof. If a bid is not accepted within said time period it shall be deemed rejected and the Bid Bond shall be released to the Proposer. In the event that the City awards the contract prior to the expiration of the one hundred and eighty (180) day period without selecting any or all alternates, the City shall retain the right to subsequently award to the successful Proposer said alternates at a later time and approved by the Finance Director or designee, and the successful Proposer. Performance and Payment Bonds: For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. All performance security under the subsequent contract shall be in force throughout the final completion and acceptance of the project awarded. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner’s approval. D. Delivery of Bids All bids are to be delivered before February 6, 2020, local time, on or before 3:00 p.m. to: City of Edgewater City Clerk 104 N. Riverside Drive Edgewater, Florida 32132 The City shall not bear the responsibility for bids delivered to the City Clerk past the stated date and/or time indicated, or to an incorrect address by proposer’s personnel or by the proposer’s outside carrier. ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 13 However, the City Clerk, or designee, shall reserve the right to accept bids received after the posted close time only under the following condition: The tardy submission of the bid is due to the following circumstances, which shall include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. Proposers must submit two (2) total copies of the proposal, one (1) original and one (1) electronic copy in PDF format, on a USB flash drive. List the Bid Number on the outside of the box or envelope and note “Invitation to Bid enclosed.” E. Evaluation of Bids (Procedure) The City’s procedure for selecting is as follows: 1. Invitation to Bid issued. 2. Subsequent to the closing of bids, the Department and the Purchasing Specialist shall review the bids received and verify whether each bid appears to be minimally responsive to the requirements of the published ITB 3. Vendor selection will be based on the lowest, compliant, qualified bid unless specified otherwise in the Invitation to Bid. 4. The City reserves the right to withdraw this ITB at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. 5. Receipt of a bid by the City or a submission of a bid to the City offers no rights upon the Proposer nor obligates the City in any manner. 6. Acceptance of the bid does not guarantee issuance of any other governmental approvals. The City reserves the right to withdraw this ITB at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the City or a submission of a proposal to the City offers no rights upon the Proposer nor obligates the City in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. F. Ambiguity, Conflict, or Other Errors in the ITB If a Proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the ITB, Proposer shall immediately notify the Purchasing Specialist, noted herein, of such error in writing and request modification or clarification of the document. The Purchasing Specialist will make modifications by issuing a written revision and will give written notice to all parties who have received this ITB from the Finance Department. ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 14 The Proposer is responsible for clarifying any ambiguity, con flict, discrepancy, omission, or other error in the ITB prior to submitting the Proposal or it shall be waived. G. Proposal, Presentation, and Protest Costs The City will not be liable in any way for any costs incurred by any proposer in the preparation of its Proposal in response to this ITB, nor for the presentation of its Proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. H. Acceptance or Rejection of Bids The right is reserved by the City to waive any irregularities in any Proposal, to reject any or all Bids, to re-solicit for Bids, if desired, and upon recommendation and justification by the City to accept the Proposal which in the judgment of the City is deemed the most advantageous for the public and the City. Any Proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful proposer, or their refusal to enter into the City contract, the City reserves the right to accept the Proposal of any other proposer or to re-advertise using the same or revised documentation, at its sole discretion. I. Requests for Clarification of Bids Requests by the Purchasing Specialist to a proposer(s) for clarification of Proposal(s) shall be in writing. Proposer’s failure to respond to request for clarification may deem proposer to be non-responsive, and may be just cause to reject its Proposal. J. Validity of Bids No Proposal can be withdrawn after it is filed unless the Proposer makes their request in writing to the City prior to the time set for the closing of Bids. All Bids shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. K. Response Format The bid shall be deemed an offer to provide services to the City. In submitting a bid, the Proposer declares that he/she understands and agrees to abide by all specifications, provisions, terms and conditions of same, and all ordinances and policies of the City. The Proposer agrees that if the contract is awarded to him/her, he/she will perform the work in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of bids, all bids must conform to the guidelines set forth in this ITB. Any portions of the bid that do not comply with these guidelines must be so noted and explained the Acceptance of Conditions section of the bid. However, any bid that contains such variances may be considered non-responsive. Bids should be prepared simply and economically, providing a straightforward concise description of the Proposer’s approach and ability to meet the City’s needs, as stated in the ITB. All copies of the bid ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 15 should be bound and tabbed. The utilization of recycled paper for bid submission is strongly encouraged. The items listed as required forms shall be submitted with each bid and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a proposer to include all listed items may result in the rejection of its bid. All costs associated with delivering the requested services shall be detailed in the format requested on the Proposal Form. L. Bid Evaluation Committee and Evaluation Factors As previously stated, award of contract shall be based on the lowest, compliant, qualified bid unless specified otherwise in the Invitation to Bid. BIDS WILL BE EVALUATED ON LOWEST OVERALL COST TO THE CITY, IN CONSIDERATION OF BASE BID AND ANY ALTERNATES. Drug-Free Workplace: In accordance with Florida Statute 287.087, preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a proposal received from a business that furnishes a form certifying that it is a Drug Free Workplace shall be given preference in the award process. NOTE: In the event, the submitter wishes to provide items specified above and beyond the stated requirements of this request at “no cost” to the City of Edgewater, these services should be identified and included in the request response. Tie Breaker: In the event of a tie (with each business certifying that it is a Drug-Free Workplace), both in individual scoring and in final ranking, the firm with the lowest volume of work on City projects within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the Proposer, subject to verification at the City’s option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. If neither vendor has performed in work in the last five years, the preference will be given to the Proposer within the city limits or principal office closest to City Hall. ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 16 7) Contract / Agreement and All Required Forms NOTE: Submitted proposals that fail to include required documents may be deemed non - responsive Required forms: Signed Standard Contractor Services Contract Proposers Checklist Conflict of Interest Affidavit Proposers Qualification Form Declaration Statement Insurance Requirements Drug Free Workplace Certification Non-Collusion Affidavit of Prime Bidder References Form Public Entity Crimes Statement Vendor Information W9 Scrutinized Companies pursuant to FS Sections 287.135 and 215.473 Public Act 2016-20 – Public Records Requirements Total Bid Form Bid Label Any additional forms included in the Attachments, including but not limited to: Trench Safety Affidavit Schedule of Unit Pricing List of Manufacturers, Suppliers and Subcontractors Bid Bond ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 17 CONSTRUCTION CONTRACT ITB 20-ES-002 TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN CITY OF EDGEWATER THIS AGREEMENT is made and entered into this ________ day of , 2020, by and between duly authorized to conduct business in the State of Florida and whose address is , hereinafter, called “CONTRACTOR” and the CITY OF EDGEWATER, a political subdivision of the State of Florida, whose address is 104 North Riverside Drive, Edgewater, FL 32132, hereinafter called “CITY”. WITNESSETH: The Owner and the Contractor, for the consideration stated herein, agree as follows: ARTICLE I. SCOPE OF WORK. The Contractor shall perform all required work and shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required to complete the construction of and all appurtenant work thereto, as described in the ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN document. All work shall be in strict compliance with the drawings and specifications, including any and all Addenda, and together with all Contract Documents hereinafter enumerated and made a part thereof. It is understood and agreed that said labor, materials, tools, equipment and service shall be furnished and said work performed and completed subject to the approval of the Owner. ARTICLE II. CONTRACT PRICE. The Owner shall pay the Contractor for performance of the work in accordance with the Contract Documents in current funds as follows: $ _____________________________ Figures _____________________________________________________ In Words Payment will be made at the unit prices listed in the attached ITB for the actual completed quantity of each item, subject to additions and deductions as provided for in the ITB. RETAINAGE. The City shall have the right to withhold retainage from Compensation paid to a Contractor Should the City decide that retainage shall be withheld from Compensation, the amount to be retained from each payment to the Contractor shall be: A. 10 % of the amount of each invoice. B. ____ % of each payment of a milestone payment based on a Project milestone schedule. C. No retainage will be taken. The City shall have the right to withhold retainage from Compensation paid to a Contractor. Should the City decide that retainage shall be withheld from Compensation, the amount to be retained from each payment to the Contractor shall be stated in the Work Order. The retainage shall be included with the final payment after all Work or Services for the Work Order have been approved and accepted by the ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 18 City and all disputed invoices have been resolved by the parties. The City shall never be required to pay an amount that would leave unpaid from the contract price or Compensation an amount less than the amount City would need to have in order to pay another consultant to complete the Work or S ervices should Contractor fail to complete the Work in a Work Order remaining incomplete as of that date. ARTICLE III. CONTRACT TIME. The Contractor agrees to commence work within thirty (30) DAYS after the date of the Notice to Proceed letter and shall complete the work within SEVENTY- FIVE (75) consecutive calendar days thereafter. ARTICLE IV. INSPECTION BY CONTRACTOR. The undersigned Contractor agrees that he has carefully inspected all Contract Documents and is familiar with same; the Contractor a grees that he is responsible for having heretofore examined the site, the location and route of all the proposed work and for having satisfied himself as to the character of the route, the location, surface and under- ground obstructions and nature thereof, the nature of the ground water conditions and other physical characteristics of the work and work area in order that he may include in the prices which he has bid and the prices of the Contract, all costs pertaining to the work and thereby provide for th e satisfactory completion thereof and determination of the Contract prices herein agreed upon, and that this Contract price is based upon these inspections and examination. ARTICLE V. LIQUIDATED DAMAGES. If the work is not completed within the time specified in Article III of this Contract, the Contractor shall pay the Owner, as liquidated damages, the sum of Five Hundred ($500.00) DOLLARS for each consecutive calendar day thereafter until the work is completed, and as outlined in the RFP document. ARTICLE VI. COMPONENT PARTS OF THE CONTRACT. This Contract consists of the following Contract Documents, all of which are hereby made a part hereof as if herein set out in full and all of which are familiar to the Contractor: 1. Invitation to Bid – ITB #20-ES-002 (including attachments/exhibits/all required documents) 2. Bid Proposal 3. Bid Bond Form 4. Public Entity Crime Affidavit 5. Construction Contract 6. Performance/Payment Bond 7. Certificate of Compliance Re: Insurance 8. Addenda ARTICLE VII. SEVERABILITY. Should any term, covenant, condition, provision or sentence or part thereof of this Contract, including all Contract Documents which comprise the entire agreement, be held invalid or unenforceable by any court of competent jurisdiction, the remaining terms and provisions shall nevertheless remain in full force and effect. ARTICLE VIII. CONSTRUCTION. The headings and subheadings used throughout the Contract Documents are for convenience only and have no other significance in the interpretation of the body of the Contract Document. ARTICLE IX. NOTICES. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered or certified United States mail, return receipts requested, ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 19 addressed to the party for whom it is intended at the place last specified. The place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice, to-wit: For City: For Contractor: Robin L. Matusick, City Clerk , (Name, Title) City of Edgewater . (Company) 104 N. Riverside Drive (Address) Edgewater, FL 32132 (City, State, Zip) (386)424-2400 #1203 (Phone) ARTICLE X. RIGHTS AT LAW RETAINED. The rights and remedies of City, provided for under this Contract, are in addition and supplemental to any other rights and remedies provided by law. ARTICLE XI. CONTROLLING LAW, VENUE, ATTORNEY’S FEES. This Contract is to be governed, construed, and interpreted by, through and under the laws of Florida. Venue for any litigation between the parties to this Contract shall be in the County of Volusia, F lorida and any trial shall be non-jury. Each party agrees to bear its own costs and attorney’s fees relating to any dispute arising under this Contract. ARTICLE XII. MODFICATIONS TO AGREEMENT. This Contract and any exhibits, amendments and schedules may only be amended, supplemented, modified or canceled by a written instrument duly executed by the parties hereto of equal dignity herewith. ARTICLE XIII. WAIVER OF JURY TRIAL. THE CITY AND CONTRACTOR HAVE SPECIFICALLY WAIVED THE RIGHT TO A JURY TRIAL CONCERNNG ANY DISPUTES WHICH MAY ARISE CONCERNING THIS AGREEMENT. ARTICLE XIV NON-WAIVER. No indulgence, waiver, election or non-election by City under this Contract shall affect Contractor’s duties and obligations hereunder. ARTICLE XV. ASSIGNMENT. This Contract, or any interest herein, shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by the parties hereto without prior written consent of the opposite party and only by a document of equal dignity herewith. However , this Contract shall run to the Edgewater City Government and its successors. ARTICLE XVI. INDEPENDENT CONTRACTOR. It is the intent of the parties hereto that Contractor shall be legally considered an independent contractor and that neither Contractor nor its employees shall under any circumstances be considered employees or agents of the City and that the City shall be at no time legally responsible for any negligence on the part of Contractor, its employees or agents, resulting in either bodily or personal injury or property damage to any individual, Contractor or corporation. ARTICLE XVII. NO THIRD-PARTY BENEFICIARIES. The agreements contained herein are for the sole benefit of the parties hereto and their successors and permitted assigns and no other party shall have the right to enforce any provision of this Contract or to rely upon the provisions of this Contract. ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 20 ARTICLE XVIII. WARRANTY OF TITLE OF CONTRACTOR. Contractor warrants to the City that all goods and materials furnished under the Contract will be new unless otherwise specified and that Contractor possess good, clear, and marketable title to said goods and there are no pending liens, claims or encumbrances whatsoever against said goods. All work not conforming to these requirements, including substitutions not properly approved and authorized may be considered defective. If at any time there shall be evidence of any claim for which, if established, the City might become liable, and which may be chargeable to the Contractor, or if t he Contractor shall incur any liability to the City, or the City shall have any claim or demand against the Contractor, of any kind or for any reason, whether related to or arising out of this Agreement or any other agreement between the Contractor and the City, and whether or not reduced to judgment or award, the City shall have the right to retain out of any payment due the Contractor, or which may become due to the Contractor, under this Contract or any other Contract between the Contractor and the City, an amount sufficient to indemnify the City against such claim, and/or to compensate the City for, and fully satisfy, such liability, claim or demand, and to charge or deduct all cost of defense or collection with respect thereto, including, but not limited to, reasonable attorneys' fees, expert consultant fees, and expert witness fees. Should any claim develop after final payment has been made, the Contractor shall refund to the City all monies that the latter may be compelled to pay in discharging such claims, or that the latter may have incurred in collecting said monies from the Contractor. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date written above for execution by CITY. WITNESSES: CITY OF EDGEWATER _____________________________ __________________________________ Glenn A. Irby, City Manager _____________________________ __________________________________ Robin L. Matusick, City Clerk/Paralegal Dated: ___________________________ WITNESSES: ______________________________ (Firm Name) ______________________________ ______________________________ By: ________________________________ (Authorized Officer) ______________________________ Dated:______________________________ Approved by the City Council of the City of Edgewater at a meeting held on this _____ day of ______________, 2020 under Agenda Item No. ________. ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 21 CITY OF EDGEWATER TERMS AND CONDITIONS 1. PURCHASE ORDER NUMBER: THIS PURCHASE ORDER NUMBER AND THE SELLER’S NAME MUST BE CLEARLY SHOWN ON ALL INVOICES, PACKING SLIPS, DELIVERY RECEIPTS, AND CORRESPONDENCE. FAILURE TO CLEARLY INDICATE THIS PURCHASE ORDER NUMBER MAY RESULT IN THE RETURN OF INVOICES. 2. ACCEPTANCE: ALL TERMS AND CONDITIONS OF THIS PURCHASE ORDER SHALL BECOME PART OF THE CONTRACT BETWEEN THE CITY OF EDGEWATER AND THE VENDOR/SELLER; THE VENDOR’S/SELLER’S DIFFERENT OR ADDITIONAL TERMS WILL NEVER BECOME PART OF THIS CONTRACT. 3. DELIVERY, TITLE & RISK OF LOSS: TITLE SHALL PASS TO THE CITY OF EDGEWATER ON DELIVERY OF THE CONFORMING GOODS TO THE DESIGNATED LOCATION. NOTWITHSTANDING ANY AGREEMENT TO PAY FREIGHT, EXPRESS OR OTHER TRANSPORTATION CHARGES, THE RISK OF LOSS OR DAMAGE IN TRANSIT SHALL BE UPON THE VENDOR/SELLER. DELIVERY SHALL NOT BE COMPLETE UNTIL THE GOODS AND OR SERVICES HAVE BEEN RECEIVED, INSPECTED, AND ACCEPTED BY THE CITY OF EDGEWATER. COLLECT SHIPMENTS WILL NOT BE ACCEPTED IN THE EVENT THAT THE CITY AGREES TO PAY THE FRIEGHT, ALL FREIGHT CHARGES SHALL BE FULLY PREPAID AND INCLUDED ON THE INVOICE. THE ORIGINAL BILL MUST BE INCLUDED WITH THE INVOICE. 4. WARRANTY: THE VENDOR/SELLER WARRANTS THAT THE GOODS AND/OR SERVICES SUPPLIED HEREUNDER WILL BE OF GOOD WORKMANSHIP AND OF PROPER MATERIALS, FREE FROM DEFECTS AND IN ACCORDANCE WITH SPECIFICATIONS. IF THE VENDOR/SELLER KNOWS THE CITY’S INTENDED USE, THE VENDOR/SELLER WARRANTS THAT THE GOODS AND/OR SERVICES ARE SUITABLE FOR THE INTENDED USE. 5. REMEDIES: REGARDLESS OF WHETHER GOODS ARE BEING SOLD, LICENSED OR LEASED OR WHETHER SERVICES ARE BEING PERFORMED, THE VENDOR/SELLER AND THE CITY OF EDGEWATER AGREE THAT BOTH PARTIES HAVE ALL THE UNIFORM COMMERCIAL CODE RIGHTS, DUTIES, AND REMEDIES AVAILABLE. 6. CONFLICT OF LAWS: THIS AGREEMENT TO PURCHASE AND THE PERFORMANCE OF THE PARTIES HEREUNDER SHALL BE CONSTRUED WITH AND GOVERNED BY THE LAWS OF THE CITY OF EDGEWATER AND THE STATE OF FLORIDA. 7. MODIFICATIONS: NO MODIFICATION IN PRICE, DELIVERY, METHOD OR SCHEDULE, QUANTITY, QUALITY, SPECIFICATIONS OR ANY OTHER TERM OF THE CONTRACT WILL BE EFFECTIVE UNLESS AGREED TO IN WRITING, AND SIGNED BY AN AUTHORIZED PURCHASING AGENT. 8. TAXES: THE CITY OF EDGEWATER FLORIDA IS EXEMPT FROM THE PAYMENT OF ALL FEDERAL EXCISE TAXES AND SALES TAXES OF THE STATE OF FLORIDA, AND GENERALLY ALL OTHER STATE GOVERNMENTS. VENDOR/SELLER SHALL FURNISH THE PROPER EXEMPTION CERTIFICATE State of Florida sales tax exemption number: 85-8013848356C7 Federal Employee Identification number: 59-6000-314 9. PATENTS & ROYALTIES: THE VENDOR/SELLER, WITHOUT EXCEPTION, SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF EDGEWATER AND ITS EMPLOYEES FROM LIABILITY OF ANY NATURE OF KIND, INCLUDING COSTS AND EXPENSES FOR OR ON ACCOUNT OF ANY COPYRIGHTED, PATENTED OR UNPATENTED INVENTION, PROCESS OR ARTICLE MANUFACTURED OR SUED IN THE PERFORMANCE OF THE CONTRACT, INCLUDING ITS USE BY THE CITY OF EDGEWATER. IF THE VENDOR/SELLER USES ANY DESIGN, DEVICE, OR MATERIALS COVERED BY LETTER, PATENT OR COPYRIGHT, IT IS MUTUALLY AGREED AND UNDERSTOOD WITHOUT EXCEPTION THAT THE LISTED PRICES SHALL INCLUDE ALL ROYALTIES OR COST ARISING FROM THE USE OF SUCH DESIGN, DEVICE OR MATERIALS IN ANY WAY INVOLVED WITH THE WORK. 10. INVOICING/PAYMENTS: FURNISH ALL INVOICES IN DUPLICATE AND MAIL TO THE ADDRESS INDICATED ON THE FRONT. SEND A SEPARATE INVOICE FOR EACH SHIPMENT. INCLUDE THE CORRECT PURCHASE ORDER NUMBER ON EACH INVOICE. UNLESS PREVIOUSLY AGREED UPON BY BOTH THE CITY AND VENDOR, ALL INVOICING AND PAYMENTS WILL BE AS OUTLINED IN THE (LOCAL GOVERNMENT PROMPT PAYMENT ACT (FS 218. PART VII). 11. PRICES: IF PRICES ARE HIGHER THAN SPECIFIED, DO NOT SHIP WITHOUT THE PURCHASING AGENTS PRIOR WRITTEN APPROVAL. 12. CLEAN HANDS: BY ACCEPTING THIS CONTRACT, THE SELLER WARRANTS THAT NEITHER THE BUSINESS, NOR ANY OFFICER OR SIGNIFICANT STAKEHOLDER OF THE BUSINESS IS IN VIOLATION OF THE CITY OF EDGEWATER CODE AND DO NOT OWE THE CITY ANY PAST DUE DEBT. THE SELLER SPECIFICALLY AGR EES THAT THE CITY MAY WITHHOLD ANY MONEY OWED THE SELLER FROM THIS CONTRACT FOR ANY EXISTING CODE VIOLATIONS AND/OR PAST DUE DEBT. IF THE SELLER MISREPRESENTS THE STATUS OF THE BUSINESS, ANY OFFICER OR SIGNIFICANT STAKEHOLDER, THE CITY WILL CONSIDER THIS A MATERIAL DEFECT OF THIS CONTRACT AND SHALL HAVE THE RIGHT TO IMMEDIATELY TERMINATE IT. ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 22 PROPOSER CHECK LIST I M P O R T A N T: Please read carefully, sign in the spaces indicated and return with your Bid. Proposer should check off each of the following items as the necessary action is completed: The standard contract/ agreement has been signed and included. All applicable forms have been signed and included All information as requested in the Proposer’s Qualification Form is included. Any addenda have been signed and included. The mailing envelope has been addressed to: CITY CLERK City of Edgewater 104 N. Riverside Dr. Edgewater, Florida 32132 The mailing envelope must be sealed and marked with Bid Number “ITB 20-ES-002”, Bid Title “TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN” and Due Date “February 6, 2020 @ 3:00 pm”. The Bid will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE ITB NUMBER AND BID NAME ON THE OUTSIDE OF THE COURIER PACKET Company Address Authorized Signature City, State, Zip Code Printed Name & Title Telephone No. Email Fax No. ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 23 CONFLICT OF INTEREST AFFIDAVIT By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Finance Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Company Address Authorized Signature City, State, Zip Code Printed Name & Title Telephone No. Email Fax No. State of ______________________) City of _____________________) SUBSCRIBED AND SWORN to before me this ____ day of ________________, 20____, by _____________________________, who is personally known to me to be the _____________________ for the Firm, OR who produced the following identification:________________________________________________________. ___________________________________ Notary Public My Commission Expires: ______________________ ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 24 PROPOSERS QUALIFICATION FORM LIST MAJOR WORK PRESENTLY UNDER CONTRACT: % Completed Project Contract Amount _____________________________________________________________ $ _______________ _____________________________________________________________ $ _______________ _____________________________________________________________ $ _______________ LIST CURRENT PROJECTS ON WHICH YOUR FIRM IS THE CANDIDATE FOR AWARD: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ OTHER INFORMATION ABOUT PROJECTS: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Have you, at any time, failed to complete a project? Yes No STATEMENT OF LITIGATION: Are there any judgments, claims or suits pending or outstanding by or against you? Yes No If the answer to either question is yes, submit details on separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: FEES: List total fees for work done on all City projects in the past five (5) years, whether as an individual firm or as part of a joint venture. Fees must be listed individually by contract or project and then summarized as a total dollar amount. Attach additional page if necessary. $________________Total Fees for work done on all City projects ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 25 REFERENCES: Bank(s) Maintaining Account(s): ____________________________________________________ ______________________________________________________________________________ Surety/Underwriter: (if required)_____________________________________________________ ______________________________________________________________________________ Other References: (Use additional sheets if necessary) ______________________________________________________________________________ ______________________________________________________________________________ TYPE OF FIRM: Corporation/Years in Business: ______. If firm is a corporation, please list state in which it is incorporated: _______________. If firm is a corporation, by signing this form, Proposer certifies that the firm is authorized to do business in the State of Florida. Partnership/Years in Business: ______ Sole Proprietorship/Years in Business: ______ Other: Please list: _________________ ______ Pursuant to information for prospective Proposers for the above-mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. Company Address Authorized Signature City, State, Zip Code Printed Name & Title Telephone No. Email Fax No. ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 26 DECLARATION STATEMENT City of Edgewater 104 N. Riverside Dr. Edgewater, FL 32132 RE: ITB NO. 20-ES-002 - “TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN” Dear Mayor and Council Members: The undersigned, as Proposer (herein used in the masculine, singular, irrespective of actual gender and number) declares that he is the only person interested in this bid or in the contract to which this bid pertains, and that this bid is made without connection or arrangement with any other person and this bid is in every respect fair and made in good faith, without collusion or fraud. The Proposer further declares that he has complied in every respect with all the Instructions to Proposers issued prior to the opening of bids, and that he has satisfied himself fully relative to all matters and conditions with respect to the general condition of the contract to which the bid pertains. The Proposer puts forth and agrees, if this bid is accepted, to execute an appropriate City document for the purpose of establishing a formal contractual relationship between him, and the City, for the performance of all requirements to which the bid pertains. The Proposer states that the bid is based upon the bid documents listed by ITB #20-ES-002. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of _____________, 20__ in the City of _______________, in the State of _____________. Company Address Authorized Signature City, State, Zip Code Printed Name & Title Telephone No. Email Fax No. ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 27 INSURANCE REQUIREMENTS INSURANCE TYPE REQUIRED LIMITS =================================================================== 1. Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. 2. Commercial General Liability Bodily Injury & Property Damage (Occurrence Form) patterned after the current I.S.O form with no limiting endorsements. $1,000,000 single limit per occurrence 3. Indemnification: To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless the City of Edgewater, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of the City of Edgewater. 4. Automobile Liability $ 500,000 Each Occurrence Owned/Non-owned/Hired Automobile Included 5. Other Insurance as indicated below: $ 1,000,000 Per Occurrence Errors and Omissions or Professional Malpractice Coverage 6. Aircraft Liability $1,000,000 each occurrence combined single limit for bodily injury liability and property damage liability. 7. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide City with certificates of insurance meeting the required insurance provisions. 8. The City of Edgewater must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 28 INSURANCE REQUIREMENTS (Continued) 9. The City of Edgewater shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: City of Edgewater Edgewater, Florida No City Division, Department, or individual name should appear on the Certificate. No other format will be acceptable. 10. Thirty (30) Days Cancellation Notice required. 11. The Certificate must state the ITB Number and Name. = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = PROPOSER’S AND INSURANCE AGENT’S STATEMENT: We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of ITB. Company Address Authorized Signature City, State, Zip Code Printed Name & Title Telephone No. Email Fax No. ____________________________ Insurance Agency ____________________________ Signature of Proposer’s Agent ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 29 DRUG-FREE WORKPLACE PROGRAM CERTIFICATION Preference to businesses with drug-free workplace programs. -- Whenever two or more bids, Bids, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. Does the individual responding to this solicitation certify that their firm has implemented a drug-free workplace program in accordance with the provision of Section 287.087, Florida Statues, as stated above? YES NO Company Address Authorized Signature City, State, Zip Code Printed Name & Title Telephone No. Email Fax No. ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 30 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of______________ County of____________ _____________________________, being first duly sworn, deposes and says that: He/she is ______________of_________________________, Proposer that has submitted the attached Proposal; He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; Neither the said Proposer nor any of its officers, partners, owners, agent representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, sought by agreement or collusion or communication or conference with any other Proposer, firm or person, to fix the price or prices in the attached Proposal or o f any other Proposer, or to fix any overhead, profit or cost element of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the CITY OF EDGEWATER. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Company Address Authorized Signature City, State, Zip Code Printed Name & Title Telephone No. Email Fax No. Subscribed and sworn to before me this _____day of________, 20___. _______________________________ _______________________________ Title My Commission Expires: ___________ ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 31 REFERENCES FORM Provide the business names, contact persons and telephone numbers of a minimum of three (3) references for which the firm has provided services described in this proposal for three (3) years or more with the last five (5) years. Include relationships with governmental agencies. It is our intent to contact these references during the evaluation process. 1. Name of Company: Address: Point of Contact: Phone #: Service(s) Provided: Dates of Service: 2. Name of Company: Address: Point of Contact: Phone #: Service(s) Provided: Dates of Service: 3. Name of Company: Address: Point of Contact: Phone #: Service(s) Provided: Dates of Service: 4. Name of Company: Address: Point of Contact: Phone #: Service(s) Provided: Dates of Service: ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 32 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. THIS SWORN STATEMENT IS SUBMITTED TO City of Edgewater by (Print Individual’s Name and Title) for (Print Name of Entity Submitting Sworn Statement) whose business is and (if applicable) its Federal Employer Identification Number (FEIN) is 2.I understand that a “public entity crime” as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3.I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4.I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a.A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5.I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provisions of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 33 executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies). Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity, nor any affiliates of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR A CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Sworn and subscribed before me this day of , 20__. Personally known (Notary) OR produced identification Notary Public State of My commission expires: (Type of Identification) ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 34 VENDOR INFORMATION Vendor is: ( ) Corporation ( ) Partnership ( ) Sole Proprietorship ( ) Other ________________________________________(Explain) Federal Employer Identification Number: Firm Name: Mailing Address: _________________________________________ Telephone No.: Fax No.: Email Address: Web Address: If remittance address is different from the mailing address so indicate below. Firm Name: Remittance Address: Submitted by: Name & Title Printed: Form W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ▶ Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Individual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate Exempt payee code (if any) Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶ Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) ▶ Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. Requester’s name and address (optional) 6 City, state, and ZIP code 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number – – or Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Employer identification number Sign Here Signature of – Print or type. See Specific Instructions on page 3. ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 36 SCRUTINIZED COMPANIES PURSUANT TO SECTION 287.135 AND 215.473 By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that the company is not participating in a boycott of Israel. Contractor t also certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Contractor submits this certification as a condition of contract. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days follo wing receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Company Address Authorized Signature City, State, Zip Code Printed Name & Title Telephone No. Email Fax No. State of ______________________) City of _____________________) SUBSCRIBED AND SWORN to before me this ____ day of ________________, 20____, by _____________________________, who is personally known to me to be the _____________________ for the Firm, OR who produced the following identification:________________________________________________________. ___________________________________ Notary Public My Commission Expires: ______________________ ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 37 PUBLIC ACT 2016-20 PUBLIC RECORDS REQUIREMENTS RECORDS / AUDITS The City of Edgewater is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: a. Keep and maintain public records required by the City in order to perform the service; b. Upon request from the City’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to t he City upon completion of the contract, the Contractor shall destr oy 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 contract, the Contractor shall meet all applicable requirem ents for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records in a format that is compatible with the information technology systems of the City. During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City Clerk. The Contractor agrees to make available to the City Clerk, during normal business hours and in Volusia County, all books of account, reports and records relating to this contract. PUBLIC RECORDS CUSTODIAN IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK’S OFFICE CITY OF EDGEWATER 104 N. RIVERSIDE DRIVE EDGEWATER, FL 32132 (386)424-2400 X 1102 CITYCLERK@CITYOFEDGEWATER.ORG Signature acknowledges receipt and understanding of this form. Name/Title Date ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 38 TOTAL PRICING FORM AND SCHEDULE OF UNIT PRICING ITB 20-ES-002 TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN Bid prices must include all freight charges and delivery charges for any and all material delivered to the work sight. Therefore, the undersigned, Hereinafter called “Proposer” hereby certifies that he/she has familiarized himself/herself with the extent of the work, and having examined carefully the scope of services herein, propose to furnish all labor, materials, and services without exception, for the TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN The completed schedule of unit pricing (Section 00-415 of Exhibit “A”) shall accompany this form. Total Price Proposal Amount in Figures: _______________________________________________ Total Price Proposal Amount in Words: ________________________________________________ THE ABOVE AMOUNTS INCLUDE SALARY COST, FRINGE BENEFITS, OVERHEAD, OPERATING MARGIN AND PROFIT, AND ALL DIRECT AND INDIRECT EXPENSES. PLEASE INCLUDE ABOVE ANY OTHER POTENTIAL ADDITIONAL SERVICES THAT MAY BE REQUIRED AND ASSOCIATED COSTS. Authorized Signature Address Printed Name & Title City, State, Zip Code Company Telephone No. Date Email Address ITB 20-ES-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 39 Cut and use this label for Bid Package CITY OF EDGEWATER CITY CLERK 104 N. RIVERSIDE DRIVE EDGEWATER, FL 32132 ITB 20-ES-002 TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN Due Date/Time February 6, 2020 – 3:00 PM EXHIBIT "A" - SUPPLEMENTAL CONTRACT REQUIREMENTS AND TECHNICAL SPECIFICATIONS ITB 20-ES-002 – TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 0000 - 1 / 3 Invitation to Bid NUMBER ITB #20-ES-002 City of Edgewater EXHIBIT A: SUPPLEMENTAL CONTRACT REQUIREMENTS FOR TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN Patricia Drosten Purchasing Specialist ITB 20-ES-002 – TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 0000 - 2 / 3 SECTION 00-000 TABLE OF CONTENTS Section Title Num. Pages Start Page # DIVISION 0 – BIDDING & CONTRACT REQUIREMENTS 00-000 Cover Page & Table of Contents 3 1 00-200 Instructions to Bidders 13 4 00-410 Bid Form 4 17 00-415 Schedule of Values (Unit Price) 4 21 00-420 List of Major Manufacturers, Suppliers, and Subcontractors 4 26 00-430 Bid Bond (Penal Sum) 2 30 00-451 Contractor’s Statement of Qualifications 11 32 00-520 Agreement (Stipulated Price) 7 43 00-550 Notice to Proceed 1 50 00-610 Performance Bond 3 51 00-615 Payment Bond 3 54 00-620 Contractor’s Application for Payment 3 57 00-625 Certificate of Substantial Completion 1 60 00-626 Notice of Acceptability 2 61 00-630 Contractor’s Final Release of Lien & Consent of Surety 2 63 00-700 EJCDC General Conditions © ver. 2013-Rev 1 73 65 00-800 Supplementary Conditions 13 138 00-805 Contractor’s Standard Insurance Requirements and Indemnification Clause 6 150 00-810 Contractor’s Certificate of Insurance for Public Liability & Property Damage 1 156 00-815 Contractor’s Certificate of Insurance for Worker’s Compensation 1 157 00-940 Work Change Directive Form 1 158 00-941 Change Order Form 1 159 00-942 Field Order Form 1 160 00-999 Copies of Permits, Reports, & Technical Data 1 161 DIVISION 01 – GENERAL REQUIREMENTS 01-000 Project Requirements 9 162 01-022 Measurement & Payment 3 171 01-091 Reference Specifications 2 174 01-100 Special Project Procedures 4 176 01-200 Project Meetings 6 180 01-340 Shop Drawings 7 186 01-380 Construction Photographs & Video 5 193 01-710 Cleaning 2 198 01-720 Project Record Documents 7 200 FDOT See Florida Department of Transportation Standard Specifications for Road & Bridge Construction, January 2020 edition for items not addressed elsewhere herein. ITB 20-ES-002 – TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 0000 - 3 / 3 Section Title Num. Pages Start Page # DIVISION 02 – SITE CONSTRUCTION FDOT See Florida Department of Transportation Standard Specifications for Road & Bridge Construction, January 2020 edition for items not addressed elsewhere herein. DIVISION 03 – CONCRETE FDOT See Florida Department of Transportation Standard Specifications for Road & Bridge Construction, January 2020 edition for items not addressed elsewhere herein. DIVISION 04 – MASONRY N/A NOT USED DIVISION 05 - METALS N/A NOT USED DIVISION 06 – WOOD & PLASTICS N/A NOT USED DIVISION 07 – THERMAL & MOISTURE PROTECTION N/A NOT USED DIVISION 08 – DOORS & WINDOWS N/A NOT USED DIVISION 09 – FINISHES N/A NOT USED DIVISION 10 – SPECIALTIES N/A NOT USED DIVISION 11 – EQUIPMENT N/A NOT USED DIVISION 12 – FURNISHINGS N/A NOT USED DIVISION 13 – SPECIAL CONSTRUCTION N/A NOT USED DIVISION 14 – CONVEYING SYSTEMS N/A NOT USED DIVISION 15 – MECHANICAL 15 05 00A Piping Materials Designation and Testing 9 207 15 06 00 High Density Polyethylene (HDPE) Pipe and Fittings 11 216 15 10 00 Process and Utility Piping, Fittings, Valves, and Accessories 35 227 ON PLANS See notes and reference specifications on plan sheets. DIVISION 16 – ELECTRICAL N/A NOT USED EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00200 - 1 / 13 SECTION 00-200 INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS Page ARTICLE 1 – Defined Terms ........................................................................................................................... 2 ARTICLE 2 – Copies of Bidding Documents ................................................................................................... 2 ARTICLE 3 – Qualifications of Bidders ........................................................................................................... 2 ARTICLE 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site .................................................................................................................................. 2 ARTICLE 5 – Bidder’s Representations .......................................................................................................... 4 ARTICLE 6 – Pre-Bid Conference ................................................................................................................... 5 ARTICLE 7 – Interpretations and Addenda .................................................................................................... 5 ARTICLE 8 – Bid Security ............................................................................................................................... 5 ARTICLE 9 – Contract Times .......................................................................................................................... 6 ARTICLE 10 – Liquidated Damages ................................................................................................................ 6 ARTICLE 11 – Substitute and “Or-Equal” Items ............................................................................................. 6 ARTICLE 12 – Subcontractors, Suppliers, and Others ................................................................................... 6 ARTICLE 13 – Preparation of Bid ................................................................................................................... 7 ARTICLE 14 – Basis of Bid .............................................................................................................................. 8 ARTICLE 15 – Submittal of Bid ....................................................................................................................... 9 ARTICLE 16 – Modification and Withdrawal of Bid ....................................................................................... 9 ARTICLE 17 – Opening of Bids ....................................................................................................................... 9 ARTICLE 18 – Bids to Remain Subject to Acceptance ................................................................................... 9 ARTICLE 19 – Evaluation of Bids and Award of Contract ............................................................................ 10 ARTICLE 20 – Bonds and Insurance ............................................................................................................. 11 ARTICLE 21 – Signing of Agreement ............................................................................................................ 11 ARTICLE 22 – Special Conditions & Statutory Requirements ...................................................................... 11 EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00200 - 2 / 13 ARTICLE 1 – DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office – The office from which the Bidding Documents are to be issued. Refer to Section 00-020 Advertisement for Bid. ARTICLE 2 – COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use. ARTICLE 3 – QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit with its Bid (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information: A. Provide the required information in Section 00-451 Qualifications Statement. 3.02 A Bidder’s failure to submit required qualification information may disqualify Bidder from receiving an award of the Contract. 3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications. 3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications. ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE 4.01 Site and Other Areas A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of- way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. 4.02 Existing Site Conditions A. Subsurface and Physical Conditions; Hazardous Environmental Conditions 1. The Supplementary Conditions identify: EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00200 - 3 / 13 a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site. b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site. d. Technical Data contained in such reports and drawings. 2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply. B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or adjacent to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions. 4.03 Site Visit and Testing by Bidders A. If work Site is open and accessible by public roads, prospective Bidders are encouraged to visit and become familiar with the site at their convenience. However, if the Site is located in or partially in a secure facility, Site visits shall be conducted by appointment only and shall not disturb any ongoing operations at the Site. Contact City Purchasing Agent to schedule Site visit(s). The times and frequency of such appointments may be restricted. B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions. C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00200 - 4 / 13 D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs. E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.04 Owner’s Safety Program A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions. 4.05 Other Work at the Site A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any. ARTICLE 5 – BIDDER’S REPRESENTATIONS 5.01 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents; B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings; E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs; EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00200 - 5 / 13 F.agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G.become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H.promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; I.determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work; and J.agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 6 – PRE-BID CONFERENCE 6.01 A pre-Bid conference will be held at the time and location stated in the invitation or advertisement to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to issues arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 7 – INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to purchasing@cityofedgewater.org in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received subsequent to the last date for questions described in Section 00-020 (Invitation to Bid) may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents. ARTICLE 8 – BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of [_five (5%)_] percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions. 8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00200 - 6 / 13 Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and exercise its rights under the Bid Bond. 8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released. 8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening. ARTICLE 9 – CONTRACT TIMES 9.01 The number of days within which, or the dates by which, the Work is to be substantially completed, and completed and ready for final payment, are set forth in the Agreement. 9.02 If contractual Milestones are included in this project, the number of days within which, or the dates by which, each such Milestones are to be achieved and ready for payment, are set forth in the Agreement. ARTICLE 10 – LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement. ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS 11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or- equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date of final addenda to be published. Each such request shall comply with the requirements of Paragraphs 7.04 and 7.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. 11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk. ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00200 - 7 / 13 Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid. 12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection. 12.03 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed for the Work. Refer to Section 00-420 List of Major Manufacturers, Suppliers, and Subcontractors. If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions. ARTICLE 13 – PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. A.All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein. B.If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.” 13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown. 13.03 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The partnership’s address for receiving notices shall be shown. 13.04 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the firm’s address for receiving notices shall be shown. 13.05 A Bid by an individual shall show the Bidder’s name and address for receiving notices. EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00200 - 8 / 13 13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture’s address for receiving notices shall be shown. 13.07 All names shall be printed in ink below the signatures. 13.08 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.09 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 13.10 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form. 13.11 The City will not be liable in any way for any costs incurred by any proposer in the preparation of its proposal in response to this ITB, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. ARTICLE 14 – BASIS OF BID 14.01 Base Bid with Alternates A.Bidders shall submit a Bid price for the base Bid and include a separate price for each alternate described in the Bidding Documents and as provided for in the Bid Form. The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate. B.In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. 14.02 Unit Price A.Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form. B.The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions. C.Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 14.03 Allowances A.For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions. EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00200 - 9 / 13 ARTICLE 15 – SUBMITTAL OF BID 15.01 The Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form. 15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title, the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to: City of Edgewater Attn: City Clerk PO Box 100 104 N Riverside Dr Edgewater, FL 32132 15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened. 15.04 All Bidders must submit with their bids the Contract Agreement (Section 00-520) already executed for their part. City will only execute the Awarded Bidder’s Contract Agreement and will do so immediately after City Council approval. ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. 16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids. 16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 – OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00200 - 10 / 13 ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work. 19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid. 19.03 Evaluation of Bids A.In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. B.In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award. C.For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items. 19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents. 19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers. 19.06 Protest Procedures: Any appeal or protest to the Request for Bid shall be governed by the City of Edgewater’s Purchasing Policies and Procedures. 19.07 Drug-Free Workplace: In accordance with Florida Statute 287.087, preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a proposal received from a business that furnishes a form certifying that it is a Drug Free Workplace shall be given preference in the award process. 19.08 Tie Breaker: In the event of a tie (with each business certifying that it is a Drug-Free Workplace), both in individual scoring and in final ranking, the firm with the lowest volume of work on City projects within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the Proposer, subject to verification at the City’s option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. If neither vendor has performed in work EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00200 - 11 / 13 in the last five years, the preference will be given to the Proposer within the city limits or principal office closest to City Hall. ARTICLE 20 – BONDS AND INSURANCE 20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation. ARTICLE 21 – SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions. ARTICLE 22 – SPECIAL CONDITIONS & STATUTORY REQUIREMENTS 22.01 Public Entity Crimes A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, bid, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, bid, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, bids, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity for a period of 36 months following the date of being placed on the convicted vendor list. Bidder must complete the Sworn Statement on Public Entity Crimes (Section 00-465). 22.02 Conflict of Interest Bidder shall complete the Conflict of Interest Affidavit (Section 00-470). Disclosure of any potential or actual conflict of interest is subject to City staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 22.03 Prohibition of Gifts to City Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any City employee, as set forth in Chapter 112, Part III, Florida Statutes, the current City Ethics Ordinance, and City Administrative Policy. Violation of this provision may result in one or more of the following consequences: A.Prohibition by the individual, firm, and/or any employee of the firm from contact with City staff for a specified period of time; B.Prohibition by the individual and/or firm from doing business with the City for a specified period of time, including but not limited to: submitting bids, proposals, and/or quotes; and, EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00200 - 12 / 13 C.Immediate termination of any contract held by the individual and/or firm for cause 22.04 Immigration Reform and Control Act Proposer acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the City shall have the discretion to unilaterally terminate said agreement immediately [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00200 - 13 / 13 22.05 Public Records Requirements The City of Edgewater is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: A.Keep and maintain public records required by the City in order to perform the service; B.Upon request from the City’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C.Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, 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 contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records in a format that is compatible with the information technology systems of the City. During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City Clerk. The Contractor agrees to make available to the City Clerk, during normal business hours and in Volusia County, all books of account, reports and records relating to this contract. PUBLIC RECORDS CUSTODIAN IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK’S OFFICE CITY OF EDGEWATER 104 N. RIVERSIDE DRIVE EDGEWATER, FL 32132 (386)424-2400 X 1102 CITYCLERK@CITYOFEDGEWATER.ORG EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00410 – 1 / 4 SECTION 00-410 BID FORM FOR CONSTRUCTION CONTRACTS ARTICLE 1 – BID RECIPIENT 1.01 This Bid is submitted to (herein after referred to as Owner): City of Edgewater 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 – BIDDER’S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A.Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum, Date B.Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C.Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D.Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00410 – 2 / 4 any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E.Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs. F.Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G.Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H.Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. I.The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. J.The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 4 – BIDDER’S CERTIFICATION 4.01 Bidder certifies that: A.This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B.Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C.Bidder has not solicited or induced any individual or entity to refrain from bidding; and D.Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D: 1.“corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process; 2.“fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00410 – 3 / 4 3.“collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and 4.“coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the e execution of the Contract. ARTICLE 5 – BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the unit price(s) for the items named in Section 00-415 Schedule of Values (Unit Prices), submitted with and made a part of this Bid. 5.02 The undersigned offers to perform all the Work of this Project for the City of Edgewater, complete in every respect in strict accordance with the Contract Documents for the estimated Bid total price: (Total Estimated Bid Price, in words) Total Estimated Bid Price , in figures: $ ARTICLE 6 – TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 – ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A.Schedule of Values (Unit Prices) (see Section 00-415) B.List of Proposed Major Manufacturers, Suppliers, and Subcontractors (see Section 00-420) C.Required Bid security (see Section 00-430); D.List of Project References (see Section 00-451); E.Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids (see Section 00-451); F.Contractor’s License Number [or] Evidence of Bidder’s ability to obtain a State Contractor’s License and a covenant by Bidder to obtain said license within the time for acceptance of Bids (see Section 00-451); G.Required Bidder Qualification Statement with supporting data (see Section 00-451); and H. Other documents pertinent to the Work of this Project: 1.N/A. EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00410 – 4 / 4 ARTICLE 8 – DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 – BID SUBMITTAL BIDDER: [Indicate correct name of bidding entity] By: [Signature] [Printed name] (If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: [Signature] [Printed name] Title: Submittal Date: Address for giving notices: Telephone Number: Fax Number: Contact Name and e-mail address: Bidder’s License No.: (where applicable) EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved 00415 – 1 / 5 SECTION 00-415 SCHEDULE OF VALUES (UNIT PRICES) The Schedule of Values (Unit Prices) presented below is to be included with the Bid Form (Article 5, Basis of Bid) and made part of the Bid. Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. TRENCH SAFETY STATEMENT: Trench excavations on this Project may be expected to be in excess of 5 feet deep. The Occupational Safety and Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety standards will be in effect during the period of construction of the Project. By submitting a Bid with this form attached, Bidder acknowledges that included in the Bid Price are costs for complying with the Florida Trench Safety Act (90-096, Laws of FL) effective October 1, 1990, and hereby gives assurance that, if awarded the Contract, the Contractor or Subcontractor performing trench excavation work on the Project will comply with the applicable trench safety standards. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved 00415 – 2 / 5 SECTION 00-415: SCHEDULE OF VALUES (UNIT PRICES) Owner: CITY OF EDGEWATER Owner’s Purchasing Designation: 20-ES-002 Project Name: TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN Pay Item No. Item Quantity Unit Unit Price Bid Price 1 MOBILIZATION (MAX 10% OF BASE BID) 1 LS $ $ 2 MAINTENANCE OF TRAFFIC (MAX 5% OF BASE BID) 1 LS $ $ 3 TRENCH SAFETY, EROSION CONTROL, DEWATERING, AND HAND-DIGGING WHERE NECESSARY 1 LS $ $ 4 SURVEYED AS-BUILTS 1 LS $ $ 5 OPEN TRENCH PIPE, INCL. BACKFILL & COMPACTION A) 6” PVC C900, BLUE 100 LF $ $ B) 8” PVC C900, BLUE 650 LF $ $ C) 12” PVC C900, BLUE 2,100 LF $ $ 6 DIRECTIONAL DRILL, INCL. FUSIBLE M.J. ADAPTERS A) 10” HDPE DR11 DIPS, BLUE STRIPE 800 LF $ $ B) 12” HDPE DR11 DIPS, BLUE STRIPE 200 LF $ $ 7 JACK & BORE (IF NEEDED) , 0 LF SHOWN (Jack & Bore Included for Contingency Only) EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved 00415 – 3 / 5 Pay Item No. Item Quantity Unit Unit Price Bid Price A) 8” DIP CL 350 (CARRIER PIPE) 0 LF $ $0.00 B) 12” DIP CL 350 (CARRIER PIPE) 0 LF $ $0.00 C) 16” STEEL CASING PIPE (per FDOT Spec 556) 0 LF $ $0.00 D) 20” STEEL CASING PIPE (per FDOT Spec 556) 0 LF $ $0.00 8 WET TAP POTABLE WATER MAIN A) 6X6 WET TAP 2 EA $ $ B) 8X8 WET TAP 1 EA $ $ 9 DUCTILE IRON FITTINGS, MECHANICAL JOINT RESTRAINED A) 6” GATE VALVE 3 EA $ $ B) 8” GATE VALVE 4 EA $ $ C) 12” GATE VALVE 2 EA $ $ D) 2” AIR RELEASE VALVE ASSEMBLY, PER DETAIL W-4 (SHEET C-9) 3 EA $ $ E) SLEEVES, SHORT-BODY BENDS, TEES, BELL RESTRAINTS, & OTHER MISC. DIP FITTINGS 2.0 TN $ $ 10 SERVICE CONNECTIONS ON TATUM BOULEVARD EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved 00415 – 4 / 5 Pay Item No. Item Quantity Unit Unit Price Bid Price A) 12”x1” SADDLE, CORP STOP, TUBING, & CURB STOP TO EXISTING METER LOCATIONS 6 EA $ $ B) 12”x1” SADDLE, CORP STOP, & CAP FOR FUTURE CUSTOMERS. LOCATIONS AS MARKED IN FIELD BY CITY 24 EA $ $ 11 RELOCATE EXISTING FIRE HYDRANT 1 EA $ $ 12 PRESSURE TEST (4 HOURS @ 200 PSI) & BACTERIOLOGICAL TEST 1 LS $ $ 13 REMOVE, SECURE, AND REINSTALL RESIDENTIAL PROPERTY WITHIN WORK ZONE (E.G. IRRIGATION SYSTEM COMPONENTS, LANDSCAPE SPECIMENS, MAILBOXES, FENCING, ETC.) 1 LS $ $ 14 CONCRETE DRIVEWAYS, 6” THICK, 3000 PSI W/ FIBER MESH 300 SY $ $ 15 ASPHALT ROAD REPAIR, 6” BASE W/ 1.5” TYPE S-3 ASPHALT 100 SY $ $ 16 SOD, BAHIA OR ST. AUGUSTINE 3000 SY $ $ 17 UNSUITABLE MATERIALS (IF FOUND WITHIN WORK ZONE), REMOVE & REPLACE WITH APPROVED BACKFILL MATERIAL 36 CY $ $ TOTAL BASE BID $ EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved 00415 – 5 / 5 Pay Item No. Item Quantity Unit Unit Price Bid Price Bid Alt 1 FUSIBLE PVC IN LIEU OF HDPE, DIRECTIONAL DRILL INSTALL (In Lieu of Base Bid Items 6A & 6B) A) 8” fPVC in lieu of 10” HDPE 800 LF $ $ B) 12” fPVC in lieu of 12” HDPE 200 LF $ $ SUBTOTAL BID ALTERNATES $ TOTAL BASE BID + BID ALTERNATES $ BIDS WILL BE EVALUATED ON LOWEST OVERALL COST TO THE CITY, IN CONSIDERATION OF BASE BID AND ANY ALTERNATES. 00420 - 1 / 4 SECTION 00-420 LIST OF MAJOR MANUFACTURERS, SUPPLIERS, AND SUBCONTRACTORS A) MAJOR SUBCONTRACTORS: The Bidder proposes that the following subcontractors are qualified to perform the referenced work and have successfully done so on recent projects similar in nature and size. Upon approval of subcontractors listed the successful bidder shall not substitute subcontractors without approval from the Engineer. PORTION OF WORK SUBCONTRACTED: COMPANY NAME & ADDRESS: REFERENCES: Name / Telephone No. 1) 2) 3) 1) 2) 3) 1) 2) 3) 1) 2) 3) 1) 2) 3) 00420 - 2 / 4 B) MAJOR MANUFACTURERS OR SUPPLIERS: If box is checked, provisions for Major Manufacturers or Suppliers DO NOT apply to this Contract. 1.The equipment manufacturers/suppliers on this project shall be as delineated in the following schedule. Bidders should note that the Owner and Engineer have made rigorous investigations of equipment performance and features, and as a result, Bidders are to note that the contract price for this project shall be based on Base Bid equipment. The Base Bid equipment for this project falls under one of two categories. The first category is equipment that the Owner and Engineer have determined will be supplied by a sole source of supply, for which no substitutions or alternates will be entertained or allowed. Bidder is advised that offering of any alternatives to the sole source supplied equipment will be grounds for rejection of his bid as not responsive. The second category of equipment includes those items where the Owner and Engineer deem there to be more than one acceptable supplier of the particular item listed. The equipment which falls under these two categories is a shown on the subsequent pages of this Schedule of Major Manufacturers and Suppliers. Bidder is advised that the award of this Contract will be based solely on the use of Base Bid equipment. 2.The following comments relate only to the second category of equipment, where the Contract Documents are based upon the equipment or products available from the suppliers denoted as A, B, C, etc. below. These equipment manufacturers, along with the sole source suppliers constitute the Base Bid. 3.Provision is made in the Contract Documents for alternate manufacturers and suppliers whose equipment or product may be deemed equivalent in quality (see General Conditions). However, the Bidder must indicate in his Bid which Base Bid supplier he intends to use for each item of equipment listed by circling one of the listed manufacturers/suppliers. If the Bidder fails to indicate which listed manufacturer/supplier he intends to use if an alternate is rejected, he must use the supplier listed as "A". Also, if the Bidder circles more than one listed supplier, he must use the first supplier circled (unless an alternate is approved). 4.If the Bidder desires to propose one or more alternate manufacturers/suppliers, he may write in the name of such alternates in the spaces provided on the Alternate Manufactures/Suppliers page following the schedule. He must, nevertheless, also circle one of the listed manufacturers/suppliers because Bidders' Bid price must be based upon this Base Bid list. Wherever an alternate supplier is proposed, the Bidder must insert the amount to be deducted from the Contract Price (either lump sum or unit price) if the alternate supplier is eventually approved. If the proposed alternate supplier is determined "not equivalent" by the Engineer, the Bidder must use the circled supplier. 5.For any alternate supplier accepted by the Owner, the Contract Price will be reduced by the deductive amount stated in the Bid. However, the Contract Price will not be adjusted for any alternate supplier rejected. 00420 - 3 / 4 6.Each proposed alternate will be evaluated in accordance with the General Conditions. The deductive amount specified for alternate manufacturers/suppliers will not be used in determining the successful Bidder. Alternates will be considered only after award of the contract. 7.The Contractor shall reimburse the Owner for any costs directly attributable to the change in suppliers, such as additional field trips for the Engineer, additional redesign costs, additional review and inspection costs, etc. 8.The Owner may request and the Bidder shall supply complete information on proposed alternates prior to the Notice of Award. A) MAJOR MANUFACTURERS OR SUPPLIERS: If box is checked, provisions for Major Manufacturers or Suppliers DO NOT apply to this Contract. Category I - Sole Source Equipment Items: Specification Section Equipment Manufacturer N/A -None Category II - Major Equipment Items: Specification Section Equipment Manufacturer N/A - None A) B) C) 00420 - 4 / 4 If box is checked, provisions for Major Manufacturers or Suppliers (or Alternates) DO NOT apply to this Contract. ALTERNATE MANUFACTURERS/SUPPLIERS EQUIPMENT ITEM MATERIAL SPEC. SECTION ALTERNATIVE MANUFACTURER/ SUPPLIER (LIST ONE ONLY) DEDUCTIBLE AMOUNT (indicate whether lump sum or unit price) ALTERNATE 1. ____________________________ ____________________ ______________________ 2. ____________________________ ____________________ ______________________ 3. ____________________________ ____________________ ______________________ 4. ____________________________ ____________________ ______________________ 5. ____________________________ ____________________ ______________________ 6. ____________________________ ____________________ ______________________ 7. ____________________________ ____________________ ______________________ 8. ____________________________ ____________________ ______________________ 9. ____________________________ ____________________ ______________________ PENAL SUM FORM EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. 00430 - 1 of 2 SECTION 00-430 BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): City of Edgewater, Attn: City Clerk P.O. Box 100 Edgewater, FL 32132-100 BID Bid Due Date: February 6, 2020 Description (name and location): “Tatum Boulevard to Elizabeth Street Water Main” in Edgewater, FL. BOND Bond Number: Date: Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. PENAL SUM FORM EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. 00430 - 2 of 2 1.Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder. 2.Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3.This obligation shall be null and void if: 3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4.Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5.Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent. 6.No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date. 7.Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8.Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9.Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10.This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11.The term “Bid” as used herein includes a Bid, offer, or proposal as applicable. EJCDC® C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00451 – 1 / 11 SECTION 00-451 QUALIFICATIONS STATEMENT THE INFORMATION SUPPLIED IN THIS DOCUMENT IS CONFIDENTIAL TO THE EXTENT PERMITTED BY LAWS AND REGULATIONS 1.SUBMITTED BY: Official Name of Firm: Address: 2.SUBMITTED TO: CITY OF EDGEWATER 3.SUBMITTED FOR: Owner: CITY OF EDGEWATER Project Name: TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 20-ES-002 TYPE OF WORK: 4.CONTRACTOR'S CONTACT INFORMATION Contact Person: Title: Phone: Email: EJCDC® C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00451 – 2 / 11 5.AFFILIATED COMPANIES: Name: Address: 6.TYPE OF ORGANIZATION: SOLE PROPRIETORSHIP Name of Owner: Doing Business As: Date of Organization: PARTNERSHIP Date of Organization: Type of Partnership: Name of General Partner(s): CORPORATION State of Organization: Date of Organization: Executive Officers: -President: -Vice President(s): -Treasurer: -Secretary: EJCDC® C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00451 – 3 / 11 LIMITED LIABILITY COMPANY State of Organization: Date of Organization: Members: JOINT VENTURE Sate of Organization: Date of Organization: Form of Organization: Joint Venture Managing Partner -Name: -Address: Joint Venture Managing Partner -Name: -Address: Joint Venture Managing Partner -Name: -Address: EJCDC® C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00451 – 4 / 11 7.FINANCIAL INFORMATION: Federal Employer Identification Number (FEIN): _______________________________________ Remittance Address (if same as listed in Section 1, check here: ): 8.LICENSING Jurisdiction: Type of License: License Number: Jurisdiction: Type of License: License Number: 9.BONDING INFORMATION Bonding Company: Address: Bonding Agent: Address: Contact Name: Phone: Aggregate Bonding Capacity: Available Bonding Capacity as of date of this submittal: EJCDC® C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00451 – 5 / 11 10.CONSTRUCTION EXPERIENCE: Current Experience: List on Schedule A all uncompleted projects currently under contract (If Joint Venture list each participant's projects separately). Previous Experience: List on Schedule B all projects completed within the last 5 Years (If Joint Venture list each participant's projects separately) of similar or larger contract value and/or complexity as this project. Has firm listed in Section 1 ever failed to complete a construction contract awarded to it? YES NO If YES, attach as an Attachment details including Project Owner's contact information. Has any Corporate Officer, Partner, Joint Venture participant or Proprietor ever failed to complete a construction contract awarded to them in their name or when acting as a principal of another entity? YES NO If YES, attach as an Attachment details including Project Owner's contact information. Are there any judgments, claims, disputes or litigation pending or outstanding involving the firm listed in Section 1 or any of its officers (or any of its partners if a partnership or any of the individual entities if a joint venture)? YES NO If YES, attach as an Attachment details including Project Owner's contact information. 11.EQUIPMENT: MAJOR EQUIPMENT: List on Schedule C all pieces of major equipment available for use on Owner's Project. EJCDC® C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00451 – 6 / 11 I HEREBY CERTIFY THAT THE INFORMATION SUBMITTED HEREWITH, INCLUDING ANY ATTACHMENTS, IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. NAME OF ORGANIZATION: BY: TITLE: DATED: NOTARY ATTEST: SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF , 20___ NOTARY PUBLIC - STATE OF MY COMMISSION EXPIRES: REQUIRED ATTACHMENTS 1.Schedule A (Current Outstanding Contracts). 2.Schedule B (Previous Experience). 3.Schedule C (Major Equipment). 4.Evidence of authority for individuals listed in Section 7 to bind organization to an agreement. 5.Additional items as pertinent. EJCDC® C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00451 – 7 / 11 SCHEDULE A CURRENT OUTSTANDING CONTRACTS Project Name Owner's Contact Person Design Engineer Contract Date Type of Work Status Cost of Work Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: EJCDC® C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00451 – 8 / 11 SCHEDULE B PREVIOUS EXPERIENCE (Include ALL Projects Completed within last 5 years of similar or larger contract value and/or complexity as this project): Project Name Owner's Contact Person Design Engineer Contract Date Type of Work Status Cost of Work Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: EJCDC® C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00451 – 9 / 11 SCHEDULE B PREVIOUS EXPERIENCE (Include ALL Projects Completed within last 5 years of similar or larger contract value and/or complexity as this project): Project Name Owner's Contact Person Design Engineer Contract Date Type of Work Status Cost of Work Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: EJCDC® C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00451 – 10 / 11 SCHEDULE C - LIST OF MAJOR EQUIPMENT AVAILABLE ITEM PURCHASE DATE CONDITION ACQUIRED VALUE EJCDC® C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00451 – 11 / 11 EJCDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00520- - 1 / 7 SECTION 00-520 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between CITY OF EDGEWATER (“Owner”) and (“Contractor”). Owner and Contractor hereby agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This project consists of the construction of approximately 1.25 miles of an 8 to 12 foot wide asphalt trail from approximately 230 feet north of Park Ave along Dale Ave to 10th St in the City of Edgewater. The project will also include drainage pipe & structures, storm water pond facilities, signing & pavement markings, boardwalk structures, detectable warning surfaces, concrete curb, and sodding. Utility coordination may be required. All pedestrian facilities shall adhere to current ADA standards. The successful bidder must be FDOT Pre- Qualified. ARTICLE 2 – THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: _(see Scope of Work in Paragraph 1.01)__________________ ARTICLE 3 – ENGINEER 3.01 The part of the Project that pertains to the Work has been designed by _Zev Cohen & Associates, Inc., Ormond Beach, FL_ (Engineer of Record, EOR). 3.02 The Owner has retained __TBD – To Be Determined___ (Construction Engineer & Inspector, CEI) to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. The word Engineer in the Agreement, General Conditions, Supplementary Conditions, and other Contract Documents shall be considered to mean CEI unless it is specifically referring to the EOR or to a function of work reserved specifically to the EOR. Similarly, the phrase “Owner’s Representative” shall generally encompass all the duties and limitations of the Engineer’s Resident Project Representative and vice versa. EJCDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00520- - 2 / 7 ARTICLE 4 – CONTRACT TIMES 4.01 Time of the Essence A.All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Days A.The Work will be substantially completed within _45__ days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within _75_ days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A.Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1.Substantial Completion: Contractor shall pay Owner $_600_____ for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2.Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $_60______ for each day that expires after such time until the Work is completed and ready for final payment. 3.Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. 4.04 Special Damages A.In addition to the amount provided for liquidated damages, Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor’s failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete. B.After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment. EJCDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00520- - 3 / 7 ARTICLE 5 – CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A.For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit. ARTICLE 6 – PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A.Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A.Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the _15th_ day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1.Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a._Ninety (90%)_ percent of Work completed (with the balance being retainage). If the Work has been 50 percent or more completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, ninety five (95%) percent of all Work completed will be compensated if so requested by Contractor and approved by Owner in Owner’s sole discretion; and b._Fifty (50%)_ percent of cost of materials and equipment not yet incorporated in the Work (with the balance being retainage). All such Stored Material must be specifically and individually approved for compensation by Owner. 6.03 Final Payment A.Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 – INTEREST 7.01 Contractor shall not charge interest to Owner due to perceived delay in processing Applications for Payment. EJCDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00520- - 4 / 7 ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A.Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B.Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C.Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D.Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site, if such tests have been conducted, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E.Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor’s safety precautions and programs. F.Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G.Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H.Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I.The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J.Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. EJCDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00520- - 5 / 7 ARTICLE 9 – CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to _7__, inclusive). 2. Performance bond (pages _1__ to _3__, inclusive). 3. Payment bond (pages _1__ to _3__, inclusive). 4. Other bonds:_________________ a. ___ (pages ___ to ___, inclusive). 5. General Conditions (pages _1__ to _73__, inclusive). 6. Supplementary Conditions (pages _1__ to _13__, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings (not attached but incorporated by reference) consisting of _7__ sheets with each sheet bearing the following general title: _Tatum Blvd / Elizabeth St Water Main Improvements__ 9. Addenda (numbers ___ to ___, inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. Contractor’s Bid (pages _1__ to ___, inclusive). 11. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 – MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned EJCDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00520- - 6 / 7 without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A.Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A.Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor’s Certifications A.Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1.“corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2.“fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3.“collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4.“coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions A.Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions. EJCDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00520- - 7 / 7 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on __________ (which is the Effective Date of the Contract). OWNER: CONTRACTOR: City of Edgewater By: By: Title: Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: City of Edgewater – Attn: Environmental Services PO Box 100 Edgewater, FL 32132-0100 License No.: (where applicable) (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) EJCDC® C-550, Notice to Proceed. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. 00550 – 1 / 1 SECTION 00-550 NOTICE TO PROCEED Owner: CITY OF EDGEWATER Owner's Contract No.: 20-ES-002 Contractor: Contractor’s Project No.: Engineer: Engineer's Project No.: Project: Tatum Boulevard to Elizabeth Street Water Main Contract Name: Effective Date of Contract: TO CONTRACTOR: Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on [_____________________, 20__]. On that date, Contractor shall start performing its obligations under the Contract Documents. No Work shall be done at the Site prior to such date. In accordance with the Agreement, the number of days to achieve Substantial Completion is _forty-five (45)_______, and the number of days to achieve readiness for final payment is _seventy-five (75)_____________. Before starting any Work at the Site, Contractor must comply with the following: 1.No Special Conditions. Owner: CITY OF EDGEWATER Authorized Signature By: Title: Date Issued: Copy: Engineer EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00610 – 1 / 3 SECTION 00-610 PERFORMANCE BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER (name and address): City of Edgewater, Attn: City Clerk P.O. Box 100 Edgewater, FL 32132-100 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): 20-ES-002 “Tatum Boulevard to Elizabeth Street Water Main” in Edgewater, FL BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00610 – 2 / 3 1.The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2.If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3.If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4.Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5.When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6.If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7.If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8.If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond. 9.The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00610 – 3 / 3 10.The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11.Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12.Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13.When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14.Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15.If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16.Modifications to this Bond are as follows: N/A – No modifications EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00615 – 1 / 3 SECTION 00-615 PAYMENT BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER (name and address): City of Edgewater, Attn: City Clerk P.O. Box 100 Edgewater, FL 32132-0100 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name & location): 20-ES-002 “Tatum Boulevard to Elizabeth Street Water Main” Edgewater, FL BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00615 – 2 / 3 1.The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2.If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3.If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4.When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5.The Surety’s obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants who do not have a direct contract with the Contractor, 5.1.1 have furnished a written notice of non- payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6.If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7.When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8.The Surety’s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9.Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work. 10.The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11.The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00615 – 3 / 3 12.No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13.Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14.When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15.Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16.Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: 1.The name of the Claimant; 2.The name of the person for whom the labor was done, or materials or equipment furnished; 3.A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4.A brief description of the labor, materials, or equipment furnished; 5.The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6.The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7.The total amount of previous payments received by the Claimant; and 8.The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of “labor, materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17.If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: N/A – No modifications. SECTION 00-620 EJCDC® C-620 Contractor's Application for Payment © 2013 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 3 00620 - Part A Contractor's Application for Payment No. Application Application Date: Period: To From (Contractor):Via (Engineer): (Owner): Project:Contract: Owner's Contract No.:Contractor's Project No.:Engineer's Project No.: 1. ORIGINAL CONTRACT PRICE.............................................................$ 2. Net change by Change Orders...................................................................$ 3. Current Contract Price (Line 1 ± 2).........................................................$ 4.TOTAL COMPLETED AND STORED TO DATE (Column F total on Progress Estimates)..................................................$ 5.RETAINAGE: a.10%X Work Completed..........$ b.50%X Stored Material............$ c.Total Retainage (Line 5.a + Line 5.b)..............................$ 6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5.c).............................$ 7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application).........$ 8. AMOUNT DUE THIS APPLICATION...................................................$ 9.BALANCE TO FINISH, PLUS RETAINAGE (Column G total on Progress Estimates + Line 5.c above)......................$ Contractor's Certification Payment of:$ is recommended by: Payment of:$ is approved by: Contractor Signature By:Date: Approved by: CHANGE ORDERS (Date) (Date)(Engineer) (Owner) NET CHANGE BY (Line 8 or other - attach explanation of the other amount) (Date) Funding or Financing Entity (if applicable) Number Deductions (Line 8 or other - attach explanation of the other amount) TOTALS 20-ES-002 Tatum Boulevard to Elizabeth Street Water Main Additions Tatum Boulevard to Elizabeth Street Water Main City of Edgewater Attn: City Engineer (rcoslow@cityofedgewater.org) Approved Change Orders 20-ES-002 Application For Payment Change Order Summary The undersigned Contractor certifies, to the best of its knowledge, the following: (1)All previous progress payments received from Owner on account of Work done under the Contract have been applied on account to discharge Contractor's legitimate obligations incurred in connection with the Work covered by prior Applications for Payment; (2) Title to all Work, materials and equipment incorporated in said Work, or otherwise listed in or covered by this Application for Payment, will pass to Owner at time of payment free and clear of all Liens, security interests, and encumbrances (except such as are covered by a bond acceptable to Owner indemnifying Owner against any such Liens, security interest, or encumbrances); and (3) All the Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective. EJCDC® C-620 Contractor's Application for Payment © 2013 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 1 00620 - Part B Progress Estimate - Unit Price Work Contractor's Application For (Contract):Application Number: Application Period:Application Date: Item 1 MOBILIZATION (MAX 10% OF BASE BID)1 LS 2 MAINTENANCE OF TRAFFIC (MAX 5% OF BASE BID)1 LS 3 TRENCH SAFETY, EROSION CONTROL, DEWATERING, AND HAND-DIGGING WHERE NECESSARY 1 LS 4 SURVEYED AS-BUILTS 1 LS 5 OPEN TRENCH PIPE, INCL. BACKFILL & COMPACTION A) 6” PVC C900, BLUE 100 LF B) 8” PVC C900, BLUE 650 LF B) 12” PVC C900, BLUE 2,100 LF 6 DIRECTIONAL DRILL, INCL. FUSIBLE M.J. ADAPTERS A) 10” HDPE DR11 DIPS, BLUE STRIPE 800 LF B) 12” HDPE DR11 DIPS, BLUE STRIPE 200 LF 7 JACK & BORE (IF NEEDED) , 0 LF SHOWN A) 8” DIP CL 350 (CARRIER PIPE)LF B) 12” DIP CL 350 (CARRIER PIPE)LF C) 16” Steel Casing Pipe (per FDOT Spec 556)LF D) 20” Steel Casing Pipe (per FDOT Spec 556)LF 8 WET TAP POTABLE WATER MAIN A) 6X6 WET TAP 2 EA B) 8X8 WET TAP 1 EA 9 DUCTILE IRON FITTINGS, MECHANICAL JOINT RESTRAINED A) 6” GATE VALVE 3 EA B) 8” GATE VALVE 4 EA C) 12” GATE VALVE 2 EA D) 2” AIR RELEASE VALVE ASSEMBLY, PER DETAIL W-4 (SHEET C-9)3 EA E) SLEEVES, SHORT-BODY BENDS, TEES, BELL RESTRAINTS, & OTHER MISC. DIP FITTINGS 2.0 TN 10 SERVICE CONNECTIONS ON TATUM BOULEVARD A) 12”x1” SADDLE, CORP STOP, TUBING, & CURB STOP TO EXISTING METER LOCATIONS 2 EA B) 12”x1” SADDLE, CORP STOP, & CAP FOR FUTURE CUSTOMERS. LOCATIONS AS MARKED IN FIELD BY CITY 1 EA 11 RELOCATE EXISTING FIRE HYDRANT 1 EA 12 PRESSURE TEST (4 HOURS @ 200 PSI) & BACTERIOLOGICAL TEST 1 LS 13 REMOVE, SECURE, AND REINSTALL RESIDENTIAL PROPERTY WITHIN WORK ZONE (E.G. IRRIGATION SYSTEM COMPONENTS, LANDSCAPE SPECIMENS, MAILBOXES, FENCING, ETC.) 1 LS 14 CONCRETE DRIVEWAYS, 6” THICK, 3000 PSI W/ FIBER MESH 300 SY 15 ASPHALT ROAD REPAIR, 6" BASE W/ 1/5" TYPE S-3 ASPHALT 100 SY 16 SOD, BAHIA OR ST. AUGUSTINE 3,000 SY 17 UNSUITABLE MATERIALS (IF FOUND WITHIN WORK ZONE), REMOVE & REPLACE WITH APPROVED BACKFILL MATERIAL 36 CY Bid Alt 1 FUSIBLE PVC IN LIEU OF HDPE, DIRECTIONAL DRILL INSTALL (In Lieu of Base Bid Items 6A & 6B) A) 8” fPVC in lieu of 10” HDPE 800 LF B) 12” fPVC in lieu of 12” HDPE 200 LF Totals 20-ES-002 Tatum Boulevard to Elizabeth Street Water Main Description % (F / B) Bid Item No. B C D E FA Balance to Finish (B - F) Contract Information Value of Work Installed to Date Materials Presently Stored (not in C) Total Completed and Stored to Date (D + E) Item Quantity Units Unit Price Total Value of Item ($) Estimated Quantity Installed EJCDC® C-620 Contractor's Application for Payment © 2013 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 3 00620 - Part C Stored Material Summary Contractor's Application For (Contract):Application Number: Application Period:Application Date: B E G Totals 20-ES-002 Tatum Boulevard to Elizabeth Street Water Main D F Stored Previously Incorporated in Work Date Placed into Storage (Month/Year) Amount ($) Date (Month/ Year) Amount ($) Materials Remaining in Storage ($) (D + E - F) Amount Stored this Month ($) Subtotal Amount Completed and Stored to Date (D + E) Supplier Invoice No. Submittal No. (with Specification Section No.) A C Bid Item No. Storage Location Description of Materials or Equipment Stored EJCDC® C-625, Certificate of Substantial Completion. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. 00625 – 1 / 1 SECTION 00-625 CERTIFICATE OF SUBSTANTIAL COMPLETION Owner: CITY OF EDGEWATER Owner's Contract No.: 20-ES-002 Contractor: Contractor’s Project No.: Engineer: Engineer's Project No.: Project: Tatum Boulevard to Elizabeth Street Water Main Contract Name: This Certificate of Substantial Completion applies to: All Work The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Work or portion thereof designated above is hereby established, subject to the provisions of the Contract pertaining to Substantial Completion. The date of Substantial Completion in the final Certificate of Substantial Completion marks the commencement of the contractual correction period and applicable warranties required by the Contract. A punch list of items to be completed or corrected is attached to this Certificate. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance, and warranties upon Owner's use or occupancy of the Work shall be as provided in the Contract, except as amended as follows: Amendments to Owner's responsibilities: None As follows Amendments to Contractor's responsibilities: None As follows: The following documents are attached to and made a part of this Certificate: 1.Punch List, dated ________________ This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents, nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract. EXECUTED BY ENGINEER: RECEIVED: RECEIVED: By: By: By: (Authorized signature) Owner (Authorized Signature) Contractor (Authorized Signature) Title: Title: Title: Date: Date: Date: EJCDC® C-626, Notice of Acceptability of Work Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00626 – 1 / 2 SECTION 00-626 NOTICE OF ACCEPTABILITY OF WORK PROJECT: TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN OWNER: CITY OF EDGEWATER CONTRACTOR: OWNER’S CONSTRUCTION CONTRACT IDENTIFICATION: 20-ES-002 EFFECTIVE DATE OF THE CONSTRUCTION CONTRACT: ENGINEER: NOTICE DATE: To: Owner And To: Contractor From: Engineer The Engineer hereby gives notice to the above Owner and Contractor that Engineer has recommended final payment of Contractor, and that the Work furnished and performed by Contractor under the above Construction Contract is acceptable, expressly subject to the provisions of the related Contract Documents, and the following terms and conditions of this Notice: CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK The Notice of Acceptability of Work (“Notice”) is expressly made subject to the following terms and conditions to which all those who receive said Notice and rely thereon agree: 1.This Notice is given with the skill and care ordinarily used by members of the engineering profession practicing under similar conditions at the same time and in the same locality. 2.This Notice reflects and is an expression of the Engineer’s professional opinion. 3.This Notice is given as to the best of Engineer’s knowledge, information, and belief as of the Notice Date. EJCDC® C-626, Notice of Acceptability of Work Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00626 – 2 / 2 4.This Notice is based entirely on and expressly limited by the scope of services Engineer has been employed by Owner to perform or furnish during construction of the Project (including observation of the Contractor’s work) under Engineer’s Agreement with Owner, and applies only to facts that are within Engineer’s knowledge or could reasonably have been ascertained by Engineer as a result of carrying out the responsibilities specifically assigned to Engineer under such Agreement. 5.This Notice is not a guarantee or warranty of Contractor’s performance under the Construction Contract, an acceptance of Work that is not in accordance with the related Contract Documents, including but not limited to defective Work discovered after final inspection, nor an assumption of responsibility for any failure of Contractor to furnish and perform the Work thereunder in accordance with the Construction Contract Documents, or to otherwise comply with the Construction Contract Documents or the terms of any special guarantees specified therein. 6.This Notice does not relieve Contractor of any surviving obligations under the Construction Contract, and is subject to Owner’s reservations of rights with respect to completion and final payment. 7. By: Title: Dated: 00630 - 1 / 2 SECTION 00-630 CONTRACTOR’S FINAL RELEASE OF LIEN & CONSENT OF SURETY 1)CONTRACTOR’S RELEASE OF LIEN Before me the undersigned authority in said County and State, appeared (print name)____________________ who, being first duly sworn, deposes and says that he is (corporate title)______________________________of (corporate name)___________________________, a company and/or corporation authorized to do business under the laws of Florida, which is the Contractor on the Contract described as: (contract name & no.) “Tatum Boulevard to Elizabeth Street Water Main” / 20-ES-002 dated the ___ day of ______________, 20___, that the said deponent is duly authorized to make this affidavit by resolution of the Board of Directors of said company and/or corporation; that deponent knows of his own knowledge that said Contract has been complied with in every particular by said Contractor and that all parts of the work have been approved by the Owner’s Engineers; that there are no bills remaining unpaid for labor, material, or otherwise, in connection with said Contract and work, and that there are no suits pending against the undersigned as Contractor or anyone in connection with the work done and materials furnished or otherwise under said Contract. Deponent further says that the final estimate which has been submitted to the Owner simultaneously with the making of the affidavit constitutes all claims and demands against the Owner on account of said Contract or otherwise, and the acceptance of the sum specified in said final estimate will operate as full and final release and discharge of the Owner from any further claims, demands or compensation by Contractor under the above Contract. Deponent further agrees that all guarantees under this Contract shall be in full force from the date of this release as spelled out in the Contract Documents. Sworn to and subscribed to before me this _______day of ___________________. 20____. _______________________________________ _______________________________ Notary Public My Commission Expires ___________ 00630 - 2 / 2 2)CONSENT OF SURETY FOR FINAL PAYMENT We, the ___________________having heretofore executed a Performance Bond for the above- mentioned Contractor covered Project and Section as described above in the sum of ____________________________________dollars ($_______________________), hereby agree that the Owner may make full payment of the final estimate, including the retained percentage, to said Contractor. It is fully understood that the granting of the right to the Owner to make payment of the final estimate to said Contractor and/or his assigns, shall in no way relieve the surety company of its obligations under its bond, as set forth in the Specifications, Contract and Bond pertaining to the above Project. IN WITNESS WHEREOF, the ______________________________has caused this instrument to be executed o its behalf by its ___________________________and/or its duly authorized attorney in fact, and its corporate seal to be hereunto affixed, all of this _______ day of _______________, A.D., 20_____. ________________________ Surety Company ________________________ Attorney in Fact (Power of Attorney must be attached if executed by Attorney in Fact) STATE OF FLORIDA COUNTY OF ____________________ Before me the undersigned authority, personally appeared to me well known as the person described in and who executed the foregoing instrument in the name of ___________________and/or authority to execute the same on behalf of said ________________________, a corporation . IN WITNESS WHEREOF, I have hereunto set my hand and official seal at __________________ this ________day of _______________________, ________________________ Notary Public END OF SECTION EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.00700 – 1 / 73 SECTION 00‐700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT NOTE: This Section 00‐700 is intended to be a verbatim copy of EJCDC C‐700 (Rev 1) Standard General Conditions of the Construction Contract © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. Any and all changes to the requirements herein are presented in Section 00‐800 Supplementary Conditions. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.00700 – 2 / 73 Copyright © 2013: National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314‐2794 (703)684‐2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202)347‐7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191‐4400 (800)548‐2723 www.asce.org The copyright for this document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 3 / 73 SECTION 00‐700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page ARTICLE 1 – Definitions and Terminology ....................................................................................... 8 1.01 Defined Terms ........................................................................................................................ 8 1.02 Terminology ......................................................................................................................... 12 ARTICLE 2 – Preliminary Matters .................................................................................................. 13 2.01 Delivery of Bonds and Evidence of Insurance ...................................................................... 13 2.02 Copies of Documents ........................................................................................................... 13 2.03 Before Starting Construction ............................................................................................... 13 2.04 Preconstruction Conference; Designation of Authorized Representatives ......................... 14 2.05 Initial Acceptance of Schedules ........................................................................................... 14 2.06 Electronic Transmittals ......................................................................................................... 14 ARTICLE 3 – Documents: Intent, Requirements, Reuse ................................................................ 15 3.01 Intent .................................................................................................................................... 15 3.02 Reference Standards ............................................................................................................ 15 3.03 Reporting and Resolving Discrepancies ............................................................................... 16 3.04 Requirements of the Contract Documents .......................................................................... 16 3.05 Reuse of Documents ............................................................................................................ 17 ARTICLE 4 – Commencement and Progress of the Work ............................................................. 17 4.01 Commencement of Contract Times; Notice to Proceed ...................................................... 17 4.02 Starting the Work ................................................................................................................. 17 4.03 Reference Points .................................................................................................................. 17 4.04 Progress Schedule ................................................................................................................ 18 4.05 Delays in Contractor’s Progress ........................................................................................... 18 ARTICLE 5 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions ..................................................................................................................................... 19 5.01 Availability of Lands ............................................................................................................. 19 5.02 Use of Site and Other Areas ................................................................................................. 19 5.03 Subsurface and Physical Conditions ..................................................................................... 20 5.04 Differing Subsurface or Physical Conditions ........................................................................ 21 5.05 Underground Facilities ......................................................................................................... 22 EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 4 / 73 5.06 Hazardous Environmental Conditions at Site....................................................................... 24 ARTICLE 6 – Bonds and Insurance ................................................................................................. 26 6.01 Performance, Payment, and Other Bonds ........................................................................... 26 6.02 Insurance—General Provisions ............................................................................................ 26 6.03 Contractor’s Insurance ......................................................................................................... 28 6.04 Owner’s Liability Insurance .................................................................................................. 30 6.05 Property Insurance ............................................................................................................... 30 6.06 Waiver of Rights ................................................................................................................... 32 6.07 Receipt and Application of Property Insurance Proceeds ................................................... 33 ARTICLE 7 – Contractor’s Responsibilities .................................................................................... 33 7.01 Supervision and Superintendence ....................................................................................... 33 7.02 Labor; Working Hours .......................................................................................................... 33 7.03 Services, Materials, and Equipment ..................................................................................... 34 7.04 “Or Equals” ........................................................................................................................... 34 7.05 Substitutes ........................................................................................................................... 35 7.06 Concerning Subcontractors, Suppliers, and Others ............................................................. 37 7.07 Patent Fees and Royalties .................................................................................................... 38 7.08 Permits ................................................................................................................................. 39 7.09 Taxes .................................................................................................................................... 39 7.10 Laws and Regulations ........................................................................................................... 39 7.11 Record Documents ............................................................................................................... 40 7.12 Safety and Protection ........................................................................................................... 40 7.13 Safety Representative .......................................................................................................... 41 7.14 Hazard Communication Programs ....................................................................................... 41 7.15 Emergencies ......................................................................................................................... 41 7.16 Shop Drawings, Samples, and Other Submittals .................................................................. 41 7.17 Contractor’s General Warranty and Guarantee................................................................... 43 7.18 Indemnification .................................................................................................................... 44 7.19 Delegation of Professional Design Services ......................................................................... 45 ARTICLE 8 – Other Work at the Site .............................................................................................. 45 8.01 Other Work .......................................................................................................................... 45 8.02 Coordination ........................................................................................................................ 46 8.03 Legal Relationships ............................................................................................................... 46 ARTICLE 9 – Owner’s Responsibilities ........................................................................................... 47 EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 5 / 73 9.01 Communications to Contractor ............................................................................................ 47 9.02 Replacement of Engineer ..................................................................................................... 47 9.03 Furnish Data ......................................................................................................................... 48 9.04 Pay When Due ...................................................................................................................... 48 9.05 Lands and Easements; Reports, Tests, and Drawings .......................................................... 48 9.06 Insurance .............................................................................................................................. 48 9.07 Change Orders ...................................................................................................................... 48 9.08 Inspections, Tests, and Approvals ........................................................................................ 48 9.09 Limitations on Owner’s Responsibilities .............................................................................. 48 9.10 Undisclosed Hazardous Environmental Condition ............................................................... 48 9.11 Evidence of Financial Arrangements .................................................................................... 48 9.12 Safety Programs ................................................................................................................... 48 ARTICLE 10 – Engineer’s Status During Construction ................................................................... 49 10.01 Owner’s Representative ....................................................................................................... 49 10.02 Visits to Site .......................................................................................................................... 49 10.03 Project Representative ......................................................................................................... 49 10.04 Rejecting Defective Work ..................................................................................................... 49 10.05 Shop Drawings, Change Orders and Payments .................................................................... 49 10.06 Determinations for Unit Price Work .................................................................................... 50 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work ................ 50 10.08 Limitations on Engineer’s Authority and Responsibilities .................................................... 50 10.09 Compliance with Safety Program ......................................................................................... 51 ARTICLE 11 – Amending the Contract Documents; Changes in the Work.................................... 51 11.01 Amending and Supplementing Contract Documents .......................................................... 51 11.02 Owner‐Authorized Changes in the Work ............................................................................. 51 11.03 Unauthorized Changes in the Work ..................................................................................... 52 11.04 Change of Contract Price ..................................................................................................... 52 11.05 Change of Contract Times .................................................................................................... 53 11.06 Change Proposals ................................................................................................................. 53 11.07 Execution of Change Orders ................................................................................................. 54 11.08 Notification to Surety ........................................................................................................... 54 ARTICLE 12 – Claims ...................................................................................................................... 55 12.01 Claims ................................................................................................................................... 55 ARTICLE 13 – Cost of the Work; Allowances; Unit Price Work ..................................................... 56 EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 6 / 73 13.01 Cost of the Work .................................................................................................................. 56 13.02 Allowances ........................................................................................................................... 58 13.03 Unit Price Work .................................................................................................................... 59 ARTICLE 14 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work .... 59 14.01 Access to Work ..................................................................................................................... 59 14.02 Tests, Inspections, and Approvals ........................................................................................ 60 14.03 Defective Work..................................................................................................................... 60 14.04 Acceptance of Defective Work ............................................................................................. 61 14.05 Uncovering Work ................................................................................................................. 61 14.06 Owner May Stop the Work .................................................................................................. 62 14.07 Owner May Correct Defective Work .................................................................................... 62 ARTICLE 15 – Payments to Contractor; Set‐Offs; Completion; Correction Period ....................... 63 15.01 Progress Payments ............................................................................................................... 63 15.02 Contractor’s Warranty of Title ............................................................................................. 66 15.03 Substantial Completion ........................................................................................................ 66 15.04 Partial Use or Occupancy ..................................................................................................... 67 15.05 Final Inspection .................................................................................................................... 67 15.06 Final Payment ....................................................................................................................... 67 15.07 Waiver of Claims .................................................................................................................. 69 15.08 Correction Period ................................................................................................................. 69 ARTICLE 16 – Suspension of Work and Termination .................................................................... 70 16.01 Owner May Suspend Work .................................................................................................. 70 16.02 Owner May Terminate for Cause ......................................................................................... 70 16.03 Owner May Terminate For Convenience ............................................................................. 71 16.04 Contractor May Stop Work or Terminate ............................................................................ 71 ARTICLE 17 – Final Resolution of Disputes ................................................................................... 72 17.01 Methods and Procedures ..................................................................................................... 72 ARTICLE 18 – Miscellaneous ......................................................................................................... 72 18.01 Giving Notice ........................................................................................................................ 72 18.02 Computation of Times .......................................................................................................... 72 18.03 Cumulative Remedies .......................................................................................................... 72 18.04 Limitation of Damages ......................................................................................................... 73 18.05 No Waiver ............................................................................................................................ 73 18.06 Survival of Obligations ......................................................................................................... 73 EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 7 / 73 18.07 Controlling Law .................................................................................................................... 73 18.08 Headings ............................................................................................................................... 73 EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 8 / 73 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder—An individual or entity that submits a Bid to Owner. 6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set‐off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim—(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 9 / 73 regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer has declined to address. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12. Contract—The entire and integrated written contract between the Owner and Contractor concerning the Work. 13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. . 15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16. Contractor—The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work—See Paragraph 13.01 for definition. 18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective. 20. Engineer—The individual or entity named as such in the Agreement. 21. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 22. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 10 / 73 23. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 24. Liens—Charges, security interests, or encumbrances upon Contract‐related funds, real property, or personal property. 25. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work. 26. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid. 27. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. 28. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 29. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. 30. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start‐up, and of which the Work to be performed under the Contract Documents is a part. 31. Project Manual—The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes. 32. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or “RPR” includes any assistants or field staff of Resident Project Representative. 33. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 34. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals and the performance of related construction activities. 35. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. 36. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 11 / 73 submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 37. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights‐of‐way and easements, and such other lands furnished by Owner which are designated for the use of Contractor. 38. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 39. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 40. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. 41. Successful Bidder—The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions. 42. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions. 43. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 44. Technical Data—Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06. 45. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 46. Unit Price Work—Work to be paid for on the basis of unit prices. 47. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 12 / 73 result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start‐up, and commissioning, all as required by the Contract Documents. 48. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 1.02 Terminology A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C. Day: 1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04). E. Furnish, Install, Perform, Provide: 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 13 / 73 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well‐ known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Contractor’s Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6. C. Evidence of Owner’s Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review: EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 14 / 73 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.03.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor. 2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may transmit, and shall accept, Project‐related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 15 / 73 B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. ARTICLE 3 – DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 16 / 73 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 17 / 73 Documents. Engineer’s written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner’s express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Contract, whichever date is earlier. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to such date. 4.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 18 / 73 responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor’s Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. abnormal weather conditions; 3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and 4. acts of war or terrorism. D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 19 / 73 with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5. E. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event. ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any other adjacent land or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 20 / 73 such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor’s performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site; 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 21 / 73 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or 2. is of such a nature as to require a change in the Drawings or Specifications; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer’s Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner’s obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. C. Owner’s Statement to Contractor Regarding Site Condition: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations, in whole or in part. D. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 22 / 73 a. such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and, c. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such commitment; or c. Contractor failed to give the written notice as required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the subsurface or physical condition in question. 5.05 Underground Facilities A. Contractor’s Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all information and data regarding existing Underground Facilities at the Site; b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site; c. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 23 / 73 d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. C. Engineer’s Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner’s Statement to Contractor Regarding Underground Facility: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations in whole or in part. E. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question; b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; c. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times; and d. Contractor gave the notice required in Paragraph 5.05.B. 2. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 24 / 73 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the Underground Facility in question. 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 25 / 73 corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set‐off against payments to account for the associated costs. F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner’s written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set‐off. H. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 8. I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.I shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 26 / 73 K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6 – BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract. B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney‐in‐fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney‐in‐fact signed the accompanying bond. C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above. E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 16. F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work. 6.02 Insurance—General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 27 / 73 Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A‐VII or better. C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self‐insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. D. Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self‐insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. E. Failure of Owner or Contractor to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party’s obligation to obtain and maintain such insurance. F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set‐off against payment, and exercise Owner’s termination rights under Article 16. H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly. I. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor’s interests. J. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner and other individuals and entities in the Contract. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 28 / 73 6.03 Contractor’s Insurance A. Workers’ Compensation: Contractor shall purchase and maintain workers’ compensation and employer’s liability insurance for: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts. 2. United States Longshoreman and Harbor Workers’ Compensation Act and Jones Act coverage (if applicable). 3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees (by stop‐gap endorsement in monopolist worker’s compensation states). 4. Foreign voluntary worker compensation (if applicable). B. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against: 1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees. 2. claims for damages insured by reasonably available personal injury liability coverage. 3. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. C. Commercial General Liability—Form and Content: Contractor’s commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage: a. Such insurance shall be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor’s contractual indemnity obligations in Paragraph 7.18. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground, explosion, and collapse coverage. 6. Personal injury coverage. 7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 29 / 73 8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent. D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis. E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry‐standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies. F. Contractor’s pollution liability insurance: Contractor shall purchase and maintain a policy covering third‐party injury and property damage claims, including clean‐up costs, as a result of pollution conditions arising from Contractor’s operations and completed operations. This insurance shall be maintained for no less than three years after final completion. G. Additional insureds: The Contractor’s commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non‐contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. H. Contractor’s professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor. I. General provisions: The policies of insurance required by this Paragraph 6.03 shall: 1. include at least the specific coverages provided in this Article. 2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater. 3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 30 / 73 4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents. 5. be appropriate for the Work being performed and provide protection from claims that may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies. 6.04 Owner’s Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. B. Owner’s liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner’s liability policies for any of Contractor’s obligations to the Owner, Engineer, or third parties. 6.05 Property Insurance A. Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder’s risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as “insureds.” 2. be written on a builder’s risk “all risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 31 / 73 under builder’s risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner‐furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects). 5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). 6. extend to cover damage or loss to insured property while in transit. 7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder’s risk insurance. 8. allow for the waiver of the insurer’s subrogation rights, as set forth below. 9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 10. not include a co‐insurance clause. 11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions. 12. include performance/hot testing and start‐up. 13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete. B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured. C. Deductibles: The purchaser of any required builder’s risk or property insurance shall pay for costs not covered because of the application of a policy deductible. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 32 / 73 provide notice of such occupancy or use to the builder’s risk insurer. The builder’s risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder’s risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder’s risk insurance. E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor’s expense. F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount. 6.06 Waiver of Rights A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder’s risk policy, shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 33 / 73 recovery against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them. D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by builder’s risk insurance and any other property insurance applicable to the Work. 6.07 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder’s risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed. ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES 7.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 34 / 73 B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld. 7.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 7.04 “Or Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” item is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below. 1. If Engineer in its sole discretion determines that an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer shall deem it an “or equal” item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 35 / 73 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to Owner. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense. C. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each “or‐equal” request. Engineer may require Contractor to furnish additional data about the proposed “or‐equal” item. Engineer will be the sole judge of acceptability. No “or‐equal” item will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an “or‐equal”, which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. D. Effect of Engineer’s Determination: Neither approval nor denial of an “or‐equal” request shall result in any change in Contract Price. The Engineer’s denial of an “or‐equal” request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an “or‐equal” item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05. 7.05 Substitutes A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. 3. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 36 / 73 a. shall certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design, 2) be similar in substance to that specified, and 3) be suited to the same use as that specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times, 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from that specified, and 2) available engineering, sales, maintenance, repair, and replacement services. d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. E. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 37 / 73 F. Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer’s denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal. 7.06 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days. E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of replacement. G. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. I. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 38 / 73 J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work. K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein. L. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier. O. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier, or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. 7.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 39 / 73 C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 7.08 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor’s Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work 7.09 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It shall not be Contractor’s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor’s Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value‐added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 40 / 73 7.11 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 7.12 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. C. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The Supplementary Conditions identify any Owner’s safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 41 / 73 Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor’s duties and responsibilities for safety and protection shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 15.06.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). G. Contractor’s duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.13 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 7.16 Shop Drawings, Samples, and Other Submittals A. Shop Drawing and Sample Submittal Requirements: 1. Before submitting a Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 42 / 73 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that submittal, and that Contractor approves the submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation. B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D. 2. Samples: a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D. 3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications. D. Engineer’s Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 43 / 73 3. Engineer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order. 5. Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B. 6. Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer’s receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer’s time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer’s charges to Owner for such time. Owner may impose a set‐ off against payments due to Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer’s charges to Owner for its review time, and Owner may impose a set‐off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. 7.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor’s warranty and guarantee. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 44 / 73 B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal; 6. the issuance of a notice of acceptability by Engineer; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by Owner. D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor’s performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 45 / 73 Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Engineer and Engineer’s officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 7.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations. B. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this paragraph, Engineer’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 7.16.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer. ARTICLE 8 – OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner’s employees, or through contracts between the Owner and third parties. Owner may also arrange to have third‐party utility owners perform work on their utilities and facilities at or adjacent to the Site. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 46 / 73 B. If Owner performs other work at or adjacent to the Site with Owner’s employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. D. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 8, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work. 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. an itemization of the specific matters to be covered by such authority and responsibility; and 3. the extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner’s employees, any other contractor working for Owner, or any utility owner for whom the Owner is responsible causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 47 / 73 adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set‐off against payments due to Contractor, and assign to such other contractor or utility owner the Owner’s contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph. C. When Owner is performing other work at or adjacent to the Site with Owner’s employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or interference, Owner may impose a set‐off against payments due to Contractor. D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9 – OWNER’S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer’s status under the Contract Documents shall be that of the former Engineer. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 48 / 73 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner’s duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner’s duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner’s responsibilities with respect to Change Orders are set forth in Article 11. 9.08 Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 9.09 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents (including obligations under proposed changes in the Work). 9.12 Safety Programs A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 49 / 73 B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract. 10.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer’s consultant, agent, or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 10.04 Rejecting Defective Work A. Engineer has the authority to reject Work in accordance with Article 14. 10.05 Shop Drawings, Change Orders and Payments A. Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 50 / 73 B. Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19. C. Engineer’s authority as to Change Orders is set forth in Article 11. D. Engineer’s authority as to Applications for Payment is set forth in Article 15. 10.06 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.08 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, if any. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 51 / 73 10.09 Compliance with Safety Program A. While at the Site, Engineer’s employees and representatives will comply with the specific applicable requirements of Owner’s and Contractor’s safety programs (if any) of which Engineer has been informed. ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing Contract Documents A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. 1. Change Orders: a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times. b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order. 2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive. 3. Field Orders: Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.02 Owner‐Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such changes shall be supported by Engineer’s recommendation, to the extent the change EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 52 / 73 involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05. 11.04 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.04.C). C. Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s fee shall be 15 percent; b. for costs incurred under Paragraph 13.01.B.3, the Contractor’s fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.04.C.2.a and EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 53 / 73 11.04.C.2.b is that the Contractor’s fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive. 11.05 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12. B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor’s progress. 11.06 Change Proposals A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set‐off against payment due; or seek other relief under the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. 1. Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. 2. Engineer’s Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor’s supporting data, either deny the Change Proposal in whole, EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 54 / 73 approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 3. Binding Decision: Engineer’s decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. 11.07 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. changes in Contract Price resulting from an Owner set‐off, unless Contractor has duly contested such set‐off; 3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and 4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12. B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed. 11.08 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 55 / 73 ARTICLE 12 – CLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article: 1. Appeals by Owner or Contractor of Engineer’s decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor’s knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation: 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one‐half of the mediator’s fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 56 / 73 the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost‐plus‐fee, time‐and‐materials, or other cost‐based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set‐off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 57 / 73 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 58 / 73 i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B. D. Contractor’s Fee: When the Work as a whole is performed on the basis of cost‐plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order, Change Proposal, Claim, set‐off, or other adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 11.04.C. E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 59 / 73 C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 13.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of the following paragraph. E. Within 30 days of Engineer’s written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price, and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 14 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 60 / 73 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor’s expense unless Contractor had given Engineer timely notice of Contractor’s intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective. B. Engineer’s Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 61 / 73 C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set‐off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer’s confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set‐off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer’s observation, and then replace the covering, all at Contractor’s expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 62 / 73 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable set‐off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set‐ offs against payments due under Article 15. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 14.07. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 63 / 73 ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET‐OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost‐based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens, and evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 64 / 73 Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set‐offs) necessary in Engineer’s opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 65 / 73 D. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set‐offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner: 1. In addition to any reductions in payment (set‐offs) recommended by Engineer, Owner is entitled to impose a set‐off against payment based on any of the following: a. claims have been made against Owner on account of Contractor’s conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non‐compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. the Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. the Contract Price has been reduced by Change Orders; i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred; j. liquidated damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; l. there are other items entitling Owner to a set off against the amount recommended. 2. If Owner imposes any set‐off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 66 / 73 imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement. 15.02 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. 15.03 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner’s objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the Work. E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 67 / 73 may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions: 1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work. 2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder’s risk or other property insurance. 15.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 68 / 73 inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. d. a list of all disputes that Contractor believes are unsettled; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. Engineer’s Review of Application and Acceptance: 1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set‐offs against payment that are necessary in Engineer’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer’s written recommendation of final payment. D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 69 / 73 (less any further sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to set‐offs for liquidated damages and set‐offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor. 15.07 Waiver of Claims A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor’s failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor’s continuing obligations under the Contract Documents. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17. 15.08 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1. correct the defective repairs to the Site or such other adjacent areas; 2. correct such defective Work; 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 70 / 73 respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 16 – SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor’s repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 71 / 73 losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D. 16.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 72 / 73 Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph. ARTICLE 17 – FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and 2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18 – MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice. 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00700 – 73 / 73 them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party’s non‐enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC® C-800 (Rev. 1), Guide to the Preparation of Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00800 – 1 / 12 SECTION 00-800 TABLE OF CONTENTS Page NOTE REGARDING THESE SUPPLEMENTARY CONDITIONS: .......................................................................... 2 ARTICLE 2 – PRELIMINARY MATTERS ............................................................................................................ 2 SC- 2.01 Delivery of Bonds and Evidence of Insurance......................................................................... 2 SC- 2.02 Copies of Documents .............................................................................................................. 2 ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK .................................................................. 2 SC- 4.01 Commencement of Contract Times; Notice to Proceed ............................................... 2 ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS .................................................................................................................... 3 SC- 5.03 Subsurface and Physical Conditions .............................................................................. 3 SC- 5.06 Hazardous Environmental Conditions ............................................................................... 3 ARTICLE 6 – BONDS AND INSURANCE ........................................................................................................... 3 SC- 6.02 Insurance—General Provisions ......................................................................................... 3 SC- 6.03 Contractor’s Insurance ...................................................................................................... 3 SC- 6.05 Property Insurance ............................................................................................................ 5 ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES ............................................................................................ 5 SC- 7.02 Labor; Working Hours ....................................................................................................... 5 SC- 7.09 Taxes ................................................................................................................................. 6 SC- 7.12 Safety and Protection ........................................................................................................ 6 ARTICLE 8 – OTHER WORK AT THE SITE ........................................................................................................ 6 SC- 8.02 Coordination ..................................................................................................................... 6 ARTICLE 9 – OWNER’S RESPONSIBILITIES ..................................................................................................... 6 SC- 9.13 Owner’s Site Representative ............................................................................................. 6 ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION ....................................................................... 7 SC- 10.01 Owner’s Representative .................................................................................................... 7 SC- 10.03 Project Representative ...................................................................................................... 7 ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ...................................................... 10 SC- 13.01 Cost of the Work ......................................................................................................... 10 SC- 13.03 Unit Price Work ........................................................................................................... 10 ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD .................. 11 SC- 15.01 Progress Payments ...................................................................................................... 11 SC- 15.03 Substantial Completion ............................................................................................... 11 ARTICLE 17 – FINAL RESOLUTION OF DISPUTES ......................................................................................... 11 EJCDC® C-800 (Rev. 1), Guide to the Preparation of Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00800 – 2 / 12 NOTE REGARDING THESE SUPPLEMENTARY CONDITIONS: These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC® C-700 (2013 Edition). All provisions that are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. ARTICLE 2 – PRELIMINARY MATTERS SC-2.01 Delivery of Bonds and Evidence of Insurance SC-2.01 Delete Paragraphs 2.01 B. in their entirety and insert the following in their place: B. Evidence of Contractor’s Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner copies of the policies of insurance (including all endorsements, and identification of applicable self-insured retentions and deductibles) required to be provided by Contractor in Article 6. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. SC-2.02 Copies of Documents SC-2.02.A. Amend the first sentence of Paragraph 2.02.A. to read as follows: Owner shall furnish to Contractor [_one (1)___] copies of the Contract Documents (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). SC-2.02.B. Add the following to the end of the Paragraph: Owner may choose to retain such original in an electronic format acceptable for records retention purposes under Florida law in a database managed by the City Clerk’s office and accessible to Owner’s personnel. ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK SC-4.01 Commencement of Contract Times; Notice to Proceed SC-4.01 Add the following to the last sentence in Paragraph A: unless agreed to in writing between the Owner and Contractor. EJCDC® C-800 (Rev. 1), Guide to the Preparation of Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00800 – 3 / 12 ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 Subsurface and Physical Conditions SC-5.03 Add the following new paragraphs immediately after Paragraph 5.03.B: C. The following reports of explorations and tests of subsurface conditions at or adjacent to the Site are known to Owner. Copies of these reports are provided in Section 00-999 Copies of Permits, Reports, and Technical Data. 1. N/A – No such reports known. SC-5.06 Hazardous Environmental Conditions SC-5.06 Add the following new subparagraphs immediately after Paragraph 5.06.A.2: A.3 The following reports regarding Hazardous Environmental Conditions at the Site are known to Owner. The best available copy of these reports in the Owner’s possession will be made available upon specific request. a. N/A – No such reports known. ARTICLE 6 – BONDS AND INSURANCE SC-6.02 Insurance—General Provisions SC-6.02.B Add the following paragraph immediately after Paragraph 6.02.B: 1. Contractor may obtain worker’s compensation insurance from an insurance company that has not been rated by A.M. Best, provided that such company (a) is domiciled in the state in which the project is located, (b) is certified or authorized as a worker’s compensation insurance provider by the appropriate state agency, and (c) has been accepted to provide worker’s compensation insurance for similar projects by the state within the last 12 months. SC-6.02.F Add the following paragraph immediately after Paragraph 6.02.F: 1. Contractor must provide written notice to Owner no less than 30 days prior to a change in any insurance coverage required under this Contract or any renewal of such. SC-6.03 Contractor’s Insurance SC 6.03 Add the following new paragraph immediately after Paragraph 6.03.J: K. The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers’ Compensation, and related coverages under Paragraphs 6.03.A.1 and A.2 of the General Conditions: State: Statutory (e.g. F.S. 440) EJCDC® C-800 (Rev. 1), Guide to the Preparation of Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00800 – 4 / 12 Federal, if applicable (e.g., Longshoreman’s): Statutory 2. Contractor’s Commercial General Liability under Paragraphs 6.03.B and 6.03.C of the General Conditions: Annual General Aggregate $ $5,000,000 Each Occurrence (Bodily Injury and Property Damage) $ $1,000,000 The aggregate limits under SC-6.03.K.2 (Commercial General Liability)are required to be maintained fully available for this Contract by obtaining and maintaining a Designated Construction Project General Aggregate Limit endorsement, or equivalent. 3. Automobile Liability under Paragraph 6.03.D. of the General Conditions: Bodily Injury: Each person $ N/A Each accident $ N/A Property Damage: Each accident $ N/A [or] Combined Single Limit of $ $500,000 4. Excess or Umbrella Liability: - N/A 5. Contractor’s Pollution Liability: Each Occurrence $ General Aggregate $ If box is checked, Contractor is NOT required to provide Contractor’s Pollution Liability insurance under this Contract If box is checked, Contractor is permitted to purchase a combined Pollution & Professional Services Liability policy with the total limit stated in Paragraph 7. (Contractor’s Professional Liability). 6. Additional Insureds: In addition to Owner and Engineer, include as additional insureds the following: a. Owner: City of Edgewater b. Engineer: ______________ 7. Contractor’s Professional Liability: Each Claim $ $1,000,000 EJCDC® C-800 (Rev. 1), Guide to the Preparation of Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00800 – 5 / 12 Annual Aggregate $ SC-6.05 Property Insurance SC-6.05.A.1 Add the following new subparagraph after subparagraph 6.05.A.1: a. In addition to Owner, Contractor, and all Subcontractors, include as insureds the following: 1) Owner: City of Edgewater 2) Engineer: ________________ ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES SC-7.02 Labor; Working Hours SC-7.02.B. Add the following new subparagraphs immediately after Paragraph 7.02.B: 1. Regular working hours will be 7:00 AM to 5:00 PM 2. Owner's legal holidays are the dates where the following are observed in any given year: a. New Year’s Day b. Martin Luther King, Jr. Day c. President’s Day d. Memorial Day e. Independence Day f. Labor Day g. Thanksgiving Day h. Friday after Thanksgiving Day i. Christmas Eve j. Christmas Day k. New Year’s Eve SC-7.02.C. Add the following new paragraph immediately after Paragraph 7.02.B: Contractor shall be responsible for the cost of any overtime pay or other expense incurred by the Owner for Engineer’s services (including those of the Resident Project Representative, if any), Owner's representative, and construction observation services, occasioned by the performance of Work on Saturday, Sunday, any legal holiday, or as overtime on any regular work day. If Contractor is responsible but does not pay, or if the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under Article 15. EJCDC® C-800 (Rev. 1), Guide to the Preparation of Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00800 – 6 / 12 SC-7.09 Taxes SC 7.09 Add a new paragraph immediately after Paragraph 7.09.A: B. Owner is exempt from payment of sales and compensating use taxes of the State of Florida and of cities and counties thereof on all materials to be incorporated into the Work which are purchased directly by Owner. 1. Owner intends to realize a tax savings by purchasing the following materials directly which are to be incorporated into the Work: a. N/A - No Owner Direct Purchase is proposed for this Project. 2. Owner will furnish the required certificates of tax exemption to Contractor for use in the purchase of supplies and materials to be incorporated into the Work. 3. Owner’s exemption does not apply to construction tools, machinery, equipment, or other property purchased by or leased by Contractor, or to supplies or materials not incorporated into the Work. SC-7.12 Safety and Protection SC-7.12 Insert the following after the second sentence of Paragraph 7.12.C: Contractor shall abide by all best management practices typical of their trade for the various environments which can be reasonably expected to encounter. Requirements promulgated by the Occupational Safety and Health Administration (OSHA) should be considered the basis of safety in the absence of any site specific requirements. ARTICLE 8 – OTHER WORK AT THE SITE SC-8.02 Coordination SC-8.02 Delete Paragraph 8.02.A in its entirety and replace with the following: A. Owner does not anticipate contracting with others for the performance of other work at or adjacent to the Site. However, such need may arise during the course of this contract. If such occurs, Owner will inform Contractor in writing of the following: ARTICLE 9 – OWNER’S RESPONSIBILITIES SC-9.13 Owner’s Site Representative SC-9.13 Add the following new paragraph immediately after Paragraph 9.12 of the General Conditions: SC-9.13 Owner will furnish an “Owner’s Site Representative” to represent Owner at the Site and assist Owner in observing the progress and quality of the Work. The Owner’s Site Representative is not Engineer’s consultant, agent, or employee. A. Owner’s Site Representative will be as stated in Article 3 of the Agreement, or will be announced to Contractor and Engineer shortly after Owner enters into a contract with an individual or firm for Owner’s Representative services. EJCDC® C-800 (Rev. 1), Guide to the Preparation of Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00800 – 7 / 12 B. The authority and responsibilities of Owner’s Site Representative shall generally encompass all the duties and limitations of the Resident Project Representative described in Paragraph 10.03 and vice versa. C. In those cases where the individual or firm of the Resident Project Representative is distinct from the individual or firm of the Engineer of Record, Owner’s Representative shall be primarily a duly licensed Professional Engineer assigned to the construction phase of the Project who may assign Project Representative duties to personnel in his/her charge. D. If a duly licensed Professional Engineer is not assigned to the construction phase of the Project, the City Engineer shall assume this role until such time as another Professional Engineer is assigned. ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION SC-10.01 Owner’s Representative SC-10.01 Add the following text at the beginning of subparagraph A.: A. Unless otherwise stated in Article 3 of the Agreement, SC-10.03 Project Representative SC-10.03 Add the following new paragraphs immediately after Paragraph 10.03.A: B. The Resident Project Representative (RPR) will be Engineer's representative at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. 1. General: RPR's dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner only with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and Schedule of Values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer’s liaison with Contractor. Working principally through Contractor’s authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents. b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-Site operations. EJCDC® C-800 (Rev. 1), Guide to the Preparation of Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00800 – 8 / 12 c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and Contractor-approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor’s suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR’s recommendations, if any, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on-Site observations of Contractor’s work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor’s work in progress is defective, will not produce a completed Project that conforms generally to the Contract Documents, or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Start-ups: a. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner’s personnel, and that Contractor maintains adequate records thereof. b. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. 10. Records: a. Prepare a daily report or keep a diary or log book, recording Contractor’s hours on the Site, Subcontractors present at the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, deliveries of equipment or materials, daily activities, decisions, observations in EJCDC® C-800 (Rev. 1), Guide to the Preparation of Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00800 – 9 / 12 general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. b. Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. c. Maintain records for use in preparing Project documentation. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor’s compliance with the Progress Schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, force majeure or delay events, damage to property by fire or other causes, or the discovery of any Constituent of Concern or Hazardous Environmental Condition. 12. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the Schedule of Values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Participate in Engineer’s visits to the Site to determine Substantial Completion, assist in the determination of Substantial Completion and the preparation of a punch list of items to be completed or corrected. b. Participate in Engineer’s final visit to the Site to determine completion of the Work, in the company of Owner and Contractor, and prepare a final punch list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the notice of acceptability of the work. C. The RPR shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items). EJCDC® C-800 (Rev. 1), Guide to the Preparation of Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00800 – 10 / 12 2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor’s work. 5. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK SC-13.01 Cost of the Work SC 13.01.B.5.c Delete Paragraph 13.01.B.5.c in its entirety and insert the following in its place: c. Construction Equipment and Machinery: 1) Rentals of all construction equipment and machinery, and the parts thereof, in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 2) Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such equipment in the Federal Emergency Management Agency (FEMA) Schedule of Equipment Rates, latest edition. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. Costs will include the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, shall cease to accrue when the use thereof is no longer necessary for the changed Work. Equipment or machinery with a value of less than $1,000 will be considered small tools. SC-13.03 Unit Price Work SC 13.03.E Delete Paragraph 13.03.E in its entirety and insert the following in its place: EJCDC® C-800 (Rev. 1), Guide to the Preparation of Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00800 – 11 / 12 E. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 1. if the extended price of a particular item of Unit Price Work amounts to _ten (10%)__ percent or more of the Contract Price (based on estimated quantities at the time of Contract formation) and the variation in the quantity of that particular item of Unit Price Work actually furnished or performed by Contractor differs by more than _twenty-five (25%)__ percent from the estimated quantity of such item indicated in the Agreement; and 2. if there is no corresponding adjustment with respect to any other item of Work; and 3. if Contractor believes that Contractor has incurred additional expense as a result thereof, Contractor may submit a Change Proposal, or if Owner believes that the quantity variation entitles Owner to an adjustment in the unit price, Owner may make a Claim, seeking an adjustment in the Contract Price. ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD SC-15.01 Progress Payments SC 15.01.D Add the following text to the last sentence of subparagraph 1: in compliance with the Florida Local Government Prompt Payment Act (Chapter 218, Florida Statutes). SC-15.03 Substantial Completion SC 15.03.B Add the following new subparagraph to Paragraph 15.03.B: 1. If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re-inspection or re-testing by Engineer, the cost of such re-inspection or re-testing, including the cost of time, travel and living expenses, shall be paid by Contractor to Owner. If Contractor does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under Article 15. ARTICLE 17 – FINAL RESOLUTION OF DISPUTES SC-17.02 Add the following new paragraph immediately after Paragraph 17.01. SC-17.02 Additional Dispute Resolution Instructions: A. Venue: In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Seventh Judicial Circuit in and for Volusia County, Florida, for claims under state law and the Middle District of Florida for any claims which are justiciable in federal court. B. Attorneys’ Fees: In the event any suit or other legal proceeding is brought for the enforcement of any of the provisions of this Contract, the Parties hereto agree that the prevailing party or Parties shall be entitled to recover from the other party or Parties upon final judgment on the merits reasonable attorney’s fees, including attorneys' fees for any appeal, and costs incurred in bringing such suit or proceeding. EJCDC® C-800 (Rev. 1), Guide to the Preparation of Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00800 – 12 / 12 C. Waiver of Jury Trial: EACH PARTY HEREBY WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY JURISDICTION IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO RESOLVE ANY DISPUTE AMONG THE PARTIES UNDER THIS CONTRACT, WHETHER IN CONTRACT, TORT OR OTHERWISE. [THIS PAGE INTENTIONALLY LEFT BLANK] 00805 - 1 / 6 SECTION 00-805 CONTRACTORS STANDARD INSURANCE REQUIREMENTS AND INDEMNIFICATION CLAUSE NOTE: The contents of this Section generally serve as a restatement for convenience of those requirements in Article 6 of the General Conditions (Section 00-700) and the Supplementary Conditions (Section 00-800) plus additional specific requirements. In the case of a direct and explicit conflict in terms and requirements, the provisions in the General Conditions and Supplementary Conditions shall apply. I. INSURANCE A. Prior to commencing work, the Contractor shall provide at his own cost and expense insurance to the City of EDGEWATER as required below. The insurance companies must be licensed in the State of Florida and be rated by A.M. Best as A: Class VII or better. The required insurance shall be evidenced by certificates and/or policies as determined by the City. All policies and certificates of insurance shall be approved by the City prior to inception of any work. B. It is required that each Certificate of Insurance and/or policy must give 30 days prior written notice of cancellation, renewal, non-renewal or adverse change to the City of EDGEWATER Finance Department by registered mail, return receipt requested. All such notices shall name the Contractor and identify the contract number. C. The "City of EDGEWATER," wherever used, shall be defined to include the City itself, elected officials, officers, employees, volunteers, representatives, agents and any affiliates. D. The "Contractor," wherever used, shall be defined to include the Contractor, any subsidiaries or affiliates, officers, employees, volunteers, representatives, agents, contractors and subcontractors. E. If at any time any of the required policies shall be or shall become unsatisfactory to the City as to form or substance, or if the insurance company becomes unsatisfactory to the City, the Contractor shall, upon written notice to that effect from the City, promptly obtain a new policy, submit the policy to the City for approval, and submit the Certificate of Insurance, as previously required. F. If at any time the Contractor shall fail to furnish and/or maintain the required insurance, this contract may be declared suspended, discontinued or terminated, at the discretion of the City. Failure of the Contractor to take out and/or maintain any of the required insurances shall not relieve the Contractor from any liability under the contract, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Contractor concerning indemnification. 00805 - 2 / 6 G. The Contractor is required to provide new Certificates of Insurance to the City at least 20 days prior to the coverage renewal dates. If any of the insurance requirements are not complied with at their renewal dates, the City may at their option, (1) withhold payments to the Contractor until those requirements have been met or, (2) pay the renewal premium and withhold such payments from any monies due the Contractor. H. In the event of any claims having been filed due to any operation under this contract that are in excess of the insured amounts, the excess amount of such claim, or any portion thereof, may be withheld from payments due the Contractor until such time as the Contractor shall furnish such additional security covering such claims as may be determined by the City of EDGEWATER I. The Contractor shall provide the following insurance on forms no more restrictive than the latest edition of those filed by the Insurance Services Office, and name the "City of EDGEWATER" as an Insured to the extent of the City's interests. II. LIABILITY INSURANCE A. WORKERS' COMPENSATION - STATUTORY - in compliance with the Workers' Compensation law of the State of Florida including employers liability coverage of at least $100,000. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen and Harbor Workers Acts and Jones Act. B. COMMERCIAL GENERAL LIABILITY - with minimum limits of: 1. $5,000,000 Annual General Aggregate 2. $1,000,000 Products - Completed Operations Aggregate 3. $1,000,000 Personal and Advertising Injury 4. $1,000,000 Each Occurrence C. BUSINESS AUTOMOBILE LIABILITY - with minimum limits of $500,000 per occurrence combined single limit. This insurance shall include for bodily injury and property damages the following coverages: 1. Owned Automobiles 2. Hired Automobiles 3. Non-owned Automobiles 4. Employee Non-ownership NOTE: The required limits of liability for the above policies may include umbrella insurance with the umbrella policy making up the difference between the policy limits of the underlying policies and the total amount of coverage required. Such Umbrella Liability insurance shall be a "follow form" and be at least as broad as the underlying policies. 00805 - 3 / 6 III. PROPERTY INSURANCE A. When this contract includes construction of and/or additions to above-ground buildings or structures, Builder's Risk and/or Installation Floater policies must be provided as follows: 1. BUILDER'S RISK - "All risk" form in the amount of 100% of the completed value of such addition, building or structure to include personal property of others in the care, custody or control of the Contractor, and shall include a flat-premium endorsement. 2. Maximum Deductible - $10,000 each claim 3. Certified Copy of the policy must be provided to the City prior to the commencement of work. 4. Waiver of Occupancy Clause or Warranty - to provide that the Builder's Risk coverage will continue to apply until final acceptance by the City of the building or addition, regardless of any prior occupancy. 5. Flood Insurance must be provided when buildings or structures are located within an identified special flood hazard area. The Flood Insurance must protect the interest of the City and be in the amount of the total insurable value of such building or structure, or the maximum amount of flood insurance coverage available under the National Flood program, whichever is the lesser. 6. For additions or repairs of existing buildings or structures, the "Builder's Risk Completed Form" covering the Contractor's interest in improvements, repairs, additions, or alterations to completed buildings, shall be included. 7. Bridges, Viaducts or similar structures - the "Bridge Builders Risk Form" - "All risk" contract with the flat-premium endorsement should be utilized. B. INSTALLATION FLOATER - when the contract is for the installation of machinery and/or equipment into an existing structure, but does not contemplate construction of or addition to the structure itself. 1. "All Risk" coverage to include transit and installation. 2. Amount of Insurance - 100% of installed replacement cost value 3. Maximum Deductible - $10,000 each claim. 00805 - 4 / 6 4. Cessation of Insurance - Coverage is to continue in force until final acceptance by the City. 5. Certified Copy of the policy must be provided to the City prior to commencement of work. 6. Flood Insurance must be provided when machinery or equipment are located within an identified special flood hazard area. The Flood Insurance must protect the interest of the City and be in the amount of the total insurable value of such machinery or equipment. IV. CERTIFICATE OF INSURANCE CLAUSES A. All policies and Certificates of Insurance of the Contractor shall contain the following clauses and agreements: 1. Insurers shall have no right of recovery or subrogation against the City of EDGEWATER, it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. 2. The clause "other insurance" in a policy in which the City of EDGEWATER is named as an Insured shall not apply to the City of EDGEWATER. 3. The insurance companies issuing the policies shall have no recourse against the City of EDGEWATER for payment of any premiums or for assessments under any policy for insurance. 4. Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of the Contractor. 5. Any loss payable under the Property Insurance, if any, is to be adjusted with and made payable to the City of EDGEWATER, as their interest may appear. V. CITY INDEMNIFICATION A. The following Indemnification Agreement shall be a provision of this contract and also shall be endorsed onto or attached to the insurance policy and Certificate of Insurance: 1. "The Contractor agrees to protect, defend and pay on behalf of, and hold the City of EDGEWATER and its elected officials, officers, employees, volunteers, representatives, agents and affiliates free and harmless from and against all claims for personal or bodily injury or death, or property damage or destruction of tangible property including loss of use thereof, losses, penalties, damages, settlements, costs, charges, professional fees or other 00805 - 5 / 6 expenses of every kind and character in connection with and arising directly or indirectly out of this agreement and/or performance thereof, unless such claims are a result of the City of EDGEWATER sole negligence. This indemnification clause includes claims made by the employees and subcontractors of the Contractor against the Owner and the Contractor hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. Nothing contained herein shall be construed as a waiver of any immunity from or a limitation of liability the City may have under the doctrine of sovereign immunity or Chapter 768.28, Fla. Stat. This indemnification provision shall survive the completion of the project and shall be in full force and effect beyond the completion of the project or the termination of this contract. VI. ENGINEER INDEMNIFICATION A. The Contractor agrees to protect, defend and pay on behalf of, and hold the ENGINEER and its officers, employees, and affiliates free and harmless from and against all claims for personal or bodily injury or death, or property damage or destruction of tangible property including loss of use thereof, losses, penalties, damages, settlements, costs, charges, professional fees or other expenses of every kind and character in connection with and arising directly or indirectly out of this agreement and/or performance thereof, unless such claims are a result of the ENGINEER’S sole negligence. This indemnification clause includes claims made by the employees and subcontractors of the Contractor against the ENGINEER. This indemnification provision shall survive the completion of the project and shall be in full force and effect beyond the completion of the project or the termination of this contract. B. The Contractor shall be responsible for such requirements through the date of final acceptance of the project by the City. With regard to the Contractor’s indemnification obligation for products and completed operations, the Contractor shall be responsible for a minimum period of at least one year subsequent to the City’s acceptance of the product or completed operation. 00805 - 6 / 6 INSURANCE REQUIREMENTS CHECKLIST CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA Items marked "X" must be provided X General Liability Minimum Limits Required X Commercial General Liability $ 5,000,000 Annual General Aggregate X Occurrence Form $ 1,000,000 Product/Completed Operations Agg. $ 1,000,000 Personal & Advertising Injury $ 1,000,000 Each Occurrence $ X Automobile Liability Owned, Hired & Non-Owned $ 500,000 Combined Single Limit per Occurrence X Worker's Compensation and Statutory Employer's Liability $ N/A Each Accident $ N/A Disease - Policy Limit $ N/A Disease - Each Employee X Combined Pollution and Professional Liability - Errors & Omissions Coverage $ 1,000,000 Each Claim (*To be completed by Bidder) * Deductible: $ $ Aggregate * Claims Made (Y/N): $ Each Claim *Occurrence (Y/N): *Defense included in Limits (Y/N): X Builder's Risk/Installation Floater (*To be completed by Bidder) * Flood included $ Limit $ 100% of Completed or Installed Value, * All-Risk Form * Transportation included $ Limit * Storage included $ Limit City must be a named insured. Copy of policy will be required. Other $ $ X The Certificate of Insurance must show "The City of EDGEWATER, elected officials and employees" as an additional insured. X Certificates must give to the City of EDGEWATER 30 days' prior written notice of cancellation, non-renewal, or adverse change. X Certificates must identify bid number and bid title. END OF SECTION 00810 - 1 / 1 SECTION 00-810 CERTIFICATE OF INSURANCE FOR PUBLIC LIABILITY AND PROPERTY DAMAGE Owner: City of Edgewater Contract Name: “Tatum Boulevard to Elizabeth Street Water Main” Contract Name: 20-ES-002 This is to certify Company has issued to , of the City of , State of , the following policy or policies: Public Liability Policy No. , limits , effective on , 20 and expiring on , 20 . Property Damage Policy No. , limits , effective on , 20 and expiring on , 20 . If at any time this coverage is to be canceled, the undersigned will notify the insured and City of Edgewater, Attn: Finance Dept., P.O. Box 100, Edgewater, FL 32132, in writing thirty (30) days prior to cancellation of the policy. (This certificate must be made by a duly authorized official of the Insurance Company carrying the risk, or a separate certificate of similar context executed on Insurance Company's Standard Form may be attached hereto.) END OF SECTION 00815 - 1 / 1 SECTION 00-815 CERTIFICATE OF INSURANCE FOR WORKMEN'S COMPENSATION Owner: City of Edgewater Contract Name: “Tatum Boulevard to Elizabeth Street Water Main” Contract Name: 20-ES-002 This is to certify that , Company has issued to , of the City of , State of , the following policy or policies: Workmen's Compensation Policy No. , limits , effective on _____________, 20 and expiring on 20___. Employer's Liability Policy No. , limits , effective on _____________, 20 and expiring on 20___. If at any time this coverage is to be canceled, the undersigned will notify the insured and City of Edgewater, Attn: Finance Dept., P.O. Box 100, Edgewater, FL 32132, in writing thirty (30) days prior to cancellation of policy. (This certificate must be made by a duly authorized official of the Insurance Company carrying the risk, or a separate certificate of similar context executed on Insurance Company's Standard Form may be attached hereto.) END OF SECTION SECTION 00-940 EJCDC® C-940, Work Change Directive. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. 00940 – 1 / 1 Work Change Directive No. Date of Issuance: Effective Date: Owner: City of Edgewater Owner’s Contract No.: 20-ES-002 Contractor: Contractor’s Project No.: Engineer: Engineer's Project No.: Project: Tatum Boulevard to Elizabeth Street Water Main Contract Name: Contractor is directed to proceed promptly with the following change(s): Description: Attachments: [List documents supporting change] Purpose for Work Change Directive: Directive to proceed promptly with the Work described herein, prior to agreeing to changes on Contract Price and Contract Time, is issued due to: [check one or both of the following] Non-agreement on pricing of proposed change. Necessity to proceed for schedule or other Project reasons. Estimated Change in Contract Price and Contract Times (non-binding, preliminary): Contract Price $ [increase] [decrease]. Contract Time days [increase] [decrease]. Basis of estimated change in Contract Price: Lump Sum Unit Price Cost of the Work Other RECOMMENDED: AUTHORIZED BY: RECEIVED: By: By: By: Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature) Title: Title: Title: Date: Date: Date: Approved by Funding Agency (if applicable) By: Date: Title: SECTION 00-941 EJCDC® C-941, Change Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. 00941 – 1 / 1 Change Order No. Date of Issuance: Effective Date: Owner: City of Edgewater Owner's Contract No.: 20-ES-002 Contractor: Contractor’s Project No.: Engineer: Engineer's Project No.: Project: Tatum Boulevard to Elizabeth Street Water Main Contract Name: The Contract is modified as follows upon execution of this Change Order: Description: Attachments: [List documents supporting change] CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES [note changes in Milestones if applicable] Original Contract Price: Original Contract Times: Substantial Completion: $ Ready for Final Payment: days or dates [Increase] [Decrease] from previously approved Change Orders No. to No. : [Increase] [Decrease] from previously approved Change Orders No. to No. : Substantial Completion: $ Ready for Final Payment: days Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for Final Payment: days or dates [Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order: Substantial Completion: $ Ready for Final Payment: days or dates Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: $ Ready for Final Payment: days or dates RECOMMENDED: ACCEPTED: ACCEPTED: By: By: By: Engineer (if required) Owner (Authorized Signature) Contractor (Authorized Signature) Title: Title Title Date: Date Date Approved by Funding Agency (if applicable) By: Date: Title: SECTION 00-942 EJCDC® C-942, Field Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. 00942 – 1 / 1 Field Order No. Date of Issuance: Effective Date: Owner: City of Edgewater Owner’s Contract No.: 20-ES-002 Contractor: Contractor’s Project No.: Engineer: Engineer's Project No.: Project: Tatum Boulevard to Elizabeth Street Water Main Contract Name: Contractor is hereby directed to promptly execute this Field Order, issued in accordance with General Conditions Paragraph 11.01, for minor changes in the Work without changes in Contract Price or Contract Times. If Contractor considers that a change in Contract Price or Contract Times is required, submit a Change Proposal before proceeding with this Work. Reference: Specification(s) Drawing(s) / Detail(s) Description: Attachments: ISSUED: RECEIVED: By: By: Engineer (Authorized Signature) Contractor (Authorized Signature) Title: Title: Date: Date: Copy to: Owner 00999 Table of Contents– 1 / 1 SECTION 00-999 COPIES OF PERMITS, REPORTS, & TECHNICAL DATA TABLE OF CONTENTS Document # Title / Description Num. Pages Start Page # 1 Volusia County Right-of-Way Use Permit – PENDING TBD 2 Volusia County Health Department PWS Construction Permit – PENDING TBD *Contractor shall abide by conditions of the above permits upon issuance 01000 - 1 / 9 SECTION 01-000 PROJECT REQUIREMENTS PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: The Work to be done consists of the furnishing of all labor, materials and equipment, and the performance of all Work included in this Contract. The summary of the Work is presented in Article 1 of the Contract Agreement (Section 00-520) with estimated quantities appears in the Schedule of Values (Unit Prices) (Section 00-415). B. Work Included: 1. The Contractor shall furnish all labor, superintendence, materials, plant power, light, heat, fuel, water, tools, appliances, equipment, supplies, and means of construction necessary for proper performance and completion of the Work. The Contractor shall obtain and pay for all necessary local building permits. The Contractor shall perform and complete the work in the manner best calculated to promote rapid construction consistent with safety of life and property and to the satisfaction of the Engineer, and in strict accordance with the Contract Documents. The Contractor shall clean up the Work and maintain it during and after construction, until accepted, and shall do all Work and pay all costs incidental thereto. He shall repair or restore all structures and property that may be damaged or disturbed during performance of the Work. 2. The cost of incidental work described in these Project Requirements, for which there are no specific Contract Items, shall be considered as part of the general cost of doing the Work and shall be included in the prices for the various Contract Items. No additional payment will be made therefore. 3. The Contractor shall provide and maintain such modern plant, tools, and equipment as may be necessary, in the opinion of the Engineer, to perform in a satisfactory and acceptable manner all the Work required by this Contract. Only equipment of established reputation and proven efficiency shall be used. The Contractor shall be solely responsible for the adequacy of his workmanship, materials, and equipment, prior approval of the Engineer notwithstanding. 01000 - 2 / 9 C. Public Utility Installations and Structures: 1. Public utility installations and structures shall be understood to include all poles, tracks, pipes, wires, conduits, vaults, manholes, and all other appurtenances and facilities pertaining thereto whether owned or controlled by the Owner, other governmental bodies, or privately owned by individuals, firms, or corporations, used to serve the public with transportation, traffic control, gas, electricity, telephone, sewerage, drainage, water, or other public or private property which may be affected by the Work shall be deemed included hereunder. 2. The Contract Documents contain data relative to existing public utility installations and structures above and below the ground surface. These data are not guaranteed as to their completeness or accuracy and it is the responsibility of the Contractor to make his own investigations to inform himself fully of the character, condition, and extent of all such installations and structures as may be encountered and as may affect the construction operations. 3. The Contractor shall protect all public utility installations and structures from damage during the Work. Access across any buried public utility installation or structure shall be made to avoid any damage to these facilities. All required protective devices and construction shall be provided by the Contractor at his expense. All existing public utilities damaged by the Contractor shall be repaired by the Contractor, at his expense. No separate payment shall be made for such protection or repairs to public utility installations or structures. 4. Public utility installations or structures owned or controlled by the Owner or other governmental body which are shown on the Drawings to be removed, relocated, replaced, or rebuilt by the Contractor shall be considered as a part of the general cost of doing the Work and shall be included in the prices bid for the various Contract Items; therefore, no separate payment shall be made. 5. Where public utility installations of structures owned or controlled by the Owner or other governmental body are encountered during the course of the Work, and are not indicated on the Drawings or in the Specifications, and when, in the opinion of the Engineer, removal, relocation, replacement, or rebuilding is necessary to complete the Work under this Contract, such Work shall be accomplished by the utility having jurisdiction, or such Work may be ordered, in writing by the Engineer, for the Contractor to accomplish. If such work is accomplished by the utility having jurisdiction it will be carried out expeditiously, and the Contractor shall give full cooperation to permit the utility to complete the removal, relocation, replacement, or rebuilding as required. If such work is accomplished by the Contractor, it will be paid for as extra work as provided in the Agreement. 01000 - 3 / 9 6. The Contractor shall, at all times in performance of the Work, employ acceptable methods and exercise reasonable care and skill so as to avoid unnecessary delay, injury, damage, or destruction of public utility installations and structures; and shall, at all times in the performance of the Work, avoid unnecessary interference with, or interruption of, public utility services, and shall cooperate fully with the owners thereof to that end. 7. The Contractor shall give written notice to Owner and other governmental utility departments and other owners of public utilities of the location of his proposed construction operations, at least 48-hours in advance of breaking ground in any area or on any unit of the Work. 8. The maintenance, repair, removal, relocation, or rebuilding of public utility installations and structures, when accomplished by the Contractor as herein provided, shall be done by methods approved by the owners of such utilities. 1.02 DRAWINGS AND PROJECT MANUAL A. Drawings: When obtaining data and information from the Drawings, figures shall be used in preference to scaled dimensions, and large-scale drawings in preference to small-scale drawings. B. Supplementary Drawings: 1. When, in the opinion of the Engineer, it becomes necessary to explain more fully the Work to be done or to illustrate the Work further or to show any changes which may be required, drawings known as Supplementary Drawings, with specifications pertaining thereto, will be prepared by the Engineer, and the Contractor will be furnished one (1) complete hard-copy set of Supplementary Drawings (with specifications as needed) and one (1) electronic set in PDF format of the same. 2. The Supplementary Drawings shall be binding upon the Contractor with the same force as the Contract Drawings. Where such Supplementary Drawings require either less or more than the estimated quantities of Work, credit to the Owner or compensation therefore to the Contractor shall be subject to the terms of the Agreement. C. Contractor to Check Drawings and Data: 1. The Contractor shall verify all dimensions, quantities, and details shown on the Drawings, Supplementary Drawings, schedules, Specifications, or other data received from the Engineer, and shall notify him of all errors, omissions, conflicts, and discrepancies found therein. Failure to discover or correct errors, conflicts, or discrepancies shall not relieve the Contractor of full 01000 - 4 / 9 responsibility for unsatisfactory work, faulty construction, or improper operation resulting there from, nor from rectifying such conditions at his own expense. He will not be allowed to take advantage of any errors or omissions, as full instructions will be furnished by the Engineer, should such errors or omissions be discovered. 2. All schedules are given for the convenience of the Engineer and the Contractor and are not guaranteed to be complete. The Contractor shall assume all responsibility or the making of estimates of the size, kind, and quality of materials and equipment included in work to be done under the Contract. D. Specifications: The Technical Specifications consist of three (3) parts: General, Products, and Execution. The General part of a Specification contains General Requirements which govern the Work. The Products and Execution parts modify and supplement the General Requirements by detailed requirements for the Work and shall always govern whenever there appears to be a conflict. E. Intent: 1. All Work called for in the Specifications applicable to this Contract, but not shown on the Drawings in their present form, or vice versa, shall be of like effect as if shown or mentioned in both. Work not specified in either the Drawings or in the Specifications, but involved in carrying out their intent or in the complete and proper execution of the Work, is required and shall be performed by the Contractor as though it were specifically delineated or described. 2. The apparent silence of the Specifications as to any detail, or the apparent omission from them of a detailed description concerning any work to be done and materials to be furnished, shall be regarded as meaning that only the best general practice is to prevail and that only material and workmanship of the best quality is to be used, the interpretation of these Specifications shall be made upon that basis. 1.03 MATERIALS AND EQUIPMENT A. Manufacturer: 1. All transactions with the manufacturers or subcontractors shall be through the Contractor, unless the Contractor shall request and at the Engineer's option, that the manufacturer or subcontractor deal directly with the Engineer. Any such transactions shall not in any way release the Contractor from his full responsibility under this Contract. 01000 - 5 / 9 2. Any two (2) or more pieces of material or equipment of the same kind, type, or classification, and being used for identical types of service, shall be made by the same manufacturer. B. Delivery: 1. The Contractor shall deliver materials in ample quantities to ensure the most speedy and uninterrupted progress of the Work so as to complete the Work within the allotted time. 2. The Contractor shall also coordinate deliveries in order to avoid delay in, or impediment of, the progress of the work of any related Contractor. C. Tools and Accessories: 1. The Contractor shall, unless otherwise stated in the Contract Documents, furnish with each type, kind, or size of equipment, one (1) complete set of suitably marked high grade special tools and appliances which may be needed to adjust, operate, maintain, or repair the equipment. Such tools and appliances shall be furnished in approved painted steel cases, properly labeled and equipped with good grade cylinder locks and duplicate keys. 2. Spare parts shall be furnished as specified herein and as recommended by the manufacturer necessary for the operation of the equipment, not including materials required for routine maintenance. 3. Each piece of equipment shall be provided with a substantial nameplate, securely fastened in place and clearly inscribed with the manufacturer's name, year of manufacture, serial number, weight, and principal rate data. D. Service of Manufacturer's Engineer: 1. The Contract Prices for equipment shall include the cost of furnishing a competent and experienced engineer or superintendent who shall represent the manufacturer and shall assist the Contractor, when required, to install, adjust, test, and place in operation, the equipment in conformity with the Contract Documents. 2. After the equipment is placed in permanent operation by the Owner, such engineer or superintendent shall make all adjustments and tests required by the Engineer to prove that such equipment is in proper and satisfactory operating condition, and shall instruct such personnel as may be designated by the Owner in the proper operation and maintenance of such equipment. 1.04 INSPECTION AND TESTING 01000 - 6 / 9 A. General: 1. For tests specified to be made by the Contractor, the testing personnel shall make the necessary inspections and tests, and the reports thereof shall be in such form as will facilitate checking to determine compliance with the Contract Documents. One (1) hardcopy original and one (1) electronic copy in PDF format of the reports shall be submitted, and authoritative certification thereof must be furnished to the Engineer as a prerequisite for the acceptance of any material or equipment. 2. If, in the making of any test of any material or equipment, it is ascertained by the Engineer that the material or equipment does not comply with the Contract Documents, the Contractor will be notified thereof, and he will be directed to refrain from delivering said material or equipment, or to remove it promptly from the site or from the Work and replace it with acceptable material, without cost to the Owner. 3. Tests of electrical and mechanical equipment and appliances shall be conducted in accordance with the recognized test codes of the ANSI, ASME, or the IEEE, except as may otherwise be stated herein. 4. The Contractor shall be fully responsible for the proper operation of equipment during testing and instruction periods and shall neither have nor make any claim for damage which may occur to equipment prior to the time when the Owner formally takes over the operation thereof. B. Costs: 1. All inspection and testing of materials furnished under this Contract will be provided by the Contractor, unless otherwise expressly specified. 2. The cost of shop and field tests of equipment and of certain other tests specifically called for in the Contract Documents shall be borne by the Contractor, and such costs shall be deemed to be included in the Contract Price. 3. Materials and equipment submitted by the Contractor as the equivalent to those specifically named in the Contract may be tested by the Owner for compliance. The Contractor shall reimburse the Owner for the expenditures incurred in making such tests of materials and equipment which are rejected for non-compliance. C. Certificate of Manufacture: 01000 - 7 / 9 1. Contractor shall furnish to Engineer authoritative evidence in the form of a certificate of manufacture that the materials to be used in the Work have been manufactured and tested in conformity with the Contract Documents. 2. These certificates shall be notarized and shall include copies of the results of physical tests and chemical analyses, where necessary, that have been made directly on the product or on similar products of the manufacturer. D. Shop Tests: 1. Each piece of equipment for which pressure, duty, capacity, rating, efficiency, performance, function, or special requirements are specified shall be tested in the shop of the maker in a manner which shall conclusively prove that its characteristics comply fully with the requirements of the Contract Documents. 2. One (1) hardcopy original and one (1) electronic copy in PDF format of the manufacturer's actual test data and interpreted results thereof, accompanied by a certificate of authenticity sworn to by a responsible official of the manufacturing company and/or independent laboratory, shall be submitted to the Engineer for approval. 3. The cost of shop tests and of furnishing manufacturer's preliminary and shop test data of operating equipment shall be borne by the Contractor. E. Start-up Tests: 1. As soon as conditions permit, the Contractor shall furnish all labor, materials, and instruments and shall make start-up tests of equipment. 2. If the start-up tests disclose any equipment furnished under this Contract which does not comply with the requirements of the Contract Documents, the Contractor shall, prior to demonstration tests, make all changes, adjustments, and replacements required. The furnishing Contractor shall assist in the start- up tests as applicable. F. Demonstration Tests: 1. Prior to Contractor's request for a Substantial Completion inspection, all equipment and piping installed under this Contract shall be subjected to demonstration tests as specified or required to prove compliance with the Contract Documents. 2. The Contractor shall furnish labor, fuel, energy, water, and all other materials, equipment, and instruments necessary for all demonstration tests, 01000 - 8 / 9 at no additional cost to the Owner. Contractor shall assist in the demonstration tests as applicable. 1.05 LINES AND GRADES A. Grade: 1. All work under this Contract shall be constructed in accordance with the lines and grades shown on the Drawings, or as given by the Engineer. The full responsibility for keeping alignment and grade shall rest upon the Contractor. 2. The vertical bench marks provided is USGS “Public Records” monumentation and the horizontal control is the monumentation on plats contained in the “Public Records of Volusia County.” B. Surveys: 1. The Contractor shall furnish and maintain, at his own expense, stakes and other such materials. 2. The Contractor shall check such reference marks by such means as he may deem necessary and, before using them, shall call the Engineer's attention to any inaccuracies. 3. The Contractor shall, at his own expense, establish all working or construction lines and grades as required from the reference marks set by the Engineer, and shall be solely responsible for the accuracy thereof. He shall, however, be subject to the check and review by the Engineer. C. Safeguarding Marks: 1. The Contractor shall safeguard all points, stakes, grade marks, monuments, and bench marks made or established on the Work, bear the cost of re- establishing them if disturbed, and bear the entire expense of rectifying work improperly installed due to not maintaining or protecting or to removing without authorization such established points, stakes, and marks. 2. The Contractor shall safeguard all existing and known property corners, monuments, and marks adjacent to but not related to the Work and shall bear the cost of re-establishing them if disturbed or destroyed. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) 01000 - 9 / 9 END OF SECTION 01 22 00-1 SECTION 01 22 00 MEASUREMENT AND PAYMENT OF UNIT PRICE ITEMS PART 1 – GENERAL A. Separate payment will be made only for the items of work described herein and listed on the Bid Form. Any related work not specifically listed, but required for satisfactory completion of the work, shall be considered to be included in the scope of the appropriate listed work items. B. The CONTRACTOR’s attention is called to the fact that cleanup is considered a part of the work of construction. No payment will be made until cleanup is essentially complete. C. No separate payment will be made for the following items and the cost of such work shall be included in the applicable pay items of work if not shown as a separate pay item. 1. Clearing and Grubbing. 2.Excavation, including necessary pavement base removal. 3. Shoring and sheeting. 4. Dewatering and disposal of surplus water. 5.Structural Fill. 6.Backfill. 7.Grading. 8. Replacement of unpaved roadways, grass, and shrubbery plots. 9. Cleanup. 10. Testing and placing system in operation. 11.Any material and equipment required to be installed and utilized for the test. 12.Pipe, structures, pavement replacement and/or appurtenances included within the limits of lump sum work. 13. Maintaining the existing quality of service during construction. 14. Appurtenant work as required for a complete and operable system. 15. Maintaining or detouring of traffic. 01 22 00-2 D. No payment shall be made for work constructed outside the authorized limits of work PART 2 - MATERIALS AND EQUIPMENT 2.01 Furnish and Install PVC and/or DIP Water Main Payment shall be made at the contract unit price per linear foot as measured along the horizontal centerline of pipe from its origination point to the end of the pipe, regardless of vertical deflection. The unit price shall be full compensation for all dewatering, excavation, backfill, compaction, and testing, materials, cement lined ductile iron pipe fittings, restrained joints, equipment, labor, marker tape, locator wire, location wire “continuity testing”, successful hydrostatic testing, right-of-way restoration including sodding of all construction related disturbed areas where separate items (driveways, etc) are not paid for separately and all items necessary to complete installation of the pipe. Payment for removal of existing lines, where shown, shall be contained as part of this unit price pay item. Payment for pipe under this item shall not include lengths of pipe shown in lump sum quantities or for fitting lengths shown within air release or pig launching assemblies or for the length of valves which are paid separately. 2.02 Directional Drill HDPE Water Main Payment shall be made at the contract unit price per linear foot as measured along the installed horizontal layout of the pipe from the beginning tie-in location of the pipe to the end tie-in location of the pipe for each continuous directionally drilled pipe section. Distance shall be confirmed by a professional land surveyor. This information shall be included in the As-Built or Record Drawings. The unit price shall be full compensation for all dewatering, excavation, directional drilling, testing, inserts, materials, fittings, restrained joints, equipment, labor, locator wire, location wire “continuity testing”, successful hydrostatic testing, right-of-way restoration including sodding of all construction related disturbed areas where separate items (driveways, etc) are not paid for separately and all items necessary to complete installation of the pipe. Payment for pipe under this item shall not include lengths of pipe shown in lump sum quantities or for fitting lengths shown within air release or pig launching assemblies or for valves, which are paid separately. SDR11 HDPE pipe shall be DIP dimensioned outside with purple stripe for reclaimed water main. 2.03 Gate Valves Payment will be made on each installation at the applicable unit price for the installation of each valve as shown on the plans. The contract unit price will be full compensation for all materials and work necessary to complete the installation in accordance with the drawings and specifications including adjustment of valve box to final grade and shall include restrained joint attachment of valve to adjacent fittings where shown as part of this unit price. This item includes motor operators and mounting of operators with pedestals where called for. 01 22 00-3 2.04 Air Release Valves Payment at the applicable lump sum price shall be made for each air release valve installed as shown on the plans. The contract lump sum price shall be full compensation for all couplings, materials, fittings, equipment, labor, and all items necessary to complete installation. Equipment to be supplied and installed by the Contractor includes all valves, fittings, glands, restraints, and miscellaneous fittings. 2.05 Blowoff Assemblies Payment will be made at the applicable unit price for provision and installation of blowoff assemblies as detailed on the plans and described in the specifications. The unit price shall be full compensation for all materials, labor and equipment necessary for a complete and operable installation. END OF SECTION 2.06 Fire Hydrant Assemblies Payment will be made at the applicable unit price for provision and installation of fire hydrant assemblies as detailed on the plans and described in the specifications. The unit price shall be full compensation for all materials, labor and equipment necessary for a complete and operable installation. 2.07 Ductile Iron Fittings Payment will be made at the applicable unit price for installation and sucessful hydro-testing (and other required testing) of ductile iron fittings based on their weight as listed in the supplier's catalog. If no weights are provided by the item supplier, the weights listed in the Tyler-Union Inc. Waterworks Catalog shall be used. Typical fittings, unless otherwise noted, are MJ-x-MJ C-153 Compact Body, cement-line and/or other protective coating. Installed fittings should be per plan or as agreed to in writing by Contractor and Engineer prior to installation where different than plan. All fittings shall be as described in the specifications herein. The unit price shall be full compensation for all materials, labor and equipment necessary for a complete and operable installation. 01091-1 / 2 SECTION 01-091 REFERENCE SPECIFICATIONS PART 1 - GENERAL 1.01 GENERAL A. Applicable Publications. Whenever in these Specifications references are made to published specifications, codes, standards, or other requirements, it shall be understood that wherever no date is specified, only the latest specifications, standards, or requirements of the respective issuing agencies which have been published as of the date that the Work is advertised for bids, shall apply; except to the extent that said standards or requirements may be in conflict with applicable laws, ordinances, or governing codes. No requirements set forth herein or shown on the Drawings shall be waived because of any provision of or omission from said standards or requirements. B. Assignment of Specialists. In certain instances, specification test requires (or implies) that specific work is to be assigned to specialist or expert entities who must be engaged for the performance of the Work. Such assignments shall be recognized as special requirements over which the Contractor has no choice or option. These requirements shall not be interpreted so as to conflict with the enforcement of building codes and similar regulations governing the Work. They are not intended to interfere with local union jurisdiction settlements and similar conventions. Such assignments are intended to establish which party or entity involved in a specific unit of Work is recognized as "expert" for the indicated construction processes or operations. Nevertheless, the final responsibility for fulfillment of the entire set of Contract requirements remains with the Contractor. 1.02 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS A. Without limiting the generality of other requirements of the Specifications, all Work specified herein shall conform to or exceed the requirements of such referenced documents which are not in conflict with the requirements of these Specifications or applicable codes. B. References herein to "Building Code" shall mean the latest edition of the Florida Building Code. The latest edition of the code as approved and used by the local agency as of the date of award as adopted by the agency having jurisdiction shall apply to the Work herein, including all addenda, modifications, amendments, or other lawful changes thereto. 01091-2 / 2 C. In case of conflict between codes, reference standards, Drawings, and the other Contract Documents, the most stringent requirements shall govern. All conflicts shall be brought to the attention of the Engineer for clarification and directions prior to ordering or providing any materials or labor. The Contractor shall bid the most stringent requirements. D. Applicable Standard Specifications. The Contractor shall construct the Work specified herein in accordance with the requirements of the Contract Documents and the referenced portions of those referenced codes, standards, and specifications listed. PART II - PRODUCTS (Not Used) PART III - EXECUTION (Not Used) END OF SECTION 01100 - 1 / 4 SECTION 01-100 SPECIAL PROJECT PROCEDURES PART 1 - GENERAL 1.01 PUBLIC NUISANCE A. The Contractor shall not create a public nuisance including, but not limited to, encroachment on adjacent lands, flooding of adjacent lands, or excessive noise. B. Sound levels measured by the Engineer shall not exceed 50 dBA from 7 P.M. to 7 A.M. or 60 dBA 7 A.M. to 7 P.M. This sound level shall be measured at the exterior of the nearest exterior wall of the nearest residence. Levels at the equipment shall not exceed 85 dBA at any time. Sound levels in excess of these values are sufficient cause to have the Work halted until equipment can be quieted to these levels. Work stoppage by the Engineer or Owner for excessive noise shall not relieve the Contractor of the other portions of this Specification including, but not limited to, completion dates and bid amounts. C. No extra charge may be made for time lost due to work stoppage resulting from the creation of a public nuisance. 1.02 JURISDICTIONAL DISPUTES OF LABOR UNIONS A. It shall be the responsibility of the Contractor to pay all costs that may be required to perform any of the Work shown on the Drawings or specified herein in order to avoid any work stoppages due to jurisdictional disputes. The basis for subletting Work in question, if any, shall conform to precedent agreements and decisions on record with the Building and Construction Trades Department, AFL-CIO, dated June, 1973, including any amendments thereto. 1.03 EXCAVATION AROUND AND CONNECTION TO EXISTING UTILITIES A. It is essential that the Contractor understand that the existing Owner’s facilities must be kept in operation with minimal impact and shut-downs. To this end, the Contractor shall coordinate and consult with the Owner's operating personnel before excavating around or cutting into existing utilities on the site. Existing utilities of major concern are water, sanitary sewer, electrical power conduits, phone and television cables, instrumentation conduits, and cables. B. Some areas within the construction site may require hand excavation due to the congestion of underground piping systems and/or due to the criticality of piping systems that may be damaged unavoidably during machine excavation. 01100 - 2 / 4 C. Cover for underground piping shall not be less than that indicated on the Drawings, up to a minimum of 30 inches of cover where obtainable. In areas where other piping conflicts preclude the minimum cover desired, the piping shall be laid to provide the maximum cover obtainable. D. All connections to existing piping systems shall be made as shown or indicated on the Drawings after consultation, cooperation, and coordination with the Owner’s management personnel. Some such connections may have to be made during off- peak hours (late night or early morning hours). The Contractor shall give a minimum of three (3) working days notice to the Owner when tie-ins with the existing plant utilities are required. E. For major utility pipeline tie-ins and relocations, the Contractor shall submit a detailed Plan of Action for review and approval by the Owner and the Engineer. No major utility relocation or tie-ins shall proceed until the Plan of Action for that Work is approved. 1.04 CONSTRUCTION ACTIVITIES A. Excavated Materials: The Contractor shall not have any right in property in any materials taken from any excavation and he shall not remove any earth, sand or other material from the lines of the work before the excavation is refilled except upon direction of the Engineer. The provisions of this paragraph shall not be construed as relieving the Contractor of any kind of his obligations to remove and dispose of any of the material excavated, with or without rehandling, at his cost and expense as provided in these specifications. B. Protect Vegetation: Reasonable care shall be taken during construction to avoid damage to vegetation. Ornamental shrubbery and tree branches shall be temporarily tied back, where appropriate, to minimize damage. Trees which receive damage to branches shall be trimmed of those branches to improve the appearance of the tree. Tree trunks receiving damage from equipment shall be treated with a tree dressing. C. Restore with Sod: All existing improved areas or right-of-way areas disturbed by construction shall be sodded with the same type sod as the existing variety of sod encountered. Separate unit price or lump sum payment will be made for this work. In general, Bahia sod shall be installed wherever no sprinkler systems water right-of-way areas. D. Water Use / Reclaimed Encouraged: The City subject to availability will make available reasonable amounts of water for contractor compaction requirements and potable water for flushing and testing requirements at no cost to the contractor. Abnormally high usage (gross wastage)of provided water by the Contractor's organization shall be subject to City “back- 01100 - 3 / 4 charges” to the Contractor at established City rates. In all cases, City encourages the use of reclaimed water or other non-potable quality water where feasible for purposes not requiring potable quality water. 1.05 CONSTRUCTION SITE CONDUCT A. Contractor’s Superintendent: The Contractor shall provide an English speaking full time superintendent to supervise sub-contractors and provide direction to field crews. The Engineer’s Representative shall not be responsible for providing direction to sub-contractor or field crews. The Contractor’s superintendent shall not be verbally or physically abusive to citizens or other project personnel. Use of “foul” language in the presence of or belligerence towards citizens or project representatives shall be grounds for immediate replacement of the superintendent at no cost to the owner. B. Field Adjustment: The proposed alignments (such as of pipe, grading, paving or other finished surfaces) indicated on the project plans may require adjustment in the field due to conflicts or field conditions. Field changes shall be paid for at the contract unit price for the respective item(s). C. Hand-Digging in Certain Areas: In specific locations identified by the Engineer, the Contractor's forces shall be required to “hand dig” and expose all existing utilities including telephone cables, T.V. cables and fiber optics cables (both public and private), electric lines, gas lines, if present, water mains, force mains, sewer services, water services and private sprinklers a minimum of 24 hours in advance of the pipe laying operation. City forces and other utilities will mark the approximate location of their utilities when contacted. City crews will not be responsible for “hand digging” the location of City services. Separate lump sum payment shall not be made for this work. D. Pressure Pipe Joint Restraints: The Contractor shall utilize restrained joint for bends and required fittings for all pressure pipe shown on the project plans. The restrained pipe lengths shall be in accordance with DIPRA “Thrust Resistant Design for Ductile Iron Pipe” utilizing laying condition 2 (with polyethylene wrap for PVC pipe) with the type soils and soil depth encountered. Restrained joint pipe specifications shall be strictly adhered to. Piping drawings indicating restraining lengths and calculations shall be submitted to the Engineer for record purposes prior to construction. Responsibility for the adequacy for the restrained joint calculations shall remain with the Contractor and the supplier. E. Laydown Areas and Materials Storage: The Contractor shall make his own provisions for materials security. Any City 01100 - 4 / 4 provided work areas shall be returned to its original or better condition upon the completion of the project. Sodding of any disturbed areas utilized by the Contractor for work area will be accomplished by the Contractor at no additional cost to the City. Separate payment for this work will not be made and shall be included in the appropriate contract work items by the Contractor in the bid proposal. 1.06 REGULATORY COMPLIANCE A. Dewatering Permit: The Contractor is responsible for obtaining a Water Management District Permit for (dewatering) consumptive use if the Contractor's "means or methods" trip the Agency's thresholds requiring permits. No separate payment or contract time extension for the Contractor obtaining the permit shall be granted by the City or for any dewatering or pumping required to accomplish the work shown in this contract. B. NPDES Permit: The successful Contractor will be designated as the “operator of the site” and shall comply with the State of Florida’s NPDES Permit process and acquire a NOI for this project prior to commencement of construction in accordance with the attached materials. Payment for this shall be included in the bid item. C. Erosion & Sedimentation Control: Contractor shall be responsible to provide appropriate erosion and sedimentation control for all aspects of Work following best management practices and Florida Department of Environmental Protection (FDEP) guidelines. Contractor’s responsibility for erosion and sedimentation control shall be comprehensive and in addition to any particular controls or plans for such provided in the Contract Documents. D. City Standard Details: Where not otherwise specified, all work shall conform at minimum to the latest edition of the City of Edgewater Standard Construction Details. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) END OF SECTION 01200-1 / 6 SECTION 01200 PROJECT MEETINGS PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: 1. The Contractor shall cooperate and coordinate with the Engineer to schedule and administer the preconstruction meeting, periodic progress meetings, and specifically called meetings throughout the progress of the Work. The Engineer shall: a. Prepare agenda for meetings. b. Make physical arrangements for meetings. c. Preside at meetings. d. Take and distribute meeting minutes. 2. Representatives of Contractor, subcontractors, and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. The Owner shall attend meetings to ascertain that the Work is expedited consistent with Contract Documents and construction schedules. 4. The Engineer shall record the preconstruction meeting. A copy of the minutes of each progress meeting shall be available five business days after the meeting. B. Related Requirements Described Elsewhere: 1. Progress Schedules: Section 00700. 2. Shop Drawings: Section 01340. 3. Project Record Documents: Section 01720. 01200-2 / 6 1.02 PRECONSTRUCTION MEETING A. Engineer will schedule a preconstruction meeting no later than twenty (20) days after the effect date of the Contract. The meeting shall be scheduled at the convenience of all parties. B. Location: A local site, convenient for all parties, designated by the Engineer. C. Attendance: 1. Owner's representative. 2. Engineer and his professional consultants. 3. Resident project representative. 4. Contractor and his superintendent. 5. Major subcontractors. 6. Representatives of major suppliers and manufacturers as appropriate. 7. Governmental and Utilities representatives as appropriate. 8. Others as requested by the Contractor, Owner, and Engineer. D. The Engineer shall preside at the preconstruction meeting. The Engineer shall provide for keeping minutes and distribution of minutes to the Owner and others. The purpose of the preconstruction meeting is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. E. The suggested agenda for the preconstruction meeting would include the following: 1. Determining the date of Notice To Proceed (NTP) and issuing such to Contractor, unless this has already occurred prior to the Pre-Construction Meeting. 2. Distribution and discussion of: a. List of major subcontractors and suppliers. b. Projected schedules. c. Schedule of Values. 3. Critical work sequencing: Relationships and coordination with other contracts and/or work and continuing sanitary sewer, water distribution and 01200-3 / 6 storm water operation. 4. Major equipment deliveries and priorities. 5. Project coordination: Designation and responsible personnel. 6. Procedures and processing of: a. Field decisions. b. Proposal requests. c. Request for Information. d. Submittals. e. Change Orders. f. Applications for Payment. 7. Submittal of Shop Drawings, project data and samples. 8. Adequacy of distribution of Contract Documents. 9. Procedures for maintaining Record Documents 10. Use of premises: a. Office, work, and storage areas. b. Owner's requirements. c. Access and traffic control. 11. Construction facilities, controls, and construction aids. 12. Temporary utilities. 13. Safety and first aid procedures. 14. Check of required Bond and Insurance certifications. 15. Completion time for contract and liquidated damages. 16. Request for extension of Contract Time. 17. Procedures for periodic monthly (or whatever interval is deemed appropriate or necessary, however, a minimum of monthly meetings will be required) progress meetings, for all involved. 18. Security procedures. 19. Procedures for making partial payments. 20. Guarantees on completed work. 21. Equipment to be used. 01200-4 / 6 22. Project layout and staking of work. 23. Project inspection. 24. Labor requirements. 25. Laboratory testing of material requirements. 26. Provisions for material stored on site and monthly inventory of materials stored. 27. Requirements of other organizations such as utilities, railroads, highway departments, building departments. 28. Rights-of-way and easements. 29. Housekeeping procedures. 30. Liquidated damages. 31. Posting of signs and installation of Project Sign. 32. Pay request submittal dates. 33. Equal opportunity requirements. 1.03 PROGRESS MEETINGS A. The Engineer shall schedule regular periodic meetings. The progress meetings will be held a minimum of once every thirty (30) days and at other times as required by the progress of the Work. The first meeting shall be held within thirty (30) days after the preconstruction meeting or thirty (30) days or less after the date of Notice to Proceed. B. Hold called meetings as required by progress of the Work. C. Location of the meetings: at a local site as designated by the Engineer. D. Attendance: 1. Engineer and his professional Sub-consultants as needed. 2. Resident Project Representative. 3. Contractor and his Superintendent. 4. Owner's representatives. 5. Subcontractors (active on the site, as appropriate to the agenda). 6. Others as appropriate to the agenda (suppliers, manufacturers, other subcontractors, etc.). E. The Engineer shall preside at the meetings and provide for keeping minutes and distribution of the minutes to the Owner and others. The purpose of the meetings 01200-5 / 6 will be to review the progress of the Work. F. The suggested agenda for the progress meetings will include but not be limited to the following: 1. Review approval of minutes of previous meeting. 2. Review of Work progress since previous meeting and Work scheduled (3- week look ahead of schedule). 3. Field observations, problems, and conflicts. 4. Problems which impede construction schedule. 5. Review of off-site fabrication, delivery schedules. 6. Corrective measures and procedures to regain projected schedule. 7. Status of approved Construction Schedule and revisions to the Construction Schedule as appropriate. 8. Progress schedule during succeeding work period. 9. Coordination of schedules. 10. Review status of submittals and submittal schedule, expedite as required. 11. Maintenance of quality standards. 12. Pending changes and substitutions. 13. Shop drawing problems. 14. Review proposed changes for: a. Effect on Construction Schedule and on completion date. b. Effect on other contracts of the Project. 15. Critical/long lead items. 16. Other business. G. The Contractor is to attend progress meetings and is to study previous meeting minutes and current agenda items, and be prepared to discuss pertinent topics and provide specific information including but not limited to: 01200-6 / 6 1. Status of all submittals and what specifically is being done to expedite them. 2. Status of all activities behind schedule and what specifically will be done to regain the schedule. 3. Status of all material deliveries, latest contact with equipment manufacturer, and specific actions taken to expedite materials. 4. Status of open deficiencies and what is being done to correct the same. H. The Contractor is to provide a current submittal log at each progress meeting in accordance with Section 01340: Shop Drawings. PART 2- PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) END OF SECTION 01340-1 / 7 SECTION 01-340 SHOP DRAWINGS PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. The Contractor shall submit to the Engineer for review and approval, such working drawings, shop drawings, test reports and data on materials and equipment, and material samples materials list, certificates and affidavits as are required for the proper control of work, including but not limited to those working drawings, shop drawings, data and samples for materials and equipment specified elsewhere in the Specifications and in the Contract Drawings. B. Within twenty (20) calendar days after the Effective Date of the Agreement, the Contractor shall submit to the Engineer a complete materials list of preliminary data on items for which Shop Drawings are to be submitted. Included in this materials list shall be the names of all proposed manufacturers furnishing specified items. Review of this list by the Engineer shall in no way be expressed or implied relief to the Contractor from submitting complete Shop Drawings and providing material, equipment, etc., fully in accordance with the Specifications. This procedure is required in order to expedite final review of Shop Drawings. C. The Contractor shall maintain an accurate updated submittal log and will bring this log to each scheduled progress meeting with the Owner and the Engineer. This log shall include the following items: 1. Submittal-Description and Number assigned. 2. Date to Engineer 3. Date returned to Contractor (from Engineer). 4. Status of Submittal (Approved, Approved as Noted, Not Approved/Resubmit). 5. Date of Re submittal and Return (as applicable). 6. Date material release (for fabrication). 7. Projected date of fabrication. 8. Projected date of delivery to site. 9. Status of O&M manuals submitted. 01340-2 / 7 10. Specification Section. 11. Drawings Sheet Number. 1.02 CONTRACTOR'S RESPONSIBILITY A. It is the duty of the Contractor to check all drawings, data and samples prepared by or for him before submitting them to the Engineer for review. Each and every copy of the drawings and data shall bear Contractor's stamp and signature showing that they have been so checked. Shop drawings submitted to the Engineer without the Contractor's stamp and signature will be returned to the Contractor for conformance with this requirement. Shop drawings shall indicate any deviations in the submittal from requirements of the Contract Documents. If the Contractor takes exception to the specifications, the Contractor shall note the exception in the letter of transmittal to the Engineer. Shop drawings submittals shall not be used as a vehicle for requesting approval of substitute or alternative equipment and materials. Substitution requests will be considered only when submitted in accordance with the applicable provisions of Section 01600. B. Determine and Verify: 1. Field measurements 2. Field construction criteria 3. Catalog numbers and similar data 4. Conformance with Specifications C. The Contractor shall furnish the Engineer a schedule of Shop Drawings submittals fixing the respective dates for the submission of shop and working drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment. This schedule shall indicate those that are critical to the progress schedule. D. The Contractor shall not begin any of the work covered by a drawing, data, or a sample returned for correction until a revision or correction thereof has been reviewed and returned to him, by the Engineer, with approval. E. The Contractor shall submit to the Engineer all drawings and schedules sufficiently in advance of construction requirements to provide no less than thirty (30) calendar days for checking and appropriate action from the time the Engineer receives them. F. All submittals shall be accompanied by a transmittal letter prepared in duplicate containing the following information: 1. Date 2. Project Title and Number 01340-3 / 7 3. Contractor's name and address 4. The number of each Shop Drawing, Product Data, and Sample submitted 5. Notification of deviations from Contract Documents 6. Submittal Log Number conforming to Specification Section Numbers. G. The Contractor shall submit two (5) hardcopies and one (1) electronic copy in PDF format of descriptive or product data submittals/drawings to the Engineer. The Engineer will review the submittals/drawings and return to the Contractor one (1) of marked-up submittals/drawings with appropriate review comments. All shop drawings, when practical, shall be no larger than 11x17 inch in size. H. Once submittals/drawings are approved, they are to be distributed as follows: 1. Owner: One (1) electronic copy 2. Engineer: One (1) hardcopy 3. Contractor: One (1) hardcopy I. The Contractor shall be responsible for and bear all costs of damages which may result from the ordering of any material or from proceeding with any part of work prior to the completion of the review by Engineer of the necessary shop drawings. J. The Contractor shall be fully responsible for observing the need for and making any changes in the arrangement of piping, connections, wiring, manner of installation, etc., which may be required by the materials/equipment he proposed to supply both as pertaining to his own work and any work affected under other parts, headings, or divisions of Drawings and Specifications. 1.03. ENGINEER'S REVIEW OF SHOP DRAWINGS A. The Engineer's review of drawings, data and samples submitted by the Contractor will cover only general conformity to the Specifications, external connections, and dimensions which affect the installation. The Engineer's review and exceptions, if any, will not constitute an approval of dimensions, quantities, and details of the material, equipment, device, or item shown. B. The review of drawings and schedules will be general, and shall not be construed: 1. As permitting any departure from the Contract requirements; 2. As relieving the Contractor of responsibility of any errors, including details, dimensions, and materials; 3. As approving departures from details furnished by the Engineer, except as otherwise provided herein. 01340-4 / 7 C. If the drawings or schedules as submitted describe variations and show a departure from the Contract requirements which Engineer finds to be in the interest of the Owner and to be so minor as not to involve a change in Contract Price or time for performance, the Engineer may return the reviewed drawings, without noting an exception. D. When reviewed by the Engineer, each of the Shop Drawings will be identified as having received such review, being so stamped and dated. Shop Drawings stamped "NOT APPROVED/RESUBMIT" and with required corrections shown will be returned to the Contractor for correction and re-submittal. E. Re submittals will be handled in the same manner as first submittals. On Re submittals the Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, to revisions other than the corrections requested by the Engineer on previous submissions. The Contractor shall make any corrections required by the Engineer. F. If the Contractor considers any correction indicated on the drawings to constitute a change to the Contract Drawings or Specifications, the Contractor shall give written notice thereof to the Engineer. G. Shop drawings and submittal data shall be reviewed by the Engineer for each original submittal and first Re submittal; thereafter review time for subsequent Re submittals shall be charged to the Contractor in accordance with the terms of the Engineer's Agreement with the Owner. H. When the Shop Drawings have been completed to the satisfaction of the Engineer, the Contractor shall carry out the construction in accordance therewith and shall make no further changes therein except upon written instructions from the Engineer. I. No partial submittals will be reviewed. Submittals not complete will be returned to the Contractor for Re submittal. Unless otherwise specifically permitted by the Engineer, make all submittals in groups containing all associated items for: 1. Systems 2. Processes 3. As indicated in Specifications Sections. All drawings, schematics, manufacturer's product data, certifications and other shop drawing submittals required by a system specification shall be submitted at one time as a package to facilitate interface checking. 01340-5 / 7 1.04 SHOP DRAWINGS A. When used in the Contract Documents, the term "shop drawings" shall be considered to mean Contractor's plans for materials and equipment which become an integral part of the Project. These drawings shall be completed and detailed. Shop drawings shall consist of fabrication, erection and setting drawings and schedule drawings, manufacturer's scale drawing, and wiring and control diagrams. Cuts, catalogs, pamphlets, descriptive literature, and performance and test data, shall be considered only as supportive to required shop drawings as defined above. As used herein, the term "manufactured" applied to standard units usually mass-produced; and "fabricate" means items specifically assembled or made out of selected materials to meet individual design requirements. B. Manufacturer's catalog sheets, brochures, diagrams, illustrations and other standard descriptive data shall be clearly marked to identify pertinent materials, product or models. Delete information which is not applicable to the Work by striking or cross-hatching. C. Drawings and schedules shall be checked and coordinated with the work of all trades involved, before they are submitted for review by the Engineer and shall bear the Contractor's stamp of approval as evidence of such checking and coordination. Drawings or schedules submitted without this stamp of approval shall be returned to the Contractor for resubmission. D. Each shop drawing shall have a blank area 3½” by 3½”, located adjacent to the title block. The title block shall display the following: 1. Project title and number 2. Name of project building or structure 3. Number and title of the shop drawing 4. Date of shop drawing or revision 5. Name of Contractor and subcontractor submitting drawing 6. Supplier/manufacturer 7. Separate detailer when pertinent 8. Specification title and number 9. Specification section 10. Drawing number E. If drawings show variations from Contract requirements because of standard shop practice or for other reasons, the Contractor shall describe such variations in his letter of transmittal. If acceptable, proper adjustment in the Contract shall be implemented where appropriate. If the Contractor fails to describe such variations, he shall not be relieved of the responsibility for executing the work in accordance with the Contract, even though such drawings have been reviewed. 01340-6 / 7 F. Data on materials and equipment include, without limitation, materials and equipment lists, catalog data sheets, cuts, performance curves, diagrams, materials of construction and similar descriptive material. Materials and equipment lists shall give, for each item thereon, the name and location of the supplier or manufacturer, trade name, catalog reference, size, finish and all other pertinent data. G. For all mechanical and electrical equipment furnished, the Contractor shall provide a list including the equipment name, address and telephone number of the manufacturer's representative and service company so that service and/or spare parts can be readily obtained. H. All manufacturers or equipment suppliers who are proposed to furnish equipment or products shall submit an installation list to the Engineer along with the required shop drawings. The installation list shall include at least five (5) installations where identical equipment has been installed and has been in operation for a period of at least one (1) year. I. Only the Engineer will utilize the color "red" in marking shop drawing submittals. 1.05 WORKING DRAWINGS A. When used in the Contract Documents, the term "working drawings" shall be considered to mean the Contractor's plan for temporary structures such as temporary bulkheads, support of open cut excavation, support of utilities, ground water control systems, forming and false work; for underpinning; and for such other work as may be required for construction but does not become an integral part of the project. B. Copies of working drawings as noted in paragraph 1.05 A. above, shall be submitted to the Engineer where required by the Contract Documents or requested by the Engineer, and shall be submitted at least thirty (30) calendar days (unless otherwise specified by the Engineer) in advance of their being required for work. C. Working drawings shall be signed by a registered Professional Engineer, currently licensed to practice in the State of Florida and shall convey, or be accompanied by, calculation or other sufficient information to completely explain the structure, machine, or system described and its intended manner of use. Review of working drawings by the Engineer will not relieve the Contractor in any way from his responsibility with regard to the fulfillment of the terms of the Contract. All risks of error are assumed by the Contractor; the Owner and Engineer shall have no responsibility therefore. 1.06 SAMPLES A. The Contractor shall furnish, for the approval of the Engineer, samples required 01340-7 / 7 by the Contract Documents or requested by the Engineer. Samples shall be delivered to the Engineer as specified or directed. The Contractor shall prepay all shipping charges on samples. Materials or equipment for which samples are required shall not be used in work until approved by the Engineer. B. Samples shall be of sufficient size and quantity to clearly illustrate: 1. Functional characteristics of the product, with integrally related parts and attachment devices. 2. Full range of color, texture and pattern 3. A minimum of two samples of each item shall be submitted C. Each sample shall have a label indicating: 1. Name of project 2. Name of Contractor and subcontractor 3. Material or equipment represented 4. Place of origin 5. Name of producer and brand (if any) 6. Location in project 7. Submittal Number (Samples of finished materials shall have additional marking that will identify them under the finish schedules). D. The Contractor shall prepare a transmittal letter in triplicate for each shipment of samples containing the information required in paragraph 1.06 B. above. He shall enclose a copy of this letter with the shipment and send a copy of this letter to the Engineer. Approval of a sample shall be only for the characteristics or use names in such approval and shall not be construed to change or modify any Contract requirements. E. Approved samples not destroyed in testing shall be sent to the Engineer or stored at the site of work. Approved samples of the hardware in good condition will be marked for identification and may be used in the work. Materials and equipment incorporated in work shall match the approved samples. Samples which failed testing or were not approved will be returned to the Contractor at his expense, if so requested at time of submission. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) END OF SECTION 01380-1 / 5 SECTION 01-380 CONSTRUCTION PHOTOGRAPHS PART 1 - GENERAL 1.01 SCOPE OF WORK A. Scope of Work: The Contractor shall employ a competent photographer to take construction record photographs and video recording prior to start of work and periodically during the course of the Work. B. Related Requirements Described Elsewhere: 1. Project Requirements: Section 01000 2. Special Project Procedures: Section 01100 3. Project Record Documents: Section 01720 1.02 PHOTOGRAPHY REQUIRED A. Digital photographs shall be taken in conformance with this Section shall be furnished to the Engineer with each pay request. Failure to comply may result in rejection of pay request. B. Digital photographs shall be taken at each of the major stages of construction and as directed by the Engineer. C. Digital photographs may be taken by the Contractor's personnel but must be of professional quality as herein specified. Photographs which are deemed unsatisfactory will be rejected and retakes will be required. D. Views and Quantities Required: 1. Contractor shall supply Digital pictures on a USB Flash Drive. One (1) view of each activity, as directed by the Resident Project Representative, up to a limit of ten activities photographed per month. 2. One (1) Digital picture from each of five (5) views of overall Project site monthly including any change of condition, any structural changes, relocation, and all conflicts with utilities, as directed by the Resident Project Representative. 01380-2 / 5 E. Digital pictures shall contain and comply with the following: 1. The Contractor shall maintain all Digital copies of photos for the entire Project and then shall convey the disks to the Owner at the completion of the Project. 2. All disks shall be properly labeled with project name, contract number, project start and end dates, Contractor’s name, and Owner’s name (City of Edgewater). 3. The photographer shall agree to furnish additional disks to Owner and the Engineer at commercial rates applicable at time of purchase. 1.03 COST OF PHOTOGRAPHY A. The Contractor shall pay costs for specified Digital photography and any required prints. Unless a specific pay item is included in the Schedule of Values (Unit Prices), cost of photography is considered incidental to the contract pay items. PART 2 - PRODUCTS 2.01 DIGITAL PHOTOGRAPH AND/OR PRINTS A. Physical prints shall not be required. PART 3 - EXECUTION 3.01 TECHNIQUE A. Factual Presentation. B. Correct exposure and focus. 1. High resolution and sharpness (minimum 800 DPI) 2. Maximum depth-of-field 3. Minimum distortion 3.02 VIEWS REQUIRED A. Digital photographs shall adequately illustrate condition of construction and state of progress. 1. At successive periods of photography, take at least one digital photograph from the same overall view as previously photographed. 2. Consult with the Engineer at each period of digital photography for instructions concerning views required. 01380-3 / 5 3.03 DELIVERY OF PRINTS A. Deliver photographs, on USB Flash Drive with coordinating log, to the Engineer as attachment to Application for Payment. (Flash Drive will become property of Engineer and/or client) B. Distribution of construction photographs, as soon as processed, is anticipated to be as follows: 1. Engineer (one (1) set) 2. Project record file (one (1) set to be stored by Contractor until the end of the project which shall be delivered with Project Record Documents as specified in Section 01720). 3. Owner (one (1) set) PART 4 – CONSTRUCTION VIDEO RECORDING 4.01 SCOPE OF WORK A. Furnish all labor, materials and equipment to furnish color audio video recording of the project site as specified herein. B. Furnish to the Engineer an original and one copy of a continuous color audio video recording on DVD around the entire project site. The recording shall be taken prior to any construction activity. C. The Engineer reserves the right to reject the audio video recording because of poor quality, unintelligible audio or uncontrolled pan or zoom. Any DVD rejected by the Engineer shall be redone at no cost to the Owner. Under no circumstances shall construction begin until the Engineer has received and accepted the audio video DVD(s). D. The recording shall be performed by a qualified, established audio video recording firm, knowledgeable in construction practices which have a minimum of one (1) year experience in the implementation of established inspection procedures. 4.02 COLOR AUDIO VIDEO SURVEY A. Complete coverage shall include all surface features located within the project site, easement areas, and adjacent private properties covering the extent of the project site to be utilized by the Contractor and will be supported by appropriate audio description made simultaneously with video coverage. Such coverage shall include, but not be limited to, all existing driveways, sidewalks, curbs, ditches, roadways including viaducts, landscaping, trees, culverts, headwalls, and retaining walls, and buildings located within the area. Video coverage shall extend to the maximum height of all structures within this zone. 01380-4 / 5 B. All recording shall be done during times of good visibility. No recording shall be done during periods of visible precipitation, or when the ground area is covered with puddles of standing water, unless otherwise authorized by Owner. 4.03 AUDIO AND VIDEO A. Contractor shall furnish continuous color, audio-video DVD(s) of professional quality. B. Pre and post construction recording should be recorded on a DVD –R disk, recorded in SP mode (120 mins) or better (HQ,HSP), disk must be finalized with no editing of information and must be properly marked with date, location, contractors name, job site, and name of Videographer. The date and time stamp must be visible at all times on image and disk must be stored in an individual sleeve. C. Each DVD shall begin with the Owner’s name, Contract name and number, Contractor’s name, date and location information such as street name, direction of travel, viewing side, etc. D. Information appearing on the DVD must be continuous and run simultaneously by computer generated transparent digital information. No editing or overlaying of information at a later date will be acceptable. E. Digital information will be as follows: 1. Upper left corner a) Name of Contractor b) Day, date and time c) Name of project 2. Lower left corner a) Route of travel b) Viewing side c) Direction of travel d) Stationing F. Time must be accurate and continuously generated. G. Engineering station numbers must be continuous, be accurate and correspond to project stationing. The symbols should be the standard engineering symbols (i.e. 16+64). 01380-5 / 5 H. Written documentation must coincide with the information on the DVD so as to make easy retrieval of location sought for at a later date. I. The video system shall have the capability to transfer individual frames of video electronically into hard copy prints or photography negatives. J. Audio shall be recorded at the same time as the video recording and shall have the same information as on the viewing screen. Special commentary will be given for unusual conditions of buildings, sidewalks and curbing, foundations, trees and shrubbery, etc. K. All DVDs and boxes shall bare labels with the following information: 1. Recording Number 2. Owner’s Name 3. Date of Recording 4. Project Name and Number 5. Location and Standing Limit of DVD L. Prior to commencement of audio video recording, the contractor shall notify the Engineer in writing when and where the audio video recording will begin. The Engineer may provide a designated representative to accompany and oversee coverage of all recording operations. Audio video recording completed without an Engineer representative present will be unacceptable unless specifically authorized by the Engineer. END OF SECTION 01710 - 1 / 2 SECTION 01-710 CLEANING PART I - GENERAL 1.01 DESCRIPTION A. Scope of Work: Execute cleaning, during the progress of Work and at completion of the Work. 1.02 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations and anti-pollution laws. PART II - PRODUCTS 2.01 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART III - EXECUTION 3.01 DURING CONSTRUCTION A. Execute daily cleaning to keep the Work, the site and adjacent properties free from accumulations of waste materials, rubbish and windblown debris, resulting from construction operations or personal activities. B. Provide on-site containers for the collection of waste materials, debris and rubbish. C. Remove waste materials, debris and rubbish from the site periodically, or as directed by the Owner and dispose of at legal disposal areas away from the site. 01710 - 2 / 2 3.02 DUST CONTROL A. The Contractor shall employ construction techniques that minimize the production and distribution of dust. B. Clean interior spaces prior to the start of finish painting and continue cleaning on an as-needed basis until painting is finished. C. Schedule operations so that dust and other contaminants resulting from cleaning process will not fall on wet or newly-coated surfaces. 3.03 FINAL CLEANING A. Employ skilled workmanship for final cleaning. B. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and other foreign materials from sight-exposed interior and exterior surfaces. C. Prior to final completion, or Owner occupancy, Contractor shall conduct an inspection of sight-exposed interior and exterior surfaces and all work areas, to verify that the entire Work site is clean. END OF SECTION 01720-1 / 7 SECTION 01-720 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Maintain at the site for the Owner one record copy of: 1. Drawings 2. Specifications 3. Addenda 4. Change Orders and other modifications of the contract 5. Engineer's Field Orders or written instructions 6. Approved Shop Drawings 7. Field Test records 8. Construction photographs, preconstruction videos, and pipeline videos. 9. Preliminary as-built drawings 1.02 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Store record documents and samples in Contractor's field office apart from documents used for construction. 1. Provide files and racks for storage of documents. 2. Provide locked cabinet or secure storage space for storage of samples. B. File documents and samples in accordance with specification section numbers as provided herein. C. Maintain documents in a clean, dry, legible, condition and in good order. Do not use record documents for construction purposes. D. Make documents and samples available at all times for inspection by the Engineer. 01720-2 / 7 E. As a prerequisite for monthly progress payments, the Contractor shall provide the currently updated "Record Documents" for review by the Engineer and Owner. 1.03 MARKING DEVICES A. Record information in the color code designated by the Engineer. Typically this is by felt-tipped marking pens, but any legible and permanent method, including electronic documentation, is acceptable. 1.04 RECORDING A. Label each document. "PROJECT RECORD" in neat large printed letters. B. Record information concurrently with construction progress. Do not conceal any work until required information is recorded. C. Drawings: Legibly mark to record actual construction: 1. Depths of various elements of foundation in relation to finish first floor datum, or similar fixed site datum. 2. All underground piping with elevations and dimensions. Change to piping location. Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. Actual installed pipe materials, class, etc. 3. Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. 4. Field changes of dimensiol and detail. 5. Changes made by Field Order or by Change Order. 6. Details not on original contract drawings. 7. Equipment and piping relocations. 8. Major architectural and structural changes including relocation of doors, windows, etc. 9. Architectural schedule changes according to Contractor's records or shop drawings. a. Contractor shall provide copies of all such recordings to the Contractor’s surveyor for incorporation into the preliminary and final as-built drawings. 01720-3 / 7 D. Specifications and Addenda: Legibly mark each section to record: 1. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. 2. Changes made by Field Order or by Change Order. E. Shop Drawings (after final review and approval): Provide one (1) copy of record drawings for each process; equipment, piping, electrical system and instrumentation system. 1.05 PIPING “AS-BUILTS” (CITY ADDITIONAL REQUIREMENTS) A. As-built drawings are required for all systems to be accepted by the City. As- builts will be prepared by a surveyor or an engineer registered in the State of Florida. As-builts will be drawn at the scale of the plans, with a maximum scale of 1” = 100’. Areas requiring additional detail may be enlarged as necessary. Rights-of-way, easements, and lot lines will be accurately shown. Lots, block numbers, and street names will be included. As-builts shall be prepared by a program compatible with AutoCAD 2010 Version or DFX file. A CD with the file(s) will be provided to the City. B. One computer disk and three (3) signed and sealed prints are required to distribute one (1) each to the Owner, Engineer, and Contractor. The as-built drawings shall contain the following information: 1. Location of all valves, service lines, fittings and fire hydrants using at least two (2) ties to permanent points (manholes, property corners, curbs, or stormwater inlets). An acceptable station and offset system may be used for service lines and fittings only. 2. Location of mains from property easement lines or edge of pavement at intervals 300 feet. 3. Elevations to the top of the water line at intervals 300 feet and at all drainage and sewer main crossings. Benchmark to be shown on as-builts. 4. Separation between reclaimed water or force mains and water mains if they are installed within 10 feet of water mains. 5. Water main material and distance of mains from buildings or structures within 20 feet of the water main. 6. Distance from hydrant to hydrant valve. 01720-4 / 7 7. Pertinent easement information. 8. Certification by the surveyor or engineer accepting responsibility for accuracy of information supplied on the as-built drawings and a statement certifying that all mains are within easements and/or public rights-of-way. The name “CITY OF EDGEWATER” must appear on all as-built survey information. 1.06 SUBMITTAL A. Accompany each submittal with transmittal letter in duplicate, containing: 1. Date 2. Project title and number 3. Contractor's name and address 4. Title and number of each Record Document 5. Signature of Contractor of his authorized representative B. Preliminary As-built Drawings: The Contractor shall submit to the Engineer one (1) paper copy OR one (1) electronic copy of preliminary as-built drawings prepared and signed/sealed by the Contractor’s surveyor with each monthly progress payment request. Preliminary as-built drawings shall conform to the requirements of final as-built drawings and shall represent the completed work to date. Preliminary as-built drawings shall include all work which the Contractor is requesting to be paid for. C. Final As-built Drawings: Upon project closeout and as a prerequisite to the final pay request, the Contractor shall submit to the Engineer final as-built drawings prepared and signed/sealed by the Contractor’s surveyor and conforming to the Minimum Technical Standards per Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472.027 of the Florida Statutes. The Engineer shall supply the Contractor copies of AutoCad files of the original construction plans for the Contractor’s use in the as-built drawing preparation. Final as-built drawings shall include all work which the Contractor is requesting to be paid for. The final as-built drawing submittal shall include: 1. Two (2) sets of paper plans and one (1) electronic set in PDF format signed and sealed by a professional land surveyor licensed in the State of Florida and computer CD(s) containing drawing files in a program compatible with AutoCad 2010 version. 01720-5 / 7 2. AutoCad drawing files shall include as-built information on layers separate from the original drawing layers and shall be named descriptively to represent the as-built features. (i.e.-Layer “wat ab” and “wat ab txt” for water as-built linework and text, respectively.) Drawing entities are to be shown on the correct layer. All as-built entities shall have color and line type set “by layer”. Text sizes shall be relative to the plotted scale. Additional details or exploded views shall be included to accurately and fully represent the as-built conditions. 3. Certification by surveyor that the as-built information shown is accurate and that all improvements shown were constructed within or on public rights-of-way, easements or property specifically owned by the Owner. Certification shall be to the Owner, Engineer and other governmental agencies, as applicable. 4. No linework and text shall be erased from the original design (construction) drawings during the as-built drawing preparation. Original linework or text shall be circled if accurate or stricken (not erased) if not with the accurate information noted/shown. New linework and text shall be provided to accurately show the as-built information for the constructed improvements. Revisions to design dimensions alone will not be permitted. 5. Pressure Pipeline Improvements: For utility improvement projects, horizontal locations of the constructed pipelines with respect to the right- of-way lines or other readily visible, permanent features at 100 foot minimum intervals and at critical locations such as road intersections shall be shown. For treatment plant and pump station improvements, horizontal locations shall be provided at 20 foot intervals. Vertical locations of the constructed pipelines by elevation of centerline of pipe for above ground/exposed pipe or with respect to finished grade over buried pipe. (i.e. final cover) For underground piping, all valves, blow-offs, stub-outs, pigging stations, fire hydrants, backflow preventers and services shall be located horizontally in relation to readily visible, permanent features with three way horizontal dimensions less than 100 feet, each. Three way dimensions to all buried fittings on treatment plant and pump station improvement projects shall be provided. If adequate features are not available, a station and offset dimensioning system can be used if prior approval is obtained from the Engineer. For above ground/exposed pipe, as-built dimensions between fittings or flanges shall be provided. Separations between “sanitary hazards” to potable water and reclaimed water mains per FDEP shall be shown. 01720-6 / 7 6. Gravity Pipeline Improvements: Show elevations for all inverts, manhole tops, inlet throats/weirs, grate tops, etc. Show size and type of each structure. As-built length, size and type of pipes between the structures shall be shown. All service laterals and cleanouts shall be located horizontally to readily visible, permanent features with three way horizontal dimensions less than 100 feet, each. If adequate features are not available, a station and offset dimensioning system can be used if prior approval is obtained from the Engineer. A labeling and dimension table scheme is recommended for the three way or station/offset dimensioning. (i.e.-Constructed feature labeled as “A”, permanent feature labeled as “B”, “A”- “B” dimension shown in table for distance measured between the two. Use continuous labeling and complete single table per plan sheet.) Separations between gravity “sanitary hazards” to potable water and reclaimed water mains per FDEP shall be shown. 7. Roadway Improvements: Elevation, size and location of swales, ditches, gutter flow-lines, edge of pavement, and road crown on both sides of the road if applicable shall be provided at 100 foot minimum intervals and at critical areas such as intersections and inlets/flumes. As-built points of curvature, tangent and vertical intersection, along with radii of road alignment, intersecting streets and driveways and other alignment information shall be provided. 8. Stormwater Improvements: The limits, slopes and bottom depths of stormwater ponds, swales and other retention areas shall be provided. All stormwater piping information shall conform to the Gravity Pipeline Improvement requirements. Size, type, material, and elevations of all stormwater structures, including appurtenances such as weirs, orifices, skimmer plates, etc. shall be shown. As-built information shall conform to St. Johns River Water Management District requirements. 9. Treatment Facility Improvements: Location, size, number, and type of treatment equipment and structures shall be shown. Applicable requirements of as-built information listed herein for similar improvements shall be required. 10. Building Improvements: Finished floor elevations, ceiling heights, building locations, wall opening dimensions, equipment (electrical, mechanical, plumbing) locations, etc. shall be provided. Change of material shall be specifically noted as such. 11. Landscaping Improvements: Number, type, size, and general location of installed plant material shall be provided. Change of material shall be specifically noted as such. Location of irrigation meters, services, manual valves, automatic valves, controllers, rain shut off switches, etc. shall be shown. Changes to the designed irrigation system shall be shown. 01720-7 / 7 12. Other Improvements: Changes from the original design of other improvements such as electrical, mechanical and structural improvements shall be noted as such on the as-built drawings with the size, number, type and location of the constructed/installed improvements noted. 13. Contractor may be required to reimburse the Owner for services rendered by the Engineer for review of multiple resubmittals per SC-6.17, 1. of Section 00800, Supplementary Conditions. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) END OF SECTION 15 05 00A - 1 SECTION 15 05 00A PIPING MATERIALS, DESIGNATION AND TESTING PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: This section specifies the pneumatic, hydrostatic, and leakage testing of piping and acceptable piping materials for each application. The piping designations (mark) are also indicated. B. Testing Records: 1. Provide a record of each piping installation during the testing. These records shall include: a. Date of test. b. Identification of pipeline tested or retested including designation. c. Identification of pipeline material. d. Identification of pipe specifications. e. Test fluid. f. Test pressure. g. Remarks: Leaks identified (type and location), types of repairs, or corrections made. h. Certification by Contractor that the leakage rate measured conformed to the specifications. i. Signature of Engineer's representative witnessing pipe test. 2. Submit the test records to the Engineer's representative upon completion of the testing. 15 05 00A - 2 PART 2 - PRODUCTS 2.01 GENERAL A. Testing fluid shall be water unless a pneumatic test for air or chemical systems is indicated on the Piping Pressure Test Schedule. 2.02 MATERIALS AND EQUIPMENT A. Provide pressure gauges, pipes, bulkheads, pumps, and meters to perform the hydrostatic and pneumatic testing. PART 3 - EXECUTION 3.01 TESTING PREPARATION A. Pipes shall be in place and anchored before commencing pressure testing. B. Conduct hydrostatic and pneumatic tests on exposed and above ground piping after the piping has been installed and attached to the pipe supports, hangers, anchors, expansion joints, valves, and meters. C. Before conducting hydrostatic tests, flush pipes with water to remove dirt and debris. For pneumatic tests, blow air through the pipes. D. Test new pipelines which are to be connected to existing pipelines by isolating the new line from the existing line by means of pipe caps, special flanges, or blind flanges. After the new line has been successfully tested, remove caps or flanges and connect to the existing piping. E. Conduct hydrostatic tests on buried pipe after the trench has been completely backfilled. The pipe may be partially backfilled and the joints left exposed for inspection for an initial leakage test. Perform the final test, however, after completely backfilling and compacting the trench. F. Testing of piping under structures shall be completed prior to beginning construction of the structure. In the case of concrete encased piping, the pressure test shall be conducted after the concrete encasement has been placed and cured, but prior to beginning construction of any structure above the piping. 15 05 00A - 3 3.02 INSPECTION AND TESTING A. Hydrostatic Testing of Aboveground or Exposed Piping: Open vents at high points of the piping system to purge air while the pipe is being filled. Subject to piping system to the test pressure indicated. Maintain the test pressure for a minimum of two hours. Examine joints, fittings, valves, and connections for leaks. The piping system shall show no leakage or weeping. Correct leaks and retest until no leakage is obtained. Test pressure shall be 150 psi for water unless otherwise specified. B. Hydrostatic Testing of Buried Piping: 1. Where any section of the piping contains concrete thrust blocks or encasement, do not make the pressure test until at least 10 days after the concrete has been poured. When testing mortar lined or PCCP piping, fill the pipe to be tested with water and allow it to soak for at least 48 hours to absorb water before conducting the pressure test. 2. Apply and maintain the test pressure by means of a hydraulic force pump. Maintain the test pressure for a minimum duration of two hours. After the test pressure is reached, use a meter to measure the additional water added to maintain the pressure. This amount of water is the loss due to leakage in the piping system. The allowable leakage rate is defined by the formula. 400,7 PNDL= in which: L = allowable leakage (gallons/hours) during the test period. N = number of rubber gasketed joints in the pipe tested (zero for flanged or welded pipe) D = diameter of the pipe (inches) P = specified test pressure (psig) 3. Repair and retest any pipes showing leakage rates greater than that allowed in the above formula. C. Pneumatic Testing: 1. Test Pressure: As shown in the Specifications, or 150 psi. 15 05 00A - 4 2. Perform pneumatic testing using dry air. Perform tests only after the piping has been completely installed including supports, hangers, and anchors. Protect test personnel and Owner's operating personnel. Secure piping to be tested to prevent the pipe from moving and to prevent damage to adjacent piping and equipment. Remove or isolate from the pipe any appurtenant instruments or devices that could be damaged by the test, prior to applying the test. 3. Apply an initial pneumatic leakage test of 25 psig to the piping system prior to final leak testing. Examine for leakage, detected by soap bubbles, at joints and connections. After correcting visible leaks, gradually increase the pressure in the system to not more than one-half of the test pressure. Then increase the pressure in steps of approximately one-tenth of the test pressure until the required test pressure has been reached. Continuously maintain the pneumatic test pressure for a minimum time of four hours and for such additional time as may be necessary to conduct a soap bubble examination for leakage. The piping system shall show no leakage. Correct any visible leakage and retest. D. Testing of Non-Pressure Piping: 1. Testing of non-pressure gravity flow pipe shall be accomplished by infiltration or exfiltration testing. Non-pressure piping which has a crown elevation below the groundwater table shall be tested by measuring the infiltration. Non-pressure piping which has a crown elevation above the groundwater table shall be tested by measuring the exfiltration. a. Infiltration Testing: The Contractor shall identify and prepare each section of piping to be tested. The designated piping shall be monitored for a minimum of four (4) hours. All buried leaks shall be located and repaired immediately and retested. All visible leaks must be repaired regardless of the measured leakage. No visible leakage will be allowed. b. Exfiltration Testing: The Contractor shall close all openings in the section of pipe to be tested. The hydrostatic water level of the pipe system shall be raised to a height equal to the maximum design submergence, but in no case less than 3 feet above the highest point in the line. The closed system shall be maintained for a minimum duration of 4 hours. Any loss of volume shall be noted. The line will not be accepted until this measured quantity is less than 25 gallons per inch of diameter of pipe per mile of pipe per 24 hours. All buried leaks shall be located and repaired as soon as possible. All visible leaks must be repaired regardless of the measured leakage. 15 05 00A - 5 2. If impractical to conduct the infiltration or exfiltration tests as specified, the line can be pressurized for low pressure air testing. The air test shall be made by attaching an air compressor or testing apparatus to a suitable opening. After closing all other inlets and outlets to the system, force air into the system until there is a uniform gauge pressure of 5 psi. This pressure shall be held constant without introduction of additional air for a period of at least 30 minutes. 3. The allowable limits of infiltration or exfiltration of manholes shall not exceed a rate of 0.165 gallons per manhole per hour. 4. Testing shall proceed for a continuous period of at least four hours, with exfiltration or infiltration amounts measured by approved methods. Upon application of internal hydrostatic pressure for exfiltration testing, care shall be taken to preclude unseating the joint gaskets for a specific type of pipe by exceeding the pressure capability thereof. 5. Should any test fail, necessary repairs shall be accomplished by the Contractor and the test repeated until within the established limits. The Contractor shall furnish the necessary labor, water and all other items required to conduct the required testing and shall perform the necessary system repairs required to comply with the specified test. 3.03 DISINFECTION A. Following pressure testing, the Contractor shall disinfect all sections of the water or reclaimed water distribution system, and receive approval thereof from the appropriate agencies, prior to placing in service. Advance notice shall be provided to the Engineer before disinfection procedures start. The disinfection shall be accomplished in accordance with the applicable provisions of AWWA Standard C651, "Disinfecting Water Mains", and all appropriate approval agencies. Testing shall be performed by approved, professional laboratory. B. The disinfecting agent shall be liquid chlorine or sodium hypochlorite solution conforming to Federal Specification O-S-602b Sodium Hypochlorite, Grade D. Dry hypochlorite, similar or equal to "HTH" may also be used as the disinfecting agent. C. The piping shall be disinfected by introducing the disinfecting agent into the water, which is being pumped into the system, in such manner that the entire system will be filled with water containing a minimum chlorine concentration of 50 ppm at any point. This water shall be allowed to remain in the system for a minimum contact period of eight hours before the system is flushed out. 15 05 00A - 6 D. After the disinfecting agents have been permitted to remain for the specified contact periods, the structures, pipelines, pumps and valves shall be thoroughly flushed with water until the residual chlorine tests are less than .2 ppm in each instance. The determination of the amount of residual chlorine in the system shall be made at such points and in accord with standard tests by means of a standard orthotolodine test set. E. After any units or portions of the system have been disinfected and flushed as specified, samples of water shall be taken from several points as applicable in suitable sterilized containers and the samples forwarded to an independent, approved testing laboratory for bacterial examination. If repeated tests of such samples show the presence of coliform organisms, the disinfection shall be repeated or continued until tests indicate the absence of pollution. Two consecutive daily samples of two samples per day per sampling point shall be satisfactorily tested, sent to the Florida Department of Environmental Regulation for their approval, and approved before the system is placed in service. F. The Contractor shall furnish all equipment and materials and perform the work necessary for the disinfecting procedures, including additional disinfection as required and testing lab services. 3.04 CONNECTION TO EXISTING SYSTEM A. All connections to existing mains shall be made after complete disinfection of the proposed system and shall be made under the direction of the owners of the existing system. Valves separating the mains being installed from existing mains shall be operated by or under the direction of said owner's representative. The cost of the work in making the connections shall be paid for by the Contractor. B. In the event the proposed main is to be connected to a main which has one or more active services between the point of connection and the first existing line valve, a temporary plug or cap shall be installed on the new main until the pressure tests and disinfecting are completed. Upon satisfactory completion, the cap or plug shall be removed from both mains and the connection made with pipe which has been swabbed out with a solution of chlorine and water. The connection shall be made as swiftly as possible and any water in the ditch shall be kept below the level of the pipe. The pipe line shall then be placed in service by the owner's personnel. C. In the event any existing users will be without water while a connection is being made, the Contractor shall give the Owner 48 hours notice. The Owner will notify residents when the water will be turned off and when service will be resumed. In some instances, these connections may have to be made at night. No user shall be without water service for more than two hours. 15 05 00A - 7 D. Cut overs from existing water service lines at the meter box shall be accomplished by City personnel after the new water mains have been "cleared" for use and the Contractor has installed the required new water line corporation stops, service lines and curb stops as shown on the contract plans. TABLE 15050 TREATMENT PLANTPIPING PRESSURE TEST SCHEDULE AND MATERIAL LISTING SERVICE MARK TEST PRESSURE IN PSIG MATERIAL Air A See Note 1 DIP OR SS Alum ALW(SO4)3 See Note 2 SCH. 80 PVC Backwash Air BWA See Note 1 DIP Backwash Water BWW 100 DIP Chlorinated Effluent CLE 100 DIP Chlorine Gas Pressure CGP 300, See Note 3 BLK. STEEL Chlorine Gas Vacuum CGV See Note 4 SCH. 80 PVC Chlorine Solution CS 100 SCH. 80 PVC Clarifier Effluent CE See Note 5 DIP Compressed Air CA 200 GS Dechlorinated Effluent DCLE See Note 5 DIP Dirty Backwash Water DBWW See Note 5 DIP Drain D See Note 5 SEE NOTE 6 Filter Effluent FE See Note 5 DIP Filter Influent FI See Note 5 DIP Filtrate F 100 DIP Grit GR 50 DIP Internal Recirculation IR 50 DIP Methanol M See Note 2 SCH. 80 PVC 15 05 00A - 8 SERVICE MARK TEST PRESSURE IN PSIG MATERIAL Mixed Liquor ML See Note 5 DIP Non-Potable Water NPW 150 SEE NOTE 7 Odor Control Duct OCD See Note 1 SEE NOTE 8 Potable Water PW 150 SEE NOTE 7 Plant Recycle PR 50 DIP Plant Recycle Drain PRD See Note 5 SEE NOTE 6 Polymer Liquid PYL See Note 2 SCH 80 PVC Polymer Solution PYS See Note 2 SCH 80 PVC Raw Sewage RS 50 DIP Return Activated Sludge RAS 50 DIP Reuse Water (Pressure) RW 150 DIP, HDPE or PVC Reuse Water (Gravity) RW 50 DIP Sanitary Sewer S See Note 5 SEE NOTE 6 Scum SC 50 DIP Seal Water SW See Note 9 SCH. 80 PVC Sodium Hydroxide NaOH See Note 2 SCH. 80 PVC Sodium Hypochlorite NaOC1 See Note 2 SCH. 80 PVC Sulfur Dioxide Gas Pressure SDGP 300, See Note 3 BLK. STEEL Sulfur Dioxide Gas Vacuum SDGV See Note 4 SCH. 80 PVC Sulfur Dioxide Solution SDS 100 SCH. 80 PVC Sulfuric Acid H2SO4 See Note 2 BLK. STEEL Sump Pump Discharge SPD 50 SCH. 80 PVC Thickened Waste Activated Sludge TWAS 100 DIP Waste Activated Sludge WAS 50 DIP 15 05 00A - 9 NOTES: 1. Discharge pipes shall be tested at 1.5 times the maximum output pressure of the blowers, but shall not be less than 50 psig. In addition, suction pipes, duct work or other vacuum conduits shall be vacuum tested at 1.5 times the maximum vacuum produced by blower operation. 2. Chemical feed piping shall be tested at 75 psig using compressed air. 3. Pneumatic test. Pressure test the system with nitrogen. Do not test through equipment. 4. Vacuum test. Perform pneumatic test to 100 psig using nitrogen. Do not perform pneumatic test through equipment. Afterward, perform vacuum test at 10 inch Hg VAC between vacuum regulator and chlorinator or sulphonator, and at 25 inch Hg VAC between chlorinator or sulphonator and injectors. 5. See Specification Section 15 05 00A, paragraph 3.02D for testing of non- pressure piping. Calculations for restraint of non-pressure piping shall use a valve of 15 psig. 6. Drains pipes/sanitary sewers shall be DR 18 PVC meeting AWWA C900 or C905 or Class 52 DIP. All drain pipes under structures shall be DIP and shall be concrete encased in accordance with the contract documents. 7. Piping for sizes less than 4 inches shall be Schedule 80 PVC or HDPE, (as indicated). All other sizes of pipe shall be DIP of Class 250 or (DR 18) PVC. All above ground piping outside of structure 3 inches and less shall be Schedule 80 PVC while piping above 3 inches in diameter shall be DIP. 8. Odor control duct work shall be vacuum tested at 1.5 times the maximum vacuum produced by blower operation, but shall not be tested at less than 10 inches water VAC. 9. Test pressure requirements for seal water piping shall be 1.5 times the maximum working pressure, but test pressure shall not be less than 100 psig. END OF SECTION 15 06 00-1 SECTION 15 06 00 HIGH DENSITY POLYETHYLENE (HDPE) PIPE AND FITTINGS PART 1 – GENERAL 1.01 SECTION DESCRIPTION A. This specification includes but is not limited to high-density polyethylene (HDPE) pressure pipe primarily intended for the transportation of water or sewage either buried or above grade. Approved grades of HDPE pressure pipe are PE3408, PE4710, and PE100 (ISO), with ductile iron pipe size (DIPS) outer diameters. 1.02 REFERENCES A. Reference: Title: 1. AWWA C901 Polyethylene (PE) pressure Pipe & Tubing, 1/2 inch through 3 inch for water 2. AWWA C906 Polyethylene (PE) pressure Pipe & Fittings, 4 inch through 63 inch for water 3. ASTM D3035 Standard Spec for PE Pipe (DR-PR) Based on Controlled Outside 4. Diameter ASTM D3261 Butt Heat Fusion PE Fittings for PE Pipe & Tubing 5. ASTM D3350 Standard Specification for PE Pipe & Fittings Materials 6. ASTM D1238 Melt Flow Index 7. ASTM D1505 Density of Plastics 8. ASTM D2837 Hydrostatic Design Basis 9. NSF Std. #14 Plastic Piping Components & Related Materials 10. TR-33/2005 Generic Butt Fusion Joining Procedure for Field Joining of PE Pipe 1.03 GENERAL A. USE 1. High Density Polyethylene (HDPE) pipes/fittings shall be allowed for use as water, wastewater and reclaimed water pressure pipe where compatible with the specific conditions of the project. The use of material other than HDPE pipe may be required by the Engineer if it is determined that HDPE pipe is unsuitable for the particular application. All material used in the production of water main piping shall be approved by the National Sanitation Foundation (NSF). 15 06 00-2 B. DOCUMENTATION 1. Documentation from the resin’s manufacturer showing results of the following tests for resin identification: a. Melt Flow Index ASTM D1238 2. Density ASTM D1505 C. MANUFACTURER 1. All HDPE pipe and fittings shall be from a single manufacturer, who is fully experienced, reputable and qualified in the manufacture of the HDPE pipe to be furnished. The pipe shall be designed, constructed and installed in accordance with the best practices and methods and shall comply with these Specifications. Qualified manufacturers shall be: PLEXCO Division of Chevron Chemical Company, DRISCOPIPE as manufactured by Phillips Products Co., Inc., SCLAIRPIPE as manufactured by DuPont of Canada or equal as approved by the Engineer. D. FINISHED PRODUCT EVALUATION 1. Production staff shall check each length of pipe produced for the items listed below. The results of all measurements shall be recorded on production sheets, which become part of the manufacturer’s permanent records. a. Pipe in process shall be checked visually, inside and out for cosmetic defects (grooves, pits, hollows, etc.) b. Pipe outside diameter shall be measured using a suitable periphery tape to ensure conformance with ASTM F714 or ASTM D3035, whichever is applicable. c. Pipe wall thickness shall be measured at 12 equally spaced locations around the circumference at both ends of the pipe to ensure conformance with ASTM F714 or ASTM D3035, whichever is applicable. d. Pipe length shall be measured. e. Pipe marking shall be examined and checked for accuracy. f. Pipe ends shall be checked to ensure they are cut square and clean. g. Subject inside surface to a “reverse bend test” to ensure the pipe is free of oxidation (brittleness). E. STRESS REGRESSION TESTING 1. The polyethylene pipe manufacturer shall provide certification that stress regression testing has been performed on the specific polyethylene resin being utilized in the manufacture of this product. This stress regression 15 06 00-3 testing shall have been done in accordance with ASTM D2837 and the manufacturer shall provide a product supplying a minimum Hydrostatic Design Basis (HDB) of 1,600 psi as determined in accordance with ASTM D2837. F. COMPATIBILITY 1. Contractor is responsible for compatibility between pipe materials, fittings and appurtenances. G. WARRANTY 1. The pipe MANUFACTURER shall provide a warranty against manufacturing defects of material and workmanship for a period of ten years after the final acceptance of the project by the OWNER. The MANUFACTURER shall replace at no expense to the OWNER any defective pipe/fitting material including labor within the warranty period. PART 2 - PRODUCTS 2.01 MATERIALS FOR PIPE SIZES 4-INCH DIAMETER AND LARGER A. Materials used for the manufacture of polyethylene pipe and fittings shall be made from an approved grade (PE 3408 at minimum) of high density polyethylene resin compound meeting cell classification 345434C per ASTM D3350; and meeting Type III, Class C, Category 5, Grade P34 per ASTM D1238. B. High Density Polyethylene (HDPE) pipe shall comply with AWWA Specifications C906. C. If rework compounds are required, only those generated in the Manufacturer’s own plant from resin compounds of the same class and type from the same raw material supplier shall be used. D. Dimensions and workmanship shall be as specified by ASTM F714. HDPE fittings and transitions shall meet ASTM D3261. HDPE pipe shall have a minimum density of 0.945 grams per cubic centimeter. All HDPE pipe and fittings shall have a Hydrostatic Design Basis (HDB) of 1,600 psi. E. HDPE pipe and accessories 4-inch diameter and larger, shall be 160 psi at 73.4meeting the requirements of Standard Dimension Ration (SDR) 17 as MINIMUM STRENGTH. F. The pipe Manufacturer must certify compliance with the above requirements. 15 06 00-4 2.02 MATERIALS FOR PIPE SIZES 2-INCH DIAMETER AND LESS A. Materials used for the manufacture of polyethylene pipe and fittings shall be made from an approved grade (PE 3408 at minimum) of high density polyethylene resin compound meeting cell classification 345434C per ASTM D3350; and meeting Type III, Class C, Category 5, Grade P34 per ASTM D1238. B. High Density Polyethylene (HDPE) pipes shall comply with AWWA Specifications C901. C. If rework compounds are required, only those generated in the Manufacturer’s own plant from resin compounds of the same class and type from the same raw material supplier shall be used. D. Dimensions and workmanship shall be as specified by ASTM D3035. HDPE fittings and transitions shall meet ASTM D3261. HDPE pipe shall have a minimum density of 0.945 grams per cubic centimeter. All HDPE pipe and fittings shall have a Hydrostatic Design Basis (HDB) of 1,600 psi. E. HDPE pipe and accessories 2” and less in diameter, shall be 160 psi at 73.4 F meeting the requirements of Standard Dimension Ration (SDR) 9 as MINIMUM STRENGTH. F. The pipe Manufacturer must certify compliance with the above requirements. 2.03 FITTINGS A. All molded fittings and fabricated fittings shall be fully pressure rated to match the pipe SDR pressure rating to which they are made. All fittings shall be molded or fabricated by the manufacturer. No Contractor fabricated fittings shall be used unless approved by the Engineer. B. The manufacturer of the HDPE pipe shall supply all HDPE fittings and accessories as well as any adapters and/or specials required to perform the work as shown on the Drawings and specified herein. C. All fittings shall be installed using butt-fused fittings, thermo-fused fittings/couplings, flanged adapters, or fused mechanical joint adapters and must be approved by the Engineer. NO size on size wet taps shall be permitted. D. All transition from HDPE pipe to ductile iron or PVC shall be made per the approval of the Engineer and per the HDPE pipe manufacturer’s recommendations and specifications. A molded flange connector adapter (or a molded mechanical joint adapter) within a carbon steel back-up ring assembly shall be used for pipe type transitions. Ductile iron back-up rings shall mate with cast iron flanges per ANSI B16.1. A 316 stainless steel back-up ring shall mate with a 316 stainless steel flange per ANSI B16.1. 1. Transition from HDPE to ductile iron fittings and valves shall be approved by the Engineer before installation. 15 06 00-5 2. Solid sleeves shall be allowed between such material transitions with the use of stainless steel inserts only in exceptional circumstances requiring written approval by the engineer. 3.Fittings and transitions shall be as manufactured by Phillips DRISCOPIPE, Inc., 1000 Series Pressure Pipe, Chevron Chemical Company Plexco/Spiralite pipe, or equal. 4.The pipe supplier must certify compliance with the above requirements. 2.04 PIPE IDENTIFICATION A. The following shall be continuously indent printed on the pipe or spaced at intervals not exceeding 5-feet: 1. Name and/or trademark of the pipe manufacturer. 2.Nominal pipe size. 3.Dimension ratio. 4.The letters PE followed by the polyethylene grade in accordance with ASTM 5.D1248 followed by the hydrostatic design basis in 100’s of psi, e.g., PE 3408. 6.Manufacturing standard reference, e.g., ASTM F714 or D-3035, as required. 7.A production code from which the date and place of manufacture can be determined. 8.Color Identification, either stripped by co-extruding longitudinal identifiable color markings or shall be solid in color and as follows: a.BLUE – Potable Water b.GREEN – Sanitary Sewer c.PURPLE – Reclaimed d.BROWN- Membrane Concentrate/Reverse Osmosis reject. B. Tracing Wire 1.Open trench installation of HDPE shall be identifiable per Specification Section “Plastic Pipe for Pressure Service” in Division 15. 15 06 00-6 2.Directional Drilled HDPE shall have wire conforming to Copperhead Industries Reinforced #1245 Extra-High Strength Tracer Wire and affixed to the drilling head/reamer. C. Marking Tape: Marking tape shall be installed per Engineer approval. PART 3 – EXECUTION 3.01 JOINING METHOD A. The pipe shall be joined with butt, heat fusion joints as outlined in ASTM D2657 and conform to the Generic Butt Fusion Joining Procedure for Field Joining of Polyethylene Pipe, Technical Report TR-33/2005, published by the Plastic Pipe Institute (PPI). All joints shall be made in strict compliance with the manufacturer’s recommendations. A factory qualified joining technician as designated by pipe manufacturer or experienced, trained technician shall perform all heat fusion joints in the presence of the Engineer or his representative. B. Lengths of pipe shall be assembled into suitable installation lengths by the butt- fusion process. All pipes so joined shall be made from the same class and type of raw material made by the same raw material supplier. Pipe shall be furnished in standard laying lengths not to exceed 50 feet and no shorter than 20 feet. C. On days butt fusions are to be made, the first fusion shall be a trial fusion in the presence of the Engineer or his representative. The following shall apply: 1.Heating plate surfaces shall be inspected for cuts and scrapes and shall be free of dirt and residue. Heater surfaces should be between 400OF (minimum) to 450OF (maximum). Measure the temperature @ 12:00, 3:00, 6:00 and 9:00 o’clock positions using a pyrometer of infrared thermometer at locations where the heating plate will contact the pipe/fitting ends. The maximum temperature difference between any two points on a single heating surface must not exceed 24OF. If this temperature is exceeded, the heating plate shall be cleaned per the manufacturer’s recommendations. 2.The fusion or test section shall be cut out after cooling completely for inspection. 3.The test section shall be 12” or 30 times (minimum) the wall thickness in length and 1” or 1.5 times the wall thickness in width (minimum). 4.The joint shall be visually inspected as to continuity of “beads” from the melted material, and for assurance of “cold joint” prevention (i.e. – joint shall have visible molded material between walls of pipe). Joint spacing between the walls of the two ends shall be a minimum of 1/16” to a maximum 3/16”. 15 06 00-7 5. The engineer or his representative may chose to waive this joint test following sufficient review of the initial test joint and provided Contractor continues such fuses with the same attention to method detail. D. The polyethylene flange adapters at pipe material transitions shall be backed up by stainless steel flanges conforming to ANSI B16.1 and shaped as necessary to suit the outside dimensions of the pipe. The flange adapter assemblies shall be connected with corrosion resisting bolts and nuts of Type 316 Stainless Steel as specified in ASTM A726 and ASTM A307. All bolts shall be tightened to the manufacturer’s specified torques. Bolts shall be tightened alternatively and evenly. After installation, apply a bitumastic coating to bolts and nuts. (This applies equally to mechanical joint adapters, as appropriate) 3.02 INSTALLATION A. High Density Polyethylene (HDPE) Pipe shall be installed in accordance with the instruction of the manufacturer, as shown on the Drawings and as specified herein. A factory qualified joining technician as designated by the pipe manufacturer shall perform all heat fusion joints. B. HDPE shall be installed either by Open Trench Construction or Directional Bore Method as outlined in this section under sub-part 3.02 – Installation, Item Q – Open Trench Installation or Item R – Directional Bore Installation of this Section. C. Care shall be taken in loading, transporting and unloading to prevent damage to the pipe. Pipe or fitting shall not be dropped. All pipe or fitting shall be examined before installation, and no piece shall be installed which is found to be defective. Any damage to the pipe shall be repaired as directed by the Engineer. If any defective pipe is discovered after it has been installed, it shall be removed and replaced with a sound pipe in a satisfactory manner by the Contractor, at his own expense. D. Under no circumstances shall the pipe or accessories be dropped into the trench or forced through a directional bore upon “pull-back”. E. Care shall be taken during transportation of the pipe such that it will not be cut, kinked or otherwise damaged. F. Ropes, fabric or rubber protected slings and straps shall be used when handling pipes. Chains, cables or hooks inserted into the pipe ends shall not be used. Two slings spread apart shall be used for lifting each length of pipe. G. Pipes shall be stored on level ground, preferably turf or sand, free of sharp objects, which could damage the pipe. Stacking of the polyethylene pipe shall be limited to a height that will not cause excessive deformation of the bottom layers of pipes under anticipated temperature conditions. Where necessary due to ground conditions, the pipe shall be stored on wooden sleepers, spaced suitably and of 15 06 00-8 such width as not to allow deformation of the pipe at the point of contact with the sleeper or between supports. H. Pipe shall be stored on clean level ground to prevent undue scratching or gouging. The handling of the pipe shall be in such a manner that the pipe is not damaged by dragging it over sharp and cutting objects. The maximum allowable depth of cuts, scratches or gouges on the exterior of the pipe is 5 percent of wall thickness. The interior pipe surface shall be free of cuts, gouges or scratches. I. Pipe shall be laid to lines and grade shown on the Drawings with bedding and backfill as shown on the Drawings. J. When laying is not in progress, including lunchtime, the open ends of the pipe shall be closed by fabricated plugs, or by other approved means. K. Sections of pipe with cuts, scratches or gouges exceeding 5 percent of the pipe wall thickness shall be removed completely and the ends of the pipeline rejoined. L. The pipe shall be joined by the method of thermal butt fusion, as outlined in PART 3 – Execution, Section 3.01 Joining Method. All joints shall be made in strict compliance with the manufacturer’s recommendations. M. Mechanical connections of the polyethylene pipe to auxiliary equipment such as valves, pumps and tanks shall be through flanged connections which shall consists of the following: 1. A polyethylene flange shall be thermally butt-fused to the stub end of the pipe. 2. A 316 stainless steel back up ring shall mate with a 316 stainless steel flange. 3. 316 stainless steel bolts and nuts shall be used. N. Flange connections shall be provided with a full-face neoprene gasket. O. All HDPE pipe must be at the temperature of the surrounding soil at the time of backfilling and compaction. P. If a defective pipe is discovered after it has been installed, it shall be removed and replaced with a sound pipe in a satisfactory manner at no additional cost to the Owner. All pipe and fittings shall be thoroughly cleaned before installation, shall be kept clean until they are used in the work and when laid, shall conform to the lines and grades required. Q. Open Trench Installation: 1. Refer to Specification Section “Excavation, Backfill, and Embankment” in Division 2 which shall apply in its entirety. 15 06 00-9 2.The centerline of the pipe shall not deviate from a straight line drawn between the centers of the openings at the ends of the pipe by more than 1/16-in per foot of length. If a piece of pipe fails to meet this requirement check for straightness, it shall be rejected and removed from the site. Laying instructions of the manufacturer shall be explicitly followed. 3.Good alignment shall be preserved during installation. Deflection of the pipe shall occur only at those places on design drawings and as approved by the Engineer. Fittings, in addition to those shown on the Drawings, shall be used only if necessary or required by the Engineer. 4. Each length of the pipe shall have the assembly mark aligned with the pipe previously laid and held securely until enough backfill has been placed to hold the pipe in place. Joints shall not be “pulled” or “cramped”. 5. Precautions shall be taken to prevent flotation of the pipe in the trench. 6.When moveable trench bracing such as trench boxes, moveable sheeting, shoring or plates are used to support the sides of the trench, care shall be taken in placing and moving the boxes or supporting bracing to prevent movement of the pipe, or disturbance of the pipe bedding and the backfill. Trench boxes, moveable sheeting, shoring or plates shall not be allowed to extend below top of the pipe. As trench boxes, moveable sheeting, shoring or plates are moved, pipe bedding shall be placed to fill any voids created and the backfill shall be recompacted to provide uniform side support for the pipe. 7.Restrained joints shall be installed where shown on the Drawings or as directed by the Engineer. R. Directional Bore Installation: 1.Refer to Specification "Horizontal Directional Drilling" in Division 2, which shall apply in its entirety. 3.03 CLEANING A. At the conclusion of the work, thoroughly clean all of the new pipe lines to remove all dirt, stones, pieces of wood or other material which may have entered during the construction period by forcing a cleaning swab through all mains 4” or greater. Flushing velocities shall be a minimum of 2.5 feet per second. All flushing shall be coordinated with the Engineer and the Utility Department providing the flushing water. Debris cleaned from the lines shall be removed from the job site. 15 06 00-10 3.04 TESTING A. Pressure testing shall be conducted per Manufacturer’s recommendations and as approved by the Engineer. If manufacturer provides no sufficient pressure test protocol recommendation, Contractor shall follow the procedure outlined in sub- part 3.04-Testing, paragraph E of this section. B. All HDPE water mains shall be disinfected prior to pressure testing as per Section 15050A. C. All HDPE mains shall be field-tested. Contractor shall supply all labor, equipment, material, gages, pumps, meters and incidentals required for testing. Each main shall be pressure tested upon completion of the pipe laying and backfilling operations, including placement of any required temporary roadway surfacing. D. All mains shall be tested at 150 percent of the operating design pressure of the pipe unless otherwise approved by the Engineer. E. Pressure testing procedure shall be per Manufacturer’s recommendations or as follows: 1. Fill line slowly with water. Maintain flow velocity less than 2 feet per second. 2. Expel air completely from the line during filling and again before applying test pressure. Air shall be expelled by means of taps at points of highest elevation. 3. Apply initial test pressure and allow to stand without makeup pressure for two to three hours, to allow for diametric expansion or pipe stretching to stabilize. Repeat as necessary until pressure stabilizes for two hours. 4. After this equilibrium period, apply the specified test pressure and turn the pump off. The final test pressure shall be held for two (or more) hours. 5. Upon completion of the test, the pressure shall be bled off from a location other than the point where the pressure is monitored. The pressure drop shall be witnessed by the resident project representative and utility system representative at the point where the pressure is being monitored and shall show on the recorded pressure read-out submitted to the Engineer of Record. F. The engineer shall have discretion on a case by case basis to approve the use of makeup water for expansion observed during pressure test. If permitted, the maximum allowable amount of makeup water for expansion during the pressure test shall conform to table 1, Allowance for Expansion Under Test Pressure, in this section. If there are no observed 15 06 00-11 leaks or significant pressure drops during the final test period, the installed pipe passes the test. Table 1 Allowance for Expansion Under Test Pressure (US Gallons per 100 Feet of Pipe at 73.4ºF) Nominal Pipe Size 1 hour test 2 hour test 3 hour test 3 0.10 0.15 0.25 4 0.13 0.25 0.40 6 0.30 0.60 0.90 8 0.50 1.00 1.50 10 0.70 1.30 2.10 12 1.1 2.3 3.4 14 1.4 2.7 4.2 16 1.7 3.3 5.0 18 2.2 4.3 6.5 20 2.7 5.5 8.0 22 3.5 7.0 10.5 24 4.5 8.9 13.3 28 5.5 11.1 16.7 32 7.0 14.3 22.5 36 9.0 18.0 27.0 40 11.0 22.0 33.0 42 12.5 25.0 37.5 48 16.0 32.0 48.0 54 20.5 41.5 62.0 63 28.0 60.0 85.0 Source: Model Specification per Sclair Pipe ® HDPE Pipe, Table 1 G. If any test of pipe laid disclosed leakage significant pressure drop greater than the manufacturer’s recommended loss, the Contractor shall, at his/her own expense, locate and repair the cause of leakage and retest the line. The amount of leakage, which will be permitted, shall be in accordance with AWWA C600 Standards. H. All visible leaks are to be repaired regardless of the amount of leakage. I. The Contractor shall notify the engineer and the utility system representative a minimum of 48 hours prior to test. END OF SECTION 15 10 00 - 1 SECTION 15 10 00 PROCESS AND UTILITY PIPING, FITTINGS, VALVES AND ACCESSORIES PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: The work included in this Section consists of furnishing all labor, equipment and materials and in performing all operations necessary for the construction or installation of all process and utility piping, valves, valve boxes and all castings and appurtenances within, complete and ready for operation as shown on the Drawings and specified herein. 1.02 QUALITY ASSURANCE A. Construction Requirements: 1. All underground lines shall be installed with at least 30 inches of cover or as detailed on the drawings. 2. For underground utilities changes in pipe alignment and use of fittings may be allowed, subject to approval of the Engineer as to layout. Deflection shall not exceed 80 percent of the maximum allowable deflection as stated in the pipe manufacturer's installation instructions. B. Pipe Inspection: 1. The Contractor shall obtain from the pipe manufacturers a certificate of inspection to the effect that the pipe and fittings supplied for this Contract have been inspected at the plant and that they meet the requirements of these specifications. Certification shall be stamped with corporate seal. 2. All pipe and fitting shall be subject to visual inspection at time of delivery by rail or truck and also just before they are lowered into the trench to be laid. Joints or fittings that do not conform to these specifications will be rejected and must be removed immediately by the Contractor. 3. The entire product of any plant may be rejected when, in the opinion of the Engineer, the methods of manufacture fail to secure uniform results, or where the materials used are such as to produce inferior pipe or fittings. 15 10 00 - 2 1.03 SUBMITTALS A. Shop Drawings: 1.In general one (1) electronic original in PDF format of the following shop drawings shall be submitted to the Engineer for approval prior to construction: a.Mill test certificates or certified test reports on pipe and fittings b.Details of restrained and flexible joints c. Valve vaults d.Valve boxes e.All gate, plug, ball, solenoid, check valves, and automatic air release valves f.Couplings g.Service saddles, curb & corp stops. h. Flexible expansion joints i.Pressure gauges j. Identification tape k. Joint lubricant l.Detailed piping layout drawings and pipe laying schedule m.Temporary plug and anchorage system for hydrostatic pressure test n. Tie rods o.Reduces pressure backflow preventers. 2.A separate shop drawing submittal will be required for each major item listed above and for each different type of an item within a major item. For example, separate submittals will be required for gate, plug, ball, solenoid, check and automatic air release valves. All submittals shall be in accordance with the General Conditions and the Supplementary Conditions. B. Acceptance of Material: 1.The Contractor shall furnish an Affidavit of Compliance certified by the pipe manufacturer that the pipe, fittings and specials furnished under this Contract comply with all applicable provisions of current AWWA and ASTM Standards and these Specifications. No pipe or fittings will be accepted for use in the work on this project until the Affidavit has been submitted and approved by the Engineer. 2.The Owner reserves the right to sample and test any pipe or fitting after delivery and to reject all pipe and fittings represented by any sample which fails to comply with the specified requirements. 15 10 00 - 3 C. Operation and Maintenance Manuals: 1. Submit copies of operation and maintenance manuals for all the items requiring routine maintenance. 1.04 DELIVERY, STORAGE AND HANDLING A. During shipping, delivering and installing pipe, fittings, valves, backflow preventers, and accessories, they shall be handled in such manner as to ensure a sound undamaged condition. B. Particular care shall be taken not to damage the pipe coating. C. Insides of valves and backflow preventers shall be kept free of dirt and debris. 1.05 JOB CONDITIONS A. Water in Excavation: 1. Water shall not be allowed in the trenches while underground pipes are being laid and/or tested. The Contractor shall not open more than 100’ of trench than the available pumping facilities are able to dewater to the satisfaction of the Engineer. The Contractor shall assume responsibility for disposing of all water so as not to interfere with the normal drainage of the territory in which he is working. 2. In no case shall the pipelines being installed be used as drains for such water, and the ends of the pipe shall be kept properly and adequately plugged during construction by the use of approved stoppers and not by improvised equipment. All necessary precautions shall be taken to prevent the entrance of mud, sand, or other obstructing matter into the pipelines. If on completion of the work any such materials have entered the pipelines, it must be cleaned as directed by the Engineer so that the entire system will be left clean and unobstructed. PART 2 - PRODUCTS 2.01 DUCTILE IRON PIPE AND FITTINGS A. Ductile Iron Pipe: Ductile iron pipe shall be domestically (USA) produced and conform to the requirements of ANSI/AWWA C150/A21.50, latest revision. The minimum thickness class for all pipe greater than 12" diameter shall be pressure Class 250, and all pipe 12" or less in diameter shall be pressure Class 350. 15 10 00 - 4 B. Pipe shall have a minimum rated water working pressure of 250 psi and shall be furnished in laying lengths of 20 feet or less, unless specifically shown otherwise on the Drawings. The pipe shall be lined and coated as specified below. 1. Interior Lining for Raw Activated Sludge (RAS), Sludge Lines and Force Mains: Ductile iron fittings and specials shall be coated with 40 mils nominal dry film thickness of Protecto 401 or approved equal in accordance with the manufacturers recommended actions. 2. Interior Lining for Potable and Reclaimed Water Piping: Ductile iron pipe, fittings and specials shall be cement lined in accordance with ASNI/AWWA C104, current revision, "Cement-Mortar Lining for Ductile Iron and Gray Iron Pipe and Fittings for Water". The cement lining shall have a standard thickness and after curing the lining shall have a seal coat of bituminous material in accordance with ANSI/AWWA C104, current revision. 3. Exterior Coatings: The exterior of ductile iron pipe fittings and specials to be installed underground shall be coated at the factory with standard bitumastic coating. 4. Polyethylene Encasement: Where indicated the Contractor shall utilize polyethylene encasement in accordance with ANSI/AWWA C105-T1. The polyethylene shall conform to ASTMD-1248-68 and be color coded to the service application. 5. Ductile iron pipe, fittings and specials to be installed aboveground shall be furnished with a shop applied primer on the exterior. The shop primer shall be as specified in accordance with manufacturers recommendations. C. Fittings: Fittings for ductile iron pipe shall be domestically (USA) produced either mechanical joint, restrained joint or flanged joint as indicated on the Drawings and shall have a minimum working pressure of 250 psi. Fittings shall be ductile iron and shall conform to ANSI/AWWA C110, ANSI/AWWA C111 and ANSI/AWWA C153, latest revisions for flanged and mechanical joint pipe. Fittings shall be coated and lined as specified above for ductile iron pipe. The rubber gaskets for flanged, mechanical, and push on joints shall be as described below. D. Push-On Joints: Pipe using push-on joints shall be in strict accordance with ANSI/AWWA C111, latest revision and shall be as manufactured by American Cast Iron Pipe Company (Fastite Joint), United States Pipe Company (Tyton Joint), or Clow Corporation (Super Bell Tite Joint). Jointing materials shall be provided by the pipe manufacturer and installation shall be in strict accordance with the manufacturer's recommended practice. 15 10 00 - 5 E. Mechanical Joints: Jointing materials for mechanical joints shall be provided by the pipe and fitting manufacturer. Materials assembly and bolting shall be in strict accordance with ANSI/AWWA C111 and ANSI/AWWA C153, latest revisions. Tee head bolts and nuts for mechanical joints shall be manufactured of CORTEN, high strength, low alloy, and corrosion resistant steel as manufactured by NSS Industries, Plymouth, Michigan or an equal approved by the Engineer. F. Flanged Joints: Flanges shall be American Standard for 125 pound steam pressure with any special drilling and tapping as required to insure correct alignment and bolting. Gaskets shall be rubber full face type, minimum thickness of 1/8 inch. Flanged joints shall be made with bolts and nuts, studs with a nut on each end, or studs with nuts where the flange is tapped. G. The number of size of bolts shall conform to the same American National Standard as the flanges. Unless noted otherwise, bolts and nuts shall be Grade B conforming to the ASTM Specifications for Steel Machine Bolts and Nuts and Tap Bolts, Designation A 307. Bolts and studs shall be of the same quality as machine bolts. Bolts and nuts shall have hexagonal heads. Where noted on the Drawings or where flanges are underground, stainless steel nuts and bolts shall be used for flanges. Stainless steel shall be Type 316 in accordance with ASTM A320, Class 2. 1. Machined Surfaces: Machined surfaces shall be cleaned and coated with a suitable rust preventative coating at the shop immediately after being machined. H. Restrained Joints: Restrained joints shall be provided for all buried piping systems at the location required to restrain the system thrust. Pipe joints and fitting shall be restrained as specified below. 1. Manufactured Restrained Joints: Manufactured restrained joints shall be Flex-Ring, Lok-Ring or Lok-Fast manufactured by the American Cast Iron Pipe Company, Lok-Tyte or Tr-Flex Type manufactured by the United States Pipe Company as manufactured by McWane, or an equal approved by the Engineer. Joints shall be manufacturer's standard specifically modified push-on type joints with joint restraint provided by ductile iron retainer rings joined together by corrosion resistant, high strength steel tee head bolts and nuts or with joint restraint provided by a welded on retainer ring and a split flexible ring assembled behind the retainer ring. 2. Restrained joint pipe and fittings shall be ductile iron only and shall comply with applicable portions of this specification. Manufactured restrained joints shall be capable of deflection during assembly. Deflection shall not exceed 80 percent of the manufacturer's recommendations. 15 10 00 - 6 3. Tee head bolts and nuts for restrained joints shall be manufactured of CORTEN, high strength, low alloy, corrosion resistant steel as manufactured by NSS Industries, Plymouth, Michigan, or an equal approved by the Engineer. I. Alternate Restrained Joints: 1. When prior approval is obtained from the Engineer, ductile iron pipe and fittings with mechanical joints may be restrained using a follower gland which includes a restraining mechanism. When actuated during installation, the restraining device shall impart multiple wedging action against the pipe wall which increases resistance as internal pressure in the pipeline increases. The pipe must be suitable for use with the proposed device. 2. The joint shall maintain flexibility after installation. Glands shall be manufactured of ductile iron conforming to ASTM A536 and restraining devices shall be of head treated ductile iron with a minimum hardness of 370 BHN. The gland shall have standard dimension and bolting patterns for mechanical joints conforming to ASNI/AWWA C111 and C153, latest revisions. 3. Tee head bolts and nuts shall be manufactured of corrosion resistant, high strength, low alloy CORTEN steel in accordance with ASTM A242. 4. The restraining wedges shall have twist off nuts to insure proper torquing. The mechanical joint restraint device shall have a minimum working pressure rating of 250 psi with a minimum safety factor of 2 to 1 and shall be MEGALUGR as manufactured by EBBA Iron, Inc. No other retainer gland type device will be acceptable. After installation prior to backfilling, all parts of the joint restraint system shall be coated with coal tar epoxy equal to Kop-Coat Bitumastic No. 300-M. 5. When prior approval is obtained from the Engineer, ductile iron pipe and fittings with push on joints may be restrained using a restraining gasket similar to the "Field Lok" gasket manufactured by U.S. Pipe & Foundry. The device must be suitable for the pipe and pressure rating intended and is subject to approval by the Engineer. The required length of restrained joint pipe shall be provided on either side of all valves and fittings employing restraining devices. Restrained lengths shall be calculated per DIPRA standards based on Type II laying conditions and an operating pressure of 150 psi, unless otherwise indicated. 15 10 00 - 7 2.02 POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS A. Gravity Drainage Piping: PVC pipe used for gravity drainage piping installed underground shall be SDR 26 pipe. Fittings shall be as specified in Section 02 55 00. B. Small PVC Pressure Piping: Unless otherwise specified, all PVC pressure pipe smaller than 4 inches nominal diameter shall be Schedule 80 PVC or Endot Endpure HDPE, (as shown). Schedule 80 pipe shall have either solvent welded or threaded joints. PVC pressure pipe shall bear the approved seal of the National Sanitation Foundation (NSF). PVC pipe that is exposed to sunlight shall be manufactured with additives to provide resistance to ultraviolet deterioration. No glued joint pipe shall be installed below ground, unless other specified. All water pipe is to be Class 200 (DR 21) gasketed bell and spigot pipe blue in color. C. Fittings: Socket type, solvent welded fittings for Schedule 80 PVC pipe shall be in conformance with ASTM D2467. Threaded type fittings for Schedule 80 PVC pipe shall be in conformance with ASTM D2464. All solvent welded or threaded joints shall be watertight. D. Flanges: Flanges for Schedule 80 PVC pipe shall be rated for a 150 psi working pressure with ANSI B16.1 dimensions and bolting pattern. Flanges shall be connected to PVC piping with either solvent welded or threaded joints in accordance with ASTM D2467 or ASTM 2464, respectively. Gaskets shall be neoprene, full faced type with a minimum thickness of 1/8 inch. Nuts and bolts shall be hexagonal with machine threads, manufactured of Type 316 stainless steel in accordance with ASTM A320, Class 2. Type 316 stainless steel flat washers with lock washers shall be used against PVC flanges. E. Solvent Cement: PVC solvent cement shall be in compliance with ASTM D2564 and in accordance with the pipe manufacturer's recommendations. F. Thread Lubricant: Lubricant for Schedule 80 threaded joints shall be Teflon tape only. G. Polyvinyl Chloride Pipe 4 Inches and Larger in Size for Pressure Service: Polyvinyl chloride pipe for nominal diameters 4 inches to 12 inches in size shall conform to the requirements of AWWA C900 with a dimension ratio of DR 18, pressure class 150, and gasketed integral bell ends. For PVC pipe larger than 12 inches for pressure service, the pipe shall conform to the requirements of AWWA C-905 with a minimum DR of 25, pressure rating of 165 psi, with gasketed integral bell ends. Pipe shall be designed for maximum working pressure of not less than 150 psi and with not less than a 4 to 1 sustained hydrostatic pressure safety factor. Fittings for C-900 PVC pipe shall be ductile iron fittings with restrained joint ends for potable water or reclaimed water lines, and restrained PVC fittings for sanitary force mains. 15 10 00 - 8 H. All PVC pipe installed shall be color coded for the service intended. Potable water piping shall be extruded blue, reclaimed water shall be lavender, force main white, and gravity sewer green. Care shall be taken to avoid exposure to sunlight. Pipe should be marked for its use in three places on the pipe barrel. I. Joints (4 Inches and Larger PVC Pipe): 1. Bell and Spigot: a. Pipe joints shall be made with integral bell and spigot pipe ends. The bell shall consist of an integral thickened wall section designed to be at least as strong as the pipe wall. The bell shall be supplied with factory glued rubber ring gasket with conforms to the manufacturer's standard dimensions and tolerances. The gasket shall meet the requirements of ASTM F477 "Elastomeric Seals (Gaskets) for Joining Plastic Pipe". PVC joints shall be "Ring- Tite" as manufactured by J-M Manufacturing Company, Inc. or an equal approved by the Engineer. 2. Restrained Joints: a. Where indicated on Drawings, to prevent pipe joints and fittings from separating under pressure, pipe joints and fittings shall be restrained as follows: 1) PVC pipe bell and spigot joints shall be restrained with EBBA Iron MEGALUGR Series 1500 Restrainer or an equal approved by the Engineer. The restraining device and Tee head bolts shall be manufactured of high strength ductile iron meeting ASTM A536, Grade 65-42-10. Clamping bolts and nuts shall be manufactured of corrosion resistant high strength, low alloy CORTEN steel meeting the requirements of ASTM A242. b. Cast iron mechanical joint fittings used with PVC pipe shall be restrained with the EBBA Iron MEGALUGR Series 2000 PV Restrainer or an equal approved by the Engineer. The restraining device and Tee head bolts shall be manufactured of high strength ductile iron meeting ASTM A536, Grade 65-42-10. Clamping bolts and nuts shall be manufactured of corrosion resistant high strength, low alloy CORTEN steel meeting the requirements of ASTM A242. c. Thrust Blocking. Provided concrete reaction or thrust backing on all pressure pipe lines four (4) inches in diameter or larger (except 15 10 00 - 9 those having flanged joints or restrained joints) at all tees, plugs, caps, and at bends defecting 222E or more, or movement shall be prevented by attaching suitable metal rods or straps as directed by the Engineer. Concrete used for this purpose shall be Class "C". Reference reaction blocking table is shown on construction plan details. d. Joint restraint. Push on joints on either side of valves and fittings restrained by mechanical restraining devices shall be restrained with "Uni-Flange" mechanisms. The number of restrained joints shall be determined by DIPRA methods and a laying schedule shall be provided for approval by the Engineer prior to installation of joint restraint. 2.03 PVC FITTINGS (4 INCHES AND LARGER PVC PIPE) A. Fittings shall be PVC and manufactured of the same design as the PVC pipe. PVC fittings 4 inches through 36 inches shall be PVC injection molded made of materials meeting or exceeding the requirements of cell class 12454-B material as defined in ASTM D1784. Fittings shall be manufactured with pipe that meets or exceeds AWWA C-905 standard. All PVC fittings must comply with or exceed ANSI/AWWA C907, Uni-B-12, and Uni-B-14 standards. All PVC fittings must be certified by CSA to the CSA B137.3 standard as third party certification. The fittings must be of the same design as the PVC pipe with an HDB of 4000 psi and minimum SDR 25 wall thickness design. All fittings must have UL-FM approval, and shall comply with or exceed all ASTM Standards for fittings. Fittings must have NSF-61 certification for contact with potable water. PVC fittings shall be pressure rated to 165 psi or greater. B. All restrained joint systems shall be pressure rated the same as the PVC pipe and fittings. All components of the restraint system shall meet or exceed all requirements of ANSI/AWWA C-111/A21.11 latest revision. Restraints shall provide a full 360 degree contact on the pipe with sufficient gripping action to secure the clamp to the pipe and be designed so that the restraint action is increased as a result of increases in the line pressure. Restraint devices for PVC pipe and fittings shall consist of split restraint ring installed on the spigot, connected to a split ring which seats behind the gasket race of the fitting. The split restraint ring shall incorporate a series of machined serrations (not “as cast”) on the inside diameter to provide positive restraint, exact fit and 360 degree contact and support of the pipe wall. The two halves of the split backup ring shall interlock without the need for additional bolts and shall form a beveled leading edge to assure exact fit behind the fitting gasket race. Restraint devices shall be of ductile iron, ASTM A536, Grade 65-45-12 and connecting bolts shall be of high strength, low alloy material in accordance with ASNI/AWWA C111/A21.11. Restraint devices shall be Uni-Flange 1300 series or other approved restrained joint devices. 15 10 00 - 10 2.04 WALL SLEEVES, SEALS, PIPES AND NON-STANDARD CASTINGS A. Wall Sleeves: Wall sleeves shall be of cast iron, ductile iron or carbon steel. The sleeve shall be hot dipped galvanized after fabrication and shall have a waterstop located in the center of the wall. Sleeves shall be provided with seals and shall be sized as required for the installation of seals. Sleeves shall terminate flush with finished surfaces of walls and ceilings, and shall extend 2 inches above the finished floor unless otherwise shown on the Drawings. 1. Wall sleeves shall be installed for all piping passing through building walls and floors, except where noted on the Drawings. Sleeves shall be of sufficient size to pass the pipe without binding. Escutcheons shall be provided at walls and floor to completely conceal the sleeves smaller than 3 inches. Escutcheons shall be 304 SS split-type. B. Wall Sleeve Seals: Wall sleeve seals shall be modular mechanical type consisting of interlocking synthetic rubber links shaped to continuously fill the annular space between the pipe and wall sleeve. Links shall be loosely assembled with bolts to form a continuous rubber belt around the pipe with a pressure plate under each bolt head and nut. After the seal assembly is positioned in the sleeve, tightening of the bolts shall cease the rubber sealing elements to expand and provide an absolutely water-tight seal between the pipe and wall sleeve. The synthetic rubber shall be suitable for exposure to sludge and groundwater. Bolts, nuts and hardware shall be 18-8 stainless steel. The seals shall be Link Seal as manufactured by Thunderline Corporation or equal, and the wall sleeve and seal shall be sized as recommended by the seal manufacturer. C. Wall Pipes: Wall pipes shall be of the size and types indicated on the Drawings. All wall pipes shall be of ductile iron and shall have a central fin not less than 2 inch thick and the same diameter as the bolting flange cast midway of the length to form a waterstop. Each wall pipe shall be of the same grade, thickness and interior coating as the piping to which it is joined. Those portions of the wall pipes that are buried shall have a coal tar epoxy outside coating. D. Non-Standard Fittings and Castings: Fittings having non-standard dimensions and cast especially for this project shall be of an approved design. Fittings shall be manufactured to meet the requirements of the same specifications and shall have the same diameter and thickness as standard fittings but laying lengths and types of ends shall be determined by positions in the pipelines and by the particular piping to which it is connected. Flange facing and drilling shall conform to the 125 pound American National Standards Institute. Where require, flanges shall be drilled and tapped for studs. Other dimensions shall be substantially equal to corresponding parts of standard bell and spigot fittings. 15 10 00 - 11 2.05 PIPE COUPLINGS A. Couplings: 1. Pipe couplings used to joint two pieces of plain end pipe shall be sized to suit the outside diameter of the pipe ends to be jointed. Transition couplings shall be used to join pipes of different outside diameters. Pipe couplings shall be bolted type with steel middle ring and end followers. The couplings shall be restrained for the test pressure of line using approved retaining system. 2. All carbon steel parts of the coupling shall be coated on the interior and exterior with a fusion bonded thermosetting epoxy coating with a 12 mil nominal coating thickness. The coating shall be equal to AL-CLAD as manufactured by Dresser Industries, Inc. 3. Gaskets for the coupling shall be wedge type manufactured of Buna-N resilient rubber. 4. Bolts shall be manufactured of high strength Type 304 stainless steel with Type 316 stainless steel hexagonal nuts. Bolts and nuts shall conform dimensionally to ANSI/AWWA C111, latest revision. 5. Couplings shall be Style 38 as manufactured by Dresser Industries, Inc. or an equal approved by the Engineer. 2.06 PVC BALL AND BALL CHECK VALVES A. PVC Ball Valves: All PVC ball valves 2 inch through 4 inch in size shall be of a one piece capsule type manufactured of Type 1, Grade 1 PVC. Ball valves shall be true union design with two-way blocking capability and shall have solvent welded socket or NPT threaded ends. Ball valves shall have Teflon seats with Viton backing cushions and Viton O-ring seals, and shall be designed for a 150 psi water working pressure at 120EF. Valves shall be supplied with ABS lever operating handles. PVC ball valves shall be manufactured by Asahi/America, or equal approved by the Engineer. B. PVC Ball Check Valves: All PVC ball check valves 1 inch through 2-1/2 inch in size shall be of a solid thermoplastic construction manufactured of Type 1, Grade 1 PVC. Ball check valves shall be true union design with solvent welded socket or NPT threaded ends. Ball check valves shall be furnished with a solid thermoplastic ball. Ball seat shall be Teflon coated Viton. The same seal shall function as both the ball seat and the union seal. PVC ball check valves shall be designed for a 150 psi water working pressure at 120EF. Valves shall be manufactured by Asahi/America, or an equal approved by the Engineer. 15 10 00 - 12 2.07 GATE VALVES A. Bronze Gate Valves: Gate valves installed aboveground, less than 2 inches in size and smaller, shall be Class 150 all bronze valves conforming to Fed. Spec. WW- V-54d, Type I, Class B designed for a non-shock water pressure of 300 psi. Bronze for valve body and internals shall be in accordance with ASTM B16.18. Valves shall be furnished with screwed ends, handwheel operator, non-rising stem, one-piece solid wedge disc and screwed bonnet. Valves shall be as manufactured by Crane, Powell or an approved equal. B. Ductile Iron Gate Valves: 1. Ductile iron gate valves shall open by turning to the left (counter- clockwise), when viewed from the stem. When fully open, gate valves shall have a clear waterway equal to the nominal diameter of the pipe. Operating nut or hand wheel shall have an arrow cast in the metal indicating the direction of opening. Each valve shall have the manufacturer's distinctive marking, pressure rating and year of manufacture cast in the body. Prior to shipment from the factory, each valve shall be tested by applying to it a hydrostatic pressure equal to twice the specified working pressure. Hydrostatic and leakage tests shall be conducted in strict accordance with ANSI/AWWA C509/515, latest revisions. 2. Gate valves with nominal sizes from 2 to 24 inches shall conform to ASNI/AWWA C509/C515, latest revision, and shall be designed for a minimum working pressure of 250 psi. Valves 16” and larger shall be AWWA C515 resilient seat only. Valves shall be ductile iron body resilient seat type with O-ring stem seals. The valve stem, stem nut, glands and bushings shall be manufactured of ASTM B763 copper alloy with a zinc content of less than 10%. Valve disc shall be constructed to assure uniform seating pressure between disc and body seating surface. Resilient seat of valve shall be formed by an EPDM which is permanently bonded to and completely encapsulates a ductile iron valve disc. Interior of valve body shall be coated with a fusion bonded, thermosetting epoxy coating in accordance with AWWA C550, latest revision. Coating shall be 6-12 mils nominal thickness. Surfaces shall be clean, dry and free from rust and grease before coating. Exterior surfaces shall be coated as specified hereinafter. Resilient seated type gate valves shall be as manufactured by U.S. Pipe, Clow, or American Darling, unless specifically required otherwise by City standards. 3. Valve Joints: All gate valves shall have either mechanical joint, restrained joint or flanged ends to fit the pipe run in which they are to be used. Gate valves installed on push on joint pipe shall have mechanical joint ends unless otherwise specified. 15 10 00 - 13 4. Valve Operators: Gate valves shall open left (counter-clockwise) when viewed from the stem. Unless otherwise shown on the Drawings or specified herein, gate valves shall have non-rising stems. Buried gate valves shall be furnished with a 2 inch square AWWA standard nut operator with a valve box and cover. Gate valves located aboveground or inside structures shall be furnished with a handwheel operator which shall have an arrow cast in the metal indicating the direction of opening. Gate valves used as isolation valves for reduced pressure backflow preventers shall be of the open screw and yoke (OS&Y) design with a handwheel operator. 5. Exterior Valve Coatings: All exterior surfaces of iron body gate valves shall be clean, dry and free from rust and grease before coating. For buried service, the exterior ferrous parts of all valves shall be coated at the factory with fusion bonded epoxy in compliance with ANSI/AWWA C550. Prior to backfilling, all uncoated units, bolts, glands, rods and other parts of joints shall be coated in the field with coal tar epoxy equal to Kop- Coat Bitumastic No. 300-M. For valves installed aboveground, the exterior ferrous parts of all valves shall be shop primed at the factory with one coat, minimum dry film thickness 1.5 mils, of a primer with rust- inhibitive pigments and synthetic resins. Following installation, aboveground valves shall be finish painted in accordance with manufactures recommendations. 2.08 PINCH CHECK VALVES A. Valves are to be of the flow operated check type with flanged joint ends on both check sleeve and metal body. Port areas shall be 100% of the mating pipe port area. The port area shall contour down to a duckbill which shall allow passage of flow in one direction and prevent reverse flow in the other direction. The flexible duckbill sleeve shall be one piece rubber construction with fabric reinforcement. The flange shall be drilled to ASNI B16.1, Class 125/ANSI B16.5 Class 150 standard. Valve body shall be drilled and tapped for flushing connection on top and bottom of the housing. Valve body shall be two piece split body construction. The two halves shall be sealed by diamond shaped cross section rubber gaskets permanently locked by a groove cast in the valve body. Company name and location shall be cast onto the valve body. The valve shall be designed for a maximum back pressure of 100 psi. The valve shall be red valve series 33 or equal. B. Interior Valve Coating: Prior to shipment from the factory, the interior ferrous surfaces of the valve, except for finished, non-ferrous or bearing surfaces, shall be coated with a fusion bonded, thermosetting epoxy coating in accordance with AWWA C550, latest revision. Coating shall be holiday free with a minimum 15 10 00 - 14 thickness of 12 mils. Surfaces shall be clean, dry and free from rust and grease before coating. C. Exterior Valve Coating: All exterior surfaces of swing check valves shall be clean, dry and free from rust and grease before coating. For valves installed in below ground valve vaults, the exterior ferrous parts of all valves shall be coated at the factory with coal tar epoxy with a minimum total finish dry film thickness of 20 mils. Following installation, all uncoated nuts, bolts, glands, rods and other parts of joints shall be coated in the field with coal tar epoxy equal to Kop-Coat Bitumastic No. 300-M. For valves installed aboveground, the exterior ferrous parts of all valves shall be shop primed at the factory with one coat, minimum dry film thickness 1.5 mils, of a primer with rust-inhibitive pigments and synthetic resins. Following installation aboveground valves shall be finish painted in accordance with manufacturer’s recommendations. 2.09 PLUG VALVES A. General: Plug valves shall be non-lubricated eccentric type with flanged or mechanical joint ends as specified below. Valves shall open by turning to the left (counter-clockwise), when viewed from the stem. Port area of valves shall be a minimum of 80 percent of full pipe area. Valve pressure ratings, body flanges and wall thicknesses shall be in full conformance with ASNI B16.1, latest revision. Valves shall seal leak-tight against full rated pressure in both directions. Prior to shipment from the factory, each valve shall be hydrostatically tested as follows: Valve seats shall be tested to provide leak tight shut off to 175 psi for valves through 12 inch and 150 psi for valves 14 inches and larger, with pressure in either direction. In addition, a hydrostatic shell test shall be performed with a plug open to a pressure twice that of rating specified above to demonstrate overall pressure integrity of the valve body. Plug valves shall be eccentric plug valves as manufactured by DeZurik, Milliken, or approved equal. B. Eccentric Plug Valves: Eccentric plug valves shall be Series 100 as manufactured by DeZurik or equal. Valve bodies shall be constructed of high strength cast iron conforming to ASTM A126, Class B and AWWA C504, latest revisions. Valve bodies shall be cast with raised eccentric seats which have a corrosion resistant welded in overlay of not less than 90 percent pure nickel on all surfaces contacting the plug face. Valve seats shall be in accordance with AWWA C504 and AWWA C507, latest revisions. Valves shall be furnished with resilient faced plugs with Neoprene facing, suitable for use with sludge. Valves shall be furnished with replaceable, permanently lubricated, stainless steel, sleeve-type bearings in the upper and lower plug stem journals. Plug stem bearings shall comply with AWWA C504 and C507, latest revisions. Valves shall be bolted bonnet design. Valves shaft seals shall be designed so that they can be repacked without removing the bonnet and the packing shall be adjustable. Packing material shall be Buna-Vee type packing. Valve shaft seals shall be in accordance 15 10 00 - 15 with AWWA C504 and AWWA C507, latest revisions. All exposed valve nuts, bolts, springs, washers and the like shall be Type 304 stainless steel. C. Interior Valve Lining: All interior ferrous surfaces of the valve that will have contact with the leachate except the valve seating surfaces shall be coated with a factory applied, fusion bonded, thermosetting epoxy coating in accordance with AWWA C550, latest revisions. Coating shall be holiday free with a minimum thickness of 12 mils. Surfaces shall be clean, dry and free from rust, oil and grease before coating. D. Exterior Valve Coating: All exterior surfaces of plug valves shall be clean, dry and free from rust and grease before coating. For buried service, the exterior ferrous parts of all valves shall be coated at the factory with coal tar epoxy with a minimum total finish dry film thickness of 20 mils. Prior to backfilling, all uncoated nuts, bolts, glands, rods and other parts of joints shall be coated in the field with coal tar epoxy equal to Kop-Coat Bitumastic No. 300-M. For valves installed above ground, the exterior ferrous parts of all valves shall be shop primed at the factory with one coat, minimum dry film thickness 1.5 mils, of a primer with rust inhibitive pigments and synthetic resins. Following installation aboveground valves shall be finish painted in accordance with manufacturer’s recommendations. E. Valve Joints: All plug valves installed aboveground, in valve vaults or on flanged piping shall have flanged ends. Flanges shall comply with facing, drilling and thickness of ANSI Standards for Class 125 dimension. Nuts and bolts for flanged connections in valve vaults or corrosive atmospheres shall be Type 316 stainless steel in accordance with ASTM A320, Class 2. Nuts and bolts for aboveground installations or non-corrosive atmospheres shall be carbon steel in accordance with ASTM A307, Grade B. All buried plug valves shall have mechanical joint ends with dimensions, bolting patterns and assembly in strict accordance with ANSI/AWWA C111, latest revision. Tee head bolts and nuts for mechanical joints shall be manufactured of CORTEN-A, high strength, low alloy, and corrosion resistant steel as manufactured by NSS Industries, Plymouth, Michigan or an equal approved by the Engineer. 15 10 00 - 16 F. Mechanical Valve Actuators: 1. All plug valves installed in valve vaults or buried underground shall have actuators designed for buried and submerged service. Valves shall have seals on all shafts and gaskets on valve and actuator covers to prevent entry of water and dirt. Actuator mounting brackets for buried and submerged service shall be totally enclosed and shall have gasket seals. All exposed valve nuts, bolts, springs, washers and the like shall be Type 304 stainless steel. 2. All plug valves 6 inch in size and larger shall be furnished with mechanical gear actuators. Gear actuators shall be furnished with AWWA Standard 2 inch square operating nuts for buried valves, or handwheel, chainwheel or 2 inch square nut operators for aboveground or valve vault installation, as shown on the Drawings. Gear actuator shall be sized for the maximum pressure differential across the valve, equal to the pressure rating of the valve. All gearing shall be enclosed in a high strength cast iron housing, suitable for running in a lubricant. Housing shall be provided with seals on all shafts to prevent the entry of dirt and water into the actuator. Actuator shaft and quadrant shall be supported on permanently lubricated bronze bearings. Actuator shall clearly indicate valve position for aboveground and valve vault installations and an adjustable stop shall be provided to set closing torque. Actuator shall be capable of withstanding an over-torque without damage up to 450 foot pounds for 2 inch square nut operators and to 300 foot pounds for handwheel or chainwheel operators. 3. Four inch and smaller aboveground valves shall be furnished with manual actuators, one-quarter turn to open. Actuator shall be supplied with an AWWA Standard 2 inch operating nut with a standard valve operating lever. 2.10 BUTTERFLY VALVES A. General: All butterfly valves shall be of the tight closing, rubber seat type with rubber seats that are securely fastened to the valve body or disc. No metal to metal seating surfaces will be permitted. Valves shall be bubble tight at rated pressures with flow in either direction, and shall be satisfactory for applications involving throttling service and/or frequent operation and for applications involving valve operation after long periods of inactivity and for buried installation. Valve discs shall rotate 90 degrees from the full open position to the tight shut position. Valves shall meet the full requirements of AWWA Standard C 504 for Class 150B, short body, flanged or mechanical joint as required. Wafer design valves are not acceptable, except when indicated on the Drawings. The manufacturer shall have manufactured tight closing, rubber seat butterfly valves 15 10 00 - 17 for a period of at least five years. All valves shall be Henry Pratt Company, DeZurik, Mueller, or equal. B. Valve Body: Valve bodies shall be constructed of cast iron ASTM A126 Class B or ASTM A48 Class 40. Ends shall be mechanical joint for buried service and flanged for aboveground use. Flange drilling shall be 125 pound in accordance with ANSI B16.1. Two trunnions for shaft bearings shall be integral with each valve body. When disc has the rubber seat, the valve body shall have an 18-8 Type 304 stainless steel body seat. The port diameter shall be no smaller than one inch less than the nominal valve size. C. Valve Shaft: The valve shaft may consist of a one piece unit extending completely through the valve unit or may be the "stub shaft" type. Materials to be stainless steel 18-8 Type 304. D. Valve Discs: Valve discs shall be constructed either of cast iron ASTM A126 Class B, ductile iron ASTM A536 or cast iron ASTM A48 each with Type 316 stainless steel seating edge or the entire disc may be constructed of cast 316 stainless steel. The stainless steel seating edge is not applicable to rubber seat disc type valves. E. Valve Seats: Valve seats shall be of a synthetic or natural rubber compound and can be mounted on the valve body. F. Valve Bearings: Valves shall be fitted with sleeve type bearings. Bearings shall be corrosion resistant and self-lubricating. G. Valve Packings: Packing shall be self-adjusting Chevron type or of the O-ring type. H. Interior and Exterior Valve Coatings: The valve shall be coated similarly as described in Section 2-05 C and D. 2.11 SWING CHECK VALVES A. Swing check valves 2-inch through 12-inch in size shall conform to AWWA C- 508, latest revision, and shall be designed for a minimum water working pressure of 150 psi. Check valves shall have cast iron body, swing type and ends shall be flanged, Class 125 in accordance with ANSI B16.1 When open, the valve shall have a straight way passage with a minimum flow area equal to the full pipe area. Swing check valves shall be completely bronze fitted with renewable bronze seat ring and a rubber faced disc; valve hinge pin shall be stainless steel. Check valves shall be supplied with an outside lever and weight. 15 10 00 - 18 B. Swing check valves shall absolutely prevent the return of water back through the valve when the inlet pressure decreases below the downstream pressure. The check valve shall be constructed such that the disc and body seat ring may be easily removed and replaced without removing the valve from the line. Each valve shall by hydrostatically tested at the factory, at a test pressure of 300 psi. C. Interior Valve Coating: Prior to shipment from the factory, the interior ferrous surfaces of the valve, except for finished, non-ferrous or bearing surfaces, shall be coated with a fusion bonded, thermosetting epoxy coating in accordance with AWWA C-550, latest revision. Coating shall be holiday-free with a minimum thickness of 12 mils. Surfaces shall be clean, dry and free from rust and grease before coating. D. Exterior Valve Coating: All exterior surfaces of swing check valves shall be clean, dry and free from rust and grease before coating. For valves installed in below ground valve vaults, the exterior ferrous parts of all valves shall be coated at the factory with coal tar epoxy with a minimum total finish dry film thickness of 20 mils. Following installation, all uncoated nuts, bolts, glands, rods and other parts of joints shall be coated in the field with coal tar epoxy equal to Kop-Coat Bitumastic No. 300-M. For valves installed aboveground, the exterior ferrous parts of all valves shall be shop primed at the factory with one coat, minimum dry film thickness 1.5 mils, of a primer with rust-inhibitive pigments and synthetic resins. Following installation aboveground valves shall be finish painted in accordance with manufacturer’s recommendations. 2.12 SERVICE SADDLES AND CORPORATION STOPS A. Service Saddles: Service saddles shall have ductile iron bodies in accordance with ASTM A536, latest revision, with double stainless steel straps. Bodies shall be brass or ductile iron; body shall have a fusion bonded nylon coating with a minimum thickness of 12 mils. Straps shall be Type 304 stainless steel with premium grade Type 304 L stainless steel bolts and Type 304 stainless steel washers and nuts. The nuts shall be Teflon coated. The gasket material shall be an elastomeric compound resistant to degradation by oil, natural gas, acids, alkalies, most aliphatic fluids and leachate. The outlet of the saddle shall have NPT threads. Service saddles shall be Rockwell No. 317, Ford or an equal approved by the Engineer. B. Corporation Stops: Corporation stops shall be all bronze construction in accordance with AWWA C80, latest revision. Inlet threads shall be NPT iron pipe threads and the outlet connections shall be of the packed joint type suitable for use with Schedule 80 PVC pipe. Corporation stops shall be Ford Ball Corp Type FB 1102, McDonald or an equal approved by the Engineer. 15 10 00 - 19 C. Polyethylene Tubing. Service tubing shall be nominal wall polyethylene tubing conforming to the requirements of ASTM D-2737 and AWWA C-901. Tubing shall be manufactured from prime virgin PE-3408 high density polyethylene (HDPE) resin. Each coil of tubing shall be spiral wrapped with four (4) inch wide black .004 polyethylene film with minimum 2% carbon black content to shield the tubing from ultraviolet and violet light. Reclaimed water service tubing shall be lavender in color. D. Tubing shall be DR 9.0 CTS OD and supplied in 100 foot rolls. Tubing shall conform to all requirements set forth in AWWA C901. Tubing shall be marked with the following information at not more than 5 foot intervals: nominal size, material code designation, dimension ration and diameter base, AWWA pressure class, AWWA designation and manufacturer's name or trademark and product record code. E. Fittings for use with polyethylene (PE) tubing shall be brass containing a pressure sealing O-ring and undirectional grip ring and shall be designed for "press-on" or "stab-on" installation, and manufactured by Ford Meter Box Company. 2.13 SOLENOID VALVES A. Solenoid valves shall be 2 way type for normally closed operation designed for not less than a 150 psi water working pressure. The valves shall have forged stainless steel Series 300 bodies for 3/4 inch and smaller and brass bodies for 1 inch and larger with NPT threaded ends, Buna N seals/disks and NEMA 4X Red hat II solenoid enclosures. The valves shall operate on 120 VAC power, shall have threaded conduit hubs, standby manual operators and shall not require a minimum operating pressure differential for standby operation. The valves shall be provided with a manual override. The valves shall be Series 8210G for 3/4 inch and smaller and Series 8221G for one inch and larger as manufactured by Automatic Switch Company or approved equal. 2.14 FLEXIBLE EXPANSION JOINTS A. Flexible expansion joints shall be of the molded wide arch design manufactured of chloroprene (neoprene) rubber with polyester reinforcement. Chloroprene (neoprene) body shall be supplied with a hypalon coating. Joints shall be flanged suitable for 150 psi water working pressure and in accordance with ANSI B16.1 dimensions and bolting patterns. Flanged ends shall be furnished and galvanized, split ductile iron retaining rings. B. Provide limit restraint bolts on all pump suction and discharge lines. Expansion joints 6 inches and larger in size shall have a minimum of four limit restraint bolts. Restraint bolts and nuts shall be Type 304 stainless steel. 15 10 00 - 20 C. Minimum performance for flexible expansion joints shall be as follows: Axial Axial Lateral Angular Size Compression Elongation Deflection Deflection (in.) (inches) (inches) (inches) (degrees) 2 1-3/4 3/4 3/4 30 3 d.o. d.o. d.o. 30 4 d.o. d.o. d.o. 25 5 d.o. d.o. 3/4 25 6 d.o. d.o. 1 20 8 d.o. d.o. d.o. 20 D. Flexible expansion joints shall be Style 1015 Maxi-Joint as manufactured by General Rubber Corporation, Style 100 Metrasphere as manufactured by the Metraflex Company or an equal approved by the Engineer. Flexible joints for pump suction and discharge piping shall be designed for leachate service at 250 degrees F. 2.15 PRESSURE GAUGE ASSEMBLIES A. Pressure gauges shall have the following design features: glycerine filled, 2 inch dial, aluminum dial with black numerals on white background, Type 316 stainless steel bourdon tube and movement, 300 series stainless steel case and ring, safety glass lens, threaded lens retaining ring, adjustable pointer with over-pressure stop and zero pointer stop, blowout protection, 2 inch Type 316 stainless steel stem mounting and 1.0 percent accuracy based on full scale. Provide Type 316 stainless steel pressure snubbers on all gauges not protected by seals. Pressure gauges shall be as manufactured by U.S. Gauge, Ashcroft, Marshalltown, Marsh, or approved equal. B. Pressure Gauge Service and Ranges: Pressure gauges shall be furnished for the following services with the indicated ranges. Diaphragm seals shall be furnished for gauges as indicated. 2.16 VALVE BOXES A. Furnish, assemble, and place a valve box over the operating nut for each buried valve. The valve box shall be designed so as to prevent the transmission of surface loads directly to the valve or piping. B. Valve boxes shall be of the adjustable slide type of suitable length with an interior diameter of not less than 5 inches. The valve boxes shall be manufactured of cast iron and shall be of the two piece design including a bottom section and top section with cover. The cast iron cover shall be shaped and labeled for the 15 10 00 - 21 appropriate service designation. The top section shall be adjustable for elevation and shall be set to allow equal movement above and below finished grade. C. The castings shall be manufactured of clean, even grain, gray cast iron conforming to ASTM A48, Class 30B for Gray Iron Castings; and shall be smooth, true to pattern, free from blow holes, sand holes, projections and other harmful defects. The seating surfaces of both the cover and the top section shall be machined so that the cover will not rock after it has been seated. D. The valve boxes shall be coated inside and outside with an asphaltic coating prior to machining, so that the machined seating surfaces will be free of any coating. Cast iron valve box assemblies shall be Clow Corp. No F2452, Tyler Corp. Series 6855 or 6865 or an approved equal. E. Valve extension stems shall be provided for all buried valves when operating nut is deeper than 3 feet below final grade. 2.17 PIPE AND VALVE IDENTIFICATION SYSTEMS A. Not Included 2.18 GLOBE VALVES AND ANGLE VALVES A. Globe valves and angle valves shall be suitable for throttling flows of liquid, oil, gas and air lines. Valves shall have end connections as indicated on the Drawings and shall be suitable for a working pressure of not less than 150 psi. B. Each valve shall have self-lubricating TFE-impregnated asbestos packing to provide a tight stem steel. Valves shall have a removable bonnet in order to facilitate dismantling and reassembly of the valves. C. Globe valves shall be Crane Model No. 1, Stockham Valves Figures B-16, or equal. Angle valves shall be Crane Model No. 2, Stockham Valves Figure B-216, or equal. 2.19 PRESSURE REGULATING VALVE A. Pressure regulating valves shall be of bronze body construction, seat shall be of stainless steel, and diaphragm shall be Buna N. B. Regulator shall have a maximum pressure limit of 100 psi and the pressure reduction range shall be to 5 psi for all the services except for belt washwater. The maximum and minimum pressure variation range for the belt washwater shall be per gravity belt supplier's recommendations. The regulator shall be a direct acting, spring loaded, diaphragm type for hydraulic operation, and shall be 15 10 00 - 22 capable of delivering a constant pressure. An adjusting screw shall be easily accessible for changing the outlet pressure. C. Valves shall be installed in strict accordance with the manufacturer's recommendations. The manufacturer shall be Watts, or equal. 2.20 TIE RO DS A. When prior approval is obtained from the Engineer, ductile iron pipe, fittings, and valves may be restrained using tie bolt joint restraint. Joint restraint materials for this method of restraint shall be the Super-Star SST Series Joint Restraint Joint System as manufactured by Star National Products, a Division of Star Industries, Inc., Columbus, Ohio, or an equal approved by the Engineer. B. All bolts, nuts, washers, tie rods and other fasteners for the joint restraint system shall be manufactured of CORTEN high strength, low alloy, corrosion resistant steel in conformance with ASTM A242. Tie bolts shall be manufactured of heat treated CORTEN steel. Tie rods and all fasteners for the system shall be galvanized in conformance with the requirements of ASTM A123. Tie rods shall have a minimum diameter of 3/4 inch. The number of tie rods required per joint shall be as recommended by the manufacturer. C. Prior to backfilling after installation, all parts of the joint restraint system shall be coated with coal tar epoxy equal to Kop-Coat Bitumastic No. 300-M, for a minimum dry film thickness of 20 mils. 2.21 REDUCED PRESSURE BACKFLOW PREVENTERS A. Standards of Construction: Backflow prevention devices shall be manufactured in accordance with AWWA C506, latest revision, American Society of Sanitary Engineering Standards, and the University of Southern California Foundation for Cross Connection Control and Hydraulic Research "Manual of Cross Connection Control", latest edition. B. Product Handling: Exercise care in transporting and handling backflow preventers to avoid damage. Inside of backflow preventers shall be kept free of dirt and debris. C. Reduced pressure principle backflow preventers shall include an integral sensing system that will automatically open a relief valve whenever the differential pressure between the inlet supply and the reduced pressure zone drops to 2 psi. The relief valve shall remain open until a positive pressure differential of 2 psi is re-established. If pressure upstream of the first check valve drops to atmospheric or below, the relief valve shall remain fully open providing an internal air gap between the first check valve and the water level in the reduced pressure zone. The unit shall also be constructed such that any minor leakage of the second 15 10 00 - 23 check valve will result in visible flow from the relief valve, even if the first check valve is totally disabled. D. Reduced pressure principle backflow preventers shall have all bronze bodies for sizes 22 inches and smaller and all ductile iron bodies for sizes 3 inches and larger. Ductile iron bodies shall be coated with a fusion bonded thermosetting epoxy coating in accordance with AWWA C550 with a minimum, holiday free, coating thickness of 12 mils. The reduced pressure backflow preventer shall consist of two independently operated, spring loaded, wye pattern, poppet type check valves designed for installation in a normal horizontal flow attitude. An independent spring loaded relief valve shall be located between the two check valves. Check valve assemblies, springs and seats and all other internal parts shall be constructed of Type 316 stainless steel. Relief valve body and trim shall be constructed of bronze. Check valve and relief valve seats shall be field replaceable without removing the device from the service line. Backflow preventers shall be designed for a working pressure of 200 psi and a temperature range of 32EF to 140EF. The backflow preventer shall be manufactured as a complete unit including test cocks, and upstream and downstream isolation valves. The test cocks shall be manufactured of bronze and shall be arranged such that the unit can be tested without removing the unit from the line. E. Isolation Valves: Reduced pressure backflow preventers shall be furnished complete with isolation valves. For sizes 2 ½ inches and smaller, the isolation valves shall be all bronze ball valves with Buna N O-rings and valve seats, and a lever operating handle. Ball valves shall be in accordance with AWWA C80, latest revision. For sizes 3 inches and larger, the isolation valves shall be resilient seated gate valves with flanged ends and OS&Y handwheel operators. Gate valves shall be as specified and described hereinbefore. F. Exterior Coating: The exterior ferrous surfaces of the reduced pressure backflow preventer and the isolation valves shall be shop primed at the factory with one coat, minimum dry film thickness 1.5 mils, of a primer with rust inhibitive pigments and synthetic resins compatible with the finish coats. Following installation, the backflow preventer unit and aboveground piping shall be finish painted in accordance with manufacturer’s recommendations. All surfaces to be coated shall be clean, dry and free of rust, oil and grease. G. Acceptable Manufacturers: Reduced pressure principle backflow preventers shall Model 825 as manufactured by Febco, or an equal approved by the Engineer. 2.22 TAPPING SLEEVES AND VALVES A. Tapping sleeves shall be designed for a water working pressure of 150 psi and shall be mechanical joint end type. Tap shall be done under pressure and without interruptions of service. Taps shall be tested at factory to 175 psi. 15 10 00 - 24 B. Tapping valves shall be as specified herein under Gate Valves. C. The manufacturer shall furnish the services of a supervisor who will direct all operations for the installation of material, attachment of tapping machine and operation of the machine in making the connection. The Contractors shall bear all such rental and supervision costs, and all other related costs. D. Tapping sleeves and valves shall be the product of one of the following manufacturers, or equal: Mueller, Clow, and M&H. 2.23 FLANGED ADAPTERS (WHEN APPLICABLE) A. For joining plain end or grooved end pipe to flanged pipes and fittings. B. Adapters shall conform in size and bolt hole placement to ANSI standards for steel and/or cast iron flanges 125 or 150 pound standard unless otherwise required for connections. C. Exposed Sleeve Type: 1. Constructed from steel. 2. Coating: In accordance with manufacturer’s recommendations. 3. Bolts: Carbon steel. 4. Acceptable Manufacturers: a. Dresser Manufacturing Company - Style 128 for cast iron ductile iron and steel pipes with diameters of two (2) inches through 96 inches. b. Or equal. 2.24 FIRE HYDRANTS A. Hydrants shall comply with AWWA Standard C502 "Fire Hydrants for Ordinary Water Works Service", and shall be equipped with a minimum of one (1) pumper outlet nozzle 4 ½”in diameter and two (2) hose nozzles 2 ½” in diameter. Threads, nozzle caps, operating nuts and color shall conform to local code standards. Units shall be traffic types with breakable safety clips, or flange, and stem. Centerline of hose and pumper nozzles shall be on the same plane. Hydrants shall be dry barrel, with minimum distance of 18 inches from center of nozzles to ground line. Valve shall be designed to close with the pressure with a minimum 5 ¼” valve opening and hydrant inlet shall be configured with a 6” mechanical joint. Hydrants shall be Mueller A-423, Clow Medallion Hydrant, or American Darling Hydrant (AWWA C-502), unless specifically required otherwise by City standards. Hydrants are non-draining. 15 10 00 - 25 PART 3 - EXECUTION 3.01 INSPECTION A. All pipe, fittings, valves and other material shall be subject to inspection and approval by the Engineer after delivery, and no broken, cracked, imperfectly coated, or otherwise damaged or unsatisfactory material shall be used. When a defect or crack is discovered, the injured portion shall not be installed. Cracked pip shall have the defect cut off at least 12 inches from the break in the sound section of the barrel. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Excavation, backfill, and compaction shall conform to the provisions of Section 02 10 00. 1. Pipe Cradle: Upon satisfactory installation of the pipe bedding material as specified, a continuous trough for the pipe barrel and recesses for the pipe bells or couplings shall be excavated by hand digging. When the pipe is laid in the prepared trench, true to line and grade, the pipe barrel shall receive continuous, uniform support and no pressure will be exerted on the pipe joints from the trench bottom. B. Cover for underground piping shall not be less than that indicated on the Drawings. The minimum cover for pipe shall be 36 inches. In areas where other piping conflicts preclude the maximum cover desired, the piping shall be laid to provide the maximum cover obtainable. C. Pipe, fittings, valves and accessories shall be installed as shown or indicated on the Drawings. D. All connections to existing piping systems shall be made as shown or indicated on the Drawings after consultation and cooperation with authorities of the Owner. E. Pipe Joint Deflection: Whenever it is desirable, and approved by the Engineer, to deflect pipe joints to avoid obstructions or to maintain required alignment, the amount of the joint deflection shall not exceed 80 percent of the maximum limits allowed by the pipe manufacturer. F. In preparation for pipe installation, placement (stringing) of pipe should be as close to the trench as practical on the opposite side of the trench from the excavated material. The bell ends of the pipe should point in the direction of the work progress. G. Pipe and fittings shall be laid accurately to the lines and grades indicated on Drawings or required. Where grades for the pipeline are not indicated on the 15 10 00 - 26 Drawings, maintain a uniform depth of cover with respect to finish grade. Care shall be taken to insure a good alignment both horizontally and vertically and to give the pipe a firm bearing along its entire length. Any pipe which has its grade or joint disturbed after laying shall be taken up and relaid. H. All pipe and fittings shall be cleared of sand, dirt, and debris before laying. All precautions shall be taken to prevent sand, dirt or other foreign material from entering the pipe during installation. If necessary, a heavy, tightly woven canvas bag of suitable size shall be placed over each end of the pipe before lowering into the trench and left there until the connection is made to the adjacent pipe. Any sand, dirt, or other foreign material that enters the pipe shall be removed from the pipe immediately. Interior of all pipe and fittings shall be kept clean after installation until acceptable in the complete work. I. Any time that pipe installation is not in progress, the open ends of pipe shall be closed by a watertight plug or other method approved by the Engineer. Plugs shall remain in pipe ends until all water is removed from the trench. No pipe shall be installed when trench conditions are unsuitable for such work, including standing water, excess mud, or rain. J. After pipe has been laid, inspected, and found satisfactory, sufficient backfill shall be placed along the pipe barrel to hold the pipe securely in place while conducting the preliminary hydrostatic test. No backfill shall be placed over the joints until the preliminary test is satisfactorily completed, leaving them exposed to view for the detection of visible leaks. K. Upon satisfactory completion of the hydrostatic test, backfilling of the trench shall be completed. L. Aboveground and Exposed Piping: Piping shall be cut accurately to measurements established at the job site and shall be worked into place without springing or forcing, properly clearing all equipment access areas and openings. Changes in sizes shall be made with appropriate reducing fittings. Pipe connections shall be made in accordance with the details shown and manufacturer's recommendations. Open ends of pipe lines shall be properly capped or plugged during installation to keep dirt and other foreign material out of the system. Pipe supports and hangers shall be provided where indicated or as required to insure adequate support of the piping. 15 10 00 - 27 3.03 INSTALLATION OF DUCTILE IRON PIPE A. Handling and Cutting Pipe: 1. Care shall be taken in handling, cutting, and laying ductile iron pipe and fittings to avoid damaging the pipe and interior coal tar epoxy or cement mortar lining, scratching or marring machined surfaces, and abrasion of the pipe coating. All cracked pipe and fittings shall be removed at once from the work at no additional cost to the Owner. 2. Pipe cutting shall be done in a neat workmanlike manner without creating damage to the pipe and interior coal tar epoxy or cement mortar lining. Ductile iron pipe may be cut using an abrasive pipe saw, rotary wheel cutter, guillotine pipe saw, milling wheel saw or oxyacetylene torch. Cut ends and rough edges of ductile iron pipe shall be ground smooth. For push-on joint connections, the cut end shall be beveled to prevent gasket damage during joint assembly. Interior lining shall be repaired at cut ends per the manufacturer's instructions prior to joint assembly. B. Laying Pipe and Fittings: 1. Bedding for Ductile Iron Pipe: Minimum bedding requirements shall be Type 2 as defined in ANSI/AWWA C600, latest revision. Provide proper bedding required, in accordance with thickness class of pipe being laid and depth of cover. Proper pipe laying conditions shall be in accordance with ANSI/AWWA C150 and C151, latest revision, and ANSI/AWWA C600, latest revision. 2. All ductile iron pipe and fittings shall be laid in accordance with American Water Works Association Standard ANSI/AWWA C600, latest revision, entitled "Standard for Installation of Ductile Iron Water Mains and Their Appurtenances", with the following sections specifically applying: a. Section 3.3 - Pipe Installation b. Section 3.4 - Joint Assembly C. Ductile Iron Pipe Joints: 1. Type: The joints of all pipelines shall be made absolutely tight. The particular joint used shall be approved by the Engineer prior to installation. Where shown on the Drawings or where, in the opinion of the Engineer, settlement or vibration is likely to occur, all pipe joints shall be bolted mechanical type or restrained type as specified above, or as indicated on the Drawings. 15 10 00 - 28 2. Push-on Joints: Push-on joints shall be made in strict accordance with the manufacturer's recommendations. Lubricant, if required, shall be an inert, non-toxic, water soluble compound incapable of harboring, supporting, or culturing bacterial life. Manufacturer's installation recommendations shall be submitted to the Engineer for review and approval before commencing work. The bell of the pipe shall be cleaned of excess tar or other obstructions and wiped out before the cleaned and prepared spigot of the next pipe is inserted. The new pipe shall be shoved firmly into place until properly seated and held securely until the joint has been completed. 3. Mechanical Joint: All types of mechanical joint pipes shall be laid and jointed in full conformance with manufacturer's recommendations, which shall be submitted to the Engineer for review and approval before work is begun. Only skilled workmen shall be permitted to makeup mechanical joints. Torque wrenches, set as specified ion AWWA Standard C111, shall be used; or spanner type wrenches not longer than specified therein may be used without the permission of the Engineer. 4. Flanged Joints: Flanged joints shall be made up by inserting the gasket between the flanges. The threads of the bolts and the faces of the gaskets shall be coated with suitable lubricant immediately before installation. 5. Restrained Joints: Restrained joints shall be provided where indicated on the Drawings. Joint assembly shall be made in strict accordance with the manufacturer's instructions, which shall be submitted to the Engineer for review and approval before commencing work. 3.04 INSTALLATION OF PVC PIPE A. Storage and Handling: 1. PVC pipe shall be delivered to the site in unbroken bundles packaged in such manner as to provide protection against damage. When possible, pipe should be stored at the job site in the unit packages until ready for use. Packaged units shall be handled using a forklift or a spreader bar with fabric straps. Packaged units shall not be stacked at the job site higher than two units high. 2. When it is necessary to store PVC pipe for long periods of time, exposure to direct sunlight shall be prevented by covering the pipe with an opaque material. Adequate air circulation above and around the pipe shall be provided as required to prevent excessive heat accumulation. PVC pipe shall not be stored close to heat sources of hot objects such as heaters, fires, boiler, or engine exhaust. Pipe gaskets shall be protected from excessive exposure to heat, direct sunlight, ozone, oil and grease. The 15 10 00 - 29 interior and all sealing surfaces of pipe, fittings, and other appurtenances shall be kept clean and free of dirt and foreign matter. 3. Care shall be taken in handling and laying pipe and fittings to avoid severe impact blows, crushing, abrasion damage, gouging or cutting. Pipe shall be lowered, not dropped, from trucks or into trenches. All cracked, damaged, or defective pipe and fittings, or any length of PVC pipe having a gouge, scratch or other permanent indentation of more than 10 percent of the wall thickness in depth, shall be rejected and removed at once from the work and replaced with new acceptable pipe at no additional cost to the Owner. B. Field Cutting PVC Pipe: Field cutting of pipe shall be done in a neat workmanlike manner without creating damage to the pipe. The pipe shall be cut square with a fine-toothed hand or power saw or other cutter or knife designed for use with plastic pipe. Prior to cutting, the pipe shall be marked around its entire circumference or a square in vise shall be used to ensure the pipe end is cut square. Remove burrs by smoothing edges with a knife, file, or sandpaper. 1. Field Cutting Bell and Spigot PVC Pipe: Bevel the cut end of the pipe using a pipe beveling tool, wood rasp or portable sander to prevent damage to the gasket during joint assembly. A factory finished beveled end should be used as a guide to ensure proper beveling angle and correct depth of bevel. Round off any sharp edges on the leading edge of the bevel with a knife or file. C. Laying PVC Pipe: 1. Pipe Bedding: Bedding for PVC pipe shall be as specified using granular pipe bedding material. 2. All PVC pipe shall be laid in accordance with the pipe manufacturer's published installation guide, the AWWA Manual of Practice No. M23 "PVC Pipe-Design and Installation" and the Uni-Bell Plastic Pipe Association Installation Recommendations. D. PVC Pipe Joint Assembly for Rubber Gasketed Bell and Spigot Pipe: 1. The PVC bell and spigot joint shall be assembled in accordance with the pipe manufacturer's installation instructions. Clean the interior of the bell, the gasket, and the spigot of the pipe to be jointed with a rag to remove any dirt or foreign material before assembling. Inspect the gasket, pipe spigot bevel, gasket groove and sealing surfaces for damage or deformation. 15 10 00 - 30 2. Lubricate the spigot end of the pipe with a lubricant supplied or specified by the pipe manufacturer for use with gasketed PVC pipe in potable water systems. The lubricant should be supplied as specified by the pipe manufacturer. After then spigot end is lubricated, it must be kept clean and free of dirt and sand. If dirt and sand adhere to the lubricated end, the spigot must be wiped clean and re-lubricated. 3. Insert the spigot into the bell so that it contacts the gasket uniformly. Align the pipe sections and push the spigot end into the bell until the manufacturer’s reference mark on the spigot is flush with the end of the bell. The pipe should be pushed into the bell using a bar and wood block. The joint shall not be assembled by "stabbing" or swinging the pipe into the bell, nor shall construction machinery be used to push the pipe into the bell. 4. If undue resistance to insertion of the spigot end is encountered or if the reference mark does not reach the flush position, disassemble the joint and check the position of the gasket. If the gasket is twisted or pushed out of its seat, inspect the components, repair or replace damaged items, clean the components and repeat the assembly steps. Be sure the pipe is in proper alignment during assembly. If the gasket was not out of position, check the distance between the spigot end and the reference mark and relocate the mark if it is out of position. E. PVC Pipe Joint Assembly for Threaded and Solvent Welded Pipe 1. All threaded and solvent welded joints shall be made watertight. All pipe cutting, threading and jointing procedures for threaded and solvent welded PVC pipe joints shall be in strict accordance with the pipe and fitting manufacturer's printed installation instructions. Thread lubricant for threaded joints shall be Teflon tape only. 2. At threaded joints between PVC and metal pipes, the metal side shall contain the socket end and the PVC side the spigot. A metal spigot shall not, under any circumstances, be screwed into a PVC socket. F. PVC forcemains underground shall be strapped every 10 feet or spiral wrapped with an insulated green No. 14 gauge copper ground wire for future location. The wire shall be stubbed out at each valve box or manhole. 3.05 FITTING INSTALLATION FOR UNDERGROUND PIPING A. The weight of ductile iron fittings shall not be carried by the pipe on which they are installed. The fitting shall be supported by a concrete cradle as shown on the standard details. Concrete used for supports shall have a minimum compressive 15 10 00 - 31 strength of 3000 psi at 28 days. Concrete for support cradle shall be poured against undisturbed soil. B. All glands, clamps, bolts, nuts, studs and other uncoated parts of fitting joints for underground installation shall be coated with two coats, 10 mils DFT per coat, of coal tar epoxy equal to Kop-Coat Bitumastic No. 300-M. 3.06 CONCRETE PIPE ENCASEMENT A. Concrete for concrete pipe encasement shall have a minimum strength of 3000 psi at 28 days and encasement shall be constructed in accordance with details shown on the Drawings. Encasement shall be constructed where: 1. Indicated on the Drawings 2. The Engineer shall order the pipeline encased. B. The points of beginning and ending of concrete pipe encasement shall be not more than 6 inches from a pipe joint to protect the pipe from cracking due to uneven settlement of its foundation or the effects of superimposed live loads. Pipe shall be wrapped in visqueen. C. Pipe encasement shall provide a minimum coverage of 6 inches all around the pipe including pipe bells. 3.07 INSTALLATION OF PIPE SLEEVES, WALL CASTINGS AND COUPLINGS A. Pipe sleeves and wall castings shall be provided at the locations called for on the Drawings. These units shall be as detailed and of the material as noted on the Drawings. They shall be accurately set in the concrete or masonry to the elevations shown. All wall sleeves and castings required in the walls shall be in place when the walls are poured. Ends of all wall castings and wall sleeves shall be of a type consistent with the piping to be connected to them. B. Link seals for wall sleeves shall be installed in strict accordance with the manufacturer's printed installation instructions. For watertight applications in tanks or treatment units, the link seal installation shall be tested hydrostatically for leaks at the same time as the tank or treatment unit. Any leaks that occur during the test period shall be repaired by checking the link seals for proper installation and replacement of unit(s) found to be defective at no additional cost to the Owner. C. Pipe couplings shall be installed in strict accordance with the manufacturer's published instructions and recommendations. 15 10 00 - 32 3.08 INSTALLATION OF VALVES A. Valves of the size and type shown on the Drawings shall be set plumb and installed at the locations indicated on the Drawings. Valves shall be installed in accordance with manufacturer's installation instructions and with the Details shown on the Drawings. B. Valves shall be installed such that they are supported properly in their respective positions, free from distortion and strain. Valves shall be installed such that their weight is not borne by pumps and equipment that are not designed to support the weight of the valve. C. Valves shall be carefully inspected during installation; they shall be opened wide and then tightly closed and the various nuts and bolts shall be tested for tightness. Special care shall be taken to prevent any foreign matter from becoming lodged in the valve seat. Check and adjust all valves for smooth operation. D. Install valves with the operating stem in either horizontal or vertical position. E. Allow sufficient clearance around the valve operator for proper operation. F. Clean iron flanges by wire brushing before installing flanged valves. Clean carbon steel flange bolts and nuts by wire brushing, lubricate threads with oil or graphite, and tighten nuts uniformly and progressively. Clean threaded joints by wire brushing or swabbing. Apply Teflon joint compound or Teflon tape to pipe threads before installing threaded valves. Joints shall be watertight. G. For buried valves, a valve box shall be centered accurately over the operating nut and the entire assembly shall be plumb. The tops of valve boxes shall be adjusted to the proper elevation as specified below and as shown on the Drawings. 1. In paved areas, tops of valve box covers shall be set flush with pavement. Following paving operations, a 16 inch square shall be neatly cut in the pavement around the box and the paving removed. The top of the box shall then be adjusted to the proper elevation and a 30 inch square by 6 inch thick concrete pad poured around the box cover. Concrete pads in traffic areas shall be reinforced with No. 4 reinforcement bars as shown on the Drawings. Concrete for the pad shall be 3000 psi compressive strength. 2. In unpaved areas, tops of valve box covers shall be set 2 inches above finished grade. After the top of the box is set to the proper elevation, a 16 inch square by 6 inch thick concrete pad shall be poured around the box cover. Concrete for the pad shall be 3000 psi compressive strength. 15 10 00 - 33 H. Valves shall be tested hydrostatically, concurrently with the pipeline in which they are installed. Protect or isolate any parts of valves, operators, or control and instrumentation system whose pressure rating is less than the pressure test(s). If valve joints leak during pressure testing, loosen or remove the nuts and bolts, reseat or replace the gasket, reinstall or retighten the bolts and nuts and hydrostatically retest the joints. I. Following installation, all aboveground valves shall be painted in accordance with the painting system specified in accordance with manufacturer’s recommendations. Following installation of buried valves or valves installed in valve vaults, repair any scratches, marks and other types of surface damage, etc., with a coating equal to the original coating supplied by the manufacturer. Prior to backfilling, all nuts, bolts and other parts of the valve joints shall be coated with two coats, 10 mils DFT per coat, of coal tar epoxy equal to Kop-Coat Bitumastic No. 300-M. 3.09 SEPARATION OF NON-POTABLE WATER MAINS AND POTABLE WATER MAINS A. Reclaimed water mains shall be installed with at least a 3 foot horizontal separation from any potable water main. Force mains and gravity sewers shall have a 6 foot separation from potable mains. At crossings the installation shall provide of a minimum vertical separation distance of 12 inches between the outside of the crossing non-potable and potable water mains. This separation shall be provided where the potable water main is either below or above the non- potable water main. When the 12 inch minimum vertical separation distance cannot be maintained, the potable water main shall be encased in concrete. Concrete encasement shall be as specified above. The potable water main shall be encased for 10 feet each way of the crossing. 3.10 MAIN CLEANING AND FLUSHING A. Following the hydrostatic and leakage tests, all the mains constructed under this contract shall be cleaned and flushed to remove sand, loose dirt and other debris. Flushing velocity shall be a minimum of 2.5 fps. Flushing shall continue until clean water flows from the main. However, the Contractor shall endeavor to use the minimum amount of flushing water required to complete the work. To increase the efficiency of the cleaning and flushing operation, the Contractor shall use a pipeline pigging device of the proper size and designed to clean the intended pipeline. The pigging device shall be capable of turning through a standard 90 degree MJ bend. The type of pipeline pigging device and the method of operation shall be approved by the Engineer. B. Upon completion of testing for the gravity drain line system, drain lines shall be flushed to remove dirt, sand, stones and other debris which may have entered the lines during construction and settled out in the lines and manholes. Materials and 15 10 00 - 34 debris flushed from the drain lines shall be removed from a downstream manhole or basin and disposed of at an approved disposal area. C. Water for flushing shall be clean water provided by the Contractor from a source approved by the Engineer and the owner prior to beginning connections for flushing operations. Flushing shall only be completed upon approval by the Owner. D. Temporary blowoffs may be required for the purpose of flushing mains. Temporary blowoffs shall be installed as close as possible to the ends of the main being flushed. Blowoffs installed on the main shall be the same diameter as the main. Temporary blowoffs shall be removed and plugged after the main is flushed. All costs for installing and removing temporary blowoffs shall be at n additional cost to the Owner. E. The Owner shall be notified at least 3 working days prior to flushing mains. F. Blowoffs and temporary drainage piping used for flushing shall not be discharged into any gravity sewer or pumping station wetwell. The Contractor shall obtain prior approvals from the Engineer and the Owner as to the methods and locations of flushing water discharge. 3.11 INSTALLATION OF TIE RODS A. Tie rods shall be installed in strict accordance with the manufacturer's written installation requirements. Unless otherwise indicated on the Drawings, the size and number of tie rods for a joint or installation shall be as recommended by the manufacturer's design chart for a working pressure of 150 psi. B. Following installation and prior to backfilling, all parts of the tie rod joint restraint system, including tie rods, tie bolts, nuts, washers, and other fasteners, shall be coated with two coats, 10 mils DFT per coat, of coal tar epoxy equal to Kop-Coat Bitumastic No. 300-M. 3.12 INSTALLATION OF REDUCED PRESSURE BACKFLOW PREVENTERS A. Backflow preventers shall be installed at the locations shown on the Drawings. Backflow preventers shall be installed in accordance with the manufacturer's written installation instructions and as shown on the Drawings. B. Reduced pressure principle backflow preventers shall be installed horizontally with an 18 inch minimum clearance between the finished grade and the lowest point on the bottom of the unit. Reduced pressure backflow preventers shall be installed with provisions for a suitable drain arrangement to drain off discharges from the relief valve, so that discharges are not objectionable. Backflow 15 10 00 - 35 preventers shall be installed such that they are easily accessible for testing, maintenance and repair. C. Piping and fittings for units 3 inches and larger in size shall have flanged joints. Piping, fittings and valves shall be properly supported with pipe support stands as shown on the Drawings. D. Following installation of the reduced pressure backflow preventer, piping, fittings and valves, the entire aboveground assembly shall be finished painted in accordance with manufacturer’s recommendations. END OF SECTION VIA EMAIL DELIVERY February 11, 2020 Ms. Pat Drosden Purchasing Specialist P.O. Box 100 City of Edgewater, FL 32132 Re: Tatum Blvd. to Elizabeth St. Water Main City Contract Number: ITB 20-ES-002 ZC 13024 Dear Ms. Drosden: Zev Cohen & Associates, Inc has performed a review of the bid tabulation associated with the above referenced bid opening that occurred on February 6, 2020 at 3:00 PM. The apparent low bidder for this project is the Kenton Group, LLC with a Grand Total low bid of $393,385.00. We have attached a spreadsheet breakdown of the bids received on this date. No corrections were made, thus the grand totals announced during the bid opening remain unchanged. ZCA recommends award of the Tatum Blvd. to Elizabeth St. Water Main to the Kenton Group, LLC, for the bid amount of $393,385.00. Should you require anything further from ZCA, please feel free to contact our office. Respectfully submitted, Zev Cohen & Associates, Inc. John A. Dillard, Jr., P.E. Project Manager Cc: Brenda L. Dewees Randy Coslow, P.E. M. Dwight DuRant, P.E. FILE SECTION 00-415: SCHEDULE OF VALUES (UNIT PRICES)Owner: City of EdgewaterOwner’s Purchasing Designation: 20-ES-002 RANK = 1/6RANK = 2/6RANK = 3/6RANK = 4/6RANK = 5/6RANK = 6/6Project Name: Tatum Boulevard to Elizabeth Street Water MainKenton Group**$393,385.00SanPik Inc$533,650.00Hazen Construction$570,760.00Masci Corp$618,429.20JD Weber$664,124.00DB Civil$703,805.00$444,985$358,985.00$533,650.00$530,850.00$570,760$570,760.00$618,429.20$618,429.20$664,124*No Bid on Alt 1$703,805.00$692,405.001 MOBILIZATION (MAX 10% OF BASE BID) 1 LS $27,169.00 $27,169.00 $53,000.00 $53,000.00 $45,000.00 $45,000.00 $56,220.84 $56,220.84 $62,000.00 $62,000.00 $60,000.00 $60,000.00 2 MAINTENANCE OF TRAFFIC (MAX 5% OF BASE BID) 1 LS $8,932.00 $8,932.00 $20,000.00 $20,000.00 $10,000.00 $10,000.00 $26,771.83 $26,771.83 $22,600.00 $22,600.00 $20,000.00 $20,000.00 3TRENCH SAFETY, EROSION CONTROL, DEWATERING, AND HAND-DIGGING WHERE NECESSARY1 LS $15,000.00 $15,000.00 $65,000.00 $65,000.00 $35,000.00 $35,000.00 $52,300.00 $52,300.00 $46,200.00 $46,200.00 $65,000.00 $65,000.00 4 SURVEYED AS-BUILTS1 LS $3,000.00 $3,000.00 $25,000.00 $25,000.00 $9,500.00 $9,500.00 $9,230.00 $9,230.00 $5,800.00 $5,800.00 $16,000.00 $16,000.00 5 OPEN TRENCH PIPE, INCL. BACKFILL & COMPACTIONA) 6” PVC C900, BLUE100 LF $32.00 $3,200.00 $28.00 $2,800.00 $45.00 $4,500.00 $72.10 $7,210.00 $49.00 $4,900.00 $65.00 $6,500.00 B) 8” PVC C900, BLUE650 LF $35.00 $22,750.00 $33.00 $21,450.00 $38.00 $24,700.00 $69.29 $45,038.50 $56.20 $36,530.00 $65.00 $42,250.00 C) 12” PVC C900, BLUE2,100 LF $50.00 $105,000.00 $55.00 $115,500.00 $75.00 $157,500.00 $79.67 $167,307.00 $76.60 $160,860.00 $88.50 $185,850.00 6 DIRECTIONAL DRILL, INCL. FUSIBLE M.J. ADAPTERSA) 10” HDPE DR11 DIPS, BLUE STRIPE 800 LF $80.00 $64,000.00 $70.00 $56,000.00 $92.00 $73,600.00 $85.20 $68,160.00 $114.00 $91,200.00 $89.00 $71,200.00 B) 12” HDPE DR11 DIPS, BLUE STRIPE 200 LF $110.00 $22,000.00 $105.00 $21,000.00 $115.00 $23,000.00 $102.40 $20,480.00 $156.00 $31,200.00 $123.00 $24,600.00 7 JACK & BORE (IF NEEDED) , 0 LF SHOWNA) 8” DIP CL 350 (CARRIER PIPE)0 LF $52.00 $0.00 $400.00 $0.00 $53.00 $0.00 $257.36 $0.00 $120.00 $0.00 $100.00 $0.00 B) 12” DIP CL 350 (CARRIER PIPE)0 LF $80.00 $0.00 $425.00 $0.00 $66.00 $0.00 $297.57 $0.00 $150.00 $0.00 $120.00 $0.00 C) 16” Steel Casing Pipe (per FDOT Spec 556) 0 LF $160.00 $0.00 $450.00 $0.00 $850.00 $0.00 $950.00 $0.00 $810.00 $0.00 $565.00 $0.00 D) 20” Steel Casing Pipe (per FDOT Spec 556) 0 LF $190.00 $0.00 $500.00 $0.00 $900.00 $0.00 $950.00 $0.00 $870.00 $0.00 $575.00 $0.00 8 Wet Tap Potable Water MainA) 6x6 Wet Tap2 EA $2,362.00 $4,724.00 $4,500.00 $9,000.00 $5,500.00 $11,000.00 $5,219.00 $10,438.00 $8,580.00 $17,160.00 $11,025.00 $22,050.00 B) 8x8 Wet Tap1 EA $2,500.00 $2,500.00 $5,200.00 $5,200.00 $6,300.00 $6,300.00 $6,739.00 $6,739.00 $9,650.00 $9,650.00 $15,500.00 $15,500.00 9 DUCTILE IRON FITTINGS, MECHANICAL JOINT RESTRAINEDA) 6” GATE VALVE3 EA $2,300.00 $6,900.00 $1,500.00 $4,500.00 $2,500.00 $7,500.00 $1,636.87 $4,910.61 $1,490.00 $4,470.00 $1,075.00 $3,225.00 B) 8” GATE VALVE4 EA $3,100.00 $12,400.00 $1,800.00 $7,200.00 $2,800.00 $11,200.00 $2,012.35 $8,049.40 $2,020.00 $8,080.00 $1,570.00 $6,280.00 C) 12” GATE VALVE2 EA $3,700.00 $7,400.00 $2,400.00 $4,800.00 $3,500.00 $7,000.00 $3,991.39 $7,982.78 $3,410.00 $6,820.00 $2,650.00 $5,300.00 D) 2” AIR RELEASE VALVE ASSEMBLY, PER DETAIL W-4 (SHEET C-9) 3 EA $2,800.00 $8,400.00 $2,800.00 $8,400.00 $4,500.00 $13,500.00 $3,397.38 $10,192.14 $3,820.00 $11,460.00 $7,700.00 $23,100.00 E) SLEEVES, SHORT-BODY BENDS, TEES, BELL RESTRAINTS, & OTHERMISC. DIP FITTINGS2.0 TN $6,700.00 $13,400.00 $10,000.00 $20,000.00 $4,500.00 $9,000.00 $9,363.31 $18,726.62 $9,800.00 $19,600.00 $5,500.00 $11,000.00 10 SERVICE CONNECTIONS ON TATUM BOULEVARDA) 12”x1” SADDLE, CORP STOP, TUBING, & CURB STOP TO EXISTINGMETER LOCATIONS6 EA $1,500.00 $9,000.00 $850.00 $5,100.00 $1,700.00 $10,200.00 $1,733.18 $10,399.08 $1,740.00 $10,440.00 $900.00 $5,400.00 B) 12”x1” SADDLE, CORP STOP, & CAP FOR FUTURE CUSTOMERS.LOCATIONS AS MARKED IN FIELD BY CITY24 EA $750.00 $18,000.00 $750.00 $18,000.00 $1,900.00 $45,600.00 $675.62 $16,214.88 $1,120.00 $26,880.00 $1,050.00 $25,200.00 11 RELOCATE EXISTING FIRE HYDRANT1 EA $2,300.00 $2,300.00 $3,800.00 $3,800.00 $4,000.00 $4,000.00 $2,319.00 $2,319.00 $3,650.00 $3,650.00 $2,250.00 $2,250.00 12 PRESSURE TEST (4 HOURS @ 200 PSI) & BACTERIOLOGICAL TEST 1 LS $4,300.00 $4,300.00 $4,600.00 $4,600.00 $7,500.00 $7,500.00 $2,850.00 $2,850.00 $18,500.00 $18,500.00 $12,500.00 $12,500.00 13REMOVE, SECURE, AND REINSTALL RESIDENTIAL PROPERTY WITHINWORK ZONE (E.G. IRRIGATION SYSTEM COMPONENTS, LANDSCAPESPECIMENS, MAILBOXES, FENCING, ETC.)1 LS $5,000.00 $5,000.00 $15,000.00 $15,000.00 $5,000.00 $5,000.00 $25,000.00 $25,000.00 $16,300.00 $16,300.00 $22,000.00 $22,000.00 14 CONCRETE DRIVEWAYS, 6” THICK, 3000 PSI W/ FIBER MESH 300 SY $31.00 $9,300.00 $65.00 $19,500.00 $85.00 $25,500.00 $59.23 $17,769.00 $74.00 $22,200.00 $80.00 $24,000.00 15 ASPHALT ROAD REPAIR, 6” BASE W/ 1.5” TYPE S-3 ASPHALT 100 SY $35.00 $3,500.00 $60.00 $6,000.00 $135.00 $13,500.00 $85.90 $8,590.00 $120.00 $12,000.00 $85.00 $8,500.00 16 SOD, BAHIA OR ST. AUGUSTINE 3,000 SY $3.75 $11,250.00 $7.00 $21,000.00 $3.00 $9,000.00 $4.75 $14,250.00 $4.80 $14,400.00 $5.40 $16,200.00 17UNSUITABLE MATERIALS (IF FOUND WITHIN WORK ZONE), REMOVE &REPLACE WITH APPROVED BACKFILL MATERIAL36 CY $110.00 $3,960.00 $50.00 $1,800.00 $60.00 $2,160.00 $35.57 $1,280.52 $34.00 $1,224.00 $275.00 $9,900.00 $393,385.00 $533,650.00 $570,760.00 $618,429.20 $664,124.00 $703,805.00 Bid Alt 1A) 8” fPVC in lieu of 10” HDPE800 LF $42.00 $33,600.00 $67.00 $53,600.00 $87.00 $69,600.00 $85.20 $68,160.00 No Bid #VALUE! $76.00 $60,800.00 B) 12” fPVC in lieu of 12” HDPE200 LF $90.00 $18,000.00 $103.00 $20,600.00 $135.00 $27,000.00 $102.40 $20,480.00 No Bid #VALUE! $118.00 $23,600.00 $51,600.00 $74,200.00 $96,600.00 $88,640.00 #VALUE!$84,400.00 $358,985.00 $530,850.00 $570,760.00 $618,429.20 #VALUE!$692,405.00 Bid PriceUnit Price Bid PriceUnit Price Bid PriceUnit Price Bid PriceUnit Price Bid PriceUnit Price Bid PriceUnit PriceQuantity Unit(Jack & Bore Included for Contingency Only)(Jack & Bore Included for Contingency Only)Pay Item No.ItemTOTAL BASE BIDFUSIBLE PVC IN LIEU OF HDPE, DIRECTIONAL DRILL INSTALL (In Lieu of Base Bid Items 6A SUBTOTAL BID ALTERNATESTOTAL BASE BID + BID ALTERNATES**Confusion over how to calculate Base+Alt resulted in incorrect total being input on Bid FormPage 1 / 1 CONSTRUCTION CONTRACT ITB 20 -ES -002 TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN CITY OF EDGEWATER THIS AGREEMENT is made and entered into this day of , 2020, by and between The Kenton Group, Inc duly authorized to conduct business in the State of Florida and whose address is—H-111.�p1.Ir�1111.�—V ,FL 3=7, hereinafter, called "CONTRACTOR" and the CITY OF EDGEWATER, a political subdivision of the State of Florida, whose address is 104 North Riverside Drive, Edgewater, FL 32132, hereinafter called "CITY". WITNESSETH: The Owner and the Contractor, for the consideration stated herein, agree as follows: ARTICLE h SCOPE OF WORK. The Contractor shall perform all required work and shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required to complete the construction of and all appurtenant work thereto, as described in the ITB 20 -ES -002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN document. All work shall be in strict compliance with the drawings and specifications, including any and all Addenda, and together with all Contract Documents hereinafter enumerated and made a part thereof. It is understood and agreed that said labor, materials, tools, equipment and service shall be furnished and said work performed and completed subject to the approval of the Owner. ARTICLE H. CONTRACT PRICE. The Owner shall pay the Contractor for performance of the work in accordance with the Contract Documents in current funds as follows: 393,385.00 Figures Three hundred ninety three thousand, three hundred eighty-five dollars and 00 cents In Words Payment will be made at the unit prices listed in the attached ITB for the actual completed quantity of each item, subject to additions and deductions as provided for in the ITB. RETAINAGE. The City shall have the right to withhold retainage from Compensation paid to a Contractor Should the City decide that retainage shall be withheld from Compensation, the amount to be retained from each payment to the Contractor shall be: A. 10 % of the amount of each invoice. B. % of each payment of a milestone payment based on a Project milestone schedule. C. No retainage will be taken. The City shall have the right to withhold retainage from Compensation paid to a Contractor. Should the City decide that retainage shall be withheld from Compensation, the amount to be retained from each payment to the Contractor shall be stated in the Work Order. The retainage shall be included with the final payment after all Work or Services for the Work Order have been approved and accepted by the ITB 20 -ES -002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 17 City and all disputed invoices have been resolved by the parties. The City shall never be required to pay an amount that would leave unpaid from the contract price or Compensation an amount less than the amount City would need to have in order to pay another consultant to complete the Work or Services should Contractor fail to complete the Work in a Work Order remaining incomplete as of that date. ARTICLE III. CONTRACT TIME. The Contractor agrees to commence work within thirty 30 DAYS after the date of the Notice to Proceed letter and shall complete the work within SEVENTY- FIVE (75) consecutive calendar days thereafter. ARTICLE IV. INSPECTION BY CONTRACTOR. The undersigned Contractor agrees that he has carefully inspected all Contract Documents and is familiar with same; the Contractor agrees that he is responsible for having heretofore examined the site, the location and route of all the proposed work and for having satisfied himself as to the character of the route, the location, surface and under- ground obstructions and nature thereof, the nature of the ground water conditions and other physical characteristics of the work and work area in order that he may include in the prices which he has bid and the prices of the Contract, all costs pertaining to the work and thereby provide for the satisfactory completion thereof and determination of the Contract prices herein agreed upon, and that this Contract price is based upon these inspections and examination. ARTICLE V. LIQUIDATED DAMAGES. If the work is not completed within the time specified in Article III of this Contract, the Contractor shall pay the Owner, as liquidated damages, the sum of Five Hundred ($500.00) DOLLARS for each consecutive calendar day thereafter until the work is completed, and as outlined in the RFP document. ARTICLE VI. COMPONENT PARTS OF THE CONTRACT. This Contract consists of the following Contract Documents, all of which are hereby made a part hereof as if herein set out in full and all of which are familiar to the Contractor: 1. Invitation to Bid — ITB 420 -ES -002 (including attachments/exhibits/all required documents) 2. Bid Proposal 3. Bid Bond Form 4. Public Entity Crime Affidavit 5. Construction Contract 6. Performance/Payment Bond 7. Certificate of Compliance Re: Insurance 8. Addenda ARTICLE VIL ,SEVERABILITY. Should any term, covenant, condition, provision or sentence or part thereof of this Contract, including all Contract Documents which comprise the entire agreement, be held invalid or unenforceable by any court of competent jurisdiction, the remaining terms and provisions shall nevertheless remain in full force and effect. ARTICLE VIII. CONSTRUCTION. The headings and subheadings used throughout the Contract Documents are for convenience only and have no other significance in the interpretation of the body of the Contract Document. ARTICLE IX. NOTICES. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered or certified United States mail, return receipts requested, ITB 20 -ES -002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 18 addressed to the party for whom it is intended at the place last specified. The place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice, to -wit: For City: Robin L. Matusick, City Clerk City of Edgewater 104 N. Riverside Drive Edgewater, FL 32132 (386)424-2400 #1203 For Contractor: Terrence McKenzie President (Name, Title) THe Kenton Group, Inc. (Company) 9555 Historic Kings Rd. S. #312 Jacksonville, FL 32257 904-805-0660 (Address) (City, State, Zip) (Phone) ARTICLE X. RIGHTS AT LAW RETAINED. The rights and remedies of City, provided for under this Contract, are in addition and supplemental to any other rights and remedies provided by law. ARTICLE XI. CONTROLLING LAW, VENUE, ATTORNEY'S FEES. This Contract is to be governed, construed, and interpreted by, through and under the laws of Florida. Venue for any litigation between the parties to this Contract shall be in the County of Volusia, Florida and any trial shall be non jury. Each party agrees to bear its own costs and attorney's fees relating to any dispute arising under this Contract. ARTICLE XII, MODFICATIONS TO AGREEMENT. This Contract and any exhibits, amendments and schedules may only be amended, supplemented, modified or canceled by a written instrument duly executed by the parties hereto of equal dignity herewith. ARTICLE XIII. WAIVER OF JURY TRIAL. THE CITY AND CONTRACTOR HAVE SPECIFICALLY WAIVED THE RIGHT TO A JURY TRIAL CONCERNNG ANY DISPUTES WHICH MAY ARISE CONCERNING THIS AGREEMENT. ARTICLE XIV NON -WAIVER. No indulgence, waiver, election or non -election by City under this Contract shall affect Contractor's duties and obligations hereunder. ARTICLE XV. ASSIGNMENT. This Contract, or any interest herein, shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by the parties hereto without prior written consent of the opposite party and only by a document of equal dignity herewith. However, this Contract shall run to the Edgewater City Government and its successors. ARTICLE XVI. INDEPENDENT CONTRACTOR. It is the intent of the parties hereto that Contractor shall be legally considered an independent contractor and that neither Contractor nor its employees shall under any circumstances be considered employees or agents of the City and that the City shall be at no time legally responsible for any negligence on the part of Contractor, its employees or agents, resulting in either bodily or personal injury or property damage to any individual, Contractor or corporation. ARTICLE XVII. NO THIRD -PARTY BENEFICIARIES. The agreements contained herein are for the sole benefit of the parties hereto and their successors and permitted assigns and no other party shall have the right to enforce any provision of this Contract or to rely upon the provisions of this Contract. ITB 20-E5-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 19 ARTICLE XVIII. WARRANTY OF TITLE OF CONTRACTOR. Contractor warrants to the City that all goods and materials furnished under the Contract will be new unless otherwise specified and that Contractor possess good, clear, and marketable title to said goods and there are no pending liens, claims or encumbrances whatsoever against said goods. All work not conforming to these requirements, including substitutions not properly approved and authorized may be considered defective. If at any time there shall be evidence of any claim for which, if established, the City might become liable, and which may be chargeable to the Contractor, or if the Contractor shall incur any Iiability to the City, or the City shall have any claim or demand against the Contractor, of any kind or for any reason, whether related to or arising out of this Agreement or any other agreement between the Contractor and the City, and whether or not reduced to judgment or award, the City shall have the right to retain out of any payment due the Contractor, or which may become due to the Contractor, under this Contract or any other Contract between the Contractor and the City, an amount sufficient to indemnify the City against such claim, and/or to compensate the City for, and fully satisfy, such liability, claim or demand, and to charge or deduct all cost of defense or collection with respect thereto, including, but not limited to, reasonable attorneys' fees, expert consultant fees, and expert witness fees. Should any claim develop after final payment has been made, the Contractor shall refund to the City all monies that the latter may be compelled to pay in discharging such claims, or that the latter may have incurred in collecting said monies from the Contractor. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date written above for execution by CITY. WITNESSES: CITY OF EDGEWATER WITNESSES: Glenn A. Irby, City Manager Robin L. Matusick, City Clerk[Paralegal Dated: The Kenton Group, Inc (Firm Na e -T' By: (Authorized Officer) Dated:/ Approved by the City Council of the City of Edgewater at a meeting held on this day of , 2020 under Agenda Item No. ITB 20 -BS -002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 20 CITY OF EDGEWATER TERMS AND CONDITIONS 1. PURCHASE ORDER NUMBER: THIS PURCHASE ORDER NUMBER AND THE SELLER'S NAME MUST BE CLEARLY SHOWN ON ALL INVOICES, PACKING SLIPS, DELIVERY RECEIPTS, AND CORRESPONDENCE. FAILURE TO CLEARLY INDICATE THIS PURCHASE ORDER NUMBER MAY RESULT IN THE RETURN OF INVOICES. 2. ACCEPTANCE: ALL TERMS AND CONDITIONS OF THIS PURCHASE ORDER SHALL BECOME PART OF THE CONTRACT BETWEEN THE CITY OF EDGEWATER AND THE VENDOR/SELLER; THE VENDOR'S/SELLER'S DIFFERENT OR ADDITIONAL TERMS WILL NEVER BECOME PART OF THIS CONTRACT. 3. DELIVERY, TITLE & RISK OF LOSS; TITLE SHALL PASS TO THE CITY OF EDGEWATER ON DELIVERY OF THE CONFORMING GOODS TO THE DESIGNATED LOCATION. NOTWITHSTANDING ANY AGREEMENT TO PAY FREIGHT, EXPRESS OR OTHER TRANSPORTATION CHARGES, THE RISK OF LOSS OR DAMAGE IN TRANSIT SHALL BE UPON THE VENDOR/SELLER. DELIVERY SHALL NOT BE COMPLETE UNTIL THE GOODS AND OR SERVICES HAVE BEEN RECEIVED, INSPECTED, AND ACCEPTED BY THE CITY OF EDGEWATER. COLLECT SHIPMENTS WILL NOT BE ACCEPTED IN THE EVENT THAT THE CITY AGREES TO PAY THE FRIEGHT, ALL FREIGHT CHARGES SHALL BE FULLY PREPAID AND INCLUDED ON THE INVOICE. THE ORIGINAL BILL MUST BE INCLUDED WITH THE INVOICE. 4. WARRANTY: THE VENDOR/SELLER WARRANTS THAT THE GOODS AND/OR SERVICES SUPPLIED HEREUNDER WILL BE OF GOOD WORKMANSHIP AND OF PROPER MATERIALS, FREE FROM DEFECTS AND IN ACCORDANCE WITH SPECIFICATIONS. IF THE VENDOR/SELLER KNOWS THE CITY'S INTENDED USE, THE VENDOR/SELLER WARRANTS THAT THE GOODS AND/OR SERVICES ARE SUITABLE FOR THE INTENDED USE. 5. REMEDIES: REGARDLESS OF WHETHER GOODS ARE BEING SOLD, LICENSED OR LEASED OR WHETHER SERVICES ARE BEING PERFORMED, THE VENDOR/SELLER AND THE CITY OF EDGEWATER AGREE THAT BOTH PARTIES HAVE ALL THE UNIFORM COMMERCIAL CODE RIGHTS, DUTIES, AND REMEDIES AVAILABLE. G. CONFLICT OF LAWS: THIS AGREEMENT TO PURCHASE AND THE PERFORMANCE OF THE PARTIES HEREUNDER SHALL BE CONSTRUED WITH AND GOVERNED BY THE LAWS OF THE CITY OF EDGEWATER AND THE STATE OF FLORIDA. 7. MODIFICATIONS: NO MODIFICATION IN PRICE, DELIVERY, METHOD OR SCHEDULE, QUANTITY, QUALITY, SPECIFICATIONS OR ANY OTHER TERM OF THE CONTRACT WILL BE EFFECTIVE UNLESS AGREED TO IN WRITING, AND SIGNED BYAN AUTHORIZED PURCHASING AGENT. B. TAXES: THE CITY OF EDGEWATER FLORIDA IS EXEMPT FROM THE PAYMENT OF ALL FEDERAL EXCISE TAXES AND SALES TAXES OF THE STATE OF FLORIDA, AND GENERALLY ALL OTHER STATE GOVERNMENTS. VENDOR/SELLER SHALL FURNISH THE PROPER EXEMPTION CERTIFICATE State of Florida sales tax exemption number: 85-8013848356C7 Federal Employee Identification number: 59-6000-314 9. PATENTS & ROYALTIES: THE VENDOR/SELLER, WITHOUT EXCEPTION, SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF EDGEWATER AND ITS EMPLOYEES FROM LIABILITY OF ANY NATURE OF KIND, INCLUDING COSTS AND EXPENSES FOR OR ON ACCOUNT OF ANY COPYRIGHTED, PATENTED OR UNPATENTED INVENTION, PROCESS OR ARTICLE MANUFACTURED OR SUED IN THE PERFORMANCE OF THE CONTRACT, INCLUDING ITS USE BY THE CITY OF EDGEWATER. IF THE VENDOR/SELLER USES ANY DESIGN, DEVICE, OR MATERIALS COVERED BY LETTER, PATENT OR COPYRIGHT, IT IS MUTUALLY AGREED AND UNDERSTOOD WITHOUT EXCEPTION THAT THE LISTED PRICES SHALL INCLUDE ALL ROYALTIES OR COSTARISING FROM THE USE OF SUCH DESIGN, DEVICE OR MATERIALS IN ANYWAY INVOLVED WITH THE WORK. 14. INVOICING/PAYMENTS: FURNISH ALL INVOICES IN DUPLICATE AND MAIL TO THE ADDRESS INDICATED ON THE FRONT. SEND A SEPARATE INVOICE FOR EACH SHIPMENT. INCLUDE THE CORRECT PURCHASE ORDER NUMBER ON EACH INVOICE. UNLESS PREVIOUSLY AGREED UPON BY BOTH THE CITY AND VENDOR, ALL INVOICING AND PAYMENTS WILL BE AS OUTLINED IN THE (LOCAL GOVERNMENT PROMPT PAYMENTACT (FS 218. PART VII). 11, PRICES: IF PRICES ARE HIGHER THAN SPECIFIED, 00 NOT SHIP WITHOUT THE PURCHASING AGENTS PRIOR WRITTEN APPROVAL. 12. CLEAN HANDS: BY ACCEPTING THIS CONTRACT, THE SELLER WARRANTS THAT NEITHER THE BUSINESS, NOR ANY OFFICER OR SIGNIFICANT STAKEHOLDER OF THE BUSINESS 15 IN VIOLATION OF THE CITY OF EDGEWATER CODE AND DO NOT OWE THE CITY ANY PAST DUE DEBT. THE SELLER SPECIFICALLY AGREES THAT THE CITY MAY WITHHOLD ANY MONEY OWED THE SELLER FROM THIS CONTRACT FOR ANY EXISTING CODE VIOLATIONS AND/OR PAST DUE DEBT. IF THE SELLER MISREPRESENTS THE STATUS OF THE BUSINESS, ANY OFFICER OR SIGNIFICANT STAKEHOLDER, THE CITY WILL CONSIDER THIS A MATERIAL DEFECT OF THIS CONTRACT AND SHALL HAVE THE RIGHT TO IMMEDIATELY TERMINATE IT. ITB 20-E5-002 - TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN 21 ITB 20-ES-002 TATUM BOULEVARD TO ELIZABETH STREET WATER MAIN Bid Tabulation Sheet - REVISED Bid Opening 2/6/2020 3:00 pm Respondent Bid Bond Total Base Bid Alt #1: Net Effect Total Base plus Alt #1 $703,805.00 $84,400.00 $788,205.00 The Kenton Group, Inc Y $393,385.00 (-$34,400.00)$358,985.00 SanPik, Inc Y $533,650.00 (-$2,800.00)$530,850.00 Hazen Construction Co.Y $570,760.00 $0.00 $570,760.00 Masci Construction, Inc.Y $618.429.20 $0.00 $618,429.20 J.D. Weber Construction Co.Y $664,124.00 No Bid N/A DB Civil Construction, LLC.Y $703,985.00 (-$11,580.00)$692,405.00 * This document has been revised to reflect the Total Base and Bid Alternate #1 bids for the respondants. City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2020-4665,Version:1 COUNCIL AGENDA ITEM SUBJECT: US-1 Water Main: Indian River Boulevard to South Riverside Drive (CRA) DEPARTMENT: Environmental Services SUMMARY: The Edgewater Community Redevelopment Agency (CRA)board adopted the FY2019-2020 budget on 10/07/2019 which included the construction of a new water line along the eastern right-of-way of South Ridgewood Avenue (US-1)from East Indian River Boulevard to South Riverside Drive,approximately 2,800 linear feet.This new water line will support existing and future development and provide adequate fire protection for the properties along the eastern side of US-1.At the City’s request,Mead &Hunt,Inc.provided the attached proposal to design,permit,and assist the City in procuring a contractor to construct this project. The cost of permit fees were not included in the proposal.The Volusia County Health Department PWS Construction permit fee is $700. Florida Department of Transportation typically does not charge permit fees. BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable CRA Budget $225,000 BUDGET AMENDMENT REQUIRED:☒ Yes ☐ No ☐ Not Applicable 125-5555-580.49-10 (-$63,745.00) 444-5555-580.63-10 +$63,745.00 RECOMMENDED ACTION: Motion to approve proposal from Mead &Hunt Inc.in the amount of $63,045 for the subject project plus $700 for associated permit fees. City of Edgewater Printed on 2/21/2020Page 1 of 1 powered by Legistar™ Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com January 30, 2020 Randy Coslow Email: rcoslow@cityofedgewater.org Deputy Director of Environmental Services / City Engineer Hard Copy Mailed Only on Request City of Edgewater P.O. Box 100 Edgewater, FL 32032 CITY OF EDGEWATER S. RIDGEWOOD AVENUE WATER MAIN EXTENSION – SR442 TO RIVERSIDE DRIVE SCOPE OF SERVICES AND FEE ESTIMATE Dear Randy, In accordance with your request, we are pleased to offer the enclosed scope of services and fee estimate for the above referenced project. As we understand it, the City desires Mead & Hunt to perform design, permitting and bidding assistance services for the project. The attached scope of services and fee estimate describes the services Mead & Hunt understands are required. Mead & Hunt is well qualified to provide these services. We appreciate this opportunity to continue to be of service. If you have any questions or require further assistance, please do not hesitate to call. Respectfully, David A. King, P.E. Andrew M. Giannini, P.E. Vice President/Business Unit Leader Associate/Senior Project Manager DAK/AMG:bf Enclosure: Scope of Services & Fee Estimate Randy Coslow January 30, 2020 Page 2 Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com CITY OF EDGEWATER S. RIDGEWOOD AVENUE WATER MAIN EXTENSION – SR442 TO RIVERSIDE DRIVE SCOPE OF SERVICES AND FEE ESTIMATE The Task Order is in conformance with the Professional Services Agreement for Engineering Services, dated December 2, 2013 between the City of Edgewater (CITY) and Mead & Hunt, Inc. (MEAD & HUNT) and is referred to herein as the Contract. BACKGROUND The CITY Utilities Department desires to install a water main with associated fittings, valves and fire hydrants along the east side of South Ridgewood Avenue between SR442 (Indian River Blvd.) and Riverside Drive. The work will consist of the following: • Survey of the area for the water main route – approximately 2,800 lineal feet (LF) – east side of Ridgewood Avenue only. • Limited Subsurface Underground Engineering of the route to locate existing underground utilities • Design and permitting of approximately 2,800 lineal feet of water main and all associated fittings, valves, and fire hydrants. The pipe size and construction method will be determined during the design phase. The pipe size will be a minimum of 6 inch. A water model will determine size to service the fire protection capacity required for this route. • New water service lines to existing lots/parcels will be installed as part of this scope of work. • New fire hydrants will be added per CITY Code of Ordinances and/or Fire Department, latest standards. SCOPE OF WORK PHASE 1 – PROJECT MANAGEMENT AND MEETINGS CONSULTANT’S Project Manager (PM) will manage the project staff, administer services, attend meetings, and conduct QA/QC activities for all work products, including: 1. Project coordination, monthly status reports, and invoices. 2. Facilitate, attend, and prepare record notes of formal meetings. 3. Meeting notes will document discussions during the meeting and resultant action items. These and other written correspondence will be transmitted to CITY via e-mail. CONSULTANT will participate in the following meetings: a. CONSULTANT will conduct a project kick-off meeting with the project team and CITY staff to review project goals, scope of work, project schedule and administrative issues. Following the meeting, CONSULTANT will prepare written minutes of the project meeting and distribute to the attendees. This meeting will be held on-site at CITY facility. Randy Coslow January 30, 2020 Page 3 Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com b. 60% design review meeting to review client comments on design drawings and specifications. Comments received will be incorporated into the 90% design documents. This meeting will be held on-site at the CITY facility. c. 90% design review meeting to review client comments on design drawings and specifications. Comments received will be incorporated into the 100% Issued for Bid (IFB) design documents. This meeting will be held on-site at the CITY facility. d. CONSULTANT will attend a pre-bid meeting to present the project details and answer potential bidders’ questions. This meeting will be held at the CITY facility and at the project site(s) as needed. 4. CONSULTANT will control the quality of work products delivered to the CITY by implementing a quality assurance and control process, which includes: a. Independent technical review by technical experts to review alternatives developed and evaluated, and recommendations made by the project team. Reviews will include evaluations of constructability, performance, conflicts, etc. b. Independent review of each technical work product before its submission to the CITY. PHASE 2 – FIELD INVESTIGATION, SURVEY AND SUBSURFACE UTILITY ENGINEERING: Survey CONSULTANT will utilize a surveying and mapping company to provide right-of-way and topography, and readily available utility location information for the survey product for the project. Site Visits CONSULTANT will visit the project site to verify existing conditions and requisite modifications to accommodate improvements. Subsurface Utility Engineering (SUE) CONSULTANT will provide the following Level “D”, “C” and “B” Utility Locating services: 1. Quality Level “D”/Utility Records Research a. Contact Sunshine One Call and register a design ticket. b. Collect utility contact information from Sunshine One Call. c. Request utility information in writing (electronic or US Mail) from the utility companies, including utility record drawings and/or plan markups. d. Conduct cursory field review to ascertain evidence of any additional utilities. 2. Quality Level “C”/Utility Mapping a. Utilize survey subconsultant to collect information on visible above ground utility features and accessible gravity flow utility pipe and invert information. b. Correlate and compare collected information with Quality Level “D” information to estimate the utility locations using simple logic. Randy Coslow January 30, 2020 Page 4 Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com 3. Quality Level “B”/Utility Designating a. In conjunction with an excavation locate ticket (for geotechnical explorations, etc.), designation of underground utilities by utility or contracted locator. b. Utilize survey subconsultant to collect utility designations and/or conduct field review and collect utility designations using measurements from visible features. c. Correlate and compare collected information with Quality Level “D” and “C” information. PHASE 3 – PROJECT DESIGN 60% Design Development CONSULTANT will develop 60% plans and specifications that reflect the proposed improvements. The CITY standard front-end contract documents will be used and coordinated with the CONSULTANT’s technical specifications. CONSULTANT will provide a 60% engineer’s opinion of probable construction cost (EOPCC). The 60% submittal package will be submitted to the CITY for review and comment. The submittal will include drawings, technical specifications, and the EOPCC. Two (2) copies of the submittal package will be provided to the CITY. It is assumed the CITY will conduct their review and a meeting will be held at the end of the CITY review. 90% Design Development Based on the CITY’s 60% review comments and discussions at the 60% review meeting, CONSULTANT will advance the 60% design drawings to 90% completion. CONSULTANT will advance the 60% technical specifications to the 90% level for construction of the new components and facilities. The CONSULTANT’s 60% EOPCC will be updated for the 90% submittal. The 90% submittal package will be prepared and submitted to the CITY and permitting agencies for review and comment. The submittal will include drawings, technical specifications, and the 90% EOPCC. Two (2) copies of the submittal package will be provided to the CITY. A comment/response log will be included with the submittal to document how the CITY comments from the 60% review meeting are addressed in the 90% submittal. It is assumed the CITY will conduct their review within two (2) weeks, and a meeting will be held at the end of the CITY review. 100% Design Development Based on the CITY’s 90% review comments, discussions at the 90% review meeting and permitting RAIs/responses, CONSULTANT will advance the 90% design drawings to 100% completion. CONSULTANT will advance the 90% technical specifications to the 100% level for construction. The CONSULTANT’s 90% EOPCC will be updated for the 100% submittal. Randy Coslow January 30, 2020 Page 5 Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com PHASE 4 – PERMITTING VCDOH Specific Permit to Construct PWS Components CONSULTANT will prepare and submit the permit application in accordance with the specific permit requirements. The CITY will receive one (1) electronic copy of all final applications and permits. An allowance is included for permit application fees. CONSULTANT will respond to VCDOH Requests for Additional Information (RAI’s) to complete the permit applications. Follow up phone calls with the regulators to assist with the responses are included in the task. Responses will be limited to clarifications related to the submittals in accordance with the documented permit requirements. CONSULTANT will respond to RAI’s in a timely manner so as to minimize any potential schedule impacts. FDOT Utility Permit CONSULTANT will prepare and submit the permit application in accordance with the specific permit requirements. The CITY will receive one (1) electronic copy of all final applications and permits. All permit fees will be paid by the CITY. CONSULTANT will respond to FDOT for additional information to complete the permit applications. Follow up phone calls with the regulators to assist with the responses are included in the task. Responses will be limited clarifications related to the submittals in accordance with the documented permit requirements. CONSULTANT will respond to RAI’s in a timely manner so as to minimize any potential schedule impacts. PHASE 5: BIDDING SERVICES The CITY will be responsible for managing the bid process, i.e., advertisement, distribution of bid packages, receipt and opening of bids. CONSULTANT will provide the following bid phase services: Pre-Bid Meeting CONSULTANT will attend a pre-bid meeting at CITY offices to review the project details and to respond to attendee’s questions. Addenda and Requests for Additional Information (RAI’s) CONSULTANT will respond to RAI’s during the bid period. All requests and responses will be documented and submitted to the CITY for distribution to potential bidders. Where a RAI that requires an addendum to sufficiently provide the requested information, CONSULTANT will prepare and submit addenda to the CITY for distribution to potential bidders. Randy Coslow January 30, 2020 Page 6 Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com Bid Tabulation and Recommendation of Award CONSULTANT will complete a review of the bids for completeness and conformance with the bidding and contract requirements. CONSULTANT will evaluate the low bidder(s) submitted qualifications information and contact provided references to inquire about bidders’ experience. Based on that review, CONSULTANT will submit to the CITY a bid tabulation and a recommendation of award. EXCLUSIONS The scope of services excludes all items not specifically described herein, including but not limited to: • All work not specifically described above. • Construction phase services are not included in this proposal. SCHEDULE Mead & Hunt will strive to complete the work per the following schedule: Phase/Task Duration to Complete Starting upon Phase 1 - Project Management & Meetings 180 days (est.) Receipt of notice to proceed Phase 2 – Field Investigation/Survey/SUE 45 days Receipt of notice to proceed Phase 3 – Project Design 45 days Receipt of survey Phase 4 - Permitting 45 days Approval of 90% design documents Phase 5 – Bidding Services TBD (Per CITY bidding schedule) The above timeframes do not include Client and agency review time. COMPENSATION The work described under the Scope of Services will be performed on a lump-sum basis and/or time-and- expense basis. Client will pay Mead & Hunt $63,045.00 as fees for the work performed under this contract. The above fee/cost is based on the following breakdown: Phase/Task Fee/Cost Basis Phase 1 - Project Management & Meetings $3,990 Lump Sum Phase 2 – Field Investigation/Survey/SUE $4,703 Lump Sum Phase 3 – Project Design $32,139 Lump Sum Phase 4 - Permitting $6,850 Lump Sum Phase 5 – Bidding Services $5,038 Lump Sum Phase 6 –Subconsultants/Reimbursables $10,325 Time & Expense Total $63,045 per above Randy Coslow January 30, 2020 Page 7 Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com AUTHORIZATION: The scope of services and compensation stated in this proposal are valid for a period of thirty (30) days from date of submission. If authorization to proceed is not received during this period, this proposal may be withdrawn or modified by CONSULTANT. Accepted by: CITY OF EDGEWATER Approved by: MEAD & HUNT, INC. By: By: Name: Name: David A. King, P.E. Title: Title: Vice President/Business Unit Leader The above person is authorized to sign for Client and bind the Client to the terms hereof. Date: Date January 28, 2020 “PURSUANT TO FLORIDA STATUTE SECTION 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT OF MEAD & HUNT INC., MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.” IF THE CONTRACTOR (MEAD & HUNT, INC.) HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S (MEAD & HUNT, INC.’s) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT (PROPOSAL), CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY HALL, CITY OF EDGEWATER, 104 N. RIVERSIDE DRIVE, EDGEWATER, FL 32132, City Clerk, Robin L. Matusick, (386) 424-2400, Ext. 1102, rmatusick@CITYOFEDGEWATER.ORG. CITY OF EDGEWATER S. RIDGEWOOD AVENUE WATER MAIN EXTENSION – SR442 TO RIVERSIDE DRIVE ESTIMATED MANHOUR SCHEDULE January 30, 2020 Phase Reference Description Project Manager (hours) Project Engineer (hours) CADD Technicians (hours) Production/QC Manager (hours) Technician II (hours) Clerical (hours)Total Task ($) $179.00 $165.00 $109.00 $156.00 $109.00 $73.00 See Below 1 Project Management and Meetings 8 2 4 4 0 16 $ 3,990.00 Subtotals 8 2 4 4 0 16 $ 3,990.00 2 Quality Level "D" Utility Records Research 0 1 0 2 8 2 $ 1,495.00 Quality Level "C" Utility Mapping 0 1 0 2 8 2 $ 1,495.00 Quality Level "B" Utility Designating 0 1 2 2 8 2 $ 1,713.00 Subtotals 0 3 2 6 24 6 $ 4,703.00 3 Prepare 60% documents for review by the City 4 16 40 4 4 16 $ 9,944.00 Prepare 90% documents for review by the City 2 8 32 4 4 16 $ 7,394.00 Submit signed/sealed permit applications 1 4 2 0 0 2 $ 1,203.00 Respond to RAIs as requested 1 4 4 2 0 2 $ 1,733.00 Prepare 100% design plans and specs for bid 2 8 28 4 0 16 $ 6,522.00 Prepare correspondence, deliverables at 60%, 90% and final 1 4 0 4 2 16 $ 2,849.00 Prepare signed/sealed Final Design documents 4 8 0 2 0 2 $ 2,494.00 Subtotals 15 52 106 20 10 70 $ 32,139.00 4 Prepare/Submit VCDOH Permit to Construct PWS Components 0 2 0 8 0 2 $ 1,724.00 Respond to VCDOH Requests for Additional Information (RAIs) as requested 0 2 4 4 0 2 $ 1,536.00 Prepare/Submit FDOT Utility Permit 0 2 0 8 0 2 $ 1,724.00 Respond to FDOT Requests for Additonal Information (RAIs) as requested 0 4 4 4 0 2 $ 1,866.00 Subtotals 0 10 8 24 0 8 $ 6,850.00 5 Prepare meeting agenda and attend pre-bid meeting 4 4 0 0 0 2 $ 1,522.00 Prepare/Distribute Addenda and Respond to Requests for Additional Information (RAIs)2 4 0 2 0 8 $ 1,914.00 Attend bid opening, evaluate bids, and prepare bid tabulation & award recommendation ltr 2 4 0 0 0 8 $ 1,602.00 Subtotals 8 12 0 2 0 18 $ 5,038.00 TOTAL ALL TASKS 31 79 120 56 34 118 $ 52,720.00 $ 52,720.00 4 Subconsultant/Reimbursables Breakdown: $ 10,325.00 Description Amount $ 63,045.00 Route Survey by Cory Surveying $ 8,375.00 Permit Application Fees (1 application x $950) $ 950.00 Printing/Reproduction $ 1,000.00 Total $ 10,325.00 Notes:1. Construction phase services are not included. Lump Sum Total Subconsultant/Reimbursables GRAND TOTAL Hourly Rate Project Design Bidding Assistance Permitting Field Investigation, Survey and Subsurface Utility Engineering EW Updated S Ridgewood WM EXT SR442 TO RIVERSIDE Fee Estimate 01-30-20 Volusia County Health Department Safe Drinking Water Act Construction Permit Fees Resolution 2010-159 Effective October 1, 2010 Type Construction Permit for Rule Citation VCHD Fee DEP Fee TOTAL DS -C COMMUNITY SYSTEM ** 62-4.050 4 n 4a $50 $ 900 $ 950 DS -MM MINOR PERMIT MODIFICATION 62-4.050(4)(s)5 $250 $ 250 $ 500 DS -T TRANSIENT WATER SYSTEM ** 62-4.050(4)(n)4c $50 $ 500 $ 550 DS -NT NON-TRAN NON -COMM SYSTEM ** 62-4.050(4)(n)4b $50 $ 700 $ 750 DS -TO TRANSFER OF OWNERSHIP 62-4.050(4)(s)3 $50 $ 50 $ 100 DS -TX TIME EXTENSION 62-4.050(4)(s)3 $50 $ 50 $ 100 DSGP-01 General Permit- Non PE ** 62-4.050(4)(n)8b $50 $ 500 $ 550 DSGP-02 General Permit - PE ** 62-4.050(4)(n)8a $50 $ 650 $ 700 DSGP-TO TRANSFER OF OWNERSHIP 62-4.050(4)(s)3 $50 $ 50 $ 100 WC -01 CAT 15 MGD & ABOVE * 62-4.050(4)(n)1a $1,875 $ 12,500 $ 14,375 WC -02 CAT 11 UP TO 5 MGD * 62-4.050(4)(n)1b $1,500 $ 10,000 $ 11,500 WC -03 CAT 1.25 UP TO 1 MGD * 62-4.050(4)(n)1c $1,050 $ 7,000 $ 8,050 WC -04 CAT 115 MGD & ABOVE * 62-4.050(4)(n)1a $1,875 $ 12,500 $ 14,375 WC -05 CAT 111 UP TO 5 MGD * 62-4.050(4)(n)1 b $1,500 $ 10,000 $ 11,500 WC -06 CAT 11 .25 UP TO 1 MGD * 62-4.050(4)(n)1c $1,050 $ 7,000 $ 8,050 WC -07 CAT 11.1 UP TO .25 MGD * 62-4.050(4)(n)1d $600 $ 4,000 $ 4,600 WC -08 CAT 1115 MGD & ABOVE * 62-4.050(4)(n)1a $1,875 $ 12,500 $ 14,375 WC -09 CAT 1111 UP TO 5 MGD * 62-4.050(4)(n)1b $1,500 $ 10,000 -11 $ 11,500 WC -10 CAT 111.25 UP TO 1 MGD * 62-4.050(4)(n)1c $1,050 $ 7,000 $ 8,050 WC -11 CAT 111.1 UP TO .25 MGD * 62-4.050(4)(n)1 d $600 $ 4,000 $ 4,600 WC -12 CAT IV 5 MGD & ABOVE * 62-4.050(4)(n)2a $1,875 $ 12,500 $ 14,375 WC -13 CAT IV 1 UP TO 5 MGD * 62-4.050(4)(n)2b $1,500 $ 10,000 $ 11,500 WC -14 CAT IV .25 UP TO 1 MGD * 62-4.050(4)(n)2c $1,050 $ 7,000 $ 8,050 WC -15 CAT IV .1 UP TO .25 MGD * 62-4.050(4)(n)2d $600 $ 4,000 $ 4,600 WC -16 CAT V 5 MGD & ABOVE * 62-4.050(4)(n)3a $1,500 $ 10,000 $ 11,500 WC -17 CATV 1 UP TO 5 MGD * 62-4.050 4 n 3b $900 $ 6,000 $ 6,900 WC -18 ICAT V.25 UP TO 1 MGD * 62-4.050 4 n 3c $300 $ 2,000 $ 2,300 WC -19 ICAT V.1 UP TO .25 MGD * 62-4.050(4)(n)3d $150 $ 1,000 $ 1,150 WC -20 CONST WATER SUPPLY WELL 62-4.050 4 n 5b $500 $ 500 $ 1,000 WC -21 CONST WAT SUP WELL -DEL 62-4.050 4 n 5a $1,000 $ 1,000 $ 2,000 WC -3A CAT I UP TO .25 MGD * 62-4.050(4)(n)1d $600 $ 4,000 $ 4,600 WC -313 CAT I UP TO 0.1 MGD * 62-4.050(4)(n)1e $300 $ 2,000 $ 2,300 WC -3C CAT 11 UP TO 0.1 MGD * 62-4.050 4 n 1e $300 $ 2,000 $ 2,300 WC -31D CAT III UP TO 0.1 MGD * 62-4.050(4)(n)1e $300 $ 2,000 $ 2,300 WC -3E CAT IV UP TO 0.1 MGD * 62-4.050(4)(n)2e $300 $ 2,000 $ 2,300 WC -3F CAT V UP TO 0.1 MGD * 62-4.050(4)(n)3e $90 $ 600 $ 690 WC -3G CAT IV UP TO .01 MGD * 62-4.050(4)(n)2f $120 $ 800 $ 920 WC -M1 MINOR MODIFICATION >.1 MGD 62-4.050(4)(n)7a $1,000 $ 1,000 $ 2,000 WC -M2 MINOR MOD <.1 MGD 62-4.050(4)(n)7b $500 $ 500 $ 1,000 WC -MA MAJOR MOD 1 MGD & UP 62-4.050(4)(n)6a $4,000 $ 4,000 $ 8,000 WC -MB MAJOR MOD 0.1 TO 1 MGD 62-4.050(4)(n)6b $2,000 $ 2,000 $ 4,000 WC -MC MAJOR MOD .01 TO 0.1 MGD 62-4.050(4)(n)6c $1,000 $ 1,000 $ 2,000 WC -MD MAJOR MOD UP TO .01 MGD 62-4.050(4)(n)6d $500 $ 500 $ 1,05 -0 - WC -MM IMINOR PERMIT MODIFICATION 62-4.050(4)(s)5 $250 $ 250 $ 500 WC -TO ITRANSFER OF OWNERSHIP 62-4.050(4)(s)3 $50 $ 50 $ 100 WC -TX TIME EXTENSION 62-4.050(4)(s)3 $50 $ 50 $ 100 WC -V1 VAR/EXEMPT MCL OR TREAT 62-4.050(4)(q)3 $1,000 $ 1,000 $ 2,000 WC -V2 VAR PERMIT STAND/COND 62-4.050(4)(q)4 $21000 $ 2,000 $ 4,000 WCGP-01 COR CONTROL- PE 62-4.050(4)(n)8a $650 $ 650 $ 1,300 WCGP-02 COR CONTROL Non - PE 62-4.050(4)(n)8b $500 $ 500 $ 1,000 WCGP-TO ITRANSFER OF OWNERSHIP 62-4.050(4)(s)3 $50 $ 50 $ 100 * The statutory limit as stated in Florida Statute 403.087(6)(a)2 is $15,000.00 ** - The statutory limit as stated in Florida Statute 403.087(6)(a)8 is $1,000.00 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2020-4636,Version:1 COUNCIL AGENDA ITEM SUBJECT: Approval of the Victim of Crime Act (VOCA) Application and Agreement DEPARTMENT: Police SUMMARY: The City of Edgewater has been participating with the State of Florida Attorney General’s Office since 2005 with the Victim of Crime Act (VOCA).The City is requesting $50,409.09 with a match amount of $9,517.44 for reimbursement to the City for funding the Victim Advocate position. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Staff recommends City Council approve the submission of the 2020/21 grant application and authorize the City Manager to sign the Grant Application Request and Agreement City of Edgewater Printed on 2/21/2020Page 1 of 1 powered by Legistar™ OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Applicant Information Provide the legal name of the Applicant Agency. If awarded funding, this information will be used for contract purposes. Edgewater Police Department Federal Data Universal Numbering System (DUNS) Number: 782080501 Federal Employee Identification Number (FEIN): 596000314 Registered with the System of Award Management (formally CCR)? Yes Agency Director: Prefix (Mr., Ms., Dr., etc.) Mr. Title: Chief of Police Name: Telephone #: Mailing Address: (Street, P.O. Box, etc.) Joseph Mahoney (386) 424-2400 Fax #: (386) 424-2431 Post Office Box 100 City: Edgewater Zip Code: 32132-0100 Email Address: jmahoney@cityofedgewater.org Performance Report Contact: Prefix (Mr., Ms., Dr., etc.) Miss Name: Emilee Cope Telephone #: (386) 424-2400 Mailing Address: Post Office Box 100 (Street, P.O. Box, etc.) City: Zip Code: Email Address: Financial Contact: Edgewater 32132-0100 ecope@cityofedgewater.org Prefix (Mr., Ms., Dr., etc.) Mrs. State: Florida Title: Victim Advocate Fax #: (386) 424-2431 State: Florida Title: Assistant 01/17/2020 Page 1 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Applicant Information Name: Kelly Woodworth Telephone #: (386) 424-2400 Fax #: (386) 424-2431 Mailing Address: Post Office Box 100 (Street, P.O. Box, etc.) City: Edgewater State: Florida Zip Code: 32132-0100 Email Address: kwoodworth@cityofedgewater.org I acknowledge that I have read, understand, and agree to the conditions set forth in the Victims of Crime Act (VOCA) Grant Application, Instructions and the VOCA Rules for the duration of the grant period. I certify that the information contained in this application is true, complete and correct. I acknowledge that the applicant agency, if awarded a VOCA grant, will comply with Federal Rules Regulating Grants and State Criteria. Subrecipients must comply with the applicable provisions of VOCA, the VOCA Rules, the requirements of the OJP Financial Guide, effective edition, and all laws, rules and regulations applicable to expenditures of State funds including the Reference Guide for State Expenditures. Subrecipients must maintain appropriate programmatic and financial records that fully disclose the amount and disposition of VOCA funds received. This includes: financial documentation for disbursements; daily time and attendance records specifying time devoted to allowable VOCA victim services; client files; the portion of the project supplied by other sources of revenue; job descriptions; contracts for services; and other records which facilitate an effective audit. Subrecipients will abide by any additional eligibility or service criteria as established by the state grantee including submitting statistical and programmatic information on the use and impact of VOCA funds, as requested. PUBLIC AGENCIES ONLY: I hereby certify that pursuant to the VOCA Rules, grant funds will be used to enhance or expand services and will not be used to supplant state and local funds that would otherwise be available for crime victim services. Signature of Agency Director: Joseph Mahoney Date: January 07, 2020 2:15PM 01/17/2020 Page 2 of 53 OFFICE OF THE FLORIDA ATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Agency Eligibility 1) Identify which of the following categories best describes the applicant agency: Public 2) Describe the type of implementing agency (choose only one category): Government Agencies Only (choose one from the drop-down menu): Law Enforcement Describe Other: Campus Organizations Only (choose one from the drop-down menu): Describe Other: Non-profit Organization Only (choose one from the drop-down menu): Federally Recognized Tribal Governments, Agencies, and Organizations Only (choose one from the drop-down menu): Describe Other: 3) Judicial circuit to be served: Seventh 4) Subgrantee Agency Service Area(s) (List the counties that cover the service area of your organization); Volusia County 5) List the total population of the service area: 538,180 6) Describe the geographic characteristics of the service area (choose one from the drop-down menu): Urban 7) Congressional District(s) served: 6th 01/17/2020 Page 3 of 53 OFFICE OF THE FLORIDA ATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Agency Eligibility 8) Describe the purpose of the Proposed VOCA sub award: (choose one from the drop-down menu): Continue a VOCA funded victim project funded in a previous year 9) Funds will primarily be used to (choose one from the drop-down menu): Continue existing services to crime victims 10) Is the applicant organization faith -based? (choose one from the drop-down menu): No 11) Include the address of the location(s) victim services will be provided: 135 East Park Avenue Edgewater, FL 32132 12) Provide the agency's website address: www.cityofedgewater.org 01/17/2020 Page 4 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Certification Regarding Debarment Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4.The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 01/17/2020 Page 5 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Certification Regarding Debarment 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may check the Non -procurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which the transaction originated may pursue available remedies, including suspension and/or debarment. U. S. DEPARTMENT OF JUSTICE OFFICE OF THE COMPROLLER OFFICE OF JUSTICE PROGRAMS Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered transactions (Sub -Recipient) This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 67.510. Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160 B 19211). 1) The prospective lower tier participant certifies, by submission of the proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 01/17/2020 Page 6 of 53 OFFICE OF THE FLORIDA ATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Certification Regarding Debarment Joseph Mahoney, Chief of Police Name and Title of Authorized Official v Signature of Authorized Official Edgewater Police Department Name of Organization Post Office Box 100 Address of Organization January 15, 2020 9:26AM Date Signed 01/17/2020 Page 7 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Special Conditions Certification Victims of Crime Act (VOCA) Section 539, Consolidated and Further Continuing Appropriations Act, 2013, Special Conditions Certification Form Section 539 of the Consolidation and further Continuing Appropriations Act, 2013 provides the following requirement: Computer Network Requirement The Agency understands and agrees that: a)No award funds may be used to maintain or establish a computer network system unless such network blocks the viewing, downloading, and exchanging of pornography, and b)Nothing in item (a) limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. * Each agency must have some type of blocking software, if their networks are supported ("maintained") by VOCA funds; * This includes the purchase of new computer equipment (computers, monitors and printers), or software of any kind (new and/or updates) for the computer network system. AGENCY CERTIFICATION: VOCA funding is NOT USED to maintain or establish a computer network system. OR VOCA funding is USED to maintain or establish a computer network system. However, the computer network system is (select one below): Is currently blocking the viewing, downloading, and exchanging of pornography, or Is not able to block the viewing, downloading and exchanging of pornography. Anticipated date of blocking software purchase (fill in date), or Exempt because organization is a Federal, State, tribal, or local law enforcement agency, or an entity carrying out criminal investigations, prosecutions, or adjudication activities. Agency Name: Edgewater Police Department Name of Authorized Official: Joseph Mahoney, Chief of Police Signature and Title of Authorized Official: v 01/17/2020 Page 8 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Special Conditions Certification Date of Certification: 1/15/2020 OAG Staff Only: Approved Approved By Not Approved January 15, 2020 9:27AM Date Approved 01/17/2020 Page 9 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Standard Assurances U.S. Department of Justice Office of Justice Programs Office for Victims of Crime AWARD CONTINUATION SHEET Grant Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Failure to comply with any one or more of these award requirements—whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period—may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. The Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or unenforceable, such provision shall be deemed severable from this award. 2. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2019 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2019 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2019 award. 01/17/2020 Page 10 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Standard Assurances For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https:Hoop.gov/funding/Part2000niformReguirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain — typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies — and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 3. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https:Hoip.gov/financialquide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 4. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 5. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be 01/17/2020 Page 11 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Standard Assurances applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 6. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate), as well as the Florida Office of the Attorney General ("OAG"), in writing of the potential duplication, and, if so requested by the DOJ awarding agency and/or OAG, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 7. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://oip.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by the reference here. This condition does not apply to an award, to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 8. Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must— A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both - 01/17/2020 Page 12 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Standard Assurances (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E -Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E -Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E -Verify (and follows the proper E -Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. 01/17/2020 Page 13 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Standard Assurances C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and (2). Questions about E -Verify should be directed to DHS. For more information about E -Verify visit the E -Verify website (https://www.e-verify..qov/) or email E -Verify at E-Verify(@dhs.gov. E -Verify employer agents can email E -Verify at E-VerifyEmployerAgent(a�dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 9. Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient)—(1) creates, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-1 30). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 10. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that—for purposes of federal grants administrative requirements—OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirements for authorization of any subaward are posted on the OJP web site at https:Homp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 11. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 01/17/2020 Page 14 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Standard Assurances The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that—for purposes of federal grants administrative requirements—OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https:Ho*p.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 12. Unreasonable restrictions on competition under the award; association with federal government SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier). 1. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements—including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process")—no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. the term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government—as an employee, contractor or subcontractor (at any tier), grant recipient or subrecipient (at any tier), agent, or otherwise—in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on 01/17/2020 Page 15 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Standard Assurances behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. 13. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://omp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 14. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated—in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute—that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP website at https://omp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 15. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and 01/17/2020 Page 16 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Standard Assurances reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the DOJ Grants Financial Guide"). 16. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 17. OJP Training Guiding Principles Any training or training materials that recipient—or any subrecipient ("subgrantee") at any tier—develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https:Homp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. 18. Effect of failure to address audit issues The recipient understands and agrees that the DOJ award agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 19. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the performance of this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list. 20. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination – 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 01/17/2020 Page 17 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Standard Assurances 21. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cqi-bin/ECFR?page=browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under a -CFR "current' data. 23. Restrictions on "lobbying" In general, as a matter of federal law, federal funds awards by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law). Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 01/17/2020 Page 18 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Standard Assurances 24. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2019) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2019, are set out at https:Hoip.gov/funding/Explore/FY19APi)ropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 25. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award— (1) submitted a claim that violates the False Claim Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by—(1) online submission accessible via the OIG webpage at https:Hoig.oustice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Fraud Detection Office (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG web site at https://oig.iustice.gov/hotline. 26. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which related to classified information), Form 4414 (which related to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 01/17/2020 Page 19 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Standard Assurances 1. In accepting this award, the recipient a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both— a. it represents that— (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 27. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. 01/17/2020 Page 20 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Standard Assurances The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 28. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Message While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 29. Requirements to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting(aDoip.usdoi.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. 30. Discrimination Findings The recipient assures that in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the ground of race, religion, national origin, sex, or disability against a recipient of victim assistance formula funds under this award, the recipient will forward a copy of the findings to the Office for Civil Rights of OJP. 31. VOCA Requirements The recipient assures that the State and its subrecipients will comply with the conditions of the Victims of Crime Act (VOCA) of 1984, sections 1404(a)(2), and 1404(b)(1) and (2), 34 U.S.C. 20103(a)(2) and (b) (1) and (2) (and the applicable program guidelines and regulations), as required. Specifically, the State certifies that funds under this award will: 01/17/2020 Page 21 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Standard Assurances a) be awarded only to eligible victim assistance organizations, 34 U.S.C. 20103(a)(2); b) not be used to supplant State and local public funds that would otherwise be available for crime victim assistance, 34 U.S.C. 20103(a)(2); and c) be allocated in accordance with program guidelines or regulations implementing 34 U.S.C. 20103(a) (2)(A) and 34 U.S.C. 20103(a)(2)(B) to, at a minimum, assist victims in the following categories: sexual assault, child abuse, domestic violence, and underserved victims of violent crimes as identified by the State. 32. The recipient, and any subrecipient ("subgrantee") at any tier, must authorize the Office for Victims of Crime (OVC) and/or the Office of the Chief Financial Officer (OCFO), and its representatives, access to and right to examine all records, books, paper or documents related to the VOCA grant. 33. The recipient must submit a Subgrant Award Report (SAR) to OVC for each subrecipient of the VOCA victim assistance funds, within ninety (90) days of awarding funds to the subrecipients. Recipients must submit this information through the automated system. 34. The recipient agrees to submit (and, as necessary, require sub -recipients to submit) quarterly performance reports on the performance metrics identified by OVC, and in the manner required by OVC. This information on the activities supported by the award funding will assist in assessing the effects that VOCA Victim Assistance funds have had on services to crime victims within the jurisdiction. 35. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https:Ho*p.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to (1) an award of less than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 36. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the 01/17/2020 Page 22 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Standard Assurances federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at https:Ho'p.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. 37. "Methods of Administration" — monitoring compliance with civil rights laws and nondiscrimination provisions The recipient's monitoring responsibilities include monitoring of subrecipient compliance with applicable federal civil rights laws and nondiscrimination provisions. Within 90 days of the date of award acceptance, the recipient must submit to OJP's Office for Civil Rights (at CiviIRig htsMOA(a)usdoi.gov) WRITTEN Methods of Administration ("MOA") for subrecipient monitoring with respect to civil rights requirements. In addition, upon request by OJP (or by another authorized federal agency), the recipient must make associated documentation available for review. The details of the recipient's obligations related to Methods of Administration are posted on the OJP web site at https://oip.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm (Award condition: "Methods of Administration" — Requirements applicable to States (FY 2017 Update)), and are incorporated by reference here. 38. The recipient agrees that it will submit quarterly financial status reports to OJP online (at https:Hgrants.oip.usdoi.gov) using the SF 425 Federal Financial Report form (available for viewing at https://www.-qsa.gov/forms-library/federal-financial-report), not later than 30 days after the end of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the award period. 39. The Victims of Crime Act (VOCA) of 1984 states that VOCA funds are available during the federal fiscal year in which the award was actually made, plus the following three fiscal years. At the end of this period, VOCA funds will be deobligated. OJP has no discretion to permit extensions beyond the statutory period (E.g., VOCA funds awarded in FY 2019, are available until the end of FY 2022). Agency Name: Name of Authorized Official: Signature of Authorized Official Date Signed: Edgewater Police Department Joseph Mahoney, Chief of Police V January 15, 2020 9:27AM 01/17/2020 Page 23 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Standard Assurances 01/17/2020 Page 24 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 EEOP Certification Form Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements Carefully read the instructions below and then complete the applicable section for your agency. Recipient's Name: Edgewater Police DUNS Number: 782080501 Department Address: Post Office Box 100, Edgewater, Florida, 32132-0100 Grant Title: VOCA 2020 Grant Number: VOCA-2020-Edgewater Police Departme-00086 Requested Award Amount: $51,400.09 Name and Title of Contract Person: Mr. Joseph Mahoney Chief of Police Telephone Number: (386) 424-2400 E -Mail Address: jmahoney@cityofedgewater.org Section A - Declaration Claiming Complete Exemption from the EEOP Requirement Please check all the following boxes that apply: Recipient has less than fifty employees Recipient is a nonprofit organization. Recipient is an Indian tribe. Recipient is an educational institution. Recipient is a medical institution. Recipient is receiving an award less than $25,000. 1, [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R § 42.302. 1 further certify that [recipient] will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Section B - Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying that an EEOP is on File for Review If a recipient agency has fifty or more employees and is receiving a single award or subaward of $25,000 or more, but less than $750,000, then the recipient agency does not have to submit an EEOP to the OCR for review as long as it certifies the following (42 C.F.R. § 42.305): I, Michael Thomas [responsible official], certify that City of Edgewater [recipient], which has fifty or more employees and is receiving a single award or subaward for $25,000 or more, but less than $750,000, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. 01/17/2020 Page 25 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 EEOP Certification Form E. I further certify that within the last twenty-four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable federal law, it is available for review by the public, employees, the appropriate state planning agency, and the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. The EEOP is on file at the following office: City of Edgewater Personnel Department [organization], 104 North Riverside Drive, Edgewater, FL 32132 [Address]. Section C - Declaration Stating that an EEOP Utilization Report Has Been Submitted to the Office for Civil Rights for Review If a recipient agency has fifty or more employees and is receiving a single award or subaward of $750,000 or more, then the recipient agency must send an EEOP Utilization Report to the OCR for review. 1, [responsible official], certify that [recipient], which has fifty or more employees and is receiving a single award of $750,000 or more, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E, and sent it for review on [date] to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. Michelle Grenham, Executive Assistant Name and Title of Authorized Official V, Signature of Authorized Official January 09, 2020 11:30AM Date Signed 01/17/2020 Page 26 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Related Parties Questionnaire Agency Name: Edgewater Police Department 1) Are there currently any family relationships that exist between the board of directors, the agency's No principal officers, the agency's employees, and any independent contractors? If yes, describe any and all family relationships that exist and indicate if your agency has a related parties policy. 2) Are you aware of any interests, direct or indirect, that exist with the current board of directors, the current agency principal officers, the current agency employees, or any current independent contractors in the following area? A) Sale, purchase, exchange, or leasing of property? No B) Receiving or furnishing of goods, services, or facilities? No C) Transfer or receipt of compensation, fringe benefits, or income or assets? No D) Maintenance of bank balances as compensating balances for the benefit of another? No If yes to any above, describe any and all interests that you are aware of at this time. 3) Are any current board of directors, current agency's principal officers, current agency's No employees, or any current independent contractors indebted to the agency? If yes, describe any and all family relationships that exist and indicate if your agency has a related parties policy. 4) Have any current board of directors, current agency principal officers, current agency employees, No or any current independent contractors misappropriated assets or committed other forms of fraud against the agency? If yes, describe any and all family relationships that exist and indicate if your agency has a related parties policy. 01/17/2020 Page 27 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Related Parties Questionnaire By signing this form, I hereby certify that the information contained in this questionnaire is true and accurate to the best of my knowledge and belief. I acknowledge my obligation to notify the Office of the Attorney General VOCA Grant Manager for this contract of any changes to the information provided. Michelle Grenham, Executive Assistant Name and Title of Authorized Official V, Signature of Authorized Official January 07, 2020 2:26PM Date Signed 01/17/2020 Page 28 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 VOCA Personnel Budget: Victim Advocate 1 Agency Name: Edgewater Police Department Complete the table below and provide information about each position requested. In the Budget Narrative section indicate if the salary/benefit expenses listed include costs that are anticipated during the 12 month period. For example, raises and increases in benefit costs, as well as any other information needed to support the request. Provide a job description for all proposed VOCA-funded staff and indicate the percentage of time by each job duty. Failure to provide VOCA allowable job descriptions may result in a reduction to your request. The job description must reflect VOCA allowable activities that are equal to or greater than the percentage of the position that is VOCA funded. RATE: A percentage should be indicated for those benefits that are calculated by using a percentage of the gross salary, e.g., retirement is often calculated in this manner. Personnel: Total Actual Cost Total Amount Percent VOCA VOCA Funded (from chart below) VOCA Funded Funded FTE Position: Victim Advocate $50,400.09 $50,400.09 100% 1.00 Personnel Narrative: Performs independent work acting as a victim /witness advocate, as a liaison between the State Attorney's Office, the court related Federal and State Agencies pursuant to applicable statutes, laws and ordinances. Coordinates the volunteer advocate. Sub -Total $50,400.09 Agency Contribution for Personnel Expenses Pay Schedule: (choose one from the drop-down menu) Position Number: Hours per week = Hourly Rate = Gross Salary FICA Retirement Health Ins. 40 $17.73 RATE $36,878.40 7.65% 0% $50,400.09 Yearly Employer Cost $36,878.40 $2,821.20 $0 $10,339.44 $0.00 Bi -Weekly Per Pay Period Approved Budget $1,418.40 $108.51 $0 $397.67 01/17/2020 Page 29 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 VOCA Personnel Budget: Victim Advocate 1 Life Ins. $168.72 $6.49 Dental Ins. $148.08 $5.70 Workers Comp 0.12% $44.25 $1.70 Unemployment 0% $0 $0 (1st $7K) Other: $0 $0 TOTAL $50,400.09 $1,938.47 Explanation (if applicable): Is this position used as a matching expense Y/N? No 01/17/2020 Page 30 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 VOCA Contractual/Fee for Service Budget Agency name: Edgewater Police Department For each contractual service listed, include a description of the service to be provided, the business name of the contractor, the cost per unit of service, and the estimated units of service to be used. Indicate in the narrative section how the number of services requested was determined. Also, give a description of a unit of service, e.g., a 60 minute unit of legal services, a 60 minute individual therapy session, and a 90 minute group therapy session. Therapy must be requested at a maximum of the following rates, per 15 minute increment/unit: Individual Therapy- $25 per unit Family Therapy- $12.25 per unit/per person Group Therapy- $8 per unit/per person EXAMPLE - Budget Narrative: Therapy, Inc., will provide therapy for adult survivors of incest. It is anticipated that this service will be used approximately 10 times during the year. Contractual Services - Contracts for specialized services: Name of Business or Contractor / Budget Narrative Cost Per Estimated Unit of Units of Service Service Name of Business or Contractor: Budget Narrative: Contractual Subtotal Total $0 01/17/2020 Page 31 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 VOCA Equipment Budget Agency Name: Edgewater Police Department Items included in this section must be furniture and/or equipment costing $2,500 or more. If awarded funds in this category, prior approval is required before purchasing items. Provide a justification for the equipment purchase requests. EXAMPLE - Narrative Response: The computer will increase the advocate's ability to reach and better serve crime victims. The cost listed above is for a complete computer package which includes the computer, monitor, software and printer. ALL EQUIPMENT PURCHASES MUST BE PRE -APPROVED PRIOR TO THE ACTUAL PURCHASE Equipment: Description of Equipment and a Budget Narrative Description of Equipment: Budget Narrative: Equipment Subtotal Number Cost Per Total Item $0 01/17/2020 Page 32 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 VOCA Operating Budget Agency name: Edgewater Police Department Office supplies such as paper, pencils, toner, printing, books, postage, transportation for victims; monthly service costs for telephone or utilities; staff travel (for direct service to crime victims only), etc. Furniture and equipment costing less than $2,500 should be requested from this budget category. In the narrative section, provide a brief description of the operating expenses and note if the cost is pro -rated. Indicate how the number and cost of services requested were determined (by FTE? by % use? by sq/ft?). EXAMPLE- Narrative Response: The Victim Advocate will need monthly telephone service calculated at $20 per month, which is the standard rate budgeted for new positions in this agency. Operating: Description of Operating Cost and a Budget Narrative Description of Operating Cost: Budget Narrative: Operating Subtotal Number Cost Per Total Item $0 01/17/2020 Page 33 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 VOCA Training Budget: Mandatory Victim Advocate Training Agency Name: Edgewater Police Department Training requested must be to enhance delivery of victim services. Travel associated with training must adhere to the State of Florida Travel Rules. If awarded funds in this category, additional information will be required prior to incurring costs associated with training. The narrative should include the name and detailed information on the training and a justification for how it will enhance direct services to crime victims. VOCA funds will only reimburse registration, lodging and travel. Florida Administrative Rules related to travel expenses: Click Here Section 112.061, Florida Statutes- Travel Expenses: Click Here Reference Guide for State Expenditures: Click Here Training Expenses: Description of Training Expenses and a Budget Narrative Description of Training Expenses: Mandatory Victim Advocate Training Budget Narrative: Provide training to Victim Advocate towards mandatory training hours Training Subtotal Number Cost Per Total Item 1 $1,000.00 $1,000.00 $1,000.00 01/17/2020 Page 34 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 VOCA Match Budget: Detective Sergeant Agency Name: Edgewater Police Department Program Match: The VOCA Rules require that all proposals provide a 20% match of the total VOCA project. Total VOCA Project is defined as the VOCA Budget Request plus the Program Match. Match funds are subject to the same restrictions that govern VOCA grant funds, i.e., the source of program match must be a VOCA-allowable expenditure. Training is not approved as a matching contribution. To determine the amount of match required by the VOCA Rules for the proposed VOCA project, divide the total amount of the VOCA Budget Request by four. The result is the amount of the program match. For example, if the VOCA Budget Request is $30,000, then divide $30,000 by four which equals $7,500. In this case, the required match is $7,500 which equals 20% of the total VOCA project. The following further illustrates the program match requirement: $30,000 +$7,500 $37,500 Allowable match funds may include, but are not limited to, volunteers, staff salaries, rent, equipment, operating costs, etc. Federal funds from other sources cannot be used for VOCA match. Match used for the VOCA project cannot be used as match for any other grant. Do not over report match, i.e., do not provide match in excess of 20% of the total VOCA project. Match may be provided as either cash or in-kind or a combination of cash and in-kind as follows: Cash Match: A cash match is any cost component that is included in the agency's overall budget as it applies to the provision of direct services for victims of crime, i.e., staff providing direct victim services, travel related to the delivery of direct victim services, rent paid by the agency for the portion of the program providing direct victim services, etc. If the agency pays for the expense, then it may be used as a cash match. In -Kind Match: An in-kind match includes donated items or services that benefit the program but which do not have a dollar value assigned for budgeted purposes. For example, programs may use volunteer hours as match. The value placed on donated services must be consistent with the rate of compensation paid for similar work in the applicant agency. If the required skills are not found in the applicant agency, the rate of compensation must be consistent with the labor market. Programs may use items donated by other programs or individuals as in-kind match, i.e., rent and utilities used for the provision of direct services to victims and donated by another source outside the agency. The Program match section is an itemized description by budget category of proposed matching contributions. The budget categories are personnel, contractual services, equipment and operating expenses. Provide a detailed (itemized) list and a budget narrative for each budgeted category. Indicate the funding source and indicate if it is a cash or in-kind match. Do not over report required match. Unless otherwise approved by the OAG, reported match must be consistent with the monthly reimbursement request. 01/17/2020 Page 35 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 VOCA Match Budget: Detective Sergeant Match Narrative: Describe in detail the type of Match, whether cash or in-kind, the budget category, etc. Submit the same detailed information for match as provided for VOCA funded items. If match is in the personnel category for paid staff complete the table below (attach additional page(s) if needed) and provide the total salary and benefits and percentage. Attach job descriptions for all paid staff and/or volunteers reported as Match. Job descriptions must reflect VOCA allowable activities that are equal to or greater than the percentage of the position that is reported as Match. Failure to provide VOCA allowable job descriptions may result in a reduction to your request. EXAMPLES- Match Narrative: Our agency utilizes volunteers who provide direct services to victims of crime, such as intake clerks, clerical (types reports and calls victims) and victim advocates. The agency anticipates using volunteers at the equivalent of 20 - 23 hours per week x 52 weeks x $5.15 for a match of $5,698. * Only those agencies with an established volunteer component are eligible to utilize volunteers as match. The agency rents office space from the Global Company at $14,400 annually and the agency's pro -rated portion for office space for volunteers and supervisor of the victim advocate would be approximately 19% (or $234 per month) x 12 months = $2,807. Approximately 5% of the Victim Advocate Supervisor position will be utilized to provide supervision for the victim advocate position. The supervisor's total salary and benefits equal $32,000. Program Match Description Funding Source Cash or Budget Match May not be derived from In -Kind Category Amount Federal Dollars Detective Sergeant Local, Public or Private Cash Personnel $9,517.44 Match Sub -Total $9,517.44 Budget Narrative: Approximately 10% of the Victim Advocate Supervisor (Detective Sergeant) position will be utilized for the Victim Advocate position. The Supervisor total salary and benefits are listed below. VOCA FTE % 0.105% Hours per week = 42 RATE Employer Reported Match = Cost Hourly Rate = $23.75 10% Annual Gross Salary $51,870.00 $51,870.00 $5,187.00 FICA 7.65% $3,968.06 $396.81 Retirement 54.1% $28,061.67 $2,806.17 Health Ins. $10,339.44 $1,033.94 Life Ins. $661.44 $66.14 Dental Ins. $573.60 $57.36 Workers Comp 2.64% $1,369.37 $136.94 Unemployment 0% $0 $0 01/17/2020 Page 36 of 53 Other TOTAL Explanation (if applicable): OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 VOCA Match Budget: Detective Sergeant $0 $0 $96,843.57 $9,684.36 01/17/2020 Page 37 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 VOCA Match Budget: Victim Advocate Volunteer Agency Name: Edgewater Police Department Program Match: The VOCA Rules require that all proposals provide a 20% match of the total VOCA project. Total VOCA Project is defined as the VOCA Budget Request plus the Program Match. Match funds are subject to the same restrictions that govern VOCA grant funds, i.e., the source of program match must be a VOCA-allowable expenditure. Training is not approved as a matching contribution. To determine the amount of match required by the VOCA Rules for the proposed VOCA project, divide the total amount of the VOCA Budget Request by four. The result is the amount of the program match. For example, if the VOCA Budget Request is $30,000, then divide $30,000 by four which equals $7,500. In this case, the required match is $7,500 which equals 20% of the total VOCA project. The following further illustrates the program match requirement: $30,000 +$7,500 $37,500 Allowable match funds may include, but are not limited to, volunteers, staff salaries, rent, equipment, operating costs, etc. Federal funds from other sources cannot be used for VOCA match. Match used for the VOCA project cannot be used as match for any other grant. Do not over report match, i.e., do not provide match in excess of 20% of the total VOCA project. Match may be provided as either cash or in-kind or a combination of cash and in-kind as follows: Cash Match: A cash match is any cost component that is included in the agency's overall budget as it applies to the provision of direct services for victims of crime, i.e., staff providing direct victim services, travel related to the delivery of direct victim services, rent paid by the agency for the portion of the program providing direct victim services, etc. If the agency pays for the expense, then it may be used as a cash match. In -Kind Match: An in-kind match includes donated items or services that benefit the program but which do not have a dollar value assigned for budgeted purposes. For example, programs may use volunteer hours as match. The value placed on donated services must be consistent with the rate of compensation paid for similar work in the applicant agency. If the required skills are not found in the applicant agency, the rate of compensation must be consistent with the labor market. Programs may use items donated by other programs or individuals as in-kind match, i.e., rent and utilities used for the provision of direct services to victims and donated by another source outside the agency. The Program match section is an itemized description by budget category of proposed matching contributions. The budget categories are personnel, contractual services, equipment and operating expenses. Provide a detailed (itemized) list and a budget narrative for each budgeted category. Indicate the funding source and indicate if it is a cash or in-kind match. Do not over report required match. Unless otherwise approved by the OAG, reported match must be consistent with the monthly reimbursement request. 01/17/2020 Page 38 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 VOCA Match Budget: Victim Advocate Volunteer Match Narrative: Describe in detail the type of Match, whether cash or in-kind, the budget category, etc. Submit the same detailed information for match as provided for VOCA funded items. If match is in the personnel category for paid staff complete the table below (attach additional page(s) if needed) and provide the total salary and benefits and percentage. Attach job descriptions for all paid staff and/or volunteers reported as Match. Job descriptions must reflect VOCA allowable activities that are equal to or greater than the percentage of the position that is reported as Match. Failure to provide VOCA allowable job descriptions may result in a reduction to your request. EXAMPLES- Match Narrative: Our agency utilizes volunteers who provide direct services to victims of crime, such as intake clerks, clerical (types reports and calls victims) and victim advocates. The agency anticipates using volunteers at the equivalent of 20 - 23 hours per week x 52 weeks x $5.15 for a match of $5,698. * Only those agencies with an established volunteer component are eligible to utilize volunteers as match. The agency rents office space from the Global Company at $14,400 annually and the agency's pro -rated portion for office space for volunteers and supervisor of the victim advocate would be approximately 19% (or $234 per month) x 12 months = $2,807. Approximately 5% of the Victim Advocate Supervisor position will be utilized to provide supervision for the victim advocate position. The supervisor's total salary and benefits equal $32,000. Program Match Description Funding Source Cash or Budget Match May not be derived from In -Kind Category Amount Federal Dollars Victim Advocate Volunteer Donated In -Kind Personnel $3,380.00 Match Sub -Total $3,380.00 Budget Narrative: The Agency utilizes a volunteer who provides direct services to victims of crime and the Victim Advocate. The Agency anticipates using the volunteer at the equivalent of 208 hours per year x $13 per hour. VOCA FTE % 0.125% Hours per week = 5 RATE Employer Reported Match = Cost Hourly Rate = $13.00 100% Annual Gross Salary $3,380.00 $3,380.00 $3,380.00 FICA 0% $0 $0 Retirement 0% $0 $0 Health Ins. $0 $0 Life Ins. $0 $0 Dental Ins. $0 $0 Workers Comp 0% $0 $0 01/17/2020 Page 39 of 53 Unemployment Other TOTAL Explanation (if applicable): OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 VOCA Match Budget: Victim Advocate Volunteer 0% $0 $0 $3,380.00 $0 $0 $3,380.00 01/17/2020 Page 40 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Budget Summary By Category Personnel (10A) Contractual Services (10B) Equipment (10C) Operating Expenses (10D) Training Expenses (10E) Total Required Match Part 11 VOCA Budget Request Total VOCA Budget Request $50,400.09 $0 $0 $0 $1,000.00 $51,400.09 Total paid staff for agency's victim services program (total number of full-time equivalent staff (FTE) for the current fiscal year): Number of staff requested from VOCA, expressed in FTEs: Number of staff requested as matching expenses, expressed in FTE's: Total staff requested, expressed in FTEs: Child Abuse (Include services for child physical abuse/neglect and child sexual assault/abuse) Domestic and Family Violence Adult Sexual Assault Underserved (includes DUI/DWI crashes, survivors of homicide victims, assault, adults molested as children, elder abuse, victims with disabilities, robbery, other violent crimes) MATCH (financial support from other sources) Value of in-kind match $3,165.66 Cash match $9,684.36 Total match $12,850.02 Match waiver No Total VOCA Approved Budget $0 $12,850.02 1 1 0.23 1.23 $0 $0 $0 $0 01/17/2020 Page 41 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Funding Source Chart Applicants must provide information that demonstrates community support of its services; financial support from non-federal sources; non-federal resources for the required 20% program match (unless in-kind match is utilized); and, if a new program, shows that 25-50% of the total financial support is from non-federal sources. Budget and Staffing Provide the amount of funding that is allocated to victim services within the applicant agency for the current fiscal year and the amount requested for the proposed VOCA project. Do not report the entire agency budget, unless the entire budget is devoted to victim services programs. Round amounts to the nearest dollar, and include all expenses which are budgeted for the victim services program (i.e., personnel costs which include salaries for directors, clerical/support staff, victim advocates, counselors, etc.; training costs; equipment such as computers, fax machines, printers, copiers, telephones, and furnishings, etc.; operating costs such as utilities, postage, printing, office supplies, travel, counseling supplies, etc.). Please note: Do not include in-kind match. What is the fiscal year of your sub grantee agency? October 1 to September 30 (choose one from the drop-down menu to the right) Other Defined: Funding Source Agency Total Victim Proposed Services Budget VOCA Project (Current Fiscal Year) Budget Federal Funding *Describe below VOCA Grant Request (excluding match) $51,409.09 State Funds $9,657.00 $9,684.36 Local, Public or Private Funds Other: Totals $9,657.00 $61,093.45 *For the judicial circuit you are requesting funding with this application * If the applicant agency currently receives federal funding for victim services, indicate the source(s) and the use of those funds. (Response is limited to 1000 characters.) If this is not applicable, please indicate "N/A." N/A 01/17/2020 Page 42 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Use of VOCA and Match Funds INSTRUCTION: For this request, check the category of service and subcategory that best identifies the types of services or activities that will be provided by the VOCA-funded project as described below. Note: Report only those program activities that will be implemented with VOCA and Match funds. Check all that apply INFORMATION & REFERRAL V, Information about the criminal justice process Referral to other victim service programs Information about victim rights, how to obtain notification, etc. PERSONAL ADVOCACY/ACCOMPANIMENT Referral to other services, supports and resources (includes legal, medical, faith -based organizations, address confidentiality programs, etc.) Victim advocacy/accompaniment to emergency Performance of medical forensic exam or medical care interview, or medical evidence collection Victim advocacy/accompaniment to medical Immigration assistance (e.g. special visa, forensic exam continued presence application, and other immigration relief) Law enforcement interview Intervention with employer, creditor, landlord, or advocacy/accompaniment academic institution Prosecution interview advocacy/accompaniment Child and/or dependent care assistance (includes accompaniment with prosecuting (provided by agency) attorney and with victim/witness) Criminal advocacy/accompaniment Transportation assistance (provided by agency) NO Civil advocacy/accompaniment (includes victim Interpreter services advocate assisting with protection orders) Individual advocacy (assistance in applying for V Assistance with victim compensation public benefits, return of personal property or effects) EMOTIONAL SUPPORT OR SAFETY SERVICES 01/17/2020 Page 43 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Use of VOCA and Match Funds Crisis intervention (in-person, includes safety planning, etc.) Hotline/crisis line counseling V, Individual counseling On -scene crisis response (e.g., community crisis response) SHELTER/HOUSING SERVICES Emergency shelter or safe house Transitional housing CRIMINAL/CIVIL JUSTICE SYSTEM ASSISTANCE Notification of criminal justice events (e.g., case status, arrest, court proceedings, case disposition, release, etc.) Victim impact statement assistance Assistance with restitution (includes assistance in requesting and when collection efforts are not successful) Emergency justice -related assistance Civil legal attorney assistance in obtaining protection or restraining order Civil legal attorney assistance with family law Therapy (traditional, cultural, or alternative healing: art, writing, or play therapy; etc.) Support groups (facilitated or peer) Emergency financial assistance (includes emergency loans and petty cash, payment for items such as food and/or clothing, changing windows and/or locks, taxis, prophylactic and non prophylactic meds, durable medical equipment, etc.) Relocation assistance Immigration attorney assistance (e.g., special visas, continued presence application, and other immigration relief) Other civil legal attorney assistance (e.g., landlord/tenant, employment, etc.) Prosecution interview advocacy/accompaniment (includes accompaniment with prosecuting attorney and with victim/witness Criminal advocacy/accompaniment V Civil advocacy/accompaniment (includes victim advocate assisting with protection orders) 01/17/2020 Page 44 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Use of VOCA and Match Funds issues (e.g., custody, visitation, or support) 01/17/2020 Page 45 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Statement of Need Statement of Need: The statement of need must provide a description about why this project is needed. Be clear and avoid acronyms. Underserved Victims: Applicants are encouraged to identify gaps in available services for "underserved" victims and to seek funding to provide services to these victims. Underserved populations may include, but are not limited to, child -on -child abuse, child abuse by non -caretaker, crimes against the elderly, non-English speaking persons, persons with disabilities, victims of federal crimes, victims of workplace violence and members of racial or minorities. 1) Briefly describe the need for services to victims of crime that will be addressed using VOCA funding. If needed, define the deficiency of services to victims. The Agency has a need for victim advocate funds for the program to serve the Agency's crime victims with services that are not provided by other sources. This Agency provides 24 hour, 7 day a week response to assist victims noted in Victims Served with the types of services noted in Types of Services. This Agency's program responds to call -outs on all crime victims in "victims served and services" as needed and follows up with the crime victims to a satisfactory resolution. When no suspect is identified, the crime victims' reports stay in-house and the crime victims are assisted by this program's advocate. Transportation is provided to Rape Crisis Center Shelter, Clerk's Office, injunction hearings, and social services agencies. There are State Attorney Advocates for the 7th judicial circuit, but they only respond to call -outs for rapes and homicides. The victim advocate provides emergency legal advocacy in the form of injunctions. 2) Provide information about crime statistics for all counties that will be served in the service area. Specifically, detail the statistics related to the need described in #1. Based on the 2018 Uniform Crime Report (UCR) for Edgewater Police, the following crime statistics have occurred in the service area: Robbery - 5, Aggravated Assault - 19, Burglary - 65, Larceny - 306, Domestic Violence - 5, DUI - 58, Drug Arrests - 189, Simple Assault - 125, Theft - 24. 3) Provide demographic information about the population of all of the counties that will be served. At a minimum, provide information about gender, race, or national origin and age for the service area. Based on the US Census estimates, Volusia County has a population of 538,180. Juveniles account for approximately 23% of the population and 77% are adults. Volusia County is approximately 70% White, 11 % Black, 14% Hispanic, and 5% other. 4) Provide demographic information about the population to be served through the proposed VOCA project. Based on the VOCA monthly performance reports, approximately 7% of the victims served are Juvenile victims and the remainder are Adult. The victims served by race are 92% Caucasian, 4% African 01/17/2020 Page 46 of 53 OFFICE OF THE FLORIDA ATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Statement of Need American and 4% other. The gender breakdown of victims served is 49% female and 51 % male. 01/17/2020 Page 47 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Project Proposal The project proposal must clearly outline what needs to be done and by whom in order to address the needs identified in the statement of need. The project proposal pertains only to the services related to the proposed Total VOCA Project (VOCA grant plus match activities). 1) Describe which services will be provided to the crime victims described in the statement of need. Summarize which services will be provided by each proposed VOCA funded personnel position or contractor. Specifically, indicate how the proposed personnel, operating, contractual, equipment and training expenses are associated with the provision of services to crime victims: consistency Crime victims are provided assistance through 24 hour, 7 day a week call outs for those who call the office for assistance and those who come in the office to seek assistance. All crime victims are provided the necessary services including crisis counseling, follow up, information and referral, criminal justice support and advocacy, emergency legal advocacy, compensation claim filing assistance, personal advocacy, and telephone contacts. Transportation is provided when needed. Crime victims are accompanied to court proceedings in the criminal courts and injunction hearings. 2) Provide a listing of other agencies that will coordinate services with the applicant for the VOCA project and the services provided by each agency. Attorney General's Office — victim compensation; State Attorney's Office — criminal justice/ support advocacy & transportation of victims; Children's Advocacy Center and Rape Crisis Center- crisis counseling and transportation for victims; Domestic Violence Shelter — relocation assistance and referral and transportation; Homeless Shelter & Gifts of Love- information and referral and transportation; Clerks Office — emergency legal advocacy with injunctions; Pre-trial services — criminal justice advocacy; Council on Aging and community legal services — emergency legal injunctions and referral for seniors; Department of Children and Families (DCF) — criminal justice advocacy and personal advocacy; Stewart Marchman, Hospice, and Child Support — information, referral, transportation, and personal advocacy. 3) Describe in detail how the coordination of services will be accomplished. Indicate if a Memorandum of Agreement or other formal coordination plan is in place. The coordination of services is accomplished through the efforts of our Victim Advocate. The Victim Advocate is the primary source of services and coordinates all other services with the other sources. Formal coordination exists for Department of Children and Families (DCF) — memo of understanding and the State Attorney's Office —Agreement. 4) Does a duplication of service exist? (Choose one from the drop-down menu): Yes If yes, please explain. State Attorney Advocates assist only crime victims who have a criminal case with a known 01/17/2020 Page 48 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Project Proposal suspect/defendant. Many of the Agency's police reports have victims with no known suspect/defendant. Many of these reports involve elder crime victims with property loss and this agency provides compensation claim assistance. Assistance is provided to crime victims needing injunctions by helping them complete the petition, attending the court hearing and providing transportation when needed. 5) The VOCA Rules mandate that grant recipients use volunteers in the victim services program. Describe how volunteers will be utilized to provide services to crime victims. If the agency does not currently utilize volunteers, please explain how they will be recruited and incorporated into the victim services program. The program utilizes a volunteer. The Volunteer assists with mailing information packets to victims, administrative work, and research. 6) Identify the number of volunteer hours supporting the work of this VOCA award for subgrantee agency's victimization program/services. 1 Volunteers provided 130 Hours of Service annually 0.0625 FTE equivalent (hours provided divided by 2080) 7) Provide a justification for not billing the Victim Compensation program for services requested in this application that may be allowable under the Victim Compensation Program. N/A 8) The agencies that receive VOCA grant funding are required to comply with the Federal statutes and regulations that prohibit discrimination in federally assisted programs or activities. Recipients may not discriminate in employment on the basis of race, color, national origin, religion, sex, and disability. Also, recipients may not discriminate in the delivery of services or benefits on the basis of race, color, national origin, religion, sex, disability, and age. In order to ensure VOCA-funded agencies fulfill the expectations of the Federal civil rights obligations all organizations that receive VOCA funding must complete the online civil rights training curriculum for recipients offered by the Office for Civil Rights. If awarded VOCA grant funding will the applicant agency complete the required training and comply with all applicable Federal statutes and regulations related to civil rights and nondiscrimination? (Choose one from the drop-down menu below) Yes 01/17/2020 Page 49 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Victims Served and Types of Services Agency Name: Edgewater Police Department The number of victims indicated should include the number of new victims provided services by VOCA funded and matching staff during the grant period. The figures indicated should be based on historical data and/or the anticipated need of the population served through the VOCA project. If awarded funding, the applicant agency will be expected to fulfill these performance measures. Recipients of VOCA funding are required to provide services to victims of Federal crimes and to provide assistance with the VOCA Crime Victim Compensation program. VOCA Grant Request (from the Budget Summary Page) $51,400.09 # of Victims Type of Victim $ Amount % of Total # of Other For other to be $51,400.09 per Grant Types types of crimes, Served Category Amount of Victims identify and list each to be separately below. Served 35 Adult Physical Assault $2,837.54 5.52% 20 Harassing Phone Calls (Includes Aggravated and Simple Assault) 2 Adult Sexual Assault $162.15 0.32% 36 Criminal Mischief 0 Adults Sexually $0 0.00% 20 Suspicious Incident Abused/Assaulted as Children 0 Arson $0 0.00% 20 Trespassing 3 Bullying (Verbal, Cyber or $243.22 0.47% 140 Theft / Larcency Physical) 110 Burglary $8,918.00 17.35% 10 Fraud 5 Child Physical Abuse or $405.36 0.79% 10 Vandalism Neglect 0 Child Pornography $0 0.00% 0 15 Child Sexual $1,216.09 2.37% 0 Abuse/Assault 150 Domestic and/or Family $12,160.90 23.66% 0 Violence 0 DUI/DWllncidents $0 0.00% 0 6 Elder Abuse or Neglect $486.44 0.95% 0 0 Hate Crime: $0 0.00% 0 Racial/Religious/Gender/S exual Orientation/Other (Explanation Required) 01/17/2020 Page 50 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Victims Served and Types of Services 0 Human Trafficking: Labor $0 0.00% 0 0 Human Trafficking: Sex $0 0.00% 0 32 Identity $2,594.33 5.05% 0 634 Follow up contacts Theft/Fraud/Financial 0 210 Emotional Support or Safety Services 0 Crime 0 240 Criminal/Civil Justice System Assistance 0 Kidnapping $0 0.00% 0 0 Mass Violence $0 0.00% 0 Services (Domestic/International) 0 Other Vehicular $0 0.00% 0 Victimization (e.g., Hit and Run) 5 Robbery $405.36 0.79% 0 15 Stalking/Harassment $1,216.09 2.37% 0 0 Survivors of Homicide $0 0.00% 0 Victims 0 Teen Dating Victimization $0 0.00% 0 0 Terrorism $0 0.00% 0 (Domestic/International) Total 634 $30,645.48 59.62% 256 Victims Served Indicate the number of victims projected to receive the following services. In this section, only count a victim once, regardless of how many times the victim received a particular service. The total amount for any one service may not exceed the total number of victims projected to be served. See the VOCA Definitions for a description of each service. # of Victims Type of Service # of Other Types For other types of to be of Services to be services, identify and list Served Provided each separately below. 240 Information and Referral 634 Follow up contacts 66 Personal Advocacy/Accompaniment 0 210 Emotional Support or Safety Services 0 0 Shelter/Housing Services 0 240 Criminal/Civil Justice System Assistance 0 648 Number of Victims Assisted with a Victim 0 Compensation Application Total 2038 634 Subtotal of "Other" Services Services 01/17/2020 Page 51 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Required Documentation Required Documentation: Job Descriptions Ajob description is required for all proposed VOCA-funded personnel and match personnel and must indicate the percentage of time allocated for each task totaling 100% of the job duties. Job descriptions must reflect VOCA allowable activities that are equal to or greater than the percentage of the position that is VOCA funded. Failure to provide VOCA allowable job descriptions may result in a reduction to your request. Letters of Support Attach three (3) current letters of support from local community or government groups. A current letter is one that is dated during the current calendar year. It is the responsibility of the applicant agency to ensure letters highlight the applicant agency's record of providing effective services to victims of crime (if applicable), demonstrates the writer's support as well as the community's support of the services that are requested as part of VOCA Grant project. Do not provide more than three letters. The following will not be accepted: *Letters from one individual that is not writing on behalf of a local community or government group *Letters from individuals or units within the applicant agency *Letters acknowledging conference or meeting participation *Letters that are similar in content Documentation of the agency's 501(c) 3 ruling from the Internal Revenue Service Provide documentation to document the nonprofit status of the applicant agency. This may include: *proof that the Internal Revenue Service recognizes the organization as being tax exempt under 501(c)(3) of the Internal Revenue Code; *a statement from a state taxing body or state secretary of state certifying that the organization is a nonprofit organization and that no part of the organization's net earnings may benefit any private shareholder or individual; *a certified copy of a certificate of incorporation or similar document establishing nonprofit status; *any of the above, if it applies to a state or national parent organization, with a statement by the state or national parent organization that the applicant is a local nonprofit affiliate Current Listing of Agency's Board of Directors Attach a current listing of all Board Members to include name, affiliation, and contact information (address, phone number). 01/17/2020 Page 52 of 53 OFFICE OF THE FLORIDAATTORNEY GENERAL VOCA 2020-2021 Organization: Edgewater Police Department Grant No.: VOCA-2020-Edgewater Police Departme-00086 Required Documentation Required Documentation Uploads Name: Victim Advocate Job Description Name: Victim Advocate Volunteer Job Description Name: Detective Sergeant Job Description Name: Letter of Support SAO Name: Letter of Support DAC Name: Letter of Support NSBPD OAG Only - Upload Section Name: Type: Job Descriptions Type: Job Descriptions Type: Job Descriptions Type: Letters of Support Type: Letters of Support Type: Letters of Support Type: 01/17/2020 Page 53 of 53 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2019-O-31,Version:2 ITEM DESCRIPTION: 2nd Reading -Ordinance No.2019-O-31:Howard Hewitt requesting annexation of 6.0±acres of land located east of South Ridgewood Avenue and south of Packwood Road. OWNER:Sara Jane Hewitt Revocable Trust REQUESTED ACTION: Annexation LOCATION: East of South Ridgewood Avenue, south of Packwood Road AREA:6.0± acres PROPOSED USE: NA CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County Commercial and Urban Low Intensity ZONING DISTRICT:Volusia County BPUD (Business Planned Unit Development) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant Volusia County Commercial Volusia County B-4W (General Commercial) East Mini-warehouse Commercial B-3 (Highway Commercial) South Single Family Residence Volusia County Urban Low Intensity Volusia County R-3W (Urban Single Family) West Single Family Residence Volusia County Urban Low Intensity Volusia County A-3 (Transitional Agriculture) Background:The subject property is currently vacant;the applicant is not proposing any development at this time.Amendments to the Future Land Use and Zoning Maps shall occur simultaneously with the annexation. The estimated tax revenue for the subject parcel is $1,738.57; there is no anticipated cost to the City as the subject property is vacant and there is no proposed development at this time. At their regular meeting of December 11, 2019, the Planning & Zoning Board voted to send a favorable recommendation to City Council. City Council approved the request at first reading on January 6, 2020. Land Use Compatibility:NA Adequate Public Facilities:There is access to the property via South Ridgewood Avenue;City water and wastewater is available to City of Edgewater Printed on 2/21/2020Page 1 of 2 powered by Legistar™ File #:2019-O-31,Version:2 Adequate Public Facilities:There is access to the property via South Ridgewood Avenue;City water and wastewater is available to the property. Comprehensive Plan Consistency:The subject property is contiguous to existing City Limits to the south and lies within the Interlocal Service Boundary Area adopted by the City and Volusia County in 2015 and therefore meets Objective 1.8 of the Future Land Use Element. RECOMMENDED ACTION Motion to approve Ordinance No. 2019-O-31. City of Edgewater Printed on 2/21/2020Page 2 of 2 powered by Legistar™ Struck through passages are deleted Underlined passages are added 2019-O-31 1 ORDINANCE NO. 2019-O-31 AN ORDINANCE ANNEXING 6.0± ACRES OF CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SOUTH RIDGEWOOD AVENUE AND PACKWOOD ROAD (PARCEL IDENTIFICATION NUMBERS 8448-00-00-0051; 8448-00-00-0053; AND 8448-00-00-0054), VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Howard Hewitt, on behalf of the Sarah Jane Hewitt Revocable Trust, owner, has applied for annexation of property located at the southeast corner of South Ridgewood Avenue and Packwood Road within Volusia County, Florida. Subject property contains approximately 6.0± acres. 2. The applicant has voluntarily petitioned (applied) the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is contiguous to the City’s boundaries and located within the Interlocal Service Boundary Agreement mutually adopted by Volusia County and the City. The conditions for annexation and the economics thereof are satisfactory. 4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated to include the property described herein. Struck through passages are deleted Underlined passages are added 2019-O-31 2 5. During the Planning and Zoning Board meeting on December 11, 2019, the Board recommended that the property be annexed into the City of Edgewater. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER, FLORIDA. 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in Exhibit “A” and depicted in the map identified as Exhibit “B”, which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. The boundaries of the City of Edgewater are hereby redefined to include the property described herein and depicted in the map identified as Exhibit “B”. 3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that certain document entitled “Description of City of Edgewater Corporate Limits” shall be amended accordingly. 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia County Manager, the Mapping Division of the Volusia County Growth Management Department, and the Department of State. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, Struck through passages are deleted Underlined passages are added 2019-O-31 3 are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance PART D. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion to approve by Councilwoman Power and second by Councilwoman O’Keefe, the vote on the first reading of this ordinance on January 6, 2020 was as follows: AYE NAY Mayor Mike Thomas X _____ Councilwoman Christine Power X _____ Councilwoman Kimberly Yaney X _____ Councilwoman Megan O’Keefe X _____ Councilman Gary Conroy X _____ Struck through passages are deleted Underlined passages are added 2019-O-31 4 After Motion to approve by _________________________________ and second by _____________________________________, the vote on the second reading/public hearing of this ordinance on ____________________________, 2020 was as follows: AYE NAY Mayor Mike Thomas _____ _____ Councilwoman Christine Power _____ _____ Councilwoman Kimberly Yaney _____ _____ Councilwoman Megan O’Keefe _____ _____ Councilman Gary Conroy _____ _____ PASSED AND DULY ADOPTED this 3rd day of February, 2020. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Robin Matusick Mike Thomas City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe Ciocchetti & Yoon Approved by the City Council of the City of Edgewater at a meeting held on this 3rd day of February, 2020 under Agenda Item No. 8 . Struck through passages are deleted Underlined passages are added 2019-O-31 5 EXHIBIT “A’ LEGAL DESCRIPTION A portion of the North 660 feet of the Jane Murray Grant in Sections 48 and 49, Township 18 South, Range 34 East, lying East of U. S. Highway No. 1, being more particularly described as follows: Commence at the Intersection of the North line of the said Jane Murray Grant and the East line of U. S. Highway No. 1, a 158 foot right of way as now laid out; thence run South 22°054’40” East along said East line of U. S. Highway No. 1, a distance of 50.00 feet for the point of beginning; thence North 68°059’20” East, a distance of 79.78 feet to the point of curvature of a curve to the right having a radius of 275.00 feet and a central angle of 63°07’28”; thence Southerly along the arc of said curve, a distance of 302.98 feet to the point of tangency of said curve; thence South 42°06’47” West, a distance of 10.00 feet; thence South 47°53’12” East, a distance of 74.03 feet to the point of curvature of a curve to the left having a radius of 510.00 feet and a central angle of 26°25’24”; thence Southerly along the arc of said curve a distance of 235.20 feet to the point of tangency of said curve; thence South 74°18’36” East, a distance of 249.85 feet to the point of curvature of a curve to the left having a radius of 778.26 feet and a central angle of 8°22’42”; thence Southerly along the arc of said curve, a distance of 113.80 feet to the South line of the North 660 feet of the Jane Murray Grant; thence South 68°59’20” West, along the said South line of the North 660 feet of the Jane Murray Grant, a distance of 775. 71 feet to the East line of U. S. Highway No. 1; thence North 22°54’40” West, along said East line of U. S. Highway No. 1, a distance of 610.36 feet to the point of beginning. Containing 6.0± acres more or less and being in Volusia County, Florida This legal description includes any/all adjoining right-of-way relating to the subject property. Struck through passages are deleted Underlined passages are added 2019-O-31 6 EXHIBIT “B” O m n i D rWashi ngt onAveA d a m s R d H o llo w O a k T rO m n iCir A rb o r L n Packwood Rd S Ri d g e wo o d Av e . Su bject Prope rty Date: 11/7/201 9 O m n i D rWashi ngt onAveA d a m s R d H o llo w O a k T rO m n iCir A rb o r L n Packwood Rd S Ri d g e wo o d Av e Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS U ser Community . Date: 11/7/201 9 Su bject Prope rty City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2019-O-32,Version:2 ITEM DESCRIPTION: 2nd Reading -Ordinance No.2019-O-32:Howard Hewitt requesting an amendment to the Comprehensive Plan Future Land Use Map to include 6.0±acres of land located east of South Ridgewood Avenue and south of Packwood Road as Commercial. OWNER:Sara Jane Hewitt Revocable Trust REQUESTED ACTION:Send a favorable recommendation to City Council to amend the Future Land Use Map to include property as Commercial. LOCATION: East of South Ridgewood Avenue, south of Packwood Road AREA:6.0± acres PROPOSED USE: NA CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County Commercial and Urban Low Intensity ZONING DISTRICT:Volusia County BPUD (Business Planned Unit Development) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant Volusia County Commercial Volusia County B-4W (General Commercial) East Single Family Residence Volusia County Urban Low Intensity Volusia County R-3W (Urban Single Family) South Mini-warehouse Commercial B-3 (Highway Commercial) West Single Family Residence Volusia County Urban Low Intensity Volusia County A-3 (Transitional Agriculture) Background:The subject property is currently vacant;the applicant is not proposing any development at this time.Annexation and an amendment to the Official Zoning Map shall occur simultaneously with the Future Land Use Map amendment. At their regular meeting of December 11, 2019, the Planning and Zoning Board voted to send a favorable recommendation to City Council. City Council approved the request at first reading on January 6, 2020. Certification from the Volusia Growth Management Commission was received on February 4, 2020. Land Use Compatibility:The subject property is currently vacant;prior to any development on the property a site plan must be City of Edgewater Printed on 2/21/2020Page 1 of 2 powered by Legistar™ File #:2019-O-32,Version:2 Land Use Compatibility:The subject property is currently vacant;prior to any development on the property a site plan must be approved upon meeting the regulations set forth in the Land Development Code including but not limited to Articles III,IV,V and XX. Adequate Public Facilities:There is access to the property via South Ridgewood Avenue;City water and wastewater is available to the property. Comprehensive Plan Consistency:The subject property is adjacent to Ridgewood Avenue which is the City’s primary commercial corridor. The Volusia County Commercial Future Land Use designation allows for a full range of sales and service activities.These uses may occur in self-contained centers,multi-story structures,campus parks,municipal central business districts,or along arterial highways and allows for a maximum FAR of 0.55. The City of Edgewater Commercial Future Land Use designation consists of a variety of retail and office uses;such as medical facilities,shopping centers,restaurants,automobile service facilities and similar uses.Typical neighborhood and highway service areas are allowed to build up to a maximum floor area ratio (FAR) of 0.5. The majority of commercial development within the City is located along U.S.1 in a strip pattern.This area contains restaurants, convenience goods stores and neighborhood centers. RECOMMENDED ACTION Motion to approve Ordinance No. 2019-O-32. City of Edgewater Printed on 2/21/2020Page 2 of 2 powered by Legistar™ Strike through passages are deleted. Underlined passages are added. 1 2019-O-32 ORDINANCE NO. 2019-O-32 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN, AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY C O MME R C I A L AND U R B A N L O W I N TEN S I T Y TO CITY C O M M E RCI AL F OR 6.0± ACRES OF CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SOUTH RIDGEWOOD AVENUE AND PACKWOOD ROAD EDGEWATER, FLORIDA; PROVIDING FOR PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Howard Hewitt, on behalf of the Sarah Jane Hewitt Revocable Trust, property owner, has applied for an amendment to the Comprehensive Plan Future Land Use Map to include property located at the southeast corner of South Ridgewood Avenue and Packwood Road within Volusia County, Florida as Commercial. Subject property contains approximately 6.0± acres. WHEREAS, the Planning and Zoning Board, sitting as the City’s Local Planning Agency, held a Public Hearing pursuant to 163.3174, Fla. Stat. (2016), on Wednesday, December 11, 2019, and by a vote of 6-0, recommended that the City Council approve the proposed Plan Amendment; WHEREAS, the City Council feels it is in the best interests of the citizens of the City of Edgewater to amend its Comprehensive Plan as more particularly set forth hereinafter. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: Strike through passages are deleted. Underlined passages are added. 2 2019-O-32 PART A. AMENDMENT. Ordinance No. 81-O-10, as amended and supplemented, adopting the Comprehensive Plan of the City of Edgewater, Florida, regulating and restricting the use of lands located within the City of Edgewater, Florida, shall be amended to include property described in Exhibits “A” and “B” on the Future Land Use Map as Commercial. PART B. PUBLIC HEARINGS. It is hereby found that a public hearing held by the City Council to consider adoption of this ordinance on February 3, 2020 at 6:00 p.m. in the City Council Chambers at City Hall, 104 N. Riverside Drive, Florida, after notice published at least 10 days prior to hearing is deemed to comply with 163.3184, Fla. Stat. (2016). PART C. CONFLICTING PROVISIONS. All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, Strike through passages are deleted. Underlined passages are added. 3 2019-O-32 this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. The amendment shall also not be effective until certification is received from the Volusia Growth Management Commission. PART E. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, with property, or circumstance. PART F ADOPTION. After Motion to approve by Councilwoman Power and second by Councilwoman O’Keefe, the vote on the first reading of this ordinance on January 6, 2020 was as follows: AYE NAY Mayor Mike Thomas X _____ Councilwoman Christine Power X _____ Councilwoman Kimberly Yaney X _____ Councilwoman Megan O’Keefe X _____ Councilman Gary Conroy X _____ Strike through passages are deleted. Underlined passages are added. 4 2019-O-32 After Motion to approve by , Second by, the vote on the second reading/public hearing of this ordinance held on February 3, 2020, was as follows: Mayor Mike Thomas Councilwoman Christine Power Councilwoman Kimberley Yaney Councilwoman Megan O’Keefe Councilman Gary T. Conroy PASSED AND DULY ADOPTED this 3rd day of February, 2020. ATTEST: COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Robin L. Matusick Mike Thomas City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe, Ciocchetti & Yoon Approved by the City Council of the City of Edgewater at a meeting held on this 3rd day of February, 2020 under Agenda Item No. 8 . AYE NAY Strike through passages are deleted. Underlined passages are added. 5 2019-O-32 EXHIBIT “A” LEGAL DESCRIPTION A portion of the North 660 feet of the Jane Murray Grant in Sections 48 and 49, Township 18 South, Range 34 East, lying East of U. S. Highway No. 1, being more particularly described as follows: Commence at the Intersection of the North line of the said Jane Murray Grant and the East line of U. S. Highway No. 1, a 158 foot right of way as now laid out; thence run South 22°054’40” East along said East line of U. S. Highway No. 1, a distance of 50.00 feet for the point of beginning; thence North 68°059’20” East, a distance of 79.78 feet to the point of curvature of a curve to the right having a radius of 275.00 feet and a central angle of 63°07’28”; thence Southerly along the arc of said curve, a distance of 302.98 feet to the point of tangency of said curve; thence South 42°06’47” West, a distance of 10.00 feet; thence South 47°53’12” East, a distance of 74.03 feet to the point of curvature of a curve to the left having a radius of 510.00 feet and a central angle of 26°25’24”; thence Southerly along the arc of said curve a distance of 235.20 feet to the point of tangency of said curve; thence South 74°18’36” East, a distance of 249.85 feet to the point of curvature of a curve to the left having a radius of 778.26 feet and a central angle of 8°22’42”; thence Southerly along the arc of said curve, a distance of 113.80 feet to the South line of the North 660 feet of the Jane Murray Grant; thence South 68°59’20” West, along the said South line of the North 660 feet of the Jane Murray Grant, a distance of 775. 71 feet to the East line of U. S. Highway No. 1; thence North 22°54’40” West, along said East line of U. S. Highway No. 1, a distance of 610.36 feet to the point of beginning. Containing 6.0± acres more or less and being in Volusia County, Florida Strike through passages are deleted. 6 Underlined passages are added. EXHIBIT “B” 2019-O-32 O m n i D rWashi ngt onAveA d a m s R d H o llo w O a k T rO m n iCir A rb o r L n Packwood Rd S Ri d g e wo o d Av e Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS U ser Community . Date: 11/7/201 9 Su bject Prope rty O m n i D rWashi ngt onAveA d a m s R d H o llo w O a k T rO m n iCir A rb o r L n Packwood Rd S Ri d g e wo o d Av e . Su bject Prope rty Date: 11/7/201 9 Adams Rd Rock OakTrHazelwo o d River Rd Omni DrOmni CirHollow O a k T r Pack w o o d R d Arbor Ln SRidgewoodAveS Ridgewood AveArbor Ln Packwood Rd Omni CirHollow O a k T r Omni Dr Rock Oak TrThis map is for illustrative purposes only. The data represented is provided as a public service for general information and should not be used for legal, engineering, or surveying purposes. The City of Edgewater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. Subject Property Parcels: 8448-00-00-0051, 8448-00-00-0053 & 8448-00-00-005 Proposed City Future Land Use: Commercial .. Date: 12/5/2019 Date: 12/5/2019 Existing Proposed This map is for illustrative purposes only. The data represented is provided as a public service for general information and should not be used for legal, engineering, or surveying purposes. The City of Edgewater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. Subject Property Parcels: 8448-00-00-0051, 8448-00-00-0053 & 8448-00-00-005 Current County Future Land Use: Commercial & Urban Low Intensity County of Volusia Future Land Use Map City Limits Subject Property AGRICULTURE COMMERCIAL CONSERVATION ENVIRONMENTAL SYSTEMS CORRIDOR FORESTRY RESOURCE GATEWAY GREENKEY INDUSTRIAL LOW IMPACT URBAN PUBLIC/SEMI-PUBLIC RURAL URBAN HIGH INTENSITY URBAN LOW INTENSITY URBAN MEDIUM INTENSITY INCORPORATED City of Edgewater Future Land Use Map Subject Property Conservation Overlay Agriculture Recreation Conservation Public/Semi-Public High Density Residential Medium Density Residential Low Density Residential Low Density Transition Mixed Use Industrial Commercial Sustainable Community Development City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2019-O-33,Version:2 ITEM DESCRIPTION: 2nd Reading -Ordinance No.2019-O-33 -Howard Hewitt requesting an amendment to the Official Zoning Map to include 6.0±acres of land located east of South Ridgewood Avenue and south of Packwood Road as B-3 (Highway Commercial). OWNER:Sara Jane Hewitt Revocable Trust REQUESTED ACTION:Send a favorable recommendation to City Council to amend the Official Zoning Map to include property as B-3 (Highway Commercial) LOCATION: East of South Ridgewood Avenue, south of Packwood Road AREA:6.0± acres PROPOSED USE: NA CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County Commercial and Urban Low Intensity ZONING DISTRICT:Volusia County BPUD (Business Planned Unit Development) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant Volusia County Commercial Volusia County B-4W (General Commercial) East Single Family Residence Volusia County Urban Low Intensity Volusia County R-3W (Urban Single Family) South Mini-warehouse Commercial B-3 (Highway Commercial) West Single Family Residence Volusia County Urban Low Intensity Volusia County A-3 (Transitional Agriculture) Background:The subject property is currently vacant;the applicant is not proposing any development at this time.Annexation and an amendment to the Future Land Use Map shall occur simultaneously with this amendment. Adjacent property owners were notified of the request on December 2, 2019, staff has not received any objections. At their regular meeting of December 11, 2019, the Planning & Zoning Board voted to send a favorable recommendation to City Council. City Council approved the request at first reading on January 6, 2020. Land Use Compatibility:The subject property is currently vacant;prior to any development on the property a site plan must be City of Edgewater Printed on 2/21/2020Page 1 of 2 powered by Legistar™ File #:2019-O-33,Version:2 Land Use Compatibility:The subject property is currently vacant;prior to any development on the property a site plan must be approved upon meeting the regulations set forth in the Land Development Code including but not limited to Articles III,IV,V and XX. Adequate Public Facilities:There is access to the property via South Ridgewood Avenue;City water and wastewater is available to the property. Comprehensive Plan Consistency:Per Section 21-31,Table III-1 of the Land Development Code the proposed B-3 (Highway Commercial) zoning designation is a compatible Zoning District with the Commercial Future Land Use. RECOMMENDED ACTION Motion to approve Ordinance No. 2019-O-33. City of Edgewater Printed on 2/21/2020Page 2 of 2 powered by Legistar™ Strike through passages are deleted. Underlined passages are added. 1 2019-O-33 ORDINANCE NO. 2019-O-33 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY BPUD (BUSINESS PLANNED UNIT DEVELOPMENT) TO CITY B-3 (HIGHWAY COMMERCIAL) FOR 6.0± ACRES OF CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SOUTH RIDGEWOOD AVENUE AND PACKWOOD ROAD, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Howard Hewitt is the applicant on behalf of Sarah Jane Hewitt Revocable Trust, owner of property located at the southeast corner of South Ridgewood Avenue and Packwood Road within Volusia County, Florida. Subject property contains approximately 6.0± acres. 2. The applicant has submitted an application for a change in zoning classification from County BPUD (Business Planned Unit Development) to City B-3 (Highway Commercial) for the property described herein. 3. On December 11, 2019, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification. 4. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 5. The proposed change in zoning classification is not contrary to the established land use pattern. Strike through passages are deleted. Underlined passages are added. 2 2019-O-33 6. The proposed change in zoning classification will not adversely impact public facilities. 7. The proposed change in zoning classification will not have an adverse effect on the natural environment. 8. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification is hereby changed from County BPUD (Business Planned Unit Development) to City B-3 (Highway Commercial), for the property described in Exhibits “A” & B”. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, Strike through passages are deleted. Underlined passages are added. 3 2019-O-33 or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by Councilwoman Power and second by Councilwoman O’Keefe, the vote on the first reading of this ordinance on January 6, 2020 was as follows: AYE NAY Mayor Mike Thomas X _____ Councilwoman Christine Power X _____ Councilwoman Kimberly Yaney X _____ Councilwoman Megan O’Keefe X _____ Councilman Gary Conroy X _____ Strike through passages are deleted. Underlined passages are added. 4 2019-O-33 After Motion to approve by _________________________________ and second by _____________________________________, the vote on the second reading/public hearing of this ordinance on ____________________________, 2020 was as follows: AYE NAY Mayor Mike Thomas _____ _____ Councilwoman Christine Power _____ _____ Councilwoman Kimberly Yaney _____ _____ Councilwoman Megan O’Keefe _____ _____ Councilman Gary Conroy _____ _____ PASSED AND DULY ADOPTED this 3rd day of February, 2020. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Robin Matusick Mike Thomas City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe, Ciocchetti & Yoon Approved by the City Council of the City of Edgewater at a meeting held on this 3rd day of February, 2020, under Agenda Item No. 8 . Strike through passages are deleted. Underlined passages are added. 5 2019-O-33 EXHIBIT “A” LEGAL DESCRIPTION A portion of the North 660 feet of the Jane Murray Grant in Sections 48 and 49, Township 18 South, Range 34 East, lying East of U. S. Highway No. 1, being more particularly described as follows: Commence at the Intersection of the North line of the said Jane Murray Grant and the East line of U. S. Highway No. 1, a 158 foot right of way as now laid out; thence run South 22°054’40” East along said East line of U. S. Highway No. 1, a distance of 50.00 feet for the point of beginning; thence North 68°059’20” East, a distance of 79.78 feet to the point of curvature of a curve to the right having a radius of 275.00 feet and a central angle of 63°07’28”; thence Southerly along the arc of said curve, a distance of 302.98 feet to the point of tangency of said curve; thence South 42°06’47” West, a distance of 10.00 feet; thence South 47°53’12” East, a distance of 74.03 feet to the point of curvature of a curve to the left having a radius of 510.00 feet and a central angle of 26°25’24”; thence Southerly along the arc of said curve a distance of 235.20 feet to the point of tangency of said curve; thence South 74°18’36” East, a distance of 249.85 feet to the point of curvature of a curve to the left having a radius of 778.26 feet and a central angle of 8°22’42”; thence Southerly along the arc of said curve, a distance of 113.80 feet to the South line of the North 660 feet of the Jane Murray Grant; thence South 68°59’20” West, along the said South line of the North 660 feet of the Jane Murray Grant, a distance of 775. 71 feet to the East line of U. S. Highway No. 1; thence North 22°54’40” West, along said East line of U. S. Highway No. 1, a distance of 610.36 feet to the point of beginning. Containing 6.0± acres more or less and being in Volusia County, Florida Strike through passages are deleted. Underlined passages are added. 6 2019-O-33 EXHIBIT “B” O m n i D rWashi ngt onAveA d a m s R d H o llo w O a k T rO m n iCir A rb o r L n Packwood Rd S Ri d g e wo o d Av e . Su bject Prope rty Date: 11/7/201 9 O m n i D rWashi ngt onAveA d a m s R d H o llo w O a k T rO m n iCir A rb o r L n Packwood Rd S Ri d g e wo o d Av e Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS U ser Community . Date: 11/7/201 9 Su bject Prope rty Hollow O a k Godfrey R d Omni Dr Rock Oak TrOmni CirHollow O a k T r Arbor Ln PackwoodRd SRidgewoodAveAdams Rd Rock Oak TrOmni Dr Omni CirHollow O a k T r Arbor Ln Pack w o o d R dS RidgewoodAveSubject Property Parcels: 8448-00-00-0051, 8448-00-00-0053 & 8448-00-00-0054 Proposed City Zoning: B-3 - Highway Commercial This map is for illustrative purposes only. The data represented is provided as a public service for general information and should not be used for legal, engineering, or surveying purposes. The City of Edgewater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. . Date: 11/7/2019Date: 11/7/2019 Existing Proposed This map is for illustrative purposes only. The data represented is provided as a public service for general information and should not be used for legal, engineering, or surveying purposes. The City of Edgewater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. Subject Property Parcels: 8448-00-00-0051, 8448-00-00-0053 & 8448-00-00-0054 Current County Zoning: BPUD . County Zoning A-1 A-2 A-3 A-4 B-2 B-4 B-5 BPUD C CW FR I-1 I-4 MH-1 MH-2 MH-3 MH-4 MH-5 MH-6 MH-8 MPUD PW R-3 R-4 R-6 RA RC RCW RPUD RR ZONING AG - Agriculture RT - Rural Transitional R-1 - SF Residential R-2 - SF Residential R-3 - SF Residential R-4 - MF Residential R-5 - MF Residential RPUD - Residential Planned Unit Development RP - Residential Professional Office MH-1 - Mobile Home Park MH-2 - Manufactured Home Subdivision B-2 - Neighborhood Business B-3 - Highway Commercial B-4 - Tourist Commercial BPUD - Business Planned Unit Development I-1 - Light Industrial I-2 - Heavy Industrial IPUD - Industrial Planned Unit Development R - Recreation P/SP - Public/Semi-Public EC/CC - Employment Center/Community Center CN - Conservation MUPUD - Mixed Use Planned Unit Development SCD/PUD - Sustainable Community Development/Planned Unit Development County - Retains County Zoning City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2020-O-03,Version:4 COUNCIL AGENDA ITEM SUBJECT: 2nd Reading -Ordinance No.2020-O-03 amending and restating Chapter 10 (Health,Sanitation,Property Maintenance and Code Enforcement),Article III (Cleanliness and sanitation of premises.In this entirety;of the code of ordinances,City of Edgewater,FL;providing for conflicting provisions,severability and applicability; providing the codification an effective date and for adoption. DEPARTMENT: Edgewater Fire Rescue/Code Enforcement Division SUMMARY: Chapter 10 (Health,Sanitation,Property Maintenance and Code Enforcement),Article III (Cleanliness and Sanitation of Premises)is being amended and restated in its entirety to reflect modifications to Section 10-40 (Littering - Public property and waterways). City Council approved Ordinance 2020-O-03 at first reading February 3, 2020. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve Ordinance No.2020-O-03 amending and restating Chapter 10 (Health,Sanitation,Property Maintenance and Code Enforcement),Article III (Cleanliness and sanitation of premises)is being amended and restated in its entirety to reflect modifications of Section 10-40 (Littering - Public property and waterways) City of Edgewater Printed on 2/21/2020Page 1 of 1 powered by Legistar™ 1 Struck through passages are deleted. Underlined passages are added. #2020-O-03 ORDINANCE NO. 2020-O-03 AN ORDINANCE AMENDING AND RESTATING CHAPTER 10 (HEALTH, SANITATION, PROPERTY MAINTENANCE AND CODE ENFORCEMENT), ARTICLE III (CLEANLINESS AND SANITATION OF PREMISES) IN THIS ENTIRETY; OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA; PROVIDING FOR CONFICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. It has been determined that excessive delivery of newspapers, circulations, advertisements, etc. can be detrimental to various residences. 2. Various deliveries of newspapers, circulations, advertisements, etc. that are not subscribed can become a hazard on property. 3. Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement), Article III (Cleanliness and Sanitation of Premises) is being amended and restated in its entirety to reflect modifications to Section 10-40 (Littering - Public property and waterways). NOW THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMEND AND RESTATE CHAPTER 10 (HEALTH, SANITATION, PROPERTY MAINTENANCE AND CODE ENFORCEMENT), ARTICLE III (CLEANLINESS AND SANITATION OF PREMISES) IN ITS ENTIRETY, OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA 2 Struck through passages are deleted. Underlined passages are added. #2020-O-03 Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement), Article III (Cleanliness and Sanitation of Premises) is amended and restated pursuant to Exhibit “A”, which is attached and incorporated herein. PART B. CONFLICTING PROVISIONS All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. if this ordinance of any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. PART D. CODIFICATION Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word “ordinance”, may be changed to “section”, “article”, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE This ordinance shall take effect upon adoption. 3 Struck through passages are deleted. Underlined passages are added. #2020-O-03 PART F. ADOPTION After Motion to approve by Councilwoman Power with Second by Councilwoman O’Keefe the vote on the first reading of this ordinance held on February 3, 2020, was as follows: AYE NAY Mayor Mike Thomas ABSENT Councilwoman Christine Power X Councilwoman Kimberly Yaney X Councilwoman Megan O’Keefe X Councilman Gary Conroy X After Motion to approve by __________________________________________ with Second by __________________________________________, the vote on the public hearing/second reading of this ordinance held on March 2, 2020 was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Kimberly Yaney Councilwoman Megan O’Keefe Councilman Gary Conroy 4 Struck through passages are deleted. Underlined passages are added. #2020-O-03 PASSED AND DULY ADOPTED this _______ day of _____________________, 2020. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Robin L. Matusick, CMC Gary Conroy City Clerk/Paralegal Vice-Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe, Ciocchetti & Yoon Approved by the City Council of the City of Edgewater at a meeting held on this 2nd day of March, 2020 under Agenda Item #8_____ 5 Struck through passages are deleted. Underlined passages are added. #2020-O-03 EXHIBIT “A” CHAPTER 10 (HEALTH, SANITATION, PROPERTY MAINTENANCE AND CODE ENFORCEMENT) ARTICLE III (CLEANLINESS AND SANITATION OF PREMISES) Sec. 10-40. Littering - Public property and waterway. (a) It shall be unlawful for any person to dump, throw, place or cast, or cause to be dumped, thrown, placed or cast any refuse, rubbish, litter, trash, junk, garbage, or other unwholesome matter or substance of any kind whatsoever on any street, avenue, road, highway, waterway or any public way or along the rights-of-way thereof, including city, county, state and federal roads and highways, and waterways, within the city, or in any public park, beach or other public grounds in the city. (b) It shall be unlawful for any person, directly or through an agent or employee to distribute or cause to be distributed, deposited, placed, thrown, cast, scattered, handed out or circulated any handbill, commercial advertisement or newspaper not subscribed on any unattended vehicle, known vacant property or property with the appearance of vacancy or with the accumulation of greater than two days of such material. (c) It shall be unlawful for any person to distribute, cast, throw, or otherwise place circulars, handbills, newspapers, magazines, papers, merchandise or discarded material on residential, commercial or public real property after receiving notification by the owner or occupant thereof that said owner or occupant does not wish to receive the item being distributed. (c) (d) It is to be expressly understood that the prohibitions set forth in subsection (a) do not prohibit the orderly placing of refuse, litter, trash and garbage at street side for systematic collection by the city, but do specifically prohibit the indiscriminate and disorderly casting of wastes on city streets. City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2020-O-04,Version:1 COUNCIL AGENDA ITEM SUBJECT: First Reading - Ordinance No. 2020-O-04 - Proposed Charter Ballot Language DEPARTMENT: City Clerk/Paralegal SUMMARY: Pursuant to Resolution No.2019-R-08 Council adopted in September 2019 City Council appointed members to the Charter Review Committee for review and possible revisions to the current City Charter. Since October 2019,the Charter Review Committee has been working diligently to review and provide various (11)proposed charter revisions for consideration by the City Council for possible placement on the upcoming general election ballot. A summary of the proposed Charter revisions are summarized below: 1.Section 1.01(f) - Added language regarding the Indian River/Mosquito Lagoon estuary 2.Section 1.01(g) - Added language regarding not supporting a bridge spanning the Indian River 3.Section 3.05 -Modified the language regarding the Consumer Price Index (CPI)adjustment from biannual to annually.Additionally added language regarding frequency on when changes to how compensation may be adjusted to every five years. 4.Section 3.07 -Added language that requires city council members to complete municipal government training programs and stipulates time frame to complete, subject to funds being available. 5.Section 3.08(d)-Modified limitations on borrowing from 0.75 percent to 1.00 percent of net taxable value, struck the moving five year period an added language in accordance with applicable state statutes. 6.Section 3.08(e)-Added language which prohibits a city employee from holding an elected office of the City of Edgewater while employed by the City of Edgewater. 7.Section 3.09(b)(1)-Modified language regarding members of council may only be absent from three (3) regular council meetings in a twelve (12) month period. 8.Section 4.01 -Added language that the city manager shall by a majority vote of its total membership terminate a city manager. 9.Section 4.02(13)-Added no relative of the city manager shall be employed by the city unless previously hired prior to the city manager being appointed. 10.Section 4.05 -Added language that the city attorney shall by a majority vote of its total membership terminate a city attorney. 11.Section 4.06 -Added language that the city clerk shall by a majority vote of its total membership City of Edgewater Printed on 2/21/2020Page 1 of 2 powered by Legistar™ File #:2020-O-04,Version:1 terminate a city clerk. City Council needs to review and approve any or all of the proposed revisions. The Charter Review Committee also made recommendations for review and updates to all Personnel Policies and Procedures related to the following such as it covers City Council, Boards and employees: 1.Nepotism - hiring of relatives using the definition as provided by the State of Florida. 2.Code of Ethics - required courses for council and select staff on an annual basis. 3.Personnel Board - obsolete structure that needs to be stricken from the policy. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve Ordinance No. 2020-O-04. City of Edgewater Printed on 2/21/2020Page 2 of 2 powered by Legistar™ 1 Struck through passages are deleted. Underlined passages are added. #2020-O-04 ORDINANCE #2020-O-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ADOPTED PURSUANT TO FLORIDA STATUTES SECTIONS 101.161 AND 166.031 SETTING FORTH PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE SUBMITTED TO THE VOTERS OF THE CITY AT THE GENERAL ELECTION ON NOVEMBER 3, 2020; PROVIDING FOR A BALLOT SUMMARY AND TITLE FOR EACH PROPOSED AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council created a Charter Review Commission to review the Charter and propose recommended changes to the City Charter; WHEREAS, Section 166.031, Florida Statutes, provides that the governing body of a municipality may, by ordinance, submit to the electors of said municipality proposed amendments to its charter which amendments may be to any part or to all of its charter; and WHEREAS, the City Council finds that it is in the best interest of the City of Edgewa ter to submit certain proposed amendments to the Charter of the City of Edgewater to the electors of the City at the general election to be held November 3, 2020, all in accordance with Section 166.031, Florida Statutes. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT Section 1.01 of the City Charter shall be amended, upon a vote of a majority of the City of Edgewater electors in favor of such an amendment, to read as follows: Sec. 1.01. General powers. The city shall have all governmental, corporate and proprietary powers to enable it to conduct municipal government, perform municipal functions, and render municipal 2 Struck through passages are deleted. Underlined passages are added. #2020-O-04 services, and may exercise any power for municipal purposes except as otherwise provided by law. (a) (1) In order to further protect the public health, safety, general welfare, and aesthetics, no new building height, east of the centerline of U.S. Highway 1, shall exceed 35 feet, nor shall any existing building, east of the centerline of U.S. Highway 1, be altered to cause it to exceed a building height of 35 feet. (2) The building height restrictions contained in Section 1.01(a)(1) shall not apply to Business/Commercial, Public/Semi-Public or Industrial buildings, including, but not limited to, retail stores, fire and police stations, hospitals and manufacturing facilities. The 35-foot height restriction shall apply to residential buildings such as condominiums. (b) Building height means the vertical distance measured from the required minimum finished floor elevation to the highest point of the roof. (c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas, water tanks, fire towers, cooling towers, ventilators, chimneys, radio and television towers, elevator hoistways, not intended for human occupancy. (d) Buildings in existence or with approved construction permits or adopted Planned Unit Developments on or before the effective date of this amendment may be completed, repaired or rebuilt to a height not to exceed the previously existing height, within the same building footprint, subject to any other applicable state, federal or local laws. The height limits are not intended to restrict or otherwise adversely affect a property owner's vested rights under constitutional, statutory or common law. If it is determined by a court of competent jurisdiction that a landowner has vested rights, the landowner can elect to proceed with development under the Land Development Code in effect on the date of the adoption of this amendment. (e) Those parts of any ordinances in conflict with this section are hereby repealed. This section becomes effective upon adoption. This amendment shall become effective immediately upon approval by the electors. (f) The City shall continue to conserve, protect and manage the coastal resources of the City including the wetland and upland ecosystem so as to protect and not degrade the environmental quality of the Indian River/Mosquito Lagoon estuary. The form of ballot for the proposed Charter amendment shall be, as follows: BALLOT SUMMARY The current City Charter has no provision relating to the City’s duty to conserve, protect and manage its costal resources or, specifically, the Indian River. This proposed Charter Amendment would add a provision to articulate the City’s obligation to protect the Indian River. PROTECTION OF THE INDIAN RIVER Should the City Charter be amended to add a provision for the protection of the Indian River? 3 Struck through passages are deleted. Underlined passages are added. #2020-O-04 ______ Yes. In favor of amending the Charter to add a provision for the protection of the Indian River. ______ No. Against amending the Charter to add a provision for the protection of the Indian River. PART B. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT Section 3.07 of the City Charter shall be amended, upon a vote of a majority of the City of Edgewater electors in favor of such an amendment, to read as follows: Sec. 3.07. - General powers and duties; municipal government training. (a) All legislative powers of the city shall be vested in the city council, except as provided by law or this Charter, and the city council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. (b) Each member of the city council shall complete municipal government training programs provided by the Florida League of Cities titled “Institute for Elected Municipal Officials (Basic)” and “Advanced Institute for Elected Municipal Officials” or their equivalent, subject to funds being available in the city budget for this educational training. The programs shall be completed within two years of the next general election for all current members of the city council and within two years of being elected for all subsequently elected officials. The form of ballot for the proposed Charter amendment shall be, as follows: BALLOT SUMMARY The current City Charter does not require city council members to have municipal government training. This proposed Charter Amendment would require city council members to complete Florida League of Cities municipal government training programs to assist them in effectively meeting the requirements of their elected office. MUNICIPAL GOVERNMENT TRAINING Should the City Charter be amended to require that city council members complete municipal government training programs? ______ Yes. In favor of amending the Charter to require city council members to complete municipal government training programs. ______ No. Against amending the Charter to require city council members to complete municipal government training programs. PART C. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT 4 Struck through passages are deleted. Underlined passages are added. #2020-O-04 Section 1.01 of the City Charter shall be amended, upon a vote of a majority of the City of Edgewater electors in favor of such an amendment, to read as follows: Sec. 1.01. General powers. The city shall have all governmental, corporate and proprietary powers to enable it to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. (a) (1) In order to further protect the public health, safety, general welfare, and aesthetics, no new building height, east of the centerline of U.S. Highway 1, shall exceed 35 feet, nor shall any existing building, east of the centerline of U.S. Highway 1, be altered to cause it to exceed a building height of 35 feet. (2) The building height restrictions contained in Section 1.01(a)(1) shall not apply to Business/Commercial, Public/Semi-Public or Industrial buildings, including, but not limited to, retail stores, fire and police stations, hospitals and manufacturing facilities. The 35-foot height restriction shall apply to residential buildings such as condominiums. (b) Building height means the vertical distance measured from the required minimum finished floor elevation to the highest point of the roof. (c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas, water tanks, fire towers, cooling towers, ventilators, chimneys, radio and television towers, elevator hoistways, not intended for human occupancy. (d) Buildings in existence or with approved construction permits or adopted Planned Unit Developments on or before the effective date of this amendment may be completed, repaired or rebuilt to a height not to exceed the previously existing height, within the same building footprint, subject to any other applicable state, federal or local laws. The height limits are not intended to restrict or otherwise adversely affect a property owner's vested rights under constitutional, statutory or common law. If it is determined by a court of competent jurisdiction that a landowner has vested rights, the landowner can elect to proceed with development under the Land Development Code in effect on the date of the adoption of this amendment. (e) Those parts of any ordinances in conflict with this section are hereby repealed. This section becomes effective upon adoption. This amendment shall become effective immediately upon approval by the electors. (g) The City does not support and will not solicit support for the construction of a bridge spanning the Indian River within the corporate limits of the City of Edgewater. The form of ballot for the proposed Charter amendment shall be, as follows: BALLOT SUMMARY The current City Charter has no provision relating to the future construction of a bridge spanning the Indian River. This proposed Charter Amendment would add a provision to articulate the City’s opposition to the construction of a bridge spanning the Indian River within 5 Struck through passages are deleted. Underlined passages are added. #2020-O-04 City limits. OPPOSITION TO CONSTRUCTION OF A BRIDGE SPANNING THE INDIAN RIVER Should the City Charter be amended to specify the City’s opposition to the construction of a bridge spanning the Indian River within City limits? ______ Yes. In favor of amending the Charter to specify the City’s opposition to the construction of a bridge spanning the Indian River within City limits. ______ No. Against amending the Charter to specify the City’s opposition to the construction of a bridge spanning the Indian River within City limits. PART D. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT Section 3.05 of the City Charter shall be amended, upon a vote of a majority of the City of Edgewater electors in favor of such an amendment, to read as follows: Sec. 3.05. - Compensation. Council members shall receive as compensation the sum of $6,900.00 $7,631.00 annually, payable monthly. The mayor shall receive as compensation the sum of $8,600.00 $9,512.00 annually, payable monthly. A salary adjustment shall be awarded to the mayor and council members on a biannual annual basis in an amount stipulated by an average of the Consumer Price Index (CPI) issued in October of the adjustment year. The salary adjustment shall not exceed an amount of three percent increase. The city council is authorized to adjust the annual salary for the mayor and council members by ordinance, but the no ordinance increasing such salary shall not become effective until the date of commencement of the terms of a those members of the city council elected at the next regular election, provided that such election follows the adoption of the such ordinance by at least six months. Additionally, changes to compensation shall only be adjusted every five years. Council persons shall receive their actual and necessary expenses incurred in the performance of their duties of office in accordance with city policy. The form of ballot for the proposed Charter amendment shall be, as follows: BALLOT SUMMARY The current City Charter provides for biannual Consumer Price Index (CPI) adjustments to council members’ salaries and allows the city council to adjust salaries by ordinance with no limitation on the frequency and does not provide for payment of expenses incurred in performing the duties of office. This proposed Charter Amendment would state the correct current salaries, require annual CPI adjustment, limit adjustments by ordinance to every five years and provide for payment of expenses. 6 Struck through passages are deleted. Underlined passages are added. #2020-O-04 COMPENSATION Should the City Charter be amended to state the correct current salaries, provide for annual Consumer Price Index (CPI) adjustments, limit ordinances adjusting the mayor’s and council members’ salaries to every five years and provide that the expenses incurred in the performance of the duties of office be paid in accordance with city policy? ______ Yes. In favor of amending the Charter to state the correct current salaries, provide for annual CPI adjustments, limit ordinances adjusting the mayor’s and council members’ salaries to every five years and provide for the payment of the expenses incurred in the performance of the duties of office in accordance with city policy. ______ No. Against amending the Charter to state the correct current salaries, provide for annual CPI adjustments, limit ordinances adjusting the mayor’s and council members’ salaries to every five years and provide for the payment of the expenses incurred in the performance of the duties of office in accordance with city policy. PART E. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT Section 3.08(d) of the City Charter shall be amended, upon a vote of a majority of the City of Edgewater electors in favor of such an amendment, to read as follows: Sec. 3.08. Prohibitions. (d) Limitations on borrowing. The City of Edgewater shall not incur additional debt of more than 0.75 one percent of the net taxable value during any forward moving five-year period in accordance with applicable state statutes unless such debt is approved by a referendum of the eligible voters of the city in a general or special election. The form of ballot for the proposed Charter amendment shall be, as follows: BALLOT SUMMARY The current City Charter allows for the City to incur additional debt of .75 percent of net taxable value during any forward moving five year period. This proposed Charter Amendment would change the limit of additional debt to one percent and remove the five year rolling period. SIMPLIFY BORROWING LIMITATION BY CHANGING LIMIT TO ONE PERCENT AND REMOVING FIVE YEAR PERIOD Should the City Charter be amended to change the limitation on borrowing to one percent and removing the five year rolling period? ______ Yes. In favor of amending the Charter to change the limitation on borrowing to one percent and remove the five year rolling period. 7 Struck through passages are deleted. Underlined passages are added. #2020-O-04 ______ No. Against amending the Charter to change the limitation on borrowing to one percent and remove the five year rolling period. PART F. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT Section 3.08(e) of the City Charter shall be amended, upon a vote of a majority of the City of Edgewater electors in favor of such an amendment, to read as follows: Sec. 3.08. Prohibitions. (e) Reserved. Any City employee who is a City “officer” as defined by the “Resign to Run” law, § 99.012, Florida Statutes, and desires to run as a candidate for an elective City office shall resign their employment in accordance with the “Resign to Run” law. All other City employees elected to a City office shall resign their position prior to being sworn into office. The form of ballot for the proposed Charter amendment shall be, as follows: BALLOT SUMMARY The current City Charter allows City employees to be elected to a City office and continue their employment with the City. This proposed Charter Amendment would require City employees elected to a City office to resign from City employment prior to being sworn into office and require employees who fall under the definition of City officer to resign their employment in accordance with section 99.012, Florida Statutes, to run for City office. RESIGNATION OF CITY EMPLOYEES ELECTED TO CITY OFFICE AND CITY OFFICERS RESIGNING TO RUN Should the City Charter be amended to require City employees to resign from City employment if elected to City office and require City employees deemed as City officers under Florida Statutes to resign to run for City office? ______ Yes. In favor of amending the Charter to require City employees to resign from City employment if elected to City office and require City employees deemed as City officers under Florida Statutes to resign to run for City office. ______ No. Against amending the Charter to require City employees to resign from City employment if elected to City office and require City employees deemed as City officers under Florida Statutes to resign to run for City office. PART G. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT Section 3.09(b)(1) of the City Charter shall be amended, upon a vote of a majority of the City of Edgewater electors in favor of such an amendment, to read as follows: Sec. 3.09. Vacancies; forfeiture of office; recall; filling of vacancies. 8 Struck through passages are deleted. Underlined passages are added. #2020-O-04 (b) Forfeiture of office. A member of the city council shall forfeit that office if the member: (1) Is absent from three consecutive regular council meetings without being excused by the council within a twelve (12) month period; or The form of ballot for the proposed Charter amendment shall be, as follows: BALLOT SUMMARY The current City Charter provides that a member of the city council forfeits his or her office if he or she is absent from three consecutive regular council meetings without being excused by the council. The proposed Charter amendment would mandate forfeiture of office if a council member is absent from three regular council meetings within a twelve (12) month period and eliminate the necessity of council excusal for any absence. FORFEITURE OF OFFICE Should the City Charter be amended to mandate that a council member’s office is forfeited if he or she is absent from three regular meetings within a 12 month period and eliminate the necessity of council excusal for any absence? ______ Yes. In favor of amending the Charter to mandate forfeiture of office if council member is absent from three regular meetings within a 12 month period. ______ No. Against amending the Charter to mandate forfeiture of office if council member is absent from three regular meetings within a 12 month period. PART H. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT Section 4.01 of the City Charter shall be amended, upon a vote of a majority of the City of Edgewater electors in favor of such an amendment, to read as follows: Sec. 4.01. Appointment and qualifications termination of the city manager. The city council shall by a majority vote of its total membership appoint a city manager and establish the terms of employment and fix the level of compensation. The city manager shall be appointed solely on the basis of executive and administrative qualifications. The city council shall by a majority vote of its total membership terminate a city manager. The form of ballot for the proposed Charter amendment shall be, as follows: BALLOT SUMMARY The current City Charter provides for a majority vote of the city council’s total 9 Struck through passages are deleted. Underlined passages are added. #2020-O-04 membership to hire a city manager. This proposed Charter Amendment would require a majority vote of the city council’s total membership to hire and terminate a city manager. MAJORITY VOTE OF TOTAL MEMBERSHIP TO TERMINATE CITY MANAGER Should the City Charter be amended to require a majority vote of the city council’s total membership to terminate a city manager? ______ Yes. In favor of amending the Charter to require a majority vote of the city council’s total membership to terminate a city manager. ______ No. Against amending the Charter to require a majority vote of the city council’s total membership to terminate a city manager. PART I. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT Section 4.02 of the City Charter shall be amended, upon a vote of a majority of the City of Edgewater electors in favor of such an amendment, to read as follows: Sec. 4.02. Powers and duties of the city manager; restriction on employing relatives. The city manager shall be the chief administrative officer of the city and shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge under this Charter. The city manager shall: (1) Appoint, and when necessary, suspend or remove, all officers and employees of the city except as otherwise provided by law, this Charter, or personnel rules adopted pursuant to this Charter. The city manager may authorize any officer subject t o the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city except as otherwise provided by this Charter or by law. (3) Attend all city council meetings. The city manager shall have the right to take part in the discussion but shall not vote. (4) See that all laws, provisions of this Charter and acts of the city council, subject to enforcement by the city manager or by officers subject to the manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual budget and capital program to the city council; (6) Submit to the city council a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of city departments, offices, agencies; (8) Keep the cit y council advised as to the financial condition and future needs of the city; 10 Struck through passages are deleted. Underlined passages are added. #2020-O-04 (9) Make recommendations to the city council concerning the affairs of the city; (10) Provide staff support services for the city council; (11) Sign contracts, agreements, or leases on behalf of city to the extent authorized by ordinance; and (12) Perform such other duties as are specified in this Charter or may be required by the city council. No relative of the city manager shall be employed by the city. For purposes of this paragraph, “relative” means an individual who is related to the city manager as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in- law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. This provision shall not apply to a relative of the city manager hired prior to the city manager being appointed by the city council. The form of ballot for the proposed Charter amendment shall be, as follows: BALLOT SUMMARY The current Charter allows for the city to employ relatives of the city manager. This proposed Amendment would prohibit the employment of relatives of the city manager and specify the individuals falling under the term “relatives.” PROHIBITION ON EMPLOYMENT OF RELATIVES OF THE CITY MANAGER Should the City Charter be amended to prohibit the employment of relatives of the city manager? ______ Yes. In favor of amending the Charter to prohibit the employment of relatives of the city manager. ______ No. Against amending the Charter to prohibit the employment of relatives of the city manager. PART J. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT Section 4.05 of the City Charter shall be amended, upon a vote of a majority of the City of Edgewater electors in favor of such an amendment, to read as follows: Sec. 4.05. City attorney. The city council shall by a majority vote of its total membership appoint a city attorney and establish the terms of employment and fix the level of compensation. The city attorney must be admitted to the practice of law in the State of Florida. The city attorney shall be the chief legal advisor to, and attorney for, the city council, city manager, city clerk and all city departments, offices, and agencies and shall perform any other duties prescribed by this Charter or as may be 11 Struck through passages are deleted. Underlined passages are added. #2020-O-04 required by the city council. The city attorney shall report directly to the city council and shall not be under the supervision and direction of the city manager. The city council shall by a majority vote of its total membership terminate a city attorney. The form of ballot for the proposed Charter amendment shall be, as follows: BALLOT SUMMARY The current City Charter provides for a majority vote of the city council members in attendance to hire a city attorney. This proposed Charter Amendment would require a majority vote of the city council’s total membership to hire and terminate a city attorney. MAJORITY VOTE OF TOTAL MEMBERSHIP TO HIRE AND TERMINATE CITY ATTORNEY Should the City Charter be amended to require a majority vote of the city council ’s total membership to hire and terminate a city attorney? ______ Yes. In favor of amending the Charter to require a majority vote of the city council’s total membership to hire and terminate a city attorney. ______ No. Against amending the Charter to require a majority vote of the city council’s total membership to hire and terminate a city attorney. PART K. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT Section 4.06 of the City Charter shall be amended, upon a vote of a majority of the City of Edgewater electors in favor of such an amendment, to read as follows: Sec. 4.06. City clerk. The city council shall by a majority vote of its total membership appoint a city clerk and establish the terms of employment and fix the level of compensation. The city clerk shall keep the journal of city council proceedings and be the official custodian of public records. The city clerk shall serve as the elections clerk and shall perform any other duties prescribed b y general law, this Charter, or as may be required by the city council. The city clerk shall report directly to the city council and shall not be under the supervision and direction of the city manager. The city council shall by a majority vote of its total membership terminate a city clerk. The form of ballot for the proposed Charter amendment shall be, as follows: BALLOT SUMMARY The current City Charter provides for a majority vote of the city council members in attendance to hire a city clerk. This proposed Charter Amendment would require a majority vote 12 Struck through passages are deleted. Underlined passages are added. #2020-O-04 of the city council’s total membership to hire and terminate a city clerk. MAJORITY VOTE OF TOTAL MEMBERSHIP TO HIRE AND TERMINATE CITY CLERK Should the City Charter be amended to require a majority vote of the city council’s total membership to hire and terminate a city clerk? ______ Yes. In favor of amending the Charter to require a majority vote of the city council’s total membership to hire and terminate a city clerk. ______ No. Against amending the Charter to require a majority vote of the city council’s total membership to hire and terminate a city clerk. PART L. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART M. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. PART N. EFFECTIVE DATE. Amendments shall become effective upon voter approval and shall be incorporated into the Charter as required by law. PART O. ADOPTION. After Motion to approve by __________________________________ with Second by ______________________________________, the vote on the first reading of this ordinance held on __________________, 2020, was as follows: 13 Struck through passages are deleted. Underlined passages are added. #2020-O-04 AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Kimberly Klein-Yaney ______ ______ Councilwoman Megan O’Keefe Councilman Gary Conroy 14 Struck through passages are deleted. Underlined passages are added. #2020-O-04 After Motion to approve by __________________________________ with Second by ______________________________________, the vote on the second reading/public hearing of this ordinance held on _________________, 2020, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Kimberly Klein-Yaney ______ ______ Councilwoman Megan O’Keefe Councilman Gary Conroy PASSED AND DULY ADOPTED this ____________ day of ______________, 2020. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Robin L. Matusick Mike Thomas City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe, Ciocchetti & Yoon Approved by the City Council of the City of Edgewater at during the Council meeting held on the _____day of _____________ 2020 under Agenda Item 8____ Charter Review Committee P.O. Box 100 • Edgewater, FL 32132-0100 www.cityofedgewater.org TO: Mayor and City Council FROM: Gigi Bennington, Chairperson of the Charter Review Committee DATE: March 2, 2020 SUBJECT: Charter Review Committee Recommendations ___________________________________________________________________ Since October 2, 2019 the Charter Review Committee has been working diligently to review the City Charter and have come up with eleven (11) proposed charter revisions for consideration by the City Council and to place on the ballot at an upcoming general election. The eleven (11) proposed Charter revisions are summarized below; 1. Section 1.01(f) – Added language regarding the Indian River/Mosquito Lagoon estuary 2. Section 1.01(g) – Added language regarding not supporting a bridge spanning the Indian river 3. Section 3.05 – Modified the language regarding the Consumer Price Index (CPI) adjustment from biannual to annually. Additionally added language regarding frequency on when changes to how compensation may be adjusted to every five years. 4. Section 3.07 – Added language that requires city council members to complete municipal government training programs and stipulates time frame to complete, subject to funds being available. 5. Section 3.08(d) – Modified limitations on borrowing from 0.75 percent to 1.00 percent of net taxable value, struck the moving five year period an added language in accordance with applicable state statutes. 6. Section 3.08(e) – Added language which prohibits a city employee from holding an elected office of the City of Edgewater while employed by the City Charter Review Committee P.O. Box 100 • Edgewater, FL 32132-0100 www.cityofedgewater.org of Edgewater. 7. Section 3.09(b)(1) – Modified language regarding members of council may only be absent from three (3) regular council meetings in a twelve (12) month period. 8. Section 4.01 – Added language that the city manager shall by a majority vote of its total membership terminate a city manager. 9. Section 4.02(13) – Added no relative of the city manager shall be employed by the city unless previously hired prior to the city manager being appointed. 10. Section 4.05 - Added language that the city attorney shall by a majority vote of its total membership terminate a city attorney. 11. Section 4.06 - Added language that the city clerk shall by a majority vote of its total membership terminate a city clerk. In addition to the proposed Charter revisions, the Charter Review Committee recommend that the City Council direct staff to review and update all Personal Policies and Procedures to update all sections related to the following items such that it covers City Council, Boards and employees of the City of Edgewater; 1. Nepotism – Hiring of relatives using the definition as provided by the State of Florida. 2. Code of ethics – Required courses for Council and select staff on an annual basis. 3. Personnel Board – Obsolete structure that needs to be stricken from the policy. Finally, it is our recommendation that the City Council finds it is in the best interest to submit these proposed amendments to the Charter of the City of Edgewater to the electors of the City at the general electors to be held on November 3, 2020. If there are any other items that you would like for the Committee to address, please let us know. Otherwise, we appreciate your confidence during this process. City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2020-4664,Version:1 COUNCIL AGENDA ITEM SUBJECT: Acceptance of Grant award for Hazard Mitigation Grant Program (HMGP)4337-78-R YMCA Wind Retrofit Project DEPARTMENT: Finance / Parks & Recreation / Environmental Services SUMMARY: The attached Florida Division of Emergency Management (FDEM)proposed contract is for the Hazard Mitigation Grant Program (HMGP)4337-78-R YMCA Wind Retrofit Project.This project was submitted to FDEM in August 2018.This contract was received by Environmental Services on February 10,2020.This project is a Hazard Mitigation Grant Project in which we propose to protect the YMCA facility located at 148 W.Turgot Avenue.The mitigation measure will involve a hurricane wind retrofit that includes the removal and replacement of existing exterior windows,doors,louvers,and roof at this facility.This proposal will have wind protections at any opening such as vents,louvers and exhaust fans.All installations shall be in strict compliance with the Florida Building Code or Miami Cade Specification and all materials will be certified to meet wind and impact standards.This project shall provide protection against 150 MPH winds or the wind speed protection and impact requirements indicated by the effective Florida Building Code at the time permits are issued. The HMGP is a match grant program,the total cost of the project is estimated to be $253,630.00 with the city’s match of twenty-five percent being $63,407.50. This grant contract is for $190,222.50. BUDGETED ITEM:☐ Yes ☒ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☒ Yes ☐ No ☐ Not Applicable Budget will be amended as part of the Mid-Year budget Resolution. RECOMMENDED ACTION: Authorize the City Manager to approve the Florida Division of Emergency Management (FDEM)proposed contract is for the Hazard Mitigation Grant Program (HMGP)4337-78-R YMCA Wind Retrofit Project in the amount of $253,630. City of Edgewater Printed on 2/21/2020Page 1 of 1 powered by Legistar™ SUB-RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU REQUEST FOR REVIEW AND APPROVAL SUB-RECIPIENT: City of Edgewater PROJECT #: 4337-78-R PROJECT TITLE: Wind Retrofit Project CONTRACT #: H0170 MODIFICATION #: NA SUB-RECIPIENT REPRESENTATIVE (POINT OF CONTACT) Ms. Tyna Lynn Hilton Environmental Services Director City of Edgewater P.O. Box 100 Edgewater, Florida 32132-0100 Enclosed is your copy of the proposed contract/modification between the City of Edgewater and the Florida Division of Emergency Management (FDEM). COMPLETE This form is required to be included with all Reviews, Approvals, and Submittal Two (2) Copies printed for Approval Printed Single-sided (If your policy is to copy two-sided please contact me and I will send you two original one-sided copies for signature) Reviewed and Approved Signed and Dated by Official Representative (blue ink) Copy of the organization’s resolution or charter that specifically identifies the person or position that is authorized to sign, if not Chairman, Mayor, Chief Attachment I - Federal Funding Accountability and Transparency Act (FFATA) completed, signed, and dated ( N/A for Modifications) Two Signed and dated Originals mailed to FDEM - Tallahassee Florida Division of Emergency Management Mitigation Bureau – HMGP 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Attention – Grant Specialist –Veronica S. Ash, FCCM If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 815-,4578 or email me at Renee.singh@em.myflorida.com. 1 Agreement Number: __H0170_ Project Number: _4337-78-R__ FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a “subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.” As defined by 2 C.F.R. §200.74, “pass-through entity” means “a non-Federal entity that provides a subaward to a Sub-Recipient to carry out part of a Federal program.” As defined by 2 C.F.R. §200.93, “Sub-Recipient” means “a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program.” As defined by 2 C.F.R. §200.38, “Federal award” means “Federal financial assistance that a non- Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity.” As defined by 2 C.F.R. §200.92, “subaward” means “an award provided by a pass-through entity to a Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through entity.” The following information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub-Recipient’s name: City of Edgewater Sub-Recipient's unique entity identifier: 59-6000314 Federal Award Identification Number (FAIN): FEMA-DR-4337-FL Federal Award Date: February 22, 2019 Subaward Period of Performance Start and End Date: Upon Execution thru June 30, 2021 Amount of Federal Funds Obligated by this Agreement: $190,222.50 Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement: $190,222.50 Total Amount of the Federal Award committed to the Sub- Recipient by the pass-through entity $190,222.50 Federal award project description (see FFATA): Wind Retrofit Project Name of Federal awarding agency: Federal Emergency Management Agency Name of pass-through entity: FL Division of Emergency Management Contact information for the pass-through entity: Renee.singh@em.myflorida.com Catalog of Federal Domestic Assistance (CFDA) Number and Name: 97.039 Hazard Mitigation Grant Program Whether the award is R&D: N/A Indirect cost rate for the Federal award: N/A 2 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and the City of Edgewater, (hereinafter referred to as the "Sub-Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub-Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub-Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: “Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds.” Therefore, section 215.971, Florida Statutes, entitled “Agreements funded with federal or state assistance”, applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.” b. As required by Section 215.971(1), Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub- Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. v. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. 3 vi. A provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment B. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division’s Grant Manager shall be responsible for enforcing performance of this Agreement’s terms and conditions and shall serve as the Division’s liaison with the Sub-Recipient. As part of his/her duties, the Grant Manager for the Division shall: i. Monitor and document Sub-Recipient performance; and, ii. Review and document all deliverables for which the Sub-Recipient requests payment. b. The Division's Grant Manager for this Agreement is: Renee Singh, Project Manager Division of Emergency Management Bureau of Mitigation 2702 Directors Row Orlando, Florida 32809-5631 Telephone: (850) 815-4578 Email: Renee.singh@em.myflorida.com c. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: Tyna Lynn Hilton, Environmental Services Director City of Edgewater P.O. Box 100 Edgewater, Florida 32132-0100 Telephone: (386) 424-2400 Extension 4006 Email: THilton@cityofedgewater.org d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. 4 (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK. The Sub-Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (8) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end on June 30, 2021, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of “period of performance” contained in 2 C.F.R. §200.77, the term “period of agreement” refers to the time during which the Sub-Recipient “may incur new obligations to carry out the work authorized under” this Agreement. In accordance with 2 C.F.R. §200.309, the Sub-Recipient may receive reimbursement under this Agreement only for “allowable costs incurred during the period of performance.” In accordance with section 215.971(1)(d), Florida Statutes, the Sub-Recipient may expend funds authorized by this Agreement “only for allowable costs resulting from obligations incurred during” the period of agreement. (9) FUNDING a. This is a cost-reimbursement Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub-Recipient only for allowable costs incurred by the Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement (“Budget and Scope of Work”). The maximum reimbursement amount for the entirety of this Agreement is $190,222.50. d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient, which reads as follows: “By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any 5 false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).” e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub-Recipient against a performance measure, outlined in Attachment A, that clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a “performance goal”, which is defined in 2 C.F.R. §200.76 as “a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared.” It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub-Recipient “relate financial data to performance accomplishments of the Federal award.” g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 (“Compensation—personal services”) and 2 C.F.R. §200.431 (“Compensation—fringe benefits”). If the Sub-Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as “allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages.” Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub-Recipient-employee agreement, or an established policy of the Sub-Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: i. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal awards; and, iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub-Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub- Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), 6 Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub-Recipient must provide documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient’s written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. i. The Division’s grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub-Recipient. j. As defined by 2 C.F.R. §200.53, the term “improper payment” means or includes: i. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10) RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient’s personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub-Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient’s personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State’s record retention requirements (Chapter 119, Florida Statutes) and by 2 C.F.R. §200.333, the Sub-Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5) fiscal years from the date of 7 completion of grant cycle or project. The following are the only exceptions to the five (5) year requirement: i. If any litigation, claim, or audit is started before the expiration of the 5-year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub-Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 5-year retention requirement is not applicable to the Sub-Recipient. v. Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. §200.303, the Sub-Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, 8 basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub- Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (11) AUDITS a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub-Recipient shall follow Generally Accepted Accounting Principles (“GAAP”). As defined by 2 C.F.R. 9 §200.49, GAAP “has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB).” c. When conducting an audit of the Sub-Recipient’s performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards (“GAGAS”). As defined by 2 C.F.R. §200.50, GAGAS, “also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits.” d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non- compliance. e. The Sub-Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as “an independent certified public accountant licensed under chapter 473.” The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub-Recipient’s fiscal year. f. The Sub-Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.html h. The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 10 (12) REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub-Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c. The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Sub-Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub-Recipient shall provide additional reports and information identified in Attachment F. (13) MONITORING. a. The Sub-Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropr iate by the Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. 11 (14) LIABILITY a. Unless Sub-Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its rem edies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub-Recipient at any time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. The Sub-Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16) REMEDIES. If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: 12 a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (3) herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub-Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub-Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub-Recipient. (17) TERMINATION. a. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub-Recipient with thirty calendar day’s prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub-Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub-Recipient has received the 13 notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub-Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub-Recipient is determined. (18) PROCUREMENT a. The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled “Contract Provisions for Non-Federal Entity Contracts Under Federal Awards”). b. As required by 2 C.F.R. §200.318(i), the Sub-Recipient shall “maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price.” c. As required by 2 C.F.R. §200.318(b), the Sub-Recipient shall “maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders.” In order to demonstrate compliance with this requirement, the Sub- Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. d. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub-Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub- Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division’s review and comments shall not constitute an approval of the solicitation. Regardless of the Division’s review, the Sub-Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub-Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: 14 i. Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, ii. Refuse to reimburse the Sub-Recipient for any costs associated with that solicitation. e. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub-Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division’s review and comments shall not constitute an approval of the subcontract. Regardless of the Division’s review, the Sub-Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub-Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, ii. Refuse to reimburse the Sub-Recipient for any costs associated with that subcontract. f. The Sub-Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. g. As required by 2 C.F.R. §200.318(c)(1), the Sub-Recipient shall “maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts.” h. As required by 2 C.F.R. §200.319(a), the Sub-Recipient shall conduct any procurement under this agreement “in a manner providing full and open competition.” Accordingly, the Sub-Recipient shall not: 15 i. Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; v. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. i. “[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage” otherwise, the Sub-Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. j. The Sub-Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes. k. The Sub-Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), Florida Statutes. l. For each subcontract, the Sub-Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. Additionally, the Sub-Recipient shall comply with the requirements of 2 C.F.R. §200.321 (“Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms”). (19) ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. 16 c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Attachment A – Budget and Scope of Work iii. Attachment B – Program Statutes and Regulations iv. Attachment C – Statement of Assurances v. Attachment D – Request for Advance or Reimbursement vi. Attachment E – Justification of Advance Payment vii. Attachment F – Quarterly Report Form viii. Attachment G – Warranties and Representations ix. Attachment H – Certification Regarding Debarment x. Attachment I – Federal Funding Accountability and Transparency Act xi. Attachment J – Mandatory Contract Provisions (20) PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest- bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub- Recipient’s quarterly reporting as referenced in Paragraph (12) of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout report within thirty days of receiving notice from the Division. 17 (21) REPAYMENTS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of “Division of Emergency Management”, and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 b. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22) MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Sub-Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub-Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in 18 excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub-Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph (22) f. ii. of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g. If the Sub-Recipient is unable to certify to any of the statements in this certification, then the Sub-Recipient shall attach an explanation to this Agreement. h. In addition, the Sub-Recipient shall send to the Division (by email or by facsimile transmission) the completed “Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion” (Attachment H) for each intended subcontractor which Sub- Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub-Recipient enters into a contract with any subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub- Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub-Recipient created or received under this Agreement. j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division’s obligation to pay the contract amount. k. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act (“INA”)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub-Recipient of the employment provisions 19 contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. l. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (23) LOBBYING PROHIBITION a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347, Florida Statutes, prohibits “any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency.” c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." iii. The Sub-Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 20 (24) COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub-Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub-Recipient to the State of Florida. c. Within thirty days of execution of this Agreement, the Sub-Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub-Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub- Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully- paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida government purposes. (25) LEGAL AUTHORIZATION. The Sub-Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recipient to the terms of this Agreement. 21 (26) EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Sub-Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. iii. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. iv. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. v. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vi. In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared 22 ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. vii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub-Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub-Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance. d. The Sub-Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory 23 assurance of future compliance has been received from such Sub-Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27) COPELAND ANTI-KICKBACK ACT The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (28) CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). 24 (30) SUSPENSION AND DEBARMENT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31) BYRD ANTI-LOBBYING AMENDMENT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 25 (32) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used whenever possible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as “socioeconomic contracting,” does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The “socioeconomic contracting” requirement outlines the affirmative steps that the Sub-Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises, does not authorize the Sub-Recipient to break a single project down into smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. “project splitting”). (33) ASSURANCES. The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment C. 26 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB-RECIPIENT: CITY OF EDGEWATER By: Name and Title: Glenn A. Irby, City Manager Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Jared Moskowitz, Director Date: 27 EXHIBIT – 1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal Emergency Management Agency: Hazard Mitigation Grant Catalog of Federal Domestic Assistance title and number: 97.039 Award amount: $ 190,222.50____ THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: •2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards •The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities •Sections 1361(A) of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended by the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter- Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264 •31 CFR Part 205 Rules and Procedures for Funds Transfers Federal Program: 1.Sub-Recipient is to use funding to perform the following eligible activities: •Retrofitting of existing buildings and facilities •Other projects that reduce future disaster losses 2.Sub-Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. 28 Attachment A Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to protect the YMCA facility located in Edgewater, Volusia County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-78-R, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). The Sub-Recipient, City of Edgewater agrees to administer and complete the project per scope of work as submitted by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub- Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations and Codes. PROJECT OVERVIEW: As a Hazard Mitigation Grant Program project, the City of Edgewater proposes to protect the YMCA facility located at 148 W. Turgot Avenue, Edgewater Florida 32132. GPS Coordinates 28.980619, -80905602. The mitigation measure will involve a hurricane wind retrofit that includes the removal of existing exterior windows, doors and louvers at this facility, and the installation of hurricane rated windows, doors and louvers as specified. This proposal also includes the removal of the existing roof and the installation of a metal roof system in compliance with current Code. Wind protections shall be provided on any other opening such as vents, louvers and exhaust fans. All installations will be in strict compliance with the Florida Building Code or Miami Dade Specifications and all materials will be certified to meet wind and impact standards. The local municipal or county building department will inspect and certify installation according to the manufacture specification. The project shall provide protection against 150 MPH winds or the wind speed protection and impact requirements indicated by the effective Florida Building Code at the time permits are issued. TASKS & DELIVERABLES: A)Tasks: 1)The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by the Division and FEMA. The Sub-Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub-Recipient’s procurement policy as well as all Federal and State Laws and Regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per sealed engineering designs and construction plans presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. 29 The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub-Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub-Recipient shall provide an executed “Debarment, Suspension, Ineligibility, Voluntary Exclusion Form” for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub-Recipient. The Sub-Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub-Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. 2) The Sub-Recipient shall monitor and manage the procurement and installation of all opening protection products in accordance with the HMGP application and associated documentation as presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient shall ensure that all applicable State, Local and Federal Laws and Regulations are followed and documented, as appropriate. The project shall protect the structure from windblown debris resulting from high wind storms which shall allow the function of the structures to continue following a severe wind event. The Sub-Recipient shall fully perform the approved project, as described in the application, in accordance with the approved scope of work indicated herein, the estimate of costs indicated herein, the allocation of funds indicated herein, and all applicable terms and conditions. The Sub-Recipient shall not deviate from the approved project terms and conditions. Upon completion of the work, the Sub-Recipient shall schedule and participate in a final inspection of the completed project by the local municipal or county building department (official), or other approving official, as applicable. The official shall inspect and certify that all installation was in accordance with the manufacturer’s specifications. Any deficiencies found during this final inspection shall be corrected by the Sub-Recipient prior to Sub-Recipient’s submittal of the final inspection request to the Division. Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation shall include: a) Copy of permit(s), notice of commencement. b) Local Building Official Inspection Report and Final Approval. c) All Product Specifications / Data Sheet(s) (technical standards) satisfying protection requirements on all products utilized. d) Pursuant to subsection 553.896(2), Florida Statutes, projects including the construction of new or retrofitted window or door coverings must conform to design drawings that are signed, sealed, and inspected by a structural engineer who is registered in this state. The Sub- Recipient shall provide an inspection report and attestation or a copy of the signed and sealed plans to the Division before payment will be made. e) Proof of compliance with Project Conditions and Requirements contained herein. 3) During the course of this agreement the Sub-Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. 30 The Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient’s project personnel with each reimbursement request attesting to the completion of the work, that disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. The Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Construction Expense: The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub-Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses: The Sub-Recipient shall pre-audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third party in-kind services, if applicable, shall be conducted by the Division in coordination with the Sub-Recipient. Quarterly Reports shall be submitted by the Sub- Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub-Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application, and plans. The requests for reimbursement shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub-Recipient’s final request for reimbursement shall include the final construction project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B) Deliverables: Mitigation Activities consist of providing protection to the YMCA Facility, located in Edgewater, Florida 32312, by removal of the existing door, windows and roof and replacing with new secure doors, windows, and metal roof. The structure shall be hardened to the required Florida Building Code requirements. Protection shall be provided on all exterior openings, such as doors, windows, skylights, vents, louvers and exhaust fans on the structures. 31 The project shall provide protection against 150 MPH winds or the wind speed protection and impact requirements indicated by the effective Florida Building Code at the time permits are issued. Pursuant to subsection 553.896(2), Florida Statutes, projects including the construction of new or retrofitted window or door coverings must conform to design drawings that are signed, sealed, and inspected by a structural engineer who is registered in this state. The Sub-Recipient shall provide an inspection report and attestation or a copy of the signed and sealed plans to the Division before payment will be made. Provided the Sub-Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub-Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C)Engineering: 1)The Sub-Recipient shall submit to the Division an official letter stating that the project is 100% complete and ready for the Division’s Final Inspection of the project. 2)The Sub-Recipient shall provide a copy of the Notice of Commencement, and any local official Inspection Report and/or Final Approval, as applicable. 3)The Sub-Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards) satisfying protection requirements on all products utilized. 4)All installations shall be done in strict compliance with the Florida Building Code or Miami Dade Specifications. All materials shall be certified to meet or exceed the wind and impact standards of the current local codes. 5)Product Specifications documentation satisfying protection requirements for all products utilized shall be provided to the Division for closeout. 6)The Sub-Recipient shall follow all applicable State, Local and Federal Laws, Regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may jeopardize federal funding. Glazing in structures shall be impact resistant or protected with an impact resistant covering meeting the requirements of SSTD 12, ASTM E 1886 and ASTM E 1996, ANSI/DASMA 115 (for garage doors and rolling doors) or Miami-Dade TAS 201, 202 and 203 or AAMA 506 referenced therein as follows: a)Glazed openings located within 30 feet (9.1 m) of grade shall meet the requirements of the Large Missile Test. b)Glazed openings located more than 30 feet (9.1 m) above grade shall meet the provisions of the Small Missile Test. c)Louvers protecting intake and exhaust ventilation ducts not assumed to be open that are located within 30 feet (9144 mm) of grade shall meet requirements of the Large Missile Test. Impact-resistant coverings shall be tested at 1.5 times the design pressure (Positive or Negative) expressed in pounds per square feet as determined by the Florida Building Code, Building Section 1609, for which the specimen is to be tested. 7)The local municipal or county building department shall inspect the installation according to the manufacturer’s specification and ensure that the above referenced standards have been met; documentation shall be provided to the Division for closeout. 32 8) The materials and work funded pursuant to this Sub-grant Agreement are intended to decrease the vulnerability of the structure to property losses and are specifically not intended to provide for the safety of inhabitants before, during or after a natural or manmade disaster. 9) The funding provided by the Division under this subaward shall compensate for the materials, labor and fees for the hardening activities as a retrofit measure for the Sub-Recipient’s structures to reduce and/or mitigate the damage that might otherwise occur from severe weather or other hazards. The funding of this project by the Division does not confer or imply any warranty of use or suitability for the work performed pursuant to this agreement. The State of Florida disclaims all warranties with regard to this mitigation project, express or implied, including but not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a particular purpose, merchantability, or merchantable quality. 10) This project has not been evaluated by the criteria contained in the standards of the Department of Homeland Security, Federal Emergency Management Agency guidance manual FEMA 361-Design and Construction for Community Shelter, and thus does not provide “near absolute protection”. It is understood and agreed by the Division and the Sub-Recipient that the structure may have vulnerabilities due to age, design and location that may result in damage to the structure from wind events even after the installation of the mitigation measures funded under this Sub-grant Agreement. It is further understood and agreed by the Division and the Sub-Recipient that the level of wind protection provided by the mitigation action, although meeting State standards and codes and enhancing the structural integrity of the structure, does not ensure the safety or survival of occupants. D) Environmental: 1) The Sub-Recipient shall follow all applicable state, local and federal laws, regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. If project is delayed for a year or more after the date of the categorical exclusion (CATEX), then coordination with and project review by regulatory agencies must be redone. 2) Any change, addition or supplement to the approved mitigation measure or scope of work that alters the project (including other work not funded by FEMA, but done substantially at the same time) shall require resubmission to the Division and FEMA for revaluation of compliance with the National Environmental Protection Act (NEPA) and Section 106 of the National Historic Preservation Act (NHPA) prior to initiation of any work. Non-compliance with these requirements may jeopardize FEMA’s ability to fund this project. A change in the scope of work shall be approved by the Division and FEMA in advance regardless of the budget implications. 3) If any ground disturbance activities occur during construction, the Sub-Recipient shall monitor ground disturbance during construction, and if any potential archeological resources are discovered, shall immediately cease construction in that area and notify the Division and FEMA. 4) Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. E) Programmatic: 1) A change in the scope of work must be approved by the Division and FEMA in advance regardless of the budget implications. 2) The Sub-Recipient must notify the Division as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 3) The Sub-Recipient must “obtain prior written approval for any budget revision which would result in a need for additional funds” [44 CFR 13(c)], from the Division and FEMA. 33 4) Project is approved with the condition that the enclosed list of deliverables shall be submitted 30 days prior to the Period of Performance date, for review and approval by the Division, for submittal to FEMA for closeout. 5) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted along with substantiation of new expiration date and a new schedule of work to the Division, a minimum of seventy (70) days prior to the expiration date, for Division processing to FEMA. 6) The Sub-Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. 7) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. This is FEMA project number 4337-78-R. It is funded under HMGP, FEMA-4337-DR-FL and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4337 FEMA awarded this project on February 22, 2019: this Agreement shall begin upon execution by both parties, and the Period of Performance for this project shall end on June 30, 2021. F) FINANCIAL CONSEQUENCES: If the Sub-Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub-Recipient’s program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. SCHEDULE OF WORK State/Local Contracting Process: 3 Months Permitting: 3 Months Bidding and Contracting: 3 Months Construction / Installation: 12 Months State/Local Inspections: 2 Months Closeout: 1 Month Total Period of Performance: 24 Months 34 BUDGET Line Item Budget* Project Cost Federal Share Non-Federal Share Materials: $246,630.00 $184,972.50 $61,657.50 Labor: $5,000.00 $3,750.00 $1,250.00 Fees: $2,000.00 $1,500.00 $500.00 Initial Agreement Amount: $253,630.00 $190,222.50 $63,407.50 ***Contingency Funds: $0.00 $0.00 $0.00 Project Total: $253,630.00 $190,222.50 $63,407.50 *Any line item amount in this Budget may be increased or decreased 10% or less without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. *** This project has an estimated $0.00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part VI, D.3.4 – Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re-budgeted to another direct cost category and identified. Post-award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. Project Management costs are included for this project in the amount of $1,000.00 Funding Summary Federal Share: $190,222.50 (75%) Non-Federal Share: $63,407.50 (25%) Total Project Cost: $253,630.00 (100%) 35 Attachment B Program Statutes and Regulations The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally governed by the following statutes and regulations: (1)The Robert T. Stafford Disaster Relief and Emergency Assistance Act; (2)44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable FEMA policy memoranda and guidance documents; (3)State of Florida Administrative Plan for the Hazard Mitigation Grant Program; (4)Hazard Mitigation Assistance Guidance- February 27, 2015 Update; and (5)All applicable laws and regulations delineated in Attachment C of this Agreement. In addition to the above statutes and regulations, the Sub-recipient must comply with the following: The Sub-recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. The Sub-recipient shall not deviate from the approved project and the terms and conditions of this Agreement. The Sub-recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Sub-recipient and any land use permitted by or engaged in by the Sub-recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Sub-recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any Federal, State, or local environmental or land use permitting authority, where required. The Sub-recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards. The Sub-recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to HMGP as may be required. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then the Sub-recipient shall ensure that, as a condition of funding under this Agreement, the owner of the affected real property shall record in the public records of the county where it is located the following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from which a structure will be removed pursuant to the project. (1)The property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; 36 (2)No new structure will be erected on property other than: a.a public facility that is open on all sides and functionally related to a designed open space; b.a restroom; or (3)A structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure; (4)After the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and (5)If any of these covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44 CFR 206.438(b). The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP Sub-Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the NEPA process. As a reminder, the Sub-recipient must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments: (1)For Construction projects, the grantee must “obtain prior written approval for any budget revision which result in a need for additional funds” (44 CFR 13(c)); (2)A change in the Scope of Work must be approved by FEMA in advance regardless of the budget implications; and (3)The Sub-recipient must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower cost or earlier completion. Any extensions of the period of performance must be submitted to FEMA sixty days prior to the project expiration date. The Sub-recipient assures that it will comply with the following statutes and regulations to the extent applicable: (1)53 Federal Register 8034 (2)Federal Acquisition Regulations 31.2 (3)Section 1352, Title 31, US Code (4)Chapter 473, Florida Statutes (5)Chapter 215, Florida Statutes (6)Section 768.28, Florida Statutes (7)Chapter 119, Florida Statutes (8)Section 216.181(6), Florida Statutes (9)Cash Management Improvement Act of 1990 (10)American with Disabilities Act (11)Section 112.061, Florida Statutes (12)Immigration and Nationality Act (13)Section 286.011, Florida Statutes 37 (14) 2 CFR, Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (15) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act (18) Omnibus Crime Control and Safe Streets Act of 1968, as amended (19) Victims of Crime Act (as appropriate) (20) Section 504 of the Rehabilitation Act of 1973, as amended (21) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990) (22) Department of Justice regulations on disability discrimination, 28 CFR, Part 35 and Part 39 (23) 42 U.S.C. 5154a 38 Attachment C Statement of Assurances To the extent the following provisions apply to this Agreement, the Sub-recipient certifies that: (a)It possesses legal authority to enter into this Agreement and to carry out the proposed program; (b)Its governing body has duly adopted or passed as an official act of resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management (DEM), including all understandings and assurances contained in it, and directing and authorizing the Sub-recipient’s chief administrative officer or designee to act in connection with the application and to provide such additional information as may be required; (c)No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall receive any share or part of this Agreement or any benefit. No member, officer, or employee of the Sub-recipient or its designees or agents, no member of the governing body of the locality in which this program is situated, and no other public official of the locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in connection with the program assisted under this Agreement. The Sub-recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any interest pursuant to the purpose stated above; (d)All Sub-recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Sub-recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Sub-recipient. Any cost incurred after a notice of suspension or termination is received by the Sub-recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Division. All Sub-recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e)It will comply with: (1)Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2)Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. (f)It will comply with (1)Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Sub- recipient received Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Sub- recipient, this assurance shall obligate the Sub-recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is 39 used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2)Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualifies handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3)Executive Order 11246, as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship; (g)It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, Florida Statutes; (h)It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for “kickbacks” of wages in federally financed or assisted construction activities; (i)It will comply with the provisions of 18 U.S.C. 594, 598, 600-605 (further known as the Hatch Act) which limits the political activities of employees; (j)It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase “Federal financial assistance” includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; For sites located within Special Flood Hazard Areas (SFHA), the Sub-recipient must include a FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that certain SFHA requirements were satisfied on each of the properties. The Model Acknowledgement can be found at www.fema.gov/governmenta/grant/sfha_conditions.shtm (k)It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the “Uniform Federal Accessibility Standards,” (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR, Part 40 for residential structures. The Sub- recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (l)It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR, Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by: (1)Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR, Section 800.8) by the proposed activity; and 40 (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) Abiding by the terms and conditions of the “Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Division of Emergency Management and the Advisory Council on Historic Preservation, (PA)” which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470(f), and implementing regulations in 36 CFR, Part 800. (4) When any of the Sub-recipient’s projects funded under this Agreement may affect a historic property, as defined in 36 CFR, Part 800 (2)(e), the Federal Emergency Management Agency (FEMA) may require the Sub-recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior’s Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, the Sub-recipient agrees to participate in consultations to develop, and after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) The Sub-recipient agrees to notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation of footings and foundations, and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO’s opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise the Sub-recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery or archeological data from the property. If the Sub-recipient is unable to avoid the archeological property, develop, in consultation with SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication “Treatment of Archeological Properties”. The Sub-recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may direct the Sub-recipient to implement the treatment plan. If either the Council or the SHPO object, Sub-recipient shall not proceed with the project until the objection is resolved. (6) The Sub-recipient shall notify the Division and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify a HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. The Sub-recipient acknowledges that FEMA may require the Sub- recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. The Sub- recipient further acknowledges that FEMA may require the Sub-recipient to take all 41 reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. The Sub-recipient also acknowledges that FEMA will require, and the Sub-recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7)The Sub-recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, the Sub-recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse effect to occur. (m )It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681- 1683 and 1685-1686) which prohibits discrimination on the basis of sex; (n)It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (o)It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (p)It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C. 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (q)It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the State Energy Conservation Plan adopted pursuant thereto; (r)It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this Agreement; (s)It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.C 2000c and 42 U.S.C. 3601- 3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (t)It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; (u)It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626 (v)It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544; (w)It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; (x)It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (y)It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; (z)It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.; (aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- discrimination; 42 (bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources; (cc)It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs; (dd)It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; (ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; (gg) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and (hh) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-666. (ii)With respect to demolition activities, it will: (1)Create and make available documentation sufficient to demonstrate that the Sub- recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. (2)Return the property to its natural state as though no improvements had ever been contained thereon. (3)Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in the Sub-recipient’s jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. (4)Provide documentation of the inspection results for each structure to indicate: a.Safety Hazard Present b.Health Hazards Present c.Hazardous Materials Present (5)Provide supervision over contractors or employees employed by the Sub-recipient to remove asbestos and lead from demolished or otherwise applicable structures. (6)Leave the demolished site clean, level and free of debris. (7)Notify the Division promptly of any unusual existing condition which hampers the contractor’s work. (8)Obtain all required permits. (9)Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. (10)Comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 43 (11)Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR, Part 15 and 61). This clause shall be added to any subcontracts. (12)Provide documentation of public notices for demolition activities. 44 Attachment D DIVISION OF EMERGENCY MAN AGEMENT REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS SUB-RECIPIENT: City of Edgewater REMIT ADDRESS: CITY: STATE: ZIP CODE: PROJECT TYPE: Wind Retrofit PROJECT #: 4337-78-R PROGRAM: Hazard Mitigation Grant Program CONTRACT #: H0170 APPROVED BUDGET: FEDERAL SHARE: MATCH: ADVANCED RECEIVED: N/A AMOUNT: SETTLED? Invoice Period: To Payment #: Eligible Amount 100% Obligated Federal Amount Obligated Non- Federal Division Use Only (Current Request) __% __% Approved Comments TOTAL CURRENT REQUEST: $ By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812. SUB-RECIPIENT SIGNATURE: NAME / TITLE: DATE: TO BE COMPLETED BY THE DIVISION APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST $ GOVERNOR’S AUTHORIZED REPRESENTATIVE APPROVED FOR PAYMENT $ DATE 45 SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MTIGATION ASSISTANCE PROGRAM SUB-RECIPIENT: City of Edgewater PAYMENT #: PROJECT TYPE: Wind Retrofit PROJECT #: 4337-78-R PROGRAM: Hazard Mitigation Grant Program CONTRACT #: H0170 REF NO2 DATE3 DOCUMENTATION 4 (Check) AMOUNT ELIGIBLE COSTS (100%) 1 2 3 4 5 6 7 8 9 This payment represents % completion of the project. TOTAL 2 Recipient's internal reference number (e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule #) 3 Date of delivery of articles, completion of work or performance services. (per document) 4 List Documentation (Recipient's payroll, material out of recipient's stock, recipient owned equipment and name of vendor or contractor) by category (Materials, Labor, Fees) and line item in the approved project line item budget. Provide a brief description of the articles or services. List service dates per each invoice. 46 Attachment E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT: __City of Edgewater___________ If you are requesting an advance, indicate same by checking the box below. If you are requesting an advance, complete the following chart and line item justification below. PLEASE NOTE: Calculate your estimated expenses at 100% of your expected needs for 90 days. Submit Attachment D with the cost share breakdown along with Attachment E and all supporting documentation. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS (list applicable line items) 20___-20___ Anticipated Expenditures for First Three Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term as evidenced by copies of invoices and cancelled checks as required by the Budget and Scope of work showing 100% of expenditures for the 90 day period shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance. [ ] ADVANCE REQUESTED Advance payment of $ _____________ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. 47 Attachment F DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM QUARTERLY REPORT FORM Instructions: Complete and submit this form to the appropriate Project Manager within 15 days of each quarter’s end date. SUB-RECIPIENT: City of Edgewater PROJECT #: 4337-78-R PROJECT TYPE: Wind Retrofit CONTRACT #: H0170 PROGRAM: Hazard Mitigation Grant Program QUARTER ENDING: Advance Payment Information: Advance Received N/A Amount: $ Advance Settled? Yes No Provide reimbursement Projections for this project (projections may change): Jul-Sep 20__ $ Oct-Dec 20__ $ Jan-Mar 20__ $ Apr-Jun 20__ $ Target Dates: Contract Initiation Date: Contract Expiration Date: Estimated Project Completion Date: Project Proceeding on Schedule? Yes No (If No, please describe under Issues below) Percentage of Work Completed (may be confirmed by state inspectors): _____% Describe Milestones achieved during this quarter: Provide a Schedule for the remainder of work to project completion: (Milestones from Contract with estimated dates) Milestone Date Describe Issues or circumstances affecting completion date, milestones, scope of work, and/or cost: Cost Status: Cost Unchanged Under Budget Over Budget Additional Comments/Elaboration: NOTE: Division of Emergency Management (DEM) staff may perform interim inspections and/or audits at any time. Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work, etc. Please contact the Division as soon as these conditions become known, otherwise you may be found non-compliant with your sub grant award. Person Completing Form: Phone: ~ To be completed by Division staff ~ Date Reviewed: Reviewer: Actions: 48 Attachment G Warranties and Representations Financial Management The Sub-Recipient’s financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2 C.F.R. §§200.317 through 200.326). Business Hours The Sub-Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from: 8:00 AM - 5:00 PM, Monday Thru Friday, as applicable. Licensing and Permitting All subcontractors or employees hired by the Sub-Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub-Recipient. 49 Attachment H Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1)The prospective subcontractor,, of the Sub-Recipient certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2)Where the Sub-Recipient’s subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR By: City of Edgewater Signature Sub-Recipient’s Name H0170 Name and Title DEM Contract Number 4337-78-R Street Address FEMA Project Number City, State, Zip Date 50 Attachment I Federal Funding Accountability and Transparency Act Instructions and Worksheet PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on federal awards (federal assistance and expenditures) be made available to the public via a single, searchable website, which is http://www.usaspending.gov/. The FFATA Sub-award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management (“FDEM” or “Division”) must use to capture and report sub-award and executive compensation data regarding first-tier sub-awards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a) (2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5). Note: This “Instructions and Worksheet” is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent information below should be filled out, signed, and returned to the project manager. ORGANIZATION AND PROJECT INFORMATION The following information must be provided to the FDEM prior to the FDEM’s issuance of a sub- award (Agreement) that obligates $25,000 or more in federal funds as described above. Please provide the following information and return the signed form to the Division as requested. PROJECT #: 4337-78-R FUNDING AGENCY: Federal Emergency Management Agency AWARD AMOUNT: $190,222.50 OBLIGATION/ACTION DATE: February 22, 2019 SUBAWARD DATE (if applicable): DUNS#: 782080501 DUNS# +4: 51 *If your company or organization does not have a DUNS number, you will need to obtain one from Dun & Bradstreet at 866-705-5711 or use the web form (http://fedgov.dnb.com/webform). The process to request a DUNS number takes about ten minutes and is free of charge. BUSINESS NAME: City of Edgewater DBA NAME (IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRESS: 104 N. Riverside Drive ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY Edgewater STATE ZIP CODE+4** PARENT COMPANY DUNS# (if applicable): CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#): 97.039 DESCRIPTION OF PROJECT (Up to 4000 Characters) As a Hazard Mitigation Grant Program project, the City of Edgewater proposes to protect the YMCA facility located at 148 W. Turgot Avenue, Edgewater Florida 32132. GPS Coordinates 28.980619, - 80905602. The mitigation measure will involve a hurricane wind retrofit that includes the removal of existing exterior windows, doors and louvers at this facility, and the installation of hurricane rated windows, doors and louvers as specified. This proposal also includes the removal of the existing roof and the installation of a metal roof system in compliance with current Code. Wind protections shall be provided on any other opening such as vents, louvers and exhaust fans. All installations will be in strict compliance with the Florida Building Code or Miami Dade Specifications and all materials will be certified to meet wind and impact standards. The local municipal or county building department will inspect and certify installation according to the manufacture specification. The project shall provide protection against 150 MPH winds or the wind speed protection and impact requirements indicated by the effective Florida Building Code at the time permits are issued. PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: **Providing the Zip+4 ensures that the correct Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION: 1.In your business or organization’s previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal FL 32132-1716 52 financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 CFR 170.320; , (b) $25,000,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act? Yes No If the answer to Question 1 is “Yes,” continue to Question 2. If the answer to Question 1 is “No”, move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986? Yes No If the answer to Question 2 is “Yes,” move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at http//www.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 is “No” FFATA reporting is required. Provide the information required in the “TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR” appearing below to report the “Total Compensation” for the five (5) most highly compensated “Executives”, in rank order, in your organization. For purposes of this request, the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A: “Executive” is defined as “officers, managing partners, or other employees in management positions”. “Total Compensation” is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax-qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 53 TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion __________________) Rank (Highest to Lowest) Name (Last, First, MI) Title Total Compensation for Most Recently Completed Fiscal Year 1 2 3 4 5 THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS ACCURATE. SIGNATURE: NAME AND TITLE: DATE: Glenn A. Irby, City Manager 54 Attachment J Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub-recipient to include the required provisions. The Division provides the following list of sample provisions that may be required: 55 56 SE Volusia YMCA Facility, 148 W. Turgot Avenue Post Hurricane Irma Assessment November 6, 2017 Prepared for: City of Edgewater 104 N. Riverside Drive Edgewater, FL 32132 Prepared by: Dredging & Marine Consultants, LLC 4643 South Clyde Morris Blvd ‐ Unit 302 Port Orange, Florida 32129 SE Volusia YMCA Nov. 6, 2017 Post Hurricane Irma Assessment Page 2 OBSERVATIONS Dredging & Marine Consultants, LLC (DMC) is pleased to provide the City of Edgewater this Post Hurricane Irma Assessment report. The observations, photos and probable cost of damages provided in this report are from visual reconnaissance completed by DMC and City of Edgewater staff in order to assist our clients with providing an estimated cost of damage caused by Hurricane Irma. This assessment does not include any environmental assessments for the building interior or detailed structural evaluation and analysis. It is highly recommended that the City perform an environmental assessment of the interior of the facility to identify any potential health hazards caused by water intrusion. Additional engineering and testing may be necessary to perform repairs to structures and replacement of interior items such as carpeting and ceiling tiles. This report evaluated the area shown below in Figure 1. 1. Damage to carpets and ceiling tiles from water intrusion, due to roof damage, was found at numerous locations throughout the facility, including the infant’s care room, kitchen area, gym, equipment storage room for the gym, workout room and the facility director’s office. Carpeting shows some staining, but no mold odor was detected and clean‐up/remediation has been completed by outside contractors. The facility was constructed around 2000, and the roof has only had repairs since. Due to the extent of the water intrusion throughout the building and the age of the roof, replacement of the entire facility roof is recommended. 2. Water entered the main doors of the facility and ponded in the hallway; this appears to be wind‐borne water which entered through failed weather stripping for the doors. Weather stripping should be replaced. 3. Vinyl fencing for the facility dumpster pad was heavily damaged, but City crews picked up the parts and reconstructed the fence. It is recommended that a fencing contractor inspect this fence, and make recommendations for repairs. 4. Fencing for the swimming pool, which was heavily damaged by Hurricane Matthew in 2016, suffered further damage from Hurricane Irma. Per the facility director, a claim has already been submitted to FEMA for repair/replacement of this fence. Figure 1 – Aerial View of SE Volusia YMCA, 148 W. Turgot Avenue SE Volusia YMCA Nov. 6, 2017 Post Hurricane Irma Assessment Page 3 PHOTOGRAPHS Photo 1 – Water Intrusion at Entrance Doors. SE Volusia YMCA Nov. 6, 2017 Post Hurricane Irma Assessment Page 4 Photo 2 – Water Intrusion at Infant Care Room. Photo 3 – Ceiling Damage in Gym Storage Room. SE Volusia YMCA Nov. 6, 2017 Post Hurricane Irma Assessment Page 5 Photo 4 – Ceiling Tile Damage. Photo 5 – Water Staining of Carpet in Director’s Office. SE Volusia YMCA Nov. 6, 2017 Post Hurricane Irma Assessment Page 6 Photo 6 – Dumpster Pad Fencing (Since Repaired by City Crew). SE Volusia YMCA Nov. 6, 2017 Post Hurricane Irma Assessment Page 7 COST ESTIMATE ITEM # DESCRIPTION QTY UNIT PRICE/UNIT PRICE 1 Metal Roof Replacement (incl. Materials & Labor) 24,500 SF $ 7.50 $ 183,750.00 2 Environmental Assessment 1 LS $ 2,500.00 $ 4,500.00 3 Replace Carpeting 1. 280 SY $ 50.00 $ 14,000.00 2 Dumpster Pad Fencing & Gates 2. 50 LF $ 55.00 $ 2,750.00 3 Repair/Replace Damaged Ceiling and Wall Sections 1 LS $ 7,500.00 $ 5,000.00 SUBTOTAL $ 210,000.00 Contingency (15%) $ 31,500.00 TOTAL $ 241,500.00 LS= Lump Sum, SF= Square Foot 1. Assumption made that environmental assessment will recommend replacement of carpets for elimination of mold potential. 2. Price assumes complete replacement required. ITEM # DESCRIPTION QTY UNIT PRICE/UNIT PRICE1 Remove & Dispose Existing Doors, Windows and Louvers 1 LS 5,000.00$ 5,000.00$ 2 Metal Exterior Doors (Double, Fire & Wind Rated) 6 EA 2,000.00$ 12,000.00$ 3 Metal Exterior Doors (Single, Fire & Wind Rated) 3 EA 1,500.00$ 4,500.00$ 4 Entrance Door and Windows (Double, Glass, Wind Rated) 1 EA 5,000.00$ 4,000.00$ 5 Rear Door (Double, Glass, Wind Rated) 1 EA 2,500.00$ 2,500.00$ 6 Exterior Windows (Glass, Approx. 5' x 5', Wind Rated) 22 EA 300.00$ 6,600.00$ 7 Exterior Louvers (Wind Rated) 9 EA 500.00$ 4,500.00$ 39,100.00$ NOTE: Prices given above include materials and installation/construction costs. SE VOLUSIA YMCA HMGP GRANTLS= Lump Sum, EA= EachTOTALCost Estimate for Exterior Window, Door and Louver Replacement Page 1