R08-0641 RESOLUTION NO. R08- 06 f
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING THE CITY
5 MANAGER TO EXECUTE TASK ORDER NO. U08 -01 -04
6 WITH ARCADIS U.S., INC., TO MANAGE THE PROJECT
7 INCLUDING PERMITTING, BIDDING, AND
8 CONSTRUCTION OF REPLACEMENT RAW WATER
9 WELL, #12E IN THE AMOUNT OF $482,165.00; AND
10 PROVIDING AN EFFECTIVE DATE.
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13 WHEREAS, Well #12E is situated on the grounds of Forest Park Elementary School. In
14 order to minimize the risk of salt water intrusion, the Utility Department has been working to
15 shallow up a number of the deeper wells in the eastern well field; and
16 WHEREAS, the original well needs to be abandoned and replaced at a new location
17 some 100 feet to the south, but within the existing easement; and
18 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
19 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve
20 and authorize the execution of Task Order No. U08 -01 -04 with Arcadis U.S., Inc., to provide
21 management services related to the replacement of raw water well #12E in the amount of
22 $482,165.00.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
24 CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
29 approve and authorize the City Manager to execute Task Order No. U08 -01 -04 with Arcadis
S \CA\RESMAgreementffask - Change Orders\Arcadis - U08 -01 -04 (Well 12E) doc
U.S., Inc., to provide management services related to the replacement of raw water well #12E in
2 the amount of $482,165.00, a copy of which is attached hereto as Exhibit "A ".
3 Section 3. This Resolution shall become effective immediately upon passage.
4 PASSED AND ADOPTED this -;P day of May, 2008.
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23 ATTEST:
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26 anet M. Prainito C
Z City Clerk
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30 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
or — Je/y Tayfr
Vice , or se RQdri z
Commissioner — Ronald Weiland
Commissioner — Woodro L. Hay
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Commissioner — Marlene Ross
S \CA\RESOWgreements \Task - Change Orders\Arcadis - U08 -01 -04 (Well 12E) doc
TASK ORDER NO. U08 -01 -04
City of Boynton Beach East Water Treatment Plant
Construction of Replacement Well 12E.
A. Background
ARCADIS is pleased to submit this proposal for "design build" services in connection
with the replacement of Well 12 E at the City of Boynton Beach, East Water
Treatment Plant (WTP) Wellfield. The existing Well 12 E has been abandoned and the
City requires the well to be replaced in -kind as close to the same site as possible.
The well is located near the west boundary of the Forest Park Elementary School site.
It is important that all construction is completed before school commences. Therefore,
the City requires completion of all drilling, mechanical and civil construction work
prior to August 1, 2008. Authorization to proceed must be issued by May 20, 2008 to
meet this schedule. This timetable necessitates a "fast track" approach; therefore all
construction contracts are to be held and administered by ARCADIS.
Preliminary design discussion meetings have already been held, and initial selection of
a well construction subcontractor via a competitive proposal process has been
completed. The City has requested that all electrical and instrumentation services
associated with this replacement well be provided by DCR Engineering Services Inc.,
the City's preferred instrumentation contractor who is fully familiar with the wellfield.
ARCADIS will subcontract DCR Engineering Services.
ARCADIS shall perform the services as outlined below for the City of Boynton Beach,
hereinafter referred to as the City.
B. Scope of Services
ARCADIS understands that the project will include: design, construction and start-up
of a new well, mechanical piping, electrical and instrumentation, site work; solicitation
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of prices for work to be performed; liaison with the South Florida Water
Management District for permitting the replacement well; construction of well and
associated piping and surface devices.
The following items or activities shall be performed by ARCADIS and its team:
Task 1 — Design Services
Prepare preliminary plans and technical specifications for the proposed well. The
design shall include the following:
a. Replacement well with final cased and screened diameter of 16 inches outside
diameter to approximately 100 feet below land surface.
b. Piping and fittings from well head to raw water main including gate valve,
check valve, meter and tapping valve for 30 -inch diameter raw water main.
c. Surface equipment including 6 -foot fence with 8 -foot wide gate access on the
east side, concrete slab for piping, SCADA panel and electrical panel.
d. Electrical service from Well 14 E to Well 12 E.
e. Survey location for new Well 12 E.
Task 2 — Permitting Services
The siting of the replacement well and proposed well design modifications make
necessary the preparation and submittal of a letter modification to the South Florida
Water Management District.
ARCADIS will ensure the well construction subcontractor submits a well construction
permit application to the Palm Beach County Health Department (PBCHD), and will
act as the City's liaison with the permitting agencies during the permitting process.
Task 3 Construction Administration
ARCADIS will be responsible for construction administration for both construction
subcontracts and will provide the following services:
Pre - construction Medina, ARCADIS will hold one pre - construction conference with
both contractors present. ARCADIS will be responsible for preparing the agenda,
chairing and preparing minutes from the meeting. Attendance by the City's Project
Manager will be required to - ensure all City requirements are addressed. This meeting
will be the formal "kick -off' meeting for the project.
Bi- Monthl` Pro Meetin,s, ARCADIS will conduct joint bi- monthly progress
meetings with the awarded contractors, and the Citv's Project Manager to ensure the
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construction schedule is met and all issues that arise are dealt with in a timely
manner. ARCADIS will be responsible for preparing the agenda, chairing and
preparing minutes from the meetings.
Submittal Review. ARCADIS will review submittals from the subcontractors
including shop drawings, product data, schedules, and progress payments. ARCADIS
will distribute copies of all approved submittals to the City.
Pav Requests. ARCADIS will make payment directly to the Contractors. Copies of all
contractor payments made will be produced to support all monthly invoices made to
the City.
Requests for Information. ARCADIS will review and respond to Requests for
Information (RFI) and Clarification submitted by the Contractors.
Field and Chance Orders., ARCADIS will issue field change orders, requests for
quotation, work change directives, and change orders as needed throughout the project.
If Change Orders financially impact the project, ARCADIS will request a meeting with
the City to review contract modifications prior to approval. An owner - controlled
allowance is included under this task order to set against any additional costs.
Task 4 - Construction Observation Services
ARCADIS will provide all necessary construction oversight services required for both
construction subcontracts to ensure compliance with the specifications. Observation
services will be provided on an as- needed basis, ensuring all critical construction
activities are inspected. This will include the use of qualified field geologists to ensure
correct selection of well depth, screen and gravel pack design, well development and
testing so that we are confident that the optimum possible well yield with acceptable
sand concentrations is obtained from the replacement well.
Task 5 — Well Handover and Final Reports
Task 5a Proiect Close Out and Start -Un ARCADIS shall conduct project close -out
services including:
• Conducting substantial completion and final completion inspection and issuing
punch lists following each inspection.
• Reviewing final close -out change orders and payment requests from the
Contractor for agreement with the City.
• Obtaining final water quality (bacteriological) sampling in accordance with
PBCHD requirements.
• Conducting one walk - through inspection with City Utility staff prior to final
acceptance by the City.
Task 5b Final Report and O &M Manual., ARCADIS shall produce a final report
and basic O &M manual for the operation of the well. The final report shall be a
technical memo that summarizes well construction, geology, gravel and screen
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design, pumping test results, baseline well performance and water quality
results. As -built information provided by the subcontractors will be
incorporated into a final set of Record Drawings which will also form part of the
O &M manual.
C. Assumptions
The above scope is predicated on the assumption that the City shall furnish, at no cost
to ARCADIS, all available pertinent information including previous reports, plans,
specifications, permits and other data relevant to the performance of the above services
for the project. In addition, the City shall designate, in writing, a person to act as the
representative for services performed under this agreement. ARCADIS also assumes
the following:
The City will be responsible for providing a fully functional pump, re- trimmed
if necessary and ready for installation.
2. The City will be the liaison for access on the school property.
Adequate access is available for completion of all construction, including
required lay -down areas for drilling construction.
4. ARCADIS will be responsible for obtaining a well construction permit from
PBCHD (via the well contractor), a modification to the SFWMD water use
permit, and required electrical permits (via DCR Engineering). It is assumed
that general building department permits for the wellhead construction, fencing,
and associated piping are not required
5. The well is currently permitted for a depth of 100 feet bls.
D. Contract Reference
This Task Order shall be performed under the terms and conditions described within
the Agreement for General Engineering Consulting Services dated November 18,
2003, and amended with revised labor rates dated February 2008, between the City of
Boynton Beach and ARCADIS U.S., Inc.
E. Additional Services
An owner - controlled allowance of $50,000 has been provided to allow for any
additional work not covered by this task order. If additional services are required in
the performance of the above scope of services, which must be sublet, ARCADIS shall
order the work after obtaining written authorization from the City. If ARCADIS is
requested to subcontract any work directly, then a 10% markup will be applied to the
subcontractor invoice for risk and coordination services provided ARCAMS.
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F. Fees
ARCADIS Fees for the described tasks are summarized below. Lump -sum prices are
proposed. Actual construction sub - contract cost with a mark -up of 10% will be
applied to all construction sub - contracts to cover all costs associated with
administering these sub - contracts.
There are some variables in the construction of the well regarding the depth of the pilot
hole, depth of reamed hole, depth of outer casing, depth of inner casing, depth of
screening, the quantity of gravel required, additional development time, stand -by time,
and hours of step rate testing. A lump -sum contract with additive / deductive amounts
for these quantities is proposed. Due to this uncertainty, a construction contingency
sum for these unforeseen items is included within the owner - controlled allowance.
The fees for this work will be per task as follows:
Engineering Services I
Task 1 Design
Labor
Expense Total
— Services 1
Task 2 Permitting
$11,727
I $440 I $12,167
— Services j
Task 3 Construction
$4,760
I $110 I $4,870
— Administration 1
$11,910
I $385 $12,295
Task 4 — Construction Oversight j
$34,389
$2,365 $36,754
Task 5a — Project Close -out and Start-Up I
$8,994
$385 $9,379
Task 5b — Final Report and O &M Manual
$11,051
I $550 I $11,601
Engineer Sub -Total I
I I $87,066
Well Construction Sub - Contract I
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I $251,900
Electrical I &C Sub - Contract I
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I $93,198
Construction Sub -Total I
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I $345,098
Construction and Engineer Sub -Total I
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$432,165
Owner - controlled allowance I
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I $50,000
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TOTAL j
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I $482,165
H. Schedule
ARCADIS will begin work immediately following receipt of the notice to proceed. A
project schedule will be delivered by the project team and submitted to the City within
10 days of NTP. The schedule will be prepared with the target completion date of 1
August 2008 for completion of all well construction.
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APPROVED BY:
CITY OF BOYNTON BEACH
By: " r -- -
Kurt Bressner, City Manager
Dated this day of 2008
SUBMITTED BY:
ARCADIS U.S., INC.
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Thomas L. Tessier, P.G., Vice President
Dated this I st day of Mav .2008
By:
Thomas C. Je en, P.E , Associate Vice President
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Dated this 4 ay of PAAY 2008
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CITY CLERK'S OFFICE
MEMORANDUM
TO:
FROM:
DATE:
RE:
Barb Conboy
Utilities Manager
Janet M. Prainito
City Clerk
May 23, 2008
R08 -064 Task Order No. U08 -1 -04 City of Boynton Beach East
Water Treatment Plant Construction of Replacement Well 12E
Attached for your information and files is a copy of the Resolution and a copy of the
fully executed agreement mentioned above.
Please contact me if there are any questions. Thank you.
Attachments
cc: Central File
S \CC \WP\AFTER COMM ISS ION\Departmental Transmittals\2008 \Barb Conboy - R08 -064 doc
D EngIneeling C�r
Services, inc.
April 21, 2008
Mr. Jay Ameno
Associate VP
Arcadis G &M, Inc.
2081 Vista Parkway
West Palm Beach, FL 33411
Re: Boynton Beach Well 12E Relocation
Mr. Ameno:
P.O. Box 935
502 County Road 640 East
Mulberry, Florida 33860
Telephone 863.428.8080
Fax 863.428.8036
Please accept this proposal per our discussions and walkthrough for the City of Boynton Beach Well
12E relocation. We have included all design, engineering, submittals, manufacturing, installation,
RTU programming, Central programming, HMI programming, software licensing, instrument
calibration, startup and acceptance testing. RTUs include radio programming, setup and calibrated
installed antennas. We have included the following:
1. Installation of an in ground junction box 15' - 20' north of the old well on the existing feeder
conduit.
2. Furnish and install a 2" PVC conduits underground with GRS elbows from the new junction
box to the new well location.
3. Remove the existing conductors from the existing feeder conduit from well 14E.
4. Furnish and install new copper conductors w/ ground between the new well 12E and well
14E.
5. Furnish and install a new well pump control panel
a. Up to 30HP, 484VAC, 22KAIC, 100A, UL Rated Simplex Pump Control Panel
b. Main Disconnecting breaker
c. Soft starter with bypass contactor
d. 1500VA Control Transformer
e. Integrated Remote Telemetry Unit
f. Antenna and infrastructure
g. Convenience Receptacle and Lighting switch
h. Surge suppression
6. Furnish a 8" magnetic flow meter for installation by others
7. Furnish and install a 100 watt lighting fixture
8. Installation of motor, lighting and instrument conduits and wiring.
9. Well pump motor terminations
10. Furnish and install a new ground grid; bonding of equipment and fencing.
We have included delivered equipment, installation, startup and checkout services. We expect 6 -8
weeks for completion.
AD
V9R
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Mardi 18, 2008
The total price for these professional services is $83,887.00. Applicable sales tax is included in this
price. We have not included any finance charges in our pricing; if retainage is required, please add
I% to the pricing above. Terms are 85% upon installation, 15% upon acceptance by the City.
Thank you for the opportunity to provide you with this proposal. We look forward to working with you
on this project. As always, feel free to contact me if you have any questions.
Regards,
Kevin Mathes
SCADA Manager
DCR Engineering Services, Inc.
(863) 581 -4902
MIMOSCAD'"
INSTRUCTIONS TO PROPOSERS
DEFINED TERMS
Terms used in these Instructions to Proposers which are defined in the General Conditions of the contract
have the meanings assigned to them in the General Conditions. The term "PROPOSER" means one who
submits a proposal directly to the ENGINEER (ARCADIS U.S., Inc.), as distinct from a "subcontractor ",
who submits a Proposal to a PROPOSER. The term "Successful Proposer" means the qualified,
responsible PROPOSER to whom ENGINEER (on the basis of the ENGINEER'S evaluation as
hereinafter provided) makes an award. The term "Proposal Documents" includes the Request for
Proposal, Instructions to Proposers, the Proposal Form, Specifications, Construction Detail (well drawing),
General Conditions and the Contract Documents (including all Addenda issued prior to receipt of
Proposal).
2. COPIES OF PROPOSAL DOCUMENTS
2.1. Complete sets of the Proposal Documents stated in the Request for Proposal may be obtained
from the ENGINEER and may be viewed at offices of the ENGINEER.
2.2. Complete sets of Proposal Documents shall be used in preparing Proposals; neither OWNER
(City of Boynton Beach Utilities Department) nor ENGINEER assumes any responsibility for errors or
misinterpretations resulting from the use of incomplete sets of Proposal Documents.
2.3. The ENGINEER in making copies of Proposal Documents available on the above terms does so
only for the purpose of obtaining Proposals on the Work and does not confer a license or grant any other
use.
3. OUALIFICATIONS OF PROPOSERS
Contractors proposing the work shall demonstrate that they have satisfactorily complete at least three
similar projects within the previous 2 years and shall in their Proposals (and upon request of ENGINEER
provide letters from) Public Entity Owners and/or Engineers who can verify the Contractor's performance.
Letters shall include the project scope, Contract amount, date of notice to proceed, date of project final
completion, number and amount of change orders and magnitude of assessed liquidated damages, if
applicable. Letters shall be similar to that provided in the Proposal Form. Failure to identify these
references will be cause for rejection. The ENGINEER will review said letters, references and
qualifications and may reject any Proposal if these qualifications and references do not adequately support
the Contractor and, if, in the opinion of ENGINEER or OWNER, that it is in the OWNER's best interest
to reject said proposal.
Each PROPOSER shall provide documentation in the Proposal submittal to demonstrate qualifications to
perform the Work, each PROPOSER must be prepared to submit, within five (5) days of ENGINEER's
request, written evidence of the types set forth in the General Conditions, such as financial data, previous
experience and evidence of authority to conduct business in the jurisdiction where the Project is located.
Each Proposal must contain evidence of PROPOSER's qualification to do business in the State of Florida
or covenant to obtain such qualification prior to award of the contract.
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 or proposal on a contract to provide any goods or services to a public
entity, may not submit a bid or proposal on a contract with public entity for the construction or repair of a
public building or a public work, may not submit bids or proposals 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 public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months
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from the date of being placed on the convicted vendor list.
EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1 Before submitting a Proposal, each PROPOSER must (a) examine the Contract Documents
thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost,
progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances,
rules and regulations that may in any manner affect cost, progress or performance of the Work; (d) contact
local governments and agencies where the Work is to take place to determine if there are any applicable
permits, licenses, fees or other requirements; and (e) study and carefully correlate PROPOSER's
observations with the Contract Documents. The failure to be familiar with applicable laws will in no way
relieve PROPOSER from responsibility with this provision.
4.2. Reference is made to the general requirements of the Specifications for the identification of those
reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise
affecting cost, progress or performance of the Work which have been relied upon by ENGINEER in
preparing the Drawings and Specifications, ENGINEER will make copies of such reports available to any
PROPOSER requesting them. These reports are not guaranteed as to accuracy or completeness, nor are
they part of the Contract Documents. Before submitting his Proposal, each PROPOSER will, at his own
expense, make such additional investigations and tests as the PROPOSER may deem necessary to
determine his Proposal for performance of the Work in accordance with the time, price and other terms
and conditions of the Contract Documents.
4.3. On request in advance, OWNER will provide each PROPOSER access to the site to conduct such
explorations, investigations and tests as each PROPOSER deems necessary for submission of his Proposal.
PROPOSER shall fill all holes, clean up and restore the site to the former condition upon completion of
such explorations. PROPOSER shall indemnify, protect, save and hold harmless ENGINEER and
OWNER, and any and all of ENGINEER's and OWNER's respective directors, officers, employees and
agents from and against all liabilities, obligations, claims, damages, costs and expenses, including, but not
limited to, court costs, expert witness fees and attorneys' fees and expenses incurred pursuant to any such
explorations, investigations and tests conducted by the PROPOSER and any and all of its agents and
employees.
4.4. The submission of a Proposal will constitute an incontrovertible representation by the
PROPOSER that he has complied with every requirement of this Article 4 and that the Contract
Documents are sufficient in scope and detail to indicate and convey understanding of all terms and
conditions for performance of the Work.
5. INTERPRETATIONS
All questions about the meaning or intent of the Contract Documents shall be submitted to ENGINEER in
writing. Replies will be issued by Addenda via mail, e-mail or delivered to all parties recorded by
ENGINEER as having received the Proposal Documents. Questions received less than twenty -four (24)
hours prior to the date for opening of Proposals will not be answered. Only questions answered by formal
written Addenda will be binding. Oral and other interpretations or clarifications will be without legal
effect.
6. BID SECURITY
6.1. No Bid Bond is required.
6.2. The Successful PROPOSER shall famish the required Certificate of Insurance within fifteen (15)
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days after the Notice of Award.
CONTRACT TIME
The date by which the Work is to be completed is set forth in the Proposal Form and will be included in
the Agreement.
8. LIQUIDATED DAMAGES
PROPOSER is advised to consider the provisions of the Agreement as to liquidated damages in the event
of failure to complete the Work on time.
9. SUBSTITUTE MATERIAL AND EQUIPMENT
The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or
specified in the Specifications without consideration of possible substitute or "equivalent or- equal" items,
unless included in an Addendum (or Addenda). Whenever it is indicated in the Drawings or identified in
the Specifications that a substitute "equivalent or- equal" item of material or equipment may be furnished or
used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be
considered by ENGINEER until after the "effective date of the Agreement ". The procedure of submittal
of any such application by CONTRACTOR and consideration by ENGINEER is set forth in paragraphs
6.7.1, 6.7.2 and 6.7.3 of the General Conditions.
10. SUBCONTRACTORS, ETC.
10.1. If the General Conditions require the identity of certain Subcontractors and other persons and
organizations to be submitted to OWNER in advance of the Notice of Award, the apparent Successful
PROPOSER, and any other PROPOSER so requested, will within seven (7) days after the day of the
Proposal opening submit to OWNER a list of all Subcontractors and other persons and organizations
(including those who are to furnish the principal items of material and equipment) proposed for those
portions of the Work as to which such identification is so required.
10.2. No CONTRACTOR shall be required to employ any Subcontractor, other person or organization
against whom he has reasonable objection.
11. PROPOSAL FORM
11.1. The Proposal Form is attached hereto; additional copies may be obtained from the ENGINEER.
11.2. The Proposal Form must be completed legibly in ink or by typewriter.
11.3. Proposals by corporations must be executed in the corporate name by the president or a vice -
president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal
must be affixed and attested by the secretary or any assistant secretary. The corporate address and state of
incorporation shall be shown below the signature.
11.4. Proposals by partnerships must be executed in the partnership name and signed by a partner,
whose title must appear under the signature and the official address of the partnership must be shown
below the signature.
11.5. All names must be typed or printed below the signature.
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11.6. The Proposal shall contain an acknowledgement of receipt of all Addenda (the numbers of which
shall be filled in on the Proposal Form).
11.7. The address to which communications regarding the Proposal are to be directed must be shown.
12. PROPOSALS TO REMAIN OPEN
All Proposals shall remain open for ninety (90) days after the day of Proposal opening, but OWNER may,
in his sole discretion, release any Proposal prior to that date.
13. AWARD OF CONTRACT
13.1. The ENGINEER reserves the right to reject any or all Proposals, in whole or in part, with or
without cause, to waive technical errors and informalities, or to accept the Proposal which in its judgment
will best serve the public interest. The ENGINEER reserves the right to negotiate contract terms with the
Successful PROPOSER. Discrepancies between words and figures will be resolved in favor of words.
Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be
resolved in favor of the correct sum.
13.2. In evaluating Proposals, ENGINEER shall consider the qualifications of the PROPOSERS and,
whether or not the Proposals comply with all of the requirements. It is the of the OWNER and
ENGINEER to accept Alternate Proposal Items (if any are accepted) in the order in which they are listed
in the Proposal form but they may be accepted in any order or combination.
13.3. The ENGINEER may consider the qualifications and experience of Subcontractors and other
persons and organizations (including those who are to furnish the principal items of material or equipment)
proposed for those portions of the Work as to which the identity of Subcontractors and other persons and
organizations must be submitted as provided in the General Conditions or Specifications. Operating costs,
maintenance considerations, performance data and guarantees of materials and equipment may also be
considered by the ENGINEER.
13.4. The ENGINEER may conduct such investigations as he deems necessary to assist in the
evaluation of any Proposal and to establish the responsibility, qualifications and financial ability of the
PROPOSERS, proposed Subcontractors and other persons or organizations to do the Work in accordance
with the Contract Documents of ENGINEER's satisfaction within the prescribed time.
13.5. The ENGINEER reserve the right to reject the Proposal of any PROPOSER who does not pass
any such evaluation to OWNER's or ENGINEER's satisfaction.
13.6. If the contract is to be awarded, it will be awarded to the PROPOSER whose evaluation by the
ENGINEER indicates that the award will be in the best interests of the Project and the award will not
necessarily be the apparent low PROPOSER.
13.7. If the contract is to be awarded, the ENGINEER will give the Successful PROPOSER a Notice of
Award within nine (90) days after the day of the Proposal opening.
14. PUBLIC CONSTRUCTION BOND
If required by the ENGINEER or OWNER, the Successful PROPOSER shall file with the ENGINEER a
Public Construction Bond in the full amount of the Contract price in accordance with the requirements of
Florida Statutes 255.05, as amended, as security for the faithful performance of the Contract and the
payment of all persons supplying labor and materials for the construction of the work, and to cover all
guarantees against defective workmanship or materials, or both, during the warranty period following the
date of final acceptance of the work by the OWNER. The Surety furnishing this bond shall have a sound
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financial standing and a record of service satisfactory to the OWNER, and shall be authorized to do
business in the State of Florida. The Surety must also be an entity included in the most recent United
States Department of Treasury list of acceptable sureties. Surety provider will be required to utilize the
bond form contained in this Proposal package.
15. CERTIFICATE OF INSURANCE
The successful PROPOSER shall file with the Owner a properly executed Certificate of Insurance
demonstrating total compliance with Article 5 of the General Conditions.
16. SIGNING OF AGREEMENT
When ENGINEER gives a Notice of Award to the Successful PROPOSER, it will be accompanied by at
least four (4) unsigned counterparts of the Agreement and all other Contract Documents. Within fifteen
(15) days thereafter, CONTRACTOR shall sign and deliver at least four (4) counterparts of the Agreement
to ENGINEER with all other Contract documents attached.
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PROPOSAL FORM
PROPOSER:
PROJECT: Boynton Beach Replacement Well 12E (I 2E-R)
DATE:
THIS PROPOSAL IS SUBMITTED TO: ARCADIS U. S., Inc.
2081 Vista Parkway, #200
West Palm Beach, FL 33411
1. The undersigned PROPOSER proposes and agrees, if this Proposal is accepted, to enter into an
Agreement with the ENGINEER in the form included in the Contract Documents to perform and furnish all Work as
specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this
Proposal and in accordance with the other terms and conditions of the Contract Documents.
2. PROPOSER accepts all of the terns and conditions of the Invitation to Propose and Instructions to
PROPOSERS. The Proposal will remain open for ninety (90) days after the day of Proposal opening. PROPOSER will
sign and submit the Agreement with Bonds and other documents required by the Proposal requirements within fifteen
(15) days after the date of ENGINEER's Notice of Award.
In submitting this Proposal, PROPOSER represents, as more fully set forth in the Agreement, that:
a. PROPOSER has examined copies of the Invitation to Propose, Instructions to Proposers, all
the Contract Documents and the following addenda (receipt of all which is hereby acknowledged):
DATE ADDENDUM NUMBER
b. PROPOSER has examined the Contract Documents, the site and locality where the Work is
to be performed, the legal requirements (Federal, State and Local laws, ordinances, rules and regulations) and the
conditions affecting cost, progress or performance of the Work and has made such independent investigations as
PROPOSER deems necessary.
C. PROPOSER has contacted local governments and agencies where the Work is to take place
and determined all required permits, licenses and fees.
d. PROPOSER has obtained and reviewed all such examinations, investigations, explorations,
tests and studies which pertain to the subsurface or physical conditions at the site or otherwise, and which may affect
the cost, progress, performance or furnishing of the Work as PROPOSER considers necessary for the performance or
furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and
an
conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions;
and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be
required by PROPOSER for such purposes.
e. PROPOSER has reviewed and checked all information and data shown or indicated in the
Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes
responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations,
explorations, tests, reports or similar information or data with respect of said Underground Facilities are or will be
required by PROPOSER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of
paragraph 4.3.1 of the General Conditions.
f. PROPOSER has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
g. PROPOSER has given ENGINEER written notice of all conflicts, errors or discrepancies that
it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to
PROPOSER.
h. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association,
organization or corporation; PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to
submit a false or sham Proposal; PROPOSER has not solicited or induced any person, firm or corporation to refrain from
proposing; and PROPOSER has not sought by collusion to obtain for itself any advantage over any other PROPOSER or
over ENGINEER or OWNER.
4. a. PROPOSER agrees to perform all the Work described in the Contract Documents, subject to
adjustments as provided therein, for the Prices PROPOSER provided on the Price Schedule attached hereto as Schedule
A.
b. If the Work is to be performed on a "unit price" basis, PROPOSER understands and agrees
that the unit quantities shown on the Proposal Form Unit Price Schedule are approximate only, not guarantees and are
subject to either increase or decrease; that should the quantities of any of the items of Work be increased, PROPOSER
will perform the additional Work at the unit prices set out herein; that should the quantities be decreased, final payment
shall be made on actual quantities completed at the unit prices; that it will make no claims for anticipated profits for any
decrease in the quantities; that final quantities installed shall be determined by the ENGINEER upon completion of the
Work; and that OWNER or ENGINEER may elect to construct only a portion of the Work covered by the Contract
Documents and in such event, PROPOSER will perform that portion of the Work for which PROPOSER is awarded a
Contract at the unit prices quoted herein.
5. a. By executing the Contract, PROPOSER agrees that the Work will be complete by August 1,
2008.
b. PROPOSER accepts the provisions of the Agreement regarding liquidated damages in the
event of failure to complete the Work on time.
6. The following documents are attached to and made a condition of this Proposal:
• Price Schedule, Schedule of Subcontractors,
• Schedule of Suppliers, Equipment and Materials,
• Debarred Firms Form,
• and Questionnaire Sheet.
BF -2
7. The terms used in this Proposal which are defined in the General Conditions included as part of the
Contract Documents have the meanings ascribed to them in the General Conditions,
PROPOSER's Florida Contractor's License Number is
9. PROPOSER covenants that it is qualified to do business in the State of Florida and has attached
evidence of PROPOSER's qualification to do business in the State of Florida.
10. The prices contained in the Proposal shall include all costs necessary to provide the Work described in
the Contract Documents, including, but not limited to, labor, materials, equipment, overhead, profit and insurance.
PROPOSER understands that the ENGINEER reserves the right to reject any or all Proposals in whole or in part, with or
without cause, to waive any technical errors and informalities or to accept the Proposal which in its judgement best serves
the interest of the OWNER.
PROPOSER agrees that this Proposal shall be good and may not be withdrawn for a period of ninety (90) calendar days
after the scheduled closing time for receiving Proposals.
Upon receipt of Notice of Award, PROPOSER will execute the formal contract attached and deliver it with a Public
Construction Bond (if required) and a Certificate of Insurance evidencing conformance with the contract requirements as
required by Article 5 of the General Conditions within fifteen (15) days. The Proposal Security shall become the
property of OWNER in the event the executed Contract, Public Construction Bond and Certificate of Insurance are not
delivered within the time above set forth, as liquidated damages for delay and any additional expenses to OWNER
caused thereby.
By submission of this Proposal, each PROPOSER certifies, and in the case of a joint Proposal each party thereto certifies
as to his own organization, that this Proposal has been arrived at independently, without consultation, communication or
agreement as to any matter relating to this Proposal with any other Proposer or with any competition.
BF -3
If PROPOSER is:
AN INDIVIDUAL
By
(SEAL) (Individual's Name)
doing business as
Business address:
Phone No.
A PARTNERSHIP
(SEAL) (Partnership Name)
By
(General Partner)
Business address:
Phone No.
I:T01IT1,1 011 ".Komi
(Corporation Name)
(CORPORATE SEAL)
Attest
Business address:
Phone No.
(State of Incorporation)
(Name of Person Authorized to Sign)
(Title)
(Secretary)
BF -4
A JOINT VENTURE
E MI
Phone No.
By
Phone No.
(Joint Venture Name)
(Name)
(Address)
(Name)
(Address)
(Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to
the joint venture should be in the manner indicated above).
BF -5
LIST OF SUBCONTRACTORS
List each subcontractor to be used on the Project.
1. Name of Firm
Address
Work to be Performed
2. Name of Firm
Address
Work to be Performed
3. Name of Firm
Address
Work to be Performed
4. Name of Firm
Address
Work to be Performed
5. Name of Firm
Address
Work to be Performed
6. Name of Firm
Address
Work to be Performed
7. Name of Firm
Address
Work to be Performed
Failure to complete the above form shall be sufficient cause for Proposal rejection.
BF -6
SCHEDULE OF SUPPLIERS, EQUIPMENT AND MATERIALS
List Suppliers and Manufacturers to be used on the Project
DESCRIPTION MODEL SUPPLIER MANUFACTURER MODEL
Failure to utilize suppliers, equipment and manufacturers listed in the Technical Specifications shall be cause for
Proposal rejection
BF -7
DEBARRED FIRMS
The undersigned hereby certifies that the firm of
has not and will not award a subcontract, in connection with any contract awarded to it as the result of this Proposal, to
any firm that has been debarred for non - compliance with the Federal Labor Standards, Title VI of the Civil Rights Act of
1964, Executive Order 11246 as amended or any other Federal Law.
Name of Firm Submitting Proposal
Signature of Authorized Official
Title
Date
KIM.
QUESTIONNAIRE SHEET
The undersigned guarantees the truth and accuracy of all statements and answers herein contained. Incomplete,
inadequate or false questionnaire sheets may be cause for Proposal rejection.
How many years has your organization been in business as a general contractor?
2. What are the last three projects of this nature that you have completed?
3. Have you ever failed to complete work awarded to you; if so, where and why?
4. The following are named as three corporations or Individuals with telephone numbers and addresses for which
you have performed work in Palm Beach County and to which you refer:
5. Have your employees or agents personally inspected the proposed work?
6. Has your organization prepared a complete plan for its performance of this project? Please explain.
7. Name the on -site project superintendent you will utilize for this job and that person's qualifications including
years directly employed by PROPOSER. Name three corporations or individuals (telephone numbers and
address) who will verify this superintendent's experience with similar projects.
BF -9
8. The following is given as a summary of the Financial Statement of the undersigned. (List assets and liabilities
and use insert sheet if necessary.)
9. State the true, exact, correct and complete name of the partnership, corporation, or trade name under which you
do business, and the address of the place of business. (If a corporation, state the name of the President and
Secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals
who do business under the trade name.) It is absolutely necessary that this information be furnished.
a. The correct name of PROPOSER is
b. The business is a
C. The address or principal place of business is:
d. The names of the corporate officers, or partners, or individuals doing business under a trade name are as
follows:
Name Title
Name Title
Name Title
Name Title
PROPOSER
SCHEDULE A - UNIT PRICE CONTRACT
PROPOSER will complete the Work for the following unit price(s):
ITEM ESTIMATED UNIT EXTENDED
NO. DESCRIPTION QUANTITIES UNIT PRICE AMOUNT
1. Provide all equipment, materials and l Ea.
labor necessary to install, test and make
operational Replacement Well 12E,
including the well pad, wellhead and
appurtenances, pump installation,
meter, piping and pipe supports, tap to
30 -inch raw water main, fencing,
landscaping, restoration, and
coordination with electrical & control
contractor HT/DcR, all according to the
Specifications
2. Mobilization (65 1 /6) / Demobilization 1 LS
(35 %)
Depth and material quantities are approximate.
TOTAL $
Total in words:
ADJUSTMENTS:
For more or less than 140 feet of pilot hole $ /ft
For more or less than 90 feet of reamed hole and installed outer casing $ /ft
For more or less than 90 feet of installed inner casing $ /ft
For more or less than 45 feet of reamed hole and installed (40 feet of ) gravel- packed well
screen and (an additional 5 feet of zero -slot, `tightwind') sump $ /ft
For additional development time (greater than 100 hours) if directed by the Engineer
$ /hr
For standby time if directed by the Engineer
$ /hr
For day rate for rig time if directed by the Engineer
$ /day
For more or less than 4 hours of step -rate testing and 8 hours of constant -rate testing (not $ /hr
including recovery time after each test)
Prices shall remain valid for 90 days.
BF -11
In order to complete the Work by August 1, 2008 and assuming that Work can be performed only during weekdays
during daylight hours, we need to receive notice to proceed by (insert date) and be allowed to
mobilize to the site by (insert date).
In order to complete the Work by August 1, 2008 and assuming that Work can be performed only during weekdays
during daylight hours, we need to receive notice to proceed by (insert date) and be allowed to
mobilize to the site by (insert date).
Firm:
Signed:
Print:
BF -12
Boynton Beach Replacement Well 12E
SECTION 11200
SPECIFICATIONS FOR REPLACEMENT OF
PRODUCTION WELL 12E
BOYNTON BEACH, FLORIDA
PART 1 - GENERAL
1.01 SCOPE OF WORK
A. Furnish all labor, equipment and material required for the replacement of one (1)
gravel - packed, screened, potable water supply wells as shown in the construction
drawings and specified herein as water supply Production Well (PW -) 12E -R
(Replacement). Furnish all labor, material and equipment required to develop
and disinfect (treat) Well 12E -R. All labor, material, equipment and operations
included in this section shall be in accordance with American Water Works
Association (AWWA) Standards for Deep Wells (AWWA A100 -90 or most
recent revision) which the present specifications supplement or modify to fit the
particular need or conditions to be encountered in the proposed work. Work
shall also conform to Florida Department of Environmental Protection (FDEP)
Chapters 62 -531, 62 -532, 62 -550, 62 -555 and 62 -560 of the Florida
Administrative Code (F.A.C.) and all other applicable regulations. Base bid
shall be based on the estimated data given hereinafter.
B. Replacement Production Well 12E -R shall be constructed after existing Well
12E has been properly abandoned by the City of Boynton Beach
C. Furnish all labor, equipment and materials required for providing the new well
concrete slab, pump support pedestal and pipe supports.
D. Provide labor, equipment and necessary materials for installation of the well
pump, meter, valves, gauges, column pipe, fittings, painting, restoration, site
fencing and all incidentals to complete the work as required.
E. Furnish all labor, equipment and materials to connect above - ground piping
assembly for the new well to the existing raw water main using an 8 -inch by 30-
inch wet tap.
F. Provide all labor, materials and equipment necessary to provide the required
testing and start-up as specified herein and in the Contract Drawings.
G. All site work including wellhead completion, electrical installation and
bacteriological testing shall be completed by August 1, 2008.
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1.02 PERMITS
A. Upon notice of award, the Contractor shall immediately apply for all
construction permits required to drill the water supply well from the South
Florida Water Management District. No drilling operations shall be commenced
until these permits have been obtained. Contractor also shall be responsible for
securing proper occupational licenses and /or permits. The Contractor shall
submit copies of the permits to the Owner and Engineer prior to commencement
of drilling. The Contractor shall be solely responsible for all costs, time delays
and expenses to obtain all permits, certificates and licenses necessary.
1.03 GENERAL
A. The Contractor shall satisfy himself regarding all local conditions affecting his
work by personal investigation and neither the information on local geology, nor
that derived from maps or plans, nor from any other parties shall act to relieve
the Contractor of any responsibility of the Contract and Technical Specifications.
B. The Contractor shall cooperate with the Owner and public and private utility
companies in keeping their respective services and facilities in operation. The
Contractor shall repair damaged utilities to the satisfaction of the utility owner.
C. The Contractor shall not interrupt existing utilities service or facilities occupied
and used by the Owner or others, except when permitted in writing by the
Engineer and then only after acceptable temporary utility services have been
provided. The Contractor shall locate existing underground utilities in the areas
of work. If utilities are to remain in place, the Contractor shall provide adequate
means of protecting them during excavation operations.
Should uncharted or incorrectly charted piping or other utilities be encountered
during excavation, the Contractor shall consult the utility owner immediately for
directions.
D. Preparation: Contractor shall provide suitable preparations at the site for
drainage and disposal of water. Contractor shall collect and dispose of drilling
mud and drill cuttings offsite in conformance with existing state and local
regulations.
E. Type of Well: The replacement well shall be provided with a 16 -inch outside
diameter (O. D.) inner casing (artificially gravel packed and screened) and
provided with 24 -inch minimum O. D. outer casing as shown on the drawings,
and as determined by geophysical logging. The Contractor shall have drilling
methods approved by Engineer prior to construction. Since drilling will take
place in an active wellfield and lost circulation zones are very possible, mud -
rotary drilling of the reamed hole to emplace the screen and gravel pack should
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be avoided. Should it be necessary to utilize mud -rotary drilling through the
production zone, the drilling mud should be maintained as thin as possible. The
screen and gravel pack should be set in the well and the drilling mud removed
from the borehole immediately upon completion of the drilling of the production
zone.
F. Well Location: The replacement water supply well shall be located near the
existing production well site as shown on the Drawings. The City will survey
and stake the well location.
G. Well Depth: The depth of the production well shall be determined by the
Engineer following the completion of a pilot hole and shall not go beyond the
estimated depth (165 feet) or the final depth of the pilot hole unless mutually
agreed upon by the Owner/Engineer and the Contractor. The pilot hole and
production well shall be drilled to the potential production zone of the favorable
material for water supply as determined by the Engineer.
H. Bore: The diameter of the borehole shall be drilled large enough to receive the
size of the casing and comply with grouting requirements and regulations. The
pilot hole drill bit should not be less than 6 inches nor exceed an 8 3 /4 -inch
diameter. The drill hole shall be drilled straight and plumb without offsets and
bends in the alignment. The drilling rig used for the production well drilling
shall be equipped with a commercially available desander (such as "Wyoben ", or
"Swyco- Geolograph" desander, or an approved equal), which shall be
continuously operated during the drilling and reaming of all boreholes. At a
minimum, the desander shall be capable of filtering sand from drilling fluid
which is circulated (pumped) at a rate of up to 80 gallons per minute (gpm), at a
pressure of at least 33 pounds per square inch (psi).
Geophysical Logging: The Contractor shall have gamma, electric (long and
short normal, SP), fluid resistivity, temperature and caliper logs run in the
completed pilot hole by a qualified party. The Contractor shall remove the
drilling bit and rods from the pilot hole at least 2.5 hours prior to the geophysical
logging. The Contractor shall arrange for electronic logging of the pilot hole
prior to ordering the gravel pack or the well screen.
Well Development: Development shall commence immediately after emplacing
the screen and gravel pack. The well shall be developed by 3 or more generally
accepted methods, subject to approval by the Owner/Engineer. Initially, the
well shall be developed using the air - lifting method for at least 2 hours
immediately after screen emplacement in order to remove any drilling fluids and
fine- grained material from the producing zone. The well then shall be developed
using the horizontal, high - velocity water jetting method. The Contractor's
equipment shall achieve jetting pressures of at least 100 pounds per square
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inch (psi) and nozzle velocities of 150 feet per second or more. During jetting,
the well shall be pumped at a rate that is at least 10% g reater than the injection
rate. The Contractor shall perform at least one other method of development,
subject to approval of the Owner/Engineer.
K. The Contractor shall introduce a solution, approved for use in potable wells, with
the gravel -pack installation to accelerate the breakdown of any drilling mud and
the development of the well (BMR, or an approved equal). The Contractor shall
determine this solution, subject to approval of the Owner/Engineer.
L. All materials (including drill pipe, drill bits, tremie pipe, casing, screen, gravel,
pumps, hoses) introduced into the ground shall be rinsed with a 5% chlorine
solution to minimize the future growth of bacteria. The solution may be applied
in a trough or with a sprayer, as appropriate.
1.04 EQUIPMENT AND PERSONNEL
A. The Contractor shall furnish capable personnel and equipment to construct the
well. The Contractor's drilling rigs, tools, equipment, and personnel shall be
subject to the Engineer's approval. Prior to moving well drilling equipment onto
the site, the Contractor shall submit information and obtain approval of the
equipment proposed for use on this project as follows:
Manufacturer's name, type, and model of each drilling rig, power engine,
and circulation pump;
2. Manufacturer's name, type, model, discharge pressure and pumping
capacity of the high pressure pump and power engine to be used for well
development.
3. The outside diameter of the horizontal jetting tool to be used for well
development, together with the number of nozzles per tool and the nozzle
orifice size. The diameter of the jetting tool and nozzles shall be as large
as possible consistent with preserving screen integrity.
4. Manufacturer's name, type and model of test pump, including number of
stages, impeller model, diameter, discharge pressure, pumping capacity
and length of column and discharge piping together with manufacturer's
name, type and model of gear drive and power engine.
B. The Contractor shall furnish the services of skilled and experienced drillers in
the type of formations to be encountered, and also shall furnish an adequate
number of competent helpers. The drillers shall be capable of keeping good and
clean well logs and reports on the drilling, developing and test - pumping
operations as instructed by the Owner/Engineer. They also shall be capable of
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recognizing and making lithologic classifications of the formations to be
encountered during the work. A job superintendent shall be available onsite as
needed and by telephone at all times.
C. The Contractor shall visit the site and determine scope of work prior to bid.
1.05 SUBMITTALS
A. In addition to that required by Section 1.04 above, the Contractor, after
reviewing the cuttings and sieve - analysis results and the geophysical logs, shall
submit sieve analysis results and a recommendation for screen and gravel pack to
the Owner/Engineer for review and agreement, (see item 2.05 D). The
Contractor shall submit five (5) sets of shop drawings from the well screen
manufacturer to the Engineer for approval prior to shipment of the screen by the
manufacturer. The screen shop drawings shall indicate the diameter, length and
unit weight of the screen; the screen material; the recommended slot size; the
opening area/lineal foot of screen and depth interval; the type and material of
fittings; information regarding any recommended extra column strength or extra
collapse strength required for the intended screen installation.
B. The Contractor shall submit five (5) copies of mill certificates from the well
casing manufacturer, gravel, drilling mud, concrete, cement grout, gravel pipes,
and centralizers to the Engineer for approval prior to delivery to the job site. The
certificates shall verify that the casing furnished under this contract complies
with the requirements set forth in these specifications.
C. The Contractor shall submit five (5) sets of shop drawings to the Engineer for
approval of components necessary for the installation of the existing well pump
and /or new equivalent capacity pump and appurtenances at the new well
including, but not limited to, supports, hardware, and any other components
necessary to relocate the pump. The pump will be supplied by the City of
Boynton Beach.
D. The Contractor shall submit five (5) sets of shop drawings to the Engineer for
approval of concrete, reinforcing steel, fencing, pipe, fittings, valves, gauges, air
relief valve, and any other materials necessary to complete the work.
E. Following completion of well construction, the Contractor shall submit to the
Engineer five (5) copies of a report for the well including drilling logs, daily
reports, test data and all other pertinent data and information including Record
Drawings. Also, the Contractor shall provide a certified "as- built" drawing of
the well, wellhead and surface equipment.
F. The Contractor shall comply with all other submittals as specified or implied
through the construction plans and specifications.
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1.06 PRODUCT HANDLING
A. The Contractor shall exercise care in transporting and handling well screen to
prevent damage or deformation. Damaged well screen will be rejected for use.
B. Staging area: The Contractor is advised of the existing well easements as shown
on the Drawings. The easement areas may be used for the storage of materials
and equipment used on this project during the course of active field construction.
If additional areas are needed, it is the responsibility of the Contractor to procure
approval from the Owners of the property for their use.
C. The Contractor is made aware that access to the well site may be hindered by
surface, overhead and underground utilities. It is the Contractor's responsibility
to coordinate access to the work with the entities responsible for the utilities, if
these potentially impact the work. The Owner will not be responsible for
coordinating efforts related to impacts caused by these hindrances.
PART 2 - PRODUCTS
2.01 CONCRETE
A. General:
All concrete shall contain a minimum of 5 -1/2 sacks of cement per cubic
yard.
2. All concrete not specifically designated shall be proportioned for a
strength of 4000 lbs. per square inch at 28 days of age.
3. Water - Cement Ratio: All concrete shall have a maximum water - cement
ratio of 0.45.
2.02 CEMENT GROUT
A. Cement grout or slurry used to seal and grout the casing shall be in accordance
with the requirements of AWWA A100 -90 (or most recent revision), Chapters
62 -532 F.A.C. and 40 E -3 F.A.C.
2.03 GENERAL
A. All materials specified herein shall be new and free from objectionable defects.
No used or old material will be accepted unless required for re -use as shown on
the Contract Drawings. If the Contractor deems it necessary or desirable to use
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temporary surface casing to facilitate the construction of the well, temporary
casing may be used, subject to the approval of the Owner/Engineer. Used casing
may be acceptable for a temporary surface casing, if required. All casing and
screen used for permanent installation shall be disinfected prior to insertion in
borehole.
2.04 WELL CASING
A. All permanent well casing shall be of new and unused Grade A, black steel pipe
with welded or screwed couplings and shall conform to the requirements of Rule
62- 532.500(1) F.A.C. and AWWA Standards for Mill -Type Steel Water Pipe
(AWWA C202 -64) as follows:
Size 16" O. D., wall thickness 0.375"
Size 24" O. D., minimum wall thickness 0.375"
B. Casing shall be equal to those manufactured by Bethlehem Steel Company, or
National Tube Division of the U.S. Steel Company.
2.05 WELL SCREEN
A. Well screen shall be pipe size type with the continuous slot, wire -wound design
in order to provide maximum inlet area consistent with strength requirements. It
shall be fabricated by circumferentially wrapping a triangularly- shaped wire
around circular array of internal rods. The wire configuration must produce inlet
slots with sharp outer edges, widening inwardly so as to minimize clogging. For
maximum collapse strength each juncture between the horizontal wire and the
vertical rods will be fusion welded under water by the electrical resistance
method. End fittings shall be welded to the screen body. The well screen shall
be manufactured by Johnson Screens, St. Paul, Minnesota, or an equal approved
by the Engineer. The screen shall have a nameplate indicating its diameter,
length, weight, type of screen material, and slot size.
B. Well screen and attached end fittings shall be fabricated from corrosion - resistant
Type 304 stainless steel. End fittings provided with the screen will be selected
on the basis of the well design parameters and the drilling method. End fittings
shall be of material compatible with the stainless steel screen and shall minimize
cathodic activity between the stainless steel screen and the black steel casing.
The screen shall be designed to have adequate strength to resist damage during
installation. A 5 -foot long, tight - wound, closed -bottom sump shall be required.
C. The screen slot size shall be determined in accordance with the effective size and
uniformity coefficient of the material found in the natural water - bearing
formation and the gravel pack. Screen entrance velocity shall not exceed 0.1
foot per second at the maximum test pumping capacity. The Contractor shall
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collect sufficient cutting samples for the well during drilling operations in the
water bearing formation.
D. During pilot hole drilling, samples shall be collected, decanted and preserved at
5 -foot intervals for sieve analysis by a qualified soil analysis laboratory
(including the screen manufacturer's laboratory). The Contractor shall collect
sieve samples from the pilot hole at 5 -foot intervals in the anticipated production
zone, anticipated to be between 60 and 165 feet below land surface. These shall
be delivered together with a copy of the well drilling log for the well to the
Engineer and a qualified soil analysis laboratory or well screen manufacturer for
analysis. The Contractor is responsible for providing sieve analyses showing
grain size distributions (percent retained) and a recommendation of the screen
size. Sieve results (reported as "percent retained" with sieve size in "inches ")
and screen and gravel pack size recommendations shall be submitted to the
Engineer by the Contractor. The Engineer shall provide his recommendations
for screened interval and slot size within 3 working days after receiving the
results of sieve analysis and the samples. The final slot size of the screen and
gravel size to be installed in the well shall be recommended by joint agreement
of the Engineer and Contractor.
2.06 FILTER GRAVEL
A. Filter gravel to be used for the artificial gravel pack shall conform to AWWA
Standards for Filtering Material (AWWA B100 -90 or its revisions). Only well
rounded (minimum roundness and sphericity of 0.6 on the Krumbein and Sloss
scale) silica gravel is acceptable for use on the construction of the well. The
following gravel pack suppliers have provided acceptable gravel pack material
on production well projects in the past:
Ogelbay Norton Industrial Sands Badger Mining Company
Colorado Silica Sand, Inc. Hwy. 44 & A Box 97
3250 Drennan Industrial Loop Fairwater, WI 53931
Colorado Springs, CO 80935 (800) 627 -7263
(719) 390 -7969
The Contractor is encouraged to estimate his gravel pack costs based upon 2
times theoretical fill and prices obtained from the above - mentioned suppliers
although samples from other suppliers may be proposed for approval.
Contractor shall submit a minimum of two (2) samples of proposed gravel to be
used to Owner and Engineer for review prior to purchasing. If approved,
Contractor shall then submit five (5) copies of shop drawings, which shall
include the supplier's name, pit source, effective size, and uniformity coefficient
of the gravel to be used.
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2.07 GRAVEL PIPES
A. A flanged, gravel- access port fitting shall be provided to allow verification of
gravel top elevation and addition of gravel by the tremie method in the future if
needed.
B. Lengths: Standard weight galvanized steel pipe shall be furnished in lengths
from 16 to 22 feet in length.
C. Pipe Ends and Couplings: Pipe shall be threaded at both ends and shall have a
coupling screwed on one end. Couplings shall be screwed on sufficiently tight to
require a wrench for loosening. Couplings on sizes 3 inches and under may have
straight threads. Metal thread protectors shall be provided on all pipe ends not
receiving couplings.
D. Malleable Iron Pipe Fittings: Malleable -iron pipe fittings (galvanized) shall be
in conformity with Federal Specification WW -P -521.
E. Iron Plugs: Iron plugs shall be square -head, cored, cast -iron plugs, galvanized.
Plugs shall conform to ANSI Standard for Ferrous Plugs with Pipe Threads B
16.14.
2.08 CENTRALIZERS
A. In order to center the well screen and inner casing inside the drilled hole and
outer casing, centralizers shall be installed on the well screen and inner casing in
the production wells. Centralizers shall be installed at the bottom and top of the
screen and top of the inner casing, and at intervals not more than 50 feet in
between. At each point, at least three centralizer blades shall be attached,
equally spaced about the circumference. The centralizers shall be so located to
allow the tremie pipe for gravel to be free to move from top to bottom of the well
screen. Centralizers on the screen sections shall be 304 stainless steel or other
non - corroding material as approved by the Engineer. All centralizers shall be
thoroughly disinfected prior to installation.
2.09 WELL PUMPS
A. The pump from existing Well 12E to the new well is a three - phase, 460V, 1,800
RPM, 30 HP pump with 6 -inch diameter column pipe. The pump is to be re-
used; however, the Contractor will need to replace the column pipe with 6 -inch
Certainteed, Certa -Lok C -900 pipe with transition piece on top to incorporate a
6 -inch flanged fitting and coverplate for the well head.
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2.10 WATER METERS
A. The Contractor shall install a new water meter as provided by the
instrumentation /electrical contractor (Ht/DcR).
2.11 VALVES AND FITTINGS
A. Valves, fittings and equipment shall meet Boynton Beach Standards and
Specifications. The following list is a partial list of required items:
• Air release valve — 2" by APCO model 144DAT50 or equal
• Check Valve — 8" Flanged cushioned check by Crispin or equal
• Gate Valve — 8 " Flanged by Mueller or equal.
• Pressure gauge with 316 SS fittings, snubber and sample valves — Gauge
by Tririce or equal.
■ Tapping valve and harness — 30 "X8" Restrained MJ by Mueller or equal.
■ Fittings & Pipe shall be by American, US Pipe, Tyler or equal.
■ Fittings required shall be 1 -8 "X6" Flanged Tee, 1 -8 "X2" Flanged Tee
with 2" Screwed Port, 1 -8 "X8 "Flanged Tee, 2 -8" Blind Flanges, 1 -6"
Flange Adapter(Restrained), miscellaneous pipe to complete the
wellhead surface piping.
2.12 FENCING
A. The Contractor will provide fencing for the new wellhead location.
Approximate dimensions are 10' X 20' with an 8' double -leaf locking gate on
the east side of the wellhead. Fabric shall be Zinc Coated Steel , galvanized after
fabrication meeting Class II, ASTM Designation A -392. Gate posts shall be 3"
diameter, schedule 40 galvanized pipe w /caps and fence posts shall be schedule
40 galvanized pipe w /caps and incorporate rails fittings and appurtenances.
2.13 SUBSTITUTIONS
A. Requests for substitutions of any of the material listed above shall be made after
the award of bid, and even then, there is no guarantee that substitution will be
allowed.
PART 3 - EXECUTION
3.01 SITE PREPARATION
A. Regrading of the area within the well easement will be necessary. The
Contractor will install the new well slab 4 to 6 inches above the existing grade..
Therefore, the site shall be graded to allow this. Fill shall be compacted to 98%
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density as determined by the ASTM D -1157 method.
B. The Contractor shall make all arrangements necessary for the drainage and
disposal of water and mud resulting from drilling, developing and testing of the
wells and shall protect adjacent property from damage by such water and mud.
C. The Contractor shall be responsible for obtaining any necessary permit(s) for the
proper disposal of waste material.
D. Upon well completion, the Contractor shall restore all areas disturbed or altered
by construction of the well and by grading, excavated or otherwise provided for
drainage and disposal of water, sand, cuttings and drilling mud. Surface
restoration as shown on the drawings and as specified herein shall be
accomplished.
3.02 DRILLING LOG
A. The Contractor shall record all materials passed through during drilling and the
depths at which the changes in formations occur, together with such other
information as may be called for by the Engineer. The log of the well shall show
all material penetrated and full descriptive notes made of everything found by
the drill and of all difficulties or unusual conditions met in drilling. All water -
bearing strata shall be described in special detail as to whether the material is
loose or compact, its color, and, if gravel, whether it is water worn or angular.
B. The Contractor shall submit, weekly, to the Engineer one complete copy of each
Daily Drilling Log (Work Report) for each well site, via facsimile transmission
(on the Friday of the week), during construction and testing activities on the
wells.
3.03 STATE REPORTS AND FORMATION SAMPLES
A. The Contractor shall submit a well completion report including a drilling log and
a detailed "as built" drawing to the Engineer and appropriate regulatory agencies
that require it. A well completion report shall be completed by the Contractor
and shall be submitted to the agencies listed above within thirty days after
completion of the drilling operation. Three additional copies shall be provided to
the Engineer. Blank well completion reports shall be secured at the Contractor's
expense from the SFWMD.
B. During the drilling operations, the Contractor shall collect cutting samples
beginning at the ground surface and at regular intervals thereafter, not exceeding
five feet and at every change in formation. The Contractor shall collect sufficient
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sets of samples to satisfy all agencies having an interest plus one sample for the
Engineer. Samples shall be kept in containers that will be secured by the
Contractor from the appropriate agencies. After being put in their containers,
they shall be properly labeled and delivered by the Contractor to the appropriate
agencies upon completion of the well.
3.04 WELDED JOINTS - WELDING
A. Welding in shop and field shall be done by operators who have been previously
qualified in tests as prescribed in the American Welding Society Standard
Qualification Procedure to perform the type of work required. Welding of well
casing shall be done in accordance with AWWA Standards for Mill -Type Steel
Water Pipe (AWWA C202 -64). Field welding of stainless steel well screens
shall be done in accordance with printed recommendations of the screen
manufacturer. Welder qualifications shall be submitted to the Engineer prior to
beginning the work.
3.05 WELL CONSTRUCTION
A. The intent of this Section of the specifications is to provide for the construction
of one (1) replacement public water supply well. The well is to be of the type
and characteristics described in "Part 1 - General" in this section of the
specifications. The estimated size and depth of casing and screen for the well are
as follows with depths measured from the surface of the ground:
ITEM
DEPTH
1. 16 -inch Steel Inner Casing (ft.)
0 -90
2. 16 -inch S.S. Screen (ft.)
70 -170
3. 16 -inch "Tightwind" Sump (ft.)
170 -175
4. 24 -inch Steel Outer Casing (ft.)
0 -90
5. Total Well Depth (ft.)
165
B. Other than the outer casing and inner casing specified, any other casings used are
at the contractor's option. The cost of furnishing and installing, or installing and
pulling out any surface casing or pit casing that might be needed temporarily for
the drilling operations shall be included in the unit price for construction of the
well..
C. The well boring and all permanent casing shall be constructed and all casing set
round, plumb and true to line. Plumbness is specified as 2/3 of the inside casing
diameter per 100 feet of casing pipe. To demonstrate the compliance of the work
with this requirement, the Contractor shall furnish all labor, tools and equipment
and shall make the test described herein. Test for plumbness and alignment shall
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be made after the complete construction of the well and before its acceptance.
The cost of accomplishing one plumbness and alignment test shall be included in
the contract price. No additional payments will be made for making any
additional tests. In order to demonstrate that each well is plumb and aligned, it
shall be tested in accordance with paragraph 3.07 "PLUMBNESS AND
ALIGNMENT TEST ", prior to acceptance. Because the Plumbness and
Alignment Test will take place after the casing is cemented, the Contractor is
advised to take whatever measures are necessary to assure himself that the well
is plumb and aligned throughout construction.
D. The well casing shall be installed without bumping or any driving to prevent
damage to welded joints or threaded couplings. The Contractor shall keep an
accurate record, as assembled, of the order, number, size, and lengths of the
individual pieces of casing installed in the well.
E. The Contractor shall take all necessary precautions to reduce to a minimum the
nuisances of drilling the well. In all cases, the Contractor shall use mud tanks
and all the necessary equipment to prevent the use of a mud pit. Location of all
equipment and tools shall be such as to provide uninterrupted access to any
private property or to road traffic.
F. The artificially gravel - packed well is to be constructed by rotary drilling, and
shall be drilled to the depth where the outer casing is to be seated with a hole of a
diameter at least four (4) inches greater than the outside diameter of the casing.
The hole shall be drilled to the required depth to receive casing and permit
grouting. Outer casing then shall be lowered to the exact depth determined in
the field, centered in the hole, held in place with sufficient spacers (centralizers)
to maintain true alignment, and then grouted with a neat cement grout. The
grout shall be proportioned of cement and the minimum quantity of water (not
over six gallons per cubic foot of cement) required to give a mixture of such
consistency that it can be forced through grouting pipes. Bentonite or equal may
be used up to three percent (3 %) by volume to reduce shrinkage. The grout
mixture, method of mixing and consistency of the grout shall be approved by the
Engineer. The top of the casing to be grouted shall be left with not less than
twenty -four (24) inches above the ground.
G. The grout shall be placed in such a manner that surface water and other
impurities will be prevented from entering the well by infiltration along the bore
and casing. Grouting of casing shall be accomplished in the presence of the
Engineer or his representative, in one continuous operation. The method of
grouting shall be by pumping the grout from the bottom of the outside casing to
the ground surface, completely filling the annular space between the borehole
and casing. Spacers (centralizers) used to center the casing in the borehole shall
be clean and of a curable material. The grout shall be allowed to set for 72 hours
before any work may be done which would disturb it or allow it to crack. If
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quick- setting cement is used, the setting period may be reduced to 24 hours. The
Contractor shall take care to protect the grout from damage and insure the proper
curing during the setting period. The Contractor shall "top off' the grout to land
surface after the setting period if settling and shrinkage occurs during setting.
H. Drilling operations shall continue, after the 24 -hour or longer waiting period
required for setting up the cement grout, to the depth determined to set the
bottom of the screen. The diameter of this part of the hole shall be at least seven
(7) inches greater than the outside diameter of the screen. Rotary drilling
through the section where the screen is to be set shall be done only with water.
In the event the use of drilling additive is required, the Contractor shall first
obtain approval from the Engineer. The Contractor shall thereafter make every
effort to maintain the integrity of the subsurface formation in which the well
screen will be placed and to remove all additives from this formation
immediately after setting of the well screen and gravel.
In order to minimize damage to the formation and develop the maximum well
yield possible, the "screen zone" shall be drilled and the well screen and gravel
pack set in one continuous operation on the same day. The well screen shall not
be lowered into the well until the Engineer or his representative has verified that
its dimensions and characteristics correspond with those approved for that
particular well. Screens not meeting the approved conditions or showing any
appreciable damage or deformation shall be rejected. Due precautions shall be
taken during handling and lowering of the screens into the well to prevent any
damage or deformation. The screen shall have no change of alignment after
installation. Development shall commence as soon as possible after installation
of the screen and gravel pack.
The depth at which the screen is set shall be approved by the Engineer. The
screen and inner casing shall then be lowered to the approved depth and set
within plus or minus three (3) inches of that depth. The screen and inner casing
shall be installed with suitable heavy steel stave -type centering guides to ensure
that the inner casing is perfectly concentric with the outer casing and that the
screen is concentric with the hole below the outer casing. The centering guides
shall be as manufactured by Johnson Screens, St. Paul, Minnesota, or an equal
approved by the Engineer (See Section 2.08).
K. After the screen and inner casing assembly have been properly installed, filter
gravel shall be placed by the tremie method in the presence of the Engineer,
unless otherwise approved by the Engineer. A crystalline polyphosphate
solution (BMRTM or equal) suitable for breaking down any drilling mud will be
introduced with the gravel. A complete and homogenous artificial gravel
packing then shall be built all around the screen and inner casing, to a level not
less than twenty (20) feet above the bottom of the outside casing using the tremie
method. Under no conditions shall the Contractor attempt to build the artificial
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gravel packing by dumping the filter gravel around the inner casing from the
surface of the ground. The Contractor shall keep a record of the amount of gravel
added to each well and this information shall be contained in the driller's report
and log. Development shall commence as soon as possible after installation of
the screen.
L. Well construction shall comply with applicable regulations as stated with the
following agencies including but not limited to FDEP, SFWMD and Palm Beach
County Health Department (PBCHD).
3.06 WELL FLANGES AND CAPPING
A Whenever there is inactivity or an interruption in work on the well, the
Contractor shall protect the well in such a manner as to effectively prevent either
tampering with the well or the entrance of foreign matter into it. The Contractor
is responsible for any objectionable material that may fall into the water supply
well and its consequences until the completion and acceptance by the Engineer
of all work described in these specifications. Upon completion of the well, the
Contractor shall cap the well in a manner approved by the Engineer.
B. All steel flanges used to fabricate the cover shall meet AWWA Standards for
Steel Pipe Flanges, Class D (AWWA C207 -94). The flanges shall be gasketed
and bolted in accordance with AWWA Standard C207 -94. The top of casing
shall be not less than twenty -four (24) inches above ground level.
3.07 PLUMBNESS AND ALIGNMENT TEST
A. Required Test: The well boring shall be constructed and all casing set round,
plumb and true to line. Plumbness is specified as 2/3 of the inside casing
diameter per 100 feet of casing pipe. To demonstrate the compliance of the work
with this requirement, the Contractor shall furnish all labor, tools and equipment
and shall make the test described herein. Test for plumbness and alignment shall
be made after the complete construction of the well and before its acceptance.
The cost of accomplishing one plumbness and alignment test per well shall be
included in the contract price. No additional payments will be made for making
any additional tests.
B. Description of Test: Plumbness and alignment shall be tested for the entire
length of the casing. The casing shall be tested by lowering into the casing a
section of pipe 40 feet long or a dummy of the same length. The outer diameter
of the pipe shall be not more than 1/2 -inch smaller than the inside diameter of the
casing being tested. If a dummy is used, it shall consist of rigid spindle with
three rings, each ring being not more than 1/2 -inch smaller than the inside
diameter of the casing being tested. The ring shall be truly cylindrical and shall
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be placed at each end of the dummy and one ring in the middle thereof. The
central number of the dummy shall be rigid so that will maintain the alignment
of the axis of the rings.
C. Requirement for Plumbness and Alignment: Should the dummy, or pipe, fail to
move freely through the length of the casing to the required depth or should the
well vary from the vertical in excess of 2/3 of the smallest inside diameter of that
part of the well being tested per 100 feet depth, or beyond limitations of this test,
the plumbness and alignment of the well shall be corrected by the Contractor at
his own expense, and should he fail to correct such faulty alignment or
plumbness, the Engineer may refuse to accept the well. The requirements for the
plumbness and alignment testing may be waived at the discretion of the Engineer
if the Contractor can clearly demonstrate that the requirements have been met.
The Contractor is encouraged to demonstrate plumbness and alignment of both
inner and outer casings during installation by reasonable methods if he wishes to
secure a waiver of the formal plumbness and alignment test upon completion.
3.08 GRAVEL PIPES
A. The Contractor shall install a gravel access port as detailed on the drawings, after
plumbness and alignment tests have been completed. The gravel access port
shall be installed through the outside casing.
3.09 WELL DEVELOPMENT
A. Following the construction of the well but before any final pumping tests have been
started, the Contractor shall develop and clean out the well. The purpose of the
development work is to remove effectively from the well, well walls, well screen,
and from the formation immediately adjacent to the well, material like mud, clay,
fine particles of sand and/or of shell and any other type of fine material. The
Contractor shall develop the well using the air -lift method, horizontal, high - velocity
water jetting method and at least one other development method at the discretion of
the Contractor with the prior approval of the Engineer. The Contractor shall submit
to the Engineer a well development plan including a description of the procedure for
each method and the equipment to be used prior to development. The Contractor
shall demonstrate during development the rate of gravel pack settlement. The gravel
pack shall not be allowed to settle to less than 5 feet above the screen during
development and shall be replenished during development and upon completion. The
well development must be done in a manner that will not cause undue settlement and
disturbance of the strata above the water - bearing formation or disturb the seal
created around the well casing that provides the natural sanitary protection against
vertical seepage along the casing.
B. The Contractor shall furnish all necessary pumps, compressors, tools, piping, hoses
and other equipment needed to develop the well. The Contractor shall conduct the
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well development to give the maximum practical yield of water per foot of
drawdown and to extract from the water - bearing formation the practical maximum
quantity of such fine materials as may, during the life of the well, be drawn into the
casing when the well is pumped continuously under maximum conditions of
drawdown. Actual well development, regardless of the method used, shall be
conducted for a minimum period of 32 hours, unless directed otherwise by the
Owner or Engineer. However, the Contractor shall be responsible and include as
part of the Lump Sum bid all expenses necessary to continue well development up to
100 hours. The additional well development time and price per hour shall only
apply to aggressive, additional development required after 100 hours of well
development have passed.
C. Well development shall continue until water pumped from the well at the maximum
test - pumping rate is clear and free of sand in the opinion of the Contractor. The
Contractor may proceed with step -rate and constant -rate testing at that time. The
well will be considered to be developed to its optimal specific capacity when, based
on performance of the described step -rate pumping test, the specific capacity at the
design rate is equal to or greater than the theoretical specific capacity established
from the step -rate testing as determined by the Engineer. The water shall be
considered sand -free when the average of samples taken during the constant -rate
pumping test contain not more than one part per million (ppm) of sand by weight
and no single sample exceeds 2 ppm. Sand content shall be measured using a
Rossum Sand Content Tester, installed and operated per manufacturer's instructions.
The sand concentration shall be determined by averaging the results of five samples
taken at the following intervals during the final (8 -hour) constant -rate pumping test:
(1) 15 minutes after the start of the test, (2) after 25 percent of the total pumping test
time has elapsed, (3) after 50 percent of the total pumping test time has elapsed, (4)
after 75 percent of the total pumping test time has elapsed, and (5) near the end of
the pumping test. At the conclusion of the development, the well shall be cleared of
all accumulations of sediment to the full depth of the well. The Engineer will notify
the Contractor promptly if any development criterion is not met and the Contractor
must continue development. If development must be continued based on failure to
meet criteria, the Engineer will determine if step -rate and/or constant -rate testing
must be repeated at the Contractor's cost.
D. After completion of development, the gravel pack shall be left no less than 10 feet
and no more than 20 feet above the top of the well screen.
E. The Contractor shall provide materials and equipment to perform at least 24 hours of
high - velocity water jetting combined with simultaneous pumping (by pump or air
lift, as outlined by Driscoll (Driscoll, Fletcher G. 1987, Groundwater and Wells,
Johnson Filtration Systems, Inc., pp. 516 -517, 520 -521). The Contractor's
equipment shall achieve jetting pressures of at least 100 pounds per square inch
(psi) and nozzle velocities of 150 feet per second or more. Four (nozzle orifice)
jets (at least' /2 -inch diameter) will be used to achieve a maximum water velocity (of
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150 feet per second) at the point of discharge (gauge pressures will be somewhat
higher to overcome friction losses). The nozzle jets shall be located at 90- degree
spacings and extend to a total nominal diameter of 15 inches (the tool shall be
equipped with at least 4, nominal 15 -inch diameter centering guides). The air -
reverse hose or drop pipe should be located within 12 feet of the jetting nozzles
during development and the jetting tool shall be moved up and down across the
length of the screen interval. Development by the high - velocity water jetting
method shall continue for a minimum of 24 hours, or until the gravel -pack level
stabilizes and the discharge is free of sand to the satisfaction of the Engineer. If
water is pumped into the well from the surface through a water jetting tool, the
Contractor shall pump out at least 100 gpm during the jetting operation and shall
ensure that, during jetting, at least 10 percent more water is discharged from than
introduced into the well.
F. At least daily, the Contractor perform a 15- minute, constant -rate pumping test using
a Contractor's (centrifugal) pump and to measure pumping rate (minimum 75 -gpm
pump capacity) and drawdown. This testing shall be included as development time
in the contract price. The Engineer may waive the requirement to perform the testing
daily, if it is in the best interest of the Client. If the water level is so deep that a well
operating centrifugal pump cannot produce a constant rate, the Contractor shall
propose and perform this testing using adequate equipment.
3.10 WELL DISINFECTION
A. After the well has been completely constructed and developed, it shall be
thoroughly cleaned of all foreign substances including tools, timbers, rope,
debris of any kind, cement, oil, grease, joint dope and scum. The casing pipe
shall be thoroughly swabbed, using alkalies if necessary to remove oil, grease or
joint dope. The well shall then be disinfected with a chlorine solution.
B. The chlorine solution used for disinfecting the well shall be of such volume and
strength and shall be so applied that a minimum concentration of 50 ppm shall be
obtained in all parts of the well at static conditions. The chlorine solution shall
be introduced into the well in such a manner that the well surfaces above the
static level will be completely flushed with the solution. The chlorine solution
shall be prepared and applied in a manner approved by the Engineer. The
chlorine solution shall remain in the well for a minimum period of two hours.
C. Prior to installing the test pump in the well, all interior and exterior parts of the
test pump coming in contact with the water in the well shall be disinfected with a
five percent (5 %) chlorine solution (chlorine bleach). The method of
disinfecting the test pump shall be approved by the Engineer or his
representative prior to installing the test pump.
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D. Upon completion of the well and installation of the pump, the Contractor shall
disinfect the well in accordance with the requirements and instructions in the
latest edition of AWWA Standards for Deep Wells No. A100. The Contractor
shall make arrangements for performance of the bacteriological tests for
potability of the water. Testing and analysis shall be done in accordance with all
requirements of the FDEP and Palm Beach County Health Department.
Contractor shall sample and analyze samples (by a certified, approved lab) until
20 consecutive analysis are obtained which indicate acceptable bacteriological
results. Any additional disinfection required to provide acceptable
bacteriological results shall be at the Contractor's expense.
E. Any additional water - quality testing (i. e., primary and/or secondary constituents
that may be ordered by the Owner will be performed by the Contractor at cost
plus 10 %.
3.11 PUMPING TESTS
A. General: Pumping tests as described herein shall be performed for the water
supply well. The purpose of the tests is to gather sufficient and accurate data to
determine aquifer characteristics and coefficients. The Engineer will inspect the
test pump setup in the field, and approve the setup or require changes prior to
testing. The Engineer may require the Contractor to alter the setup at any time
during testing in order to improve the quality of the test data or adjust to site
conditions.
B. Test Pump and Equipment: The Contractor shall furnish, install and operate all
necessary materials and pumping equipment capable of pumping from the well a
minimum of not less than between 300 and 1000 gpm. The test pumping unit
shall be a submersible or deep well turbine pump. If a diesel - powered deep well
turbine pump is utilized, it shall be powered by a right -angle gear and diesel
engine drive. The right -angle gear shall be adequately shielded to prevent
personal injury in case of carelessness or equipment failure. Throttling devices
shall be furnished for the pumping unit so that the discharge may be reduced to
zero gpm. The pumping unit shall be capable of operating continuously for the
duration of the pumping test.
In the event the Contractor's pumping units should fail and interrupt a pumping
test, the Contractor will be penalized for the hours of pumping already
performed, and test will be started over at the Contractor's expense.
The Contractor shall furnish all necessary discharge conduit for the pumping
unit, which shall be sufficient size and length to convey the water being pumped
to the point of final discharge as shown on the attached drawings. The
Contractor shall furnish, install and operate equipment of approved size and type
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for measuring the flow of water, such equipment to be an orifice- manometer set
or a turbine -type water meter for accurately determining the discharge rate from
0 gpm to 1000 gpm. Pumped water shall be discharged at least 300 feet from the
well or into a free draining surface -water body, in a manner that will cause no
nuisance. The Contractor shall obtain any necessary permits to allow this
discharge.. Proof of meter calibration (within the previous 3 months) shall be
submitted to the Engineer prior to the installation of the pump used for the well
testing.
The Contractor shall provide a minimum of one experienced employee to be
continuously on -site whenever a pumping test is being performed. This
employee shall be responsible for operation of the pumping unit and for
determining and recording pumping rates during the test. The Contractor's
employee will also be expected to determine water elevations in the pumped well
and in determining water levels in the observation well, as directed by the
Owner/Engineer.
C. Pumping Test: After the well has been developed to its maximum capacity per
foot of drawdown, the Contractor shall notify the Owner/Engineer and when
ordered, the Contractor shall conduct a pumping test of the well. The pumping
test and drawdown measurements shall be made in accordance with the
requirements of the regulatory agencies but shall not be less than the following
requirements. Adequate access for water -level measurements shall be available.
The static level prior to pumping shall be recorded. The well shall first be
pumped incrementally at 4 flow rates, starting with the lowest rate. The
incremental flow rates should be approximately 33 %, 67 %, 100% and 133% of
the anticipated operating capacity. Each pumping rate shall be maintained for a
period of 30 minutes during which time water level readings shall be taken every
minute until the water level stabilizes at which time readings may be taken every
5 minutes for the duration of the 30- minute period. Recovering water levels will
be recorded for 30 minutes after each 30- minute pumping (step -rate) period.
Upon completion of the incremental tests, the pumping equipment shall be reset
to the design rate or a rate determined from the 4 -step test. After water levels
have recovered, pumping shall be maintained at that rate for 8 hours. During the
8 -hour period, water level readings shall be taken every 5 minutes for the first 30
minutes of the test and every 15 minutes for the duration of the 8 -hour period.
Upon completion of the 8 -hour test, the test pump shall be shut off and recovery
measurements of water level shall be taken every 5 minutes for a period of one
hour or until such time as the water level returns to its original static level prior
to commencing test pumping. All water level readings shall be recorded to the
nearest 0.01 of a foot and referenced below the well flange. All information
pertaining to the pumping test, including the actual static level shall be recorded
on a well test log and six (6) copies of the well test log shall be submitted to the
Engineer promptly upon completion of test pumping of the well. The Contractor
shall not be required to meet the criterion for sanding during the constant -rate
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test if the pumping rate exceeds the design rate.
D. It shall be the responsibility of the Contractor to ensure that the pumping unit
maintains a constant, continuous pumping rate without significant variance or
surging for the duration of the test. The Contractor shall provide an accurate
operating tachometer so that pumping rates are reproducible. If the pumping unit
fails to maintain a constant, continuous pumping rate, as determined by the
Engineer or his representative, the test shall be restarted and the Contractor shall
be penalized for the hours of pumping already performed. The Contractor's
on -site employee shall be responsible for maintaining a constant pumping rate as
specified. Minor variations detected in the pumping rate during the test shall be
immediately corrected by adjusting a gate valve located in the discharge line.
The gate valve shall be located far enough from the flow- measuring device
(minimum 10 pipe diameters) so that any turbulence created by the gate valve
shall not interfere with the flow measuring device. The flow - measuring device
and gate valve shall be sufficiently far from any pipeline bends, elbows and other
appurtenances so as not to receive any turbulence.
E. Water Analysis:
Just prior to completion of the well test pumping, the Contractor shall
collect and send a water sample from the well to a commercial laboratory
approved by the Department of Health and Rehabilitative Services for
analysis. The analysis shall be done per Chapter 62 -550 F.A.C. for
Primary Inorganics including Nickel and Cyanide; Primary Organics and
Secondary Drinking Water Standards, Unregulated Contaminants and
Radionuclides. The Contractor shall pay all costs for the analysis and
send a report to the Owner/Engineer.
2. Contractor shall collect bacteriological samples from the well and deliver
to an approved testing laboratory in accordance with Palm Beach County
Health Department ( PBCHD) Technical Memorandum #03 -1PR.
Contractor shall bear all costs of testing until results satisfactory to the
PBCHD and the Engineer are obtained and delivered to the
Owner/Engineer as specified above.
3.12 PROTECTION OF PROPERTY AND NUISANCES
A. The Contractor shall take special precautions to reduce to a minimum the
nuisances and damage to property which could result during execution of the
Work. Special attention is called to the "General Conditions" of these
specifications. Any damage to public or private property shall be immediately
repaired or paid for by the Contractor at no expense to the Owner. Equipment,
tools, and materials shall be located in places where they will produce a
minimum of nuisance. Wherever necessary or requested by the Engineer, the
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Contractor shall use mud tanks and all the necessary equipment to substitute for
mud pits. Any water or fluid resulting from any of the operations, or excess
water from the well development works or the pumping test operations shall be
conveyed out by piping, ditches, or any other means approved by the Engineer
and Owner, at the Contractor's expense to places where it may be disposed of
without any detrimental effects to public or private interest.
3.13 CONCRETE SLAB
A. A concrete pad shall be provided at ground surface around the outside casing as
indicated in the construction plans to prevent surface contamination of the well.
B. A steel reinforced concrete pedestal shall be provided for permanent pump
placement, per in the Contract Drawings.
C. The Contractor shall strictly follow "Best Management Practices" for the
Construction Industry as established in Palm Beach County's Wellfield
Protection Ordinance throughout the course of the project.
3.14 CORRECTIVE WORK
A. In the event that the well becomes contaminated, or that water having
undesirable physical or chemical characteristics does enter the well due to the
neglect of the Contractor, he shall, at his own expense, perform such work or
supply such casings, seals, disinfecting agents or other materials as may be
necessary to eliminate the contamination or shut off the undesirable water.
3.15 TEST OF RE- INSTALLED PUMP
A. Upon installation of the relocated well pump and clearance of the well analysis,
the Contractor shall perform a capacity test on the pump. The Contractor shall
test the pump at three (3) different conditions by partially closing a gate valve on
the discharge of the pump(s). One of the conditions tested shall be the design
condition and the other two conditions shall fall on opposite sides of the curve
from the design condition. The Contractor shall inform the Engineer prior to
performing this test.
3.16 WELL ABANDONMENT
A. In the event the Contractor should fail to construct the replacement well to the
necessary depth, or should he abandon a well for any reason, he shall, if
instructed by the Engineer, fill and plug the abandoned well. No payment will
be made for work done on an abandoned hole or for salvaging materials or filling
and plugging the hole. Abandonment shall be performed in accordance with
Chapters 62 -532 and 62 -555 of the Florida Administrative Code (F.A.C.) and
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any requirements of SFWMD. The Contractor shall notify SFWMD of the intent
to abandon the well and shall make application and obtain approval to do so at
his own expense.
3.17 GUARANTEE
A. The Contractor shall guarantee that all new material, equipment, structures, and
work performed are free from defects in workmanship, design, or materials for a
period of one (1) year after installation and acceptance by the Owner, and if any
part of the work shall fail within this period, it shall be replaced and unit restored
to operation at no cost to the Owner. Undue reduction in yield, casings, or
settlement around the well, pumping sand from a finished well after being put
into service, or clogging of well screen will be considered a defect to be covered
by this guarantee.
3.18 MEASUREMENT AND PAYMENT
A. General: Measurement and payment will be based upon work completed and
accepted in accordance with the Contract Documents. No separate payment will
be made for incidental items of work not shown in the Schedule of Bid Items.
Payment of unit quantity adjustments, or of any of the following bid items prices
related to construction and testing of the wells, will not be credited for payment
by the Engineer unless sufficient (12 -hour) notice is provided for the work and
the construction or testing is attended and observed by a representative of the
Engineer:
Pilot -hole drilling and drill- cutting sample collection;
Geophysical logging of the pilot hole;
Inner casing and screen installation;
Gravel -pack placement and initiation of well development;
Final acceptance of well - development completion
Pumping tests (4 and 8- hour);
Plumbness and alignment testing.
B. Equipment and material in storage: Partial payment for materials and equipment
in proper storage at the site of the work or other approved storage site will be
made for those items for which the Contractor has submitted paid invoices to the
Engineer.
C. Payment: Payment will be made in accordance with the component prices of the
lump sum bid as installed and accepted and shall constitute full compensation for
furnishing all materials and performing all work in connection therewith and
incidental thereto each item as outlined in the schedule of values. Before
beginning work, the Contractor will provide a Schedule of Values for the
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purpose of determining applicable progress payments and for establishing unit
prices of items not listed in the Bid Documents. All pay requests shall include
10% retainage.
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NOMINAL 30 -INCH DIAMETER BOREHOLE
24 -INCH OUTSIDE DIAMETER, STEEL SURFACE
CASING (0.5 -INCH WALL THICKNESS)
16 -INCH OUTSIDE DIAMETER, 0 3754NCH WALL
THICKNESS, STEEL CASING
GRAVEL PACK FINISHED APPROXIMATELY
10 FEET ABOVE BOTTOM OF OUTER CASING
NOMINAL 24 -INCH DIAMETER BOREHOLE
GRADED SILICA SAND GRAVEL PACK
16 -INCH OUTSIDE DIAMETER,
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16 -INCH OUTSIDE DIAMETER, STAINLESS
STEEL TIGHTWIND'SUMP
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CONSTRUCTION DETAIL I Roe
REPLACEMENT PRODUCTION WELL 12E
2
PALM BEACH COUNTY, FLORIDA
GENERAL CONDITIONS
ARTICLE l
DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents, the following terms
have the meanings indicated which are applicable to both the singular and plural thereof
Addenda -Written or graphic instruments issued prior to the opening of Proposals which clarify, correct or
change the proposal documents or the Contract Documents.
Agreement -The written agreement between ENGINEER and CONTRACTOR covering the Work to be
performed; other Contract Documents are attached to the Agreement and made a part thereof as provided
therein.
Application for Payment -The form which is to be used by CONTRACTOR is requesting progress or final
payments and which is to include such supporting documentation as is required by the Contract Documents.
Proposal -The offer or proposal of the proposer submitted on the prescribed form setting forth the prices for
the Work to be performed.
Proposer - Any person, firm or corporation submitting a Proposal for the Work.
Bonds - Proposal performance and payment bonds and other instruments of security.
Change Order - A document recommended by ENGINEER, which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the contract Price or
the Contract Time, issued on or after the Effective Date of the Agreement.
Contract Documents - The Agreement, Addenda (which pertain to the Contract Documents),
CONTRACTOR's Proposal (including documentation accompanying the Proposal and any post - Proposal
documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the
Bonds, these General Conditions, the Specifications and the Drawings as the same are more specifically
identified in the Agreement, together with all amendments, modifications and supplements issued pursuant to
paragraphs 3.4 and 3.5 on or after the Effective Date of the Agreement.
Contract Price -The monies payable by ENGINEER to CONTRACTOR under the Contract Documents as
stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work).
Contract Time -The number of days (computed as provided in paragraph 16.2) or the date stated in the
Agreement for the completion of the Work.
CONTRACTOR -The person, firm or corporation with whom ENGINEER has entered into the Agreement.
Defective -An adjective which when modifying the work refers to Work that is unsatisfactory, faulty or
deficient, or does not conform to the contract Documents, or does not meet the requirements of any inspection,
reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to
ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been
assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10).
Drawings -The drawings which show the character and scope of the Work to be performed and which have
been prepared or approved by ENGINEER and are referred to in the Contract Documents.
Effective Date of the Agreement -The date indicated in the Agreement on which it becomes effective, but if
no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the
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two parties to sign and deliver.
ENGINEER -The person, firm or corporation named as such in the Agreement.
Field Order -A written order issued by ENGINEER which orders minor changes in the Work in accordance
with paragraph 9.5, but which does not involve a change in the Contract Price or the Contract Time.
General Requirements- Sections of Division 1 of the Specifications.
Laws and Regulations -Laws, rules, regulations, ordinances, codes and/or orders.
Lien -Any charge, security interest, lien or encumbrance in any way arising, whether by law, contract or
otherwise.
Notice of Award -The written notice to the apparent successful PROPOSER stating that upon compliance by
the apparent successful propose with the conditions precedent enumerated therein, within the time specified,
OWNER will sing and deliver the Agreement. If requested by the OWNER, both the Notice of Award and
Notice to Proceed will be issued by the ENGINEER.
Notice to Proceed -A written notice given by ENGINEER to CONTRACTOR fixing the date on which the
Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR's
obligations under the Contract Documents.
OWNER -The public body or authority, corporation, association, firm or person with whom ENGINEER has
entered into the Agreement and on whose behalf the Work is to be provided.
Partial Utilization - Placing a portion of the Work in service for the purpose for which it is intended (for a
related purpose) before reaching Substantial Completion for all the Work.
Project - The total construction of which the Work to be provided under the Contract documents may be the
whole, or a part as indicated elsewhere in the Contract Documents.
Resident Project Representative -The authorized representative of ENGINEER who is assigned to the site or
any part thereof.
Shop Drawings -All drawings, diagrams, illustrations, schedules and other data which are specifically
prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures,
standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier
and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work.
Specifications -Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the Work and certain
administrative details applicable thereto.
Subcontractor -An individual, firm or corporation having direct contract with CONTRACTOR or with any
other subcontractor for the performance of a part of the Work at the site.
Substantial Completion -The Work (or a specified part thereof) has progressed to the point where, in the
opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is
sufficiently complete, in accordance with the Contact Documents, so that the Work (or specified part) can be
utilized for the purposes for which it is intended: or if there be no such certificate issued, when final payment
is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed"
as applied to any Work refer to Substantial Completion thereof. Substantial completion requires successful
completion of all testing, submission of satisfactory bacteriological test reports, and submission of complete
Record Drawing information to the ENGINEER.
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Supplementary Conditions -The part of the Contract Documents which amends or supplements these General
Conditions.
Supplier -A manufacturer, fabricator, supplier, distributor, materialman or vendor.
Underground Facilities -All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other
such facilities or attachments, and any encasement containing such facilities which have been installed
underground to furnish any of the following services or materials; electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable television, sewage and drainage removal, traffic or other
control systems or water.
Unit Price Work -Work to be paid for on the basis of unit prices.
Work -The entire completed construction or the various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work is the result of performing services, furnishing labor and
furnishing and incorporating materials and equipment into the construction, all as required by the Contract
Documents.
Work Directive Change -A written directive to CONTRACTOR, issued on or after the Effective Date of the
Agreement and signed by ENGINEER, ordering an addition, deletion or revision in the Work, or responding
to differing or unforeseen physical conditions under which the Work is to be performed as provided in
paragraphs 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the
Contract Price or the Contract time, but is evidence that the parties expect that the change directed or
documented by a Work directive Change will be incorporated in a subsequently issued Change Order
following negotiations by the parties as its effect, if any, on the Contract Price or Contract Time as provided in
paragraph 10.2.
Written Amendment -A written amendment of the Contract documents, signed by ENGINEER and
CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-
engineering or non - technical rather than strictly Work - related aspects of the Contract Documents.
ARTICLE 2
PRELIMINARY MATTERS
Delivery of Bonds and Certificate of Insurance:
2.1. When CONTRACTOR delivers the executed Agreements to ENGINEER, CONTRACTOR
shall also deliver such Bonds and Certificates of Insurance as CONTRACTOR may be required to furnish in
accordance with Article 5.
Copies of Documents:
2.2. All copies of documents necessary for the execution of the Work will be furnished to
CONTRACTOR at the cost of reproduction. CONTRACTOR shall bear the costs of all documents requested.
Commencement of Contract Time; Notice to Proceed:
2.3. The Contract Time will commence to run on the thirtieth day after the Effective Date of the
Agreement, or if a Notice to proceed is given, on the day indicated in the Notice to Proceed. A Notice to
Proceed may be given at any time within thirty (30) days after the Effective Date of the Agreement. In no
event will the Contract Time commence to run later than the ninetieth (90th) day after the day of Proposal
opening or the thirtieth (30th) day after the Effective Date of the Agreement, whichever date is earlier.
Starting the Project:
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2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Time
commences to run, but no Work shall be done at the site prior to the date on which the Contract Time
commences to run.
Before Starting Construction:
2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and
compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error or
discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification
from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract
Documents, unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof.
2.5.1. CONTRACTOR shall perform no portion of the Work at any time without
Contract Documents or, where required, approved shop drawings or Product Data for such portion of
the Work.
2.5.2. By executing the Contract, CONTRACTOR acknowledges he has examined the
Contract Documents, the site and locality where the Work is to be performed, the legal requirements
(Federal, State and Local laws, ordinances, rules and regulations) and the conditions affecting cost,
progress or performance of the Work and has made such independent investigations as
CONTRACTOR deems necessary.
2.6. Within ten (10) days after the Effective Date of the Agreement (unless otherwise specified
in the General Requirements), CONTRACTOR shall submit to ENGINEER for review:
2.6.1 An estimated progress schedule indicating the starting and completion
dates of the various stages of the Work;
2.6.2. A preliminary schedule of Shop Drawing submissions; and
2.6.3. A preliminary schedule of values for all of the Work which will include
quantities and prices of items aggregating the Contract Price and will subdivide the Work into
component parts in sufficient detail to serve as the basis for progress payments during construction.
Such prices will include an appropriate amount of overhead and profit applicable to each item of
Work which will be confirmed in writing by CONTRACTOR at the time of submission.
Preconstruction Conference:
2.7. Within twenty (20) days after the Effective Date of the Agreement, but before
CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR, ENGINEER and
others as appropriate will be held to discuss the schedules referred to in paragraph 2.6, to discuss procedures
for handling Shop Drawings and other submittals and for processing Applications for Payment, and to
establish a working understanding among the parties as to the Work.
Finalizing Schedules:
2.8 At least ten (10) days before submission of the first Application for Payment, a conference
attended by CONTRACTOR, ENGINEER and others as appropriate will be held to finalize the schedules
submitted in accordance with paragraph 2.6. The finalized progress schedule will be acceptable to
ENGINEER as providing an orderly progression of the Work to completion within the Contract Time, but
such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work
nor relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing
submissions will be acceptable to ENGINEER as providing a workable arrangement for processing the
submissions. The finalized schedule of values will be acceptable to ENGINEER as to form and substance.
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ARTICLE 3
CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire agreement between ENGINEER and
CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by
one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law
of the place of the Project.
3.2. 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. Any Work, materials or
equipment that may reasonably be inferred from the Contract Documents as being required to produce the
intended result will be supplied whether or not specifically called for. When words which have a well -known
technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted
in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical
society, organization or association, or to the Laws or Regulations of any governmental authority, whether
such reference by specific or by implications, shall mean the latest standard specification, manual, code or
Laws or Regulations in effect at the time of opening of Proposals (or, on the Effective Date of the Agreement
if there were no Proposals), except as may be otherwise specifically stated. However, no provision of any
referenced standard specification, manual or code (whether or not specifically incorporated by reference in the
Contract Documents) shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR
or ENGINEER, or Documents, nor shall it be effective to assign to ENGINEER, or any of ENGINEER's
consultants, agents or employees, any duty or authority to undertake responsibility contrary to the provisions
of paragraphs 9.15 or 9.16. Clarifications and interpretations of the Contract Documents shall be issued by
ENGINEER as provided in paragraph 9.4.
3.3. If, during the performance of the Work, CONTRACTOR finds a conflict, error or
discrepancy in the Contract Documents, CONTRACTOR shall so report to ENGINEER in writing at once and
before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from
ENGINEER, however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report
any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge
thereof or should reasonably have known thereof.
3.3.1. Failure to report a conflict, error or discrepancy shall be deemed as
evidence that the CONTRACTOR has elected to proceed in the more expensive manner, at
CONTRACTOR's expense.
If the drawings disagree in themselves, figures shall govern over scaled measurements, large scale
drawings shall govern over small scale drawings, the greater quantity of work or materials shall be
fumished or performed; descriptive writings shall govern over legends indicating material or
conditions and the Agreement takes precedence over all other contract documents.
Amending and Supplementing Contract Documents:
3.4. The Contract Documents may be amended to provide for additions, deletions and revisions
in the Work or to modify the terms and conditions thereof in one or more of the following ways:
3.4.1. A formal Written Amendment,
3.4.2. A Change Order (pursuant to paragraph 10.4), or
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3.4.3. A Work Directive Change (pursuant to paragraph 10.1).
As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a
Change Order or a Written Amendment.
3.5. In addition, the requirements of the Contract Documents may be supplemented, and minor
variations and deviations in the Work may be authorized, in one or more of the following ways:
3.5.1. A Field Order (pursuant to paragraph 9.5).
3.5.2. ENGINEER's approval of a Shop Drawing or sample (pursuant to
paragraphs 6.26 and 6.27), or
3.5.3. ENGINEER's written interpretation or clarification (pursuant to
paragraph 9.4).
Reuse of Documents:
3.6. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization
performing or furnishing any of the Work under a direct or indirect contract with ENGINEER shall 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; and they shall reuse any of them on extensions of
the Project or any other project without written consent of OWNER and ENGINEER and specific written
verification or adaptation by ENGINEER.
ARTICLE 4
AVAILABILITY OF LANDS; PHYSICAL
CONDITIONS: REFERENCE POINTS
Availability of Lands:
4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the
Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are
designated for the use of CONTRACTOR. Easements for permanent structures or permanent changes in
existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract
Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands, rights -of -way or
easements entitles CONTRACTOR to an extension of the Contract Time, CONTRACTOR may make a claim
therefor as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto
that may be required for temporary construction facilities or storage of materials and equipment.
Physical Conditions:
4.2.1. Explorations and Reports: Reference is made to those reports of explorations and
tests of subsurface conditions at the site that have been utilized by ENGINEER in preparation of the
Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in
such reports, but not upon non - technical data, interpretations or opinions contained therein or upon
the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately
preceding sentence and in paragraph 4.2.6, CONTRACTOR shall have full responsibility with
respect to subsurface conditions at the site. Core boring data, including groundwater elevations or
conditions if shown on the Drawings or attached to the Specifications, are presented only as
information that is available indicating certain conditions found and limited to the exact locations and
dates shown. Water levels shown by the aforesaid core boring data will not necessarily be
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maintained at the indicated levels during the construction time.
4.2.2. Existing Structures: Reference is made to those drawings of physical conditions in
or relating to existing surface and subsurface structures (except Underground Facilities referred to in
paragraph 4.3) which are at or contiguous to the site that have been utilized by ENGINEER in
preparation of the Contract Documents. CONTRACTOR may rely upon the accuracy of the
technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's
purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6,
CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to
such structures. Drawings provided by ENGINEER are not guaranteed as record or as-built
information. The drawings represent the best available information on existing facilities.
4.2.3. Report of Differing Conditions: If CONTRACTOR believes that:
4.2.3.1. Any technical data on which CONTRACTOR is entitled to rely as
provided in paragraphs 4.2.1 and 4.2.2 is inaccurate, or
4.2.3.2. Any physical condition uncovered or revealed at the site differs
materially from that indicated, reflected or referred to in the Contract Documents.
CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work in connection
therewith (except in an emergency as permitted by paragraph 6.11), notify OWNER and ENGINEER in
writing about the inaccuracy or difference.
4.2.4 ENGINEER's Review: ENGINEER will promptly review the pertinent
conditions, determine the necessity of obtaining additional explorations or tests with respect thereto
and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and
conclusions.
4.2.5. Possible Document Change: If ENGINEER concludes that there is a material
error in the Contract Documents or that because of newly discovered conditions a change in the
Contract Documents is required, a Work Directive Change or a Change Order will be issued as
provided in Article 10 to reflect and document the consequences of the inaccuracy or difference.
4.2.6. Possible Price and Time Adjustments: In each such case, an increase or decrease
in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof,
will be allowable to the extent that they are attributable to any such inaccuracy or difference. If
ENGINEER and CONTRACTOR are unable to agree as to the amount or length thereof, a claim
may be made therefor as provided in Articles 1 I and 12.
Physical Conditions- Underground Facilities:
4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract
Documents with respect to existing Underground Facilities at or contiguous to the site is based on information
and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others.
Unless it is otherwise expressly provided in the Supplementary Conditions:
4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or
completeness of any such information or data; and
4.3.1.2. CONTRACTOR shall have full responsibility for reviewing and
checking all such information and data, for locating all Underground Facilities shown or indicated in
the Contract Documents, for coordination of the Work with the owners of such Underground
Facilities during construction, for the safety and protection thereof as provided in paragraph 6.20 and
repairing any damage thereto resulting from the Work, the cost of all of which will be considered as
having been included in the Contract Price.
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4.3.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or
contiguous to the site which was not shown or indicated in the Contract Documents and which
CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly
after becoming aware thereof and before performing any Work affected thereby (except in an emergency as
permitted by paragraph 6.22), identify the owner of such Underground Facility and give written notice thereof
to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility
to determine the extent to which the Contract Documents should be modified to reflect and document the
consequences of the existence of the Underground Facility, and the Contract Documents will be amended or
supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety
and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed
an increase in the Contract Price or an existence of any Underground Facility that was not shown or indicated
in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware
of If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
Reference Points:
4.4. ENGINEER 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 (unless otherwise specified in the General
Requirements), shall protect and preserve the established approval of the ENGINEER. CONTRACTOR shall
report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of
such reference points by professionally qualified personnel.
ARTICLE 5
BONDS AND INSURANCE
Performance and Other Bonds:
5.1. If required, CONTRACTOR shall file a Public Construction Bond in the full amount of the
Contract price in accordance with the requirements of Florida Statues Section 255.05, as amended, as security
for the faithful performance of the Contract the payment of all persons supplying labor and materials for the
construction of the work, and to cover all guarantees against defective workmanship or materials, or both,
during the warranty period following the date of final acceptance of the work by OWNER and ENGINEER.
The Surety furnishing this bond shall have a sound financial standing and a record of service satisfactory to
OWNER and ENGINEER, and shall be authorized to do business in the State of Florida. The Surety
furnishing this bond must also be an entity included in the most recent United States Department of Treasury
list of acceptable sureties.
5.2. If the Surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of the Project is locate or it ceases
to meet the requirements of paragraph 5.1, CONTRACTOR shall, within five (5) days thereafter, substitute
another Bond and Surety, both of which must be acceptable to OWNER and ENGINEER.
Contractor's Insurance:
5.3. CONTRACTOR shall purchase and maintain such commercial general liability and other
insurance as it is appropriate for the Work being performed and furnished and as will provide protection from
claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of
the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be
performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed
by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable,
as follows:
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5.3.1. Claims under workers' compensation, disability benefits and other similar
employee benefits acts, including private entities performing Work at the site and exempt from the
coverage on account of number of employees or occupation, which entities shall maintain voluntary
compensation coverage at the same limits specified for mandatory coverage for the duration of the
Project;
5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or
death of CONTRACTOR's employees, or persons or entities excluded by statute from the
requirements of paragraph 5.3.1 but required by the Contract Documents to provide the insurance
required by that paragraph;
5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any
person other than CONTRACTOR's employees;
5.3.4. Claims for damages insured by personal injury liability coverage which are
sustained (a) by any person as a result of an offense directly or indirectly related to the employment
of such person by CONTRACTOR, or (b) by any other person for any other reason;
5.3.5. 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;
5.3.6. Claims arising out of operation of Laws or Regulations for damages because of
bodily injury or death of any person or for damage to property; and
5.3.7. 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 insurance required by this paragraph 5.3 shall include the specific coverages and be written for
not less than the limits of liability and coverages provided in these General Conditions, or required
by law, whichever is greater. All of the policies of insurance so required to be purchased and
maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement
that the coverage afforded will not be canceled, materially changed or renewal refused until at least
thirty (30) days' prior written notice has been given to OWNER and ENGINEER by certified mail.
All such insurance shall remain in effect until final payment and at all times thereafter when
CONTRACTOR may be correcting, removing or replacing defective Work in accordance with
paragraph 13.12. In addition, the commercial general liability insurance shall include completed
operations insurance and CONTRACTOR shall maintain such insurance for at least two (2) years
after final payment and furnish OWNER AND ENGINEER with evidence of continuation of such
insurance at final payment and one (1) year thereafter.
5.4 The limits of liability for the insurance required of CONTRACTOR shall provide coverage
for not less than the following amounts:
Workers' Compensation:
1. Florida Statutory Requirements
2. Applicable Federal
Statutory Requirements
Commercial General Liability:
Bodily Injury/Property Damage
Each Occurrence $1,000,000
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Aggregate $2,000,000
Commercial Automobile Liability:
(Owned- leased- non -owned & hired)
Bodily Injury/Property Damage
Each Occurrence $ 500,000
(Combined Single Limit)
Excess Liability:
Umbrella Form: $1,000,000
The following names shall be added as additional insured on CONTRACTOR'S commercial general liability,
commercial automobile liability and excess liability policies:
OWNER
City of Boynton Beach
Boynton Beach, Florida
ENGINEER
ARCADIS U. S., Inc.
2081 Vista Parkway, Suite 200
West Palm Beach, Florida 334011
5.5. CONTRACTOR shall deliver a certificate of insurance evidencing such coverage to
ENGINEER. The additional liability coverage for ENGINEER is not to be construed as requiring, in any
way, that either OWNER or CONTRACTOR be obligated to supply insurance protecting ENGINEER for its
liability emanating from professional errors or omissions. All insurance shall contain a provision that
coverage afforded will not be canceled, materially changed or renewal refused until at least thirty (30) days
prior written notice has been given to OWNER and ENGINEER.
Commercial Liability Insurance:
5.6 The commercial general liability insurance required by paragraph 5.3 will include
contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.30 and 6.31.
Acceptance of Insurance:
5.7.1. If OWNER has any objection to the coverage afforded by or other
provisions of the insurance being purchased and maintained by CONTRACTOR subsequent to
issuance of the Notice to Proceed on the basis of its not complying with the Contract Documents,
Owner shall notify CONTRACTOR in writing thereof within thirty (30) days of date from receipt of
notice of changed or dropped coverage by OWNER. CONTRACTOR shall provide to OWNER
such additional information in respect of insurance provided as OWNER may reasonably request. In
the event of changed conditions, OWNER may require CONTRACTOR to supplement or require
such additional insurance as OWNER may reasonably request.
5.7.2 In case of the breach by CONTRACTOR of any insurance provision
stated in the Contract Documents, OWNER, at his option, may take out and maintain, at the expense
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of CONTRACTOR, such insurance as OWNER may deem proper and OWNER may deduct the cost
of such insurance from any monies which may be due or become due CONTRACTOR under this
Agreement.
Partial Utilization- Property Insurance:
5.8. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to
Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with
paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in writing effected the changes in coverage
necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the
policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use
or occupancy.
ARTICLE 6
CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1 CONTRACTOR shall supervise 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, but CONTRACTOR shall not be responsible
for the negligence of others in the design or selection of a specific means, method, technique, sequence or
procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR
shall be responsible to see that the finished Work complies accurately with the Contract Documents.
6.1.1. The Contract Documents are intended to communicate the nature of the
design, concept and scope of the Work. CONTRACTOR shall be responsible for the construction
and coordination of the parts and all systems shall be completely compatible and fully functional
without additional cost.
6.2 During the progress of the Work, CONTRACTOR shall continuously employ a
competent resident superintendent, who shall not be replaced without written notice to OWNER and
ENGINEER, except under extraordinary circumstances. The superintendent will be CONTRACTOR's
representative at the site and shall have authority to act on behalf of CONTRACTOR. All
communications given to the superintendent shall be as binding as if given to CONTRACTOR.
Labor, Materials and Equipment:
63. CONTRACTOR shall provide competent, suitable 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. Except in connection with the safety or protection of persons or
the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract
Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will
not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without
OWNER's written consent given after prior written notice to ENGINEER.
6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and
assume full responsibility for all 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 furnishing, performance, testing, start -up and
completion of the Work
6.5. All materials and equipment shall be of good quality and new, except as otherwise provided
in the Contract Documents. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the kind and quality of materials and equipment. All materials and
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equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with
the instructions of the applicable supplier, except as otherwise provided in the Contract Documents; but no
provision of any such instructions will be effective to assign to ENGINEER, or any of ENGINEER's
consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of
the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 and
9.16.
Adjusting Progress Schedule:
6.6. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in
paragraph 2.9) adjustments in the progress schedule to reflect the impact thereon of new developments); these
will conform generally to the progress schedule then in effect and additionally will comply with any
provisions of the General Requirements applicable thereto.
Substitutes or "Equivalent or Equal" Items:
6.7.1. Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular Supplier, the naming
of the item is intended to establish the type, function and quality required. Unless the name is
followed by words indicating that no substitution is permitted, materials or equipment of other
Suppliers may be accepted by ENGINEER if sufficient information is submitted by CONTRACTOR
to allow ENGINEER to determine that the material or equipment proposed is equivalent or equal to
that named. The procedure for review by ENGINEER will include the following as supplemented in
the General Requirements. Requests for review of substitute items of material and equipment will
not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR
wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make
written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will
perform adequately the functions and achieve the results called for by the general design, be similar
and of equivalent or equal substance to that specified and be suited to the same use as the specified.
The application will state that the evaluation and acceptance of the proposed substitute will not
prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not
acceptance of the substitute for use 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 work on the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use of the
substitute in connection with the Work is subject to payment of any license fee or royalty. All
variations of the proposed substitute from that specified will be identified in the application and
available maintenance, repair and replacement service will be indicated. The application will also
contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such
substitute, including costs of redesign and claims of other contractors affected by the resulting
change, all of which shall be considered by ENGINEER in evaluating the proposed substitute.
ENGINEER may require CONTRACTOR to furnish, at CONTRACTOR's expense, additional data
about the proposed substitute.
6.7.2. If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a
substitute means, method sequence, technique or procedure of construction acceptable to
ENGINEER, if CONTRACTOR submits sufficient information to allow ENGINEER to determine
that the substitute proposed is equivalent to that indicated or required by the Contract Documents.
The procedure for review by ENGINEER will be similar to that provided in paragraph 6.7.1 as
applied by ENGINEER and as may be supplemented in the General Requirements.
6.7.3. ENGINEER will be allowed a reasonable time within which to evaluate each
proposed substitute. ENGINEER will be the sole judge of acceptability, and no substitute will be
ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced
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by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to
furnish, at CONTRACTOR's expense, a special performance guarantee or other surety with respect
to any substitute. ENGINEER will record time required by ENGINEER and ENGINEER's
consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the
Contract Documents occasioned thereby. Whether or not ENGINEER accepts a proposed substitute,
CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's
consultants for evaluating each proposed substitute.
Concerning Subcontractors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcontractor, Suppliers or other person or
organization (including those acceptable to OWNER and ENGINEER as indicated in
paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or
ENGINEER may have reasonable objection. CONTRACTOR shall not be required to
employ any Subcontractor, Supplier or other person or organization to furnish or perform
any of the Work against whom CONTRACTOR has reasonable objection.
6.8.2. If the OWNER requires the identity of certain Subcontractors, Suppliers or other
persons or organizations (including those who are to furnish the principal items of materials
and equipment) to be submitted to OWNER in advance of the specified date of the
Agreement for acceptance by OWNER, and if CONTRACTOR has submitted a list thereof,
OWNER's or ENGINEER's acceptance (either in writing or by failing to make written
objection thereto by the date indicated for acceptance or objection in the proposal
documents or the Contract Documents) of any such Subcontractor, Supplier or other person
or organization so identified may be revoked on the basis of reasonable objection after due
investigation, in which case CONTRACTOR shall submit an acceptable substitute, the
Contract Price will be increased by the difference in the cost occasioned by such
substitution and an appropriate Change Order will be issued or Written Amendment signed.
No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other
person or organization shall constitute a waiver of any right of OWNER or ENGINEER to
reject defective Work.
6.9. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all
acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing
or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as
CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the
Contract Documents shall create any contractual relationship between OWNER or ENGINEER and
any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on
the part of OWNER or ENGINEER to pay or to see to the payment of any monies due any such
Subcontractor, Supplier or other person or organization except as may otherwise by required by
Laws and Regulations.
6.10. 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.
6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to
an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds
the Subcontractor to the applicable terns and conditions of the Contract documents for the benefit of
OWNER and ENGINEER and contains waiver provisions as required by paragraph 5.11.
CONTRACTOR shall pay each Subcontractor a just share of any insurance monies received by
CONTRACTOR on account of losses under policies issued pursuant to Article 5.
Patent Fees and Royalties:
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6.12. 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. CONTRACTOR shall indemnify and hold harmless
OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all
claims, damages, losses and expenses (including attorneys' fees and court and arbitration costs) arising out of
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, and shall defend all such claims in connection with any alleged infringement of such
rights.
Permits:
6.13. CONTRACTOR shall obtain and pay for all construction permits and licenses and shall pay
the costs for the provision of all utility services required for the Work. 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.
Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations
applicable to furnishing and 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.
6.14.2. If CONTRACTOR observes that the Specifications or Drawings are at variance
with any Laws or Regulations, CONTRACTOR shall give ENGINEER prompt written notice
thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph
3.4. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to
such Laws or Regulations, and without such notice to ENGINEER, CONTRACTOR shall bear all
costs arising therefrom, however, it shall not be CONTRACTOR's primary responsibility to make
certain that the Specifications and Drawings are in accordance with such Laws and Regulations.
Taxes:
6.15. 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.
Use of Premises:
6.16. CONTRACTOR shall confine construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas identified in and permitted by
the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits
and easements, and shall not unreasonably encumber the premises with construction equipment or other
materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or
area, or to the owner or occupant therefor of any land or areas contiguous thereto, resulting from the
performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or
occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such
other party by agreement or to otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to
the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless
from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers,
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architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or
consequentially out of any action, legal or equitable, brought by any such other party against OWNER or
ENGINEER to the extent based on a claim arising out of CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR shall keep the premises fee from
accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the
Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises, as
well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the
site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all
property not designated for alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
Record Documents:
6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings,
Specifications, Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and
written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to
show all changes made during construction. These record documents, together with all approved samples and
a counterpart of all approved Shop Drawings, will be available to ENGINEER for reference and examination
and shall be delivered to ENGINEER for OWNER upon Substantial Completion of the Work.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions
for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to:
i. All employees on the Work and other persons and organizations who may be
affected thereby;
ii. All the Work and materials and equipment to be incorporated therein, whether in
storage on or off the site; and
iii. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities and Underground Facilities not designated for removal,
relocation or replacement in the course of construction.
CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having
jurisdiction for the safety of persons or property or to protect them from damage, injury or loss and shall erect
and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of
adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect
them, and shall cooperate with them in the protection, removal, relocation and replacement of their property.
All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.30.3 caused, directly or
indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or
organization directly or indirectly employed by any of them to perform furnish any of the Work or anyone for
whose acts any of them may be liable, shall be remedied by CONTRACTOR (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 either of them or anyone for whose acts either of them may be liable, and not
attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR).
CONTRACTOR's duties and responsibilities for the safety and protection of the Work 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 14.13 that the Work is acceptable (except as otherwise expressly provided in
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connection with Substantial Completion).
6.21. CONTRACTOR shall designate a responsible representative at the site whose duty shall be
the prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise
designated in writing by CONTRACTOR to OWNER.
Emergencies:
6.22. In emergencies affecting the safety or protection of persons or the Work or property at the
site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER or
OWNER, 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. If ENGINEER determines that a change
in the Contract Documents is required because of the action taken in response to an emergency, a Work
Directive Change or Change Order will be issued to document the consequences of the changes or variations.
Shop Drawings and Samples:
6.23. After checking and verifying all field measurements and after complying with applicable
procedures specified in the General Requirements, CONTRACTOR shall submit to ENGINEER for review
and approval in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.9), or
for other appropriate action if so indicated in the Supplementary conditions, five copies (unless otherwise
specified in the General Requirements) of all Shop Drawings, which will bear a stamp or specific written
indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract
Documents with respect to the review of the submission. All submissions will be identified as ENGINEER
may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions,
specified performance and design criteria, materials and similar data to enable ENGINEER to review the
information as required.
6.24. CONTRACTOR shall also submit to ENGINEER for review and approval with such
promptness as to cause no delay in Work all samples required by the Contract Documents. All samples will
have been checked by and accompanied by a specific written indication that CONTRACTOR has satisfied
CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the submission
and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for
which intended. Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined
and verified all quantities, dimensions, specified performance criteria, installation requirements, materials,
catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or
sample with other Shop Drawings and samples and with the requirements of the Work and the Contract
Documents. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice
of each variation that the Shop Drawings or samples may have from the requirements of the Contract
Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to
ENGINEER for review and approval of each variation.
6.26. ENGINEER will review and approve with reasonable promptness Shop Drawings and
samples, but ENGINEER's review and approval will be only for conformance with the design concept of the
Project and for compliance with the information given in the Contract Documents and shall not extend to
means, methods, techniques, sequences or procedures of construction (except where a specific means, method,
technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to
safety precautions or programs incident thereto. The review and approval of a separate item as such will not
indicate approval of the assembly in which the item functions. CONTRACTOR shall made 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. The words
"reasonable promptness" as used in this paragraph 6.26. shall mean that the Shop Drawings and/or samples
will be placed in the mail for return to Contractor within fourteen (14) days after their arrival in the
ENGINEER's office.
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6.27. ENGINEER's review and approval of Shop Drawings or samples shall not relieve
CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents
unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of
submission as required by paragraph 6.25.2 and ENGINEER has given written approval of each such
variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample
approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or
omissions in the Shop Drawings or from responsibility for having complied with the provisions of paragraph
6.25.1.
6.28. Where a Shop Drawing or sample is required by the Specifications, any related Work
performed prior to ENGINEER's review and approval of the pertinent submission will be the sole expense and
responsibility of CONTRACTOR.
Continuing the Work:
6.29. 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, except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may
otherwise agree in writing.
Indemnification:
6.30. CONTRACTOR hereby agrees to indemnify and hold harmless OWNER (and its directors,
officers, employees, agents and independent contractors) from and against all claims, damages, losses and
expenses, direct, indirect and consequential (including, but not limited to, fees and charges of engineers,
architects, attorneys and other professionals and court costs) arising out of or resulting from the performance
of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of tangible property other than the Palm Beach
Gardens, Florida Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in
part by any intentional or negligent act or omission of CONTRACTOR, any Subcontractor, any person or
organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone
for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party
indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any
such party. CONTRACTOR acknowledges that one (1 %) percent of the Contract Price represents specific
consideration to CONTRACTOR for the indemnifications set forth above and elsewhere in the Contract
Documents.
6.31. In any and all claims against OWNER or ENGINEER or any of their consultants, agents or
employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of
them may be liable, the indemnification obligation under paragraph 6.30 shall not be limited in any way by
any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR
or any such Subcontractor or other person or organization under workers' or workmen's compensation acts,
disability benefit acts or other employee benefit acts.
6.32. The obligations of CONTRACTOR under paragraph 6.30 shall not extend to the liability of
ENGINEER, ENGINEER's consultants, agents or employees arising out of the preparation or approval of
maps, drawings, opinions, reports, surveys, Change Orders, design or specifications.
ARTICLE 7
OTHER WORK
Related Work at Site:
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7.1. OWNER may perform other work related to the Project at the site by OWNER's own
forces, have other work performed by utility owners or let other direct contracts therefor which shall contain
General Conditions similar to these. If the fact that such other work is to be performed was not noted in the
Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other
work; and, if CONTRACTOR believes that such performance will involve additional expense to
CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof,
CONTRACTOR may make a claim therefor as provided in Articles 11 and 12.
7.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such
direct contract (or OWNER, if OWNER is performing the additional work with OWNER's employees) proper
and safe access to the site and a reasonable opportunity for the introduction and storage of materials and
equipment and the execution of such work, and shall properly connect and coordinate the Work with the work
being performed by the party performing such additional work. CONTRACTOR shall do all cutting, fitting
and patching of the Work that may be required to make its several parts come together properly and integrate
wish such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or
otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and
others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph
are for the benefit of such utility owners and other contractors to the extent that there are comparable
provisions for the benefit of CONTRACTOR is said direct contracts between OWNER and such utility
owners and other contractors.
7.3. If any part of CONTRACTOR's Work depends for proper execution or results upon the
work of any such other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly
report to ENGINEER in writing any delays, defects or deficiencies in such work that render it unavailable or
unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an
acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent
or non - apparent defects and deficiencies in the other work.
Coordination:
7.4. If OWNER contracts with others for the performance of other work on the Project at the
site, the person or organization who will have authority and responsibility for coordination of the activities
among the various prime contractors will be identified in these General Conditions, and the specific matters to
be covered by such authority and responsibility will be itemized, and the extent of such authority and
responsibilities will be provided, in these General Conditions. Unless otherwise provided in these General
Conditions, neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such
coordination.
ARTICLE 8
OWNER'S RESPONSIBILITIES
8.1. OWNER shall issue all communications to CONTRACTOR through ENGINEER.
8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an
engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract
Documents shall be that of the former ENGINEER. Any dispute in connection with such appointment shall
be subject to arbitration.
8.3. OWNER shall furnish the data required of OWNER under the Contract Documents
promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs
14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and easements and providing engineering
surveys to establish reference points are set forth in paragraphs 4.1. and 4.4. Paragraph 4.2 refers to
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OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of
subsurface conditions at the site and in existing structures which have been utilized by ENGINEER in
preparing the Drawings and Specifications.
8.5. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4.
8.6. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in
paragraph 13.4.
8.7. In connection with OWNER's right to a stop Work or suspend Work, see paragraphs 13.10
and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain
circumstances.
ARTICLE 9
ENGINEER'S STATUS DURING CONSTRUCTION
Owner's Representative:
9.1. Upon OWNER's written direction, 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 Documents and shall not be
extended without written consent of OWNER and ENGINEER.
Visits to Site:
9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of
construction to observe and inspect the progress and quality of the executed Work and to determine, in
general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be
required to make exhaustive or continuous on -site inspections 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 to the Contract Documents. On the basis of such visits and on -site observations
as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress
of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work.
Project Representation:
9.3. Upon OWNER's direction in writing, ENGINEER will furnish a Resident Project Representative to
assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of
authority of any such Resident Project Representative and assistant will be as provided in a separate written
document. If OWNER designates another agent to represent OWNER at the site who is not ENGINEER's
agent or employee, the duties, responsibilities and limitations of authority of such other person will be as
provided in a separate written document.
Clarifications and Interpretations:
9.4. ENGINEER will issue with reasonable promptness such written clarifications or
interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as
ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall
intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation
justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to
agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article I 1 or
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Article 12.
Authorized Variations in Work:
9.5. ENGINEER may authorize minor variations in the Work from the requirements of the
Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are
consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order
and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved
promptly. If CONTRACTOR believes that a Field Order justifies an increase in the contract Price or an
extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof,
CONTRACTOR may make a claim therefor as provided in Articles 11 or 12.
Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove or reject work which ENGINEER believes to
be defective, and will also have authority to require special inspection or testing of the Work as provided in
paragraph 13.9, whether or not the Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.7. In connection with ENGINEER's responsibility for Shop Drawings and samples, see
paragraphs 6.23 through 6.29, inclusive.
9.8. In connection with ENGINEER's responsibilities as to Change Orders, see Articles 10, 11
and 12.
9.9. In connection with ENGINEER's responsibilities in respect of Applications for Payment,
etc., see Article 14.
Determinations for Unit Prices:
9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work
performed by CONTRACTOR. ENGINEER will review with CONTRACTOR 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 decisions thereon will be final and binding
upon OWNER and CONTRACTOR, unless, within ten (10) days after the date of any such decision, either
OWNER or CONTRACTOR delivers to the other party to the Agreement and to ENGINEER written notice
of intention to appeal from such a decision.
Decisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents
and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the
acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the
performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the
Contract Price or Contract Time will be referred initially to ENGINEER in writing, with a request for a formal
decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable
time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to
ENGINEER and other party to the Agreement promptly (but in no event later than thirty (30) days after the
occurrence of the event giving rise thereto, and written supporting data will be submitted to ENGINEER and
the other party within sixty (60) days after such occurrence unless ENGINEER allows an additional period of
time to ascertain more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under paragraph 9.10 and 9.11, ENGINEER will
not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation
or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to
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paragraphs 9. 10 and 9.11 with respect to any such claim, dispute or other matter (except any which have been
waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise
have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other
matter.
Limitations on ENGINEER's Responsibilities:
9.13. Neither ENGINEER's authority to act under this Article 9 or elsewhere in the contract
Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such
authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Subcontractor,
any Supplier, or any other person or organization performing any of the Work, or to any surety for any of
them.
9.14. ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques,
sequences or procedures of construction, or the safety precautions and programs incident thereto, and
ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in
accordance with the Contract Documents.
9.15. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any
Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work.
ARTICLE 10
CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any
time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by a
Written Amendment, a Change Order, or a Work Directive Change. Upon receipt of any such document,
CONTRACTOR shall promptly proceed with the Work involved which will be performed under the
applicable conditions of the Contract Documents (except as otherwise specifically provided).
10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase
or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as
a result of a Work Directive Change, a claim may be made therefor as provided in Article 1 I or Article 12.
10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of
the Contract Time with respect to any Work performed that is not required by the Contract Documents as
amended, modified and supplemented as provided in paragraphs 3.4 and 3.5, except in the case of an
emergency as provided in paragraph 6.22 and except in the case of uncovering Work as provided in paragraph
13.9.
10.4. OWNER and CONTRACTOR shall execute appropriate Change orders (or Written
Amendments) covering:
i. Changes in the Work which are ordered by OWNER pursuant to paragraph 10. 1,
are required because of acceptance of defective Work under paragraph 13.13 or correcting defective
Work under paragraph 13.14, or are agreed to by the parties;
and
ii. Changes in the Contract Price or Contract Time which are agreed to by the parties;
iii. Changes in the Contract Price or Contract Time which embody the substance of
any written decision rendered by ENGINEER pursuant to paragraph 9.13; provided that, in lieu of
executing any such Change Order, an appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable Laws and Regulations, but during any
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such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as
provided in paragraph 6.29.
10.5. If notice 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 Time) is required by the
provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's
responsibility, and the amount of each applicable Bond will be adjusted accordingly.
ARTICLE 11
CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments)
payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to
or undertaken by CONTRACTOR shall be at its expense without change in the Contract price.
11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment.
Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the
party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty (30)
days after the occurrence of the event giving rise to the claim and stating the general nature of the claim.
Notice of the amount of the claim with supporting data shall be delivered within sixty (60) days after such
occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support
of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all
known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the
occurrence of said event. All claims for adjustment in the Contract Price shall be determined by ENGINEER
in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract price will be valid if not submitted in accordance with
this paragraph 11.2.
11.3. The value of any Work covered by a Change Order or of any claim for an increase or
decrease in the Contract Price shall be determined in one of the following ways;
i. Where the Work involved is covered by unit prices contained in the Contract
Documents, by application of unit prices to the quantities of the items involved (subject to the
provisions of paragraphs 11.9.1 through 11.9.3, inclusive),
ii. By mutual acceptance of a lump sum (which may include an allowance for
overhead and profit not necessarily in accordance with paragraph 11.6.2.1), or
iii. On the basis of the Cost of the Work (determined as provided in paragraphs 11.4
and 11.5) plus a CONTRACTOR's Fee for overhead and profit (determined as provided in
paragraphs 11.6 and 11.7).
Cost of the Work:
11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by
CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by
OWNER, such costs shall be in the amounts no higher than those prevailing in the locality of the Project, shall
not include any of the costs itemized in paragraph 11.5 and shall include only the following items:
11.4.1. 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. 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' or workmen's compensation, health
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and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such
employees shall include superintendents and foremen at the site. The expenses of performing Work
after regular working hours, on Saturday, Sunday or legal holidays shall be included in the above to
the extent authorized by OWNER.
11.4.2. 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 case 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 all returns from sale of surplus
materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so
that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive proposals from
Subcontractors acceptable to CONTRACTOR and shall deliver such proposals to OWNER, who will
then determine, with the advice of ENGINEER, which proposals will be accepted. If a 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 shall be determined in the same manner as CONTRACTOR's Cost
of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents
insofar as applicable.
11.4.4. 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.
11.4.5. Supplemental costs including the following:
11.4.5.2. 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.
11.4.5.3. 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, installation, dismantling and removal thereof - all in accordance with 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.
11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which
CONTRACTOR is liable, imposed by Laws and Regulations.
11.4.5.5. 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.
11.4.5.6. Losses and damages (and related expenses) not compensated by
insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with
the performance and furnishing of the Work (except losses and damages within the deductible
amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided
they have resulted from causes other than the intentional acts or 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. If, however, any such loss or damage
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requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be
paid for services a fee proportionate to that stated in paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site.
11.4.5.8. Minor expenses such as telegrams, long distance telephone calls,
telephone service at the site, expressage and similar petty case items in connection with the Work.
11.4.5.9. Cost of premiums for additional Bonds and insurance required because of
changes in the Work and premiums for property insurance coverage within the limits of the
deductible amounts established by OWNER.
11.5. The term Cost of the Work shall not include any of the following:
11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives,
principals (of partnership and sole proprietorships), general managers, engineers, architects,
estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditor,
timekeepers, clerks and other personnel employed by CONTRACTOR, whether at the site or in
CONTRACTOR's principal or a branch office for general administration of the Work and not
specifically included in the agreed upon schedule of job classifications referred to in paragraph
11.4.1 or specifically covered by paragraph 11.4.4 - all of which are to be considered administrative
costs covered by the CONTRACTOR's Fee.
11.5.2. Expenses of CONTRACTOR's principal and branch offices other than
CONTRACTOR's office at the site.
11.5.3. Any part of CONTRACTOR's capital expenses, including interest on
CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for
delinquent payments.
11.5.4. Cost of premium for all Bonds and for all insurance whether or not
CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except
for the cost of premiums covered by subparagraph 11.4.5.9 above).
11.5.5. Cost due to the intentional acts or 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.
11.5.6. Other overhead or general expense costs of any kind and the costs of any item not
specifically and expressly included in paragraph 11.4.
CONTRACTOR's Fee:
11.6. The CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be
determined as follows:
11.6.1. A mutually acceptable fixed fee; or if none can be agreed upon,
11.6.2. A fee based on the following considerations:
11.6.2.1. For costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's
Fee shall be fifteen percent (15 %) of the Cost of such Work;
11.6.2.2. For costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall
be five percent (5 %) of the Cost of such Work; and if a subcontract is on the basis of Cost of the
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Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of
all Subcontractors shall be fifteen percent (15 %) of the Cost of such Work;
11.6.2.3. No fee shall be payable on the basis of costs itemized under paragraphs
11.4.4, 11.4.5 and 11.5;
11.6.2.4. The amount of credit to be allowed by CONTRACTOR to OWNER for
any such change which results in a net decrease in cost will be the amount of the actual net decrease,
plus a deduction in CONTRACTOR's Fee by an amount equal to ten percent (10 %) of the net
decrease; and
11.6.2.5. 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 11.6.2.1 through 11.6.2.4, inclusive.
11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4. or 11.5,
CONTRACTOR shall submit in form acceptable to ENGINEER an itemized cost breakdown, together with
supporting data.
Cash Allowances:
11.8. 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 done by such Subcontractors or
Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGINEER.
CONTRACTOR agrees that:
11.8.1. The 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
11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation
costs, overhead, profit and other expenses contemplated for the allowances have been included in the
Contract Price and not in allowances. No demand for additional payment on account of any thereof
will be valid.
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.
Unit Price Work:
11.9.1. 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 established unit prices for each separately identified item of Unit Price Work
times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of
items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of
Proposals and determine an initial Contract Price. Determinations of the actual quantities and
classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in
accordance with paragraph 9.10.
11.9.2. 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.
11.9.3. Where 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
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Agreement and there is no corresponding adjustment with respect to any other item of Work and if
CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof,
CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article
11 if the parties are unable to agree as to the amount of any such increase.
ARTICLE 12
CHANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed by a Change Order or a Written Amendment.
Any claim for an extension or shortening of the Contract Time shall be based on written notice delivered by
the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty
(30) days after the occurrence of the event giving rise to the claim and stating the general nature of the claim.
Notice of the extent of the claim with supporting data shall be delivered within sixty (60) days after such
occurrence (unless ENGINEER allows an additional period of time to ascertain written statement that the
adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result
of the occurrence of said event. All claims for adjustment in the Contract Time shall be determined by
ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No
claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the
requirements of this paragraph 12.1.
12.2. All equipment delivery and subcontractor or supplier performance shall be considered to be
within the control of CONTRACTOR. No time extensions shall be granted for delays due to manufacturing,
delivery, or failure to perform under the contract. No time extension shall be granted unless CONTRACTOR
can demonstrate, with the concurrence of ENGINEER, that the Contract Time requires modification.
12.3. All time limits stated in the Contract Documents are of the essence of the Agreement. The
provisions of this Article 12 shall not exclude recovery of damages (including, but not limited to, fees and
charges of engineers, architects, attorneys and other professionals and court and arbitration costs) for delay by
either party.
12.4. Claims for extension of Contract Time will be approved by OWNER only if the item or the
event which causes the delay, affects the path of critical events of the Work. In such case, an extension of
time will then be allowed to equal the number of days by which this path of events is lengthened. If required
by ENGINEER, CONTRACTOR shall indicate this path of critical events, by diagram or narrative, in such
detail as may be necessary to justify the claim and establish the number of days delay. The path of critical
events mentioned herein is defined as that series of interdependent construction events which must be
sequentially performed and which require a longer total time to perform than any other such series.
ARTICLE 13
WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
Warranty and Guarantee:
13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will
be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be
given to CONTRACTOR. All defective work, whether or not in place, may be rejected, corrected or accepted
as provided in this Article 13.
Access to Work:
13.2. ENGINEER and ENGINEER's representatives, other representatives of OWNER, testing
agencies and governmental agencies with jurisdictional interests will have access to the Work at reasonable
times for their observation, inspecting and testing. CONTRACTOR shall provide proper and safe conditions
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for such access.
Tests and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all
required inspections, tests or approvals. Prompt notice of all observed defects shall be given to the
CONTRACTOR. CONTRACTOR shall give at least twenty-four (24) hours notice to ENGINEER prior to
all required inspections, tests or approvals, unless otherwise provided.
13.4. If Laws and Regulation of any public body having jurisdiction require any Work (or part
thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility
therefor, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection,
testing or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with
any inspection or testing required in connection with OWNER's or ENGINEER's acceptance of a Supplier of
materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for
approval prior to CONTRACTOR's purchase thereof for incorporation of the Work. All cost of all
inspections, tests, certifications and approvals required by the Contract Documents shall be paid by the
CONTRACTOR. All re- testing requested by the ENGINEER shall be paid for by the CONTRACTOR.
13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any
public body having jurisdiction shall be performed by organizations acceptable to OWNER and
CONTRACTOR (or by ENGINEER if so specified).
13.6. If any Work (including the work of others) that is to be inspected, tested or approved is
covered without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for
observation. Such uncovering shall be at CONTRACTOR's expense, unless CONTRACTOR has given
ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted
with reasonable promptness in response to such notice.
13.7. Neither observations by ENGINEER nor inspections, tests or approvals by others shall
relieve CONTRACTOR for CONTRACTOR's obligations to perform the Work in accordance with the
Contract Documents.
Uncovering Work:
13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested
by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense.
13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by
ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover,
expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that
portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that
such Work is defective, CONTRACTOR shall bear all direct, indirect and consequential costs of such
uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including, but
not limited to, fees and charges of engineers, architects, attorneys and other professionals), and OWNER shall
be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the
amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to
be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the
Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and
reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may
make a claim therefor as provided in Articles 11 and 12.
Owner May Stop the Work:
13.10 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or
suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed
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Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or
any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop
the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of
CONTRACTOR or any other party.
Correction or Removal of Defective Work:
13.11 If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all
defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by
ENGINEER, remove it from the site and replace it with non - defective Work. CONTRACTOR shall bear all
direct, indirect and consequential costs of such correction or removal (including, but not limited to, fees and
charges of engineers, architects, attorneys and other professionals) made necessary thereby.
One Year Correction Period:
13.12 If within one (1) year after the date of Substantial Completion or such longer period of time
as may be prescribed by Laws or Regulations or 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, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's
written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from
the site and replace it with non- defective Work. If CONTRACTOR does not promptly comply with the terms
of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER
may have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and
consequential costs of such removal and replacement (including, but not limited to, fees and charges of
engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. 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 or by Written Amendment.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and replacement of defective Work, Owner
(and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it,
OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to
OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by
ENGINEER as to reasonableness and to include, but not limited to, fees and charges of engineers, architects,
attorneys and other professionals). If any such acceptance occurs prior to ENGINEER's recommendation of
final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents
with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and,
if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in
Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by
CONTRACTOR to OWNER.
Owner May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to
proceed to correct and to correct defective Work or to remove and replace rejected Work as required by
ENGINEER in accordance with paragraph 13.11 or if CONTRACTOR fails to comply with any other
provision of the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the
Contract Documents, OWNER may, after seven (7) days' written notice to CONTRACTOR, correct and
remedy any such deficiency. In exercising the rights and remedies under this paragraph, OWNER shall
proceed expeditiously to the extent necessary to complete corrective and 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, take possession of CONTRACTOR's tools, appliances, construction
equipment and machinery at the site 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
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allow OWNER, OWNER's representatives, agents and employees such access to the site as may be necessary
to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and
consequential costs of OWNER in exercising such rights and remedies will be charged against
CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and a Change Order will be
issued incorporating the necessary revisions if the Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the Contract price, and, if the parties are unable to
agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such direct,
indirect and consequential costs will include, but not be limited to, fees and charges of engineers, architects,
attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of
work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective
Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in
performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies
hereunder.
ARTICLE 14
PAYMENTS TO CONTRACTOR AND COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for
progress payments and will be incorporated into a form of Application for Payment acceptable to
ENGINEER. Progress payment on account of Unit Price Work will be based on the number of units
completed.
Application for Progress Payment:
14.2. At least twenty (20) days before each progress payment is scheduled (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 and other arrangements to protect OWNER's interest therein, all of which
will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as
stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment
covered by an Application for Payment, whether incorporated in the Project or not, will pass to OWNER not
later than the time of payment, free and clear of all Liens.
Review of Applications for Progress Payment:
14.4. ENGINEER will, within (10) days after receipt of each Application for Payment, either
indicate in writing a recommendation of payment and present the Application to OWNER, or return the
application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend
payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the
Application. Ten (1) days after presentation of the Application for Payment with ENGINEER's
recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph
14.7) become due and when due will be paid by OWNER to CONTRACTOR.
14.5. ENGINEER's recommendation of any payment requested in an Application for Payment
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will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of
the Work in progress as an experienced and qualified design professional and on ENGINEER's review of the
application for Payment and the accompanying data and schedules that the Work has progressed to the point
indicated; that, to the best of ENGINEER's knowledge, information and belief, the quality of the Work is in
accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to
or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to
a final determination of quantities and classifications for Unit Price Work under paragraph 9. 10, and to any
other qualifications stated in the recommendation); and that CONTRACTOR is entitled to payment of the
amount recommended. However, by recommending any such payment ENGINEER will not thereby be
deemed to have represented that exhaustive or continuous on -site inspections have been made to check the
quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the
Contract Documents or that there may not be other matters or issues between the parties that might entitle
CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR.
14.6. ENGINEER's recommendation of final payment will constitute an additional representation
by ENGINEER to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment
as set forth in paragraph 14.13 have been fulfilled.
14.7 ENGINEER may refuse to recommend the whole or any part of any payment, if in
ENGINEER's opinion, it would be incorrect to make such representations to OWNER. ENGINEER may also
refuse to recommend any such payment, or because of subsequently discovered evidence or the results of
subsequent inspections or tests, nullify and such payment previously recommended, to such extent as may be
necessary in ENGINEER's opinion to protect OWNER from loss because:
or replacement;
The Work is defective, or completed Work has been damaged required correction
ii. The Contract Price has been reduced by Written Amendment or Change Order;
iii. OWNER has been required to correct defective Work or complete Work in
accordance with paragraph 13.14; or
iv. Of ENGINEER's actual knowledge of the occurrence of any of the events
enumerated in paragraphs 15.2.1 through 15.2.9, inclusive.
OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have
been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or Liens
have been filed in connection with the Work or there are other items entitling OWNER to a setoff against the
amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to
ENGINEER) stating the reasons for such action.
Substantial Completion:
14.8. 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 (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER
issue a certificate of Substantial Completion. Within a reasonable time thereafter, 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. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and
deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial
Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected
before final payment. OWNER shall have seven (7) days after receipt of the tentative certificate during which
to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after
considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER
will, within fourteen (14) days after submission of the tentative certificate to OWNER, notify
GC -30
CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections,
ENGINEER considers the work substantially complete, ENGINEER will, within said fourteen (14) days,
execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a
revised tentative list of items to be completed or corrected) reflecting such changes from the tentative
certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time
of delivery to OWNER and CONTRACTOR a written recommendation as to division of responsibilities
pending final payment between OWNER and CONTRACTOR with respect to security, operations, safety,
maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise
in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive certificate of Substantial
Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until
final payment.
14.9 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of
Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct
items on the tentative list,
Partial Utilization:
14.10. Use by OWNER of any finished 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 useable part of the Work that can be used by OWNER without significant interference with
CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial
Completion of all the Work subject to the following:
14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER
to use any such part of the Work which OWNER believes to be ready for its intended use and
substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and
ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a
certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may
notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the
Work ready for its intended use and Completion for that part of the Work. 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 the 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 paragraphs 14.8 and 14.9 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.
14.10.2. OWNER may at any time request CONTRACTOR in writing to permit OWNER
to take over operation of any such part of the Work although it is not substantially complete. A copy
of such request will be sent to ENGINEER and within a reasonable time thereafter OWNER,
CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its
status of completion and will prepare a list of the items remaining to be completed or corrected
thereon before final payment. If CONTRACTOR does not object in writing to OWNER and
ENGINEER that such part of the Work is not ready for separate operation by OWNER, ENGINEER
will finalize the list of items to be completed or corrected and will deliver such list to OWNER and
CONTRACTOR, together with a written recommendation as to the division of responsibilities
ending final payment between OWNER and CONTRACTOR with respect to security, operation,
safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which
will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such
operation (unless they shall have otherwise agreed in writing and so informed ENGINEER). During
such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow
CONTRACTOR reasonable access to complete or correct items on said list and to complete other
related Work.
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14.10.3. No occupancy or separate operation of part of the Work will be accomplished
prior to compliance with the requirements of paragraph 5.15 in respect to property insurance.
Final Inspection:
14.11 Upon written notice from CONTRACTOR that the entire Work or an agreed portion
thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will
notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy
such deficiencies.
Final Application for Payment:
14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER
and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of
inspection, marked -up record documents (as provided in paragraph 6.19) and other documents as required by
the Contract Documents, and after ENGINEER has indicated that the Work is acceptable, CONTRACTOR
may make final Application for Payment following the procedure for progress payments. The final
Application for Payment shall be accompanied by all documentation called for in the Contract Documents,
together with complete and legally effective releases or waivers (satisfactory to OWNER) of all liens arising
out of or filed in connection with the Work. In lieu thereof and if approved by OWNER, CONTRACTOR
may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include
all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and
equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property
might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety if any, to
final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full, CONTRACTOR
and furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien.
Final Payment and Acceptance:
14.13. 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 -
all as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and
CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will,
within ten (10) days after receipt of the final Application for Payment, indicate in writing ENGINEER's
recommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER
will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provision
of paragraph 14.16. Otherwise, ENGINEER will return the application 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. Thirty (30) days after presentation to OWNER of the
Application and accompanying documentation, in appropriate form and substance, and with ENGINEER's
recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and
will be paid by OWNER to CONTRACTOR.
14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly
delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application
for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of
the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held
by OWNER for Work not full completed or corrected is less than the retainage stipulated in the Agreement,
and if Bonds have been furnished as required in paragraph 5. 1, the written consent of the surety of the
payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by
CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under
the terms and conditions governing final payment, except that it shall not constitute a waiver of claims.
GC -32
Contractor's Continuing Obligation:
14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the
Contract Documents shall be absolute. Neither recommendation of any progress or final payment by
ENGINEER, or the issuance of a certificate of Substantial Completion, or any payment by OWNER to
CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by
OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a
Shop Drawing or sample submission, nor the issuance of a notice of acceptability by ENGINEER pursuant to
paragraph 14.13, nor any correction of defective Work by OWNER will constitute an acceptance of Work not
in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work
in accordance with the Contract Documents (except as provided in paragraph 14.16).
Waiver of Claims:
14.16. The making and acceptance of final payment will constitute a waiver of all claims by
CONTRACTOR against OWNER other than those previously made in writing and identified by
CONTRACTOR as unsettled at the time of the final Application for Payment.
ARTICLE 15
SUSPENSION OF WORK AND TERMINATION
Owner May Suspend Work:
15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a
period of not more than ninety (90) days by notice in writing to CONTRACTOR and ENGINEER which will
fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed.
CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or
both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided
in Articles l 1 and 12.
Owner May Terminate:
15.2. Upon the occurrence of any one or more of the following events:
i. If CONTRACTOR commences a voluntary case under any chapter of the
Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR
takes any equivalent or similar action by filing a petition or otherwise under any other federal or state
law in effect at such time relating to the bankruptcy or insolvency;
ii. If a petition is filed against CONTRACTOR under any chapter of the Bankruptcy
Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such
equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at
the time relating to Bankruptcy or insolvency;
iii. If CONTRACTOR makes a general assignment for the benefit of creditors;
iv. If a trustee, receiver custodian or agent of CONTRACTOR is appointed under
applicable law or under contract, whose appointment or authority to take charge of property of
CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of
general administration of such property for the benefit of CONTRACTOR's creditors;
become due;
If CONTRACTOR admits in writing an inability to pay its debts generally as they
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vi. If CONTRACTOR persistently fails 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 established under
paragraph 29.9 as reviewed from time to time);
vii. If CONTRACTOR disregards Laws or Regulations of any public body having
jurisdiction;
viii. If CONTRACTOR disregards the authority of ENGINEER; or
ix. If CONTRACTOR otherwise violates in any substantial way any provision of the
Contract Documents:
OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven (7) days' written notice and
to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude
CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances,
construction equipment and machinery at the site and use the same to the full extent they could be used by
CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), 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 finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall
not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract
Price exceeds the direct, indirect and consequential costs of completing the Work (including, but not limited
to, fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs),
such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR
shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness
by ENGINEER and incorporated in a Change Order, but when exercising any rights or remedies under this
paragraph, OWNER shall not be required to obtain the lowest price for the Work performed.
15.3. Where CONTRACTOR's services have been so terminated by Owner, the termination will
not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of monies due CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
15.4. Upon seven (7) days' written notice to CONTRACTOR and ENGINEER, OWNER may,
without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the
Agreement. In such case, CONTRACTOR shall be paid for all Work executed and any expense sustained,
plus reasonable termination expenses, which will include, but not be limited to, direct, indirect and
consequential costs including, but not limited to, fees and charges of engineer, architects, attorneys and other
professionals and court and arbitration costs).
Contractor May Stop Work or Terminate:
15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more
than ninety (90) days by OWNER or under an order of court or other public authority, or ENGINEER fails to
act on any Application for Payment within thirty (30) days after it is submitted, or OWNER fails for thirty
(30) days to pay CONTRACTOR any sum finally determined to be due, the CONTRACTOR may, upon
seven (7) days' written notice to OWNER and ENGINEER, terminate the Agreement and recover from
OWNER payment for all Work executed and any expense sustained, plus reasonable termination expenses. In
addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Application for
Payment or OWNER has failed to make any payment as aforesaid, CONTRACTOR may, upon seven (7)
days' written notice to OWNER and ENGINEER, stop the Work until payment of all amounts then due. The
provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.29 to carry
on Work in accordance with the progress schedule and without delay during disputes and disagreements with
OWNER.
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ARTICLE 16
MISCELLANEOUS
Giving Notice:
16.1. Whenever any provision of the Contract Documents require the giving of written notice, it
will be deemed to have been validly given if delivered in person to the individual or to a member of the firm
or to an officer of the corporation for when it is intended, or if delivered at or sent by registered or certified
mail, postage prepaid, to the last business address known to the giver of the notice.
Computation of Time:
16.2.1. When any period of time is referred to in the Contract Documents by days, it will
be computed to exclude the first and include the last day of such period. If the last day of any such
period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable
jurisdiction, such day will be omitted from the computation.
16.6.2. A calendar day of twenty -four (24) hours measured from midnight to the next
midnight shall constitute a day.
General:
16.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because
of any error, omission or act of the other party or of any of the other parry's employees or agents or others for
whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable
time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be
construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.
16.4. The duties and obligations imposed by these General Conditions and the rights and
remedies available hereunder to the parties hereto, and, in particular, but without limitation, the warranties,
guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30, 13.1, 13.12, 13.14, 14.3 and
15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to,
and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of
them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or
by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if
repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and
remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents
will survive final payment and termination of completion of the Agreement.
16.5. 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 proposal on a contract to provide any goods or services
to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of
a public building or a public work, may not submit proposals 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 in excess of the threshold amount
provided in Section 287.017, for CATEGORY 2 for a period of thirty-six (36) months from the date of being
placed on the convicted vendor list.
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AGREEMENT FOR SUBCONTRACTOR SERVICES
AGREEMENT NO. ARCADIS- AD4
IF THIS AGREEMENT REPRESENTS A "MASTER AGREEMENT
CHECK HERE ❑ AND REFER TO SCHEDULE A, PARAGRAPH 30.
PLEASE INCLUDE SUBCONTRACT AND ARCADIS PROJECT
NUMBERS ON ALL INVOICES AND CORRESPONDENCE:
ARCADIS PROJECT NO: WF089000.0000
• CLIENT NAME: CITY OF BOYNTON BEACH, FLORIDA
• CLIENT CONTRACT NO: NOT DETERMINED
(If applicable)
• TYPE OF SERVICE(S) TO BE PERFORMED [Check All That
• MAIL INVOICE TO:
Apply):
ARCADIS U. S.. Inc.
❑
Ethical Business Practices Provision (Non -U.S. Work)
2081 Vista Parkway. Suite 200
(include Schedule L)
West Palm Beach, FL 33411
❑
Consulting
ATTN:Thomas L. Tessier
❑
Construction (include Schedule F)
®
Drilling and/or Geoprobe (include Schedule G)
Telephone No. 561 -697 -7000
❑
Laboratory (include Schedule H)
Facsimile No.: 561- 697 -7751
❑
Surveying (include Schedule I)
E -mail Address: ttessier(a arcadis- us.com
❑
Utility Location/Clearance (include Schedule G)
Other:
• SUBCONTRACTOR NAME & ADDRESS (PLEASE PRINT):
• ARCADIS LEGAL ENTITY
( "SUBCONTRACTOR ")
ATTN:
ARCADIS U. S.. Inc. ("ARCADIS ")
2081 Vista Parkway. Suite 200
West Palm Beach, FL 33411
ATTN:Thomas L. Tessier
Telephone No. Telephone No. 561- 697 -7000
Facsimile No.: Facsimile No.: 561- 697 -7751
E -mail Address: E -mail Address: ttessierna.arcadis- us.com
ARCADIS and SUBCONTRACTOR desire that SUBCONTRACTOR be available to perform certain services as required by ARCADIS on behalf of
ARCADIS Clients. SUBCONTRACTOR represents that it possesses the necessary skills and experience to provide the requested SUBCONTRACTOR
Services ( "the Work" or "the Services ") and agrees to perform the Work or Services as described in this Agreement and Work Authorization(s) ( "Work
Authorization ") issued from time to time by ARCADIS and accepted by SUBCONTRACTOR, in accordance with the terms and conditions of this Agreement.
This Agreement shall consist of the following documents if designated and/or otherwise attached hereto:
® AGREEMENT for Subcontractor Services
• SCHEDULE A: General Provisions
• SCHEDULE B: Initial ARCADIS Work Authorization(s) to
include Statement of Services & Subcontractor Compensation
® SCHEDULE C: Minimum Insurance Requirements
® SCHEDULE D: Prime Contract Terms & Conditions (Flowdowns)
❑ SCHEDULE E: Special Provisions -Other (if any)
® SCHEDULE F: Special Provisions for Contractors
M SCHEDULE G: Special Provisions for Utility Locators,
Dri (ling / Geoprobe
LJ SCHEDULE H: Special Provisions for Laboratory Services
❑ SCHEDULE I: Special Provisions for Surveyors
❑ SCHEDULE L: Ethical Business Practices Provision
❑ EXHIBIT 1: Work Authorization Form
❑ EXHIBIT 2: Release of Lien Form
❑ EXHIBIT 3: Subcontractor's duly authorized and compliant
Insurance Certificate
❑ EXHIBIT 4: Other:
and Intrusive Services
This Agreement for Subcontractor Services ( "Agreement ") is made this day of , (the "Effecitive Date ") for good and valuable
consideration (the receipt of which is acknowledged). This Agreement may not be modified without the express written consent of both parties and shall be
binding upon and inure to the benefit of the respective successors and assigns of ARCADIS and SUBCONTRACTOR. The Initial Term of this Agreement
shall be one year from the date set forth above and shall automatically renew for successive one (1) year periods, subject to the provisions for termination as
herein provided.
SUBCONTRACTOR ARCADIS
By: By:
(Signature of duly Authorized Representative) (Signature of duly Authorized Representative)
Name Printed: Name Printed:
Title Printed: Title Printed:
Date: Date:
ARCADIS
AGREEMENT FOR SUBCONTRACTOR SERVICES
SUBCONTRACTOR shall diligently perform all services, furnish all
labor and materials and perform all tasks necessary to produce all of the
deliverables required and perform all of the Work reasonably implied or
inferred in each duly executed Work Authorization issued under the
terms of this Agreement, its Schedules and Exhibits, as well as all other
documents attached to or incorporated by reference as forming a part of
this Agreement. SUBCONTRACTOR shall comply with all applicable
laws and regulations of any governmental agency having jurisdiction
(including any requirement to obtain and maintain any permits, licenses,
or approvals) in order to complete the Work described in each Work
Authorization issued hereunder. SUBCONTRACTOR agrees to
commence and complete the Work in accordance with any schedule
incorporated into this Agreement, or any duly executed Work
Authorization, or any schedule submitted by SUBCONTRACTOR and
otherwise accepted in writing by ARCADIS; and with respect to any
Changes, out of scope or additional work, SUBCONTRACTOR shall
expeditiously perform such work according to any schedule therefore
agreed to by the parties.
SUBCONTRACTOR shall designate a competent representative at each
location SUBCONTRACTOR is performing services for ARCADIS
( "Site ") and shall do no work unless its representative is present.
SUBCONTRACTOR's representative shall be in full charge of the
Work and all instructions or notices given to him or her shall be binding
as if given to SUBCONTRACTOR directly.
SUBCONTRACTOR shall be compensated for Work satisfactorily
completed in accordance with the terms and conditions of this
Agreement, as agreed between the Parties in each duly executed Work
Authorization.
3.1 SUBCONTRACTOR expressly agrees that it shall be a condition to any
payment that ARCADIS shall have received payment from the Client
for such work of the SUBCONTRACTOR, and that such payment by
the Client shall be a condition precedent to ARCADIS' obligations
hereunder, and that ARCADIS shall have no obligation to
SUBCONTRACTOR unless payment for such work is made to
ARCADIS by the Client.
3.2 Each invoice submitted by SUBCONTRACTOR to ARCADIS shall be
a complete and accurate statement of the work provided; and shall be
considered a warranty on the part of SUBCONTRACTOR to ARCADIS
that SUBCONTRACTOR is properly entitled to payment.
SUBCONTRACTOR shall only charge for labor and materials in the
invoice at rates and quantities actually used, and prior to submitting any
invoice for reimbursement, shall have paid all persons or entities
performing services or furnishing materials or supplies to
SUBCONTRACTOR hereunder during the period covered by such
invoice, unless SUBCONTRACTOR specifies on any such invoice the
name of the person or entity who or which has not fully been paid, and
the amount then owing to any such person or corporation. No payment
shall be made to SUBCONTRACTOR without a duly executed
Agreement or Work Authorization and a valid, current Certificate of
Insurance in compliance with this Agreement and the governing Work
Authorization.
3.3 If ARCADIS objects to any portion of an invoice, ARCADIS shall
notify SUBCONTRACTOR of the objection and the grounds, and the
parties immediately shall make every effort to settle the disputed portion
of the invoice. ARCADIS, in any event, shall pay every portion of the
invoice that is not in dispute within the period for payment.
3.4 The final Applications for Payment shall be accompanied (except as
previously delivered) by: (i) all documents called for in the Agreement,
including but not limited to the evidence of insurance required by
Schedule A, Section 7, Schedule C and Schedule D, (ii) consent of the
surety, if any, to final payment, and (iii) complete and legally effective
releases or waivers (satisfactory to ARCADIS) of all Liens arising out
of or filed in connection with the Work including release from all sub-
subcontractors and suppliers. If any sub - subcontractor or supplier fails
to furnish such a release or receipt in full, SUBCONTRACTOR may
furnish a bond or other collateral satisfactory to ARCADIS to indemnify
ARCADIS against any Lien.
3.5 Notwithstanding the foregoing, ARCADIS may withhold from any
payment any amounts in dispute because of, but not limited to the
following: (i) defective work not remedied; (ii) third -party claims filed
or reasonable evidence indicating probable filing of such claims,
(iii) failure of the SUBCONTRACTOR to make payment properly to
subcontractors or for labor, materials or equipment; (iv) damage to
another contractor or other entity; (v) unsatisfactory prosecution of the
Work by the SUBCONTRACTOR; or (vi) amounts owed by
SUBCONTRACTOR to ARCADIS under this or any other Agreement.
SUBCONTRACTOR shall promptly pay all bills incurred by
SUBCONTRACTOR in performance of the Work, including, without
limitation, bills for labor, services, equipment, and materials.
3.6 Payments made to the SUBCONTRACTOR will include compensation
for any and all applicable sales, use, gross receipts or excises taxes. In
recognition that ARCADIS' client agreement requires the prompt
submission of invoices for payment, the parties agree that all invoices
must be submitted by SUBCONTRACTOR to ARCADIS within ninety
(90) days of the date costs are incurred or the scheduled completion date
whichever occurs first. SUBCONTRACTOR waives its right to receive
payment on any and all invoices which are not submitted within that
time period.
3.7 ARCADIS may set -off or counterclaim against amounts payable to
SUBCONTRACTOR, or asserted to be payable to
SUBCONTRACTOR, under this or any other contract, any claim
ARCADIS may have against SUBCONTRACTOR.
SUBCONTRACTOR shall faithfully perform its services and the Work
using the highest degree of care, skill, training, diligence and judgment
ordinarily exercised under similar circumstances by competent members
of the profession which SUBCONTRACTOR practices or industry or
business in which SUBCONTRACTOR works. SUBCONTRACTOR
agrees to promptly reperform, repair or replace, at ARCADIS' option
and at SUBCONTRACTOR's cost and expense, any service or Work
which fail to conform to such requirements or in the event such a degree
of skill and care is not exercised.
SUBCONTRACTOR further warrants and guarantees that al I goods and
materials provided hereunder shall be: (i) be new and fit for the intended
purpose, (ii) provided in conformance with types and quantities
specified; (iii) installed by qualified, careful and efficient workers; and,
(iv) free from defects in materials and workmanship for a period of one
(I) year from completion and acceptance by ARCADIS.
SUBCONTRACTOR further warrants all Work, including but not
limited to all materials and equipment, against failure, leaks, breaks, and
other unsatisfactory conditions or defects for a period of one (1) year
from completion and acceptance by ARCADIS. SUBCONTRACTOR
agrees to promptly repair or replace, at ARCADIS' option and at
SUBCONTRACTOR's cost and expense, all defects, as well as faulty
materials, equipment, and systems, including but not limited to,
manufactured parts and faulty installation.
SUBCONTRACTOR further agrees to obtain and assign to ARCADIS
or its Client, as directed by ARCADIS, all guarantees and warranties
offered by or reasonably available from all vendors, subcontractors and
suppliers of goods or services who provide machinery, equipment,
materials or services for the Work, including but not limited to those
required under the Prime Contract.
If at any time during performance of the Work or during the one (1) year
period after completion and acceptance of the Work by ARCADIS (or
such longer period of time as may be required by the Prime Contract
between ARCADIS and its Client), SUBCONTRACTOR shall receive
a written notice of defect or non - conformance from ARCADIS and shall
fail to correct such defect or non - conformity within the time limit
specified, ARCADIS may cause the same to be corrected by either its
own forces or by others and either deduct costs incurred from any
amounts due and owing to SUBCONTRACTOR under this or any other
Agreement between ARCADIS or its affiliated companies and
SUBCONTRACTOR or invoice SUBCONTRACTOR directly for such
damages. SUBCONTRACTOR agrees to reimburse ARCADIS within
thirty (30) days of receipt of ARCADIS' itemized invoice.
SUBCONTRACTOR shall at all times enforce, or cause to be enforced,
strict discipline and good order among workmen employed to perform
the Work. Should any disorderly or incompetent person be employed
by SUBCONTRACTOR, or by any lower -tier subcontractor, upon or
about any Site, SUBCONTRACTOR shall, upon request of ARCADIS'
representative, cause such person to be removed from such Site and not
be again employed thereon without written permission of ARCADIS.
For purposes hereof, SUBCONTRACTOR is an independent contractor
and shall not be considered an employee or agent of ARCADIS.
SUBCONTRACTOR is responsible for all means, methods, sequences
and procedures for carrying out the Work, including safety, and shall
maintain complete control of its employees, agents, subcontractors and
vendors. SUBCONTRACTOR shall not take any action or allow any
omission inconsistent with its status as an independent contractor under
this Agreement. This Agreement is subject to the terms and conditions
of the Prime Contract entered into between ARCADIS and the owner or
client for the specific Project. SUBCONTRACTOR has received a copy
of such contract and agrees to perform all obligations of such contract as
it applies and with respect to the Work of the SUBCONTRACTOR,
including any terms and provisions for indemnity, insurance, warranties,
and liquidated damages.
Nothing herein shall be deemed or construed as creating any agency or
granting either party any right or authority to assume or to create any
obligation, warranty or responsibility on behalf of the other.
SUBCONTRACTOR shall not subcontract performance of all or any
portion of the Work under this Agreement without the prior written
approval of ARCADIS. If requested by ARCADIS,
SUBCONTRACTOR shall furnish ARCADIS a copy of the proposed
subcontract for ARCADIS' review of the terms and conditions thereof,
and shall not execute such subcontract until ARCADIS has given notice
of ARCADIS' approval. Failure of SUBCONTRACTOR to comply
with this section may be deemed to be a material breach of this
Agreement and grounds for ARCADIS to withhold payment therefor.
SUBCONTRACTOR guarantees that subcontractors of
SUBCONTRACTOR, for performance of the Work, will comply fully
with the terms of this Agreement applicable to the portion of the Work
performed by them.
No changes to this Agreement and no extra charges will be allowed
unless a duly authorized representative of ARCADIS specifically agrees
to them in writing. As a condition precedent to SUBCONTRACTOR's
recovery on any claim for an increase in the cost of the Work or for an
extension of time to complete the Work (a "Claim "),
SUBCONTRACTOR shall, immediately after the occurrence of the
event which SUBCONTRACTOR believes may give rise to a Claim,
give ARCADIS written notice of the claim, which notice shall contain a
verified statement that supports the claim and details the estimated
change in the Subcontract cost and the time to complete the Work.
SUBCONTRACTOR's failure to provide notice as required by this
paragraph shall be a waiver of SUBCONTRACTOR's right to recovery
under the terms of the Prime Contract between ARCADIS and its Client
on a Claim. In no event shall SUBCONTRACTOR be entitled to
compensation for changes which are not reimbursable to ARCADIS by
its Client. Any determination by ARCADIS or Client with regard to
same shall be binding upon SUBCONTRACTOR.
From the date of commencement of the Work until its completion,
SUBCONTRACTOR shall provide and maintain, at a minimum, at
SUBCONTRACTOR's expense, the insurance required by Schedule C.
In the event the Client requests additional types or an increase in the
amounts of insurance required in Schedule C, as may defined in any
Work Authorization or Prime Contract attached hereto or made a part
hereof, SUBCONTRACTOR agrees to comply with such request and to
notify ARCADIS of any failures to comply prior to accepting the
contemplated work. In the event SUBCONTRACTOR fails to provide
such notice, ARCADIS shall have the right but not the obligation to
procure said insurance for SUBCONTRACTOR. SUBCONTRACTOR
shall pay ARCADIS any and all costs and expenses incurred by
ARCADIS in procuring said insurance, and ARCADIS may deduct this
amount from the Subcontract cost. SUBCONTRACTOR's failure to
procure the required types and limits of insurance as set forth herein
shall not relieve SUBCONTRACTOR of its indemnification obligations
hereunder.
Title to all materials shall pass to the Client upon delivery to the work
site. SUBCONTRACTOR shall bear the risk of loss of such materials
until completion of the Work and final acceptance by ARCADIS.
SUBCONTRACTOR agrees to indemnify, defend and hold harmless
ARCADIS and the Client served under this Agreement and the
directors, officers, employees, shareholders and affiliates of either of
them from and against any and all liabilities, losses, damages, costs and
expenses (including attorneys' fees and court costs) which Client,
ARCADIS and their directors, officers, employees and agents hereafter
may suffer as the result any breach by SUBCONTRACTOR of the
terms of this Agreement or in connection with any claim, demand,
action or right of action (whether at law or in equity) brought or asserted
by any third party including, but not limited to any personal injury
(including death) or property damage relating to or arising from the
performance of the Work by the SUBCONTRACTOR, its directors,
officers, employees, affiliates, lower -tier subcontractors, agents or
representatives. SUBCONTRACTOR shall not be liable to the extent
that any liability, loss, damage, cost, and expense results from the sole
negligence or willful misconduct by ARCADIS or its directors, officers,
employees or agents. SUBCONTRACTOR agrees to promptly pay
ARCADIS all sums ARCADIS may be required to pay in settlement of
any Loss on account thereof, including any claim under the provisions
of any workers' compensation law or similar law. In the event any Loss
is claimed by one party against the other, and the claiming party does
not succeed in proving the Loss, the other party shall be entitled to
recover, within a reasonable period of time after demand therefor, all
reasonable costs incurred.
SUBCONTRACTOR shall promptly pay for all services, materials,
equipment and labor used or furnished by SUBCONTRACTOR in the
performance of the Work, and shall, at SUBCONTRACTOR's expense,
keep all property belonging to ARCADIS and Client or either of them
free and clear of any and all liens and rights of lien arising out of
services, labor, equipment, or materials furnished by
SUBCONTRACTOR or its employees, material men or sub -
subcontractors in performance of the Work. If SUBCONTRACTOR
fails to release and discharge any such claim or lien on the property of
ARCADIS and Client or either of them within seven (7) days after
receipt of written notice from ARCADIS to remove such claim or lien,
ARCADIS may, at its option, discharge or release the lien or claim of
lien or take such other action with respect to the lien as ARCADIS may
deem appropriate. SUBCONTRACTOR shall pay ARCADIS any and
all costs and expenses incurred by ARCADIS in so doing (including
reasonable attorney's fees), and ARCADIS may deduct this amount
from the Subcontract cost. SUBCONTRACTOR shall, at its own
expense, defend any action based on such claim or lien, and shall pay
and satisfy any judgment which may be established by decision of the
court.
SUBCONTRACTOR certifies compliance with all applicable Federal,
provincial, state, local and other anti- discrimination laws, the standards
and regulations issued thereunder, and the amendments thereto. The
SUBCONTRACTOR certifies compliance, to the extent applicable, with
all applicable provisions of the standards and regulations issued
thereunder. Such rules and regulations are incorporated herein by
reference with the same force and effect as if set forth herein verbatim.
SUBCONTRACTOR shall not assign or subcontract this Agreement or
any part hereof without the prior written consent of ARCADIS, nor shall
SUBCONTRACTOR assign any moneys due or to become due to it
hereunder without the written consent of ARCADIS. Any such
assignment or subcontract shall be null and void. SUBCONTRACTOR
shall impose on its lower -tier subcontractors the same responsibilities
that SUBCONTRACTOR assumes by the terns and conditions of this
Agreement. SUBCONTRACTOR will be fully responsible to
ARCADIS for the acts and omissions of its lower -tier subcontractors
and of persons either directly or indirectly employed by all of
SUBCONTRACTOR's lower -tier subcontractors. This Agreement shall
not be transferable by SUBCONTRACTOR or by operation of law.
If requested by ARCADIS, SUBCONTRACTOR shall furnish
ARCADIS a copy of any proposed agreement between
SUBCONTRACTOR and any of its lower -tier subcontractors for
ARCADIS' review of the terms and conditions thereof, and shall not
execute such agreement until ARCADIS has given notice of ARCADIS'
approval. Failure of SUBCONTRACTOR to comply with this section
may be deemed to be a material breach of this Agreement and grounds
for ARCADIS to withhold payment therefor. SUBCONTRACTOR
guarantees that all lower -tier subcontractors of SUBCONTRACTOR
will comply fully with the terms of this Agreement which are applicable
to the portion of the Work performed by them.
SUBCONTRACTOR acknowledges that if, in the sole discretion of
ARCADIS, after consultation with the SUBCONTRACTOR, the
potential performance of other services could result in a conflict with
SUBCONTRACTOR's obligations under this Agreement or any Work
Authorization, then SUBCONTRACTOR shall not perform the services.
SUBCONTRACTOR represents that it has reasonably evaluated all
potential conflicts and has disclosed and will continue to disclose to
ARCADIS in writing any prior or existing relationships which present,
or could appear to present, a conflict with the Work or services to be
performed. SUBCONTRACTOR acknowledges this is a continuing
obligation.
Time is of the essence in the performance of the obligations created by
this Agreement. The initial term of this Agreement shall be as set forth
in the signatory page and shall automatically renewal for successive one
(I) year periods, subject to the provisions for termination as hereinafter
provided. In the event Work has been commenced prior to the execution
of this Agreement, this Agreement shall be effective retroactively to the
date the Work was commenced.
ARCADIS may terminate the services of SUBCONTRACTOR at any
time by giving written notice to SUBCONTRACTOR specifying that
termination is being made under the provisions of this Paragraph and
specifying the effective date of termination if SUBCONTRACTOR
should be or become insolvent within the meaning of the Bankruptcy
Act of the United States of America and Bankruptcy and Insolvency Act
of Canada; (ii) SUBCONTRACTOR should make ageneral assignment
for the benefit of creditors; (iii) Any proceeding should be brought by
or against SUBCONTRACTOR seeking any reorganization,
arrangement, composition, readjustment, liquidation, dissolution, or
similar relief, under the present or any future federal bankruptcy acts or
under any other applicable federal or state law or regulation; (iv) Any
proceeding should be brought seeking the appointment of a receiver or
similar office of the court with respect to SUBCONTRACTOR's
business; (v) SUBCONTRACTOR should refuse or fail to supply
enough properly skilled workmen or equipment or materials of the
proper quality to properly or timely perform the Work; (vi)
SUBCONTRACTOR should fail to make timely payments to
SUBCONTRACTOR's labor, subcontractors, materialmen, or suppliers;
(vii) SUBCONTRACTOR should disregard the laws, ordinances,
governmental rules or regulations, or should repeatedly disregard
instructions of ARCADIS' representative which are consistent with this
Agreement; or (viii) SUBCONTRACTOR should violate any provision
of this Agreement and shall fail to correct such violation promptly
following receipt of notice from ARCADIS. In the event of such
termination: (i) On the termination date, ARCADIS shall remove
SUBCONTRACTOR from the Site(s) and take possession of all
materials thereon for which SUBCONTRACTOR is entitled to receive
payment under the provisions of this Agreement, and ARCADIS
thereafter may complete the Work, or cause the Work to be completed,
by whatever means ARCADIS deems expedient; (ii)
SUBCONTRACTOR shall promptly thereafter transfer and assign to
ARCADIS, in accordance with ARCADIS' instructions, all
improvements and materials for which SUBCONTRACTOR is entitled
to receive payment under the provisions of this Agreement, and
SUBCONTRACTOR shall return to ARCADIS all information
furnished by ARCADIS in connection with the Work, together with all
data developed by SUBCONTRACTOR under this Agreement; and (iii)
SUBCONTRACTOR shall not be entitled to receive any further
payment under this Agreement until the Work is wholly finished, and
ARCADIS shall have the right to deduct from any balance due
SUBCONTRACTOR under this Agreement the amount of damage in-
curred by ARCADIS through SUBCONTRACTOR's default, including
the cost of completing the Work. In the event the amount of damage
exceeds the balance due hereunder, SUBCONTRACTOR shall pay to
ARCADIS the amount of such excess. The rights and remedies of
ARCADIS set forth in this Paragraph shall not be exclusive and are in
addition to all other rights and remedies of ARCADIS.
In the event that ARCADIS terminates or cancels this Agreement, in
whole or in part, for convenience or any reason whatsoever, other than
default, SUBCONTRACTOR shall have no claim of any kind, sounding
either in contract or tort, for recovery of damages, costs or expenses
against ARCADIS, including, without restricting the generality of the
foregoing, loss of revenue or profits, business interruption, loss of
compensation for changes or other damages of any kind, except that
ARCADIS shall be liable to SUBCONTRACTOR in accordance with
the terms of this Agreement, inclusive of the limitations set forth in the
Prime Contract between ARCADIS and its Client, for any outstanding
amount owing to SUBCONTRACTOR as a result of satisfactory Work
performed through the effective date of termination and for any non -
cancelable commitment entered into by SUBCONTRACTOR relating
thereto.
SUBCONTRACTOR may terminate this Agreement upon thirty (30)
days prior written notice to ARCADIS, provided; however, that
SUBCONTRACTOR's notice of termination shall not become effective
until SUBCONTRACTOR has completed the Work defined in any and
all Work Authorizations accepted by SUBCONTRACTOR under this
Agreement prior to SUBCONTRACTOR's tendering of said notice of
termination.
In either event, SUBCONTRACTOR will promptly discontinue all
Work, place no additional orders, and preserve and protect materials on
hand which are purchased for or committed to this Agreement, any
Work -in- progress and/or completed Work, wherever located, and
dispose of the same in accordance with ARCADIS instructions.
SUBCONTRACTOR shall maintain complete and accurate working
files and/or documentation of the Work, including new data,
calculations, estimates, assumptions, logs, maps, drawings, plans,
specifications, diaries, interpretations, notes and calibrations, and shall
provide ARCADIS unrestricted access to such items and dispose of
them only as directed by ARCADIS.
All documents provided by SUBCONTRACTOR pursuant to this
Agreement are instruments of service of SUBCONTRACTOR, and
SUBCONTRACTOR shall retain an ownership and property interest
therein (including the right of reuse) until ARCADIS has made payment
to SUBCONTRACTOR for such documents pursuant to this
Agreement. Notwithstanding the foregoing, upon termination of this
Agreement or at an earlier time if ARCADIS requests,
SUBCONTRACTOR will deliver to ARCADIS any data, materials or
information received or generated in the performance of this Agreement. other party in writing of the reason for the non - performance and the
anticipated extent of any delay.
SUBCONTRACTOR shall (i) keep all information regarding the Work
or any Work Authorization (including the Site thereof) and the Work
itself in strict confidence and (ii) ensure that it and its employees
agents, contractors and subcontractors shall treat as confidential any
If any dispute arises out of or relates to this Agreement, or the breach
information, whether verbal or written or of any description whatsoever,
thereof, and the dispute cannot settled through direct discussions
developed or obtained in performing the Work or in any way relating to
matby
ter
the representatives Parties, , the Parties agree to submit the mae
the Work, the Site or this Agreement. Such information shall not be
for ion alternative dispute resolution in accordance with the
disclosed to anyone other than ARCADIS, except for disclosure as
ontract between ARCADIS and its Client.
provisions of the Prime Contract
provisions
necessary to perform the Work. Under no circumstances shall any
Any decision determination required by the Client be binding upon
documents or other information relating to the Work or any Work
T
ARCADIS shall be binding upon SUBCONTRACTOR. When not
al
Authorizations be submitted or disclosed under any order of or as
specified by the Prime Contract, the matter shall be submitted for
required by any court or governmental agency, or by any third party,
mediation under the Construction Industry Mediation Rules the
whether pursuant to subpoena or otherwise, without prior written notice
American Arbitration Association before having recourse to juddi cial
to and receipt of approval from ARCADIS. This obligation shall
foram. No written or oral representation made during the course of any
survive termination or completion of this Agreement.
settlement negotiations or mediation shall be deemed a party admission.
SUBCONTRACTOR shall execute and shall cause its employees
assigned to perform the Work to execute a confidentiality agreement in
Governing law shall be as set forth in the Prime Contract between
a form or format acceptable to and as may be required by ARCADIS or
ARCADIS and its Client. In the absence of such provision, the laws of
it Client.
the State in which the Site is located shall govern this Agreement and
SUBCONTRACTOR and its subcontractors will not use or designate
the legal relations of the Parties.
for use in connection with the Work any patented or patent - pending
article, method or device which involves or requires payment of any
license, fee or royalty in addition to the purchase price without
No waiver ofthe terms, conditions, or covenants ofthis Agreement shall
ARCADIS' prior written approval. SUBCONTRACTOR agrees to
be binding and effective unless the same shall be in writing, signed by
indemnify ARCADIS against any cost or expense incurred in
both parties. Any such waiver of any breach of the terms, conditions, or
connection with the payment of such license, fee or royalty in the event
covenants of this Agreement shall be for that one time only and shall not
that ARCADIS' prior approval is not obtained. SUBCONTRACTOR
apply to any subsequent breach. The failure by either Party to enforce
shall defend any suit or proceeding brought against ARCADIS based on
against the other Party any term or provision of this Agreement shall be
a claim that any item or part of an item fumished under this Agreement
deemed not to be a waiver of such Party's right to enforce against the
constitutes an infringement of any patent, trademark, servicemark, or
other Party the same or any other such term or provision. If any portion
copyright, and shall pay all damages and costs awarded against
of this Agreement is held invalid or inoperative, then so far as is
ARCADIS or required to be paid in settlement of the claim. If the use
reasonable and possible, the remainder of this Agreement shall be
of an item or part of an item is enjoined, SUBCONTRACTOR shall at
deemed valid and operative, and effect shall be given to the intent
its own expense either procure for ARCADIS the right to continue using
manifested by the portion held invalid or inoperative.
the item or part or replace it with a non - infringing item or part or modify
the item or part so that it becomes non - infringing.
ARCADIS shall not be responsible for any inaccuracies or incomplete
or unfinished materials supplied prior to completion of the Work.
SUBCONTRACTOR shall maintain all cost, expense, payroll and
related financial records and other records pertaining to the Work
performed by SUBCONTRACTOR under this Agreement for a period
of ten (10) years after final payment under this Agreement or until final
conclusion of any litigation or administrative proceeding arising under
or materially concerning this Agreement or the Work. ARCADIS shall
have access to and the right to audit, copy and inspect such records at
any reasonable time during the course of the Work and for the period
during which records are maintained. ARCADIS shall have access to
and the right to audit such books, records, and documents during
SUBCONTRACTOR's normal business hours. If authorization is
provided to dispose of SUBCONTRACTOR's records in less than ten
(10) years, SUBCONTRACTOR shall offer the records to ARCADIS
prior to disposal. ARCADIS shall be responsible for only the reasonable
transportation costs of records requested to be delivered to ARCADIS.
Any delay in or failure of performance of, either party to this Agreement
shall not constitute a default nor give rise to any claim for damage, if
and to the extent such delay or failure is caused by occurrences beyond
the control of the party affected, including but not limited to, acts of
God or the public enemy, expropriation or confiscation of facilities or
compliance with any order or request of governmental authority,
affecting to a degree not presently existing, the supply, availability, or
use of personnel or equipment, acts of war, public disorder, insurrection,
rebellion, sabotage, flood, riot, or any causes a party is unable, with
reasonable diligence, to prevent; provided, however, that a party who is
prevented from performing for any reason shall immediately notify the
Any such notices shall be either: (i) sent by certified mail, return receipt
requested, in which case notice shall be deemed delivered three business
days after deposit, postage prepaid in the U.S. Mail; (ii) sent by
overnight delivery using a nationally recognized overnight courier, in
which case it shall be deemed delivered one business day after deposit
with such courier; or (iii) sent by personal delivery. The above
addresses may be changed by written notice to the other Party;
provided, however, that no notice of a change of address shall be
effective until actual receipt of such notice. Copies of notices are for
informational purposes only, and a failure to give or receive copies of
any notice shall not be deemed a failure to give notice.
SUBCONTRACTOR acknowledges that it is responsible for the health
and safety of its workers and others relating to SUBCONTRACTOR's
Work and Site. SUBCONTRACTOR shall (i) be solely responsible for
initiating, maintaining and supervising all safety precautions and
programs in connection with protection of the Work and any other
persons who may be affected thereby and (ii) comply with all laws,
ordinances, rules, regulations applicable to, and orders of public bodies
having jurisdiction over, the safety of persons or property or the
protection of them from damage, injury or loss, including, without
limitation, the Department of Labor Safety and Health Regulations for
construction as promulgated under the Occupational Safety and Health
Act of 1970 (PL 91 -596) and under Section 107 of the Contract Work
Hours and Safety Standards Act (PL 91 -54).
The captions in this Agreement are for convenience only, and are not a
part of this Agreement. The captions do not in any way define, limit,
describe or amplify the terms and provisions of this Agreement or the
scope or intent thereof.
This Agreement is subject to the terms and conditions of the contract or
agreement entered into between ARCADIS and the owner or client for
the specific Project. SUBCONTRACTOR acknowledges that it has
received a copy of such contract and agrees to perform all obligations of
such contract as it applies and with respect to the Work of the
SUBCONTRACTOR, including any terms and provisions for
indemnity, insurance, warranties, and liquidated damages.
The terms and conditions of this Agreement and its attachments are
intended to be inclusive and complementary. In the event of a conflict
between the terms of this Agreement and any of the Schedules or
Exhibits attached hereto or incorporated by reference, the following
Order of Precedence shall apply: Schedule E — Special Provisions -
Other (If Any), Schedule D — Prime Contract Terms & Conditions,
Schedules F -J Special Provisions (as appropriate), Schedule A— General
Provisions, Schedule C — Insurance, and Schedule B - Work
Authorization (when executed by both Parties).
INS 11111112 ENIVII mom to R1141M
The enforcement of the terms and conditions of this Agreement and all
rights of action relating to such enforcement, shall be strictly reserved to
ARCADIS and SUBCONTRACTOR, and nothing contained in this
Agreement shall give or allow any such claim or right of action by any
other or third person on such Agreement. It is the express intention of
ARCADIS and SUBCONTRACTOR that subcontractors and any other
person other than ARCADIS or SUBCONTRACTOR receiving any
benefits from this Agreement shall be deemed to be incidental
beneficiaries only.
This Agreement constitutes the entire agreement between the Parties
with respect to the Work, and supersedes all prior negotiations,
representations or agreements relating thereto, written or oral, except to
the extent they are expressly incorporated herein. Unless otherwise
provided for herein, no amendments, changes, alterations or
modifications of this Agreement shall be effective unless in writing,
executed by ARCADIS and SUBCONTRACTOR. No other waiver,
alteration, or modification of any provision in this Agreement will be
binding on either parry. Any course of prior dealings or usage of the
trade not expressly incorporated in this Agreement shall not be binding
on either party. The parties represent and warrant that each has had the
opportunity to review and negotiate the terms of this Agreement, with
the benefit of counsel if desired, and agree that any ambiguity shall not
he construed against the drafter.
This Agreement constitutes a Master Agreement if marked as such on
the Signature (Cover) page. Future scopes of work may be added to this
Master Agreement and shall be governed by its terms through the use of
an ARCADIS Work Authorization form that (a) references this Master
Agreement and (b) is countersigned by an authorized representative of
each party. Work Authorizations may be issued to
SUBCONTRACTOR by one or more of ARCADIS' affiliated
companies, and SUBCONTRACTOR shall look exclusively to the
ARCADIS company issuing such Work Authorization for payment, and
will have no recourse against any other ARCADIS affiliated company.
END OF SCHEDULE A - GENERAL TERMS AND CONDITIONS -
Date Issued:
Issued under Subcontract No.:
Subcontractor Name:
ager: Jay Ameno
WORK AUTHORIZATION No.
ARCADIS Project No
Prime Contract No. or Date:
In accordance with the terms and conditions of the Subcontract Agreement referenced above between ARCADIS U.S.. Inc. (hereinafter referred to as
"ARCADIS ") and SUBCONTRACTOR, SUBCONTRACTOR is authorized to provide the following services:
DESCRIPTION OF WORK:
ADDITIONAL INFORMATION ATTACHED? ❑ No ❑ Yes, Proposal dated January 17, 2008
❑ Prime Agreement Incorporated by Reference
❑ Release/Waiver of Claims and Liens Form
❑ ARCADIS to dispose of SUBCONTRACTOR generated waste
FOR LABORATORY SERVICES: ❑ Work Authorization, Part 2 for Certain Laboratory Services
PROJECT SCHEDULE Target Start Date: Required Completion Date:
YOUR COMPENSATION FOR THESE SERVICES SHALL BE:
❑ Time & Materials in accordance with the attached Rate Schedule
❑ Cost plus Fixed Fee of % in accordance with attached Fixed Fee Schedule
❑ Unit Pricing in accordance with the attached Unit Price Fee Schedule
A maximum not to exceed amount of Thirty-one thousand dollars ($31,000.00) is authorized to cover these services. SUBCONTRACTOR shall not incur changes in
excess of this amount without prior written approval from ARCADIS.
MILESTONE PAYMENT SCHEDULE ❑ Attached
SUBCONTRACTOR SUBMITTALS / ATTACHMENTS ❑ Current, Compliant Insurance Certificate
❑ Other: Identify
In accordance with the terms and conditions of the Subcontract Agreement referenced above between between (hereinafter referred to as "ARCADIS ")
and SUBCONTRACTOR, the previously authorized scope of work and basis of compensation is modified as follows:
Description of Change
Reason for Change:
Additional Information Attached? I ❑ No ❑ Yes, identify:
Schedule Impact? l i ❑ No ❑ Yes, explain: and insert revised start and /or completion dates below, as applicable
Original Project Start Date: I New Project Start Date:
Original Project Completion Date: 1 New Project Completion Date:
Cost Impact? f i ❑ No change in subcontract amount required
❑ Increase in subcontract amount required
❑ Decrease in subcontract amount required
❑ No change in subcontract amount presently anticipated; however, final subcontract amount
may require increase /decrease to accommodate this change upon project completion.
Cost Increase / Decrease The amount of the subcontract will be ❑ increased or ❑ decreased by the sum of $ ($ ). The total revised
Contract Price is $ ($
Original Subcontract Expiration Date: New Subcontract Expiration Date:
Apply New Rates to: I ❑ New Work Authorizations Only Effective: ❑ New and Existing Work Authorizations Effective:
The undersigned SUBCONTRACTOR accepts this Work Authorization in all respects noted above. SUBCONTRACTOR agrees to furnish all labor and materials necessary to
complete the work of said Work Authorization. This document shall become a supplement to the subcontract and all provisions will apply hereto. It is understood that the Work
Authorization shall be effective when signed by the SUBCONTRACTOR's authorized representative. (Note: Both Parties Must Initial and Date Attachments)
ARCADIS SUBCONTRACTOR
By: By:
(Signature of duly Authorized Representative) (Signature of duly Authorized Representative)
Name Printed: Name Printed:
Title Printed: Title Printed:
Project Name: Re0acxtrtent of Boynton Beach Well 12E
Project Location: Boynton Beack Florida
ARCADIS
AGREEMENT FOR SUBCONTRACTOR SERVICES
SUBCONTRACTOR shall provide and maintain during the term of this
Agreement, at SUBCONTRACTOR's expense, the minimum limits of
insurance listed below:
Workers' Compensation, Disability Benefit, and Employer's
Liability Insurance in at least the minimum amounts required by
and in compliance with the laws of the State(s) where the Work is
to be performed.
Commercial General Liability Insurance, including contractual
liability, completed operations, hazards and explosion, collapse
and underground hazard coverage, with a limit of not less than
$1,000,000 per occurrence, $2,000,000 aggregate. All such
insurance policies shall provide (unless by specific statute
applicable thereto it is otherwise provided) coverage for: (a)
damage to above - ground or underground property; (b) collapse of
structures; (c) damage resulting from explosion or blasting; (d)
damages or losses arising out of liabilities assumed, except
infringement, under the indemnity provision of this Agreement;
and (e) damage to completed operations.
If the Work to be performed is within or near a railroad right -of-
way and other railroad facilities, SUBCONTRACTOR's insurance
shall not include any exclusions of coverage for any claims or
liabilities associated with work, occurrences or incidents
occurring within 50 feet of railroad right -of -way and other
railroad facilities. SUBCONTRACTOR can generally meet this
requirement by having the Contractual Liability - Railroads
standard form endorsement form ISO CG 24 17 10 01 or
equivalent. SUBCONTRACTOR's Certificate of Insurance shall
state that the railroad liability exclusion has been removed or
otherwise deleted from its Commercial General Liability policy or
SUBCONTRACTOR may provide a copy of ISO CG 24 17 10 01
or its equivalent.
3. Automobile Liability Insurance covering owned, non - owned, and
hired vehicles used by SUBCONTRACTOR in connection with
the Work with a limit of not less than $1,000,000 per accident
combined single limit, $2,000,000 aggregate.
insureds as their interests may apply on all policies as required by Schedule
C (with the exception of the Workers' Compensation, Employer's Liability,
and any Professional Liability Policy). SUBCONTRACTOR shall provide
copies of such endorsements upon request.
SUBCONTRACTOR shall cause the underwriters of each of the insurance
coverage required above waive all rights of subrogation against "ARCADIS
U.S., Inc., its Client and their affiliates, directors, officers, employees, and
agents" where allowed by law under each of the foregoing policies.
Upon request SUBCONTRACTOR shall provide ARCADIS with certified
copies of its insurance policies.
SUBCONTRACTOR agrees to promptly notify ARCADIS of any claims or
losses or potential claims or losses resulting from or arising out of
SUBCONTRACTOR's performance of the Work and shall, within three (3)
days of occurrence, provide ARCADIS with copies of
SUBCONTRACTOR's correspondence pertaining to the incident, including
any and all SUBCONTRACTOR accident reports.
Notwithstanding the foregoing, in the event that the contract between
ARCADIS and the Client specifies greater limits of insurance than those set
forth above, the SUBCONTRACTOR shall procure and maintain the limits
in the amounts specified in such contract and to notify ARCADIS of any
failures to comply 2[ior to accepting the contemplated work. In the event
SUBCONTRACTOR fails to provide such notice, ARCADIS shall have the
right but not the obligation to procure said insurance for
SUBCONTRACTOR. SUBCONTRACTOR shall pay ARCADIS any and
all costs and expenses incurred by ARCADIS in procuring said insurance,
and ARCADIS may deduct this amount from the Subcontract cost.
SUBCONTRACTOR shall provide proof of insurance coverage as may be
required in this Agreement and each Work Authorization prior to
commencing the Work. Said proof of coverage shall be in the form of a duly
executed and properly endorsed insurance certificate from an insurance
carrier licensed to transact insurance business in the state in which the Work
is to be performed. Each certificate shall certify that all of the required
insurance, as above described, has been effected and that the
SUBCONTRACTOR is covered thereby.
4. Following form Excess Umbrella Liability Insurance extending
coverage under Subcontractor's comprehensive general,
automobile and Employer's Liability insurance policies with
a limit of $2,000,000 per occurrence and in the aggregate.
5. If professional services, including but not limited to engineering,
architectural, laboratory analysis and/or surveying services, are
part of the Work, Professional Liability (Errors and Omissions)
Insurance with a limit of not less than $1,000,000 per claim,
$1,000,000 aggregate. SUBCONTRACTOR, at its cost, agrees to
maintain insurance meeting these requirements for a period of two
years the date of this Agreement.
6. If the Work involves the handling or use of chemicals or
contaminants or work areas containing pollutants or hazardous
materials, Pollution Liability with a limit of not less than
$1,000,000 per incident, $1,000,000 aggregate to coverage
damage or losses relating to environmental impairment as may
have been caused by the SUBCONTRACTOR.
SUBCONTRACTOR shall provide ARCADIS with a certificate of
insurance indicating that the minimum types and limits of insurance have
been procured by SUBCONTRACTOR prior to final execution of this
Agreement and shall cause its insurers to provide ARCADIS and Client with
a minimum of thirty (30) days written notice prior to the effective date of
any cancellation of, or diminution in the coverage provided by, any and all
such policies.
SUBCONTRACTOR's failure to procure the required types and limits of
insurance as set forth herein, shall not relieve SUBCONTRACTOR of its
indemnification obligations hereunder.
Any coverage provided ARCADIS by SUBCONTRACTOR'S insurance
under this Agreement is primary insurance and shall not be considered
contributory insurance with any insurance policies of ARCADIS, its
members, subsidiaries, and affiliated companies.
Whenever an employee of SUBCONTRACTOR suffers an occupational
injury or disease as a result of the Work and such injury or disease is
required by the Workman's Compensation or Occupational Disease Laws to
be reported to the proper authorities, a copy of such report shall be furnished
promptly by SUBCONTRACTOR to ARCADIS. SUBCONTRACTOR also
shall require all subcontractors to furnish copies of such reports to
ARCADIS in connection with occupational injuries or diseases sustained by
their employees.
- END OF SCHEDULE C — INSURANCE -
SUBCONTRACTOR agrees to name `ARCADIS U.S., INC., its Client and
their affiliates, directors, officers, employees, and agents" as additional
ARCADIS
AGREEMENT FOR SUBCONTRACTOR SERVICES
Contractor shall comply with all applicable laws, statutes, codes, regulations,
ordinances, rules, and orders of federal, state, and local governments and
political subdivisions, and of any other constituted governmental authority or
agency. SUBCONTRACTOR shall indemnify and hold ARCADIS harmless
against any and all claims, demands, losses, injuries, and expenses which may
result from failure of SUBCONTRACTOR and its employees, agents, and
subcontractors to comply with such laws, statutes, codes, regulations,
ordinances, rules and orders.
Before undertaking any work or incurring any charge or expense which
SUBCONTRACTOR considers is beyond or in addition to the Scope of Work
described in Exhibit A or otherwise contemplated by the terms of this
Contract, SUBCONTRACTOR shall advise ARCADIS in writing stating the
reasons that SUBCONTRACTOR believes the out of scope or additional work
should be performed and a reasonable estimate of the cost of such work.
SUBCONTRACTOR must make all such claims for changes within five (5)
calendar days of the date that SUBCONTRACTOR knew or should have
known of the basis for the claim. Out of scope or additional work performed
by SUBCONTRACTOR without such written authorization shall be at
SUBCONTRACTOR's sole risk and expense, and SUBCONTRACTOR
waives any claim for damages or compensation, including claims based on
equity therefor. The compensation for properly authorized work above shall be
negotiated, but in the event the parties fail to negotiate or are unable to agree
as to compensation, then SUBCONTRACTOR shall be compensated for its
direct costs and time at the unit rates set forth with respect to the original scope
of work
SUBCONTRACTOR promptly shall pay all bills incurred by
SUBCONTRACTOR in performance of the Work, including, without
limitation, bills for labor, services, equipment, and materials.
SUBCONTRACTOR shall not permit any lien or charge to be fixed, filed, or
otherwise assessed against ARCADIS, the Client, or the Site.
To the extent permitted by law, SUBCONTRACTOR waives its right to file
any lien, including mechanics liens, relating to the Work, shall not enter into
any agreement establishing such a right in any other party and shall keep the
Site free from all liens by others. Should any claim of lien be recorded by the
SUBCONTRACTOR, any SUBCONTRACTOR, or material-man of the
SUBCONTRACTOR, SUBCONTRACTOR shall, within two (2) days of the
recording of such lien, obtain a transfer bond transferring the lien to the bond
at the SUBCONTRACTOR's cost. If the SUBCONTRACTOR fails to do so,
the Client or ARCADIS may take such steps as are necessary to transfer such
liens to bond or otherwise protect the Site from liens, and the
SUBCONTRACTOR shall reimburse the ARCADIS or Client for such
expenses, including reasonable attorneys' fees. ARCADIS may withhold and
deduct any such amounts from any payment to the SUBCONTRACTOR.
ARCADIS may set -off or counterclaim against amounts payable to
SUBCONTRACTOR, or asserted to be payable to SUBCONTRACTOR,
under this or any other contract, any claim ARCADIS may have against
SUBCONTRACTOR.
If requested in writing by ARCADIS, SUBCONTRACTOR shall furnish a
bond to secure its performance under this Contract, in a sum to be established
by ARCADIS, and a separate bond to insure the prompt payment of all persons
furnishing labor or materials to SUBCONTRACTOR in performance of the
Work, and to protect ARCADIS and Client against liens or charges for or on
account of such labor or materials, in a sum to be established by ARCADIS.
SUBCONTRACTOR shall be solely responsible for the health, safety and
welfare of its employees, agents and others with regard to the Work, and
further for establishing and enforcing additional requirements that may be
necessary to protect affected property or its employees and any other person
entering the site for purposes relating to SUBCONTRACTOR's work.
SUBCONTRACTOR shall strictly comply with applicable laws pertaining
work place safety including, without limitation, the Occupational Safety and
Health Act of 1970 (84 U.S. Statutes 1590, as amended, and regulations
thereunder to the extent applicable and shall abide all health and safety plans,
rules or guidance which may be provided by ARCADIS.
To comply with its requirements, SUBCONTRACTOR represents that its
Health and Safety Plan for its Work shall include the SUBCONTRACTOR'S .
compliance (including compliance by SUBCONTRACTOR'S employees,
officers, agents, representatives, invitees, and sub - subcontractors) with the
ARCADIS Health and Safety Plan, together with any further amendments to
such plan particular to the SUBCONTRACTOR'S Work and Site deemed
necessary and appropriate by the SUBCONTRACTOR.
SUBCONTRACTOR agrees and understands that ARCADIS claims no
responsibility for the use of the HASP and ARCADIS does not represent that
the HASP is sufficient to address the Work or Site conditions of the
SUBCONTRACTOR. SUBCONTRACTOR shall not hold ARCADIS
responsible for any claims arising from the SUBCONTRACTOR'S use of the
HASP and agrees to indemnify, defend and hold harmless ARCADIS from any
claims for personal injury or property damages arising from or related to the
compliance with, utilization or application, or any alleged deficiencies of the
HASP. Nothing herein, including the use by SUBCONTRACTOR of the
HASP or acknowledgment of the SUBCONTRACTOR'S HASP shall create
any duty, obligation, liability, or responsibility of ARCADIS for any act or
failure to act in respect to any safety provision of the HASP and
SUBCONTRACTOR shall remain solely responsible for the health and safety
of SUBCONTRACTOR, its employees or any person entering the
SUBCONTRACTOR'S Work Site.
SUBCONTRACTOR shall be responsible for the proper disposal of any
hazardous materials or wastes generated by it in the course of the performance
of the Work and exacerbation of any pre- existing hazardous materials or
wastes.
SUBCONTRACTOR acknowledges that time is of the essence with respect to
the performance and completion of its work under this Contract.
SUBCONTRACTOR shall adhere to, commence and complete its work in .
accordance with any schedule incorporated into this Contract, or any schedule
submitted by SUBCONTRACTOR or attached hereto; and with respect to any
Changes, out of scope or additional work, SUBCONTRACTOR shall
expeditiously perform such work according to any Schedule therefor agreed to
by the parties. In the event any schedule is incorporated in this Contract or
attached to this Contract, SUBCONTRACTOR acknowledges and agrees that
such schedule has accounted for all inherent or reasonably anticipated delays,
including but not limited to those inherent in obtaining site information, access
sufficient labor, supplies, tools, equipment and utilities required for the project
work, and SUBCONTRACTOR waives any claim of extra compensation or
damages therefor.
Subcontractor represents and warrants that it has had an opportunity to review
and /or has carefully examined all necessary drawings, maps, schematics, j
specifications, governmental restrictions, permits and license requirements,
and all applicable laws, regulations and rules relating to the Work to be done
and the Site, it surroundings and local conditions, and has made all
investigations based on reasonably available information that are necessary to
develop a full understanding of the hazards and difficulties which can be
encountered and are likely to impact the cost or schedule to perform the Work.
SUBCONTRACTOR is thus familiar with conditions at the Site as are
pertinent to or which may affect the Work and has been granted the right to
conduct, and has conducted, all investigations it deems appropriate to
determine that it can fulfill the requirements of this Contract. Notwithstanding
any other provision of this Contract, SUBCONTRACTOR assumes the risk of
all conditions, as specified in this Contract, that may affect
SUBCONTRACTOR's ability to perform the Work and will, regardless of
such conditions, or the expense or difficulty of performing the Work or the
negligence, if any, of ARCADIS, with respect to same, fully complete the
Work for the stated price without further recourse to ARCADIS. Information
on the Site and local conditions at the Site furnished by ARCADIS are not
guaranteed by ARCADIS to be accurate, and is furnished only for the
convenience of SUBCONTRACTOR.
The discovery of concealed conditions which could not reasonably have been
anticipated by the SUBCONTRACTOR from information available to
SUBCONTRACTOR may constitute a changed condition, which, to the extent
such condition materially affects the cost or schedule to perform the Work,
would entitle the SUBCONTRACTOR to a change and an equitable
adjustment of the Contract price or time. SUBCONTRACTOR warrants that it
shall conduct appropriate investigations to determine, with reasonable
certainty, the location of utility and service lines, underground storage systems,
and other subsurface structures of any kind before commencement of any
drilling, excavation, or other work that has the potential to disturb these
structures. SUBCONTRACTOR further warrants that it shall conduct
independent field investigations to confirm the location of subsurface
structures before commencement of subsurface work and shall not relay
exclusively on plot plans or other drawings provided to SUBCONTRACTOR
in conducting these investigations.
In the event SUBCONTRACTOR should be delayed in the completion of the
Work by reason of any act or omission of ARCADIS or of others, the time
within which the Work is to be completed pursuant hereto shall be extended by
the period of such delay. Under no circumstances shall SUBCONTRACTOR
be entitled to delay damages and SUBCONTRACTOR hereby waives all
claims for such damages on all Work.
Time is of the essence of the Contract. In the event the SUBCONTRACTOR
fails to achieve Substantial Completion of the Work within the Contract Time
or fails to meet any other time requirement or the time limit set forth in the
Contract, after due allowance for any extension or extensions of time made in
accordance with the provisions herein set forth, the SUBCONTRACTOR shall
be liable for damages incurred by ARCADIS as the result of
SUBCONTRACTOR's performance failures. ARCADIS shall have the right
to deduct said damages from any amount due or that may become due the
SUBCONTRACTOR, or to collect such damages from the
SUBCONTRACTOR or its surety. "Damages" shall include any sums of
money to reimburse ARCADIS for extra costs which ARCADIS may become
obligated to pay on other contracts which were delayed or extended because of
the SUBCONTRACTOR's failure to complete the Work within the Contract
Time. Should ARCADIS incur additional costs because of delays or extensions
to other contracts resulting from the SUBCONTRACTOR's failure of timely
performance, ARCADIS will assess these extra costs against the
SUBCONTRACTOR.
SUBCONTRACTOR guarantees any supplies, equipment, materials or goods
furnished as part of or in conjunction with the Work against any and all defects
or deficiencies and SUBCONTRACTOR shall promptly remedy all such
defects, and /or replace the same. SUBCONTRACTOR shall caused to
assigned to ARCADIS all guarantees and warranties from all vendors,
subcontractors and suppliers of goods or services who provide machinery,
equipment, materials or services for the Work
Contractor will, without any charge to the ARCADIS, re- perform and /or
replace any Work not meeting the forgoing warranties or standards. Any claim
to such corrective action or replacement warranty must be in writing and
received by SUBCONTRACTOR within twelve months following completion
of such Work.
If defect or deficiencies are not corrected in a timely manner, ARCADIS shall
be entitled to recover from SUBCONTRACTOR damages for delay in
completing corrective action according to time as required or requested by
ARCADIS. In addition, ARCADIS may cause the same to be corrected by
either its own forces or by others and either deduct costs incurred from any
remaining compensation or recover same as actual damages in the amount of
the ARCADIS' cost of corrective action (measured by ARCADIS' then
existing fee schedule prices and charges).
Contractor shall at all times enforce, or cause to be enforced, strict discipline
and good order among workmen employed to perform the Work. Should any
disorderly or incompetent person be employed by SUBCONTRACTOR, or by
any subcontractor, upon or about any Site, SUBCONTRACTOR shall, upon
request of ARCADIS' representative, cause such person to be removed from
such Site and not again employed thereon without written permission of
ARCADIS.
ARCADIS reserves the right to inspect, test or evaluate any part of the Work at
any time and for any purpose; provided that such inspection or evaluation shall
not be deemed acceptance or approval of the Work. Upon inspection, testing or
evaluation, if any Work fails, in ARCADIS' judgment to meet the
requirements of this Contract, SUBCONTRACTOR shall be obligated at
ARCADIS request to undertake action necessary to correct any such
deficiency.
SUBCONTRACTOR shall keep every Site free from accumulation of waste
materials and rubbish resulting from the Work and at the completion thereof
shall clean up after the Work in a manner satisfactory to ARCADIS.
SUBCONTRACTOR shall perform disposal of refuse in accordance with all
applicable laws and regulations. SUBCONTRACTOR shall clean and remove
from every Site all waste which originates from SUBCONTRACTOR'S
equipment or other property, and all excess material, equipment, debris and
rubbish resulting from the Work. Should SUBCONTRACTOR fail to comply
with the provisions of this Paragraph, ARCADIS shall have the right, on two
(2) days prior notice to SUBCONTRACTOR, to perform such cleaning or
removal of said excess material, equipment, debris, and rubbish, and charge
the cost and expense of such removal to SUBCONTRACTOR.
If SUBCONTRACTOR'S Work involves exposure to or handling of asbestos
containing materials (ACM) and lead -based paint materials (LBP):
SP -02.1 General.
SP- C12.1.1 SUBCONTRACTOR is hereby warned of the possible
existence of ACM and LBP on the Site in the areas and/or materials in or with
which SUBCONTRACTOR must work, and by execution of this Contract
acknowledges and confirms that SUBCONTRACTOR has been become
familiar with information concerning ACM and LBP.
SP- C12.1.2 SUBCONTRACTOR shall be responsible for taking all
steps reasonably necessary and generally accepted in its field to determine the
nature and location of the Work on the Project Sites and the general and local
conditions that can affect the Work or the cost thereof. Any failure by the
SUBCONTRACTOR to do so will not release the SUBCONTRACTOR from
the responsibility of having to successfully perform the Work for the Contract
Sum without additional expenses to ARCADIS. ARCADIS assumes no
responsibility for decisions made by SUBCONTRACTOR based solely on any
comments or representations made by any of its officers, agents, or employees
prior execution of this Agreement unless expressly set forth in this
Agreement.
SP-C12.1.3 SUBCONTRACTOR shall ensure that the performance
of the Work shall be in conformance with all applicable federal, state, and
local laws, regulations, rules, and ordinances in effect or enacted at the time
the Work is performed.
SP-C12.1.4 SUBCONTRACTOR will take all reasonably necessary
precautions to prevent and mitigate discharges, spills, or releases of hazardous
substances or materials into the environment while performing Work under
this Agreement at the Project Sites. SUBCONTRACTOR will notify
ARCADIS immediately when it knows or suspects a discharge, spill, or release
of any hazardous substance or material has occurred or may be imminent.
SP- C12.1.5 SUBCONTRACTOR will promptly and at its expense
undertake and complete all corrective and remedial action that may be
necessary to remedy any existing or threatened discharges, spills, or releases of
hazardous substances caused by SUBCONTRACTOR or any
SUBCONTRACTOR employed by SUBCONTRACTOR. Prior to initiating
any corrective or remedial action, SUBCONTRACTOR will submit to
ARCADIS for review a written plan outlining its proposed actions. If
obtaining ARCADIS' review will substantially impede necessary mitigating or
emergency measures, SUBCONTRACTOR will initiate these measures
immediately and subsequently provide ARCADIS with a written report of all
remediation or corrective actions taken. Review by ARCADIS shall not relieve
subcontractor of any obligations for proper performance of the work.
SP- C12.1.6 SUBCONTRACTOR will handle all hazardous waste
generated at the Project Sites from its activities in accordance with all
applicable laws, rules and regulations. Prior to arranging transportation of any
hazardous waste from the Project Sites, SUBCONTRACTOR shall provide all
required documentation, including completed hazardous waste manifests and
any other documents necessary evidence compliance with all applicable laws,
rules, and regulations. No hazardous substance or hazardous waste at the
Project Sites as the result of SUBCONTRACTOR's or its subcontractors'
activities will be left on the Project Sites after completion of the Work, except
as specifically provided in this Agreement.
SP- C12.1.7 SUBCONTRACTOR will cause the Project Sites to be
free from accumulation of waste materials, rubbish, and other debris resulting
from the Work, and at the completion of the Work, will remove all waste
materials, rubbish, and debris from and about the Project Sites as well as all
tools, construction equipment and machinery, and surplus materials, and will
leave the Project Sites in a clean and sightly condition. SUBCONTRACTOR
will restore to their original condition those portions of the Project Sites not
designated for alteration by this Agreement. All waste materials, rubbish, or
any other debris shall be disposed of in waste disposal sites approved for such
purposes by pertinent laws, rules, or regulations.
SP- C12.1.8 A complete list of any chemicals to be brought to the
Project Sites by SUBCONTRACTOR and copies of the appropriate Material
Safety Data Sheets ( "MSDS ") for those chemicals shall be provided to
ARCADIS by SUBCONTRACTOR prior to the introduction of such
chemicals at the Project Sites.
SP- C12.1.9 SUBCONTRACTOR assumes all liability and
responsibility the proper performance of its work, including for the health and
safety of its employees and its subcontractors' employees. In any and all
claims against ARCADIS, its directors, officers, or any of its agents, or
employees by an employee of SUBCONTRACTOR, its subcontractors, or
anyone employed by them, or anyone for whose acts any of them may be
liable, the indemnification obligation of this subparagraph shall not be limited
in any way by any limitation on the amount or type of damages, compensation,
or benefits payable by or for SUBCONTRACTOR or its subcontractors under
workers' or workmen's compensation acts, disability benefit acts, or other
employee benefit acts. Subcontractor agrees that any client of ARCADIS may
enforce the obligations of this section 12.
SP -02.2 Description.
SP- C12.2.1 SUBCONTRACTOR represents and warrants that all
employees and personnel that SUBCONTRACTOR provides to perform any
services that involve the identification, disturbance, removal or other direct
contact of ACM and LBP are properly trained in the procedures to safely work
with, abate, remove and dispose of ACM and LBP and that such employees
and personnel are properly certified and licensed to perform all such services
relating to the ACM, and LBP.
SP- C12.2.2 SUBCONTRACTOR shall provide all labor, equipment
and material required to work with, abate, remove, and dispose of all ACM or
LBP in the areas designated in this Agreement to be worked in, abated, and
removed.
SP- C12.2c. The specifications and drawings indicate the general
layout of the work, and are not intended to show every detail of the work or
locations of ACM and LBP. SUBCONTRACTOR shall examine the existing
conditions to evaluate the work to be performed. SUBCONTRACTOR is
responsible for selecting the means and techniques for accomplishing the work
safely and in accordance with all applicable laws and regulations.
SP -C12.3 Oualitv Assurance.
SP- C12.3.1 SUBCONTRACTOR shall perform all work in
compliance, and cause all of its subcontractors to perform all work in
compliance, with all applicable laws, ordinances, rules, regulations, and orders
of any applicable governmental authority. Without limiting the generality of
the foregoing, SUBCONTRACTOR shall comply, and cause all its
subcontractors to comply, with the Occupational Safety and Health
Administration (OSHA) and Environmental Protection Agency (EPA) rules
and regulations, including General Industry (29 C.F.R. 1910.1001 Appendix
A1), Construction Industry (29 C.F.R. 1926.58 Appendix A2) and the National
Emissions Standards for Hazardous Air Pollutants (40 C.F.R. Part 61).
SP- C12.3.2 From time to time during progress of the work,
ARCADIS may require SUBCONTRACTOR to conduct personal or
environmental area monitoring of every work area where ACM or LBP may
exist in order to determine the degree of employee exposure to such
substances. ARCADIS' right to request such monitoring shall not be construed
as relieving the SUBCONTRACTOR of responsibility for maintaining all
appropriate surveillance, including monitoring, in order to insure compliance
with all applicable laws, ordinances, rules, regulations and order of any
applicable governmental authority.
SP -02.4 Submittals.
SP- C12.4.1 To assure that SUBCONTRACTOR is aware of the
potential hazards of ACM and LBP, SUBCONTRACTOR shall submit in
writing, before any work is performed, the safety procedures that will be
followed in Subcontractor's performance of the work. Notwithstanding any
review, subcontractor shall remain responsible for performance of its work in a
safe, proper and conforming manner, and any such review is not intended to
imply or infer that ARCADIS will be responsible for work performed.
SP- C114.2 To the extent required by any applicable rules and
regulations, SUBCONTRACTOR shall submit timely and appropriate written
notification prior to commencement of the abatement, removal or disturbance
of any ACM or LBP, to all applicable governmental agencies, including EPA,
OSHA and any appropriate state or local designated agencies. A copy of such
notification shall be submitted prior to commencing work.
SP- C12.4.3 SUBCONTRACTOR shall provide copies of all area and
personal monitoring data and material tests to determine asbestos content as
soon as possible, but not later than 30 days after such data or information has
been obtained by SUBCONTRACTOR.
SP- C12.4.4 If this Agreement specifies that SUBCONTRACTOR
shall dispose of ACM or LBP, then SUBCONTRACTOR shall provide written
documentation, evidencing (1) that all ACM and LBP was delivered to a
government approved, licensed and permitted disposal facility, and (2)
acceptance by such facility.
SP -C13.1 SUBCONTRACTOR shall provide all supervision, labor, materials,
tools, equipment and subcontracted items necessary for the performance of
SP -C13.2 While performing services under this Agreement,
SUBCONTRACTOR shall exercise the degree of care and skill ordinarily
exercised under similar circumstances by asbestos abatement or hazardous
materials, subcontractors, or members of the environmental engineering,
contracting, consulting and testing profession performing the kind of services
to be performed hereunder.
SP -C13.3 SUBCONTRACTOR agrees to re- perform and correct at its own
expense any work or services performed by it which fails to conform to the
standard of care that SUBCONTRACTOR has accepted pursuant to
subparagraph (2) above.
SP -C13.4 SUBCONTRACTOR represents and warrants that it holds all
permits and licensees necessary to perform the services under this Agreement.
SUBCONTRACTOR further represents and warrants that all employees and
personnel that SUBCONTRACTOR provides to perform any services that
involve the identification, disturbance, removal or other direct contact of ACM
or LBP are properly trained in the procedures to safely work with, abate,
remove and dispose of ACM and LBP, and that such employees and personnel
are properly certified and licensed to perform all such services relating to the
ACM and LBP.
RACTOR shall provide notice or certificates of all
permits, licenses, notifications and insurance required for the work called for
in this Agreement. SUBCONTRACTOR shall secure and pay for all such
permits, licenses, notifications, and insurance. SUBCONTRACTOR shall
conform in all other respects to the provisions and regulations of any general
or local building act, ordinance or regulation of any local authority which may
be applicable to the work called for under this Agreement and shall indemnify,
defend and save ARCADIS harmless against any and all cost, damages, losses,
claims or penalties incurred by reason of the failure by SUBCONTRACTOR
to perform services in compliance with any such provisions or regulations.
SP -C14.1 To the extent ARCADIS has access to information relating to the !
site where the services are to be performed, ARCADIS shall provide such
reasonably available information required for SUBCONTRACTOR to
efficiently perform the services. SUBCONTRACTOR shall be responsible for
the verification of the information provided by ARCADIS, and ARCADIS
shall not be responsible for any errors in such information.
SP -C14.2 ARCADIS will designate a representative who shall be familiar with
the services to be provided hereunder to act as a liaison between ARCADIS
and SUBCONTRACTOR.
END OF SCHEDULE F - SPECIAL PROVISIONS FOR CONTRACTORS —
services specified in this Agreement and any proposed requisition issued under
this Agreement. SP -C13.5 SUBCONT
ARCADIS
AGREEMENT FOR SUBCONTRACTOR SERVICES
SUBCONTRACTOR acknowledges that time is of the essence with respect to the
performance and completion of its work under this Contract.
SUBCONTRACTOR shall adhere to, commence and complete its work in
accordance with any schedule incorporated into this Agreement, or any schedule
submitted by SUBCONTRACTOR or attached hereto; and with respect to any
Changes, out of scope or additional work, SUBCONTRACTOR shall
expeditiously perform such work according to any schedule therefore agreed to
by the parties. In the event any schedule is incorporated in this Agreement or
attached to this Agreement, SUBCONTRACTOR acknowledges and agrees that
such schedule has accounted for all inherent or reasonably anticipated delays,
including but not limited to those inherent to obtaining site information, access
sufficient labor, supplies, tools, equipment and utilities required for the project
work, and SUBCONTRACTOR waives any claim of extra compensation or
damages therefor.
SUBCONTRACTOR represents and warrants that it has had an opportunity to
review and/or has carefully examined all necessary drawings, maps, schematics,
specifications, governmental restrictions, permits and license requirements, and
all applicable laws, regulations and rules relating to the Work to be done and the
Site, it surroundings and local conditions, and has made all investigations based
on reasonably available information that are necessary to develop a full
understanding of the hazards and difficulties which can be encountered and are
likely to impact the cost or schedule to perform the Work. SUBCONTRACTOR
is thus familiar with conditions at the Site as are pertinent to or which may affect
the Work and has been granted the right to conduct, and has conducted, all
investigations it deems appropriate to determine that it can fulfill the
requirements of this Agreement. Notwithstanding any other provision of this
Agreement, SUBCONTRACTOR assumes the risk of all conditions, as specified
in this Agreement, that may affect SUBCONTRACTOR'S ability to perform the
Work and will, regardless of such conditions, or the expense or difficulty of
performing the Work or the negligence, if any, of ARCADIS, with respect to
same, fully complete the Work for the stated price without further recourse to
ARCADIS. Information on the Site and local conditions at the Site furnished by
ARCADIS are not guaranteed by ARCADIS to be accurate, and is furnished only
for the convenience of SUBCONTRACTOR.
The discovery of concealed conditions which could not reasonably have been
anticipated by the SUBCONTRACTOR from information available to
SUBCONTRACTOR may constitute a changed condition, which, to the extent
such condition materially affects the cost or schedule to perform the Work, would
entitle the SUBCONTRACTOR to a change and an equitable adjustment of the
Contract price or time. SUBCONTRACTOR warrants that it shall conduct
appropriate investigations to determine, with reasonable certainty, the location of
utility and service lines, underground storage systems, and other subsurface
structures of any kind before commencement of any drilling, excavation, or other
work that has the potential to disturb these structures. SUBCONTRACTOR
further warrants that it shall conduct independent field investigations to confirm
the location of subsurface structures before commencement of subsurface work
and shall not relay exclusively on plot plans or other drawings provided to
SUBCONTRACTOR in conducting these investigations.
Unless expressly stated and agreed to by ARCADIS is a duly executed Work
Authorization, SUBCONTRACTOR shall be solely responsible for the
containerization and lawful disposal of all wastes which originates from
SUBCONTRACTOR'S equipment or other property of SUBCONTRACTOR, or
that is generated by SUBCONTRACTOR during its execution of the Work
including, but not limited to, core drillings and purge waters.
of the Work and any other persons who may be affected thereby and (ii) comply
with all laws, ordinances, rules, regulations applicable to, and orders of public
bodies having jurisdiction over, the safety of persons or property or the protection
of them from damage, injury or loss, including, without limitation, the
Department of Labor Safety and Health Regulations for construction as
promulgated under the Occupational Safety and Health Act of 1970 (PL 91 -596)
and under Section 107 of the Contract Work Hours and Safety Standards Act (PL
91 -54).
To comply with its requirements, SUBCONTRACTOR represents that its Health
and Safety Plan for its Work shall include the SUBCONTRACTOR'S
compliance (including compliance by SUBCONTRACTOR'S employees,
officers, agents, representatives, invitees, and sub - subcontractors) with the
ARCADIS Health and Safety Plan, together with any further amendments to such
plan particular to the SUBCONTRACTOR'S Work and Site deemed necessary
and appropriate by the SUBCONTRACTOR.
SUBCONTRACTOR agrees and understands that ARCADIS claims no
responsibility for the use of the HASP and ARCADIS does not represent that the
HASP is sufficient to address the Work or Site conditions of the
SUBCONTRACTOR. SUBCONTRACTOR shall not hold ARCADIS
responsible for any claims arising from the SUBCONTRACTOR'S use of the
HASP and agrees to indemnify, defend and hold harmless ARCADIS from any
claims for personal injury or property damages arising from or related to the
compliance with, utilization or application, or any alleged deficiencies of the
HASP. Nothing herein, including the use by SUBCONTRACTOR of the HASP
or acknowledgment of the SUBCONTRACTOR'S HASP shall create any duty,
obligation, liability, or responsibility of ARCADIS for any act or failure to act in
respect to any safety provision of the HASP and SUBCONTRACTOR shall
remain solely responsible for the health and safety of SUBCONTRACTOR, its
employees or any person entering the SUBCONTRACTOR'S Work Site.
SUBCONTRACTOR shall be responsible for the exacerbation of any pre-
existing hazardous materials or wastes caused by SUBCONTRACTOR or those
acting under SUBCONTRACTOR'S direction or control.
To the extent ARCADIS has access to information relating to the site where the
services are to be performed, ARCADIS shall provide such reasonably available
information required for SUBCONTRACTOR to efficiently perform the services.
SUBCONTRACTOR shall be responsible for the verification of the information
provided by ARCADIS, and ARCADIS shall not be responsible for any errors in
such information.
SUBCONTRACTOR shall instruct its employees and all those under
SUBCONTRACTOR'S direction or control not to use any on -site well as a water
supply source unless permission is received from the Owner.
SUBCONTRACTOR shall be solely liable for any and all costs incurred by
ARCADIS, its client or others caused by or arising from such use, including but
not limited to sampling and analysis to confirm the existence or absence of any
contamination in the water supply source and areas affected, or alleged to have
been affected, thereby.
- END OF SCHEDULE G - SPECIAL PROVISIONS FOR UTILITY
LOCATORS, DRILLING /GEOPROBE, EXCAVATING AND
INTRUSIVE SERVICES -
SUBCONTRACTOR acknowledges that it is responsible for the health and safety
of its workers and others relating to the SUBCONTRACTOR'S Work and Site.
SUBCONTRACTOR shall (i) be solely responsible for initiating, maintaining
and supervising all safety precautions and programs in connection with protection
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City ", and ARCADIS G &M. Inc., hereinafter referred to as "Consultant ", in consideration of
the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065 -
2821 -03 /CJD; and
WHEREAS, RFQ No. 065- 2821 -03 /CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065- 2821 -03 /CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope(s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on A/Q 0, / 6 2003, accepted the City
Administration's recommendation and designated Consultant as one of six (6) qualified
consulting firms for Scope A and one of five (5) qualified firms for Scope B to provide general
engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-]
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non - exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit `A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of six (6) consulting
firms for Scope A and one of five (5) consulting firms for Scope B which will be assigned
projects listed on Exhibit "A" and that the City has made no representation or promise
regarding which projects or the number of projects that will be assigned to Consultant
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant will be made promptly upon its
ascertainment and verification by the City after the completion of the work under this
agreement and its acceptance by the City.
CA -2
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) of services contemplated under this agreement
and that it will retain and assign qualified professionals to all assigned projects during the
term of this Agreement. Consultant's services shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof; including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
Neither party to this Agreement shall be liable to any third party claiming directly or through
the other respective party, for any special, incidental, indirect, or consequential damages of
any kind, including but not limited to lost profits or use, that may result from this Agreement
or out of the services or goods fiunished hereunder.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrent laggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
CA -3
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant. -
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay other consideration contingent
upon or resulting from the award or making of this contract. For breach or violation of this
warranty, the City shall have the right to annul this contract without liability or, in its
discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON - WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days
written notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425 -0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA -5
DATED this 18 day of (AO v em IDc r
CITY OF BOYNTON BEACH
La44-�
Kurt Bressner, City Manager
Attest/Authenticated:
qCi Clerk �n
I
Approved as to Form:
J 00f the ' Attorney
Rev. 04/08/03
,20 .
Co tart
�vc,F Uu �ld�W�
Title
��� SoY M 710N0\
V IkCOgPQRATfD �_
1920
(Corporate Seal)
Attest/Authenticated:
�L a Q"
Secretary
CA -6
EXHIBIT A
SCOPE A: WATER PLANT EXPANSIONS and CAPACITY REPLACEMENT
• Low Pressure Membrane Softening
• Low Pressure Reverse Osmosis
• Nanofiltration
• Anionic Exchange
• Lime Softening
• Other Related Services
SCOPE B: WELLFIELD DEVELOPMENT and HYDROGEOLOGY SERVICES
• Well Redevelopment and Modification
• Bringing Existing Wells to Production
• New Surficial Wells
• Locating and Installing New Floridan Aquifer Wells
• Wellfield Improvements
• Aquifer Storage & Recovery (ASR) Well Development
• Deep Injection Well Maintenance and Repair
• Multi- purpose ASR/Floridan Wells
• Wellfield Protection
• Wellfield Flow Analysis
• Other Related Services
EXHIBIT B
ARCADIS
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION
WHERE AN HOURLY RATE IS ASSIGNED
Project Engineer
Scientist
Senior Designer
Desi ner
Senior Engineer/Hydrogeologist
Engineer/Hydrogeologist (Technical
Specialist)
( Senior Professional Surveyor/Mapper
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative
(Professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support
Administrative Support
Paraprofessional
Aerial Photogrammetry
' Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs — Mark -up %
Office, reproduction, mailing, etc.
Direct Costs — Mark-up %
Subconsultants
$90
$75
$85
$70
$135
$94
$65
$80
$85
$80
$65
$50
Nexhip Maska, Rod Miller, Sally Durall
Brian Oliva
Bill Vogelsong, Mike Kladias, Doug
Young, Wayne Welch, Ed Springthorpe
Lech Kwapinski
Cost + 10%
Cost + 10%
O:VROPOSAMB„ REVISED 10/22/03
PRODUCER
MARSH USA, INC.
1225 17TH STREET, SUITE 2100
DENVER, CO 80202 -5534
Attn: STEVE WILSON 303 - 308 -4569
33320 -00124-00 -01 N
INSURED
ARCADIS
ATTN: CHANDRA DOWNEY
630 PLAZA DRIVE, SUITE 200
HIGHLANDS RANCH, CO 80129 -2377
CERTIFICATE NUMBER
00713900 - 01
THIS CERTIFICATE Ni ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN,
COMPANIES AFFORDING COVERAGE
COMPANY
A GREENWICH INSURANCE COMPANY
COMPANY
B XL SPECIALTY INSURANCE COMPANY
COMPANY
C
COMPANY
D
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED 14EREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
LTR DATE (MMIDD/YY) DATE (MMIDDNY)
GENERALLIABIUTY
A X
COMMERCIALGENERALLIIIBILITY
GEC001076101
CLANS MADE JA J OCCUR
OWNER'S S CONTRACTORS PROT
AUTOMOBILE UABNJTY
A 7 ANY AUTO
AEC001075801
A _ ALL OWNED AUTOS
AEC001104701 (TX)
_ SCHEOULEDAUTOS
X HIRED AUTOS
X NON•OW14ED AUTOS
—i
,
� I
GARAGE LIABILITY
ANY auro
EXCESS LIABILITY
UMBRELLAFORM
OTHER THAN UMBRELLA FORM
WU
krMNS COMPENSATIUN AND
EMPLOYERS' LIABILITY
B
WECO01076001
THE PROPRIETOR/ X INCL
PARTNERSINXECUTIVE
OFFICERS ARE: EXCL
OTHEK
I GENERAL A(LiATE
01/01/03 01/01/04 I PROOUCT3 - COMPIOP AGG
i PERSONAL 6 ADV INJURY
i EACH OCCURRENCE
I FIRE DAMAGE (My One Ike)
MED EXP (Any am pama I
01/01/03 01/01/04
01/01/03 01/01/04
01/01103 01/01/04
COII/BWED SINGLE LNWT
BODILY INJURY
(Per person)
BODILY INJURY
(Per modeM)
PROPERTY DAMAGE
LIMITS
s
s
s
1 $
1 $
2,000,000
2,000,000
1,000,000
1,000,000
1,000.000
10,000
1,000,000
S
P
AUTO ONLY - EA ACCIDENT ($
i OTHER THAN AUTO ONLY:
EACH ACCIDENT S
i AGGREGATE Is
EACH OCCURRENCE 1
(AGGREGATE is
1 is
Wt. I x l TORY I I ER
EL EACH ACCIDENT $ 1,000,000
I EL DISEASE - POLICY LIMIT 1 $ 1,000,000
EL DISEASE -EACH EMPLOYEE $ 1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONSNE {ICLES/SPECUIL ITEMS
RE: CITY OF BOYNOTON BEACH - TWO YEAR GENERAL CONSULTING AND ENGINEERING SERVICES - DESIGN, PERMITTING, BIDDING,
CONSTRUCTION, ADMINISTRATION AND ALL SERVICES FOR WATER PLANT EXPANSION AND CAPAPCITY REPLACEMENT; WELLFIELD
DEVELOPMENT AND HYDROGEOLOGY SERVICES; INFRASTRUCTURE IMPROVEMENTS AND ANCILLARY STUDIES AND SERVICES.
THE CITY OF BOYNTON BEACH IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO THE GENERAL AND AUTOMOBILE
BHOLLO ANY Of THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAR _3A DATS wRrrrEN NOTICE TO THE
CITY OF BOYNTON BEACH CERTIFICATE HOLDER NAMED HEREIN, BUT FALURE TO MAL SUCH NOTICE SHALL tWOSE NO OBLIGATION OR
124 E. WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435 LUBILRY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE
ISSUER OF THIS CERTIFICATE.
MARSH USA INC. _ -
BY! Dorothy A. Stevens Aow0 v a. � t � r- �.ow
VALID AS OF 12/08/03
PRODUCER
MARSH USA, INC.
COMPANY
1225 17TH STREET, SUITE 2100
DENVER, CO 80202 -5534
E
Attn: STEVE WILSON 303 - 308.4569
COMPANY
F
33320 - 00124 -00 -01 N
INSURED
COMPANY
ARCADIS
ATTN: CHANDRA DOWNEY
630 PLAZA DRIVE, SUITE 200
HIGHLANDS RANCH, CO 80129 -2377
COMPANY
H
CONTINUED FROM DESCRIPTION SECTION:
LIABILITY AS PER BLANKET ENDORSEMENTS ON POLICIES.
DATE (MMIDDM)
11/08/03
COMPANIES AFFORDING COVERAGE
MARSH USA INC. BY
Dorothy A. Stevens 40w4my
PRODUCER
MARSH USA INC.
122517TH STREET, SUITE 2100
DENVER, CO 80202 -5534
Attn: STEVE WILSON 303 - 308-4569
33320 - 00005 -1M -00-01
INSURED
ARCADIS
ATTN: CHANDRA DOWNEY
630 PLAZA DRIVE, SUITE 200
HIGHLANDS RANCH, CO 80129 -2377
CERTIFICATE NUMBER
M00071390 -01
TH13 CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
COMPANY
A INDIAN HARBOR INSURANCE COMPANY
COMPANY
B
COMPANY
C
COMPANY
D
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLrAE3 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE IMM/DD/YY) DATE (MMM)DDFM
GENERAL LIABILITY
GENERAL AGGREGATE $
COMMERCIAL GENERAL LIABILITY I PRODUC73 - COMP/OP AGG $
CLAIMS MADE F� OCCUR I PERSONAL i AM INJURY $
OWNER'S S CONTRACTORS PROT EACH OCCURRENCE $
FIRE DAMAGE Ww am IBe) $
MED EXP (AIW DIN 0044) $
AUTOMOBILE LIABILITY
COMBINED SINGLE LUT $
_ ANY AUTO
_ ALL OWNED ALTOS
I BODILY INJURY $
(P_ P_)
i SCHEDULED AUTOS
HIRED AUTOS
��
I
BODILY INJURY $
I
(Pereacldent)
NON-OWNED AUTOS
}�
PROPERTY DAMAGE I $
I f
GARAGE LIABILITY
I s
AUTO ONLY • EA ACCIDENT
_I
ANY AUTO
I OTHER THAN AUTO ONLY:
I EACH ACCIDENT $
I AGGREGATE Is
EXCESS LIABILITY
1 EACH OCCURRENCE 1$
I
UMBRELLA FORM
AGGREGATE I
OTHER THAN UMBRELLA FORM
I $
WO
KERB COMPENSATION AND
S LAAUTS I I U ER
EMPLOYERS' LIABIUTY
J
TORY
i
EL EACH ACCIDENT 1 $
THE PROPRIETOR/ R INCL I EL DISEASE4-OLICY LIMIT $
PAMNERS/EXECUTIVE E
OFFICERS AR EXCL I EL DISEASE -EACH EMPLOYEE 3
UTHM:N CLAIMS -MADE
A PROFESSIONAL LIABILITY PEC0008763 -02 03/16/03 03/16/04 PER OCCURRENCE $1,000,000
AND CONTRACTORS
POLLUTION LIABILITY
DESCRIPTION OF OPERATIONSA=ATIONSNEHICLES /SPECIAL ITEMS
RE: CITY OF BOYNOTON BEACH - TWO YEAR GENERAL CONSULTING AND ENGINEERING SERVICES - DESIGN, PERMITTING, BIDDING,
CONSTRUCTION, ADMINISTRATION AND ALL SERVICES FOR WATER PLANT EXPANSION AND CAPAPCITY REPLACEMENT; WELLFIELD
DEVELOPMENT AND HYDROGEOLOGY SERVICES; INFRASTRUCTURE IMPROVEMENTS AND ANCILLARY STUDIES AND SERVICES.
FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED IEFORE THE EVIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAX All DAYS WWTEN NOTICE TO THE
CITY OF BOYNTON BEACH CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL BIIPOSE NO OBLIGATION OR
124 E. WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES. OR THE
ISSUER OF THIS CERTIFICATE
MARSH USA INC.
sY: Dorothy A. Stevens 4' Q
VALID AS OF 12/08/03
PRODUCER
MARSH USA INC.
COMPANY
122517TH STREET, SUITE 2100
DENVER, CO 80202 -5534
E
Attn: STEVE WILSON 303 - 308.4569
COMPANY
F
33320.00005.1M -00-01 N
fN3URED
COMPANY
ARCADiS
ATTN: CHANDRA DOWNEY
G
630 PLAZA DRIVE, SUITE 200
HIGHLANDS RANCH, CO 801294377
COMPANY
DATE (MMfDDIYY)
12/08/03
COM HIES AFFORDING COVERAGE
CONTINUED FROM DESCRIPTION SECTION:
THE POLICY PERIOD FOR ALL OPERATIONS OF THE INSURED. THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE.
CITY OF BOYNTON BEACH
124 E. WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
MARSH USA INC. BY
Dorothy A. Stevens Alow v Ja
V2ARCADIS
Infrastructure, buildings, environment, communications
Ms. Barbara Conboy
Manager, Utilities Administration
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, Florida 33435
subject: ,
ARCADIS Agreement for General Consulting and Engineering Services and
Insurance Certificates for RFQ No. 065- 2821 -03 /CJD
Dear Ms, Conby:
Enclosed is the executed subject contract. Also enclosed are copies of insurance
certificates naming the City of Boynton Beach as additional insured. Original
certificates are being mailed to the City directly from our insurance company.
We appreciate the opportunity and look forward to working with the City. Please let
us know if we can provide further assistance.
Sincerely,
ARCADIS G &M, Inc.
Thomas L. Tessier, PG
Vice President
Client Service Manager
Willia . Lyn PE
Area Manager
cc: Elizabeth Oliva
Encl: Agreement for General Consulting and Engineering Services
Insurance Certificates
Part of a bigger picture
G:WPROJEC11Boynton Bea ch\Contract-Iruurance Letter 12 10 03.doc
ARCADIS G &M, Inc.
712 U.S. Highway One
Suite 200
North Palm Beach
Florida 33408
Tel 561 8810077
Fax 561 881 0012
www.arcadis- us.com
Water/Waste
Dote:
December 10, 2003
Contact:
Tom Tessier
Extension:
15
Email:
ttusier@area(lis-us.com