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Item 16 Approval to Reject all Bids received for ITB#23-001 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: January 17, 2023 Item #: 16 Contact Name: Joyce Tolbert, Shannon Hopper Department Director: Rebecca Roberts Contact Number: Ext. 1516, Ext. 1524 City Manager: Robert Frank Subject: Approval to Reject all Bids received for ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station- ARPA Federal Grant Funded Project. (Procurement Manager Tolbert) Background Summary: With the intention of awarding a contract, the City solicited sealed bids for ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station- ARPA Federal Grant Funded Project. The City’s WWTP Reuse and Transfer Pump stations consist of four (4) short set vertical transfer pumps at the WWTP Transfer Pump station and four (4) split case pumps at the WWTP Reuse building. The upgrade project involves the removal and installation of new pumps, appurtenance, pump stands and grouting, VFD’s (if applicable), panel components, and the application of protective coatings. The ITB was publicly advertised on October 23, 2022, and opened on December 6, 2022. A total of two (2) Bids were received through the Bonfire e-procurement platform - Censtate Contractors, Inc. submitted a Bid in the amount of $964,145.00 and Carr & Collier, Inc. submitted a Bid in the amount of $1,067,700.00. Both Bids received were significantly more than the budgeted amount of $412,000.00. After review by the Utilities and Finance Departments, and after consulting with Assistant City Attorney Robin Drage, staff recommends rejecting all Bids based on the fact that they are both over budget as indicated in the attached memorandum from Assistant Utilities Director Jen Bolling. Additionally, the Utilities Department will explore options to reduce the cost. The City will maintain the public records exemption status for both Bids as applicable. Issue: Should the City Commission reject all Bids received for ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station- ARPA Federal Grant Funded Project? Recommendations: Staff recommends the Honorable Mayor and City Commissioners reject all Bids received for ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station- ARPA Federal Grant Funded Project. Attachments: 1. ITB#23-001 Rejection Recommendation 2. ITB23-001 Solicitation Page 381 of 656 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Financial Impacts: ARPA Federal Grant Funded Project Type of Item: Consent Page 382 of 656 Page 383 of 656 CITY OF OCOEE INVITATION TO BID #23-001 (ITB) UPGRADE TO EXISTING TRANSFER PUMP STATION AND UPGRADE TO EXISTING REUSE PUMP STATION – ARPA FEDERAL GRANT FUNDED PROJECT Page 384 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 2 TABLE OF CONTENTS FOR ITB #23-001 UPGRADE TO EXISTING TRANSFER PUMP STATION AND UPGRADE TO EXISTING REUSE PUMP STATION ARPA FEDERAL GRANT FUNDED PROJECT BID DOCUMENTS Section Page Legal Advertisement 3 Bid Instructions 4-9 General Terms & Conditions 10-21 Scope of Work/Specifications 22-29 EXHIBITS: BID FORM, PLAN SHEETS, PROPOSED CONTRACT Section Page Exhibit A - Questionnaire* 30-33 Exhibit B - Bid Form* 34 Exhibit C - Drug-Free Workplace Certification Form* 35 Exhibit D - Certification of Non-segregated Facilities Form* 36 Exhibit E - Conflict of Interest Disclosure Form* 37 Exhibit F - Non-Collusion Affidavit* 38 Exhibit G - Sworn Statement on Public Entity Crimes Form* 39-40 Exhibit H - Certification Regarding Scrutinized Companies’ Lists Form* 41 Exhibit I - Certification of Nondiscriminatory Labor Practices* 42 Exhibit J - Byrd Anti-Lobbying Amendment Certification* 43 Exhibit K - Company Information & Signature Sheet* 44 Exhibit L - Sam.gov - Bidder’s Registration Information* 45 Exhibit M - 2 C.F.R Appendix II to Part 200 – Federal Requirements 46-49 Exhibit N - Bid Bond Form* 50-55 Exhibit O1 - Performance Bond Form 56-57 Exhibit O2 - Payment Bond Form 58-59 Exhibit P - Payment Application Form 60-61 Exhibit Q - Plan Sheets - E-4, E-6, E-7, M-1, M-2 62-67 Exhibit R - Proposed Contract 68-80 Exhibit S - 710 – Standard General Conditions of the Construction Contract 710-1 - 710-68 *Submit documents with Bid End of Table of Contents Page 385 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 3 Invitation to Bid, Legal Advertisement The City of Ocoee, Florida (the “City”) is soliciting sealed Bids for the following project: ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station- ARPA Federal Grant Funded Project. Bid packages will only be accepted electronically through Bonfire, a free e-Procurement platform, until 2:00 pm, local time, on November 29, 2022. Bids received after that time or through any other method will not be accepted under any circumstances. Bids that have been timely received will be publicly opened virtually online and the na mes of the responding firms read aloud at that time; instructions will be provided at https://www.ocoee.org/959/Public-Bid-Meetings. All questions regarding this ITB shall be in writing to Shannon Hopper, Purchasing Technician, Finance Department/Purchasing shopper@ocoee.org. A non-mandatory Pre-bid conference and site visit is scheduled for November 10, 2022 at 10:00 a.m., local time, at the City of Ocoee Utilities Administration Building, 1800 AD Mims Road, Ocoee, FL 34761. Prospective Bidders may secure a copy of the documents required for submitting a bid at no charge through Bonfire by accessing the City’s published solicitation page at https://ocoee.bonfirehub.com. For more information, visit https://www.ocoee.org/323/Purchasing. Prospective Bidders will be provided with all information regarding this ITB, addenda, and changes to the project requirements through the Bonfire e-Procurement Platform. Melanie Sibbitt, City Clerk, Orlando Sentinel, October 23, 2022. Page 386 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 4 CITY OF OCOEE INVITATION TO BID ITB #23-001 UPGRADE TO EXISTING TRANSFER PUMP STATION AND UPGRADE TO EXISTING REUSE PUMP STATION – ARPA FEDERAL GRANT FUNDED PROJECT INTENT: The City of Ocoee, Florida (the “City”, “Owner”) is soliciting sealed Bids for following project: ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station - ARPA Federal Grant Funded Project. The Project is one of the City’s designated utilities projects federal grant funded through the American Rescue Plan Act (ARPA) / Coronavirus State and Local Fiscal Recovery Funds (SLFRF). Sealed bids for ITB #23-001 will be received by qualified persons, firms, corporations or agencies submitting a bid for the work proposed, hereinafter called “Bidder”, “Respondent”, “Contractor”, “Offeror”. The proposed Contract will be for all labor, supervision, materials, equipment, supplies and incidentals for the Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station, as listed under the “Scope of Work/Bid Form” section of this Invitation to Bid. BIDDING INSTRUCTIONS: A. Each Bidder shall furnish the information required on the bid form supplied and each accompanying sheet thereof on which an entry is made. Bids submitted on any other format shall be disqualified. Please check your prices before submission of bid , as no changes will be allowed after bid opening. Bids must be typewritten or handwritten using ink. Do not use pencil. No erasures are permitted. Mistakes may be crossed out and the correction typed adjacent and must be initialed and dated by the person signing the bid. Bid documents must be signed by a legally responsible representative, officer, or employee and must be properly witnessed and attested. All bids should also include the name and business address of any person, firm, or corporation interested in the bid, either as a principal, member of a firm, or general partner. If the Bidder is a corporation, the bid should include the name and business address of each officer, director, and holder of 10% or more of the stock of such corporation. B. Prospective Bidders may secure a free copy of the documents required for submitting a Bid through the Bonfire platform by accessing the City’s published solicitation page at https://ocoee.bonfirehub.com. Please visit https://www.ocoee.org/323/Purchasing for more information. Prospective Bidders will be provided with all information regarding this ITB, addenda, and changes to the project requirements through the Bonfire platform; there is no charge to use the Bonfire platform. Partial sets of the documents required for submitting a Bid will not be issued. The City is ONLY accepting electronic solicitation responses online through the City’s Bonfire platform at https://ocoee.bonfirehub.com. This link can also be accessed through the City’s website at https://www.ocoee.org/323/Purchasing under the Current Open Solicitations menu. All Bid submissions for this ITB MUST be submitted through the Bonfire Platform. Bid submissions received in any other format will not be accepted; no Page 387 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 5 paper, fax, or e-mailed submissions will be accepted. There is no charge for bidders to use the Bonfire e-procurement platform. Bonfire platform’s minimum system requirements: Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. JavaScript and browser cookies must be enabled. Registration with Bonfire is free and is required prior to submitting a bid . You will be required to register once you click the “PREPARE YOUR SUBMISSION” in the solicitation file. It is suggested your company register no later than 24 hours in advance of the bid submission deadline to ensure proper registration. Should your company need assistance with registering, please contact the Bonfire Support Desk by emailing support@gobonfire.com. Support by email is provided Monday to Friday from 8:00 a.m. – 8:00 p.m. EST/EDT. Upon completing the registration with Bonfire, bidders will be able to submit a bid securely, any time before the bid submission deadline, at https://ocoee.bonfirehub.com by clicking the “PREPARE YOUR SUBMISSION” under the solicitation. An instructional video is provided for an overview of the submission process. Once the bid has been submitted, the Bidder will receive a date/time stamp confirmation within the Bonfire platform and an email confirmation of the bid submission. Bids submitted on the Bonfire Platform will remain locked and inaccessible by City staff until the bid deadline. Bidders are encouraged to allow ample time to upload and submit their Bid as the system will automatically lock responses upon the bid deadline. A virtual public bid opening will be held on the date and time indicated below. Details on how to access the virtual bid opening will be located on the City’s website at https://www.ocoee.org/959/Public-Bid-Meetings. The actual contract award will be made by the Ocoee City Commission at a later date. Please be aware that all City Commission meetings are duly noticed public meetings and all documents submitted to the City as a part of a bid constitute public records under Florida law. C. Pre-Bid Conference / Site Visit: The non-mandatory pre-bid conference and site visit is scheduled for Thursday, November 10, 2022 at 10:00 a.m. local time. Although the conference is non-mandatory, this will be the only date and time the site will be open and available for inspection due to its secure location. The Pre-bid conference will begin at the City of Ocoee Utilities Administration Building located at 1800 AD Mims Road, Ocoee, FL 34761, then proceed to the secure site location. All questions shall be in writing and submitted as specified in the following paragraph. D. The City will receive questions regarding this ITB through the Bonfire Platform or through written inquiries directed to Shannon Hopper, Purchasing Technician at shopper@ocoee.org. Deadline for receipt of written inquiries will be November 15, 2022 at 2:00 p.m., local time. Any clarifications/changes will be made by way of written addenda only, issued by the Finance Department/Purchasing. Bidders should not contact City staff, with the exception of the Purchasing Technician, or other City consultants for information regarding this ITB before the Bid award date. Any contact with any other member of City Staff, City Commission, or its agents during the solicitation, award, and protest period may be grounds for disqualification. E. Bidders shall submit one (1) complete electronic copy, preferably in a single file, of their Bid on the Bonfire Platform. Bids must be received and by Bonfire no later than 2:00 p.m., local time, on November 29, 2022. Any attempt to submit a bid after the bid deadline will not be accepted under any circumstances. Any uncertainty regarding the time a bid is received will Page 388 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 6 be resolved against the Bidder. It shall be the sole responsibility of the Bidder to have the bid uploaded and submitted on the Bonfire Platform prior to the due date and time. File Uploads – Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Platform. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated. All electronic files uploaded must be in a common format accessible by software programs the City uses. Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf). Respondents will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Respondents will not disable or restrict the ability of the City to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may disqualify any Submittal Response that does not meet the criteria stated in this paragraph. F. All Bidders shall thoroughly examine and become familiar with the Bid Documents and carefully note the items which must be submitted with the bid, such as: a) Bid Security in the form of a Bid Bond, Cashier’s/Certified check b) Bid Form c) Installation Instructions d) Questionnaire e) Required forms listed on the Table of Contents with an asterisk (*) f) Any other information specifically called for in these Bid Documents. G. Submission of a bid shall constitute an acknowledgment that the Bidder has complied with Paragraph F. The failure or neglect of a Bidder to receive or examine a bid document shall in no way relieve the bidder from any obligatio ns under its bid or the contract. No claim for additional compensation that is based upon a lack of knowledge or understanding of any of the Contract Documents or the Scope of Work will be allowed. All items quoted shall be in compliance with the Bid Documents/Scope of Work. H. Any response by the City to a request by a prospective Bidder for clarification or correction will be made in the Bonfire ITB file or in the form of a written addendum, which will be distributed via Bonfire not later than twenty-four (24) hours before bid opening. It shall be the responsibility of each Bidder to obtain a copy of all issued Addenda. The City reserves the right to issue Addenda concerning date and time of bid opening at any time up to the date and time set for bid opening. In case any Bidder fails to acknowledge receipt of any such Addendum, its bid will nevertheless be construed as though the Addendum had been received and acknowledged. Submission of a bid will constitute acknowledgment of the receipt of the Bid Documents and all Addenda. Only interpretations or corrections provided by written Addenda shall be binding on the City. Bidders are cautioned that any other source by which a Bidder receives information concerning, explaining, or interpreting the Bid Documents shall not bind the City. I. Any of the following causes may be considered as sufficient for the disqualification of a Bidder and the rejection of its bid: Page 389 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 7 a) Submission of more than one (1) bid for the same work by an individual, firm, partnership or corporation under the same or different name. For purposes of this subparagraph, firms, partnerships or corporations under common control may be considered to be the same entity; b) Evidence of collusion between or among Bidders; c) Being in arrears on any of its existing contracts with the City or in litigation with the City or having defaulted on a previous contract with the City; d) Poor, defective, or otherwise unsatisfactory performance of work for the City or any other party on prior projects that, in the City’s judgment and sole discretion, raises doubts as to Bidder’s ability to properly perform the work; e) Failure to provide the required Bid Security; f) Failure to comply with state licensing requirements; g) Proposing a sub-standard exception to the specifications; or h) Any other cause which, in the City’s judgment and sole discretion, is sufficient to justify disqualification of Bidder or the rejection of its bid. J. FEDERAL GRANTS: The City will use Sam.gov to check for any disbarment/suspension of all responding Bidders. The City of Ocoee requires t he successful Bidder to register with Sam.gov, if not already registered, prior to execution of the contract. Bidder should submit the attached form (Exhibit “L”) with its bid. The successful Bidder will be required to submit this form prior to award. All procurements by Federal Grant recipients and sub-recipients shall comply with the provisions of 2 C.F.R. Section 200.317 – 327. All procurement transactions shall be conducted in a manner providing full and open competition consistent with the standards of 2 C.F.R. Section 200.317 – 327. The Federal Government is not a party to any resulting contract and is not subject to any obligations or liabilities to the City, Contractor, or any other party pertaining to any matter resulting from this contract. In the event of a conflict between the City’s Purchasing Policy, codified at Chapter 21 of the City’s Code of Ordinances, and Federal Code, the more restrictive rule shall prevail. Proper documentation as required by the American Rescue Plan Act (ARPA), per the attached federal requirements and corresponding forms. Media Interaction - The contractor, including all sub-contractors, will not provide any information to the media without the expressed written permission of the City’s Utilities Director. This includes on site interviews requested from any media outlet. All inquiries by a member of the media or any elected official will be directed to the City’s Utilities Director. The Contractor will ensure this guidance is disseminated t o all employees and sub- contractors on the project Federal Seal, Logo and Flags - The contractor shall not use the Federal agency’s seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific Federal pre-approval. Page 390 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 8 Contractor shall comply with the Energy Policy and Conservation Act (42 U.S.C. section 6201). Mandatory standards and policies relating to energy efficiency, contained in any applicable State Energy Conservation Plan, shall be utilized. All applicable laws and regulations of the United States, the State of Florida, and the City of Ocoee will apply to any resulting Agreement. By entering into this contract, the awarded bidder is obligated to comply with the provisions of § 448.095, Fla. Statutes, "Employment Eligibility." This includes, but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontracto r does not employ, contract with, or subcontract with, an alien unauthorized to work in the USA. Failure to comply will lead to termination of this contract, or if a subcontractor knowingly violates the statute, the subcontractor must be terminated immediately. RETENTION OF RECORDS FOR ARPA PROJECTS The U. S. Department of Treasury requires records to be maintained for a period of five years for the ARP/CSLFRF award. Contractor shall retain all records for ARPA projects and make available upon request for a period of five (5) years following final payment to the contractor. K. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME). A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an award to provide any goods or services to a public entity, may not submit a bid on an award with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under a award with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in § 287.017 for Category Two fo r a period of 36 months from the date of being placed on the convicted vendor list. [See s. 287.133(2) (a), Florida Statutes.] L. FLORIDA PUBLIC RECORDS LAW. In accordance with Chapter 119, Florida Statutes, and, except as may be provided by Chapter 119, Florida Statutes, and other applicable State and Federal Laws, all Bidders should be aware that the Bid and the responses thereto are in the public domain and are available for public inspection. Bidders are requested , however, to identify specifically any information contained in their bids that they consider confidential and/or proprietary and that they believe to be exempt from disclosure, citing specifically the applicable exempting law. All bids received in response to this Invitation to Bid become the property of the City and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City. M. PUBLIC RECORDS COMPLIANCE. The City of Ocoee (City) is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida’s Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. Page 391 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 9 3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the contract, Contractor agrees to transfer at no cost to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public record to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirement s. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from t he City’s custodian of public records, in a format that is compatible with the information technology systems of the City. 5. A Contractor who fails to provide the public records to City within a reasonable time may be subject to penalties under § 119.10, Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407 -905-3100, EXTENSION 1022, CCDL@ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 1 N. BLUFORD AVENUE, OCOEE, FLORIDA 34761 N. The City reserves the right to accept or reject any or all bids, to waive formalities, technicalities or irregularities, to request clarification of informati on submitted in any bid, or to re-advertise for new bids. The City may accept any item or group of items of any bid, unless the Bidder qualifies its bid by specific limitations. The City may accept one or more bids if, in the City’s discretion, the City d etermines that it is in the City’s best interest to do so. The City may accept or reject any proposed equal specification product. The City reserves the right to award the contract to the Bidder which, in the City’s sole discretion, is the most responsive and responsible. The City reserves the right, as an aid in determining which bid is responsible, to require a bidder to submit such additional evidence of Bidder’s qualifications as the City may deem necessary, and may consider any evidence available to the City of the financial, technical, and other qualifications and abilities of a Bidder, including past performance (experience) with the City and others. The City Commission shall be the final authority in the selection of any and all bids for acceptance and award. END OF SECTION Page 392 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 10 ITB #23-001 GENERAL TERMS & CONDITIONS: 1. BID SECURITY: a) Each Bid must be accompanied by Bid Security in the form of a Cashier’s/Certified Check upon an incorporated bank or trust company or a Bid Bond in an amount equal to five percent (5%) of the amount of the bid and submitted on the attached Bid Bond Form. A combination of any of the former is not acceptable. Cash will not be accepted as Bid Security. The Bid Security is submitted as a guarantee that Bidder, if awarded the Contract, will after written notice of such award, enter into a written Contract with the City and as a guarantee that Bidder will not withdraw its bid for a period of ninety (90) days after the scheduled closing time for the receipt of bids, in accordance with the accepted bid and bid documents. Please note checks will be deposited. b) A copy of the bid security is to be included with the bid submitted electronically Bonfire. The original bid security is to be mailed within five (5) business days after the bid opening to: City of Ocoee, Finance Department/Purchasing, Attention: Shannon Hopper, Purchasing Technician, 1 N. Bluford Avenue, Ocoee, FL 34761. Failure to provide the original will cause your bid to be deemed non-responsive. c) In the event of withdraw al of said bid within ninety (90) days following the opening of bids, or respondent’s failure to enter into said contract with the City or failure to provide the City with other requirements of the contract documents or the bid invitation after issuance of Notice of Intent to Award by the City, then such respondent shall be liable to the City in the full amount of the check or bid bond and the City shall be entitled to retain the full amount of the check or to demand from the Surety the penal sum of the bid bond as liquidated damages and not a penalty. d) Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed by a licensed agent who holds a current Power of Attorney from the surety company issuing the bond. e) The cost of the required bond and required insurance coverage is to be included in Bidder ’s overhead and is not eligible for reimbursement as a separate cost by the City. f) The checks of the three (3) most favorable respondents will be returned within three (3) days after the City and the successful respondent have executed the contract for work or until the 91st day after bid opening, whichever is earlier. The remaining checks will be returned within thirty (30) days after the opening of bids. Bid Bonds will be returned upon request following the same criteria as a check. 2. PERFORMANCE AND PAYMENT BONDS: a) The Successful Bidder shall furnish the City with a State of Florida 100% Performance and a 100% Payment Bond written by a Surety Company acceptable to the City. Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed by a licensed agent who holds a current Power of Attorney from the surety company issuing the bond. The attached Performance and Payment Bond Forms shall be used, attached hereto as Exhibit “O1” and “O2”. b) The cost of the Performance and Payment Bonds shall be borne by the Successful Bidder. The performance and payment bonds shall be written by a surety company listed on the U.S. Treasury, Fiscal Service, Bur eau of Governmental Financial Page 393 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 11 Operations, (latest review) entitled “Companies Holding Certificates of Authority as Acceptable Surety on Federal Bond and as Acceptable Reinsuring Companies” and approved by the City. The bonds shall be accompanied by duly authenticated or certified documents, in duplicate, evidencing that the person executing the Bonds in behalf of the Surety had the authority to do so on the date of the bonds. The date of the certification cannot be earlier than the Agreement. 3. DEFAULT: As a result of bids received under this ITB, the award of the contract may be based, in whole or in part, on delivery and specification factors. Accordingly, should the Contractor not meet the delivery deadline(s) set forth in the specifications or should the Contractor fail to perform any of the other provisions of the specifications and/or other Contract Documents, the City may declare the Contractor in default and terminate the whole or any part of the contract. Upon declaring the Contractor in default and the contract in whole or in part, the City may procure and/or cause to be delivered the equipment, supplies, or materials specified, or any substitutions thereof and the Contractor shall be liable to the City for any excess costs resulting therefrom. In the event the Contractor has been declared in default of a portion of the contract, the Contractor shall continue the performance of the contract to the extent not terminated under the provisions of this paragraph. Where the Contractor fails to comply with any of the specifications, except for delivery deadline(s), the City may, in its discretion, provide the Contractor with written notification of its intention to terminate for default unless prescribed deficiencies are corrected within a specified per iod of time. Such notification shall not constitute a waiver of any of the City’s rights and remedies hereunder. 4. PATENT INDEMNITY: Except as otherwise provided, the successful Bidder agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses for infringement upon any letters patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the City or supplies furnished or const ruction work performed hereunder, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Bidder and persons employed or utilized by Bidder in the performance of the construction contract. Further, Bidder shall fully indemnify, defend, and hold harmless the City and its officers, agents, and employees from any suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, unpatented invention, or intellectual property right. If the bidder uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the bid price shall include all royalties or cost arising from the use of such design, device, or materials. 5. PRICING: Pricing shall be provided as indicated on the Bid Form attached as Exhibit B, to include any alternate bids. Note that alternate bids will not be accepted unless specifically called Page 394 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 12 for on the Scope of Work and/or Bid Form. In case of a discrepancy between the unit price and extended price, the unit price will be presumed to be correct. Cost of preparation of a response to this bid is solely that of t he bidder and the City assumes no responsibility for such costs incurred by the bidder. The Bid Form shall not be completed in pencil. All entries on the Bid form shall be legible. The City reserves the right, but does not assume the obligation, to ask a Bidder to clarify an illegible entry on the Bid Form. If the Bid Form requires that the Bid price, or constituent portions of the Bid price, be stated in unit prices and total price; the unit prices and the total price for the stated number of units identified on the Bid form should be provided by the Bidder and be correctly computed. If there is an arithmetical conflict, between the unit price stated by the Bidder on the Bid Form and the total price stated by the Bidder on the Bid Form, the unit price stated by the Bidder on the Bid Form shall take precedence. The City may unilaterally correct such arithmetical conflict on the Bid Form to calculate the total price, utilizing the unit prices that have been identified by the Bidder. The taking of such action by the City shall not constitute grounds for the Bidder to withdraw its bid nor shall it provide a defense constituting discharge of the bid bond. The City reserves the right, but does not assume the obligation, to waive any mistake, omission, error or other irregularity that may appear on the Bid Form. However, the City reserves the right to reject as non-responsive Bid forms that are incomplete or contain information that is not required a) Bidder represents that the article(s) to be furnished under this ITB is (are) new and unused (unless specifically so stated) and that the quality has not deteriorated so as to impair its usefulness. b) The prices have been arrived at independently, without consultation, communication, or agreement for the purpose of restriction competition, as to any matter relating to such prices with any other Bidder or with any competitor; c) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder or to any competitor; d) No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a bid for the purpose o f restricting competition. Every contract, combination or conspiracy in restraint of trade or commerce in this State is unlawful (s. 542.18, Florida Statutes, and all applicable federal regulations); e) Bidder warrants the prices set forth herein do not exceed the prices charged by the Bidder under a contract with the State of Florida Purchasing Division; and f) Bidder agrees that supplies/services furnished under this quotation, if awarded, shall be covered by the most favorable commercial warranties the Bidder gives to any customer for such supplies/services and that rights and remedies provided herein are in addition to and do not limit any rights offered to the City by any other provision of the bid award. 6. DISCOUNTS: a) Trade and time payment discounts will be considered in arriving at new prices and in making awards, except that discounts for payments within less than 30 days will not be considered in evaluation of bids. However, offered discounts will be taken for less than 30 days if payment is made w ithin discount period. Page 395 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 13 b) In connections with any discount offered, time will be computed from date of delivery and acceptance at destination, or from the date correct invoice is received in the office of Finance, whichever is later. Payment is deemed to be made, for the purpose of earning the discount, on the date of City Check. 7. INSTALLATION INSTRUCTIONS: In order to confirm the Bidder’s ability to support the installation of the equipment specified, the Bidder shall provide installation instructions in a written format. These instructions shall be in great enough detail to clearly demonstrate the steps needed to perform the installation of the equipment specified. Samples of items, when required, must be furnished free of expense to the City and , if not called for within fifteen days from date of bid opening, same will be disposed of in the best interest of the City. 8. AWARD CRITERIA: The contract will be recommended to be awarded to the overall lowest most responsive and responsible Bidder according to the following criteria: ▪ Compliance with scope of work, specifications, terms, and conditions ▪ Bid price ▪ Warranty offered ▪ Required experience with similar work ▪ Successful reference check ▪ Approved Subcontractor/Installer ▪ Approved Proposed Equal Product. The City will make the sole determination of whether or not the proposed equal product is approved. Bidder shall have no recourse if its proposed equal product is rejected by the City. 9. LITERATURE: If required by the scope of work or the specifications, descriptive literature/brochures shall be included with this bid in order to properly evaluate make/model offered. Bids submitted without same may be considered non-responsive and disqualified. 10. BID PROTESTS: All Bid Protests shall be submitted to the Purchasing Technician at shopper@ocoee.org with a copy to the Procurement Manager at jtolbert@ocoee.org in the following manner: 1. Bidder shall file a written bid protest under this Article or be barred any relief; oral protests shall not be acknowledged. 2. A bid protest shall be limited to the following grounds: (a) issues arising from the procurement provisions of the Project Manual, its addenda, and other bidding documents; and/or (b) applicable federal, state, or local law. No bid protest may be based upon questions concerning the design documents (drawings and specifications). The Bidder shall clarify all questions concerning the design documents of the project prior to submitting its bid. Page 396 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 14 3. The content of the bid protest shall fully state the factual and legal grounds for the protest and the legal basis for the relief requested. 4. The bid protest shall be filed with the Purchasing Technician with a copy to the Procurement Manager not later than five (5) calendar days after the posting of the notice of intent to award or recommendation of award by staff, whichever is earlier. 5. The Procurement Manager or Purchasing Technician, on behalf of the City, shall make a determination of the merits of the protest not later than five (5) business days after receipt of the protest. If the City denies the protest, the City may proceed with award of the contract unless enjoined by order of a court of competent jurisdiction. 11. PAYMENT TERMS: Payment will be based upon monthly applications for payment properly submitted by the Contractor to the Owner and based upon the percentage of work complete. Retainage shall be five (5) percent of work to date based on the progress payment, including all change orders. All retainage amounts shall be paid when the work is complete, unless otherwise stated in the contract. Payment for all applications for payment for work properly completed shall be made, not later than the Twenty-fifth (25th) business day after the date on which the properly submitted Application For Payment is initially received by the Owner. No payment will be made for materials ordered without proper purchase order authorization. Payment cannot be made until materials, goods or services, have been received and accepted by the City in the quality and quantity ordered. Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available. The City of Ocoee, Florida has the following tax exemption certificates assigned: • Florida Sales & Use Tax Exemption Certificate No. 85-8013779974C-0; and • Pursuant to Chapter 212, Florida Statutes, the City is exempt from federal excise, state, and local sales taxes. 12. CONTRACT: a) The successful Bidder, hereinafter referred to as “Contractor,” will be required to enter into a contract with the City. The contract shall be a written agreement similar to the ASCE standard construction contract or City-issued purchase order. Construction time will be fifteen (15) calendar days from the Notice to Proceed for substantial completion and thirty calendar (30) days from the Notice to Proceed for final completion. Draft contract attached. b) The City may in its sole discretion award any additional work, whether in the existing area, or in any additional area, to any third party, or such work may be performed by the City’s employees. Contractor will be expected to cooperate with any or all other Contractors who may be performing work for the City. Page 397 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 15 13. SAFETY/OSHA REQUIREMENTS: The Bidder guarantees that the services to be performed and the goods to be provided herein, shall comply with all applicable federal, state and local laws, ordinances, regulations, orders and decrees, including without limitation such of the following acts as may be applicable: Federal Consumer Product Safety Act, Federal Fair Labor Standards Act, Occupational Safety and Health Act, Federal Hazardous Substances Labeling Act, Federal Flammable Fabr ics Act, and any applicable environmental regulations. a) All contractors are required to comply with the Congressional Federal Register (CFR) of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) Construction Industry, Part 1926, and CFR 1910, General Industry Standards, that are applicable in construction work. b) The prime contractor is not only responsible for the safety aspects of his operation and employees, but also that of all subcontractors on the job site. c) Contractor must assure that a certified first aid person is designated, phone numbers of physicians, hospital and ambulance services are posted (copy to Personnel Director, City of Ocoee) and that a first aid kit is available. d) All individuals are required to wear hard hats on all construction sites. e) Provide personal protective equipment that may be required for jobs in progress (e.g.: hard hats, safety glasses, respirators, ear protection, long pants and shirts, etc.). f) Observe the speed limit on City property. g) Construction areas cleaned daily; excavations must be barricaded or flagged until backfilled. In some cases, bracing, shoring and sloping may be required. h) Scaffolds shall have guard rails on all open sides and secured to prevent displacement. i) Powder actuated stud guns or low velocity and/or similar powder actuated tools require eye and ear protection as well as to ensure that all unauthorized personnel are well clear. j) Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided and combustible materials cleaned up. k) All heavy equipment must have, where applicable, (a) back-up alarms, (b) boom angle indicator, (c) load chart, (d) reeving, (3) fire extinguisher, (f) condition of hook and other items in accordance with OSHA 1926.550 and ANSI B30.5. l) Construction material shall not be stored so as to block exits. m) Ground fault circuit interrupters are required on all electrical circuits not part of the permanent wiring of the building. n) Personal fall protection must be provided at elevations exceedin g ten (10) feet. o) Per City Ordinance, any Contractor using construction dumpsters within the City of Ocoee must obtain these services through the City’s Franchisee. 14. DRUG-FREE WORKPLACE: Provide a statement concerning the Bidder’s status as a Drug-Free Work Place or evidence of an implemented drug-free workplace program. Bidder must complete and submit the attached Drug-Free Workplace Form with bid. Page 398 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 16 15. CERTIFICATION OF NON-SEGREGATED FACILITIES: Bidder certifies that Bidder does not and will not maintain or provide for Bidder’s employees any segregated facilities at any of Bidder’s establishments and that Bidder does not permit Bidder ’s employees to perform their services at any location, under Bidder ’s control, where segregated facilities are maintained. Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term “segregated facilities” means any waiting room, wo rk areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking facilities provided for employees which are segregated on the basis of race, color, religion, national origin, habit, local custom, or otherwise. Bidder agrees that (except where Bidder has obtained identical certification from proposed contractors for specific time periods) Bidder will obtain identical certifications from proposed subcontractors prior to the award of such contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that Bidder will retain such certifications in Bidder’s files. Bidder must complete and submit the attached Certification of Non-segregated Facilities Form with bid. The non-discriminatory guidelines as promulgated in § 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the U.S. Secretary of labor, are incorporated herein. 16. CONFLICT OF INTEREST/NON-COLLUSION CERTIFICATION: Bidder declares by submission of a bid package that the only persons, or parties interested in their bid are those named herein, that this bid is, in all respects, fair and without fraud and that it is made without collusion with any other vendor or official of the City of Ocoee. Neither the Affiant nor the above-named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity’s submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this projec t. Bidder must complete and submit the attached Non-Collusion Affidavit with bid. Bidder certifies that no City Commissioner, other City Official or City employee directly or indirectly owns assets or capital stock of the bidding entity, nor will directly or indirectly benefit by the profits or emoluments of this proposal. (For purposes of this paragraph, indirect ownership or benefit does not include ownership or benefit by a spouse or minor child.) Bidder certifies that no member of the entity’s ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, the Bidder agrees to immediately notify the City in writing. Bidder must complete the attached Conflict of Interest Disclosure Form and submit with bid. Bidder further declares that a careful examination of the scope of services, instructions, Page 399 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 17 and terms and conditions of this bid has occurred, and that the bid is made according to the provisions of the Bid Documents, and will meet or exceed the scope of services, requirements, and standards contained in the Bid Documents. Bidder agrees to abide by all conditions of the negotiation process. In conductin g negotiations with the City, Bidder offers and agrees that if this negotiation is accepted, Bidder will convey, sell, assign, or transfer to the City all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City’s discretion, such assignment shall be made and become effective at the time t he City tenders final payment to the Bidder. The bid constitutes a firm and binding offer by Bidder to perform the services as stated. 17. PUBLIC ENTITY CRIME STATEMENT: All invitations to bid as defined by § 287.012(16), Florida Statutes, requests for proposals as defined by § 287.012(23), Florida Statutes, and any contract document described by § 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of § 287.133, Florida Statutes, which reads as fo llows: “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 on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in § 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.” All Bidders who submit a Bid or Proposal to the City of Ocoee are guaranteeing that they have read the previous statement and by signing the bid documents are qualified to submit a bid pursuant to Florida Statutes 287.133 (2)(a). 18. SCRUTINIZED COMPANIES: Bidder certifies that the company is not participating in a boycott of Israel. Bidder certifies that the Bidder is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, not on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. In the event that Bidder is unable to provide such certification but still seeks to be considered for award of this solicitation, Bidder shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under Section 287.135 of the Florida Statutes. Bidder agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the Page 400 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 18 claimed exception would be applicable. The City shall have the right to terminate any contract resulting from this solicitation for default if Bidder is found to have submitted a false certification, or to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Bidder must include the attached Certification Regarding Scrutinized Companies’ Lists Form. 19. PERMITS/LICENSES/FEES: a) Any permits, licenses or fees required will be the responsibility of the contractor; no separate payments will be made. Permit fees are waived for any City of Ocoee permits required. b) The City requires a City of Ocoee registration if permitting is required. Please contact the City’s Building Department directly for information concerning this requirement at (407) 905-3100. c) Adherence to all applicable code regulations (Federal, State, County, and City) is the responsibility of the contractor. 20. INSURANCE REQUIREMENTS: The Contractor shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the Contractor allow any Subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers’ Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best’s Rating of “A” or better and a Financial Size Category of “VII” or better according to the A.M. Best Company. Policies for Workers’ Compensation may be issued by companies authorized as a group self-insurer in accordance with Ch. 440 of the Florida Statutes. a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Contractor and/or subcontractor providing such insurance. b) Workers’ Compensation Insurance: The Contractor shall obtain during the life of this Agreement, Worker’s Compensation Insurance with Employer’s Liability Limits of $500,000/$500,000/$500,000 for all the Contractor’s employees connect ed with the work of this project and, in the event any work is sublet, the Contractor shall require the subcontractor similarly to provide Workers’ Compensation Insurance for all of the latter’s employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers’ Compensation Law. In case any class of employees engaged in hazardous work under this contract for the City is not protected under the Workers’ Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the City, for the protection of the Contractor’s employees not otherwise protected. ▪ Include Waiver of Subrogation in favor of the City of Ocoee Page 401 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 19 c) Contractor’s Public Liability and Property Damage Insurance: The Contractor shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall protect the Contractor and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by the Contractor or by anyone directly or indirectly e mployed by the Contractor, and the amounts of such insurance shall be the minimum limits as follows: 1) Automobile Bodily Injury Liability & Property Damage Liability ▪ $1,000,000 Combined single limit per occurrence (each person, each accident) ▪ All covered automobile will be covered via symbol 1 ▪ Liability coverage will include hired & non-owned automobile liability ▪ Include Waiver of Subrogation in favor of The City of Ocoee 2) Comprehensive General Liability (Occurrence Form) - this policy is to name the City of Ocoee as an additional insured and indicate that the insurance of the Contractor is primary and non-contributory. ▪ $2,000,000 GENERAL AGGREGATE ▪ $2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE ▪ $1,000,000 PER OCCURRENCE ▪ $1,000,000 PERSONAL & ADVERTISING INJURY ▪ Include Waiver of Subrogation in favor of the City of Ocoee 3) Subcontractor’s Comprehensive General Liability, Automobile Liability and Worker’s Compensation Insurance: The Contractor shall require each subcontractor to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subcontractors in the Contractor’s policy, as specified above. 4) Owner’s Protective Liability Insurance: As applicable for construction projects, providing coverage for the named insured’s liability that arises out of operations performed for the named insured by independent contractors and are directly imposed because of the named insured’s general supervision of the independent contractor. The Contractor shall procure and furnish an Owner’s Protective Liability Insurance Policy with the following limits: $1,000,000, and per occurrence, $2,000,000. Aggregate and naming the City of Ocoee as the Named Insured. 5) Contractual Liability: If the project is not bonded, the Contractor’s insurance shall also include contractual liability coverage to insure the fulfillment of the contract. NOTE: FOR PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY OF OCOEE SHALL BE NAMED AS ADDITIONAL INSURED. ▪ $1,000,000 PER OCCURRENCE ▪ $2,000,000 AGGREGATE 6) Commercial Umbrella: ▪ $1,000,000 PER OCCURRENCE ▪ $2,000,000 Aggregate ▪ Including Employer’s Liability and Contractual Liability Page 402 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 20 7) Builders Risk: ▪ $100,000 Any (1) Location ▪ $1,000,000 Any (1) Occurrence 8) Certificates of Insurance: Certificate of Insurance Form (see sample), naming the City of Ocoee as an additional insured will be furnished by the Contractor upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Technician. This certificate shall be dated and show: i) The name of the Insured contractor, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, its termination date. ii) Statement t hat the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes in provisions or cancellation of the policy, except ten (10) days written notice of cancellation for non-payment of premium. Page 403 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 21 21. BRAND NAME OR EQUAL: (a) If items called for by this invitation for bids have been identified in the schedule by a “brand name or equal” description, such identification is intended to be descriptive but not restrictive, and is to indicate the quality and characteristics of p roducts that will be satisfactory. Bids offering “equal” products (including products of a brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids and are determin ed by the Government to meet fully the salient characteristics and requirements listed in the invitation. (b) Unless the bidder clearly indicates in his/her bid that he/she is offering an “equal” product, his/her bid shall be considered as offering the br and name product referenced in the invitation for bids. (c)(1) If the bidder proposes to furnish an “equal” product, the brand name, if any, of the product to be furnished shall be inserted in the space provided in the invitation for bids, or such product shall be otherwise clearly identified in the bid. The evaluation of bids and the determinations to equality of the product offered shall be the responsibility of the City of Ocoee and will be based on information furnished by the bidder or identified in his/her bid as well as other information reasonably available to the City of Ocoee. To ensure the sufficient information is available, the bidder must furnish as a part of his/her bid all description material (such as cuts, illustrations, drawings, or other information) necessary for the City of Ocoee to: (i) determine whether the product offered meets the salient characteristics requirements of the invitation for bids, and (ii) established exactly what the bidder proposed to furnish and what the City of Ocoee would be binding itself to purchase by making an award. The information furnished may include specific references to information previously furnished or information otherwise available to the City of Ocoee. (2) If the bidder proposes to modify a product so as to make it conform to the requirements of the invitation for bids, he/she shall: (i) include in his/her bid a clear description of such proposed modification, and (ii) clearly mark any description material to show the proposed modifications. (3) Modifications proposed after the bid opening to make a product conform to a brand name product referenced in the invitation for bids will not be considered. (Remainder of page intentionally left blank.) Page 404 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 22 CITY OF OCOEE ITB #23-001 UPGRADE TO EXISTING TRANSFER PUMP STATION AND UPGRADE TO EXISTING REUSE PUMP STATION – ARPA FEDERAL GRANT FUNDED PROJECT SCOPE OF WORK / SPECIFICATIONS 1.0 GENERAL 1.1 SCOPE OF WORK a) The City’s WWTP Reuse and Transfer Pump stations consist of (4) short set vertical transfer pumps at the WWTP Transfer Pump station and (4) split case pumps at the WWTP Reuse building. The upgrade project involves the removal and installation of new pumps, appurtenance, pump stands and grouting, VFD’s (if applicable), panel components, and the application of protective coatings. All work shall cons ider the plants need to stay operational during construction. This work involves complicated construction and close coordination between installation and integration to allow for no time loss between start -up and automation with the City’s PLC and SCADA. The City will only consider bids from companies with prior experience in the installation and integration at municipal or industrial treatment facilities, of similar size and scope, that include similar types of PLC applications. Each bidder must furnish examples of relevant experience on the Questionnaire. For each example project, the Bidder must provide a description of the project, its location and a contact person who is willing and able to discuss the Bidder’s performance of that project. b) Bidder to furnish all labor, materials, equipment and incidentals required for the complete upgrade of the Transfer and Reuse pump stations without assistance from City staff not involved in this scope c) Upgrade Project components shall include, but not be limited to, the following brand name or approved equal items: (4) short set vertical pumps, (4) 30Hp vertical Motors, (4) split case 5x4” WILO pump skids with 50Hp motor, (4) new Danfoss 75Hp VFD’s, (4) 10” gate valves, (4) 5” gate valves, (4) 4” gate valves. d) If items called for by this invitation for bids have been identified in the schedule by a “brand name or equal” description, such identification is intended to be descriptive but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering “equal” products (including products of a brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids and are determined by the Government to meet fully the salient characteristics and requirements listed in the invitation. Page 405 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 23 1.2 QUALIFICATIONS a) Due to Homeland Security requirements to assure unity of responsibility, all integration and instrumentation shall be installed by the City’s contractor for the City of Ocoee’s PLC and SCADA systems. b) Contractor shall coordinate all programing with sub-contractors to aid in the seamless transition to new components within the time constraints as set forth in the Scope of Work of the ITB. 1.3 WARRANTY The Contractor shall provide the manufacturer’s written warranty against any and all defects in materials and workmanship. Manufacturer shall warrant the goods provided by the Manufacturer to be free from defects in materials and workmansh ip under normal conditions and use for a period of one (1) year from the date the goods are put into service, or eighteen (18) months from shipment of equipment, whichever first shall occur. This warranty shall not apply to any goods or part which has been altered, applied, operated or installed contrary to the Manufacturer's instructions or subject to misuse, chemical attack/degradation, negligence or accident. 1.4 OPERATING INSTRUCTIONS a) Operation and maintenance manuals shall be furnished. The manuals s hall be prepared specifically for this installation and shall include all required cuts, drawings, equipment lists, description, etc., that are required to instruct operation and maintenance personnel unfamiliar with such equipment. b) The installing contractor, who has complete knowledge of the proper operation and maintenance of the equipment, shall be provided to instruct representatives of the Owner on proper equipment operation and maintenance. This work shall be conducted in conjunction with the insta llation of the pumps and motors. 1.5 TOOLS Special tools, if required for the normal operation and maintenance of the equipment, shall be furnished to the Owner. 1.6 PRODUCT HANDLING All parts shall be properly protected so that no damage or deterioratio n shall occur between any prolonged delay from the time of shipment and the time that the installation is completed and the equipment is ready for operation. On-site precautions must be taken by the Owner to ensure adequate protection during storage. This shall include the Owner providing dry storage of the equipment shipments, prior to installation. Page 406 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 24 2.0 PRODUCTS 2.1 MATERIALS AND EQUIPMENT The specifications for equipment and controls under this section supersede specifications for equipment and controls specified elsewhere in the contract documents. Purchased components such as gear reducers, pumps, motors and valves, shall be provided with standard recommended manufacturers paint, unless otherwise specified within this section. 2.2 TRANSFER STATION 2.2.1 GENERAL a) All equipment for the pumps, including motors, discharge heads and couplings, shall be furnished as a complete unit by the pump supplier. The Pump Data Sheet included in this section shows the minimum pump requirements that are acceptable. b) The pumps and motors shall be rated for continuous duty and shall be capable of pumping the specified flow range without cavitation or excess vibration. The pumps shall not infringe upon the motor service factor at any point on the full speed curve. c) Stainless steel data plates shall be attached to each pump and shall include the name of the manufacturer, the rated capacity, head, speed, serial number, model number and all other pertinent data. d) Stainless steel nameplates with the name of the manufacturer, serial number, model number, horsepower, speed, voltage, amperes, and all other pertinent data shall be attached to each motor. e) The pumping equipment shall be as manufactured by Goulds Water Technology or approved equal. 2.2.2 Pump Data/ Materials Pump Manufacturer: Goulds (or approved equal) Model: VIT-CATM Size: 12FDH0-1 Stage Service: Transfer Pump Location: Outdoors Position: Vertical Turbine Driver: Constant Speed Shaft Sealing: Mechanical Seal Specific Gravity: 1.0 Capacity: 1757 gpm Page 407 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 25 Pump Head: 49.40 ft. Pump Efficiency: 80% NPSH Required: 21.10 ft. Maximum Motor Speed: 1770 rpm Minimum Motor Size: 30 hp Minimum Shut -Off Head: 82 ft. Discharge Head: Cast Iron A48 Class 40 Motor Coupling: 416SS Seal: Packing/Stuffing Box Soleplate: Steel Column Pipe: Steel A53 Gr. B Bowl: Cast Iron A48 Class 30 Impeller: 316SS 316SS Suction Bell: cast iron A48 Class 30 Collets: 316SS A276 Type 316 Wetted Hardware: 316SS A276 Type 316 Head Shaft: 416SS Pump Shaft: 416SS Bowl Shaft: 416SS Stuff Box Bearing: Bronze Alloy 932 Line Shaft Bearing: Rubber C425-65 Bearing Spider: Bronze Alloy 838 Bowl Bearing: Bronze Alloy 932 Line Shaft Coupling: 416SS A276 Type 316 2.2.3 Pump Construction a) Bowl Assembly: The pump bowls shall be close-grained cast iron, free from blow holes, sand holes, and all other faults, and be accurately machined and fitted. Bowl bolting shall be 316 stainless steel. Water passages shall be lined to reduce friction losses. The impellers shall be 316SS. The impellers shall be dynamically balanced and certificates of balance shall be furnished. Impellers shall be securely fastened to the pump shaft by stainless steel collets. The pump shaft shall be fully machined. It shall be supported by zincless bronze bearings above and below each impeller. b) Column Assembly: The line shafts shall be 416 stainless steel and shall be turned, ground, and polished precision shafting. The butting faces shall be machined Page 408 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 26 square to the axis of the shaft with a maximum permissible axial misalignment of the thread axis with the shaft axis of 0.002” in 6”. Maximum runout in 10’ shall not exceed .005”. The line shaft couplings shall be manufactured of type 416 stainless steel. The line shaft bearings shall be 70 minimum shore hardness neoprene, snap- in type, internally spiral grooved to flush out sand and other abrasives, and mounted in bearing retainers. Column pipe shall be threaded. c) Discharge Head: The discharge head shall be cast iron with 125 lb. flat face flanges. The discharge flange shall be 6”. 2.2.4 Motors The motors shall be vertical hollow shaft, WP1, premium efficiency, 460 -volt, 50 deg. C ambient, with non-reverse ratchet, space heaters. The motors shall be manufactured by Siemens, GE, Emerson, or approved equal. The motor shall be sized so that the service factor is not infringed upon throughout the full speed performance curve of the pumps. All motors shall be dynamically balanced and balance certificates shall be furnished. Motors that are 75 hp or less shall have a short commercial test and motors that are 100 hp or larger shall have a complete initial test. Test data and certificates shall be furnished. 2.3 REUSE PUMPS 2.3.1 GENERAL a) All equipment for the pumps, including motors, discharge heads and couplings, shall be furnished as a complete unit by the pump supplier. The Pump Data Sheet included in this section shows the minimum pump requirements that are acceptable. b) The pumps and motors shall be rated for continuous duty and shall be capable of pumping the specified flow range without cavitation or excess vibration. The pumps shall not infringe upon the motor service factor at any point on the full speed curve. c) Stainless steel nameplates with the name of the manufacturer, the rated capacity, head, speed, serial number, model number and all other pertinent data shall be attached to each pump. d) The pumping equipment shall be as manufactured by WILO Co. (or approved equal) and come as a full base mounted unit with Motor. 2.3.2 Pump Data/ Materials Pump Manufacturer: WILO (or approved equal) Model: WILO SCP Base mounted Split Case Pump NL – 5x4x14 Service: Split Case Page 409 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 27 Location: Indoors Position: Horizontal Driver: Constant Speed Shaft Sealing: Mechanical Seal Capacity: 800 gpm Pump Head: 150 ft. Maximum Motor Speed: 1800 rpm Minimum Motor Size: 50 hp Motor Coupling: TB Woods JE 7-9 Seal: Mechanical Seal Soleplate: N/A Impeller: ASTM B548 Cast Bronze Wetted Hardware: 316SS A276 Type 316 Head Shaft: 416SS Pump Shaft: AISI 316 SS Shaft Seals: AISI 316 SS 2.3.3 Pump Construction a) Pump Housing: Shall be constructed of Cast Iron (ASTM A48 Class40), shall be assembled with ASME B16.1 Class 125 Flange Connections and shall come equipped with a drain plug. Casing supports shall allow for the removal and replacement of rotating assembly without disconnecting piping or requiring realignment. b) Pump Seal: Shall be an externally flushed mechanical seal with ceramic seat of 99.5% pure alumina oxide and shall have either a hardness of 68 Rockwell C or a tensile strength of 300,000 PSI. Replaceable sleeves under mechanical seal shall be AISI 410 SS and completely cover the wetted area. Pump seals shall be suitable for continuous operation at 250 degrees. c) Mounting/Base Frame: Shall be of structural steel or fabricated steel channel with fully enclosed sides and ends and securely welded cross members. Existing grout and base areas shall be completely removed and new bases poured to visually demonstrate a seamless transition from base/grout to skid frame. d) Conversion of Reuse pump #1 (jockey pump) from a 4x3 pump to a 5x4 pump will require new appurtenance from the main discharge line to the 8” elbow coming from the tank supply. The conversion shall include new spool pieces, check valves, expansion couplers and the removal of the existing 12x6 Tee to a 12x8 Tee to match the other pumps. Page 410 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 28 2.3.4 Motors and VFD The motors shall be horizontal mo unt 326T frame motor part of the required skid, premium efficiency, 460-volt, 50 deg. C ambient, with non-reverse ratchet, space heaters. The motors shall be manufactured by Toshiba, US Motors, Siemens, GE , or Emerson, or approved equal. The motor shall be sized so that the service factor is not infringed upon throughout the full speed performance curve of the pumps. All motors shall be dynamically balanced and balance certificates shall be furnished. Motors that are 75 hp or less shall have a short commercial test and motors that are 100 hp or larger shall have a complete initial test. Test data and certificates shall be furnished. All VFD Units shall be a minimum of 75 hp to allow for the addition of larger pumps if the utility deems necessary, shall a ll be manufactured by Danfoss, which is the City standard of VFD, and shall be integrated to existing SCADA system by City approved contractors (Contractors shall be approved based on security concerns with our SCADA system in combination with familiarity with our existing systems). VFD installation shall be aesthetically pleasing, uniform in size and all conduit and connections shall be seamless and in-line. 3.0 SERVICES 3.1 INSTALLATION SERVICES a) The Contractor shall complete services to 50% of the existing transfer pumps and 50% of the existing reuse pumps and have them installed and in complete operation within five (5) days of the system being off-line. All necessary appurtenance and electrical equipment shall be on-site and in place before removing existing units from the system. b) After both transfer and reuse pumps have been in place and in successful operation overnight, the second half of the install may begin with the same time and installation guidelines from the paragraph above. c) Walkthrough inspection with the contractor will be conducted to assure that pumps, motors, VFD units, and related appurtenance are secure according to plant design and manufacturer specs. Upon the completion of this inspection a punch list for completion will be provided to the contractor within 24 hours. d) All debris and used equipment shall be either placed in the department provided dumpsters or metal scrap pile. No City equipment or labor will be provided for the completion of this project. e) Repair of the concrete bases and grout work shall be completed and approved by City staff before the job can be considered complete. f) City approved coating of motors, pumps, appurtenance, pump bases, safety guards and valves shall be completed by the contractor before the completio n of the project. Contractor shall provide quantity needed 1 month before work commences and the City will provide the coating material. Page 411 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 29 4.0 FACTORY TEST/COATINGS a) Each pumping unit, with a calibrated factory test motor, shall be given a non- witnessed sing le speed factory performance test to provide assurance that the unit meets all specifications. Tests shall be performed in accordance with Hydraulic Institute Standards. b) All pumps heads, column pipes, pump bowels and check valves, both interior and exter ior, shall be coated with an NSF approved epoxy paint to 16 mils DFT. c) Contractor shall prime and paint all exterior pump, motor, and check valves after installation with City supplied enamel paint. d) Contractor shall provide (2) paper copies and separate digital copies of all manuals, asbuilt drawings, pump curve data, maintenance instructions and warranty information of all installed equipment. Information shall be mailed to: City of Ocoee Utility Administration 1800 AD Mims Rd. Ocoee, FL 34761 Attn: Facility Department (Remainder of page intentionally left blank.) Page 412 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 30 EXHIBIT “A” QUESTIONNAIRE DATE: PROJECT IDENTIFICATION: ITB#23-001 UPGRADE TO EXISTING TRANSFER PUMP STATION AND UPGRADE TO EXISTING REUSE PUMP STATION – ARPA FEDERAL GRANT FUNDED PROJECT NAME OF BIDDER: BUSINESS ADDRESS: TELEPHONE NO.:_______________________EMAIL:________________________________ CONTRACTOR'S LICENSE NO AND STATE ISSUED (PROVIDE COPY): SUNBIZ REGISTRATION NUMBER:______________________________________________ This questionnaire is intended to provide descriptive information about Bidder and to offer the opportunity for Bidder to demonstrate its compliance with the minimum requirements of this Invitation to Bid. With regard to Bidder’s qualifications, the answers provided in this section should apply to both the supplier and the installer. The relevance and quality of prior experience necessary to identify a responsive Bidder shall be judged solely by the City of Ocoee at it s discretion and is not reviewable through the bid protest process. Resumes of key project team members and their expected role in the project should be attached to this section and included in the bid package submitted by the Bidder. The undersigned warrants the truth and accuracy of all statements and answers herein contained. Include additional sheets if necessary. 1. How many years has your organization been in business? Bank or other financial references: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 2. REFERENCES/EXPERIENCE: Describe and provide information regarding the last five (5) projects you have completed in the last five (5) years of similar in type, size, and nature as t he one proposed, preferably with a governmental agency. Bidder must demonstrate the ability to perform services of similar complexity, nature, and size. For each project list the name of the project, contract performance dates, estimated total value of the contract, name and address of government agency or commercial agency, description of work performed, Bidder’s role in the project, and special conditions Page 413 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 31 present that had to be overcome, Bidder’s project manager, the client’s project manager, a reference person familiar with your work on the project, and contact information for that person. The relevant project may be removed from the list of references if the listed contact person refuses to provide information regarding your performance. Letters of Reference may also be provided. Only contracts for which Bidder was the prime contractor will be considered to be relevant. Have you any similar work in progress at t his time? Yes___ No ___. 3. Have you ever failed to complete work awarded to you? If so, where and why? 4. Name the proposed members of your project leadership team, listing the name and title for each person. Attach the resume for all key personnel for this project.: 5. Have you personally inspected the site of the proposed Work? If so, describe any anticipated problems with the site and your proposed solutions? 6. Will you Subcontract any part of the Work? If so, describe which portions by listing the name of the subcontractor, the part of the project they are to perform, and the percentage proportion of the Work represented by that activity. Page 414 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 32 Bidder certifies that Bidder has investigated each subcontractor/temporary worker agency listed and has received and has in Bidder’s files evidence that each subcontractor/temporary worker agency maintains a fully-equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor/temporary agency has done similar work in a satisfactory manner. It is further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors listed above shall require the City of Ocoee’s approval before any work shall commence by the additional subcontractor on this project. 7. What equipment do you own that is available for the Work? L ist year, make & model o f all equipment that will be used on City of Ocoee properties. 8. What equipment will you purchase for the Work? L ist year, make & model of all equipment that will be used on City of Ocoee properties. 9. What equipment will you rent for the Work? L ist year, make & model of all equipment that will be used on City of Ocoee properties. 11. State the true and exact, correct, and complete name under which you do business and give the company officer and the address of the office that will be responsible for the Work: Page 415 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 33 12. Bidder shall provide a detailed list of any proposed equals. List any exceptions, functional differences, or discrepancies between the Bidder’s proposed system and the contract requirements or a statement that there are none. ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 13. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or against the Bidder in the past five (5) years which is related to the services that the Bidder provides in the regular course of business. The summary shall state the nature of t he litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, please so state. Attach additional sheets if necessary. ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 14. ACKNOWLEDGEMENT OF ADDENDA: Bidder acknowledges receipt of the following addenda: No._____________ Dated _____________________ No._____________ Dated _____________________ No._____________ Dated _____________________ No._____________ Dated _____________________ 15. Installation Instructions: Bidder shall include installation instruction in written format. Indicate whether or not you have included the required installation instruction with your Bid. Yes___ No ___ END OF SECTION Page 416 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 34 EXHIBIT “B” BID FORM ITB #23-001 UPGRADE TO EXISTING TRANSFER PUMP STATION AND UPGRADE TO EXISTING REUSE PUMP STATION ARPA FEDERAL GRANT FUNDED PROJECT Item No. Quantity Unit Item Description Unit Price Extension 1.00 UPGRADE TO EXISTING TRANSFER PUMP STATION 1.01 1 LS Mobilization & Demobilization 1.02 1 LS Removal and Replacement of 50% of Transfer Station 1.03 1 LS Removal and Replacement of remaining 50% of Transfer Station 1.04 1 LS Grouting and Coating 1.05 1 LS Start Up and Commissioning Subtotal Transfer Pump Station = Item No. Quantity Unit Item Description Unit Price Extension 2.00 UPGRADE TO EXISTING REUSE PUMP STATION 2.01 1 LS Mobilization & Demobilization 2.02 1 LS Removal and Replacement of 50% of Reuse Pumps 2.03 1 LS Removal and Replacement of remaining 50% of Reuse Pumps 2.04 1 LS Installation of VFD (complete with start -up) 2.05 1 LS Grouting and Coating 2.06 1 LS Start Up and Commissioning Subtotal Reuse Pump Station = TOTAL BASE BID = Units: LS = Lump Sum NAME OF BIDDER: ______________________________________________________________________ BID PREPARED BY (PRINT) ________________________________________________________________ SIGNATURE_______________________________________________________________________________ Page 417 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 35 EXHIBIT “C” DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that it has a drug - free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or pleas of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program is such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder: Signature By: (Print or Type Name) Title: Date: Page 418 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 36 EXHIBIT “D” CERTIFICATION OF NON-SEGREGATED FACILITIES Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location unde r his control where segregated facilities are maintained. Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation, and housing facilities provided for employees on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. Bidder agrees that (except where he has obtained identical certification from proposed subco ntractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. Governing Law: The nondiscriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the United States Secretary of Labor. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date , 20___. By: (Title) Official Address (including Zip Code): Page 419 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 37 EXHIBIT “E” BID CONFLICT OF INTEREST DISCLOSURE FORM Award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Bidders must disclose within their Bid: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, who owns assets or capital stock, directly or indirectly, in Bidder’s firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this Bid. (Indirect ownership or benefit applies to any members of his or her immediate family.) Bidder certifies that no member of the entity’s ownership or management is presently applying for an employee position or actively seeking an elect ed position with the City. In the event that a conflict of interest is identified in the provision of services, Bidder agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to ide ntify potential conflicts of interest for the City Commission, Staff, and other key City employees and consultants involved in the award and administration of this contract. According to Chapter 112, Florida Statutes, t he term “conflict of interest” “means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest”, and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: _________ To the best of our knowledge, the undersigned firm has no potential conflict of interest for this Bid. _________ The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest for this Bid. Acknowledged by: ____________________________________________________________________________ Firm Name ____________________________________________________________________________ Signature ____________________________________________________________________________ Name and Title (Print or Type) ____________________________________________________________________________ Date Page 420 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 38 EXHIBIT “F” NON-COLLUSION AFFIDAVIT STATE OF ) COUNTY OF ) , being first duly swore deposes and says: 1. He (it) is the (Owner, Partner, Office, Representative or Agent) of , the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, have in any way, colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted; or to refrains from bidding in connection with such Contract; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Bidder, firm, or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost elements of the Bid price or the Bid price in any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person int erested in the proposed Contract; 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents, representatives, owners, employees or parties in interest, including this affidavit. By: Title: Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization, this ____ day of ___________, 20___, by ___________________ in the state of _________________ County of ________________________. Notary Public My Commission Expires: Page 421 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 39 EXHIBIT “G” SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of Ocoee, Florida by (Entity) by . (Print individual's Name & Title) whose business address is 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material representation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The ter m "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another per son, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement I have marked below is true in relation to the entity submitting this sworn statement. (please indicate which statement applies) Page 422 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 40 Neither the entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of this entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of this entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding concerning the conviction before a Hearing Officer of the State of Florida, Division of Administrative Hearings. The final order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Please attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM T O THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH . I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Date: Name of Bidder (Contractor) STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (Name of Individual Signing) affixed his/her signature in the place provided above on this day of , 20__. Notary Public My Commission Expires: Page 423 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 41 EXHIBIT “H” Certification Regarding Scrutinized Companies’ Lists Bidder certifies that the company is not participating in a boycott of Israel. Bidder certifies that Bidder is not o n the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, not on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. In the event that Bidder is unable to provide such certification but still seeks to be considered for award of this solicitation, Bidder shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under Section 287.135 of the Florida Statutes. Bidder agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. The City shall have the right to terminate any contract resulting from this solicitation for default if Bidder is found to have submitted a false certification, or to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Name of Bidder:____________________________________ By:__________________________________________________ (Authorized Signature) Title:_________________________________________________ Date:_________________________________________________ Page 424 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 42 EXHIBIT "I" CERTIFICATION OF NONDISCRIMINATORY LABOR PRACTICES This certification relates to a construction contract proposed by the City of Ocoee Equal Opportunity Employment: The Contractor shall not discriminate on the basis of race, color, national origin, gender, age, handicapped status, veteran status, and/or religion in performing the work governed by this contract. The City is an Equal Opportunity Employer (EOE) and as such encourages all contractors to comply with EOE regulations. Any subcontract the Contractor may enter into shall include this clause with the same degree of application being encouraged. I am the undersigned prospective construction contractor or subcontractor. I certify that: (1) I have/ have not participated in a previous contract or subcontract subject to the Equal Opportunity Clause and (2) if I have participated in a previous contract or subcontract subject to the Equal Opportunity Clause, I have/ have not filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements. I understand that, if I have participated in a previous contract or subcontract subject to the Equal Opportunity Clause and have failed to file all reports due under the applicable filing requirements, I am not eligible, and will not be eligible, to have my bid or offer considered, or to enter into the proposed contract or subcontract, unless and until I make an arrangement regarding such reports that is satisfactory to the office where the reports are required to be filed. I agree that I will obtain identical certifications from prospective lower -tier sub-contractors when I receive bids or offers or initiate negotiations for any lower -tier construction subcontracts with a price exceeding $10,000. I also agree that I will retain such certifications in my files. Date , 20___. By: (Signature of Authorized Official) (Name of Prospective Construction Contractor or Subcontractor) (Address of Prospective Construction Contractor or Subcontractor) (Telephone Number) (Employer Identification Number) Page 425 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 43 EXHIBIT “J” BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION The undersigned, [Company] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, [Company] , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor’s Authorized Official Name and Title of Contractor’s Authorized Official Page 426 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 44 EXHIBIT “K” BID #23-001 COMPANY INFORMATION/SIGNATURE SHEET FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR BID. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE “SCOPE OF WORK/BID FORM” ARE ACCURATE AND WITHOUT COLLUSION. THE PERSON SIGNING THIS BID SHOULD HAVE THE LEGAL AUTHORITY TO BIND THE COMPANY INTO A LEGAL CONTRACT. __________________________________ __________________________________ COMPANY NAME TELEPHONE (INCLUDE AREA CODE) __________________________________ FAX (INCLUDE AREA CODE) __________________________________ E-MAIL ADDRESS _________________________________ IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGNATURE (manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: ________________________________ NAME/TITLE (PLEASE PRINT) ____________________________________________ ________________________________ ____________________________________________ STREET ADDRESS _________________________________ CITY STATE ZIP FEDERAL ID #____________________ _____Individual _____Corporation _____Partnership _____Other (Specify)________________________ Sworn to and subscribed before me by means of ☐ physical presence or ☐ online notarization this ________day of ____________________, 20____. Personally Known___________ or Produced Identification_________ ____________________________ Notary Public - State of _______ (Type of Identification) County of __________________ ___________________________ Signature of Notary Public ___________________________ Printed, typed or stamped Commissioned name of Notary Public Page 427 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 45 EXHIBIT “L” SAM.GOV REGISTRATION INFORMATION Per federal requirements, the City will verify all bidders on SAM.gov (System for Award Management) for federal debarment or suspension exclusions as a responsibility determination. Return the attached SAM.gov registratio n verification if you have already registered. Bidder: ______________________________________________________________ Unique Entity ID (UEI) number: __________________________________________ CAGE Code: __________________________________________________________ Physical Address: ______________________________________________________ ______________________________________________________ ______________________________________________________ Expiration date of Registrat ion: ___________________________ Page 428 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 46 EXHIBIT “M” 2 C.F.R. APPENDIX II TO PART 200 - CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Age ncy Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in insta nces where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Emp loyment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. *See notes on the last page of this section regarding the application of the Davis-Bacon Act for ARPA funded projects. Page 429 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 47 (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times t he basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or co ntracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in co nnection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) § 200.323 Procurement of recovered materials - A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Page 430 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 48 Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consist ent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (K) § 200.216 Prohibition on certain telecommunications and video surveillance services or equipment. (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical techno logy as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surve illance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Int elligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. (c) See Public Law 115-232, section 889 for additional information. (d) See also § 200.471. (L) § 200.322 Domestic preferences for procurements. (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufacture d products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. Page 431 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 49 (b) For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014; 85 FR 49577, Aug. 13, 2020] END OF 2 C.F.R. APPENDIX II TO PART 200 *NOTE: For federal grant funded ARPA projects, the Davis-Bacon Act applies to infrastructure projects over $10 million. Additionally, r ecipients may be otherwise subject to the requirements of the Davis-Bacon Act, when CSFRF/CLFRF award funds are used on a construction project in conjunction with funds from another federal program that requires enforcement of the Davis -Bacon Act. Wage Determinations can be located at https://sam.gov/content/wage-determinations. END OF SECTION Page 432 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 50 EXHIBIT “N” BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, ____________________ ______________________, as Principal, and as Surety, are hereby held and firmly bound unto the City of Ocoee, Florida, as Owner, in the penal sum of, (5 percent of the Contract Bid) $ ____________ (written amount in dollars and cents) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourse lves, successors and assigns. Signed, this day of , 20 . The Condition of the above obligation is such that whereas the Principal has submitted to the City of Ocoee, Florida a certain Bid, attached hereto and hereby made a part hereof to ente r into a contract in writing, for the ITB #23-001 UPGRADE TO EXISTING TRANSFER PUMP STATION AND UPGRADE TO EXISTING REUSE PUMP STATION – ARPA FEDERAL GRANT FUNDED PROJECT (Project). NOW THEREFORE 1. Bidder and Surety, jointly and severally, bind themselv es, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder any damages, costs, or expenses, including attorney’s fees, incurred by Owner that are proximately caused by such default. In no event shall Bidder's and Surety's obligation hereunder exceed the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's bid and Bidd er delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Cont ract Documents, or 3.2 All bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Intent to Award to Bidder within ninety (90) days from the time and date fixed for the opening of Bids (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). Page 433 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 51 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Ow ner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the total time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices ma y be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond, a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts wit h any applicable provision of any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "bid" as used herein includes a bid, offer, or proposal as applicable. (Remainder of page intentionally left blank) Page 434 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 52 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be her eto affixed and these presents to be signed by their proper officers, the day and year first set forth above. BIDDER: Strike out (X) non-applicable signature blocks and complete applicable block. All signatures must have their names printed or type below their signature. If Bidder is SOLE PROPRIETORSHIP, complete this signature block. (Individual's Signature) (Individual's Signature) doing business as (Business Address) (Telephone No.) (Florida License No.) (1) (Witness) (2) (Witness) (SEAL) If Bidder is PARTNERSHIP, complete this signature block. (Partnership Name) (General Partner’s Signature) (General Partner’s Name) (Business Address) (Telephone No.) (Florida License No.) (1) (Witness) (2) (Witness) (SEAL) Page 435 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 53 If Bidder is CORPORATION, complete this signature block. (Corporation Name) (State of Incorporation) By: (Name of Person Authorized to Sign - See Note 1) (Title) (Authorized Signature) (Corporation President) (Business Address) (Telephone No.) (Florida License No.) (1) (Witness) (2) (Witness) (SEAL) Page 436 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 54 SURETY (Surety Business Name) (Principal Place of Business) By: (Surety Agent’s Signature - See Note 2) (Surety Agent’s Name) (Surety Agent’s Title) (Business Name of Local Agent for Surety) (Business Address) (Telephone No.) (Bond No.) Witness: (If agency is not a Corporation) (1) (Witness) (2) (Witness) Attest: (If Agency is a Corporation) (Corporate Secretary Signature) (Corporate Secretary Name) (Corporate Seal) NOTES: (1) Complete and attach "Corporate Authority to Execute Documents" if executed by any corporate employee other than president or vice-president. (2) Complete and attach a certified copy of "Power -of-Attorney" prepared by Surety appointing individual "Attorney-in-Fact" for execution of Bid Bond on behalf of Surety and corresponding notarized "Attorney-in-Fact". (3) Above addresses are to be used for giving required notice. (4) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. (5) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. Page 437 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 55 ATTORNEY-IN-FACT AFFIDAVIT STATE OR COMMONWEALTH OF ) COUNTY OR CITY OF ) Before me, a Notary Public, personally came known to me, and known to be the Attorney-in-Fact of , a Corporation, which (Surety Company) (State) executed the attached bond as surety, who deposed and said that his signature and the corporate seal of said were affixed by order and authority of said Company's Board of Directors, (Surety Company) and that the execution of the attached bond is the free act and deed of . (Surety Company) Given under my hand and seal this day of , 20__. (Notary Public) My Commission Expires . END OF SECTION Page 438 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 56 EXHIBIT “O1” PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that , (hereinafter referred to as "Principal"), and , a corporation organized under the laws of the State of and licensed to do business in the State of , (hereinafter referred to as "Surety"), and held and firmly bound unto the City of Ocoee, Florida, as Obligee, (hereinafter referred to as "Obligee"), in the Penal Sum of , for the payment of which sum well and truly made, Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated ,entered into a contract, (hereinafter referred to as the "Contract") with Obligee for the construction of ITB #23-001 UPGRADE TO EXISTING TRANSFER PUMP STATION AND UPGRADE TO EXISTING REUSE PUMP STATION – ARPA FEDERAL GRANT FUNDED PROJECT (hereinafter referred to as the "Project") in accordance with the plans and specifications prepared by the City of Ocoee, dated October 23, 2022. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT IF Principal shall well and truly perform all the undertakings, covenants , terms, conditions, and agreements of said Contract including, but not limited to, the making of payments to persons or entities providing labor, materials or services to Principal under the Contract, as well as, fulfilling all warranty obligations required after the Certificate of Completion is issued, within the time provided therein, and any extensions thereof that may be granted by the Obligee, and also during the life of any warranty or guaranty required under said Contract, and shall also well and tr uly perform all undertakings, covenants, terms, conditions, and agreements of any and all duly authorized and modifications of said Contract that may hereafter be made, and shall pay, compensate, indemnify and save harmless the said Obligee of and from any and all loss, damage and expense, or from any breach or default by Principal under the Contract, including, but not limited to, liquidated damages, damages caused by delays in performance of the Principal, expenses, cost and attorneys' fees, including app ellate proceedings, that Obligee sustains resulting directly or indirectly from failure of the Principal to perform the Work identified by the Contract, then this obligations shall be null and void; otherwise, it shall remain in full force and effect and Surety shall be liable to Obligee under this Performance Bond. The Surety's obligations hereunder shall be direct and immediate and not conditional or contingent upon Obligee's pursuit of its remedies against Principal, and shall remain in full force and effect notwithstanding (I) amendments or modifications to the contract or contract entered into by Obligee and Principal without the Surety's knowledge or consent; (ii) waivers of compliance with or any default under the Contract granted by Obligee to Principal or by Principal to Obligee without the Surety's knowledge or consent; (iii) the discharge of Principal from its obligations under the Contract as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability of Principal or its estate as a result of any such proceedings; or (iv) any other action taken by Obligee or Principal that would, in the absence of this clause, result in the release or d ischarge by operation of law of the Surety from its obligations hereunder. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and save the Obligee harmless from any and all loss , damage, cost and Page 439 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 57 expense, including reasonable attorneys' fees and other legal costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This paragraph shall survive t he termination or cancellation of this Performance Bond. The obligations set forth in this paragraph shall not be limited by the Penal Sum of this Bond. Any changes in or under the Contract or the Contract and compliance or noncompliance with any formalities connected with the Contract or the Contract or the changes therein shall not affect Surety's obligations under this bond, and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Penal Sum of this bond shall increase or decrease in accordance with approved changes or modifications to the Contract. The said Principal and the said surety agree that this bond shall inure to the benefit of all persons supplying labor and material in the prosecution of the work provided for in the said subcontract, as well as to the Obligee, and that such persons may maintain independent actions upon this bond in their own names. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their several seals on the day of , 20__, the name and corporate seal of each corporate party being hereto affixed and these presents fully signed by its undersigned representative, pursuant to the authority of its governing body. Signed, sealed and delivered in the presence of: Principal By: (SEAL) (Official Title) Surety By: (SEAL) (Official Title) NOTES: If Principal and Surety are cor porations, the respective corporate seal should be affixed and attached. Surety shall execute and attach a certified copy of Power of Attorney Appointing Individual Attorney-In-Fact for execution of Performance Bond on behalf of Surety. END OF SECTION Page 440 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 58 EXHIBIT “O2” Statutory Payment Bond Pursuant to Florida Statutes, 255.05, et seq . KNOW ALL MEN BY THESE PRESENTS, THAT _________________________________ (hereinafter called the “Principal”), as Principal, and ________________________________, a corporation organized and existing under the laws of the State of _______________, hereinafter called the “Surety”), as Surety, are held and firmly bound unto the City of Ocoee, Florida, (hereinafter called the “Obligee"), by bond number ____________________ in the sum of ________________________ ___________ _________________________________ Dollars and ___ Cents ($ ), for the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a written Contract with the Obligee dated , 20__ to perform, as Contractor, in accordance with the Contract and Cont ract Documents, which Contract and Contract Documents are hereby incorporated herein by reference. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal promptly makes payments to all claimants, as defined in Section 255.05 (1), Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this obligation shall be null and void; otherwise it sha ll remain in full force and effect. The Principal and the Surety agree that this Bond shall inure to the benefit of all claimants, as defined in Section 255.05 (1), Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in said Contract, and that any such claimant may maintain an independent action upon this Bond in its own name. The provisions of Florida Statutes, Section 255.05, et seq. are hereby incorporated herein by reference and made a part of this payment bond including, but not limited to, the notice and time limitation provisions in subsection (2). Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. (Remainder of page intentionally left blank) Page 441 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 59 IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this _______ day of , 20__, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Seal) (Principal) By (Name & Title) (Signature) Witness or Secretary’s Attestation (Seal) (Surety) By (Name & Title*) (Signature) Witness or Secretary’s Attestation *Attach Power-Of-Attorney END OF SECTION Page 442 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 60 EXHIBIT “P” APPLICATION AND CERTIFICATION FOR PAYMENT FORM Application No.____________ Progress Payment Final Payment P.O. No. ___________ Contractor: _______________________________________ Contract Date: ______________ Application Date:__________________________________ For Period Ending_____________ City Project No.: _______________________________ Project Name: ITB #23-001 UPGRADE TO EXISTING TRANSFER PUMP STATION AND UPGRADE TO EXISTING REUSE PUMP STATION Construction Start Date: ____________________ End Date: ___________________________ Construction Days – Total: __________ Elapsed: ________ Remaining: ________ 1. Original Contract Amount $ 2. Sum of Approved Change Orders to Date (from Table) $ 3. Current Contract Amount (Sum of Lines 1 and 2) $ 4. Total of Prior Pay Applications (including retainage) $ 5. Amount of this Pay Application (including retainage; from Bid Item Quantity Spreadsheet) $ 6. Total Earned to Date (Sum of Lines 4 and 5) $ 7. Total of Payments Made by City to Date $ 8. Retainage Held from Prior Pay Applications $ 9. Retainage to Be Held in this Pay Application $ 10. Total Retainage Held to Date (Sum of Lines 8 and 9) $ 11. Total Earned to Date less Retainage (Line 6 minus L ine 10) $ 12. Total Earned less Retainage for this Pay Application (Line 5 minus Line 9) $ 13. Total Amount to Be Paid by City for this Application (Line 11 minus Line 7) $ Approved Change Orders Change Order No. Date Approved by City Date Accepted by Contractor Total Change in Contract Price Total (Write in Line 2, above) Page 443 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 61 Contractor's Certification The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the Owner on account of Work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with Work covered by prior Applications for Payment numbered 1 thro ugh _____ inclusive; (2) all materials and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interest and encumbrances; and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective as that term is defined in the Contract Documents. Dated ___________________________, 20____ (Contractor) By: (Name) (Title) COUNTY OF STATE OF Before me on this __________ day of _______________, 20___, by means of □ physical presence or □ online notarization __________________________, □ personally known to me or □ presented ___________________________ as identification, who being duly sworn, deposes and says that he/she is the ______________________________ of the Contractor above mentioned; that he/she executed the above Application for Payment and statement on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete. Notary Public My Commission Expires Payment shown on Line 13 is recommended by City’s Resident Project Representative and authorized by Owner: By: Date: (Representative’s Authorized Signature) By: Date: (Owner’s Authorized Signature) (Title) Page 444 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 62 EXHIBIT “Q” PLAN SHEETS E-4, E-6, E-7, M-1, M-2 Page 445 of 656 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450 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 68 EXHIBIT “R” PROPOSED CONTRACT FOR CONSTRUCTION IBT #23-001 UPGRADE TO EXISTING TRANSFER PUMP STATION AND UPGRADE TO EXISTING REUSE PUMP STATION – ARPA FEDERAL GRANT FUNDED PROJECT THIS AGREEMENT is dated this day of , 20___, by and between the CITY OF OCOEE, a Florida municipal corporation, hereinafter called Owner, and _______________________________, a Florida corporation, hereinafter called Contractor. NOW THEREFORE, Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station – ARPA Federal Grant Funded Project General Scope of Work: The City’s WWTP Reuse and Transfer Pump stations consist of (4) short set vertical transfer pumps at the WWTP Transfer Pump station and (4) split case pumps at the WWTP Reuse building. The upgrade project involves the removal and installation of n ew pumps, appurtenance, pump stands and grouting, VFD’s (if applicable), panel components, and the application of protective coatings. All work shall consider the plants need to stay operational during construction. This work involves complicated construct ion and close coordination between installation and integration to allow for no time loss between start -up and automation with the City’s PLC and SCADA. All Work per the Scope of Work/Specifications of the Invitation to Bid. ARTICLE 2. ENGINEER The Project has been designed by the City of Ocoee; however, the Utilities Director (Engineer) or designee is to act as Owner's Representative, assume all duties and responsibilities of the project engineer, and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the work. ARTICLE 3. CONTRACT TIME 3.1 The Work shall be substantially complete within fifteen (15) calendar days and the entire Work shall be complete and ready for its intended use, including final dressing and cleanup, within thirty (30) calendar days. All time periods begin from the effective date of the Notice to Page 451 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 69 Proceed, as provided in paragraph 2.03 of the General Conditions (Commencement of Contract Time; Notice to Proceed). 3.2 Placing of permanent pavement markings on all final asphaltic concrete surfaces, if applicable, shall not be accomplished before thirty (30) calendar days have elapsed after placement of the final surfaces. The charging of Contract Time will be suspended during t he thirty (30) calendar-day period provided the work is considered to be Substantially Complete, as provided in paragraph 3.1 above. The charging of Contract Time will resume on the 31st day. 3.3 Contractor recognizes that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the times as specified, plus any extensions thereof allowed in accordance with the General and Conditions. Contractor acknowledges that proving the actual loss and damages suffered by Owner if the work is not completed on time is impracticable and not susceptible to exact calculation. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty) Contractor shall pay to the Owner for work not completed as specified paragraph 3.1 the following: Substantial Completion: Two Hundred Dollars ($200.00) for each day Entire Completion: Two Hundred and Fifty Dollars ($250.00) for each day Note: Each Day(s) in this section shall be referred to as calendar day(s) 3.4 In addition to the liquidated damages, there shall be additional incidental damages paid by the Contractor to the Owner for failure to timely complete the work. These may include, but not be limited to, delay damage settlements or awards owed by Owner to others, inspection and engineering services, interest and bond expense, delay penalties, fines or penalties imposed by regulatory agencies, contract damages, and professional fees (including attorneys' fees) incurred by Owner in connection with Contractor's failure to timely complete the work. 3.5 In addition to liquidated damages and incidental damages arising from Contractor’s failure to perform the work, Contractor may be required to repa y Owner for the cost of corrective actions undertaken by Owner to resolve construction defects. Such corrective actions include, but are not limited to, restoration of damaged areas, clearing of reclaimed water customer facilities to remove construction debris, repair and replacement of damaged reclaimed water customer equipment, and emergency repairs to the reclaimed water distribution system during the one - year warranty period. ARTICLE 4. CONTRACT PRICE 4.1 Owner shall pay Contractor for performance of the work in accordance with the Contract Documents in current funds at the lump sum or unit prices presented in the Bid Form, which is incorporated herein and made a part hereof by this reference, (Contract Total Bid Amount): _ , DOLLARS AND _ CENTS, ($ ) Page 452 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 70 4.2 The Contractor agrees that the Contract Price is a stipulated sum except with regard to those items in the bid which are subject to unit prices and agrees to perform a ll of the work as described in the Contract Documents, subject to additions and deductions by Change Order, and comply with the terms therein for the Bid stated in the attached Bid Form. ARTICLE 5. PAYMENT PROCEDURES Contractor shall submit applications for payment in accordance with Article 14 of the General Conditions. Applications for payment will be processed by Engineer, as provided in the General Conditions. 5.1 Progress Payments. Owner shall make progress payments on account of the Contract Pric e on the basis of Contractor's properly submitted and approved Applications for Payment, as recommended by Engineer, not later than the Twenty-fifth (25th) business day after the date on which the properly submitted Application For Payment is initially rec eived by the Owner. All such progress payments will be on the basis of the progress of the work measured by the Schedule of Values established in paragraph 2.07 of the General Conditions (Initial Acceptance of Schedules) (and in the case of Unit Price, wo rk based on the number of units completed) and included in Contractor’s qualifications submittals. 5.1.1 Owner shall submit a monthly “Certificate of payment based on the provided Paid to Date Summary may withhold, in accordance with the Division 1: General Conditions (Progress Payments). 5.1.2 Progress payments shall be equal to ninety-five percent (95%) of the value of work completed, and ninety-five percent (95%) of the value of materials and equipment not incorporated into the work but delivered and suitably stor ed and accompanied by documentation satisfactory to Owner with the balance of the value of the work being retainage. Retainage may not exceed five percent (5%) of the value of the work completed including all change orders. 5.2 Final Payment - Upon final completion and acceptance of the work in accordance with Paragraph 14.07 of the General Conditions (Final Payment), as supplemented, Owner shall pay Contractor an amount sufficient to increase total payments to 100 percent of the Contract Price. However, not less than two percent (2%) of the contract price shall be retained until Record Drawings, specifications, addenda, modifications and shop drawings, including all manufacturers instructional and parts manuals are delivered to and accepted by the Engine er. ARTICLE 6. INTEREST All monies not paid when due shall bear interest at the rate set in accordance with Chapter 218, Part VII, the Local Government Payment Act. ARTICLE 7. CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: Page 453 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 71 7.1 Contractor has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents including "technical data." 7.2 Contractor has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishings of the work. 7.3 Contractor is familiar with and is satisf ied as to all federal, state, and local laws and regulations that may affect cost, progress, performance, and furnishing of the work. 7.4 Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities). 7.5 Contractor has obtained and carefully studied (or assumes responsibility for hav ing done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect costs, progress, performance or furnishing of the work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.6 Contractor is aware of the general nature of work to be performed by Owner and others at the site that relates to the work as indicated in the Contract Documents. 7.7 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.8 Contractor has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor, and the Contract Documents a re generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the work. 7.9 Contractor shall perform work with a value of not less than thirty percent (30%) of the Contract Price with his own fo rces. 7.10 Warranty. Contractor warrants that the Work including equipment and materials provided shall conform to professional standards of care and practice in effect at the time the Work is performed; be free from all faults, defects or errors; and be of the highest quality. If Contractor is notified in writing of a fault, deficiency or error in the Work provided within one (1) year from expiration date of this Agreement, the Contractor shall, at the City’s option, either redo such portions of the Work to correct such fault, defect or error, at no additional cost to the City; Page 454 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 72 or refund to the City the amount paid by the City which is attributable to such portions of the faulty, defective or erroneous Work, including the costs for obtaining another Contra ctor to redo the Work. ALL MATERIALS AND SERVICES PROVIDED BY THE CONTRACTOR, SHALL BE MERCHANTABLE AND FIT FOR THE PURPOSES INTENDED. THE CONTRACTOR SHALL BE LIABLE FOR SECONDARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE RESULTING FROM ANY WORK PERFORMED UNDER THIS AGREEMENT. ARTICLE 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between Owner and Contractor concerning the work, are attached to this Agreement, made a part hereof, and consist of the following: 8.1 This Scope of work Agreement. 8.2 Section 710 Standard General Conditions of the Construction Contract (Section 00710 - NSPE - ACEC Document 1910-8 (1996 Edition), as modified and supplemented. 8.4 Exhibits to this Scope of work Agreement (if any). 8.5 Performance Bond, Payment Bonds and Certificates of Insurance. 8.6 Notice of Award and Notice to Proceed. 8.7 Invitation to Bid bearing the general title "ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Stat ion – ARPA Federal Grant Funded Project” and exhibits. 8.8 Drawings consisting of a cover sheet and the sheets bearing the following general title: City of Ocoee Reuse, Storage and Pumping System (Plan Sheets: E-4, E-6, E-7, M-1, M-2) 8.9 Addenda numbers __to __, inclusive. 8.10 Contractor's Bid 8.11 Documentation submitted by Contractor prior to Notice of Intent to Award. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified, or supplemented, as provided in paragraphs 3.04 of the General Conditions. Page 455 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 73 ARTICLE 9. TERMINATION 9.1 Termination for Cause. If Contractor fails or neglects to perform a material obligation under this Agreement the City shall provide written notice to the Contractor that the Contractor is in default and that City intends to terminate this Agreement if the default(s) are not cured. If the Contractor fails to cure the default(s) or, if such default(s) cannot practicably be cured within five (5) days and Contractor fails to diligently commence to correct the default(s), then the City may, without prejudice to any other remedy, cure such default(s) and/or rectify such deficiencies and charge the Contractor the reasonable cost thereof; or, at the City’s option, may terminate this Agreement. In the event of such termination for cause the Contractor shall turn over to the City all documents, materials, plans, specifications, manuals, records, submittals, correspondence, minutes, memoranda, tape recordings, videos, or other things or electronic data that relate to or concern the work performed by the Contractor under this Agreement. If it is later determined that the City’s termination for cause under this Agreement was improper or not justified, then the parties agree that the termination of the Contractor shall be deemed and treated as a termination for convenience and, the Contractor’s sole and exclusive remedy shall be to receive compensation in the same manner as prescribed for a termination for conve nience. 9.2 Termination for Convenience. The City may terminate this Agreement at any time solely for its convenience by providing the Contractor with thirty (30) days written notice. In the event of such a termination by the City for convenience, the City s hall be shall pay for all Work properly performed prior to the effective date of the termination and for all materials, supplies and services, which were reasonably utilized to perform the Work through the effective date of the termination for convenience and other normal and reasonable costs incurred by the Contractor that are caused by or reasonably arise out of the termination for convenience. ARTICLE 10. FEDERAL REQUIREMENTS 10.1 All procurements by Federal Grant recipients and sub-recipients shall co mply with the provisions of 2 C.F.R. Section 200.317 – 327. All procurement transactions shall be conducted in a manner providing full and open competition consistent with the standards of 2 C.F.R. Section 200.317 – 327. 10.2 The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City, Contractor, or any other party pertaining to any matter resulting from this contract. In the event of a conflict between the City’s Purchasing Policy, codified at C hapter 21 of the City’s Code of Ordinances, and Federal Code, the more restrictive rule shall prevail. 10.3 Proper documentation as required by the American Rescue Plan Act is required, per the attached federal requirements and corresponding forms. 10.4 Media Interaction - The contractor, including all sub-contractors, will not provide any information to the media without the expressed written permission of the City’s Utilities Director. This includes on site interviews requested from any media outlet. All inquiries by a member of the media or any elected official will be directed to the City’s Utilities Director. The Contractor will ensure this guidance is disseminated to all employees and sub-contractors on the project . Page 456 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 74 10.5 Federal Seal, Logo and Flags - The contractor shall not use the Federal agency’s seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific Federal pre-approval. 10.6 Contractor shall comply with the Energy Policy and Conservation Act (42 U.S.C. section 6201). Mandatory standards and policies relating to energy efficiency, contained in any applicable State Energy Conservation Plan, shall be utilized. 10.7 All applicable laws and regulations of the United States, the State of Florida, and the City of Ocoee apply to this contract. By entering into this contract, Contractor is obligated to comply with the provisions of Section 448.095, Fla. Statutes, "Employment Eligibility." This includes, but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an alien unauthorized to work in the USA. Failure to comply will lead to termination of this contract, or if a subcontractor knowingly violates the statute, the subcontractor must be terminated immediately. 10.8 RETENTION OF RECORDS FOR ARPA PROJECTS. The U. S. Department of Treasury requires records to be maintained for a period of five years for the ARP/CSLFRF award. Contractor shall retain all records for ARPA projects and make available upon request for a period of five (5) years following final payment to the contractor. 10.9 2 C.F.R Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards: In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” Page 457 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 75 *(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued b y the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. *See notes on the last page of this section regarding the application of the Davis-Bacon Act for ARPA funded projects. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance w ith 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions whic h are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Invent ions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient mu st comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Page 458 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 76 Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from t ier to tier up to the non-Federal award. (J) § 200.323. Procurement of recovered materials - A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase pr ice of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative proc urement program for procurement of recovered materials identified in the EPA guidelines. (K) § 200.216. Prohibition on certain telecommunications and video surveillance services or equipment (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. Page 459 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 77 (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably bel ieves to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. (c) See Public Law 115-232, section 889 for additional information. (d) See also § 200.471. (L) § 200.322. Domestic preferences for procurements – (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014; 85 FR 49577, Aug. 13, 2020] End of 2 C.F.R. Appendix II to Part 200 *NOTE: For federal grant funded ARPA projects, the Davis-Bacon Act applies to infrastructure projects over $10 million. Additionally, r ecipients may be otherwise subject to the requirements of the Davis-Bacon Act, when CSFRF/CLFRF award funds are used on a construction project in conjunction with funds from another federal program that requires enforcement of the Davis-Bacon Act. Wage Determinations can be located at https://sam.gov/content/wage-determinations. ARTICLE 11 MISCELLANEOUS 11.1 Terms used in this Agreement that are defined in Article 1 (Definitions) of the General Conditions shall have the meanings indicated in the General Conditions. 11.2 No assignment by a party hereto of any rights under, or interests in, the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due, and moneys that are due, may not be assigned without such consent (except to the extent that the effect of this Page 460 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 78 restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Notwith standing the foregoing, the Owner may assign this contract to the State of Florida or any political subdivision, municipality, special district or authority thereof without Contractor's consent and without recourse. 11.3 Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 11.4 Chapter 558, Florida Statutes: The parties agree that the provisions of Chapter 558, Florida Statutes are not applicable to this Agreement. 11.5 Waiver of Jury Trial; Legal Costs. It is mutually agreed by and between the Contract and Owner that each of the parties do hereby waive trial by jury in any action, proceeding or claim which may be brought by either of the parties hereto against the other on any matters concerning or arising out of this Agreement. The parties further agree that the sole and exclusive venue for any action to enforce this agreement shall be in The Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida. 11.6 SCRUTINIZED COMPANIES: The Respondent certifies that the company is not participating in a boycott of Israel. The Respondent certifies that the Respondent is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, not on the Scrutinized Companies with activities in the Iran Petroleum Energ y Sector List, or has been engaged in business operations in Cuba or Syria, as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. In the event that the Respondent is unable to provide such certification but still seek s to be considered for award of this solicitation, the Respondent shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under Section 287.135 of the Florida Statutes. The Respondent agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. The City shall have the right to terminate any contract resulting from this solicitation for default if the Respondent is found to have submitted a false certification, or to have been placed on the Scrutinize d Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. 11.7 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 11.8 To the degree records are not exempt or confidential under Florida’s Public Records law, Contractor agrees to comply with Chapter 119, Florida Statutes, and particularly Section 119.0701, Florida Statutes, relating to a contractor’s obligation with regard to public records. Page 461 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 79 11.9 PUBLIC RECORDS COMPLIANCE The City of Ocoee (City) is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida’s Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the contract, Contractor agrees to transfer at no cost to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public record to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. 5. A Contractor who fails to provide the public r ecords to City within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407-905-3100, EXTENSION 1022, CCDL@CI.OCOEE.FL.US, WITH AN OFFICE LOCATED AT 1 N. BLUFORD AVENUE, OCOEE, FLORIDA 34761. (Signature Page to follow) Page 462 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 80 IN WITNESS WHEREOF, the parties hereto have s igned this Agreement. All portions of the Contract Documents have been signed or identified by Owner and Contractor or by Engineer on his behalf. CONTRACTOR: ______________________________ BY: ________________________________________ PRINT NAME: ______________________________ TITLE: _____________________________________ WITNESSES: NAME: NAME: TITLE: TITLE: OWNER: CITY OF OCOEE, FLORIDA ATTEST: APPROVED: BY: BY: Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY CITY OF OCOEE THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY on __________, under Agenda Item ____. this day of , 202__ SHUFFIELD, LOWMAN & WILSON, P.A. BY: Scott A. Cookson, City Attorney Page 463 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 81 EXHIBIT “S” Section 710 Standard General Conditions of the Construction Contract To be added when files are combined. Page 464 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 1 EXHIBIT “S” SECTION 710 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT City of Ocoee (Revised May, 2010) Notice: This section of the Project Manual is derived and adapted from the EJCDC C-710 Standard General Conditions of the Construction Contract, Funding Agency Edition, but has been substantially modified to conform to the needs of the City of Ocoee. The City does not represent or imply that this is an EJCDC document. Those portions included from EJCDC publications are copyrighted and subject to the terms and conditions of a license granted to the City of Ocoee for their use. Portions Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 465 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 2 TABLE OF CONTENTS Page Article 1 – Definitions and Terminology ............................................................................................................................ 6 1.01 Defined Terms ............................................................................................................................................ 6 1.02 Terminology................................................................................................................................................ 9 Article 2 – Preliminary Matters ........................................................................................................................................ 11 2.01 Delivery of Bonds and Evidence of Insurance ............................................................................................ 11 2.02 Copies of Documents ................................................................................................................................. 11 2.03 Commencement of Contract Times; Notice to Proceed .............................................................................. 11 2.04 Starting the Work ...................................................................................................................................... 11 2.05 Before Starting Construction ..................................................................................................................... 11 2.06 Preconstruction Conference ....................................................................................................................... 12 2.07 Initial Acceptance of Schedules ................................................................................................................. 12 Article 3 – Contract Documents: Intent, Amendin g, Reuse.............................................................................................. 12 3.01 Intent ........................................................................................................................................................ 12 3.02 Reference Standards .................................................................................................................................. 12 3.03 Reporting and Resolving Discrepancies ..................................................................................................... 13 3.04 Amending and Supplementing Contract Documents .................................................................................. 13 3.05 Reuse of Documents .................................................................................................................................. 14 3.06 Electronic Data ......................................................................................................................................... 14 Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points............................................................................................................................................................................... 14 4.01 Availability of Lands ................................................................................................................................. 14 4.02 Subsurface and Physical Conditions .......................................................................................................... 15 4.03 Differing Subsurface or Physical Conditions .............................................................................................. 15 4.04 Underground Facilities .............................................................................................................................. 16 4.05 Reference Points ........................................................................................................................................ 17 4.06 Hazardous Environmental Condition at Site .............................................................................................. 18 Article 5 – Bonds and Insurance ...................................................................................................................................... 19 5.01 Performance, Payment, and Other Bonds................................................................................................... 19 5.02 Licensed Sureties and Insurers .................................................................................................................. 20 5.03 Certificates of Insurance ............................................................................................................................ 20 5.04 Contractor’s Liability Insurance ................................................................................................................ 20 5.05 Owner’s Liability Insurance ...................................................................................................................... 22 5.06 Property Insurance .................................................................................................................................... 22 5.07 Waiver of Rights ....................................................................................................................................... 24 5.08 Receipt and Application of Insurance Proceeds .......................................................................................... 24 5.09 Acceptance of Bonds and Insurance; Option to Replace ............................................................................. 25 5.10 Partial Utilization, Acknowledgment of Property Insurer ........................................................................... 25 Article 6 – Contractor’s Responsibilities .......................................................................................................................... 25 6.01 Supervision and Superintendence .............................................................................................................. 25 6.02 Labor; Working Hours .............................................................................................................................. 25 6.03 Services, Materials, and Equipment........................................................................................................... 27 6.04 Progress Schedule ..................................................................................................................................... 27 6.05 Substitutes and “Or -Equals” ...................................................................................................................... 27 6.06 Concerning Subcontractors, Suppliers, and Others .................................................................................... 30 6.07 Patent Fees and Royalties .......................................................................................................................... 31 6.08 Permits ...................................................................................................................................................... 31 Page 466 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 3 6.09 Laws and Regulations ............................................................................................................................... 31 6.10 Taxes ........................................................................................................................................................ 32 6.11 Use of Site and Other Areas ...................................................................................................................... 32 6.12 Record Documents .................................................................................................................................... 33 6.13 Safety and Protection ................................................................................................................................. 33 6.14 Safety Representative ................................................................................................................................ 34 6.15 Hazard Communication Programs ............................................................................................................. 34 6.16 Emergencies .............................................................................................................................................. 34 6.17 Shop Drawings and Samples ..................................................................................................................... 34 6.18 Continuing the Work................................................................................................................................. 36 6.19 Contractor’s General Warranty and Guarantee .......................................................................................... 36 6.20 Indemnification ......................................................................................................................................... 36 6.21 Delegation of Professional Design Services ............................................................................................... 37 Article 7 – Other Work at the Site .................................................................................................................................... 37 7.01 Related Work at Site ................................................................................................................................. 37 7.02 Coordination ............................................................................................................................................. 38 7.03 Legal Relationships ................................................................................................................................... 38 Article 8 – Owner’s Responsibilities ................................................................................................................................ 38 8.01 Communications to Contractor .................................................................................................................. 38 8.02 Replacement of Engineer ........................................................................................................................... 39 8.03 Furnish Data ............................................................................................................................................. 39 8.04 Pay When Due .......................................................................................................................................... 39 8.05 Lands and Easements; Reports and Tests................................................................................................... 39 8.06 Insurance .................................................................................................................................................. 39 8.07 Change Orders .......................................................................................................................................... 39 8.08 Inspections, Tests, and Approvals.............................................................................................................. 39 8.09 Limitations on Owner’s Responsibilities.................................................................................................... 39 8.10 Undisclosed Hazardous Environmental Condition ..................................................................................... 39 8.11 Evidence of Financial Arrangemen ts ............................................................ Error! Bookmark not defined. Article 9 – Engineer’s Status During Construction ........................................................................................................... 40 9.01 Owner’s Representative ............................................................................................................................. 40 9.02 Visits to Site .............................................................................................................................................. 40 9.03 Project Representative ............................................................................................................................... 40 9.04 Authorized Variations in Work ................................................................................................................. 43 9.05 Rejecting Defective Work .......................................................................................................................... 43 9.06 Shop Drawings, Change Orders and Payments .......................................................................................... 43 9.07 Determinations for Unit Price Work .......................................................................................................... 44 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ......................................... 44 9.09 Limitations on Engineer’s Authority and Responsibilities ......................................................................... 44 Article 10 – Changes in the Work; Claims ....................................................................................................................... 45 10.01 Authorized Changes in the Work .............................................................................................................. 45 10.02 Unauthorized Changes in the Work ........................................................................................................... 45 10.03 Execution of Change Orders ...................................................................................................................... 45 10.04 Notification to Surety ................................................................................................................................ 45 10.05 Claims ...................................................................................................................................................... 45 Article 11 – Cost of the Work; Allowances; Unit Price Work ........................................................................................... 46 11.01 Cost of the Work ....................................................................................................................................... 46 11.02 Allowances................................................................................................................................................ 48 11.03 Unit Price Work ........................................................................................................................................ 49 Page 467 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 4 Article 12 – Change of Contract Price; Change of Contract Times ................................................................................... 49 12.01 Change of Contract Price .......................................................................................................................... 49 12.02 Change of Contract Times ......................................................................................................................... 51 12.03 Delays ....................................................................................................................................................... 51 Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work .............................................. 52 13.01 Notice of Defects ....................................................................................................................................... 52 13.02 Access to Work ......................................................................................................................................... 52 13.03 Tests and Inspections ................................................................................................................................ 52 13.04 Uncovering Work ...................................................................................................................................... 53 13.05 Owner May Stop the Work ........................................................................................................................ 53 13.06 Correction or Removal of Defective Work ................................................................................................. 53 13.07 Correction Period ...................................................................................................................................... 54 13.08 Acceptance of Defective Work ................................................................................................................... 54 13.09 Owner May Correct Defective Work .......................................................................................................... 55 Article 14 – Payments to Contractor and Completion ....................................................................................................... 55 14.01 Schedule of Values .................................................................................................................................... 55 14.02 Progress Payments..................................................................................................................................... 55 14.03 Contractor’s Warranty of Title .................................................................................................................. 58 14.04 Substantial Completion ............................................................................................................................. 58 14.05 Partial Utilization ...................................................................................................................................... 59 14.06 Final Inspection ........................................................................................................................................ 59 14.07 Final Payment ........................................................................................................................................... 59 14.08 Final Completion Delayed ......................................................................................................................... 60 14.09 Waiver of Claims ...................................................................................................................................... 61 Article 15 – Suspension of Work and Termination ........................................................................................................... 61 15.01 Owner May Suspend Work ........................................................................................................................ 61 15.02 Owner May Terminate for Cause ............................................................................................................... 61 15.03 Owner May Terminate For Convenience ................................................................................................... 62 15.04 Contractor May Stop Work or Terminate .................................................................................................. 63 Article 16 – Dispute Resolution........................................................................................................................................ 63 16.01 Methods and Procedures ............................................................................................................................ 61 Article 17 – Miscellaneous ............................................................................................................................................... 63 17.01 Giving Notice ............................................................................................................................................ 63 17.02 Computation of Times ............................................................................................................................... 64 17.03 Cumulative Remedies ................................................................................................................................ 64 17.04 Survival of Obligations .............................................................................................................................. 64 17.05 Controlling Law ........................................................................................................................................ 62 17.06 Headings ................................................................................................................................................... 64 Article 18 – Federal Requirements ................................................................................................................................... 65 18.01 Agency Not a Party ................................................................................................................................... 65 18.02 Contract Approval ..................................................................................................................................... 65 18.03 Conflict of Interest .................................................................................................................................... 66 18.04 Gratuities .................................................................................................................................................. 66 18.05 Audit and Access to Records ..................................................................................................................... 66 18.06 Small, Minority and Women’s Businesses ................................................................................................. 66 18.07 Anti-Kickback ........................................................................................................................................... 66 18.08 Clean Air and Pollution Control Acts ........................................................................................................ 67 18.09 State Energy Policy ................................................................................................................................... 67 18.10 Equal Opportunity Requirements............................................................................................................... 67 Page 468 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 5 18.11 Restrictions on Lobbying ........................................................................................................................... 67 18.12 Environmental Requirements .................................................................................................................... 68 Page 469 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 6 GENERAL CONDITIONS ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda – Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agency – The Federal or state governmental agency named as such in the Agreement, which in this instance is the City of Ocoee. . 3. Agreement – The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 4. Application for Payment – The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 5. Asbestos – Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 6. Bid – The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder – The individual or entity who submits a Bid directly to Owner in accordance with the Bidding Documents. 8. Bidding Documents – The Bidding Requirements and the proposed Contract Documents (including all Addenda). This may include the Invitation To Bid and the Instructions to Bidders 9. Bidding Requirements – The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Change Order – A document recommended by Engineer which is signed by Contractor and Owner and Agency and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 11. Claim – A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 12. Contract – The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. Page 470 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 7 13. Contract Documents – Those items so designated in the Agreement. On ly printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor’s submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 14. Contract Price – The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 15. Contract Times – The number of days or th e dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer’s written recommendation of final payment. 16. Contractor – The individual or entity with whom Owner has entered into the Agreement. 17. Cost of the Work – See Paragraph 11.01.A for definition. 18. Drawings – That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and ch aracter of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 19. Effective Date of the Agreement – The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 20. Engineer – The individual or entity named as such in the Agreement. 21. Field Order – A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 22. General Requirements – Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 23. Hazardous Environmental Condition – The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste – The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations; Laws or Regulations – Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens – Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone – A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 28. Notice of Award – The written notice by Owner to the Successful Bidder stating that upon ti mely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. Page 471 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 8 29. Notice to Proceed – A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 30. Owner – The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. For purposes of this Agreement, the Owner is the City of Ocoee, referred to either as the City or the Owner. 31. PCBs – Polychlorinated biphenyls. 32. Petroleum – Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fah renheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 33. Progress Schedule – A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. 34. Project – The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 35. Project Manual – The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36. Radioactive Material – Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Related Entity – An officer, director, partner, employee, agent, consultant, or subcontractor . 38. Resident Project Representative – The authorized representative of Engineer who may be assigned to the Site or any part thereof. 39. Samples – Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 40. Schedule of Submittals – A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 41. Schedule of Values – A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. 42. Shop Drawings – All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 43. Site – Lands or areas indicated in the Contr act Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 44. Specifications – That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative Page 472 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 9 requirements and procedural matters applicable thereto. The Specifications are included in the Project Manual for the project. 45. Subcontractor – An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 46. Substantial Completion – The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. Final Completion shall be achieved only be acceptance of all of the Work by the Owner, as evidenced by its signature on the Final Certificate of Completion, which, in any event, shall only occur after the Owner has observed and approved such demonstration testing of the Project or has otherwise assured i tself that all of the provisions and requirements of the Contract Documents have been fully satisfied. 47. Successful Bidder – The Bidder submitting a responsive Bid to whom Owner makes an award. 48. Supplementary Conditions – That part of the Contract Documents which amends or supplements these General Conditions. 49. Supplier – A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporat ed in the Work by Contractor or any Subcontractor. 50. Underground Facilities – All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities , including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 51. Unit Price Work – Work to be paid for on the basis of unit prices. 52. Work – The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 53. Work Change Directive – A written statement to Con tractor issued on or after the Effective Date of the Agreement and signed by Owner and Agency upon recommendation of the Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requiremen ts or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives Page 473 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 10 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered”, “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended t hat such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in fin al position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, “provide” is implied. F. Unless stated otherwise in the Contract Documents, words or phrases which have a well -known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. Page 474 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 11 ARTICLE 2 – PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish in accordance with applicable Florida Law.. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or an y additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. After the Contract has been executed, the Contractor will be furnished one (1) complete set of reproducible plans in electronic format, three (3) signed and sealed full-size prints, and one (1) 11”x17” print of the Drawings, one (1) complete set of the Project Manual (Contract Requirements and Specifications), and one (1) complete set of all addenda. The Contractor shall furnish each of the subcontractors, manufacturers, and material men such copies of the Contract Documents as may be required for their work. All copies of the Contract Documents shall be printed from the reproducible sets furnished to the Contractor. All costs of reproduction and printing shall be borne by the Contractor. The Contractor shall submit a complete set of reproducible Mylar ® sepias back to the Engineer as Project Record Drawings, as addressed in Section 1.07.E of the Contract General Requirements.. 2.03 Commencement of Contract Times; Notice to Proceed A. A Notice to Proceed may be given to Contractor at any time within thirty (30) days after the Effective Date of the Agreement. The Contract Time will commence to run on the date specified in the Notice to Proceed. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence t o run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 21 days after the Contract Award, but in any event no later than the Preconstruction Conference, Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. Page 475 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 12 2.06 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, Agency, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawi ngs and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubm it the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor’s full responsibility therefor. 2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engine er as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such Page 476 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 13 provision or instruction shall be effective to assign to Owner, or Engineer, or any of their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer’s approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3) or 3. Engineer’s written interpretation or clarification. Page 477 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 14 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other docume nts (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer’s consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole r isk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, t he party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator. ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner’s furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Page 478 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 15 D. If all lands and rights-of-way are not obtained as herein contemplated before construction begin s, CONTRACTOR shall begin the Work upon such land and rights-of-way as OWNER has previously acquired and no claim for damages whatsoever will be allowed by reason of the delay in obtaining the remaining lands and rights-of-way. Should OWNER be prevented or enjoined from proceeding with the Work, or from authorizing its prosecution, either before or after the commencement, by reason of any litigation, or by reason of its inability to procure any lands or rights-of-way for the Work, CONTRACTOR shall not be en titled to make or assert a claim for Additional Compensation by reason of said delay, or to withdraw from the Agreement except by consent of OWNER. Time for completion of the Work will be extended as provided in Article 12, to such time as OWNER determines will compensate for the time lost by such delay." An extension of Contract time will be Contractor's sole and exclusive remedy of delay. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Contract Documents may identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the “technical data” contained in such report s and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner o r Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction t o be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documen ts; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; Page 479 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 16 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer’s Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner’s obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer’s findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charge s of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. 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 Facil ities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: Page 480 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 17 a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contr actor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with r easonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 The Contractor shall have no claim for an adjustment in Contract Price or Contract Times (or Milestones) under this Article 4 unless (1) CONTRACTOR has given the written notice required in as set forth herein not later than thirty (30) days after the event giving rise thereto), and (2) within sixty (60) days after the event giving rise thereto, CONTRACTOR shall submit to OWNER a detailed claim setting forth CONTRACTOR'S right to an increase in Contract Price or extension of Contract Time. No claim by the CONTRACTOR hereunder shall be allowed if asserted after final payment under this Contract. 4.06 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. B. Engineer may check the lines, elevations, reference marks, batter boards, etc., set by Contractor, and Contractor shall correct any errors disclosed by such check. Such a check shall not be considered as approval of Contractor's work and shall not relieve Contractor of the responsibili ty for accurate construction of the entire Work. Contractor shall furnish personnel to assist Engineer in checking lines and grades." Page 481 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 18 4.07 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for th e identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, includin g, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information conta ined in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Haz ardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Envi ronmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Cla im therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 7. Page 482 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 19 G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardo us Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Cond ition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. J. Contractor shall be responsible for all safety measures concerning the handling of all asbestos pipe to be removed as relocated under This Agreement. Contractor shall indemnify the Owner, its agents, employees, and officials from and against all claims, costs, losses and damages, including but not limited to attorneys' fees and other professional fees, arising out of an d relating to the removal and/or relocation of asbestos pipe. ARTICLE 5 – BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faith ful performance and payment of all of Contractor’s obligations under the Contract Documents all in accordance with applicable Florida Statutes, including but not limited to, Florida Statutes, 255.05, et seq. . These bonds shall be in form and content as identified in the Instructions To Bidders or otherwise in the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. The City of Ocoee has specified a form of a performance bond which shall be used for this project. B. All bonds shall be executed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amen ded) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent’s authority to act. C. If the surety on any bond furnished by Contractor is declar ed bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, withi n 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. Page 483 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 20 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits a nd coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions or below. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified below in this Article or in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified as identified below or in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor’s Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claim s set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees; 4. claims for damages insured by reasonably available per sonal 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. 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; and 6. 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. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified below or in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional Page 484 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 21 insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided below or in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor’s indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified below or in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, remain in effect for at least two years after final payment. C. Contractor shall furnish Owner and each other additional insured identified below or in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. D. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers' Compensation, and related coverages under paragraphs 5.04.A.1 and A.2 of the General Conditions: a. State: Statutory b. Applicable Federal (e.g., Longshoreman's): Statutory c. Employer's Liability: *** 2. Contractor's General Liability under paragraphs 5.04.A.3 through A.6 of the General Conditions which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor: a. General Aggregate 2,000,000 b. Products - Completed Operations Aggregate 1,000,000 c. Personal and Advertising Injury 1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) 1,000,000 e. Personal Injury Liability Coverage will include Claims arising out of Employment. f. Property Damage liability insurance will provide Explosion, Collapse, and Undergrou nd coverages where applicable. Page 485 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 22 g. Excess or Umbrella Liability 2,000,000 1) General Aggregate 2) Each Occurrence 3. Automobile Liability under paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: Each person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 OR c. Combined Single Limit of $1,000,000 4. The Contractual Liability coverage required by paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Accident $1,000,000 Annual Aggregate $2,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $2,000,000 5. Additional Insureds: [name and address of design firm, if any] City of Ocoee 1 N. Bluford Avenue Ocoee, FL 34761 Others, as may be identified by the OWNER 5.05 Owner’s Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. The Owner shall not have the duty or obligation to purchase or maintain such insurance and nothing herein shall be so deemed to require same. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (Contractor shall be responsible for any deductible or self-insured retention.). This insurance shall: Page 486 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 23 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder’s Risk “all-risk” or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall i nsure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Contractor shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplemen tary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any prop erty insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identifi ed deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser’s own expense. E. Where applicable, the Contractor shall purchase and maintain adequate flood insurance for work within designated flood hazard areas as defined by P.L. 93-234 (Flood Disaster Protection Act). Page 487 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 24 5.07 Waiver of Rights A. Owner and Contractor intend that all policies pu rchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any oth er property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may h ave to the proceeds of insurance held by Contractor as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the complet ed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcont ractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.0 6 will be adjusted with Contractor and made payable to Contractor as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Contractor shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof. B. Contractor as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Contractor’s exercise of this power. If such objection be made, Contractor as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. Page 488 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 25 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If Owner has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by Contractor in accordance with this Article 5 on the basis of its not complying with the Contract Documents, Owner will notify Contractor in writing thereof within ten days of the date of delivery of such certificates to Owner . Contractor will provide such additional information in respect of insurance provided by him as Owner may reasonably request . 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any 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 cancel ed or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall n ot be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor’s repr esentative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or an y legal holiday without Owner’s written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. C. Except in the event of an emergency, no work shall be performed (1) before sunrise and after sunset, (2) nor between the hours of 7:00 p.m. and 7:00 a.m. (3) nor on Saturday and Sunday and (4) nor on any holiday of the Owner "Regular Working Hours" shall be between 7:00 a.m. and 7:00 p.m. and shall be established by the Contractor at the Pre-construction Meeting, provided the total working hours shall not exceed eight (8) hours per day and forty (40) hours per week. If construction or maintenance work requires operations during other than Regular Working Hours, the Contractor shall obtain written permission of the Own er at least forty-eight (48) hours in advance of starting such work, and shall set forth the proposed schedule for overtime to give O wner ample time to arrange for his personnel to be at the site of the work. C ontractor shall pay for the additional Page 489 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 26 charges to the Owner on account of such overtime work. Such additional charges shall be a subsidiary obligation of Contractor and no extra payment shall be made by Owner on account of such overtime work. D. This Agreement is subject to the applicable provisions of the Contract Work Hours and Safety Standards Act, Public Law 87-581, 87th Congress. No Contractor or Subcontractor contracting for any part of the Work shall require or permit any laborer or mechanic to be employed on the Work in excess of forty h ours in any work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of forty hours in such work week, as the case may be. E. Except as may be otherwise required by law, all claims and disputes pertaining to the classification of labor employed on the project under this Contract shall be decided by Owner's governing body or other duly designated official. F. Contractor shall employ only competent persons to do the work and whenever Owner shall notify Contractor, in writing, that any person on the Work appears to be incompetent, unfaithful, disorderly, or otherwise unsatisfactory, such person shall be removed from the Project and shall not again be employed on it except with the consent of Owner. G. Contractor and Subcontractors shall, insofar as practicable, give preference in the hiring of workers for the Project to qualified local residents with first preference being given to citizens of the United States who have served in the armed forces of the United States and have been honorably discharged therefrom or released from active duty therein. H. Contractor shall reimburse the Owner the reasonable and customary amounts the Owner incurs for additional engineering and/or inspection costs incurred as a result of overtime work in excess of the regular working hours . Overtime costs shall be deducted from the Contract amount by written Change Order (Contract Modification). Overtime costs for the Owner's personnel sh all be based on the individual's current overtime wage rate and shall include labor burden, etc. Overtime costs for personnel employed by the Engineer or Owner's independent testing laboratory shall be calculated in accordance with the terms of their resp ective contracts with the Owner I. No work shall be performed on legal holidays of the Owner, which for the Work are defined as follows: Holiday Calendar Date CITY OF OCOEE TO CONFIRM HOLIDAYS Holiday Calendar Date New Year's Day January 1 Martin Luther King Day Third Monday in January Memorial Day Last Monday in May Independence Day July 4 (may be observed on the prior Friday or following Monday) Labor Day First Monday in September Thanksgiving Day 4th Thursday in November Day after Thanksgiving 4th Friday in November Christmas Eve December 24 Page 490 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 27 Christmas December 25 If Christmas and Christmas Eve fall on a weekend, the preceding Friday and following Monday will be observed as holidays. If Christm as falls on a Monday, the preceding Friday will be observed as a holiday. If Christmas falls on a Saturday, the preceding Thursday will be observed as a holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Con tractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary faciliti es, and all other facilities and incidentals necessary for the performance, testing, start -up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including rep orts of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or -equal” item or no substitution is permitted, other items of material or equipment or materi al or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. “Or-Equal” Items: If in Engineer’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that na med and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an “or -equal” item, in which case review and approval of the proposed item may, in Engineer’s sole discretion, be accomplished without comp liance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: Page 491 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 28 a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results impose d by the design concept of the completed Project as a functioning whole; 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer’s sole discretion an item of material or equipment proposed by Contr actor does not qualify as an “or -equal” item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The procedure requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) will perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and Page 492 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 29 c) whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified , and b) available engineer ing, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No “or equal” or substitute will be ordered, installed or utili zed until Engineer’s review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an “or equal.” Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. E. Engineer’s Cost Reimbursement: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute; and all costs resulting from any delays in the Work while the substitution was undergoing reviews. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or -equal” at Contractor’s expense. G. Equipment specifications containing experience clauses requires equipment manufacturers to have a record (min. number installations and years of operation) of satisfactory operation. In lieu of experience, a manufacturer/supplier may provide the equipment with the mutual understanding of all parties that no payment shall be released for such equipment including installation costs until it is demonstrated that the equipment meets the specific design performance requirements. All such monies retained shall be held by the Owner in an interest bearing escrow account from the date of application for payment for such work until the date of demonstrated conformance. All such retained monies and accrued interest shall be released to the Contractor upon demonstrated conformance. All monies not paid by the Owner shall bear interest a 7 percent per annum or the maximum rate provided by law, whichever is less. Where the equipment has failed specified tests to demonstrate conformance to the design requirements, the Contract shall remove said equipment and shall substitute the equipment as approved by the Owner/Engineer as specified having the required experience. The Contractor shall install the substituted equipment as required to provide a complete and functional system Page 493 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 30 without cost to the Owner. (Refer to GC-13.07). No experience restriction will be permitted which unnecessarily reduces competition or innovation. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Instructions to Bidders or the Invitation To Bid requires the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Own er in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with th ose requirements, then any such Subcontractor, Supplier, or other individuals or ent ities so identified and not objected to in writing by Owner or Engineer prior to the execution of the Agreement will be deemed acceptable to Owner and Engineer. All other Subcontractors, Suppliers, or other individuals or entities so identified shall be deemed to have been accepted if Owner or Engineer deliver no written objection thereto within forty-five (45) days after Contractor’s written identification of such Subcontractors, Suppliers, or other individuals or entities. However, if within said forty-five (45) day period, Owner or Engineer has reasonable objection to any Subcontractors, Suppliers, or other individuals or entities whether previously identified or subsequently, Contractor shall submit an acceptable substitute without entitlement to any change in Contract Price. If Owner or Engineer demands the substitution at any time and it is determined that the Owner or Engineer did not have a reasonable objection, the Contractor shall comply with the demand for substitution and shall be entitled to an adjustment in the Contract Price (by appropriate Change order or Written Amendment) for the difference in cost resulting directly from such substitution. After acceptance by the Owner or Engineer of any particular Subcontractor, Supplier, or other individuals or entities, the Contractor shall make no substitution without written approval of the Owner, which may be granted or withheld at Owner’s sole discretion. No acceptance by Owner or Engineer of any such Subcontractor, Supplier or any other person or organization shall be deemed to constitute a waiver or an estoppel of any right of Owner or Engineer to reject defective work performed in whole or in part by any such Subcontractor, Supplier, or other individual or entity. C. Contractor shall be fully r esponsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in t he Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor 2. shall anything in the Contract Documents create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulat ions. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. Page 494 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 31 F. The divisions and sections of the Specifications and the identifications of any Dra wings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier wai ves all rights against Owner, Contractor, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the in surers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultan ts and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. Reference is made to the Bidding Requirements of the Contract Documents for a list of permits and licenses obtained by the OWNER before the bid advertisement. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer sh all be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of Page 495 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 32 engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at th e time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas 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 thereof, or of any adjacent land or areas resulting from the performance of the Work. Use of Owner’s existing buildings or lands by the Contractor for storage of materials and equipment will not be permitted. Use of existing washrooms, lavatories, sanitary facilities or plumbing facilities by the Contractor or any of his employees or Subcontractors will not be permitted. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor’s performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulation s. C. Cleaning: Prior to Substantial Completion of the Work, Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Page 496 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 33 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all D rawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show 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. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. 4. In the event of temporary suspension of the Work, or during inclement weather, or whenever Engineer may direct; Contractor shall, and shall cause Subcontractors, to protect carefully the Work and materials against damage or injury from the weather. If, in the opinion of Engineer, any portion of Work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any Subcontractors to so protect the Work, such Work and materials shall be removed and replaced at the expense of Contractor. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of ad jacent property and of Underground Facilities and other 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. Contractor shall comply with the Trench Safety Act, Florida Law, Chapter 90-96 (CS/SB2626); OSHA (P.L. 91-596); the Contract Work Hours and Safety Standards Act (P.L. 91-54); and the Federal Register 29 CFR part 1926, OSHA Subpart P, and all federal requirements as part of the federal gran t as stated in the solicitation and contract, as well as all other local, state and federal ordinances, laws, and regulations regarding safety. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, di rectly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). D. Contractor’s duties and responsibilities for safety and for 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 Page 497 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 34 Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or amon g employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, i njury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as ca talog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the S chedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: Page 498 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 35 a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer’s Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedul e of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such wil l not indicate approval of the assembly in which the item functions. 3. Engineer’s review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the r equirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer’s review and approval shall not relieve Contractor fr om responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. Page 499 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 36 6.18 Continuing the Work A. 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 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner for a period of one (1) year following the issuance of the Certificate of Completion for the project that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. The Contractor shall indemnify and hold harmless the City of Ocoee, and its agents, officials and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor or persons employed or utilized by the Contractor in the performance of the construction contract. B. In any and all claims against the City of Ocoee or an y of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of th em to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Page 500 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 37 Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer’s officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequen ces and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Engineer. C. Owner shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. D. Pursuant to this Paragraph 6.21, Engineer’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expr essed in the Contract Documents. Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. ARTICLE 7 – OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner’s employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, a Page 501 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 38 reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly coordinate the Work with theirs. Contractor shall do all cuttin g, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the 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 in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor’s Work dep ends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work. D. The Contract Time stipulated for this Construction Contract may also include the time required for utility construction by others as addressed by any Utility Reloca tion Schedule(s) included within the Contract Documents or Information Available to Bidders, and/or pursuant to referenced utility relocation period(s) detailed under the Contract General Requirements 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemi zed; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incu rred by Contractor as a result of the other contractor’s actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor’s a ction or inactions. ARTICLE 8 – OWNER’S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. Page 502 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 39 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner un der the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner’s duties in respect of providing lands and easements and providin g engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner’s responsibilities, if any, in respect to purchasing a nd maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner’s responsibility in respect to certain inspection s, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. Page 503 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 40 ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION 9.01 Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract Documen ts and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, i n general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to gu ard Owner against defective Work. B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer’s visits or observations of Contractor’s Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. Owner will furnish a Resident Project Representative to observe the performance of the Work. The duties, responsibilities and limitations of authority of this Resident Project Representative (and assistants) are as follows: B. The Resident Project Representative (RPR) will act as directed by and under the supervision of OWNER, and will confer with Owner and Engineer . RPR's dealings in matters pertaining to the on -site work shall, in general, be only with Owner, Engineer, and Contractor, and dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. C. DUTIES AND RESPONSIBILITIES OF RPR 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals, and schedule of values prepared by Contractor and consult with Owner and Engineer concerning the acceptability of these submittals. 2. Conferences and Meetings: Attend meetings with Contractor, such as pre-construction conferences, progress meetings, job conferences, and other project-related meetings. 3. Communications by the RPR a. The RPR shall communicate with the Contractor on the site working principally through the Contractor’s project manager and superintendent to facilitate communications between the Engineer and the Owner and to advise the Contractor and the Engineer when the construction operations need to be adjusted to serve the purposes of the Owner on the site. Page 504 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 41 b. As requested by Contractor obtain from Owner and Engineer additional details or information, when required for proper execution of the work. 4. Shop Drawings and Samples a. Record date of receipt of Field Shop Drawings and samples. b. Receive samples which are furnished at the site by Contractor, and notify Engineer of the availability of samples for examination. c. Advise Engineer and Contractor of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by the Engineer. 5. Review of Work, Rejection of Defective Work, Inspections and Tests a. Conduct on-site observations of the Work in progress to assist Engineer in determining if the Work is, in general, proceeding in accordance with the Contract documents. b. Report to Owner and Engineer whenever the RPR believes that any Work will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Owner and Engineer of work the RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems startups and operating and maintenance training are conducted in presence of appropriate personn el, and that Contractor maintains adequate records thereof; observe, record and report to Owner and Engineer appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Owner and Engineer. 6. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 7. Modifications: Consider and evaluate Contractor’s suggestions for modifications in Drawings or Specifications and report them with RPR'S recommendations to Owner and Engineer. Transmit to Contractor in writing decisions as issued by Owner and Engineer. 8. Records a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Change Directives, Addenda, Change Orders, Field orders, additional Drawings issued subsequent to the execution of the Contract, Engineer’s clarifications and interpretations of the Contract Documents, progress reports, and other Project-related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the job site, weather conditions, data relative to questions of Work Change Directives, Change Orders, or changed conditions, list of job site visitors, daily activities, decisions, observations in general, Page 505 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 42 and specific observations in more detail as the case of observing test procedures; and send copies to Engineer. c. Record names, addresses, and telephone numbers of Contractor, subcontractors, and major suppliers of materials and equipment. 9. Reports a. Contractor and Engineer shall furnish the RPR with periodic reports as required of progress of the Work and Contractor’s compliance with the progress schedule. b. Contractor and Engineer shall consult with the RPR in advance of scheduled major tests, inspections or start of important phases of the Work. c. Contractor and Engineer shall work with the RPR to draft proposed Change Orders and Work Change Directives, by providing backup material. The RPR may from time to time recommend that Change Orders, Work Change Directives and Field Orders be issued. . 10. Payment Requisitions: The RPR may assist in the review of applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. Initial approved percentages of completion with respect to the schedule of values. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, the RPR may assist to verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to E ngineer for review and forward same to Owner prior to final payment for the Work. 12. Completion a. The RPR may, before the Contractor submits a request for a substantial completion inspection, submit to the Contractor a list of observed items requiring completion or correction. b. The RPR may, but shall not be required, to advise the Contractor or the Engineer whether Contractor has performed inspections required by laws, rules, regulations, ordinances, codes, or orders applicable to the Work, including but not limited to those to be performed by public agencies having jurisdiction over the Work, including but not limited to, the City of Ocoee. c. The RPR may also assist in conducting final inspection together with the Engineer, Owner and Contractor and assist in preparing a final list of items to be completed and corrected. d. The RPR may observe whether all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. D. LIMITATIONS OF AUTHORITY Resident Project Representative 1. By taking any such action as noted above, the RPR shall not be deemed to have authorized any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items), unless same is expressly authorized by Engineer in accordance with this Agreement. Page 506 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 43 2. By taking such action as noted above, the RPR shall not be deemed to have usurped or exceeded the Engineer’s authority or responsibilities , as set forth in the Agreement or the Contract Documents. 3. By taking any such action as noted above, the RPR shall not be deemed to have undertaken any of the responsibilities of the Contractor, Engineer, subcontractors, suppliers, or agents or employee’s of same. 4. By taking any such action as noted above, the RPR shall not be deemed to have advised on, issued directions relative to, or assumed control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. By taking any such action as noted above, the RPR shall not be deemed to have provided advise on, or issued directions regarding, or assumed control over safety precautions and programs in connection with the Work. 6. The RPR shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 7. By taking any such action as noted above, the RPR shall not be deemed to have authorized OWNER to occupy the Project in whole or in part. 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others, except as specifically authorized by OWNER and ENGINEER. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Do cuments which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 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 Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer’s authority as to Change Orders, see Articles 10, 11, and 12. Page 507 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 44 D. In connection with Engineer’s authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provis ions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work , will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer’s decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.0 5.B. C. Engineer’s written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality t o Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, sch edules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. Page 508 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 45 E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 – CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, subject to written approval by Agency at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contra ct Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a resu lt of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any wor k performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.0 4.B. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner’s correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; 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 such appeal, Contractor shall carry on the Work and adhere to th e Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. 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 Times) is req uired by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer’s Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any Page 509 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 46 exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant’s written st atement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant’s l ast submittal (unless Engineer allows additional time). C. Engineer’s Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the followi ng actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer’s sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer’s written action under Paragraph 10.05.C or denial pursuant t o Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs sh all be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.B. 1. Payroll costs for employees in the direct employ of Contractor i n the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time Page 510 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 47 spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontra ctor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone d irectly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements Page 511 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 48 made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressages, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agent s, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor ’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A and 11.01.B. C. Contractor’s Fee: When all the Work is performed on the basis of cost -plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so cover ed to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: Page 512 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 49 a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner t o cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the Bid price of a particular item of Unit Price Work amounts to more than 5 percent of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than 25 percent from the estimated quantity of such item ind icated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be chan ged by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. Page 513 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 50 B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead an d profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor’s Fee: The Contractor’s fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor’s fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor’s fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one ch ange, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. g. Equipment: For any machinery or special equipment (other than small tools), including fu el and lubricant, the Contractor will receive 100% of the “Rental Rate Blue Book” for the actual time that such equipment is in operation on the work, and 50% of the “Rental Rate Blue Book” for the time the equipment is directed to standby and remain on th e project site. The equipment rates will be based on the latest edition (version current at the time of bid) of the “Rental Rate Blue Book for Construction Equipment” or the “Rental Rate Blue Book for Older Construction Equipment,” whichever is applicable, as published by Machinery Information Division of PRIMEDIA Information, Inc.( version current at the time of bid), using all instructions and adjustments contained therein and as modified below. On all projects, the Engineer will adjust Page 514 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 51 the rates using regional adjustments and Rate Adjustment Tables according to the instructions in the “Blue Book”. h. The Monthly Rate is the Basic Machine Rate Plus Any Attachments. Standby rates will apply when equipment is not in operation and is directed by the Engineer to standby at the project site when needed again to complete work and the cost of moving the equipment will exceed the accumulated standby cost. Standby rates will not apply on any day the equipment operates eight or more hours. Standby payment will be limited to only that number of hours which, when added to the operating time of that day equals eight hours. Standby payment will not be made on days that are not normally considered workdays on the project. i. The Owner will allow for the cost of transporting the equipment to and from the location at which it will be used. If the equipment requires assembly or disassembly for transport, the Owner will pay for the time to perform this work at the rate of standby equipment 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in this Paragraph 12.03.B. 1. delays caused by or within the control of Contractor; or D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. Page 515 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 52 E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. Inspections required by the Contract Documents for pre-engineered, prefabricated or precast structural components shall be performed at the place of manufacture upon each stage of manufacture, by a registered professional engineer licensed in the State of Florida (other than the Manufacturer's Specialty Engineer) or a person under his direct supervision. Two (2) copies of a written report of such inspection shall be provided to the E ngineer prior to delivery to the site and shall be prepared by the inspector and each copy shall bear the seal and signature of the respective registered professional engineer. The costs for these inspections and reports shall be paid for by the Contractor. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. Page 516 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 53 E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by C ontractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E 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. 13.04 Uncovering Work A. 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. B. 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 m ake available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. Contractor shall have no claim for delay or disruption based upon the Engineer’s reasonable actions under this paragraph. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient ski lled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for , or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Contractor shall have no claim for delay or disruption based upon the Engineer’s reasonable actions under this paragraph. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guar antee, if any, on said Work. Page 517 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 54 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any sp ecific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it fr om the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, a nd damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragr aph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer’s recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (includi ng but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner’s evaluation of and determination to accept such defective Work (s uch costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. 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, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. Page 518 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 55 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s servi ces 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 allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and 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 de crease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 13.09. ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. Not later than ten (10) days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation indicating that the Contractor has either paid for such materials or equipment or 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 or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. The Contractor shall furnish evidence that payment received on the basis of materials and equipment not incorporated but delivered and suitably stored, has in fact been paid Page 519 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 56 to the respective supplier(s) on submission of the next application for payment submitted by the Contractor. Failure to provide such evidence of payment shall result in the withdrawal of previous approval(s) and removal of the related equipment from the next submitted Application for Payment." 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Ap plications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. 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. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of qua ntities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties th at might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, includin g final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or Page 520 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 57 c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner sta ted in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer’s opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been requir ed to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Not later than Twenty-five (25) days after the Application for Payment to the Owner is stamped as received by the City, the amount recommended by the Engineer, will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. 2. If the Contractor and its Surety shall fail to pay any undisputed claims, made in writing to Owner within thirty (30) days after completion of the Work, but continuing unsatisfied for a period of ninety (90) days, Owner, at its sole discretion and option, may pay such undisputed claim and deduct the amount thereof from the balance due Contractor ; if Owner deems such action to be in its best interests. Owner may also, with the written consent of Contractor and its Surety, use any monies retained, due, or to become due under this Contract for the purpose of paying for both labor and materials for the Work, for disputed claims or claims that have not been filed. 3. All monies paid by Owner in settlement of claims as set forth above, with the costs and expenses incurred by Owner in connection therewith, shall be charged to Contractor, shall bear interest at the then existing legal rate of interest under the laws of the State of Florida; and shall be deducted from the next payment due Contractor un der the terms of this Contract. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor’s performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; Page 521 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 58 c. the Contractor's performance or furnishing of the Work is inconsistent with funding Agency requirements; d. there are other items entitling Owner to a set-off against the amount recommended including but not limited to, the aggregation of liquidated damages; or e. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragra ph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner’s satisfaction the reasons for such action. 3. If it is subsequently determined that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Wor k, materials, supplies and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. No materials or supplies for the Work shall be purchased subject to any security interest, or under a conditional sales contract or other agreement by which an interest is retained by the seller. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor’s notification, Owner, Agency, Contractor, and Engineer shall make a prefinal inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a 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 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 con sidering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner’s objections, Engineer considers the Work substantially complete, Engineer will within said 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. Page 522 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 59 D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will delive r to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing 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. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing tha t Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibil ity in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner, Agency, and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is in complete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates Page 523 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 60 of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previousl y delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.0 7.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) 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. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. 4. Notwithstanding any other provision of these Contract Documents to the contrary, O wner and Engineer are under no duty or obligation whatsoever to any Subcontractor, laborer or other party to ensure that payments due and owing to any of them are or will be made. Such parties shall rely only on the Contractor’s payment and performance bonds and the obligations of the Surety as remedy of nonpayment. B. Engineer’s Review of Application and Acceptance 1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as re quired 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 days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. 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 (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed an d accepted. If the remaining balance to be held by Page 524 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 61 Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to 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. The remaining balance of any sum included in the final Application for Payment but held by OWNER for Work not fully completed and accepted will become due when the Work is fully completed and accepted. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor’s continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by 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 granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05 ; however, if the Owner stops Work under Article 13.05 or suspends services under Article, or suspends the Work or any portion thereof because of the Contractor is endangering persons and property, the Contractor shall be entitled to no extension of Contract Time or increase in Contract Price.” 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04);or 2. If the Contractor assigns or delegates its duties under this Contract or any substantial part thereof without the previous written consent of Owner, or if the Contract or any claim thereunder shall be assigned by Contractor otherwise than as herein specified; or 3. Contractor’s disregard of Laws or Regulations of any public body h aving jurisdiction; or 4. Contractor’s material disregard of the authority and directives of the Engineer; or 5. Contractor’s violation or material breach of any provisions of the Contract Documents; or 6. Contractor’s abandonment of the Work to be done under this Contract. Page 525 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 62 B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. 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), 2. 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 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balan ce, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any right s or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor’s services have been so terminated by Owner, the termination will not a ffect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with th e Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of eng ineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. Page 526 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 63 B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to p ay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. Th e provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this Paragraph. ARTICLE 16 – DISPUTE RESOLUTION AND WAIVER OF TRIAL BY JURY 16.01 A. As a condition precedent to the filing of any suit or other legal proceeding, the parties shall endeavor to resolve claims, disputes or other matters in question by Mediation. Mediation shall be initiated by any party by serving a written request for same on the other party. The parties shall by mutual agreement select a Mediator within fifteen (15) days of the date of the request for Mediation. If the parties can not agree on the selection of a Mediator, then the owner shall select the Mediator, who, if selected solely by the Owner, shall be a Mediator certified by the Supreme Court of Florida. No suit or other legal proceeding shall be filed until the mediator declares an impasse, which declaration, in any event, shall be deemed as issued by the Mediator not later than sixty (60) days after the initial Mediation Conference. The CONTRACTOR will carry on the Work and maintain the progress schedule during any dispute. Venue for any litigation, at law or equity, shall lie exclusively in The Circuit Court of the Ninth Judicial Circuit Court in and for Orange County, Florida . 16.02 This Contract, or any provision hereof, shall be construed and interpreted, and any litigation arising therefrom, shall be governed by the laws of the State of Florida. 16.03 The CONTRACTOR and OWNER waive trial by jury in any action, proceeding or claim which may be brought by either of the parties hereto against the other on any matters concerning or arising out of this Contract. ARTICLE 17 – MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of t he firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Page 527 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 64 3. Both the address given in the Bid Form upon which this Agreement is founded, and Contractor's office at or near the site of the Work are hereby designated as places to either of which notices, letters, and other communications to Contractor shall be certified, mailed, or delivered. The delivering at the a bove named place, or depositing in a postpaid wrapper directed to the first -named place, in any post office box regularly maintained by the U.S. Postal Department, of any notice, letter or other communication to Contractor shall be deemed sufficient service thereof upon Contractor; and the date of said service shall be the date of such delivery or mailing. The first -named address may be changed at any time by an instrument in writing, executed and acknowledged by Contractor, and delivered to Owner and Engin eer. Nothing herein contained shall be deemed to preclude or render inoperative the service of any notice, letter, or other communication upon Contractor personally. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted fr om the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective a s if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 17.06 The form of all submittals, notices, change orders, and other documents permitted or required t o be used or transmitted under the Contract Documents shall be determined by the Engineer. During the pre-construction meeting, the Engineer shall provide to the Contractor one set of such project administration forms to be utilized during the construction of this project. These forms are referenced as: Forms Used by the Engineer and/or Owner’s Representative 00844 Non-compliance Notice 00845 Field Order 00847 Request for Proposed Change 00848 Daily Construction Report 00849 Weekly Construction Progress Report Forms Used by the Contractor 00861 Periodic Estimate for Partial Payment 00862 Certificate of Engineer Page 528 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 65 00863 Certificate of Final Completion 00864 Shop Drawing Submittal 00865 Certificate of Final Inspection 00868 Contractor Request for Information 00878 Contractor Proposed Change 00879 Waiver and Release of Lien upon Final Payment 00881 Waiver and Release of Lien upon Progress Payment 00883 Contractor's Final Affidavit 00885 Contractor's Interim Affidavit Forms Used by All Parties during Construction 00850 Construction Accident Report 17.07 The Contractor shall comply with Florida's Archives and Historical Act (Florida Statutes Chapter 267) and the regulations of the local historic preservation board as applicable and prote ct against the potential loss or destruction of significant, historical or archaeological data, sites, and properties in connection with the project . 17.08 If apprentices are required or utilized on this project, then the provisions of Chapter 446, Florida Stat utes, shall govern. 17.09 If the price of this Agreement/Contract equals or exceeds $50,000 and if the Contractor has 50 or more employees, the Contractor shall file with the Owner, within 30 calendar days after the award of this Agreement/Contract, a report on Standard Form 100 (EEO-1), which has been promulgated jointly by the Office of Federal Contract Compliance Programs, the Equal Employment Opportunity Commission, and Plans for Progress, unless the Contractor has submitted such a report within 12 months pr eceding the date of award of this Agreement/Contract. In addition, the Contractor shall ensure that each construction subcontractor having 50 or more employees and a lower-tier construction subcontract with a price equaling or exceeding $50,000 also files with the Owner, within 30 calendar days after the award to it of the lower -tier construction subcontract, a report on Standard Form 100 (EEO- 1) unless the construction subcontractor has submitted such a report within 12 months preceding the date of award of the lower-tier construction subcontract. (Subsequent reports are to be submitted annually in accordance with 41 CFR 60-1.7(a) or at such other intervals as the Director of the Office of Federal Contract Compliance Programs may require.) ARTICLE 18 – FEDERAL REQUIREMENTS 18.01 Financing Agency Not a Party A. This Contract may be funded in part with funds provided by a State or Federal Agency. Neither State or Federal Agency, nor any of its departments, entities, or employees is a party to this Contract. All procurements by Federal Grant recipients and sub-recipients shall comply with the provisions of 2 C.F.R. Section 200.317 – 327. 18.02 Contract Approval A. Owner and Contractor will furnish Owner’s attorney such evidence as required so that Owner’s attorney can complete and execute the following “Certificate of Owner’s Attorney” (Exhibit GC-A) before Owner submits the executed Contract Documents to Agency for approval. B. Concurrence by Agency in the award of the Contract is required before the Contract is effective. Page 529 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 66 18.03 Conflict of Interest A. Contractor may not knowingly contract with a supplier or manufacturer if the individual or entity who prepared the plans and specifications has a corporate or financial affiliation with the supplier or manufacturer. B. Owner’s officers, employees, or agents shall not engage in the award or administration of this Contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (i) the employee, officer or agent; (ii) any member of their immediate family; (iii) their p artner or (iv) an organization that employs, or is about to employ, any of the above, has a financial interest in Contractor. Owner’s officers, employees, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from Contractor or subcontractors. 18.04 Gratuities A. If Owner finds after a notice and hearing that Contractor, or any of Contractor’s agents or representatives, offered or gave gratuities (in the form of entertainment, gifts, or otherwise) to any official, employee, or a gent of Owner or Agency in an attempt to secure this Contract or favorable treatment in awarding, amending, or making any determinations related to the performance of this Contract, Owner may, by written notice to Contractor, terminate this Contract. Owner may also pursue other rights and remedies that the law or this Contract provides. However, the existence of the facts on which Owner bases such findings shall be an issue and may be reviewed in proceedings under the dispute resolution provisions of this C ontract. B. In the event this Contract is terminated as provided in paragraph 18.04.A, Owner may pursue the same remedies against Contractor as it could pursue in the event of a breach of this Contract by Contractor. As a penalty, in addition to any other dam ages to which it may be entitled by law, Owner may pursue exemplary damages in an amount (as determined by Owner) which shall not be less than three nor more than ten times the costs Contractor incurs in providing any such gratuities to any such officer or employee. 18.05 Audit and Access to Records A. For all negotiated contracts and negotiated modifications (except those of $10,000 or less), Owner, Agency, the Comptroller General, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Contractor, which are pertinent to the Contract, for the purpose of making audits, examinations, excerpts and transcriptions. Contractor shall maintain all required records for three years after final payment is made and all other pending matters are closed. 18.06 Small, Minority and Women’s Businesses A. If Contractor intends to let any subcontracts for a portion of the work, Contractor shall take affirmative steps to assure that small, minority and women’s businesses are used when possible as sources of supplies, equipment, construction, and services. Affirmative steps shall consist of: (1) including qualified small, minority and women’s businesses on solicitation lists; (2) assuring that small, minority and women’s businesses ar e solicited whenever they are potential sources; (3) dividing total requirements when economically feasible, into small tasks or quantities to permit maximum participation of small, minority, and women’s businesses; (4) establishing delivery schedules, where the requirements of the work permit, which will encourage participation by small, minority and women’s businesses; (5) using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the U.S. Depart ment of Commerce; (6) requiring each party to a subcontract to take the affirmative steps of this section; and (7) Contractor is encouraged to procure goods and services from labor surplus area firms. 18.07 Anti-Kickback A. Contractor shall comply with the Copeland Anti-Kickback Act (18 USC 874 and 40 USC 276c) as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Page 530 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 67 Buildings or Public Works Financed in Whole or in Part by Loans or Grants of the United States”). T he Act provides that Contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public facilities, to give up any part of the compensation to which they are otherwise entitled. Owner shall report all suspected or reported violations to Agency. 18.08 Clean Air and Pollution Control Acts A. If this Contract exceeds $100,000, Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 USC 1251 et seq.). Contractor will report violations to the Agency and the Regional Office of the EPA. 18.09 State Energy Policy A. Contractor shall comply with the Energy Policy and Conservation Act (P.L. 94-163). Mandatory standards and policies relating to energy efficiency, contained in any applicable State Energy Conservation Plan, shall be utilized. 18.10 Equal Opportunity Requirements A. If this Contract exceeds $10,000, Contractor shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” B. Contractor’s compliance with Executive Order 11246 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative active obligations required by the Standard Federal Equal Employment Opportunity Construction Contract Specifications, as set forth in 41 CFR Part 60 -4 and its efforts to meet the goals established for the geographical area where the Contract is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting Contractor’s goals shall be a violation of the Contract, the Executive Order, and the regulations in 41 CFR Part 60 -4. Compliance with the goals will be measured against the total work hours performed. C. Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the Contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the Contract is to be performed. 18.11 Restrictions on Lobbying A. Contractor and each subcontractor shall comply with Restrictions on Lobbying (Public Law 101 -121, Section 319) as supplemented by applicable Agency regulations. This Law applies to the recipients of contracts and subcontracts that exceed $100,000 at any tier under a Federal loan that exceeds $150,000 or a Federal grant that exceeds $100,000. If applicable, Contractor must complete a certification form on lobbying activities related to a specific Federal loan or grant that is a funding source for this Contract. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 USC 1352. Each tier shall disclose any lobbying with non -Federal funds that takes place Page 531 of 656 ITB #23-001 Upgrade to Existing Transfer Pump Station and Upgrade to Existing Reuse Pump Station 00710 - 68 in connection with obtaining any Federal award. Certifications and disclosures are forwarded from tier to tier up to the Owner. Necessary certification and disclosure forms shall be provided by Owner. 18.12 Environmental Requirements A. When constructing a project involving trenching and/or other related earth excavations, Contractor shall comply with the following environmental constraints: 1. Wetlands – When disposing of excess, spoil, or other construction materials on public or private property, Contractor shall not fill in or otherwise convert wetlands. 2. Floodplains – When disposing of excess, spoil, or other construction materials on public or private property, Contr actor shall not fill in or otherwise convert 100 year floodplain areas delineated on the latest Federal Emergency Management Agency Floodplain Maps, or other appropriate maps, i.e., alluvial soils on NRCS Soil Survey Maps. 3. Historic Preservation – Any excavation by Contractor that uncovers an historical or archaeological artifact shall be immediately reported to Owner and a representative of Agency. Construction shall be temporarily halted pending the notification process and further directions issued by Agency after consultation with the State Historic Preservation Officer (SHPO). 4. Endangered Species – Contractor shall comply with the Endangered Species Act, which provides for the protection of endangered and/or threatened species and critical habitat. Should any evidence of the presence of endangered and/or threatened species or their critical habitat be brought to the attention of Contractor, Contractor will immediately report this evidence to Owner and a representative of Agency. Construction shall be temporarily halted pending the notification process and further directions issued by Agency after consultation with the U.S. Fish and Wildlife Service. Page 532 of 656