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HomeMy Public PortalAboutCouncil Meeting Packet2 Document_Redacted.pdfMAYOR CITY MANAGER Shirley Sessions Dr. Shawn Gillen CITY COUNCIL CLERK OF COUNCIL Barry Brown, Mayor Pro Tem Jan LeViner John Branigin Jay Burke CITY ATTORNEY Nancy DeVetter Edward M. Hughes Spec Hosti Monty Parks CITY OF TYBEE ISLAND P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org A G E N D A REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL January 14, 2021 at 6:30 PM Please silence all cell phones during Council Meetings Consideration of Items for Consent Agenda 6:30PM Opening Ceremonies Call to Order Invocation: Susan Hill, All Saints Episcopal Church Pledge of Allegiance Announcements In Memorial 1. In Memoriam 2020 Recognitions and Proclamations 2. 2020 Retirees Janice G. Elliott - 20 years Phyllis George - 15 years Melanie Smith - 25 years Consideration of the approval of the minutes of the meetings of the Tybee island City Council 3. Minutes: December 10, 2020 Consideration of Boards, Commissions and Committee Appointments 4. Planning Commission: Marie Gooding 5. Planning Commission: Susan Hill 6. Planning Commission: Charles "Bud" Matlock (Incumbent) 7. Planning Commission: E. Craig Meyer 8. Planning Commission: David McNaughton (Incumbent) 9. Ethics Commission: Lee Cheek 10. Ethics Commission: Trey Conners 11. Ethics Commission: Nancy Frankenhauser 12. Ethics Commission: Michael Pappas (Incumbent) 13. Ethics Commission: Mark Reed (Incumbent) - Page 1 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 14. Ethics Commission: Marie Rodriguez 15. Ethics Commission: Frances Kaye Strickland (Incumbent) 16. Tybee Island Development Authority/Main Street Board of Directors: Beth Martin 17. Tybee Island Development Authority/Main Street Board of Directors: Michael Flores Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes. 18. Eric Landon, CRC Comp Plan Process Consideration of Approval of Consent Agenda Public Hearings 19. Variance: Requesting to go over required 35 foot height ordinance - 1801 Chatham Avenue, 40009 13006, Zone R-2, Walt Freeman. WITHDRAWN BY PETITIONER Consideration of Bids, Contracts, Agreements and Expenditures 20. Award for ITB 2020-757, Mechanical Bar Screen. Funding for this project was in the FY2021 Capital Improvement Program under Account Number 505-4350-54-1400. Total cost is $236,874 from Southern Civil, LLC 21. Contract: Basin Company, LLC, Providing and Installation of Storm Shutters 22. Water Tank Maintenance – 78 Van Horn Critical tank maintenance requires that ALL equipment be removed. Verizon has installed a temporary pole on site for their equipment. Chatham County ICS will be providing an additional temporary pole to transfer all remaining public safety radio equipment, with the exception of the microwave drum antenna connecting this site to the County network. Comcast will provide a temporary point-to-point circuit as a workaround. The cost is to establish a secure site just north of the tower, erect the temporary pole, transfer the equipment, provide temporary land-based communications and return all equipment to the tank when maintenance is complete. 23. Budget amendment to move funds from Fund Balance to Capital Building Improvements for renovation of old Marine Science Center building. 24. Budget Adjustment: Salt Meadows Project: Nutter and Associations, Hydrologic Analysis Reassement for Leonard property driveway maintenance project 25. Award of ITB 2020-755, Memorial Park Pavilion and Budget Amendment, SPLOST Memorial Park Pavilion, to Savannah Construction and Preservation in the amount of $112,950. Consideration of Ordinances, Resolutions 26. Resolution: 2021-1, Superintendent of Elections 27. Resolution: 2021-02, Municipal Election 28. First Reading: 2021-01, Article VIII, Short Term Rental Properties Council, Officials and City Attorney Considerations and Comments 29. Bubba Hughes: Ante Litem Notice: Mark Douglas Deloach 30. Nancy DeVetter: Code Review Committee recommendations 31. Shawn Gillen: Enter into a contract with Greenline Architecture for an assessment and design for the new use of the Old Marine Science Center Building. - Page 2 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 32. Shawn Gillen: Authorization of 80hrs of COVID 19 Sick Leave for employees during calendar year 2021 33. Shawn Gillen: Discuss Code Review Committee Recommendations 34. Jan LeViner: Call to Election Minutes of Boards and Committees 35. Planning Commission Minutes, December 21, 2020 Executive Session Discuss litigation, personnel and real estate Possible vote on litigation, personnel and real estate discussed in executive session Adjournment Individuals with disabilities who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations for those persons. *PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings, should do so during the citizens to be heard section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City Hall and at www.cityoftybee.org. THE VISION OF THE CITY OF TYBEE ISLAND “is to make Tybee Island the premier beach community in which to live, work, and play.” THE MISSION OF THE CITY OF TYBEE ISLAND “is to provide a safe, secure and sustainable environment by delivering superior services through responsible planning, preservation of our natural and historic resources, and partnership with our community to ensure economic opportunity, a vibrant quality of life, and a thriving future.” - Page 3 - File Attachments for Item: 1. In Memoriam 2020 - Page 4 -Item #1. IN MEMORIAM 2020 Jeanne Marie Albert September 2020 N. Carson Branan November 2020 David Walter Cornelius October 2020 Delores Cox April 2020 William Cummins July 2020 Rev. Edna Adkins Deacon November 2020 Susan Follett April 2020 Rowena Fripp September 2020 Timothy Green July 2020 SMSGT Virgle Greenway June 2020 Robert Grissom February 2020 Thomas Groover October 2020 Nedra Hendrix December 2020 Alma “Gladys” Holt December 2020 Linda Carter King April 2020 Donna Kneece June 2020 Rose Lacefield April 2020 Betty Laury May 2020 William Linder December 2020 Henry Meyers, Jr. November 2020 William “Kirk” Middleton September 2020 James Mohs November 2020 Walter Muller, Jr. February 2020 Dorothy Poston October 2020 Gloria Pruitt December 2020 Cheryl Robbins February 2020 Moses Robbins October 2020 James Sahr August 2020 Buddy Sapp October 2020 Marion Stoupenos January 2020 Larry Strickland December 2020 Paul Swift October 2020 Jon “JT” Taylor July 2020 Betty Tillman March 2020 Brenda Gail Warren August 2020 James Stanley Waters November 2020 Robert Wilkinson April 2020 Garey Woodward December 2020 Edwin Wycoff, III August 2020 Susan Wycoff January 2020 - Page 5 -Item #1. File Attachments for Item: 3. Minutes: December 10, 2020 - Page 6 -Item #3. City Council Minutes, December 10, 2020 Consideration of Items for Consent Agenda Mayor Sessions called the Consent Agenda to order at 6:30PM. Those present were Jay Burke, Monty Parks, John Branigin, Barry Brown, Nancy DeVetter and Spec Hosti. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; Tracy O’Connell, Assistant City Attorney; and George Shaw, Director, Community Development. Janet LeViner, Clerk of Council was excused. Mayor Sessions listed the following items on the consent agenda:  Minutes, November 12, 2020  Crowder Gulf Disaster Recovery and Debris Management Contract Renewal  5th Amendment to Water Tower Attachment Lease Agreement: SunCom Wireless Property Company  Bubba Hughes: Ante Litem, Lot 5, North Wave Subdivision, Tybee Island, Paresh J. and Hina Patel, to reject.  Award of ITB 2020-756, Storm Shutters to Basin Company in the amount of $335,170. Mayor Sessions called the regular meeting to order. All those present for the consent agenda were present. Opening Ceremonies  Call to Order  Invocation: Rev. Sue Jackson, Trinity Methodist Church  Pledge of Allegiance Citizens to be Heard. Brayden Brown approached Mayor and Council to give a presentation on Save the Right Whale. Mr. Brown stated this is Whale Week and his request is to have permission to display their 6th Grade Art Project as they are purchasing signs to make people aware to the North Atlantic Right Whale. This would be in the form of yard signs that would be placed at the crossovers. He then gave a brief presentation for Mayor and Council. Spec Hosti made a motion to approve. Barry Brown seconded. Vote was unanimous to approve, 6-0. Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes. Kim Webster and Joe Marinelli approached Mayor and Council to give an update on the Tourism Council Activities Year-to-Date. Mr. Marinelli thanked Mayor and Council for the opportunity to speak. He then did a brief slide presentation to include how the Council is structured; Mission Statement for Visit Tybee; and explanation of the Hotel/Motel Tax and tax collections. Mr. Marinelli discussed the Fall Marketing Campaign in an effort to drive visitation to the Island for the months of October, November and December 2020 and are now in the process of kicking off the Winter Campaign with the intention of driving visitation in the months of January, February and March 2021 which is family oriented driven. Mr. Marinelli then introduced the Visit Tybee Team; Jeff Hewitt, Sr. VP who overseas sales and services; and Jeremy Harvey, VP of Marketing and Communication. It is their goal to reopen the Visitor Center and is excited about the Marine Science Center opening in the spring. Mayor Sessions asked Mr. Marinelli to add the Tybee island Beach Rules to their literature and website to assist visitors to better understand our city. - Page 7 -Item #3. Jan Will and Michelle Owens approached Mayor and Council to give an update on the Historic Preservation Commission. Ms. Owens stated she would like to give a brief presentation on the Historic Preservation Commission. The Commission has a project for 2021 which hopefully will preserve the character of Tybee. Ms. Will stated the first project is the support of the anti- demolition of houses that are considered 50 years or older that contribute to the historic value of Tybee. The second project is to make the Campbell neighborhood important. With this, they would like to establish a local historic district which will be the first for the City. The Commission will set guidelines to follow to include meetings within the proposed neighborhoods. This will also include approval by Mayor and Council. Mayor Sessions thanked Ms. Will. Ms. DeVetter asked for an update in regards to the race equity work. Ms. Owens stated Tybee MLK is working on a grant for this year and a Phase II Grant with the State for the markers. Alan Robertson approached Mayor and Council to give a Coastal Resilience Initiative Update. Mr. Robertson stated the initiative began in 2016 and applied for the DNR permit(s). After the re-nourishment, the dunes were then vegetated. The dune vegetation project is almost complete and DPW is building and restoring crossovers. Mr. Robertson stated they have spent and committed 95% of the $5M the State gave the City. The City has also been recognized nationally for the work that has been done and as a result was named one of the best restored beaches in America and the award will be given in the spring. Mayor Sessions asked Mr. Robertson to further explain the award. Mr. Robertson stated this is the American Shore and Beach Preservation Association, well recognized, and usually do not award a US Army Corps of Engineers beaches and what they were impressed with was our dune system and how the City accomplished that standard. He continued to explain the additional grants that have been applied for and granted in regards to dunes vegetation and monitoring. Mr. Robertson is recommending the City do an Island wide survey, everything we have done, do not have and then rank priority projects. In this way, the City will be ready when grant opportunities become available. Mayor Sessions thanked Mr. Robertson for everything he has done and is doing. Mr. Parks commended Mr. Robertson for his work with dune building. Cody Jones approached Mayor and Council to speak on behalf of the Savannah Realtors Association in regards to the proposed Ordinance 2020-24, Sec 3-190(H), Water Restrictions. Mr. Jones expressed his concerns with the proposed ordinance as the Association feels it could be an infringement upon property rights. They are concerned with the current swimming pools as if the property owner cannot find a company to fill the pool, it might become an eyesore. Mr. Parks clarified comments on social media as the proposed ordinance does not apply to renovations of pools as it is not part of the issue. The proposed ordinance only applies to the initial fill of a brand new pools. Mr. Parks continued, the City needs to move forward on water conservation. Mayor Sessions thanked Mr. Jones for his remarks. Barry Brown made a motion to approve the consent agenda. Monty Parks seconded. Vote was unanimous to approve, 6-0. Public Hearings Subdivision of land: requesting to split one lot into two lots for residential houses – Lot 10 Ocean View Court -40003 10011 –David E. Lane. George Shaw approached Mayor and Council. Mr. Shaw stated the applicant has requested to subdivide the parcel into two parcels and this is a RT Zoned piece of property. It has a minimal lot size of 7,000 sq ft with a single family home and this would allow for two single family homes and meets all the criteria of the City. He stated Staff has recommended approval as did the Planning Commission. Mr. Parks stated it was his understanding Mr. Shaw had the authority to grant minor subdivision without it coming before Mayor and Council. Mr. Shaw responded at the advice of the City Attorney, - Page 8 -Item #3. approval of a sub-division should come before Mayor and Council. He said he does have the authority to approve splitting a duplex into two parcels but not a subdivision. Mr. Hughes stated there is a provision that allows the subdivision of conforming lots. He continued that he did recommend Mr. Shaw bring to Mayor and Council for their approval. Mayor pro tem Brown stated the petitioner has the required square footage related to the RT Zone and his concern is the location of the DNR jurisdiction line. His concern is that the owner is not aware of the potential restriction line. Mr. Shaw stated DNR has changed their method of locating the jurisdiction line in January of 2020and it is roughly 25’ from the landward toe of the dune. He continued the petitioner is present if there are questions. Monty Parks made a motion to approve. Barry Brown seconded. Vote was unanimous to approve, 6-0. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License Special Events Application: Critz Tybee Run Fest, February 5 - 7, 2021, Tybrisa, 16th Street Lot and 15th Street. George Shaw addressed the event application stating this is a recurring special event that normally would not be considered by Mayor and Council as it can be approved at the Staff level. Mr. Shaw stated due to COVID, he wanted Mayor and Council to be aware of the application. The applicant has laid out all the special procedures they are going to adhere to and have run successful events during the pandemic. Mayor Sessions stated the Critz event has been on the Island for many years and questioned the absence of Dale Critz name. Mark Simmons, VP YMCA, and Gina Casagrande, VP YMCA, approached Mayor and Council. Mr. Simmons stated in 2019, Mr. Critz contacted the YMCA and was looking to see what organization would be best to benefit from the event. Mr. Critz asked the YMCA to take on the role of conducting the race. Critz will remain the major sponsor of the event and the beneficiary will be the YMCA. Mayor Sessions asked if there could be a virtual race. Mr. Simmons responded this is under consideration. Mr. Branigin expressed his concerns with the social distancing aspect of the race. Gina Casagrande responded they have a professional company that is planning the race and have proposed a staggered start of the race to include the wearing of masks. Mr. Parks stated Mayor Johnson of Savannah extended his “no permits for special events through February 2021” and he follows his recommendation. He would like to see events come back to Tybee but the signs of COVID are not good. Ms. Casagrande agrees and the YMCA is at a crossroads with this event. Mr. Simmons suggested moving the event until spring. Mayor Sessions responded Mayor and Council appreciate their responsible actions. Mr. Branigin expressed his concerns and would approve conditionally as if the restrictions are still in place, the permit will be pulled. Mayor Sessions expressed her concerns with the event to include food and water. Mr. Simmons recommended moving the event to a later date, preferably in the fall. Barry Brown made a motion to defer action on the application until appropriate date after pandemic is lifted and resubmit the application. Spec Hosti seconded. Vote was unanimous to approve, 6-0. Agenda Request: Alcohol License request-Special Event, Beer and Wine-Critz Tybee Run Fest, February 5-7, 2021. NO ACTION TAKEN Coastal Amateur Radio Society, Field Activity, January 30-31, 2021, Memorial Park/Pavilion. Ann Miller approached Mayor and Council to respond to any questions. Ms. Miller stated she is asking for the same permit as last year. Ham radios are very important in the event of an emergency. Ms. Miller invited Mayor and Council as well as the public to attend. Monty Parks made a motion to approve. Spec Hosti seconded. Vote was unanimous to approve, 6-0. - Page 9 -Item #3. Agenda Request: Information for consideration of Alcohol and Entertainment License renewals for calendar year 2021. John Branigin, Spec Hosti and Jay Burke recused. Mr. Hughes stated in the past this has been considered on the Consent Agenda but in light of the recusals, Mayor and Council are unable to do this. He explained the recusal of Council members Branigin, Hosti and Burke. As an applicant, Council members Branigin and Hosti can address Mayor and Council if there are questions as they have a right. Mr. Hughes stated the first category, the Cockspur is on that list and he recommended this applicant be dealt with separately. All others can be dealt with one motion. Mr. Parks stated he does not have issues and as there is a Noise Ordinance in place and Code Enforcement Officers which will address any issues. He stated he has no issues with any applicants. Mr. Hughes confirmed. Mayor pro tem Brown stated he did speak with Council members Branigin and Hosti and they confirmed their hours of operation and music would not continue past closing which is 11:00PM. Mayor Sessions stated the biggest complaint she receives is late music in residential areas. Ms. DeVetter stated she is not in favor of grouping the approval together as she is not aware of entertainment restrictions. Mayor Sessions shared her concerns the applications were not included in the packet. Mr. Branigin approached Mayor and Council to confirm entertainment would end no later than 10:00PM. They are committed to acoustic music and not full bands. Ms. DeVetter asked if approval is needed tonight. Mr. Hughes stated they must be approved prior to January 1, 2021 and this being the only meeting in December, yes they would need to be approved tonight. Mr. Hughes further explained the process for suspending/revoking a license. After a lengthy discussion, Mr. Parks recommended this not be sent to the Alcohol Work Group but rather Mayor and Council need to do this in a separate meeting. Nancy DeVetter made a motion to approve. Monty Parks seconded. The vote was unanimous, 3-0. Barry Brown made a motion to waive fees for the American Legion. Monty Parks seconded. The vote was unanimous to approve, 3- 0. Mr. Hughes recommended approval of the applications on the continuing pages as they do not have entertainment applications. Nancy DeVetter made a motion to approve those applications on pages 83-85 as outlined in the packet. Monty Parks seconded. Vote was unanimous 3-0. John Branigin, Spec Hosti and Jay Burke returned to the meeting. Mayor Sessions asked Mr. Hughes to let Council members Branigin and Hosti the outcome of the vote. Mr. Hughes stated the application was approved with the understanding the hours and nature of the music reflected on the application is the way business is conducted. Consideration of Bids, Contracts, Agreements and Expenditures Approval to increase the yearly decal cost. Currently Tybee residents get a $100 discount on golf car decals if they show us a vehicle registration with a valid Tybee address (county 3 district 3). With the yearly decal cost increase to $200 Jan. 1, 2021, that would make the golf cart decal $100 ($200, -$100 discount). Dr. Gillen stated Mayor and Council voted to raise the annual fee from $150.00 to $200.00. This is for non-Tybee residents. In regards to decals for golf carts, residents receive a discount on the price of a decal for the golf cart if you have a vehicle that is registered on Tybee. The cost of the decal is $50.00. He is asking Mayor and Council for recommendations to the discount of the golf cart decal. Mayor pro tem Brown stated he does not feel residents need to pay for a decal for their golf carts. Spec Hosti made a motion that Tybee Island residents receive a complimentary parking decal for their golf carts. Barry Brown seconded. Voting in favor were Jay Burke, Monty Parks, John Branigin, Barry Brown and Spec Hosti. Voting against was Nancy DeVetter. Vote was 5-1 to approve. - Page 10 -Item #3. Approval for Additional Personnel for City Recycling Program. Dr. Gillen stated the program is growing rapidly and was never meant to be a revenue stream. There are currently two staff members dedicated to the program as the program is so successful. The first year of operation there was over 200,000 pounds of recyclables. Mr. Gulbronson approached Mayor and Council. He explained the savings and will bring back quarterly savings to Mayor and Council. The additional personnel with benefits would be approximately $42,000 annually. Mr. Burke expressed his concerns with the condition of the trailers. Mr. Parks reminded Mayor and Council when the trailers were purchased, they did not purchase new trailers as they did not want to spend the money on something new if the project was not successful. Spec Hosti made a motion to approve the additional employee. John Branigin seconded. Voting in favor were Monty Parks, John Branigin, Barry Brown, Spec Hosti and Nancy DeVetter. Voting against was Jay Burke. Vote was 5-1 to approve. Consideration of Ordinances, Resolutions Second Reading: 2020-24, Sec 3-190 (H), Water Restriction. Mr. Hughes stated at first reading it was approved eliminating the refill so it only applies to the initial fill of pools. Mr. Hosti expressed his concerns with not having a plan if there becomes a water shortage. Mr. Parks recommended moving forward with a plan for a deep well. Mr. Shaw stated the only reason the change from refills to new pools as Staff will know when the new ones will be completed and filled. With the new pools there will be enforcement. The resident will need to schedule a final inspection with Staff and show a receipt for the water from an off Island source. Ms. DeVetter stated we have an obligation to protect our environment and we need what we need to do to minimize our impact on the environment. Mr. Parks stated he spoke to a vendor as to the cost of filling a pool and it was extremely reasonable. Monty Parks made a motion to approve. Barry Brown seconded. Voting in favor were Monty Parks, Barry Brown, Nancy DeVetter. Voting against were Spec Hosti, John Branigin and Jay Burke. Voting in the affirmative was Shirley Session. Vote was 4-3 to approve. Mayor Sessions stated she is happy to hear the discussions regarding conservation Council, Officials and City Attorney Considerations and Comments Bubba Hughes: Animal Control: Leash Law for Discussion of possible changes. Mr. Hughes stated the Public Safety Committee is looking into the issue of practice of the language of the ordinance that provides that a dog on the owner’s property who is not restrained is a violation of the ordinance. At the meeting there were discussions regarding revisions which would be taken to Mayor and Council for consideration. Mr. Parks would like to see ordinances from other cities. Mr. Hughes confirmed. Dr. Gillen stated the essence of what the Public Safety Committee is trying to do, for example, having you dog on your porch which is a violation of the ordinance as it is very strict. Until further research, Code Enforcement Officers are not issuing tickets and the tickets that have been written were changed to warnings. Mayor pro tem Brown recommended clarification of the terms property/yard/right of way. Dr. Gillen responded that he been discussed and he is working with the City Attorney for clarification. Ms. DeVetter asked in the future, the ordinance be included in the packet. Dr. Gillen confirmed. NO ACTION TAKEN Nancy DeVetter approached Mayor and Council for a Discussion of Recommendations of STVR Work Group. Ms. DeVetter stated she is in favor of the recommendations and feels there needs to be discussion prior to it coming before Mayor and Council for first reading. Mr. Parks stated there are reasonable recommendations with the exception of asking for the property identification number on the street. Mr. Shaw stated in working with Host Compliance, the posting of the property identification number will not work. There will be new identifications numbers and Staff is proposing the numbers go only with on-line advertising and not be on a local sign. The City will be using the address and not the identification number. Mr. Parks - Page 11 -Item #3. recommended a discussion regarding the regulatory fee be discussed at another time. Ms. DeVetter confirmed. There was a brief discussion regarding the registration form that needs to be completed for Host Compliance. Mr. Burke asked Ms. DeVetter if all the STVR’s could be inspected by the fire department as to safety. Mr. Hughes stated the Working Group discussed this and their recommendation did not include occupancy limit. He expressed his concerns with inspection. Ms. DeVetter asked as to enforcement of non-compliance. Dr. Gillen responded would come under the Disorderly Household Ordinance and would have the three strike instance. Mayor pro tem Brown asked Mr. Hughes if items could be added to the registration form so the applicant will know what is required of them, such as an Affidavit. Mr. Hughes confirmed and recommended reviewing Mr. Bishop’s report as well as the Ordinance (as included in the packet before them this evening). Mr. Parks asked Dr. Gillen if he needed anything from Mayor and Council to have the form changed with Host Compliance. Dr. Gillen stated no. Ms. DeVetter stated she would like a copy of Mr. Bishop’s recommendations. Mayor Sessions thanked Council for their discussion this evening. Ms. DeVetter recommended having first reading of a proposed ordinance and then separate discussions on major issues regarding STVR’s. NO ACTION TAKEN Spec Hosti: Lighting for Memorial Park. Mr. Hosti stated he previously had asked for lighting in Memorial Park for the soccer teams and it was determined permanent lights could not be done due to current installation of wiring. He is recommending mobile lights that could be moved around. He stated it would be approximately $16,000 and is asking Mayor and Council to approve. Dr. Gillen stated this was not budgeted for as all capital spending was suspended last year. If Mayor and Council would like to move forward with this he will do a budget amendment. This will be for four portable lighting units which can be used in other areas when the soccer season is over. Jay Burke made a motion to approve. Spec Hosti seconded. Vote was unanimous to approve, 6-0. Shawn Gillen approached Mayor and Council to present a Recommended Plan for Trash on the Beach. Dr. Gillen stated he did put a memorandum in the packet before them this evening describing the process to date. It is the intent to move trash cans to the landward side of the beach and with this he collected data. Dr. Gillen then did a short slide presentation showing recommendations for the placement of trash cans. His recommendation is to follow-up this coming season with the same methodology that was used with better enforcement, a better presence of Code Enforcement on the beach and better placement of cans. Ms. DeVetter confirmed this applies just to the mid-Island area. Dr. Gillen confirmed. Mr. Burke expressed his concerns with visitors not placing trash in proper receptacles. He appreciates the thought of no trash cans on the beach but he feels there needs to be trash cans in the high volume areas of the beach. Mayor Sessions thanked Dr. Gillen for his presentation. NO ACTION TAKEN Shawn Gillen approached Mayor and Council regarding Employee Evaluation and Merit Pay. Dr. Gillen stated he did reach out to Mayor and Council via email outlining merit pay increase as well as employee evaluation. NO ACTION TAKEN Spec Hosti made a motion to adjourn to Executive Session to discussion Litigation, Real Estate and Personnel. Jay Burke seconded. Vote was unanimous to approve, 6-0. Monty Parks made a motion to adjourn to Regular Session. Barry Brown seconded. Vote was unanimous to approve, 6-0. Barry Brown made a motion to adjourn. John Branigin seconded. Vote was unanimous to approve, 6-0. - Page 12 -Item #3. Meeting adjourned at 11:35PM. ______________________________ Janet R. LeViner, MMC Clerk - Page 13 -Item #3. File Attachments for Item: 4. Planning Commission: Marie Gooding - Page 14 -Item #4. - Page 15 -Item #4. - Page 16 -Item #4. - Page 17 -Item #4. - Page 18 -Item #4. - Page 19 -Item #4. - Page 20 -Item #4. File Attachments for Item: 5. Planning Commission: Susan Hill - Page 21 -Item #5. - Page 22 -Item #5. - Page 23 -Item #5. - Page 24 -Item #5. - Page 25 -Item #5. - Page 26 -Item #5. File Attachments for Item: 6. Planning Commission: Charles "Bud" Matlock (Incumbent) - Page 27 -Item #6. - Page 28 -Item #6. - Page 29 -Item #6. - Page 30 -Item #6. - Page 31 -Item #6. - Page 32 -Item #6. File Attachments for Item: 7. Planning Commission: E. Craig Meyer - Page 33 -Item #7. - Page 34 -Item #7. - Page 35 -Item #7. - Page 36 -Item #7. - Page 37 -Item #7. - Page 38 -Item #7. - Page 39 -Item #7. - Page 40 -Item #7. - Page 41 -Item #7. - Page 42 -Item #7. - Page 43 -Item #7. File Attachments for Item: 8. Planning Commission: David McNaughton (Incumbent) - Page 44 -Item #8. - Page 45 -Item #8. David McNaughton 404-697-7699 P.O. Box 587, Tybee Island, Ga., 31328 Current: Multiple-term member, Tybee Island Planning Commission; 12-year member of Chatham County Board of Equalization and current chair of board hearing appeals of commercial property value; owner of handyman services company on Tybee. Education: B.A. journalism, 1970, Ohio State University. B.A. management with a concentration in accounting, early 1980s, Oakland University, Rochester, MI. Currently a student of good standing, Georgia Southern University. Experience: Copy editor, 1970-72, Columbus (Ohio) Citizen-Journal; copy editor, makeup editor, 1972-76, Cincinnati Enquirer; copy editor, assistant Page One editor, business reporter, 1976-1984, The Detroit News; senior business writer, Business Monday editor, The Hartford Courant, 1984-87; assistant business editor, reporter, editorial writer, 1987-2007, the Atlanta Journal-Constitution. Other: Former City Council candidate; current sponsor of effort to win Georgia Scenic Byways designation for Tybee Road and adjoining section of US 80. - Page 46 -Item #8. File Attachments for Item: 9. Ethics Commission: Lee Cheek - Page 47 -Item #9. - Page 48 -Item #9. - Page 49 -Item #9. Biography Dr. H. Lee Cheek, Jr., is Professor of Political Science and Director of the Correll Honors Program at East Georgia State College. He received his bachelor's degree from Western Carolina University, his M.Div. from Duke University, his M.P.A. from Western Carolina University, and his Ph.D. from The Catholic University of America. He previously served as Dean of the School of Humanities and Social Sciences at East Georgia State College; Dean of the School of Social Sciences at the University of North Georgia; as Associate Vice President for Academic Affairs at Athens State University in Alabama; and Vice- President for College Advancement and Professor of Political Science at Brewton-Parker College in Mt. Vernon, Georgia. Dr. Cheek taught at Brewton-Parker College from 1997-2000 and from 2005-2009. In 2000, 2006, and 2007, the student body of Brewton-Parker College selected Cheek as Professor of the Year; and, in 2008, the Jordon Excellence in Teaching was bestowed upon him by the College's faculty and administration. From 2000 to 2005, Dr. Cheek served as Associate Professor of Political Science at Lee University. In 2002, Dr. Cheek was given Lee University’s Excellence in Scholarship award; and in 2004, he received Lee University's Excellence in Advising award. In 2008, Western Carolina University presented Dr. Cheek with the University's Distinguished Alumni Award for Academic and Professional Achievement. Pi Gamma Mu, the International Honor Society in the Social Sciences, bestowed upon Dr. Cheek the society's Outstanding Alumni Award in 2017. In 2020, the Georgia Political Science Association conferred the James T. LaPlant Award for excellent in teaching and mentoring in political science upon Dr. Cheek. He has been a congressional aide and a political consultant. Dr. Cheek's books include Political Philosophy and Cultural Renewal (Transaction/Rutgers, 2001; reprinted, Routledge, 2018 [with Kathy B. Cheek]); Calhoun and Popular Rule, published by the University of Missouri Press (2001; paper edition, 2004); Calhoun: Selected Speeches and Writings (Regnery, 2003); Order and Legitimacy (Transaction/Rutgers, 2004; reprinted, Routledge, 2017); an edition of Calhoun's A Disquisition on Government (St. Augustine's, 2007; reprinted, 2016); a critical edition of W. H. Mallock's The Limits of Pure Democracy (Transaction/Rutgers, 2007; reprinted, Routledge, 2017); Confronting Modernity: Towards a Theology of Ministry in the Wesleyan Tradition (Wesley Studies Society, 2010 [five printings to date]); an edition of the classic study, A Theory of Public Opinion (Transaction/Rutgers, 2013; reprinted, Routledge, 2017); Patrick-Henry Onslow Debate: Liberty and Republicanism in American Political Thought (Lexington, 2013); and, The Founding of the American Republic (Notre Dame University Press, 2022 [forthcoming]). He has also published dozens of scholarly articles in academic publications, and is a regular commentator on American politics and religion. Dr. Cheek’s current research includes completing an intellectual biography of Francis Graham Wilson (I.S.I. Books), and a book on Patrick Henry's constitutionalism and political theory. He currently serves on the editorial boards of Humanitas, The Political Science Reviewer, VoegelinView, Anamnesis, and The University Bookman, Studies in Burke, as a Senior Fellow of the Alexander Hamilton Institute, and as a Fellow of the Academy of Philosophy and Letters (elected). Cheek has been a Fellow of the Wilbur Foundation, the Horowitz Foundation for Social Policy, the Earhart Foundation, the Center for Judicial Studies, and the Center for International Media Studies. He is a senior minister in the United Methodist Church, and a former U.S Army chaplain. Dr. Cheek lives on Tybee Island, Georgia, with his wife, Kathy B. Cheek, a teacher of dance and yoga, and their cat, Gina. - Page 50 -Item #9. Contact Information Work: Professor of Political Science East Georgia State College 131 College Circle Swainsboro, GA 30401 (478) 289-2048 (direct)/(912) 423-1880 (personal cell) Email: lcheek@ega.edu Website: www.drleecheek.net - Page 51 -Item #9. CURRICULUM VITAE H. LEE CHEEK, JR. Work: Home: Professor of Political Science and Dean Emeritus P. O. Box 23 School of Humanities and Social Sciences Tybee Island, GA 31328 East Georgia State College (912) 423-1880 131 College Circle, Swainsboro, GA 30401 (478) 289-2048 (direct) Email: lcheek@ega.edu www.drleecheek.net Blog: http://drleecheek.blogspot.com/ Education: Ph.D., Politics, The Catholic University of America, 1998. M.P.A., Western Carolina University, 1988. Concentration in organizational theory and public budgeting Thesis: "The Range of Services Among Public and Private Hospitals in North Carolina" Advanced studies, Christian Albrechts Universtät, Kiel, Germany, 1987. Concentration in international politics and European political systems M.Div., Duke University, 1986; with additional study, 1992-1994. B.A., Western Carolina University, 1983. Double major in political science and history Occupational Experience: Professor (Full), Political Science and History; Dean Emeritus, School of Humanities and Social Sciences; and, Director, Correll Scholars Program, East Georgia State College, Swainsboro, GA, January 2019 to present. o Serves as senior teaching political scientist on faculty. o Teaches four classes each semester. o Teaches Correll Scholars Program course sequence (two courses) each semester. o Founder and Director, Correll Scholars Program (honor college), 2014-present. o Mentors and advises forty Correll Scholars Program students each academic year. o Member, SACSCOC Educational Program/Distance Learning reaffirmation committee. o Member, Regents Advisory Committee on Political Science, University System of Georgia. o Member, Regents Advisory Committee on Honors, University System of Georgia. - Page 52 -Item #9. H. Lee Cheek, Jr., Ph.D. 2 o Member, Senior Staff Meeting assembly. o Works representative registration and orientation events. o Member, International Alumni Council, Pi Gammu Mu International Social Sciences Society, 2017-present. Dean, School of Humanities and Social Sciences; Director, Correll Scholars Program; and, Professor of Political Science and History, East Georgia State College, Swainsboro, GA, July 2013-to 31 December 2018. Dean, School of Social Sciences, and Professor of Political Science and Religion, University of North Georgia (Gainesville State College), Gainesville, GA, July 2011 to July 2013. Associate Vice President for Academic Affairs, and Professor of Political Science and Religion, Athens State University, Athens, AL, December 2009-June 2011. Vice President of College Advancement and Mary Powell Sikes Professor of Political Science and Philosophy, Brewton-Parker College, Mt. Vernon, GA, June 2005-December 2009 (with additional advancement duties from 2008-2009). Associate Professor, Political Science, Lee University, Cleveland, TN, June 2000-June 2005. Interim Chair, Division of Social and Behavioral Sciences, and Assistant Professor of Political Science and Philosophy, Brewton-Parker College, Mt. Vernon, GA, May-June 2000. Assistant Professor of Political Science, Brewton-Parker College, Mt. Vernon, GA, June 1997- June 2000. Political Science Instructor, Humanities Division, Rockingham Community College, Wentworth, NC, November 1996-May 1997. Previous Positions o Director, Institutional Self Study for the Southern Association of Colleges and Schools reaccreditation, Brewton-Parker College, 1998-2000. o Director of Institutional Research, Brewton-Parker College, Mt. Vernon, GA, September 1997-August 1999. o Director, The Washington Practicum, The Catholic University of America, June 1990- August 1991. o Assistant Director, International Media Studies Program, The Catholic University of America, 1990-1992. o Editor, Humanitas, National Humanities Institute, 1988-May 1992. o Program Coordinator, Mayor's Youth Leadership Institute, District of Columbia, Summer 1990. o Visiting Fellow, Center for Judicial Studies, Summer 1989. o Visiting Instructor, Department of Political Science and Public Affairs, Western Carolina University, Summer 1988. o Research Assistant, North Carolina Center for Public Policy Research, 1987. o Senior Literary Fellow, Wilbur Foundation, 1984-1985. - Page 53 -Item #9. H. Lee Cheek, Jr., Ph.D. 3 o Staff Assistant to Congressman William Hendon, U.S. House of Representatives, Washington, DC, 1982. Teaching Areas o American Government o Constitutional Law I o Constitutional Law II o American Presidency o Congress and the Legislative Process o Mass Media and American Politics o Campaigns and Elections o Introduction to Public Administration o Public Budgeting o Public Personnel Administration o Introduction to Political Theory o Ancient and Medieval Political Theory o Modern Political Theory o American Political Thought o Comparative Politics of Western Europe o International Law o Senior Seminar o First Year Experience o Ethics in Public Service Sample Publications and Presentations (see www.drleecheek.net for complete listing) Books (partial listing) Recovering the American Founding. South Bend, Indiana: Notre Dame University Press, 2022 (with Aaron Coleman, Sean Busick, and Carey Roberts). The Development of Modern Political Theory. South Bend, Indiana: St. Augustine’s Press, 2021. (with Richard Bishirjian; http://www.seewassim.com/book/about.htm) Patrick Henry-Onslow Debate: Republicanism and Liberty in American Political Thought. Lanham, Maryland: Lexington Books, 2013 (with Carey M. Roberts and Sean R. Busick). (https://rowman.com/ISBN/9780739120781). Wilson, Francis Graham. A Theory of Public Opinion. New Brunswick, New Jersey: Transaction/Rutgers, 2013 (Edited and supplied critical introduction). Reprint, New York, New York: Routledge, 2018. Confronting Modernity: Towards a Theology of Ministry in the Wesleyan Tradition (Lake Junaluska, NC: Wesley Studies Society, 2010; second edition, 2012; third edition, 2013). Calhoun, John C. A Disquisition on Government. South Bend, Indiana: St. Augustine’s Press, 2007; second edition, 2016 (Edited and supplied critical introduction). - Page 54 -Item #9. H. Lee Cheek, Jr., Ph.D. 4 Mallock, W. H. The Limits of Pure Democracy. New Brunswick, New Jersey: Transaction/Rutgers, 2007 (Edited and supplied critical introduction). Reprint, New York, New York: Routledge, 2018. Calhoun and Popular Rule. Paper edition. Columbia, Missouri: University of Missouri Press, July 2004. Order and Legitimacy: The Spanish Political Mind. New Brunswick, New Jersey: Transaction/Rutgers, July 2004 (edited with M. Susan Power, Kathy B. Cheek, and Thomas Metallo). Reprint, New York, New York: Routledge, 2018. Calhoun: Selected Writings and Speeches. Washington, D.C.: Regnery Books, 2003. Calhoun and Popular Rule: The Political Theory of the Disquisition and Discourse. Columbia and London: University of Missouri Press, June 2001. (http://www.umsystem.edu/upress/fall2004/cheek.htm) -Finalist for the Genovese Award, The Historical Society; nominated for the Merle Curti Award in Intellectual History, Organization of American Historians; the D. B. Hardeman Prize, Lyndon Baines Johnson Foundation; the Woodrow Wilson Foundation Award, American Political Science Association; and the V. O. Key Book Award of the Southern Political Science Association. -Selected by the Southern Political Science Association as the subject of a panel discussion, Savannah, Georgia, November 2002. Political Philosophy and Cultural Renewal. New Brunswick, New Jersey: Transaction/Rutgers, 2001 (edited with M. Susan Power and Kathy B. Cheek). Reprint, New York, New York: Routledge, 2019. Referred and Solicited Book Chapters, Articles and Reviews (partial listing) “John Calhoun, American Statesman.” In The Renewal of American Statesmanship, ed. Joseph R. Fornieri. South Bend, Indiana: Notre Dame University Press, 2020. “Bradley Birzer and the Kirk Revival.” In Humanitas, Volume 30, No. 1 and 2 (2017-2018). “Confronting Nihilism: Towards a Political Theory of the Psalms.” In Sojourns in the Western Twilight, ed. Robert Sibley and Janice Reamo. Fermentation Press, Eastern Townships, Quebec, 2016. “Mel Bradford’s Scholarly Legacy at 20.” In Modern Age, Volume 57, No. 2 (2015, with Sean R. Busick). A Review of Corey Robin’s The Reactionary Mind: Conservatism from Edmund Burke to Sarah Palin (New York: Oxford University Press, 2011), in Perspectives on Political Science, Volume Volume 44 (2015). A Review of Ian Crowe’s Patriotism and Public Spirit: Edmund Burke and the Role of the Critic in - Page 55 -Item #9. H. Lee Cheek, Jr., Ph.D. 5 Mid-Eighteenth-Century Britain (Stanford: Stanford University Press, 2012), in Perspectives on Political Science, Volume 43, Issue 4 (2014). “Burke and Liberty Reconsidered.” In Studies in Burke and His Time, Volume 24 (2014). “John C. Calhoun.” In The Encyclopedia of Modern Political Thought, ed. Gregory Claeys. Los Angeles: Congressional Quarterly Press, 2013. “The Role of Existential Openness in the Apology and the Gorgias.” In the Proceedings of the Georgia Political Science Association, 2012. (http://www.gpsanet.org/images/stories/proceedings/cheek_formatted_11-29-2012.pdf) “Faith and Order: Psalm 73 as Political Theory.” In the Journal of the Georgia Philological Association, Volume 2 (2008). “Recovering Moses: The Contribution of Eric Voegelin and Contemporary Political Science.” In Hebraic Political Studies, Volume 1, Number 4 (Summer 2006). “William Richard Davie.” In The Encyclopedia of the American Revolutionary War: A Political, Social, and Military History, eds. Gregory Fremont-Barnes and Richard A. Ryerson. Santa Barbara: ABC-CLIO, 2006. “Recovering Popular Rule: Calhoun, Sectional Conflict, and Modern America.” In Journal of Libertarian Studies, Volume 16, Number 2 (Spring 2002). “Agrarianism and Cultural Renewal.” In The University Bookman, Volume 42, Number 1 (Spring 2002). “Articles of Confederation” and “Daniel Webster.” In the Encyclopedia of American Law, ed. David Schultz. New York: Facts-on-File, Inc., 2002. “A Tenor of Discontent: Calhoun and His Critics.” Telos, Number 118 (March 2001). Five articles in The Encyclopedia of the American Civil War. Santa Barbara and Oxford: ABC-CLIO, 2000. "Friedrich Engels." In Biographical Dictionary of Literary Influences: The Nineteenth Century, 1800-1914, ed. John Powell. Westport, Connecticut: Greenwood Press, 2000. "Aristotle." In The Reader's Guide to the Social Sciences. London: Fitzroy Dearborn, 2000. "Articles of Confederation," "James Iredell," "Luther Martin," and the "Tenth Amendment." In The Supreme Court. Pasadena: Salem Press, 2000. Twenty articles in The Encyclopedia of Religion in American Politics. Oryx Press, 1999. [including anti-Semitism, Deism, natural law, canon law, Pietism, Malcolm X, John Adams, Roger Taney, Francis Asbury, Methodism, Richard Allen, Aaron Wildavsky, Michael Walzer, M. E. Bradford, Harry Jaffa, Russell Kirk, Robert Lewis Dabney, - Page 56 -Item #9. H. Lee Cheek, Jr., Ph.D. 6 Ralph Reed, Divine Right of Kings, and the African Methodist Episcopal Church] "Original Diversity: Bishops Allen, Asbury, and Black Methodism." Methodist History, Volume XXXV, Number 3 (April 1997). "Politicizing Religion." Winston-Salem Journal, March 9, 1996. A review of James H. Cone's Martin and Malcolm and America (New York: Maryknoll Books, 1991), in Religion and Public Life, Volume 29 (New Brunswick, New Jersey: Transaction Publishers, 1995). "Patience Against Exuberance: A Meditation on Psalms 29 and 37." Sacramental Life, Volume 8, Number 5 (January 1995). "A Note on the Platonic and Aristotelian Critique of Democratic Man." International Social Science Review, Volume 66, Number 2 (Spring 1991). "The Range of Services Among Public and Private Hospitals in North Carolina," in Comparing The Performance of For-Profit and Not-For-Profit Hospitals in North Carolina. Raleigh: North Carolina Center for Public Policy Research, 1989 (with Marianne Kersey). "Reclaiming the Environmental High Ground." International Social Science Review, Volume 62, Number 4 (Winter 1989; with Joe Beck). A Review of Article II: A Guide to the North Carolina Legislature (Raleigh: North Carolina Center For Public Policy Research, 1987), in The State, January 1988. "The Problem of Ideology in Contemporary Thought." The Lincoln Review, Volume 8, Number 1 (Fall 1987). "Teaching Assistants: A Maligned Lot." Winston-Salem Journal, July 18, 1987. Conference Papers and Participation Over two hundred papers presented, panels chaired, et al., at the annual meetings of the American Political Science Association, the Southern Political Science Association, the Georgia Political Science Association, the Society of Early Americanists, Georgia Philological Society, the North Carolina Political Science Association, and other professional societies from 1986 until the present. A complete list is available upon request. Fellowships and Grants More than forty grants awarded ($850,000) in recognition of scholarly accomplishments and in support of academic research. A representative sampling is included herewith and a complete list is available upon request. - Page 57 -Item #9. H. Lee Cheek, Jr., Ph.D. 7 Academic Honors o James T. LaPlant Award for Excellence in Teaching and Mentoring in Political Science, Georgia Political Science Association, 2020. o Pi Gammu Mu International Social Sciences Society Outstanding Alumni, 2017. o African American Students of East Georgia State College’s Outstanding Administrative Professional Award, April 2015. o Distinguished Alumni Award for Academic and Professional Achievement, Western Carolina University, 2008. o Jordon Excellence in Teaching Award, Brewton-Parker College, 2008 (college-wide competition; single recipient selected by faculty and administration). o Professor of the Year, Brewton-Parker College 2006-2007 (college-wide competition; single recipient elected by student body). o Professor of the Year, Brewton-Parker College, 2005-2006, (college-wide competition; single recipient elected by student body). o Lee University Excellence in Advising Award, 2004 (university-wide competition; single recipient annually). o University Honors College Faculty, Lee University, 2002-2005. o Lee University Excellence in Scholarship Award, 2002 (university-wide competition; single recipient annually). o Who’s Who in America, 2002. o Who's Who in the World, 2001. o Professor of the Year, Brewton-Parker College 1999-2000 (college-wide competition; single recipient elected by student body). o Phi Kappa Phi Honor Society, 1988. o Who's Who in American Colleges and Universities, 1983. o Pi Gamma Mu International Social Science Honorary Society, 1983. Languages German, Latin, and Albanian. Journal and Manuscript Referee University of Kentucky Press, Continuum Books, Political Science Quarterly, Journal of Social History, Review of Politics, Fides et Historia, Lexington Books, and the University of Missouri Press; Book reviewer, Choice (five reviews per year), History: Review of New Books; and Editorial Advisory Board, Studies in Burke, Political Science Reviewer, Humanitas, Anamnesis, and The University Bookman. Invited Lecturer and Commentator Princeton University, Public Broadcasting Service (“History Detectives,” July 2006), Clemson University, University of Louisville, University of South Carolina, Hamilton College, Concordia University, Western Carolina University, St. George Tucker Society, Crawly Bible Institute, and N.C. Boys State Convention. - Page 58 -Item #9. H. Lee Cheek, Jr., Ph.D. 8 Professional Memberships American Conference of Academic Deans (2005-present); American Political Science Association (1986-present); American Society for Public Administration (1988-present); Conference on Faith and History (1990-present); Eric Voegelin Society; Georgia Political Science Association (Executive Board, 2012-2019); North Carolina Political Science Association (1986-present); Order of St. Luke (1991-present); Society for Albanian Studies (1983-present); Society of Early Americanists (1998-present); and, Southern Political Science Association (1986-present). References (partial listing) Dr. Brett Larson Political Science Program East Georgia State College Swainsboro, GA 30401 (478) 289-2058 Email: blarson@ega.edu Dr. Cindy Skaruppa Vice-President for Enrollment Services Cleveland State University Cleveland, OH 44115 216.687.5353 Email: C.SKARUPPA@csuohio.edu Dr. Gary Gregg Department of Political Science University of Louisville Louisville, KY 40292 (502) 852-3323 Email: ggregg@louisville.edu Dr. Kevin D. McCranie Associate Professor of Strategy and Policy United States Naval War College 686 Cushing Road Newport, RI 02841 (401) 841-2863 Email: kevin.mccranie@usnwc.edu Dr. Ronald Fritze, Dean College of Arts and Sciences Athens State University Athens, AL 35611 (256) 233-6524 Email: ron.fritze@athens.edu - Page 59 -Item #9. File Attachments for Item: 10. Ethics Commission: Trey Conners - Page 60 -Item #10. - Page 61 -Item #10. - Page 62 -Item #10. - Page 63 -Item #10. - Page 64 -Item #10. - Page 65 -Item #10. - Page 66 -Item #10. - Page 67 -Item #10. - Page 68 -Item #10. - Page 69 -Item #10. File Attachments for Item: 11. Ethics Commission: Nancy Frankenhauser - Page 70 -Item #11. - Page 71 -Item #11. File Attachments for Item: 12. Ethics Commission: Michael Pappas (Incumbent) - Page 72 -Item #12. - Page 73 -Item #12. File Attachments for Item: 13. Ethics Commission: Mark Reed (Incumbent) - Page 74 -Item #13. - Page 75 -Item #13. - Page 76 -Item #13. File Attachments for Item: 14. Ethics Commission: Marie Rodriguez - Page 77 -Item #14. - Page 78 -Item #14. File Attachments for Item: 15. Ethics Commission: Frances Kaye Strickland ( Incumbent) - Page 79 -Item #15. - Page 80 -Item #15. File Attachments for Item: 16. Tybee Island Development Authority/Main Street Board of Directors: Beth Martin - Page 81 -Item #16. CANDIDATES FOR APPOINTMENT TO TWO 3-YEAR VOTING SEATS ON TYBEE ISLAND DEVELOPMENT AUTHORITY/MAIN STREET BOARD OF DIRECTORS BETH MARTIN Thank you for considering my application to The Tybee Main Street program. I’ve been a full time Tybee resident since 2003. I’ve also have owned and operated businesses on Tybee since 2010. I have a special event planning background and was a board member of Friends of Oatland for five years and a volunteer firefighter for Tybee for 9 nine years. RESUME 2013 - present Owner manager, Tybean coffee bar 2010-2012 retail shop, Tybee Art Works 2006 -2019 JH Memorial Bicycle Poker run. Organizer MICHAEL FLORES Long time Tybee Island Resident and community volunteer Manager, T.S. Chu Department Store 2020 – Present. Ex-officio (non-voting) board member, Tybee Island Development Authority/Main Street - Page 82 -Item #16. File Attachments for Item: 17. Tybee Island Development Authority/Main Street Board of Directors: Michael Flores - Page 83 -Item #17. CANDIDATES FOR APPOINTMENT TO TWO 3-YEAR VOTING SEATS ON TYBEE ISLAND DEVELOPMENT AUTHORITY/MAIN STREET BOARD OF DIRECTORS BETH MARTIN Thank you for considering my application to The Tybee Main Street program. I’ve been a full time Tybee resident since 2003. I’ve also have owned and operated businesses on Tybee since 2010. I have a special event planning background and was a board member of Friends of Oatland for five years and a volunteer firefighter for Tybee for 9 nine years. RESUME 2013 - present Owner manager, Tybean coffee bar 2010-2012 retail shop, Tybee Art Works 2006 -2019 JH Memorial Bicycle Poker run. Organizer MICHAEL FLORES Long time Tybee Island Resident and community volunteer Manager, T.S. Chu Department Store 2020 – Present. Ex-officio (non-voting) board member, Tybee Island Development Authority/Main Street - Page 84 -Item #17. File Attachments for Item: 20. Award for ITB 2020-757, Mechanical Bar Screen. Funding for this project was in the FY2021 Capital Improvement Program under Account Number 505-4350-54-1400. Total cost is $236,874 from Southern Civil, LLC - Page 85 -Item #20. 1 City of Tybee Island Memorandum To: City of Tybee Island City Council Members From: Pete Gulbronson, City Engineer/Director of Infrastructure Date: December 17, 2020 Re: Award of ITB 2020-757: Mechanical Bar Screen Background The purpose of this project is for the installation of a mechanical bar screen at the Waste Water Treatment Facility. Overview The City opened bids on Tuesday December 15, 2020 at 2:00 P.M. Two (2) bids were received and were opened. The low bid was $236,874 from Southern Civil, LLC. Summary Funding for this project was in the FY2021 Capital Improvement Program under Account Number 505-4350-54-1400. Recommended Next Steps: I would recommend award to the low bidder, Southern Civil, LLC in the amount of $236,874.00. - Page 86 -Item #20. INVITATION TO BID ITB NO. 2020-757 MECHANICAL BAR SCREEN BID DUE: TUESDAY, DECEMBER 15, 2020 at 2:00pm CITY OF TYBEE ISLAND, GEORGIA SHIRLEY SESSIONS, MAYOR BARRY BROWN, MAYOR PRO TEM SPEC HOSTI MONTY PARKS NANCY DEVETTER JOHN BRANIGIN JAY BURKE Document Checklist The following documents are contained in and made a part of this Invitation to Bid, or are required to be submitted with the bid. It is the responsibility of the Bidder to read, complete and sign, where indicated, and return these documents with his/her bid. FAILURE TO DO SO MAY BE CAUSE FOR DISQUALIFICATION OF THE BIDDER INTRODUCTION INSTRUCTIONS TO BIDDERS GENERAL INFORMATION SURETY AND BOND REQUIREMENTS LIQUIDATED DAMAGES ATTACHMENTS: A. SIGNATURE SHEET; B. CONTRACTOR AFFIDAVIT; C. SUBCONTRACTOR AFFIDAVIT; D. SAVE AFFIDAVIT; E. VENDOR INFORMATION; F. DEBARMENT CERTIFICATION G. BID FORM; H. CHECKLIST SEPARATE ATTACHMENTS: 1. PROJECT PLANS 2. SPECIFICATIONS INTRODUCTION Date: 8-28-18 This is an invitation to bid to supply the City of Tybee Island, Georgia with a waste water treatment facility mechanical bar screen. Following is a summation of general specifications: 1. An inclined bar screen shall be installed in the channel as indicated on the drawings. 2. The inclined bar screen shall be front cleaned, back discharge and installed in the existing channel. 3. Must have multiple rakes. 4. Screen shall discharge into a conveyer 5. The bearings and sprockets must not be submerged - Page 87 -Item #20. 6. The tracks at the bottom must have a minimum turning radius of 10 inches to catch the debris underneath 7. The Bar Screen shall have an inclination of 75 degrees 8. Bar Screen will have a scraper to remove wastes from multiple rakes 9. Bar Screen will have HDPE tracks at the bottom and be able to collect trash over a minimum of 1.6 feet on the channel floor 10. Operator shall be able to add or remove length of teeth from back cover 11. The equipment shall have a back cover for inspection with an integrate safety stop and a back cover that does not need to be unbolted 12. Must have a minimum of a 1 year written warranty 13. Chain links will be constructed of 304L stainless steel 14. For easy replacement of the teeth, the length of the rake shall be in 3 or 4 lengths of teeth. Rakes with the possibility of to replace the entire length of teeth is not acceptable 15. Discharge chute material shall be 304L stainless steel with a minimum thickness of 1/8 inches 16. Anchor support frames on the operating floor shall be of type 304L stainless steel 17. Bar rack and base plate shall be of 304L stainless steel Full plans and specifications are under separate attachment. Sealed bids must be received by 2:00pm local time, on Tuesday, December 15, 2020, at which time and place all bids received will be publicly opened and read aloud. The City of Tybee Island reserves the right to reject any or all bids. METHOD OF AWARD: If the City of Tybee Island awards a contract from this ITB, it will be awarded to the responsible bidder with the lowest responsive bid. Bidders must respond completely by filling in all applicable blanks. Signature of bidder indicates understanding and compliance with the terms of this request, the requirements herein, and any subsequent award or contract. All specifications, conditions, and representations made in this ITB will become an integral part of the contract. Nothing contained within this ITB is indicative of intent by the City of Tybee Island to reimburse the bidder, in whole or in part, for any costs associated with preparation, submission, or presentation of bids. Instructions for preparation and submission of a bid are contained in this ITB package. Please note that specific forms for submission of a bid are required. The City of Tybee Island has an equal opportunity purchasing policy to assure all procurement procedures are conducted in a manner that provides maximum open and free competition. The City seeks to ensure that all segments of the business community have access to supplying the goods and services needed by the City. The City provides equal opportunity for all businesses and does not discriminate against any persons or businesses regardless of race, color, religion, age, sex, national origin or handicap. The City is seeking a bid package for service or materials equal to or exceeding specifications set forth on the attached pages. Bidders not meeting these standards will be rejected. The attached specifications become and remain a part of this ITB. All responses, inquiries, or correspondence relating to, or in reference to, this ITB, and all reports, charts, displays, schedules, exhibits and other documentation by the bidders will become the property of the City when received. The City retains the right to use any or all ideas presented in - Page 88 -Item #20. any response to this ITB, whether amended or not. Selection or rejection of the bid does not affect this right. 1. INSTRUCTIONS TO BIDDERS The following instructions provide general and specific information for use in submitting a bid to supply the City of Tybee Island with equipment, supplies, and/or services as described herein. All ITBs are governed by the Code of the City of Tybee Island, Georgia, 15-2015 Sec 1, Art VII, Procurement, Sec 2-400, and the laws of the State of Georgia. Bidders must carefully review all provisions of, and attachments to, this document prior to submission. Each bid constitutes an offer and cannot be withdrawn except as provided herein. This ITB and any attachments, plans, and/or other related documents can be found on the City’s website at https://www.cityoftybee.org/Bids.aspx. It is incumbent upon the bidder to check the website for additional information and/or addendums. 1.1 How to Prepare Bids: All Bids must be: a. Prepared on the forms enclosed herewith, unless otherwise prescribed, and all documents must be submitted. b. Bids must be signed by the business owner or authorized representative, with all erasures or corrections initialed and dated by the official signing the Bid. ALL SIGNATURE SPACES MUST BE SIGNED. 1.2 How to Submit Bids: One original, and one electronic copy (usb flash drive) must be submitted in a sealed opaque envelope, plainly marked with the ITB number and title, and bidder’s company name, to the office of the address below prior to the time specified. Include all required attachments, which can be found at the end of this document.  Include all requested documents, including required bid bond. See Attachment H  City/County Occupational Tax Certificate Requirement: Contractor must supply a copy of their Occupational Tax Certificate as proof of payment of the occupational tax where their office is located. In addition, if a contract is awarded, contractors that are not located on Tybee Island are required to obtain a Tybee Island contractor registration. Contact Sharon Shaver for additional information, at 912-472-5072, or in person at Tybee Island City Hall 403 Butler Ave, Tybee Island, Ga  All Bids must be hand delivered, mailed, or sent by courier in sufficient time to ensure receipt by the Purchasing Agent on or before the time and date specified above. Include Vendor Name and ITB #2020-757/Mechanical Bar Screen on front of envelope.  Courier or hand deliver bid package to: MELISSA FREEMAN TYBEE ISLAND CITY HALL - Page 89 -Item #20. 403 BUTLER AVE TYBEE ISLAND, GA. 31328  Bids may be submitted via US Mail, but bidders choosing this method should allow at least an additional 24 hours for delivery: MELISSA FREEMAN CITY OF TYBEE ISLAND PO BOX 2749 TYBEE ISLAND, GA. 31328 FAXED OR E-MAILED COPIES WILL NOT BE CONSIDERED. BIDS NOT RECEIVED BY THE TIME AND DATE SPECIFIED WILL NOT BE OPENED. 1.3 How to Submit an Objection: Potential bidders must present any written objection to this ITB at least seven (7) days prior to the bid due date. The objections contemplated may pertain to form and/or substance of the ITB documents. Objections must be made in writing to the Purchasing agent, Melissa Freeman mfreeman@cityoftybee.org. Email subject line: Objection to ITB #2020-757. 1.4 Errors in ITB responses: Bidders are expected to fully inform themselves as to the conditions, requirements, and specifications of this ITB before submitting a bid. Failure to do so will be at the Bidder's own risk. In case of error in extension of prices in bid, the unit price will govern. 1.5 Questions concerning ITB: Questions, inquiries, suggestions, or requests concerning interpretation, clarification or additional information concerning any portion of this ITB must be made by email, sent to the below named individual, who will be the official point of contact for this ITB. Questions must be submitted at least seven days before the bid due date. Mark subject line on e-mail “Questions on ITB 2020-757 Mechanical Bar Screen” POINT OF CONTACT: Peter Gulbronson peter.gulbronson@cityoftybee.org Failure of a Bidder to ask questions, request changes, or submit objections by the dates indicated above shall constitute the Bidder's acceptance of all of the terms, conditions and requirements set forth in this ITB. 1.6 Addendums to ITB: Any changes to the conditions or specifications in this ITB must be in the form of a written addendum to be valid. If the City of Tybee Island issues an addendum to this ITB, it will be posted by the Purchasing Agent on the City’s website. The issuance of a written addendum by the Purchasing Agent is the only official method - Page 90 -Item #20. by which interpretation, clarification or additional information will be given. The City of Tybee Island will not be responsible for any oral representation given by any employee, representative or others. Bidder must acknowledge each addendum in the bid. It is solely your responsibility as a bidder to ensure that you have received all addenda and incorporated the changes into your bid response before submission. Unless otherwise specified in an addendum, the due date and time remains as listed above. Signed addendum(s) must be included in response package. 2 GENERAL INFORMATION 2.1 Specifications: Any obvious error or omission in specifications will not inure to the benefit of the bidder but will put the bidder on notice to inquire of or identify the same from the City of Tybee Island. Whenever herein mention is made of any article, material or workmanship to be in accordance with laws, ordinances, building codes, underwriter's codes, A.S.T.M. regulations or similar expressions, the requirements of these laws, ordinances, etc., will be construed to be the minimum requirements of these specifications. 2.2 Standards for Acceptance of Bid for Contract Award: City of Tybee Island reserves the right to reject any or all bids and to waive any irregularities or technicalities in bids received whenever such rejection or waiver is in the best interest of City of Tybee Island. City of Tybee Island reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid from a bidder whom investigation shows is not in a position to perform the contract. 2.3 Bidder: Whenever the term "bidder" is used it will encompass the "person," "business," "supplier," "vendor," or other party submitting a bid (a binding offer) to the City of Tybee Island in such capacity before a contract has been entered into between such party and the City of Tybee Island. 2.4 Responsible / Responsive bidder: Responsible bidder means a person or entity that has the capability in all respects to perform fully and reliably the contract requirements. Responsive bidder means a person or entity that has submitted a bid that conforms in all material respects to the requirements set forth in this ITB. 2.5 Multiple Bids: No Vendor will be allowed to submit more than one (1) bid. 2.6 Compliance with Laws: The bidder will obtain and maintain all licenses, permits, liability insurance, worker's compensation insurance and comply with any and all other standards or regulations required by federal, state, county or city statute, ordinances and rules during the performance of any contract between the contractor and City of Tybee Island. Any such requirement specifically set forth in any contract document between the contractor and City of Tybee Island will be supplementary to this section and not in substitution thereof. 2.7 Contractor: Contractor or subcontractor means any person or business having a contract with City of Tybee Island. The Contractor/Vendor of goods, material, equipment or services certifies that they will follow equal employment opportunity practices in - Page 91 -Item #20. connection with the awarded contract as more fully specified in the contract documents. 2.8 State Licensing Board for General Contractors: If applicable, pursuant to Georgia law, any bidder must be a Georgia licensed General Contractor (Contractor work or activity that is unlimited in scope regarding any residential or commercial projects). 2.9 Security & Immigration Compliance: On 1 July 2007, the Georgia Security and Immigration Compliance Act (SB 529, Section 2) became effective. All contractors and subcontractors entering into a contract or performing work must sign an affidavit that he/she has used the E-Verify System. E-Verify is a no-cost federal employment verification system to insure employment eligibility. No bids will be considered unless a signed E-Verify Affidavit is enclosed with the submittal package. Affidavits are enclosed in this solicitation. You may download M-274 Handbook for Employers at http://www.dol.state.ga.us/spotlight/employment/rules. You may go to http://www.uscis.gov to find the E-Verify information. Systematic Alien Verification for Entitlements (SAVE) Program: O.C.G.A. 50-36-1 required Georgia cities to comply with the federal Systematic Alien Verification for Entitlements (SAVE) Program. SAVE is a federal program used to verify that applicants for certain “public benefits” are legally present in the United States. Contracts with the City are considered “public benefits.” Responders are required to provide the Affidavit Verifying Status for City of Tybee Benefit Application prior to receiving any City contract. The affidavit is included as part of this ITB package. Protection of Resident Workers. City of Tybee Island actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers can hire only persons who can legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of any hiree, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor will establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 2.10 Permitting and Approvals: The contractor that is awarded the contract will be responsible for securing all necessary federal, state and local approvals required for the project. 2.11 Prices to be Firm: Bidder warrants that bid prices, terms and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from bid opening date, unless otherwise stated in the ITB. 2.12 Quality: All materials or supplies used for, or the workmanship employed in, any construction necessary to comply with this bid, will be of the best quality, and adhere to the highest industry standards. 2.13 Guarantee/Warranty: Unless otherwise specified by the City of Tybee Island, the Bidder will unconditionally guarantee the materials and workmanship for one (1) year from completion of the project or delivery of goods. If, within the guarantee period, any defects occur which are due to faulty material and or services, the contractor, at his expense, will repair or adjust the condition, or replace the material, to comply with the contract requirements and applicable standards thereof. These repairs, replacements or adjustments - Page 92 -Item #20. will be made only at such time as will be designated by the City of Tybee Island as being least detrimental to the operation of the City. 2.14 Liability Provisions: Where bidders are required to enter or go onto City of Tybee Island property to take measurements or gather other information in order to prepare the Bid as requested by the City, the bidder will be liable for any injury, damage or loss occasioned by negligence of the bidder, its agent, or any person the bidder has designated to prepare the bid and will indemnify and hold harmless City of Tybee Island from any liability arising there from. The contract document specifies the liability provisions required of the successful bidder in order to be awarded a contract with City of Tybee Island. 2.15 Cancellation of Contract: The contract may be canceled or suspended by City of Tybee Island in whole or in part by written notice of default to the Contractor upon non- performance or violation of contract terms. An award may be made to the next lowest bidder, for articles and/or services specified or they may be purchased on the open market. The defaulting Contractor (or its surety) will be liable to City of Tybee Island for costs to the City of Tybee Island in excess of the defaulted contract prices. See the contract documents for complete requirements. 2.16 Certification of Independent Price Determination: By submission of this bid, the Bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, that in connection with this procurement: a. The prices in this bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; b. 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; and c. 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 of restricting competition. 2.17 Qualification of Business (Responsible Bidder): the Scope of Work, specifications and plans define a responsible Bidder as one who meets, or by the date of the bid acceptance can meet, certifications, all requirements for licensing, insurance, and registrations, or other documentation required. The City has the right to require any or all bidders to submit documentation of the ability to perform, provide, or carry out the service or provide the product requested. The City has the right to disqualify the bid of any bidder as being unresponsive or un-responsible whenever such Bidder cannot document the ability to deliver the requested product or service. 2.18 Insurance Provisions, General: The selected proposer to whom the contract is awarded will be required to procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from, or in connection with, the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance must be included in the bid. a. General Information that must appear on a Certificate of Insurance: i. Name of the Producer (proposer’s insurance Broker/Agent). ii. Companies affording coverage (there may be several). iii. Name and Address of the Insured (this is the Company or Parent of the firm the - Page 93 -Item #20. City is contracting with). iv. A Summary of all current insurance for the insured (includes effective dates of coverage). v. A brief description of the operations to be performed, the specific job to be performed, and contract number. vi. Certificate Holder (Must include the City of Tybee Island as a certificate holder and an additional insured). THE INSURANCE CERTIFICATE IS TO IDENTIFY THE CITY OF TYBEE ISLAND AS A CERTIFICATE HOLDER AND AS AN ADDITIONAL INSURED FOR GENERAL, AUTO, UMBRELLA, AND EXCESS LIABILITY COVERAGES. b. Minimum Limits of Insurance to be maintained for the duration of the contract: i. Commercial General Liability: Provides protection against bodily injury and property damage claims arising from operations of a Contractor. This policy coverage includes premises and operations, use of independent contractors, products/completed operations, personal injury, contractual, broad form property damage, and underground, explosion and collapse hazards. Minimum limits: $2,000,000 bodily injury and property damage per occurrence and annual aggregate. ii. Worker's Compensation and Employer’s Liability: Provides statutory protection against bodily injury, sickness or disease sustained by employees of the Contractor while performing within the scope of their duties. Employer’s Liability coverage is usually included in Worker’s Compensation policies, and insures common law claims of injured employees made in lieu of or in addition to a Worker’s Compensation claim. Minimum limits: $500,000 for each accident, disease policy limit, and disease each employee and Statutory Worker’s Compensation limit. iii. Business Automobile Liability: Coverage insures against liability claims arising out of the Contractor’s use of automobiles. Minimum limit: $2,000,000 combined single limit per accident for bodily injury and property damage. Coverage must be written on an Any Auto basis. THE INSURANCE REQUIREMENTS AND LIMITS STATED HEREIN MAY BE SATISFIED BY A COMBINATION OF PRIMARY, UMBRELLA &/OR EXCESS COVERAGES. c. Special Requirements: i. Extended Reporting Periods: The Contractor must provide the City of Tybee Island with a notice of the election to initiate any Supplemental Extended Reporting Period and the reason(s) for invoking this option. ii. Reporting Provisions: Any failure to comply with reporting provisions of the policies will not affect coverage provided in relation to this request. iii. Cancellation: Each insurance policy that applies to this request must be endorsed to state that it will not be suspended, voided, or canceled, except after thirty (30) days prior to written notice by certified mail, return receipt requested, - Page 94 -Item #20. has been given to the City of Tybee Island. iv. Proof of Insurance: City of Tybee Island must be furnished with certificates of insurance and with original endorsements affecting coverage required by this request. The certificates and endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All certificates of insurance are to be submitted prior to, and approved by, the City of Tybee Island before services are rendered. The Contractor must ensure Certificate of Insurance is updated for the entire term of the City of Tybee Island contract. v. Insurer Acceptability: Insurance is to be placed with an insurer having an A.M. Best’s rating of A and a five (5) year average financial rating of not less than V. If an insurer does not qualify for averaging on a five-year basis, the current total Best’s rating will be used to evaluate insurer acceptability. vi. Lapse in Coverage: A lapse in coverage will constitute grounds for contract termination by the City of Tybee Island Mayor and Council. vii. Deductibles and Self-Insured Retention: Any deductibles or self-insured retention must be declared to, and approved by, the City of Tybee Island. At the option of the City of Tybee Island, either: the insurer will reduce or eliminate such deductibles or self-insured retention as related to the City of Tybee Island, its officials, officers, employees, and volunteers; or the Contractor will procure a bond guaranteeing payment of related suits, losses, claims, and related investigation, claim administration and defense expenses. 2.19 Compliance with Specification - Terms and Conditions: The ITB, Legal Advertisement, General Conditions and Instructions to Bidders, Specifications, Special Conditions, Vendor's Bid, Addendum, and/or any other pertinent documents form a part of the Bid and by reference are made a part hereof. 2.20 Signed Bid Considered Offer: The signed Bid will be considered a binding offer on the part of the Bidder, which offer will be deemed accepted upon approval by the City of Tybee Island Mayor and Council, Purchasing Agent or designee, as may be applicable. In case of a default on the part of the Bidder after such acceptance, the City of Tybee Island may take such action as it deems appropriate, including legal action, for damages or lack of required performance. 2.21 Notice to Proceed: The successful bidder must not commence work under this ITB until a written contract is awarded and a Notice to Proceed is issued by the Purchasing Agent or his designee, or as specified in the Special Conditions. If the successful Bidder does commence any work or deliver items prior to receiving official notification, it does so at its own risk. 2.22 Protest Policy: Any bidder who is aggrieved in connection with the award of a contract may file a protest with the Purchasing Agent. The protest must be submitted in writing no later than 48 hours after the bid opening. Protests must be made in writing to the Purchasing agent, Melissa Freeman at mfreeman@cityoftybee.org, with the subject line Protest: ITB #2020-757, and must include the following information: a. Name, address, email address, and telephone numbers of the protester; b. ITB number; c. Detailed statement of the legal and factual grounds for the protest, including a description of resulting harm to the protester; - Page 95 -Item #20. d. Copies of supporting documents, if any; e. Statement of relief requested; f. All information establishing that the protester is an interested party for the purpose of filing a protest on an award decision; g. All information establishing the timeliness of the protest. 2.23 Payment to Contractors: Instructions for invoicing the City of Tybee Island for products delivered to the City are specified in the contract document. a. Questions regarding payment may be directed to the Accounting Department at 912-472-5024 or City of Tybee Island’s Project Manager as specified in the contract documents. b. Contractors will be paid the agreed upon compensation upon satisfactory delivery of the products or completion of the work as more fully described in the contract document. c. Upon completion of the work or delivery of the products, the Contractor will provide the City of Tybee Island with an affidavit certifying all suppliers, persons or businesses employed by the Contractor for the work performed for the City of Tybee Island have been paid in full. d. City of Tybee Island is a tax-exempt entity. Every contractor, vendor, business or person under contract with City of Tybee Island is required by Georgia law to pay State sales or use taxes for products purchased in Georgia or transported into Georgia and sold to City of Tybee Island by contract. Please consult the State of Georgia, Department of Revenue, Sales and Use Tax Unit in Atlanta (404) 656- 4065 for additional information. 2.24 City’s Rights Concerning Award: The City reserves the right, and sole and complete discretion to waive technicalities and informalities. The City further reserves the right, and sole and complete discretion to reject all bids and any bid that is not responsive or that is over the budget, as amended, or that fails to suit the needs of the City as determined by the City in its sole discretion. In judging whether the Bidder is responsible, the City will consider, but is not limited to consideration of, the following: a. Whether the Bidder or principals are currently ineligible, debarred, suspended, or otherwise excluded from contracting by any state or federal agency, department, or authority; b. Whether the Bidder or principals have been terminated for cause or are currently in default on a public works contract; c. Whether the Bidder can demonstrate a commitment to safety with regard to Workers' Compensation by having an experience Modification Rate (EMR) over the past three years not having exceeded an average of 1.2; and d. Whether the Bidder’s past work provides evidence of an ability to successfully complete public works projects within the established time, quality, or cost, or to comply with the Bidder’s contract obligations. 2.25 Debarred or Suspended Subcontractors: Contractor will not subcontract, and will ensure that no subcontracts are awarded at any tier, to any individual, firm, partnership, joint venture, or any other entity regardless of the form of business organization, that is on - Page 96 -Item #20. the Federal Excluded Parties List System (EPLS) at https://www.epls.gov or the State of Georgia, DOAS, State Purchasing Exclusion listing, or other local government entity. This includes pending litigation or claims with the City or other government entities. Contractor will immediately notify City of Tybee Island in the event any subcontractor is added to a Federal, State or other Government Entity listing after award of the subcontract. 2.26 Cone of Silence: Lobbying of Procurement Evaluation Committee members, City employees, and elected officials regarding this product or service solicitation, Invitation to Bid (ITB) or contract by any member of a proposer’s staff, or those people employed by any legal entity affiliated with an organization that is responding to the solicitation is strictly prohibited. Negative campaigning through the mass media about the current service delivery is strictly prohibited. Such actions will cause render your bid invalid. In order to conduct this procurement transaction in manner that provides full and open competition and meet the Federal Uniform Guidance Requirements to ensures objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statement of work, or invitation for bids or request for proposal must be excluded from competing for this contract. 2.27 Georgia Open Records Act: The responses will become part of the City of Tybee Island’s official files without any obligation on the City of Tybee Island’s part. Ownership of all data, materials and documentation prepared for and submitted to City of Tybee Island in response to a solicitation, regardless of type, will belong exclusively to City of Tybee Island and will be considered a record prepared and maintained or received in the course of operations of a public office or agency and subject to public inspection in accordance with the Georgia Open Records Act, Official Code of Georgia Annotated, Section 50-18- 70, et. Seq., unless otherwise provided by law. It is the responsibility of the Bidder to notify the City of any documents turned over which contain trade secrets or other confidential matters. A Bidder submitting records which the entity or person believes contains trade secrets and that it wishes to keep such records confidential pursuant to O.C.G.A. § 50-19-72(34) will submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia. See also, section 2.27. City of Tybee Island will not be held accountable if material from bids is obtained without the written consent of the bidder by parties other than the City of Tybee Island, at any time during the solicitation and evaluation process. 2.28 Georgia Trade Secret Act of 1990: In the event a Bidder submits trade secret information to the City of Tybee Island, the information must be clearly labeled as a Trade Secret. The City of Tybee Island will maintain the confidentiality of such trade secrets to the extent provided by law. 2.29 Contractor Records: The Georgia Open Records Act is applicable to the records of all contractors and subcontractors under contract with the City of Tybee Island. This applies to those specific contracts currently in effect and those that have been completed or closed for up three (3) years following completion. 2.30 Method of Compensation: The compensation provided for herein will include all claims by the contractor for all costs incurred by the contractor in the conduct of the Project as authorized by the approved Project Compensation Schedule and this amount will be paid to the contractor after receipt of the invoice and approval of the amount by the City of Tybee Island. The City will make payments to the contractor within thirty (30) da ys from - Page 97 -Item #20. the date of receipt of the contractor's acceptable statement on forms prepared by the contractor and approved by the City of Tybee Island. Should the Project begin within any one month, the first invoice will cover the partial period from the beginning date of the Project through the last day of the month (or on a mutually agreeable time) in which it began. The invoices will be submitted each month until the Project is completed. Invoices will be itemized to reflect actual expenses for each individual task; also refer to the requirements concerning changes, delays and termination of work pursuant to provisions of the contract. Each invoice will be accompanied by a summary progress report, which outlines the work accomplished during the billing period and any problems that may be inhibiting the Project execution. The terms of this contract are intended to supersede all provisions of the Georgia Prompt Pay Act. As long as the gross value of completed work is less than 50% of the total contract amount, or if the contractor is not maintaining his construction schedule to the satisfaction of the engineer, the City of Tybee Island will retain 10% of the gross value of the completed work as indicated by the current estimate approved by the engineer acting on behalf of the City of Tybee Island. After the gross value of completed work becomes to or exceed 50% of the total contract amount within a time period satisfactory to the City of Tybee Island, then the total amount to be retained will be reduced to 5% of the gross value of the completed work as indicated by the current estimate approved by the engineer, until all pay items are substantially completed. When all work is completed and time charges have ceased, pending final acceptance and final payment the amount retained will be further reduced at the discretion of the City of Tybee Island. The Contractor may submit a final invoice to the City of Tybee Island for the remaining retainage upon City’s acceptance of the Certificate of Substantial Completion. Final payment constituting the entire unpaid balance due will be paid by the City to the Contractor when work has been fully completed and the contract fully performed, except for the responsibilities of the Contractor which survive final payment. The making of final payment will constitute a waiver of all claims by the City except those arising from unsettled liens, faulty or defective work appearing after substantial completion, failure of the work to comply with the requirements of the Contract Documents, or terms of any warranties required by the Contractor Documents or those items previously made in writing and identified by the City as unsettled at the time of final application for payment. Acceptance of final payment will constitute a waiver of all claims by the Contractor, except those previously made in writing and identified by the Contractor as unsettled at the time of final application for payment. 2.31 Terms of Contract: a) Contract is a one-time contract to follow award of project . b) The contract will provide that the venue for any dispute will be in Chatham County, and Georgia law will control. c) The contract will not contain any obligation for the City to indemnify the other party to the contract or any other entity or person. d) All other terms will be consistent with the ITB and the bid documents submitted, - Page 98 -Item #20. each of which will be incorporated into and made a part of the contract. e) The final terms will be agreed upon by each party, including approval by the Mayor & Council of the City of Tybee Island. 2.32 Audits and Inspections: The contractor and his subcontractors will make available to the City of Tybee Island for examination of all its records with respect to all matters covered by this Contract. It will also permit the City of Tybee Island and/or representatives of the Finance Department to audit, inspect, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Contract. All documents to be audited will be available for inspection between 8am and 5pm in the main offices of the City of Tybee Island or during normal business hours at the offices of the Contractor, as requested by the City of Tybee Island. 2.33 Liquidated Damages: The project is to be completed by April 1, 2021. The City and Contractor recognize that time is of the essence of this Agreement and that the City will suffer financial loss if the work is not completed within the times specified in the contract, plus any extensions thereof allowed. The parties also recognize the damages or loss caused by the failure to complete the work on time is difficult or impossible to accurately estimate, and the parties hereby stipulate that the sum of One Thousand Dollars ($1,000) per day is a reasonable pre-estimate of the probable damages or loss incurred by City for delay in completion of construction. Accordingly, the City and Contractor agree that as liquidated damages for delay, Contractor shall be liable to the City for the sum of One Thousand dollars ($1,000.00) for each day that the work is not completed as specified in the contract and that this amount of liquidated damages is intended to solely provide for damages incurred by the City and not as a penalty to Contractor. 3. SURETY AND BOND REQUIREMENTS: a. Each bid must be accompanied by a Bid Bond, issued by a surety company licensed to do business under the laws of the State of Georgia, and satisfactory to the City of Tybee Island in the amount of five percent (5%) of the total contract amount to ensure the bidder will enter into a contract as per bid. Bidder will forfeit this amount should it be offered a contract by the City and refuse or fail to promptly enter into such contract. b. Bidder shall include in the Bid, evidence of capability of securing a Performance Bond for the full amount of the Bid. Prior to the Agreement being signed, the Contractor shall furnish to the City of Tybee Island a Performance Bond issued by a surety company licensed to do business under the laws of the State of Georgia and satisfactory to the City of Tybee Island in the amount of one-hundred-percent (100%) of the total contract amount to ensure the Contractor’s satisfactory performance. c. Bidder shall also include in the Bid, evidence of capability of securing a Payment Bond for the full amount of the Bid. Also prior to the Agreement being signed, the Contractor shall furnish to the City of Tybee Island a Payment Bond issued by a surety company licensed to do business under the laws of the State of Georgia and satisfactory to the City of Tybee Island in the amount of one-hundred-percent (100%) of the total contract amount to ensure the Contractor’s satisfactory payment of subcontractors and material suppliers. - Page 99 -Item #20. d. The Contractor shall be solely responsible for keeping the surety informed as to the total contract price, significant changes in project scope, and overall progress and completion of project for the entire life of the contract. e. If the surety on the bonds furnished by the Contractor is declared bankrupt or becomes insolvent, or it’s right to do business in the State of Georgia is terminated, the Contractor shall within five (5) calendar days thereafter substitute other bonds and surety acceptable to the City of Tybee Island. If the Contractor does not furnish the replacement bonds to the City of Tybee Island within the five (5) days, the City of Tybee Island may consider the Contractor in material breach of contract and take appropriate actions. - Page 100 -Item #20. ATTACHMENT A CITY OF TYBEE - INSTRUCTIONS TO BIDDER SIGNATURE SHEET The Bidder certifies that he/she has examined all documents contained in this ITB package, and is familiar with all aspects of the ITB and understands fully all that is required of the successful Bidder. The Bidder further certifies that his/her Bid will not be withdrawn for sixty (60) days from the date on which his bid is submitted to the City. The Bidder agrees, if awarded this Contract, he/she will: A. Furnish, upon receipt of an authorized City of Tybee Island Purchase Order, all items indicated thereon as specified in this ITB for the bid amount; or, B. Enter a contract with City of Tybee Island to do and/or furnish everything necessary to provide the service and/or accomplish the work as stated and/or specified in this ITB for the bid amount, and; COMPANY DATE SIGNATURE TITLE TELEPHONE NUMBER MINORITY/FEMALE BUSINESS DEVELOPMENT PROGRAM: City of Tybee Island City Council established goals oriented to increase participation of minority and female owned businesses, through MBE/WBE certification and development. In order to accurately document participation, businesses submitting bids, quotes or proposals are encouraged to report ownership status. A minority or women business is defined as a business that is at least 51% owned and managed by minority or women. A responder that is certified by any agency of the Federal Government or State of Georgia may submit a copy of their certification with their bid as proof of qualifications. Bidder that intends to engage in joint ventures or utilize sub- consultants must submit a report of Minority/Women Business Enterprise participation to Melissa Freeman, P.O. Box 2749, and City of Tybee Island, GA 31328. African-American\Black_____ Asian American_____ Hispanic_____ Native American_____ Alaskan Indian_____ Female_____ - Page 101 -Item #20. ATTACHMENT B CONTRACTOR AFFIDAVIT under O.C.G.A. § 13-10-91(b) (1) By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of CITY OF TYBEE ISLAND has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____ (city), ______ (state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE___ DAY OF _____, 20__. _________________________________ NOTARY PUBLIC My Commission Expires: - Page 102 -Item #20. ATTACHMENT C (Due only if contract is awarded) Subcontractor Affidavit under O.C.G.A. § 13-10-91(b)(3) (Subcontractor Affidavits will be due at time of contract award) By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmativel y that the individual, firm or corporation which is engaged in the physical performance of services under a contract with __________________ (name of contractor) on behalf of __________________________________(name of public employer) has registered with, is authorized to use and uses the federal work authorization program commonl y known as E-Verif y, or an y subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A.§ 13- 10-91(b). Additionall y, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice that a sub- subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five business da ys of receipt, a cop y of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Name of Project Name of Public Employe r I hereb y declare under penalty of perjur y that the foregoing is true and correct. Executed on____________ ____, 20 in city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCR IBED AND SWORN BEFORE ME ON THIS THE DAY OF ,20 . NOTARY PUBLIC My Commission Expires: - Page 103 -Item #20. ATTACHMENT D O.C.G.A. § 50-36-1(e)(2) Affidavit By executing this affidavit under oath, as an applicant for a(n) ____________________ contract for a public benefit as referenced in O.C.G.A. § 50-36-1, from the CITY OF TYBEE ISLAND, Georgia, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) _________ I am a United States citizen. 2) _________ I am a legal permanent resident of the United States. 3) _________ I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is:____________________. The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: _____________________________________________________________________. In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit will be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in ___________________ (city), __________________(state). _________________________________ Signature of Applicant _________________________________ Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THE ___ DAY OF ___________, 20____ _________________________ NOTARY PUBLIC My Commission Expires: - Page 104 -Item #20. ATTACHMENT E CITY OF TYBEE ISLAND VENDOR INFORMATION Vendor Name: ________________________________________________________________________ Product or Services Provided: __________________________________________________________ Sales Contact Information Contact: ___________________________________ Email: ____________________________________ Phone: _____________________________________ Fax: ______________________________________ Address: _______________________________________________________________________________________ Accounts Receivable Information Contact: ___________________________________ Email: ____________________________________ Phone: _____________________________________ Fax: ______________________________________ Remittance Address: ___________________________________________________________________ Federal Tax Id #: _______________________________________________________________________ Attach Copy of W-9 and Occupational Tax Certificate Provide Copy of Worker’s Comp Coverage when providing any service involving labor on City property. Our terms are net 30 - Page 105 -Item #20. ATTACHMENT F CERTIFICATION REGARDING DEBARMENT INSTRUCTIONS FOR CERTIFICAT ION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION: By signing and submitting this bid, the prospective lower tier participant is providing the signed certification set out below. 1. The certification referred to in this paragraph is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the City of Tybee Island may pursue available remedies, including suspension and/or debarment. 2. The prospective lower tier participant shall provide immediate written notice to the City if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 3. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered participant,” “persons,” “lower tier covered transaction,” “principal,” “bid,” and “voluntarily excluded,” as used in this paragraph, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549, 49 CFR part 29. 4. The prospective lower tier participant agrees by submitting this bid that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City. 5. The prospective lower tier participant further agrees by submitting this bid that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. A participant in a covered transaction may rely upon certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principles. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this paragraph. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. - Page 106 -Item #20. 8. Except for transactions authorized under paragraph 4 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the City may pursue available remedies, including suspension and/or debarment. NAME OF COMPANY: _________________________________________________________ COMPANY TAX ID: ___________________________________________________________ NAME OF AUTHORIZED REPRESENTATIVE: ____________________________________ TITLE OF AUTHORIZED REPRESENTATIVE: _____________________________________ SIGNATURE: _______________________________________ DATE: __________________ - Page 107 -Item #20. ATTACHMENT G BID SHEET ITB 2020-757 MECHANICAL BAR SCREEN Please attach all specifications regarding materials, installation, and warranties to this sheet with your total bid cost below. TOTAL BID including installation, delivery, and contractor fees: $______________ __________________________(Firm) __________________________ (Signature) __________________________ (Title) __________________________ (Date) - Page 108 -Item #20. ATTACHMENT H CHECKLIST FOR SUBMITTING BID Sign below and submit this sheet with your bid NOTE: All of the following items must be submitted with your bid to be considered “responsive”. Remember to follow the Instructions in the ITB Documents. SIGNED ADDENDUMS (IF APPLICABLE) _____ W-9 _____ OCCUPATIONAL TAX CERTIFICATE _____ BID BOND _____ EVIDENCE OF CAPABILTY TO SUPPLY PAYMENT AND PERFORMANCE BONDS _____ COMPLETE AND SUBMIT ALL ATTACHMENTS TO THE BID: A. SIGNATURE SHEET _____ B. CONTRACTOR AFFIDAVIT _____ D. SAVE AFFIDAVIT _____ E. VENDOR INFORMATION _____ F. DEBARMENT CERTIFICATION _____ G. BID SHEET _____ H. CHECKLIST _____ __________________________________________ NAME/TILE __________________________________________ COMPANY NAME __________________________________________ ADDRESS __________________________________________ CITY/STATE/ZIP __________________________________________ PHONE NUMBER __________________________________________ EMAIL __________________________________________ SIGNATURE __________________________________________ DATE - Page 109 -Item #20. © 2019 Microsoft Corporation © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS © 2019 HERE © 2019 Microsoft Corporation © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS © 2019 HERE REVISION HISTORYSUBMITTAL HISTORYJ-28051.0000 9-18-20 WASTEWATER TREATMENT FACILITY MECHCANICAL BAR SCREENKnow what'sbelow.before you dig.CallRWASTEWATER TREATMENT FACILITYMECHANICAL BAR SCREENTYBEE ISLAND, GAJ-28051.0000VICINITY MAPSCALE: 1" = 600'PREPARED BY:50 Park of Commerce Way Savannah, GA 31405 p.912.234.5300www.thomasandhutton.comPREPARED FOR:CITY OF TYBEE ISLAND403 BUTLER AVENUETYBEE ISLAND, GA 31328Sheet List TableSheet NumberSheet TitleC0COVER SHEETG1.1GENERAL NOTESC1.1VENDOR SUPPLIED PLANS - BY OTHERSC1.2VENDOR SUPPLIED PLANS - BY OTHERSC1.3VENDOR SUPPLIED PLANS - BY OTHERS- Page 110 -Item #20. © 2019 Microsoft Corporation © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS © 2019 HERE 50 Park of Commerce Way Savannah, GA 31405 • 912.234.5300 www.thomasandhutton.comUTILITY NOTES:1.CONTRACTOR SHALL VERIFY THE SIZE, MATERIAL, AND LOCATION, INCLUDING DEPTH, OF ALL EXISTING UTILITIES PRIOR TO BEGINNING CONSTRUCTION.CONTACT THE ONE LOCATE UTILITY PROTECTION NUMBER (811) A MINIMUM OF SEVENTY-TWO (72) HOURS PRIOR TO DIGGING FOR LOCATION OF CITYWATER AND SEWER LINES, AND OTHER UTILITIES. CONTACT ENGINEER IMMEDIATELY WITH ANY DISCREPANCIES.2.CONTRACTOR SHALL COORDINATE CONSTRUCTION ACTIVITIES WITH LOCAL UTILITY COMPANIES. CONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTIONAND ANY NECESSARY REPAIRS TO EXISTING UTILITY LINES.3.ALL UTILITY POLES ADJACENT TO PROPOSED CONSTRUCTION MUST BE SECURED PRIOR TO ANY ADJACENT DISTURBANCE AND THE CONSTRUCTIONPROCEDURE MUST BE ACCEPTED BY THE UTILITY COMPANY.4.THE CONTRACTOR SHALL CONTACT ALL UTILITY COMPANIES BEFORE WORK COMMENCES, VERIFY UTILITIES WITHIN THE PROJECT LIMITS AND NOTIFY THEENGINEER OF CONFLICTS OR VARIANCES TO THE PLANS PRIOR TO BEGINNING WORK OR PURCHASE OF MATERIALS.5.THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DAMAGE TO EXISTING UTILITIES. ANY UTILITIES DAMAGED DURING CONSTRUCTION SHALL BE REPAIREDIMMEDIATELY AT THE EXPENSE OF THE CONTRACTOR.6.CONTRACTOR SHALL REROUTE EXISTING UTILITIES AS NECESSARY TO ALLOW FOR THE PROPOSED WORK. CONTRACTOR SHALL COORDINATE THE RE-ROUTINGWITH THE APPROPRIATE UTILITY COMPANY AS APPLICABLE.7.UTILITY SERVICE TO EXISTING FACILITIES SHALL NOT BE INTERRUPTED DURING CONSTRUCTION. CONTRACTOR SHALL COORDINATE ANY TEMPORARYRELOCATIONS WITH RESPECTIVE OWNERS AND UTILITY PROVIDER.8.DURING INSTALLATION, WHEN PIPE LAYING IS NOT IN PROGRESS, A MECHANICAL JOINT PLUG OR CAP, OR ACCEPTED EQUIVALENT WILL BE USED TO FORM AWATERTIGHT SEAL AT BOTH ENDS OF THE LINE BEING LAID.9.A #12 GAUGE INSULATED SINGLE STRAND COPPER WIRE SHALL BE STRAPPED TO ALL WATER , SEWER AND DRAINAGE PIPES.10.ALL MANHOLE TOPS ARE APPROXIMATE. THE CONTRACTOR SHALL DETERMINE AND SET MANHOLE TOPS RELATIVE TO FINISHED GRADES AS SHOWN ON THEDETAIL.11.ANY DEFECTIVE, DAMAGED, OR UNSOUND PIPE SHALL BE REJECTED. ALL FOREIGN MATTER OR DIRT SHALL BE REMOVED FROM INSIDE OF PIPE BEFORE IT ISLOWERED INTO ITS POSITION IN THE TRENCH AND SHALL BE KEPT CLEAN BY ACCEPTABLE MEANS DURING AND AFTER LAYING. CARE SHALL BE TAKEN TOPREVENT DIRT FROM ENTERING THE JOINT SPACE. AT TIMES WHEN PIPE LAYING IS NOT IN PROGRESS THE ENDS OF THE PIPE SHALL BE CLOSED BY ACCEPTABLEMEANS AND NO TRENCH WATER SHALL BE PERMITTED IN THE PIPE.12.ALL WATER MAIN CONSTRUCTION SHALL BE IN STRICT ACCORDANCE WITH CURRENT SPECIFICATIONS AND REQUIREMENTS.13.MAINTAIN A 10' HORIZONTAL SEPARATION BETWEEN ALL SANITARY SEWERS AND ALL WATER MAINS. WHERE THIS SEPARATION CANNOT BE MAINTAINED, ORWHERE LINES CROSS, PROVIDE A 18" MINIMUM VERTICAL SEPARATION BETWEEN THE OUTSIDE OF THE PIPES. IF THESE REQUIREMENTS CANNOT BE MET,PROPOSED WATERLINE WILL BE CONSTRUCTED OF DUCTILE IRON PIPE UNTIL REQUIREMENTS ARE MET.14.ALL STORM DRAIN JOINTS ARE TO BE WRAPPED IN FILTER FABRIC.15.UPON COMPLETION OF CONSTRUCTION, IT SHALL BE THE OWNER'S RESPONSIBILITY TO MAINTAIN ALL WATER, SEWER AND DRAINAGE INFRASTRUCTURE WITHINTHE PROPERTY LIMITS.NO TOPOGRAPHIC INFORMATION WAS USED FOR THIS PROJECT.1.THE CONTRACTOR SHALL GRASS ALL AREAS DISTURBED BY CONSTRUCTION IMMEDIATELY AFTER THE DISTURBANCE.2.THE CONTRACTOR SHALL PROTECT AND SAVE ALL SPECIMEN TREES AND/OR ANY TREE DESIGNATED ON THE PLANS OR BY THE OWNER. CONTRACTORTO PROTECT AND SAVE TREES BY INSTALLING TREE SAVE FENCE PER THE DETAIL.3.THE CONTRACTOR WILL NOTIFY THE ENGINEER IF UNSUITABLE MATERIAL IS DISCOVERED PRIOR TO BEGINNING ANY REMOVAL OPERATION.4.CONTRACTOR IS RESPONSIBLE FOR ALL NECESSARY BRACING, SHEETING AND DEWATERING TO COMPLETE THE PROJECT, PROTECT THE CONSTRUCTIONWORKERS AND ALL ADJACENT STRUCTURES, TREES, LANDSCAPING, AND IS RESPONSIBLE FOR ALL REPAIR AND COST TO RETURN AREA TO ORIGINALCONDITION.5.CONTROL OF STORMWATER THROUGHOUT THE CONSTRUCTION PERIOD, SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. THE EXISTING DRAINAGECONVEYANCES SHALL BE MAINTAINED THROUGHOUT THE CONSTRUCTION PERIOD. ALL PENALTIES, CLAIMS AND FEES IMPOSED ON THE OWNER AS ARESULT OF DAMAGE CAUSED BY ACTIONS OF THE CONTRACTOR, THEIR EMPLOYEES OR SUBCONTRACTORS SHALL BE BORNE IN FULL BY THECONTRACTOR.6.ALL SUITABLE MATERIAL EXCAVATED DURING UTILITY CONSTRUCTION SHALL BE USED ON SITE. ANY EXCESS MATERIAL SUITABLE OR UNSUITABLE SHALL BEDISPOSED OF OFF-SITE AT THE CONTRACTOR'S EXPENSE.7.IT IS THE OBLIGATION OF THE CONTRACTOR TO MAKE THEIR OWN INTERPRETATION OF ALL SURFACE AND SUBSURFACE DATA AVAILABLE AS TO THENATURE AND EXTENT OF THE MATERIALS TO BE EXCAVATED, WASTED, GRADED, AND COMPACTED. THE INFORMATION SHOWN ON THESE PLANS IN NOWAY GUARANTEES THE AMOUNT OR NATURE OF THE MATERIAL TO BE ENCOUNTERED.8.THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL TRAFFIC CONTROL DEVICES AND MEASURES AS NECESSARY TO MEET THE REQUIREMENTS OF THEGEORGIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (GAMUTCD). CONTRACTOR SHALL SUBMIT A TRAFFIC CONTROL PLAN TO OWNER FORREVIEW AND ACCEPTANCE PRIOR TO STARTING CONSTRUCTION.9.ALL WORK SHALL CONFORM TO APPLICABLE STATE, COUNTY AND MUNICIPAL REQUIREMENTS AND CODES.10.THE CONTRACTOR SHALL COORDINATE DEMOLITION AND IMPROVEMENTS TO MINIMIZE TRAFFIC INTERFERENCE AND OPERATIONS OF FACILITIES.11.ALL CONSTRUCTION DEBRIS SHALL BE REMOVED FROM THE SITE AND DISPOSED OF IN AN ACCEPTABLE WASTE DISPOSAL AREA. THE CONTRACTORSHALL BE RESPONSIBLE FOR DISPOSAL OF ALL CONSTRUCTION DEBRIS.12.THE CONTRACTOR SHALL NOT BEGIN CONSTRUCTION UNTIL THE PROPER PERMITS HAVE BEEN ISSUED.13.TREE PROTECTION BARRICADES, IF REQUIRED, SHALL BE INSTALLED PRIOR TO ANY CLEARING ACTIVITY AND MAINTAINED UNTIL INSTRUCTED BY THEOWNER OR ENGINEER TO REMOVE THEM.14.ALL SIGNS, MAIL BOXES, SHRUBBERY, FENCES, LANDSCAPING OR EXISTING STRUCTURES INTERFERING WITH CONSTRUCTION SHALL BE REMOVED ANDREPLACED BY THE CONTRACTOR AT THE CONTRACTOR'S EXPENSE.15."AS-BUILT" DRAWINGS AND RECORD SURVEY SHALL BE PROVIDED BY THE CONTRACTOR AND MUST BE PERFORMED AND SIGNED BY A REGISTERED LANDSURVEYOR. THE CONTRACTOR SHALL PROVIDE A SET OF "MARKED UP" AS BUILT DRAWINGS AS WELL AS A CD CONTAINING THE AS BUILT INFORMATIONIN ELECTRONIC FORM. AT A MINIMUM THE AS BUILT INFORMATION SHALL INCLUDE SURVEYED MANHOLE LOCATIONS, FRAME AND INVERT ELEVATIONS.THE FOLLOWING PUMP STATION AS BUILT INFORMATION SHALL ALSO BE REQUIRED; SURVEYED PUMP STATION WETWELL LOCATION, DIAMETER, FRAME,INVERT, CONTROL LEVELS, BOTTOM ELEVATIONS, VALVE PIT DIMENSIONS AND DEPTH, THE LOCATIONS OF SEWER PIPE, STEEL CASING, RIP-RAP, SLEEVES,PAVING AND GRAVEL REPLACEMENT, STORM SEWER REPLACEMENT AND ALL OTHER CONSTRUCTION INSTALLATIONS. ALL OF THIS SHALL BE FIELDLOCATED AND VERIFIED BY A LAND SURVEYOR REGISTERED IN THE STATE OF GEORGIA. NO SEPARATE MEASUREMENT OR PAYMENT SHALL BE MADE FORRECORD SURVEY OR "AS-BUILT" DRAWINGS. THESE ITEMS SHALL BE CONSIDERED A SUBSIDIARY OBLIGATION OF THE CONTRACT.16.THE DATA, TOGETHER WITH ALL OTHER INFORMATION SHOWN ON THESE PLANS OR IN ANY WAY INDICATED THEREBY, WHETHER BY DRAWING OR NOTES,OR IN ANY OTHER MANNER, ARE BASED UPON FIELD INVESTIGATIONS AND ARE BELIEVED TO BE INDICATIVE OF ACTUAL CONDITIONS. HOWEVER, THESAME ARE SHOWN AS INFORMATION ONLY, ARE NOT GUARANTEED, AND DO NOT BIND THOMAS & HUTTON.17.THE ENGINEER'S WORK AND RESPONSIBILITY TERMINATES FIVE (5) FEET FROM ANY PROPOSED BUILDING SHOWN ON THE PLANS. THEOWNER/ARCHITECT/CONTRACTOR IS RESPONSIBLE FOR COMPLIANCE WITH CODES, REGULATIONS, MANUFACTURER SPECIFICATIONS ANDCONSTRUCTION METHODS RELATED TO THE BUILDING STRUCTURE.18.VEHICLES LEAVING SITE MUST TRAVERSE CONSTRUCTION EXITS TO REMOVE MUD FROM TIRES.19.ALL EXISTING UTILITIES SHOWN ARE APPROXIMATE LOCATIONS. CONTRACTOR IS RESPONSIBLE FOR WRITTEN NOTIFICATION TO ALL RESPECTIVE UTILITYOWNERS FOR FIELD VERIFICATION. CONTRACTOR MUST FIELD VERIFY THE LOCATION AND ELEVATION OF THE EXISTING UTILITIES PRIOR TO ANY WORKONSITE. ALL COSTS ASSOCIATED WITH DAMAGES OR REPAIRS TO AND FINES, PENALTIES OR FEES ASSOCIATE WITH EXISTING UTILITIES, SHALL BE BORNESOLELY BY THE CONTRACTOR.NOTES TO CONTRACTOR:1.CONTRACTOR TO REMOVE THE EXISTING BAR SCREEN AND ALL OTHER ACCESSORIES,INCLUDING CONTROLS, & DISPOSE OF PROPERLY. COORDINATE WITH TYBEE ISLAND WWTF STAFF.2.INSTALL THE NEW SCREEN PER MANUFACTURERS INSTRUCTIONS. ALL ANCHOR BOLTS SHALL BE S.S.THE SIZE AND DIAMETER SHALL BE SUGGESTED BY THE MANUFACTURER.3.INSTALL ALL NEW WATER LEVEL SENSORS, ELECTRICAL WIRING, & CONTROL CABINET PERMANUFACTURERS INSTRUCTIONS.4.PROVIDE WASH FOR SPRAY NOZZLES AS REQUIRED BY THE MANUFACTURER.5.ALL FIELD WORK SHALL BE COORDINATED WITH PLANT OPERATORS AND BAR SCREEN SALESREPRESENTATIVE.6.ALL BAR SCREEN DRAWINGS ARE VENDOR PROVIDED. ANY QUESTIONS SHOULD BE DIRECTED TOSALES REPRESENTATIVE.- Page 111 -Item #20. VENDOR SUPPLIED PLANSSHEET 1- Page 112 -Item #20. VENDOR SUPPLIED PLANSSHEET 2- Page 113 -Item #20. VENDOR SUPPLIED PLANSSHEET 3- Page 114 -Item #20. CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS For THE CITY OF TYBEE ISLAND WASTEWATER TREATMENT FACILITY MECHANICAL BAR SCREEN PREPARED FOR: THE CITY OF TYBEE ISLAND OCTOBER 2020 J – 28051.0000 thomasandhutton.com - Page 115 -Item #20. Page 1 of 1 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\0002 - Contents.doc TABLE OF CONTENTS PAGE NUMBERS CONTRACT DOCUMENTS 00021 Invitation to Bid 00021–1 – 00021–1 00110 Instructions to Bidders 00110–1 – 00110–8 00313 Bid Form 00313–1 – 00313–5 00411 Bid Bond 00411–1 – 00411–2 00506 Standard Form of Agreement Between Owner and Contractor 00506–1 – 00506–7 00611 Performance Bond 00611–1 – 00611–6 00621 Payment Bond 00621–1 – 00621–6 00631 Notice of Award 00631–1 – 00631–2 00641 Notice to Proceed 00641–1 – 00641–2 00700 Standard General Conditions 00700–1 – 00700–42 00710 Special Conditions 00710–1 – 00710–6 00815 Supplementary Conditions 00815–1 – 00815–4 01011 Summary of Work 01011–1 – 01011–2 01025 Measurement and Payment 01025–1 – 01025–2 01300 General Requirements 01300–1 – 01300–9 01400 Quality Control 01400–1 – 01400–3 01702 Contract Closeout 01702–1 – 01702–4 01730 Operation and Maintenance 01730–1 – 01730–5 01740 Warranties 01740–1 – 01740–2 01741 Bonds 01741–1 – 01741–2 TECHNICAL PROVISIONS 11102 Mechanical Bar Screen – Vendor Supplied Specification 11102–1 – 11102–14 - Page 116 -Item #20. 00021–1 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00021 - Tybee Island Invitation.doc DOCUMENT 00021 INVITATION TO BID Legal Notice 1. Sealed proposals for CITY OF TYBEE ISLAND, WASTEWATER TREATMENT FACILITY, Mechanical Bar Screen owned by The City of Tybee Island will be received by the Council Chamber located at 403 Butler Avenue, Tybee Island, Georgia, 31328, until 10:00 AM on _____________, 2020 at which time they will be publicly opened. No bid may be withdrawn after the closing time for the receipt of bids for a period of sixty (60) days. Bid Proposal shall have Utility Contractor License Number written on the outside of the Bid Envelope 2. The project consists of the following generally described work: Installation of one (1) Aqualitec Corp. – Multiple Rake Screen Raketec DI 500 and Washer/Compactor Compactec CC200, piping, electrical connection and other accessories including miscellaneous items as required and as shown on the plans to complete a full operational system. 3. Plans and Specifications are open to inspection or may be obtained from Thomas & Hutton Engineering Co., 50 Park of Commerce Way, Savannah, Georgia, 31405 upon payment of $150.00 for each set (plus shipping charges as applicable). Contact Karen Smulski at (912)234–5300 (Fax 912–234–2950) to receive a complete bid set. The payment is non–refundable. 4. Bids shall be accompanied by a bid bond or certified cashier's check in an amount not less than 10% of the base bid. All bonds shall be by a surety company licensed in Georgia with an "A" minimum rating of performance and a financial strength of at least five (5) times t he contract price as listed in the most current publication of "Best's Key Rating Guide Property Liability". Performance and Payment Bonds, each in an amount equal to 100% of the contract price shall be required of the successful bidder if contract is awa rded. Each Bond shall be accompanied by a "Power of Attorney" authorizing the attorney –in–fact to bind the surety and certified to include the date of the bond. 5. Owner reserves the right to reject any or all Bids, including without limitation, the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. 6. Funding: This project is funded by the City of Tybee Island. 7. A Pre–Bid Conference will be held on ____________, 2020 at 10:00 a.m. in the City Hall Council Meeting Room at the City Administration Building located at 403 Butler Avenue, Tybee Island, Georgia 31328, All prospective bidders encouraged to attend. City Of Tybee Island City Manager - Page 117 -Item #20. 00110–1 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00110 - Instruction to Bidders.DOC DOCUMENT 00110 INSTRUCTIONS TO BIDDERS INTENTION: It is intended that the Instructions to Bidders, General Conditions, Supplementary Conditions, Technical Specifications and Construction Drawings shall cover the complete work to which they relate. ARTICLE 1 DEFINED TERMS: In addition to the terms defined in the General Conditions, (EJCDC 1910–8) (1996), additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.1. Bidder – One who submits a Bid directly to Owner as distinct from a sub – bidder, who submits a bid to a Bidder. 1.2. Successful Bidder – The lowest, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. 1.3. Bid – A complete and properly signed offer to execute work for the prices stipulated in Bid Form and submitted in accordance with the Bidding Documents. 1.4. Addenda – Graphic or written documents issued by Engineer prior to the opening of Bids issued to clarify, revise, add to, or delete information in the original bidding documents or in previous addenda. ARTICLE 2 BID FORM: All Bids must be made upon the Bid Forms hereto annexed, and shall state the amount bid for each item shown, and all bids must be for materials and work called for in the specifications. Deposits for plans and specifications are not refundable. 2.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer. 2.2 All blanks on the Bid Form must be completed by printing in black ink or by typewriter. 2.3 Bids by corporations must be executed in the corporate name by the president or a vice–president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 2.4 All names must be typed or printed in black ink below the signature. 2.5 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form.) 2.6 The address and telephone number for communications regarding the Bid must be shown. - Page 118 -Item #20. 00110–2 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00110 - Instruction to Bidders.DOC ARTICLE 3 QUALIFICATIONS OF BIDDERS: 3.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five (5) days after Bid opening upon Owner’s request detailed written evidence such as financial data, previous experience, present commitments, and other such data as may be necessary to assist Owner in determining Contractor’s qualifications. 3.2 Each Bid must contain evidence of Contractor’s authority to conduct business in the state where the Work is to be performed. State Contractor license number, if applicable, must also be shown on the Bid Form. ARTICLE 4 COPIES OF BIDDING DOCUMENTS: 4.1 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Biddin g Documents. 4.2 Owner and Engineer in making copies of Bidding Documents available for a non–refundable deposit do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 5 EXAMINATION OF BIDDING DOCUMENTS, OTHER DATA, AND SITE: 5.1 It is the responsibility of each Bidder before submitting a bid: 5.1.1 to examine and study thoroughly the Bidding Documents and other related data identified in the Bidding Documents; 5.1.2 to visit the work site to ascertain by inspection pertinent local conditions such as location, character and accessibility of the site including existing surface and subsurface conditions in the work area; availability of facilities, location and character of existing work within or adjacent thereto, labor conditions, etc. 5.1.3 to become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; 5.1.4 to obtain and carefully study (or assume responsibility for doin g so) all addition or supplementary examination investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, an Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance or th e Work or which relate any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required of the bidding documents, and safety precautions and programs incident thereto; - Page 119 -Item #20. 00110–3 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00110 - Instruction to Bidders.DOC 5.1.5 To study and carefully correlate Bidder's knowledge and observations with the Bidding Documents and such other related data; and 5.1.6 to promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Bidding Documents and such other related documents; 5.1.7 to agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; 5.1.8 to become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; 5.1.9 To determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 5.1.10 To acknowledge warranty period of no less than three (3) years on equipment and workmanship. 5.2 The Owner shall make available to all prospective bidders, previous to receipt of bids, information that it may have as to sub–soil conditions and surface topography at the work site. Such information shall be given as the best factual information available without being considered as a representation of the Owner. 5.3 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 5, that without exception, the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and proced ures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 6 PRE–BID CONFERENCE: A pre–Bid conference will be held at 10:00 a.m. on ___________________________ 2020 in the City Hall Council Meeting Room at the City Administration Building located at 403 Butler Avenue, Tybee Island, Georgia 31328, Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 7 INTERPRETATIONS AND ADDENDA: - Page 120 -Item #20. 00110–4 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00110 - Instruction to Bidders.DOC 7.1 All questions about the meaning or intent of the Bidding Documents are to be directed to Engineer. The person submitting the request shall do so in writing and be responsible for its prompt delivery. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 BID SECURITIES: 8.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of ten percent of Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety company licensed in Georgia with an "A" minimum rating of performance and a financial str ength of at least five (5) times the contract price as listed in the most current publication of "Best's Key Rating Guide Property Liability." 8.2 The Bid security of Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the sixty–first day after the Bid opening, whereupon Bid security furnished by such bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. ARTICLE 9 CONTRACT COMPLETION TIME: The number of days within which, or by which the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. Pr ovisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 10 SUBSTITUTE AND “OR–EQUAL” ITEMS: 10.1 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, or those substitute or “or–equal” materials and equipment approved by ENGINEER and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function and quality to be met by any proposed substitute or “or equal” item. No item - Page 121 -Item #20. 00110–5 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00110 - Instruction to Bidders.DOC of material or equipment will be considered by ENGINEER as a substitute or “or equal” unless written request for approval has been submitted by Bidder and has been received by ENGINEER at least 15 days prior to the date for receipt of Bids. Each such request shall conform to requirements of paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. ENGINEER’s decision of approval or disapproval of a proposed item will be fina l. If ENGINEER approves any proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. ARTICLE 11 SUBCONTRACTORS, SUPPLIERS, AND OTHERS: 11.1 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid. 11.2 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contact to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions. 11.3 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. ARTICLE 12 SUBMITTAL OF BIDS: Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in a sealed opaque envelope, marked with the project title, and name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. Contracto r license number(s) shall be written on the face of the bid envelope. - Page 122 -Item #20. 00110–6 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00110 - Instruction to Bidders.DOC Each Bidder is responsible for seeing that his Bid is received by the Owner not later than the advertised time set for the opening of Bids. ARTICLE 13 MODIFICATIONS AND WITHDRAWAL OF BIDS: 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of bids. 13.2 If, within twenty–four hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may wi thdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided. ARTICLE 14 OPENING OF BIDS: Bids will be opened and (unless obviously non–responsive) read aloud publicly at the place where Bids are to be submitted. An abstract of the amount of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. ARTICLE 15 ACCEPTANCE OF BIDS: Bids may not be withdrawn (except as noted in Paragraph 13) after the time set for the opening of Bids. Bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid and return the Bid security prior to expiration of the acceptance period. ARTICLE 16 AWARD OF CONTRACT: 16.1 Owner reserves the right to reject any or all Bids, including without limitation, the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive, or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. 16.2 Owner also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 16.3 In evaluating Bids, Owner will consider the qualification of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. - Page 123 -Item #20. 00110–7 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00110 - Instruction to Bidders.DOC The Owner will also consider whether the Bidder involved: a) Maintains a permanent place of business; b) Has adequate plant and equipment to do the work properly and expeditiously; c) Has suitable financial status to meet obligations incidental to the work; d) Has appropriate technical experience. 16.4. Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of ma jor items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.5. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 16.6. If the contract is to be awarded, it will be awarded to the Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 16.7. If the contract is to be awarded, Owner will give Successf ul Bidder a Notice of Award within sixty (60) days after the day of the Bid opening. ARTICLE 17 MODIFICATIONS OF QUANTITIES: If the lowest bona fide Bid exceeds the money available for the Work, the Owner reserves the right to delete enough of the Work to bring the cost within the available funds. The Owner also reserves the right to delete whichever items or portions of items he considers to be in the best interest of the Owner. ARTICLE 18 CONTRACT SECURITY: The General Conditions and Supplementary Conditions set forth Owner’s requirements as to performance and payment bonds. When the Successful Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required performance and payment bonds. ARTICLE 19 SIGNING THE AGREEMENT: When the Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, Contractor shall sign and deliver the required counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to Contractor. ARTICLE 20 LAWS AND REGULATIONS: The Contractor shall comply with local, District, County, State and Federal laws applicable to the work. - Page 124 -Item #20. 00110–8 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00110 - Instruction to Bidders.DOC The Contractor shall comply with the Department of Labor Safety and Health Regulations for Construction promulgated under the Occupational Safety and Health Act of 1970 (PL 91–596) and under Section 107 of the Contract Work and Safety Standards Act (PL) 91–54). The regulations are administered by the Department of Labor and the Contractor shall allow access to the project to personnel from that Department. ARTICLE 21 CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE: Contractor shall not commence work under this contract until he has obtained all the insurance required by the Supplementary Conditions. ARTICLE 22 TERMINATION OF CONTRACT: If the Owner is made to stop construction of the work because of an order from a Court or State Department, the contract shall be terminated. Payment will be made for work completed and a proration of the work underway, materials stored, and for the overhead and profit of the completed work and work underway. No payment will be made for anticipated profit and overhead on work that has not been completed or underway. - Page 125 -Item #20. 00313 – 1 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00313 - Bid Form.doc DOCUMENT 00313 BID FORM PROJECT IDENTIFICATION: City of Tybee Island Wastewater Treatment Facility Mechanical Bar Screen CONTRACT IDENTIFICATION AND NUMBER: J – 28051.0000 THIS BID IS SUBMITTED TO: City of Tybee Island 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price a nd within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the day of Bid opening, or for such longer period of time that BIDDER may agree to in writing upon request of OWNER. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined and carefully studied the Plans and Specifications for the work and contractual documents relative thereto, and has read all Technical Provisions, Supplementary Conditions, and General Conditions, furnished prior to the opening of Bids; that BIDDER has satisfied himself relative to the work to be performed. (b) BIDDER further acknowledges hereby receipt of the following Addenda: ADDENDUM NO. DATE (c) BIDDER 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 furnishing of the Work; (d) BIDDER is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. (e) BIDDER 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 - Page 126 -Item #20. 00313 – 2 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00313 - Bid Form.doc relating to existing surface or subsurface structure at or contiguous to the site (except underground Facilities) have been identified in the Supplementary Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER’s purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or 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 cost progress, performance or furnishing of the work or which relate to any aspect of the means, methods, technique s, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Bidding Documents. (f) BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Bidding Documents. (g) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Bidding Documents and all additional examinations, investigations, explorations, tests, studies and data with the Bidding Documents. (h) BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Bidding Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. (i) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to ob tain for itself any advantage over any other Bidder or over OWNER. (J) Bidder is aware of the City of Tybee Island requirement for construction Warranty period of no less than one (1) Year for equipment, materials, and workmanship. 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): - Page 127 -Item #20. 00313 – 3 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00313 - Bid Form.doc Bid Form City of Tybee Island WWTF Mechanical Bar Screen ITEM. DESCRIPTION QUANTITY UNIT PRICE TOTAL PRICE 1 Mobilization/Demobilization JOB LUMP SUM 2 Existing Bar Screen Removal & Disposal Job Lump Sum *2 Multiple Rake Screen Raketec DI 500 and Washer/Compactor Compactec CC200 JOB Allowance $167,150.00 3 Screen Installation, Misc. Yard Piping, Valves, etc. JOB LUMP SUM 4 Electrical JOB LUMP SUM Total Construction Cost * Indicate Firm or Manufacturer used as noted in Pre-bid Agenda. *2: Aqualitec Corp. TOTAL BID FOR Total Construction Costs: -------------------------------------------------------------------------------------------------------------------------------------- ($------------------------) Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions. BIDDER acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities determined as provided, determined as provided in the Contract Documents. 5. BIDDER agrees that the Work will be substantially complete within 150 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions and completed and ready for final payment in accordance with paragraph 14.07.B of the General Conditions within 160 calendar days after the date when the Contract Times commence to run. 6. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 7. The following documents are attached to and made a condition of this Bid: - Page 128 -Item #20. 00313 – 4 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00313 - Bid Form.doc (a) Required Bid Security in the form of 10% of the Bid Total Price. 8. The undersigned further agrees that in case of failure on his part to execute the said contract and the Bond within fifteen (15) consecutive calendar days after written notice being given of the award of the contract, the check or bid bond accompanying this bid, and the monies payable thereon shall be paid into the funds of the Owner as liquidated damages for such failure, otherwise, the check or bid bond accompan ying this proposal shall be returned to the undersigned. 9. Communications concerning this Bid shall be addressed to: Thomas & Hutton Engineering Co. 50 Park of Commerce Way Savannah, GA 31402 Attn: Fred Sororian, P.E. sororian.f@thomasandhutton.com - Page 129 -Item #20. 00313 – 5 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00313 - Bid Form.doc 10. Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions of Instructions. SUBMITTED on ___________________ ________________ CONTRACTOR'S NAME ADDRESS: _____ ____________ BY: State Utility Contractor License No. UC - Page 130 -Item #20. PENAL SUM FORM 00411–1 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00411 - Bid Bond.DOC DOCUMENT 00411 BID BOND BIDDER (Name and Address): ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ SURETY (Name and Address of Principal Place of Business): ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ OWNER: City of Tybee Island 403 Butler Ave. Tybee Island, Georgia 31328 BID BID DUE DATE: PROJECT: CITY OF TYBEE ISLAND WASTEWATER TREATMENT FACILITY, Mechanical Bar Screen BOND BOND NUMBER:__________________________________ DATE: _________________________________ (Not later than Bid Due Date) PENAL SUM:______________________________________________________________________________________________ (10% of Bid Sum) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER SURETY ________________________________(Seal) _________________________________(Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By:_________________________________ By:_______________________________ Signature and Title Signature and Title (Attach Power of Attorney) Attest:______________________________ Attest:_____________________________ Signature and Title Signature and Title Note: (l) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. - Page 131 -Item #20. PENAL SUM FORM 00411–2 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00411 - Bid Bond.DOC 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents 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 Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Document, or 3.2 All bids are rejected by Owner, or 3.3 Owner fails to issue a notice of award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof.) 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the time for issuing notice of award including exten sions 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. Notice required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre–paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of the Bond conflicts with 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. - Page 132 -Item #20. 00506–1 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00506 - Standard Form of Agreement.DOC DOCUMENT 00506 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the day of in the year 20 by and between City of Tybee Island (hereinafter called OWNER) and (hereinafter called CONTRACTOR). 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: Installation of one (1) Aqualitec Corp. – Multiple Rake Screen Raketec DI 500 and Washer/Compactor Compactec CC200, piping, electrical connection and other accessories including miscellaneous items as required and as shown on the plans to complete a full operational system. ARTICLE 2. ENGINEER. The Project has been designed by Thomas & Hutton Engineering Co. who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES. All time limits for Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are of essence of the Contract. 3.1 The Work will be substantially completed within One Hundred Fifty (150) days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within One hundred (160) days after the date when the Contract Times commence to run. Included in the contract times are ten (10) days for rain delay. Time delays due to rain in excess of the above days shal l be reported by the Contractor to the Engineer in writing, within thirty (30) days of each event. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, - Page 133 -Item #20. 00506–2 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00506 - Standard Form of Agreement.DOC OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Thousand and 00/100 dollars ($2,000.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR, shall pay OWNER Two Thousand and 00/100 dollars ($2,000.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 UNIT PRICE WORK OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds of the amounts determined for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the CONTRACTOR'S UNIT PRICE BID (attached hereto as an exhibit), said amount being: __________________________________________________________________00/100 dollars ($__________________.00) As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03B of the General Conditions. 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; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 25th day of each month during performance of the Work as provided in paragraphs 5.1.1., 5.1.1.2. and 5.2. below. All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) as provided in the General Requirements. 5.1.1 For Cost of Work: Progress payments on account of the Cost of the Work will be made: 5.1.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less - Page 134 -Item #20. 00506–3 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00506 - Standard Form of Agreement.DOC such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions. 90% of the Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of Cost of the Work (with the balance being retainage) applicable to materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.02.A.1 of the General Conditions). 5.1.1.2 Upon Substantial Completion, in an amount sufficient to increa se the total payments to CONTRACTOR to 95% of the Cost of the Work, (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda indicated in Article 8 hereinafter) and the other related data identified in the Bidding Documents. 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 or furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. - Page 135 -Item #20. 00506–4 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00506 - Standard Form of Agreement.DOC 7.4 CONTRACTOR has carefully studied all reports of explorations and test 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) which have been identified in the Supplementary Conditions as provided in the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having 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 cost, progress, performance or furnishing of the 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. 7.5 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. 7.6 CONTRACTOR is aware of the City of Tybee Island requirements for construction warranty period of One (1) year for equipment, materials, and workmanship. 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 are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 Invitation to Bid (Pages 00021–1 to 00021–1, inclusive) 8.2 Instructions to Bidders (pages 00110–1 to 00110–8, inclusive) 8.3 Bid Form (pages 00313–1 to 00313–9, inclusive) - Page 136 -Item #20. 00506–5 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00506 - Standard Form of Agreement.DOC 8.4 Bid Bond (pages 00411–1 to 00411–2, inclusive) 8.5 Standard Form of Agreement Between Owner and Contractor (pages 00506–1 to 00506–7, inclusive) 8.6 Performance Bond (pages 00611–1 to 00611–6. Inclusive) 8.7 Payment Bond (pages 00621–1 to 00621–6, inclusive) 8.8 Notice of Award (pages 00631–1 to 00631–3, inclusive) 8.9 Notice to Proceed (pages 00641–1 to 00641–2, inclusive) 8.10 General Conditions (pages 1 to 62, inclusive) 8.11 Special Conditions (pages 00710–1 to 00710–6, inclusive) 8.12 Supplementary Conditions (pages 00815–1 to 00815–5, inclusive) 8.13 Summary of Work (pages 01011–1 to 01011–3, inclusive) 8.14 Measurement and Payment (pages 01025–1 to 01025–2, inclusive) 8.15 Quality Control (pages 01400–1 to 01400–3, inclusive) 8.16 Contract Closeout (pages 01702–1 to 01702–4, inclusive) 8.17 Operations and Maintenance (pages 01730–1 to 1730–4, inclusive) 8.18 Warranties (pages 01740–1 to 01740–2, inclusive) 8.19 Bonds (pages 01741–1 to 1741–2, inclusive) 8.20 Specifications consisting of 1 technical provision, as listed in table of contents thereof. 8.21 Drawings consisting of sheets C0 through 3 with each sheet bearing the following general title: SHEET NO. TITLE C0 Cover Sheet G1.1 General Notes 1 Vender Supplied Plans – By Others 2 Vender Supplied Plans – By Others 3 Vender Supplied Plans – By Others 8.22 Addenda numbers ___to _ inclusive. Exhibits to this Agreement: a. CONTRACTOR's Bid (page 00313–1 through page 00313–7, inclusive) marked “Exhibit A.” - Page 137 -Item #20. 00506–6 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00506 - Standard Form of Agreement.DOC b. Any modification, including Change Orders, duly delivered after execution of Agreement. c. Any modification, including Change Orders, duly delivered after execution of agreement. 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 3.5 and 3.6 of the General Conditions. ARTICLE 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assign ed without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any d uty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 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. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in five (5) counterparts. Two counterparts each have been delivered to OWNER and CONTRACTOR and one counterpart to ENGINEER. All portions of the Contract Documents have been signed, initialed or identified by Owner and Contractor or identified by ENGINEER on their behalf. - Page 138 -Item #20. 00506–7 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00506 - Standard Form of Agreement.DOC This Agreement will be effective on_ ________, 2020 (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: City of Tybee Island ___ ____________ BY _________________ BY BY BY ATTEST ATTEST Address for giving noticesAddress for giving notices 403 Butler Avenue__________________________ Post Office Box Tybee Island, Georgia 31328 Savannah, GA License No. UC _______ Agent for service of process: CORPORATE SEAL CORPORATE SEAL - Page 139 -Item #20. 00611–1 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00611- Performance Bond.DOC DOCUMENT 00611 PERFORMANCE BOND Bond # _________________ KNOW ALL MEN BY THESE PRESENTS, , (Name & Address of Contractor) hereinafter called “Principal” and , (Name & Address of Surety) of State of , hereinafter called the “Surety” are held and firmly bound unto City of Tybee Island __________________ hereinafter called the “Owner” in the penal sum of Dollars($ ) (Contract Sum) lawful money of the United States of America, to be paid to OWNER, for the payment whereof well and truly to be made we do bind ourselves, our respective executors, administra tors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered into a certain contract with the Owner dated the day of _____________ 2020 for the construction of: City of Tybee Island Wastewater Treatment Facility, Mechanical Bar Screen which said contract is incorporated hereby by reference and made a part hereof and is hereinafter referred to as the Construction Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, i f the Principal shall promptly and faithfully perform and comply with the terms and conditions of said contract; and shall indemnify and save harmless the Owner against and from all costs, expenses, damages, injury or loss to which said Owner may be subjec ted by reason of any wrongdoing, including patent infringement, misconduct, want of care or skill, default, or failure of performance on the part of said Principal, his agents, subcontractors or employees, in the execution or performance of said Construction Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which i s incorporated herein by reference. - Page 140 -Item #20. 00611–2 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00611- Performance Bond.DOC 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety’s obligations under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor’s right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense, take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor’s default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: - Page 141 -Item #20. 00611–3 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00611- Performance Bond.DOC 4.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or 4.4.2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifte en days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor’s right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner sha ll not be greater than those of the Contractor under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract: 6.2 Additional legal, design professional and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non–performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not reduce or set off on account of any such unrelated obligations . No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any changes, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum - Page 142 -Item #20. 00611–4 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00611- Performance Bond.DOC period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisi ons conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. DEFINITIONS: 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto; 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. - Page 143 -Item #20. 00611–5 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00611- Performance Bond.DOC IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, and this the ______ day of __________________, 2020. CONTRACTOR AS PRINCIPAL: _____ ____________________ (Principal) Secretary By: (Signature & Title) (SEAL) Witness as to Principal _____________________________ Address SURETY: ___ Surety (Company) (Surety) Secretary By: Attorney–in–Fact (SEAL) Witness as to Surety Address - Page 144 -Item #20. 00611–6 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00611- Performance Bond.DOC Notes: 1. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners should execute bond. 2. Bond must be countersigned by a Georgia resident agent. 3. 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 145 -Item #20. 00621–1 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00621 - Payment Bond.DOC DOCUMENT 00621 PAYMENT BOND Bond # ___________ KNOW ALL MEN BY THESE PRESENTS, , (Name & Address of Contractor) hereinafter called “Principal” and , (Name & Address of Surety) of State of , hereinafter called the “Surety” are held and firmly bound unto City of Tybee Island __________________ hereinafter called the “Owner” in the penal sum of Dollars($ ) (Contract Sum) Lawful money of the United States of America, to be paid to OWNER, for the payment whereof well and truly to be made we do bind ourselves, our respective executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered into a certain contract with the Owner dated the _____ day of _ ________, 2020 for the construction of: City of Tybee Island Wastewater Treatment Facility, Mechanical Bar Screen which said contract is incorporated hereby by reference and made a part hereof and is hereinafter referred to as the Construction Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Prin cipal shall promptly make payment to all claimants as hereinafter defined, for all labor and materials supplied in the prosecution of the work provided for in said Construction Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: - Page 146 -Item #20. 00621–2 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00621 - Payment Bond.DOC 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants; and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of claim. 4.2 Claimants who do not have a direct contract with the Contractor: 4.2.1 Have furnished written notice to the Contract and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 4.2.2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnished the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and 4.2.3 Not having been paid within 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. If a notice required by paragraph 4 is given by the Owner to the Contractor or to the Surety that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety’s expense take the following actions: - Page 147 -Item #20. 00621–3 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00621 - Payment Bond.DOC 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim stating the amounts that are undisputed and that basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. The Surety’s total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds e arned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 (iii), or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Constr uction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in the Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. - Page 148 -Item #20. 00621–4 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00621 - Payment Bond.DOC 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS: 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, material, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms “labor, materials or equipment,” that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the ______ day of _________________, 2019. CONTRACTOR AS PRINCIPAL: __ __________________ (Principal) Secretary By: (Signature & Title) (SEAL) _______________________________ Witness as to Principal _____________________________________ Address _____________________________________ - Page 149 -Item #20. 00621–5 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00621 - Payment Bond.DOC SURETY: ___ Surety (Company) (Surety) Secretary By: Attorney–in–Fact (SEAL) Witness as to Surety Address - Page 150 -Item #20. 00621–6 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00621 - Payment Bond.DOC Notes: 1. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners should execute bond. 2. Bond must be countersigned by a Georgia resident agent. 3. Surety companies executing bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact busines s in the state where the project is located. - Page 151 -Item #20. 00631–1 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00631 - Notice of Award.DOC SECTION 00631 NOTICE OF AWARD Dated ____________, 2020_ TO: ______ ADDRESS: ______ _____________ OWNER'S JOB NO.: J – 28051 _______ PROJECT: City of Tybee Island Wastewater Treatment Facility, Mechanical Bar Screen CONTRACT For: Installation of one (1) Aqualitec Corp. – Multiple Rake Screen Raketec DI 500 and Washer/Compactor Compactec CC200, piping, and other accessories including miscellaneous items as required and as shown on the plans to complete a full operational system. You are notified that your Bid dated ___________ ,2020, for the above Contract has been considered. You are the apparent successful bidder and have been awarded a contract for the, The Contract Price of your contract is: ________________________________________________________________and 00/100 dollars ($ ________________.00_) 6 copies of each of the proposed Contract Documents (except drawings) accompany this Notice of Award. 6 sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen days of the date of this Notice of Award that is by _____________, 2020. 1. You must deliver to the OWNER three (3) fully executed counterparts of the - Page 152 -Item #20. 00631–2 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00631 - Notice of Award.DOC Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders (paragraph 9), General Conditions (paragraph 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid in default, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten days after you comply with the above conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. City of Tybee Island Owner By: Mayor Title ACCEPTANCE OF AWARD ______ _______________________________ Contractor By: ______________ Title Date - Page 153 -Item #20. 00641–1 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00641 - Notice To Proceed.DOC Section 00641 NOTICE TO PROCEED Dated ____________, 2020_ TO: __________ ADDRESS: __________ _________________ OWNER'S JOB NO.: J – 28051 ___ PROJECT: City of Tybee Island Wastewater Treatment Facility, Mechanical Bar Screen CONTRACT For: Installation of one (1) Aqualitec Corp. – Multiple Rake Screen Raketec DI 500 and Washer/Compactor Compactec CC200, piping, and other accessories including miscellaneous items as required and as shown on the plans to complete a full operational system. You are notified that the Contract Times under the above contract will commence to run on ___________, 2020. By that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 3 of the Agreement the dates of Substantial Completion and completion and readiness for final payment are ______________ and _________________, respectively. Before you may start any Work at the site, paragraph 2.01 of the General Conditions provides that you and OWNER must each deliver to the other (with cop ies to ENGINEER and other identified additional insureds) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Before you may start any Work at the site, you must have submitted the following: 1. Certificate of Insurance 2. Performance Bond 3. Payment Bond. - Page 154 -Item #20. 00641–2 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00641 - Notice To Proceed.DOC The City of Tybee Island Owner By: ______________ City Manager (Title) ACCEPTANCE OF NOTICE TO PROCEED Contractor By: President Title Date - Page 155 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by AMERICAN COUNCIL OF ENGINEERING COMPANIES ______________________ ASSOCIATED GENERAL CONTRACTORS OF AMERICA ______________________ AMERICAN SOCIETY OF CIVIL ENGINEERS _______________________ PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE - Page 156 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. - Page 157 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 5 Article 2 – Preliminary Matters ......................................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance ............................................................................. 6 2.02 Copies of Documents .................................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed ............................................................... 6 2.04 Starting the Work .......................................................................................................................... 7 2.05 Before Starting Construction ........................................................................................................ 7 2.06 Preconstruction Conference; Designation of Authorized Representatives .................................. 7 2.07 Initial Acceptance of Schedules .................................................................................................... 7 Article 3 – Contract Documents: Intent, Amending, Reuse ............................................................................ 8 3.01 Intent .............................................................................................................................................. 8 3.02 Reference Standards ...................................................................................................................... 8 3.03 Reporting and Resolving Discrepancies ....................................................................................... 9 3.04 Amending and Supplementing Contract Documents ................................................................... 9 3.05 Reuse of Documents ................................................................................................................... 10 3.06 Electronic Data ............................................................................................................................ 10 Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points ........................................................................................................... 11 4.01 Availability of Lands ................................................................................................................... 11 4.02 Subsurface and Physical Conditions ........................................................................................... 11 4.03 Differing Subsurface or Physical Conditions ............................................................................. 12 4.04 Underground Facilities ................................................................................................................ 13 4.05 Reference Points .......................................................................................................................... 14 4.06 Hazardous Environmental Condition at Site .............................................................................. 14 Article 5 – Bonds and Insurance ...................................................................................................................... 16 5.01 Performance, Payment, and Other Bonds ................................................................................... 16 5.02 Licensed Sureties and Insurers .................................................................................................... 16 5.03 Certificates of Insurance ............................................................................................................. 17 5.04 Contractor’s Insurance ................................................................................................................ 17 5.05 Owner’s Liability Insurance ........................................................................................................ 19 5.06 Property Insurance ....................................................................................................................... 19 5.07 Waiver of Rights ......................................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds ......................................................................... 21 - Page 158 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 5.09 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer .......................................................... 22 Article 6 – Contractor’s Responsibilities ........................................................................................................ 22 6.01 Supervision and Superintendence ............................................................................................... 22 6.02 Labor; Working Hours ................................................................................................................ 22 6.03 Services, Materials, and Equipment ........................................................................................... 22 6.04 Progress Schedule ....................................................................................................................... 23 6.05 Substitutes and “Or-Equals” ....................................................................................................... 23 6.06 Concerning Subcontractors, Suppliers, and Others .................................................................... 25 6.07 Patent Fees and Royalties ........................................................................................................... 27 6.08 Permits ......................................................................................................................................... 27 6.09 Laws and Regulations ................................................................................................................. 28 6.10 Taxes ........................................................................................................................................... 28 6.11 Use of Site and Other Areas ........................................................................................................ 28 6.12 Record Documents ...................................................................................................................... 29 6.13 Safety and Protection .................................................................................................................. 29 6.14 Safety Representative .................................................................................................................. 30 6.15 Hazard Communication Programs.............................................................................................. 30 6.16 Emergencies ................................................................................................................................ 30 6.17 Shop Drawings and Samples ...................................................................................................... 31 6.18 Continuing the Work ................................................................................................................... 32 6.19 Contractor’s General Warranty and Guarantee .......................................................................... 33 6.20 Indemnification ........................................................................................................................... 33 6.21 Delegation of Professional Design Services ............................................................................... 34 Article 7 – Other Work at the Site ................................................................................................................... 35 7.01 Related Work at Site ................................................................................................................... 35 7.02 Coordination ................................................................................................................................ 35 7.03 Legal Relationships ..................................................................................................................... 36 Article 8 – Owner’s Responsibilities ............................................................................................................... 36 8.01 Communications to Contractor ................................................................................................... 36 8.02 Replacement of Engineer ............................................................................................................ 36 8.03 Furnish Data ................................................................................................................................ 36 8.04 Pay When Due ............................................................................................................................. 36 8.05 Lands and Easements; Reports and Tests ................................................................................... 36 8.06 Insurance...................................................................................................................................... 36 8.07 Change Orders ............................................................................................................................. 37 8.08 Inspections, Tests, and Approvals .............................................................................................. 37 8.09 Limitations on Owner’s Responsibilities ................................................................................... 37 8.10 Undisclosed Hazardous Environmental Condition .................................................................... 37 8.11 Evidence of Financial Arrangements .......................................................................................... 37 8.12 Compliance with Safety Program ............................................................................................... 37 Article 9 – Engineer’s Status During Construction ......................................................................................... 37 9.01 Owner’s Representative .............................................................................................................. 37 - Page 159 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 9.02 Visits to Site ................................................................................................................................ 37 9.03 Project Representative ................................................................................................................. 38 9.04 Authorized Variations in Work .................................................................................................. 38 9.05 Rejecting Defective Work ........................................................................................................... 38 9.06 Shop Drawings, Change Orders and Payments .......................................................................... 39 9.07 Determinations for Unit Price Work .......................................................................................... 39 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 39 9.09 Limitations on Engineer’s Authority and Responsibilities ........................................................ 39 9.10 Compliance with Safety Program ............................................................................................... 40 Article 10 – Changes in the Work; Claims ..................................................................................................... 40 10.01 Authorized Changes in the Work ............................................................................................... 40 10.02 Unauthorized Changes in the Work ............................................................................................ 41 10.03 Execution of Change Orders ....................................................................................................... 41 10.04 Notification to Surety .................................................................................................................. 41 10.05 Claims .......................................................................................................................................... 41 Article 11 – Cost of the Work; Allowances; Unit Price Work ....................................................................... 42 11.01 Cost of the Work ......................................................................................................................... 42 11.02 Allowances .................................................................................................................................. 45 11.03 Unit Price Work .......................................................................................................................... 45 Article 12 – Change of Contract Price; Change of Contract Times ............................................................... 46 12.01 Change of Contract Price ............................................................................................................ 46 12.02 Change of Contract Times .......................................................................................................... 47 12.03 Delays .......................................................................................................................................... 47 Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ....................... 48 13.01 Notice of Defects ......................................................................................................................... 48 13.02 Access to Work ........................................................................................................................... 48 13.03 Tests and Inspections .................................................................................................................. 49 13.04 Uncovering Work ........................................................................................................................ 49 13.05 Owner May Stop the Work ......................................................................................................... 50 13.06 Correction or Removal of Defective Work ................................................................................ 50 13.07 Correction Period ........................................................................................................................ 50 13.08 Acceptance of Defective Work ................................................................................................... 51 13.09 Owner May Correct Defective Work ......................................................................................... 52 Article 14 – Payments to Contractor and Completion .................................................................................... 52 14.01 Schedule of Values ...................................................................................................................... 52 14.02 Progress Payments ...................................................................................................................... 52 14.03 Contractor’s Warranty of Title .................................................................................................... 55 14.04 Substantial Completion ............................................................................................................... 55 14.05 Partial Utilization ........................................................................................................................ 56 14.06 Final Inspection ........................................................................................................................... 57 14.07 Final Payment .............................................................................................................................. 57 14.08 Final Completion Delayed .......................................................................................................... 58 - Page 160 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv 14.09 Waiver of Claims ........................................................................................................................ 58 Article 15 – Suspension of Work and Termination ........................................................................................ 59 15.01 Owner May Suspend Work ......................................................................................................... 59 15.02 Owner May Terminate for Cause ............................................................................................... 59 15.03 Owner May Terminate For Convenience ................................................................................... 60 15.04 Contractor May Stop Work or Terminate................................................................................... 60 Article 16 – Dispute Resolution ...................................................................................................................... 61 16.01 Methods and Procedures ............................................................................................................. 61 Article 17 – Miscellaneous .............................................................................................................................. 61 17.01 Giving Notice .............................................................................................................................. 61 17.02 Computation of Times ................................................................................................................ 62 17.03 Cumulative Remedies ................................................................................................................. 62 17.04 Survival of Obligations ............................................................................................................... 62 17.05 Controlling Law .......................................................................................................................... 62 17.06 Headings ...................................................................................................................................... 62 - Page 161 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 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. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. 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. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. 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. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. 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. 11. 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 162 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. 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). 14. Contract Times—The number of days or the 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. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. 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. 19. Engineer—The individual or entity named as such in the Agreement. 20. 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. 21. General Requirements—Sections of Division 1 of the Specifications. 22. 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. 23. 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. 24. 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. 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. 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. - Page 163 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. 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. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit 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. 32. 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. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. 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. 35. 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. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. 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. 38. 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. 39. 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. - Page 164 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 40. 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. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. 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 requirements and procedural matters applicable thereto. 43. 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. 44. 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. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. 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. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. 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. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an - Page 165 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 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 words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of 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). - Page 166 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 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 final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. 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 that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of 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 any 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. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. - Page 167 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 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 to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 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 resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on - Page 168 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 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 reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated 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 Engineer 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 provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. - Page 169 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 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 discovers, or has actual knowledge of, 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 (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 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 had actual knowledge 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, or code, or the instruction of any Supplier (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: - Page 170 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 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. 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 documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by 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 risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. 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. - Page 171 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 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. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the 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 officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. - Page 172 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition 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 Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 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 - Page 173 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 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, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall 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. 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 Facilities, 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 provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all 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 - Page 174 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 consequences of the existence or location of the Underground Facility. During such time, Contractor 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 reasonable 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 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. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the 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 officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions or information. - Page 175 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 C. Contractor shall not be responsible for any Hazardous 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 Environmental 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. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. 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 written notice to Contractor: (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 Claim 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. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (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. - Page 176 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition 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. 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 faithful performance and payment of all of Contractor’s obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 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 and coverages so required. Such surety and insurance companies shall also - Page 177 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified 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 and loss payee identified 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. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor’s Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims 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 personal injury liability coverage which are sustained: - Page 178 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 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, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor’s indemnity obligations under Paragraphs 6.11 and 6.20; 4. 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 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); 5. 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 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified 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. - Page 179 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 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. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, 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 a loss payee; 2. be written on a Builder’s Risk “all-risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 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 loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary 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, - Page 180 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 members, 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 a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this 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 loss payee 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 property 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 identified 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. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, 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 loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: - Page 181 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial 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, Subcontractors, or Engineer, and the officers, directors, members, 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 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner 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, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner 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 Owner’s exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party’s - Page 182 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 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 canceled 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 not 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. 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 any legal holiday without Owner’s written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. - Page 183 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 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 reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 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 material 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 named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an “or-equal” item, in which case review and approval of the proposed item may, in Engineer’s sole discretion, be accomplished without compliance 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: 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; - Page 184 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. 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 Contractor 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 if 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 requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by 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) 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 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 185 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 c) whether 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 engineering, sales, maintenance, repair, and replacement services; and 4) 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 utilized until Engineer’s review is complete, which will be evidenced by a Change Order in the case of a substitute and 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 so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. 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 - Page 186 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 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 Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner 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 the Supplementary Conditions, Owner’s acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. 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. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 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 a loss payee 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 waives all rights against Owner, - Page 187 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers 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, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 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. - Page 188 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 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 shall 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 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 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 the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance 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. 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, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought - Page 189 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 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 Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site 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. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, 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. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and - Page 190 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent 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. C. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The Supplementary Conditions identify any Owner’s safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 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 anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor’s duties and responsibilities for safety and 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 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 among 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, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is - Page 191 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 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 accepted 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 catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. 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; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. - Page 192 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 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 Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (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 will 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 requirements 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 from 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. 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. - Page 193 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 6.19 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on 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. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . - Page 194 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 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, 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, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 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, sequences 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 and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 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 expressed in the Contract Documents. Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. - Page 195 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. 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 through 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, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. 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 depends 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. 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 itemized; and 3. the extent of such authority and responsibilities will be provided. - Page 196 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 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 incurred by Contractor as a result of the other contractor’s wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor’s wrongful action 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. 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 under 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 with respect to providing lands and easements and providing 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 relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. - Page 197 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 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 with respect to certain inspections, 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. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. 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 Documents. 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, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or - Page 198 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 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. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer’s consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract 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. - Page 199 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 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. 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 provisions 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 believes 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 10.05.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 to 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 - Page 200 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 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. 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. 9.10 Compliance with Safety Program A. While at the Site, Engineer’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. 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, 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 Contract 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 result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. - Page 201 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 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 work 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 13.04.D. 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 the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 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 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 - Page 202 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 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 Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant’s written statement 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 last 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 following 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 to 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 shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: - Page 203 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, 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 Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 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 - Page 204 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, 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 agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 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 - Page 205 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 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. 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 covered 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: 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 to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 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 - Page 206 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 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 quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 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 changed 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. 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 and 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). - Page 207 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 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 Paragraphs 12.01.C.2.a and 12.01.C.2.b 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 change, 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. 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 - Page 208 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 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.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors 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. 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. 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, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. - Page 209 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 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 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. 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. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. 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 make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. - Page 210 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 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 skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, 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 written 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). 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 guarantee, if any, on said Work. 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 specific 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: - Page 211 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 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 from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or 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, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) 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 Paragraph 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 (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) attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor 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 212 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 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 services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall 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 decrease 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. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an - Page 213 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. 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 of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or - Page 214 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the 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 stated 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 required 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. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. - Page 215 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 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; c. there are other items entitling Owner to a set-off against the amount recommended; or d. 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 Paragraph 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 remedies the reasons for such action. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, 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. 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, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a 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 - Page 216 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 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 considering 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. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver 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 remove its property and 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, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and 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 responsibility in respect thereof and access thereto. - Page 217 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 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 and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to 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 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 previously 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.6; 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 14.07.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 might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. 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 - Page 218 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract Documents have been fulfilled, Engineer will, within ten 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 and accepted. If the remaining balance to be held by 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. 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. - Page 219 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 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. 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); 2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor’s repeated disregard of the authority of Engineer; or 4. Contractor’s violation in any substantial way of any provisions of the Contract Documents. 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 balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when - Page 220 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. 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 affect 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 the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. 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 in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. 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 - Page 221 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 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. The 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 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer’s action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. 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: - Page 222 -Item #20. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 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 from 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 as 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 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. - Page 223 -Item #20. 00710–1 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00710 - Special Conditions.DOC DOCUMENT 00710 SPECIAL CONDITIONS SC–1. DESCRIPTION OF THE WORK: Installation of one (1) Aqualitec Corp. – Multiple Rake Screen Raketec DI 500 and Washer/Compactor Compactec CC200, piping, and other accessories including miscellaneous items as required and as shown on the plans to complete a full operational system. SC–2. COMMENCEMENT AND COMPLETION OF WORK: The Contractor shall commence work within 15 days after Notice to Proceed is issued. He shall complete his work within 90 calendar days. If the Contractor fails to prosecute the work with such diligence as will insure the completion of each portion of the work within the time shown on the above schedule, plus any extensions made in accordance with Article 12 of the General Conditions; and, if the Owner does not exercise his reservations as set forth in Article 13, the Contractor shall continue the work in which event liquidated damages for the delay will be impossible to determine. In lieu thereof, liquidated damages in the amount of $2,000.00 per each day of delay of the work until the work is completed. SC–3. DRAWINGS: The work shall conform to the following drawings, all of which form a part of, and are included in, these specifications and are available in the office of Thomas & Hutton Engineering Co., 50 Park of Commerce Way, Post Office Box 2727, Savannah, Georgia 31402– 2727. Sheet No. TITLE C0 Cover Sheet G1.1 General Notes 1 Vender Supplied Plans – By Others 2 Vender Supplied Plans – By Others 3 Vender Supplied Plans – By Others SC–4. LAYOUT OF WORK: Control lines and master benchmarks will be furnished by the Owner. The Contractor will lay out his own work and will be responsible for all measurements in connection therewith. SC–5. OBSERVATIONS AND TESTS: Before acceptance of the whole or any part of the work, it shall be subjected to observation and tests to determine that it is in accordance with the plans and specifications. The Contractor will be required to maintain all work in a first-class condition for a 30–day operating period after the same has been completed as a whole and the Engineer has notified the Contractor in writing that the work has been finished to his satis faction. The Contractor shall pay for all testing. He shall engage a mutually acceptable laboratory or qualified individual to conduct the tests in accordance with these specifications. No portion of the work will be accepted until tests prove it has been satisfactorily completed. The Contractor shall give the Project Engineer or Project Representative a minimum of 48 hours notice for all required observations or tests. - Page 224 -Item #20. 00710–2 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00710 - Special Conditions.DOC SC–6. BONDS: The Performance Bonds in the amount of 100% of the contract amount and Payment Bonds in the amount of 100% of the contract amounts shall be furnished in accordance with Article 5 of the General Conditions. SC–7. CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE: The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been accepted by the Owner, nor shall the Contractor allow any Subcontractor to commence work on his subcontract until the insurance required of the Subcontractor has been so obtained and accepted. a. Compensation and Employer's Liability Insurance: The Contractor shall take out and maintain during the life of the contract the statutory Worker's Compensation and Employer's Liability Insurance for all of his employees to be engaged in work on the project under the contract and, in case and such work is sublet, the Contractor should require the Subcontractor similarly to provide Worker's Compensation and Employer's Liability Insurance for all the latter's employees to be engaged in such work. b. Bodily Injury Liability and Property Damage Liability Insurance: The Contractor shall take out and maintain during the life of the contract Bodily Injury Liability and Property Damage Liability Insurance to protect him and any subcontractor performing work covered by the contract from claims for damages or personal injury, including accidental death, a well as from claims for property damage, which may arise from operations under the contract, whether such operations be by himself or by a Subcontractor or by anyone directly or indirectly employed by either of them and the amount of such insurance should be not less than: (1) Bodily Injury Liability Insurance, in an amount not less than $1,000,000.00 for injuries, including wrongful death to any one person and subject to the same limit for each person in an amount not less than $2,000,000.00 on account of one accident. Contractual liability should be endorsed on the policy. (2) Property Damage Insurance in an amount not less than $1,000,000.00 for damages on account of any one accident, and in an amount not less than $2,000,000.00 for damages on account of all accidents. c. Builder's Risk Insurance (Fire and Extended Coverage): The Contractor shall have adequate fire and standard extended coverage, with a company or companies acceptable to the Owner, in force on the project. The provisions with respect to Builder's Risk Insurance shall in no way relieve the Contractor of his obligation of completing the work covered by the Contract. d. Proof of Carriage of Insurance: The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations, effective dates and date of expiration of policies. Such certificates shall contain substantially the following statement: “The insurance covered by this certification shall not be cancelled or materially altered, except after ten (10) days written notice has been received by the Owner.” - Page 225 -Item #20. 00710–3 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00710 - Special Conditions.DOC SC–8. HOLD HARMLESS CLAUSE: The Contractor agrees to hold harmless, indemnify and defend the Owner and his agents, architects, engineers and employees from and against any and all claims, losses, damages, demands, causes of action and any an all related costs and expenses, of every kind and character, growing out of, incidental to, or resulting directly or indirectly from the Contractor's performance of the work described herein, whether such loss, damage, injury, or liability is contributed to by the negligence of the Owner, its agents, architects, engineers, or employees, except that the Contractor shall have no liability for damages or the costs incidental thereto caused by the sole negligence of the Owner, his agents, architects, engineers, or employees. The Contractor will require any and all subcontractors to conform with the provisions of this clause prior to commencing any work and agrees to ensure that this clause is in conformity with the insurance provisions of the contract. SC–9. CONTRACTOR'S STATUS: It is agreed that the Contractor shall occupy the status of an Independent Contractor and the Contractor's employees are not employees of the Owner. SC–10. CONTRACTOR'S AFFIDAVIT: Upon completion of the work and prior to final payment and settlement of all sums due hereunder, Contractor will furnish to Owner a Contractor's Affidavit in the usual form submitted by Contractor under the laws of the State of Georgia to the effect that all bills for labor, materials and services in connection with said contract have been paid in full, acknowledging receipt of the contract price and averring that the re are no outstanding claims under said contract which could become a lien on the real estate arising out of said contract. SC–11. RESIDENT PROJECT ENGINEER: The Owner reserves the right to furnish a Resident Project Engineer as deemed necessary to insure the Project quality control and conformance to Plans and Specifications, who will act as the Owner's Representative on the Project and will have the authority of the Engineer as set forth in the Contract Documents. SC–12. BARRICADES, DANGER AND WARNING SIGNS: The Contractor shall install and maintain barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices and shall take all necessary precautions for the protection of the work and safety of the public. Lanes closed to traffic shall be protected by effective barricades, lighted during hours of darkness. Suitable warning signs shall be provided to control, direct traffic and warn pedestrians. Upon completion all barricades, signs and the like shall be removed. SC–13. TOOLS, PLANT AND EQUIPMENT: If at any time before the commencement or during the progress of the work, tools, plant or equipment appear to the Engineer to be insufficient, inefficient or inappropriate to secure the quality of the work required or the proper rate of progress, the Engineer may order the contractor to increase their efficiency, to improve their character, to augment their number, or to substitute new tools, plant, or equipment, as the case may be, and the contractor must conform to such order; but a failure of the Engineer to demand such increase of efficiency, number, or improvement shall not relieve the Contractor of his obligation to secure the quality of work and the rate of progress necessary to complete the work within the time required by his contract to the satisfaction of the Owner. SC–14. ACCIDENTS: The Contractor shall provide, at the site, such equipment and medical facilities as are necessary to supply first–aid service to anyone who may be injured in connection with the work. The Contractor must report in writing to the Engineer all accidents whatsoever arising out of, or in connection with, the performance of the work, whether on or adjacent to the site, which causes death, personal injury or property damages, giving fu ll details and statement of witnesses. In addition, if death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Contractor and any subcontractor on account of any accident, the Contractor shall - Page 226 -Item #20. 00710–4 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00710 - Special Conditions.DOC promptly report the facts to the Engineer, giving full details in writing of the claim. The Contractor shall advise his superintendent and foreman, who are on the site of the work, the name of the hospital and phone number and the name and phone number of the doctor he proposes to use in case of an accident. SC–15. SANITARY PROVISIONS: The Contractor shall provide temporary sanitary facilities for the use of the workmen during the progress of the work. The sanitary facilities shall conform to the requirements of the County health Engineer. All facilities shall be removed at the completion of the contract. SC–16. MODIFICATION OF QUANTITIES: The itemized quantities shall be considered by the Contractor as the quantities required to complete the work for the purpose of bidding. Should actual quantities required in the construction of the work be greater or less than the quantities shown on the items, an amount equal to the difference in quantities at the unit prices for the item will be added to or deducted from the contract price. When itemized quantities are not given in the Proposal, the work shown on the plans or specified shall be considered by the Contractor to be included in his contract for the lump sum prices bid. SC–17. RESPONSIBILITY REGARDING EXISTING UTILITIES AND STRUCTURES: The existence and location of underground utilities will be investigated and verified in the field by the Contractor before starting work. The Contractor shall call for underground utility locations. Underground utilities location service can be contacted at 1–800–282–7411 (GA). The location of all known interferences based on the best information available has been shown on the drawings, but this information may not be complete. Excavation in the vicinity of existing structures and utilities shall be carefully done by hand. The Contractor shall be held responsible for any damage to and for maintenance and protection of existing utilities and structures. The Contractor is responsible for coordinating with the utility companies any relocation, adjustment, or replacement of utility facilities. SC–18. INTERRUPTION OF UTILITY SERVICE: The Contractor's operations shall be so conducted as to interfere as little as possible with utility services. Any proposed interruption by the Contractor must be accepted in advance by the Engineer. SC–19. OMISSION: The drawings and specifications shall both be considered as a part of the contract. Any work and material shown in the one and omitted in the other, or described in the one and not shown in the other, or which may fairly be implied by both or either, shall be furnished and performed as though shown in both, in order to give a complete and first class job. SC–20. MEASUREMENT AND PAYMENT: Measurement and payment shall be made for the units and at the lump sum contract prices shown on the Bid Schedule. Direct payment shall only be made for those items or work specifically listed in the proposal and the cost of any other work must be included in the contract price for the applicable items to which it relates. SC–21. "OR EQUIVALENT," CLAUSE: Although the plans and specifications make reference to particular manufacturers and model numbers for various products, such reference is made only to establish function and quality of such products. If it is desired to use materials or equipment of trade names or of manufacturer's names which are different from those mentioned in the contract documents, information pertaining to such items must reach the hands of the Engineer at least 10 days prior to the date set for the opening of bids. The burden of proving equality of a proposed substitute to an item designated by trade name or - Page 227 -Item #20. 00710–5 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00710 - Special Conditions.DOC by manufacturer's name in the contract document rests on the party submitting the req uest for acceptance. The written application for review of a proposed substitute must be accompanied by technical data which the party requesting review desires to submit in support of his application. The Engineer will give consideration to reports from reputable independent testing laboratories, verified experience records showing the reputation of the proposed product with previous users or any other written information that is reasonable in the circumstances. The application to the Engineer for review of a proposed substitute must be accompanied by a schedule setting forth in what respects the material or equipment submitted for consideration differs from the materials or equipment designated in the contract documents. The degree of proof required for acceptance of a proposed substitute as equivalent to a named product is the amount of proof necessary to convince the Engineer beyond all doubt. To be acceptable, a proposed substitute must, in addition, meet or exceed all express requirements of the contract documents. If submittal is accepted by the Engineer, an addendum will be issued to all prospective bidders at least five (5) days prior to the date set for the opening of bids. The Engineer shall be the final judge on questions of similarity and e quality. SC–22. SAFETY AND HEALTH REGULATIONS: The Contractor shall comply with the Department of Labor Safety and Health Regulations for Construction promulgated under the Occupational Safety and Health Act of 1970 (PL 91–596) and under Section 107 of the Contract Work and Safety Standards Act (PL 91–54). The regulations are administered by the Department of Labor and the Contractor shall allow access to the project to personnel from that Department. SC–23. RECORD DATA AND DRAWINGS: The Contractor shall keep accurate, legible records of the locations, types, and sizes of sanitary lines, service laterals, manholes, cleanouts, water lines, fittings, valves, hydrants, drainage pipes, drainage structures and other related work performed under this project. On a set of project prints provided by the Owner, the Contractor shall prepare a set of "record" drawings from the data stated above. The horizontal locations of all portions of items installed on this project shall be accurately tied down to features that are physical and visible, such as property corner markers and/or permanent type structures. Invert elevations of all manholes, storm sewers and structures, sanitary sewers and lift stations shall be clearly indicated. These "record" drawings shall be kept clean and dry and maintained in a current state with the progress of the work. If at any time, a copy of this plan or portion of it is requested by the Owner, such copy shall be made available within 24 hours after the request is made. Before final acceptance of the completed installation and before final payment by the Owner, the Contractor shall deliver to the Engineer, four (4) sets of “Record” Drawings accurately depicting the horizontal and vertical as–built data described above. “Record" drawings for the items installed on this project shall be certified by a licensed engineer or surveyor, other than Thomas & Hutton, registered in the State in which the project is located. The size of the drawings shall be 24” x 36”. The “Record” drawings shall have a coordinate system based on the Georgia State Plane Coordinate System, East Zone, North American Datum of 1983 (NAD83). Elevations shall be based on the North American Vertical Datum of 1988 (NAVD 88). All measurements and coordinates shown shall use the U.S. Survey flood definition. Coordinates shall be shown on all drainage structures, sanitary sewer manholes, storm manholes/boxes, valve boxes/vaults, valve manholes, valves, fire hydrants, fittings, and all other related work performed under this contract. Vertical data including but not limited to, structure and manhole frame and inverts, pipe inverts, lift station frame, inverts, control levels, bottom, site grading, and as–built grading shall be shown. In addition to the “Record” drawings, Contractor shall deliver to Engineer electronic AutoCAD (v. 14 or later) files of all the - Page 228 -Item #20. 00710–6 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00710 - Special Conditions.DOC data described above on a CD–ROM. SC–24. PROPERTY CORNERS: The Contractor shall be responsible for restoring any property corners or monuments disturbed during construction. They shall be restored by a professional surveyor registered in the State of Georgia. SC–25. VIDEO TAPE: A VHS or DVD video tape showing existing site conditions shall be made by the Contractor prior to start of construction. Contractor shall provide Owner and Engineer a copy of the tape. Contractor is encouraged to record any existing damaged facilities that could be questioned later by property owners. A written or recorded narrative shall be provided with the tape. Engineer shall be notified 72 hours in advance of the taping. Contractor is responsible for all costs associated with taping and shall be considered a subsidiary part of the contract. - Page 229 -Item #20. 00815–1 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00815 - Supplementary Conditions.DOC DOCUMENT 00815 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC C–700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. SC–1 The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract (EJCDC C–700, 2007 Edition) have the meanings assigned to them in the General Conditions. SC–2.05.A.4 Add the following new paragraph to the General Conditions after paragraph 2.05.A.3: 4. “A schedule of anticipated shipping dates for materials and equipment. It is intended that equipment and materials be so scheduled as to arrive at the job site just prior to time for installation to prevent excessive materials on hand for inventory and necessity for extensive storage facilities at the job site.” SC–5.04.B.7 Add the following new paragraph to the General Conditions after paragraph 5.04.B.6: 7. Bonding surety shall be located in the state in which the work is being performed. The Contractor shall not commence work under this contract until it has obtained all the insurance required under this paragraph and such insurance has been accepted by the Owner, nor shall the Contractor allow any Subcontractor to commence work on its subcontract until the insurance required of the Subcontractor has been so obtained and accepted. a. Compensation and Employer's Liability Insurance: The Contractor shall take out and maintain during the life of the contract , the statutory Worker's Compensation and Employer's Liability Insurance for all of its employees to be engaged in work on the project under the contract and, in case such work is sublet, the Contractor should require the Subcontractor similarly to provide Worker's Compensation and Employer's Liability Insurance for all the latter's employees to be engaged in such work. b. Bodily Injury Liability and Property Damage Liability Insurance: The Contractor shall take out and maintain during the life of the contract, Bodily Injury Liability and Property Damage Liability Insurance. The policy shall protect Contractor and any Subcontractor performing work covered by the contract from claims for damages or personal injury, including accidental death, a well as from claims for property damage, which may arise from - Page 230 -Item #20. 00815–2 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00815 - Supplementary Conditions.DOC operations under the contract, whether such operations be by Contractor, Subcontractor, or by anyone directly or indirectly employed by either of them and the amount of such insurance should be not less than: (1) Bodily Injury Liability Insurance, in an amount not less than $1,000,000.00 for injuries, including wrongful death to any one person and subject to the same limit for each person in an amount not less than $2,000,000.00 on account of one accident. Contractual liability should be endorsed on the policy. (2) Property Damage Insurance in an amount not less than $1,000,000.00 for damages on account of any one accident, and in an amount not less than $2,000,000.00 for damages on account of all accidents. c. Builder's Risk Insurance (Fire and Extended Coverage): The Contractor shall have adequate fire and standard extended coverage, with a company or companies acceptable to the Owner, in force on the project. The provisions with respect to Builder's Risk Insurance shall in no way relieve the Contractor of its obligation of completing the work covered by the Contract. d. Proof of Carriage of Insurance: The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations, effective dates, and date of expiration of policies. Such certificates shall contain substantially the following statement: "The insurance covered by this certification shall not be canceled or materially altered, except after 10 days written notice has been received by the Owner." SC–6.02.B Add the following: The Contractor shall provide in writing any requests to work on weekends. Requests shall be submitted to the Owner and Engineer for consideration a minimum of 48 hours prior to the requested weekend. SC–6.05.E Replace with the following: 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 so proposed or submitted by Contractor, Contractor shall reimburse Owner and Owner shall pay Engineer for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner and Owner shall pay Engineer for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. - Page 231 -Item #20. 00815–3 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00815 - Supplementary Conditions.DOC SC–6.08 Add the following: The Contractor shall not proceed until all encroachment permits, curb cut permits, highway crossing permits, and railroad crossing permits have been secured. Contact Owner to ascertain status of permits. SC–6.09.D Add a new paragraph after paragraph 6.09.C of the General Conditions that reads as follows: “D. The Contractor shall comply with the Department of Labor Safety and Health Regulations for Construction promulgated under the Occupational Safety and Health Act of 1970 as amended through January 1, 2004 (PL 91–596) and under Section 107 of the Contract Work and Safety Standards Act (PL 91–54). The regulations are administered by the Department of Labor and the Contractor shall allow access to the project to personnel from that Department. The Bidder’s attention is directed to the fact all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout and they will be deemed to be included in the contract the same as though herein written in full. The Contractor shall keep fully informed of all laws, ordinances and regulations of Federal, State, City and County, in any manner affecting those engaged or employed in the work, or the materials used in the work, or in any way affecting the conduct of the work, and of all orders and decrees of bodies or tribunals having any jurisdiction or authorit y over same. Contractor shall at all times, observe and comply with all such existing and future laws, ordinances, and regulations.” SC–6.12.B Add a new paragraph after paragraph 6.12.A of the General Conditions that is to read as follows: “B. Record Data Drawings: 1. The Contractor shall keep accurate, legible records of the elevations, locations, types, and sizes of sanitary sewage lines, service laterals, manholes, cleanouts, water lines, fittings, valves, hydrants, drainage pipes, drainage structures, and other related work performed under this project. Where proposed and existing utilities cross, the Contractor shall measure and record the horizontal location and vertical separation between each crossing. Separation shall be measured between exteriors of pipes. On a set of project prints provided by the Owner, the Contractor shall prepare a set of “record” drawings from the data stated above. The horizontal locations of all portions of items installed on this project shall be accurately tied down to the State Plane Coordinate System. Invert and frame elevations of all manholes, storm sewers and structures, sanitary sewers and lift stations shall be clearly indicated. These “record” drawings shall be kept clean and dry and maintained in a current state with the progress of - Page 232 -Item #20. 00815–4 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00815 - Supplementary Conditions.DOC the work. If at any time, a copy of this plan or portion of it is requested by the Owner, such copy shall be made available within 24 hours after the request is made. 2. Before final acceptance of the completed installation and before final payment by the Owner, the Contractor shall deliver to the Engineer a completed set of “record” drawings accurately depicting the data described above. The horizontal and vertical locations as shown on the “record” drawings for the items installed on this project shall be certified by a licensed surveyor, other than Thomas & Hutton, registered in the State in which the project is located. “Record” Drawings shall be submitted on a marked up set of project construction prints or electronically. Thomas & Hutton shall prepare original “record” drawings from the submitted data. When completed, Thomas & Hutton shall have the licensed surveyor stamp and sign the original “record” drawings before making copies available to the Owner or other appropriate agencies.” SC–6.13.A.3 Add the following: “Safely guard the Owner’s property from damages, injury, or loss in connection with this contract. Contractor shall at all times guard and protect its own work and all materials of every description both before and after being used in the work. Contractor shall provide any enclosing or special protection from weather deemed necessary by Engineer without additional cost to the Owner. Partial payments under the contract will not relieve the Contractor from re sponsibility for protection of material, work, and property.” SC–9.02.C Add a new paragraph after paragraph 9.02.B of the General Conditions that is to read as follows: “C. If at any time before the commencement or during the progress of the work, tools, plant or equipment appear to the Engineer to be insufficient, inefficient, or inappropriate to secure the quality of the work required or the proper rate of progress, the Engineer may order the Contractor to increase their efficiency, to improve their character, to augment their number, or to substitute new tools, plant or equipment as the case may be, and the Contractor must conform to such order; but a failure of the Engineer to demand such increase or efficiency, number, or improvements, shall not relieve the Contractor’s obligation to secure the quality of work and the rate of progress necessary to complete the work within the time required by this contract to the satisfaction of the Owner.” SC–9.05 Add the following sentence at the end of paragraph 9.05 of the General Conditions: “Owner and Engineer have the right to reject defective materials. Defective materials shall not be used in the work.” SC–13.03.A Add the following sentences to paragraph 13.03.A of the General Conditions: - Page 233 -Item #20. 00815–5 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\00815 - Supplementary Conditions.DOC “The Contractor will be required to maintain all work in a condition acceptable to the Engineer for a 30 day operating period after the same has been completed as a whole, and the Engineer has notified the Contractor in writing that the work has been finished. The Contractor shall give the Project Engineer or Project Representative a minimum of 48 hours notice for all required observations and tests.” END OF SUPPLEMENTARY CONDITIONS - Page 234 -Item #20. Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01011 - Summary of Work.DOC INDEX TO SECTION 01011 SUMMARY OF WORK Paragraph Title Page PART 1 – GENERAL 1.1 Section Includes 01011–1 1.2 Contract Description 01011–1 1.3 Work Required 01011–1 1.4 Contract Drawings 01011–2 1.5 Contract Technical Specifications 01011–2 1.6 Work Schedule 01011–2 PART 2 – PRODUCTS Not Used. PART 3 – EXECUTION Not Used. - Page 235 -Item #20. 01011–1 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01011 - Summary of Work.DOC SECTION 01011 SUMMARY OF WORK PART 1 – GENERAL 1.1 SECTION INCLUDES A. Contract Description. B. Work required by Contract. C. Contract Drawings D. Contract Technical Specifications E. Work Schedule 1.2 CONTRACT DESCRIPTION A. Contract Type: 00506 – Agreement 1.3 WORK REQUIRED A. Consists of Contractor furnishing all labor, materials, tools, equipment and incidentals to complete the Work generally described below: Installation of one (1) Aqualitec Corp. – Multiple Rake Screen Raketec DI 500 and Washer/Compactor Compactec CC200, piping, and other accessories including miscellaneous items as required and as shown on the plans to complete a full operational system. B. All work shall be performed as shown on the Drawings and as described in the Contract Documents and Technical Specifications. C. All work shall comply with standards described by the Department of Labor, Occupational Safety and Health Administration, 29 CFR Part 1926, Subpart P, latest revision. - Page 236 -Item #20. 01011–2 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01011 - Summary of Work.DOC 1.4 CONTRACT DRAWINGS Sheet No. TITLE C0 Cover Sheet G1.1 General Notes 1 Vender Supplied Plans – By Others 2 Vender Supplied Plans – By Others 3 Vender Supplied Plans – By Others 1.5 CONTRACT TECHNICAL SPECIFICATIONS SECTION NO. TITLE 11102 Mechanical Bar Screen 1.6 WORK SCHEDULE A. Construct Work in phases to accommodate Owner’s requirements during the construction period, coordinate construction schedule and operations with Owner and Engineer. PART 2 – PRODUCTS Not used. PART 3 – EXECUTION Not used. END OF SECTION - Page 237 -Item #20. Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01025 - Measurement and Payment.DOC INDEX TO SECTION 01025 MEASUREMENT AND PAYMENT Paragraph Title Page PART 1 – GENERAL 1.1 Section Includes 01025–1 1.2 Authority 01025–1 1.3 Unit Quantities Specified 01025–1 1.4 Measurement of Quantities 01025–1 1.5 Payment 01025–2 PART 2 – PRODUCTS Not Used. PART 3 – EXECUTION Not Used. - Page 238 -Item #20. 01025–1 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01025 - Measurement and Payment.DOC SECTION 01025 MEASUREMENT AND PAYMENT PART 1 – GENERAL 1.1 SECTION INCLUDES A. Measurement and payment criteria applicable to the Work performed under each section or a unit price payment method. B. Defect assessment and non–payment for rejected work. 1.2 AUTHORITY A. Measurement methods delineated in the individual specification sections complement the criteria of this section. In the event of conflict, the requirements of the individual specification section govern. B. Take all measurements and compute quantities. The Engineer will verify measurements and quantities. C. Assist by providing necessary equipment, workers, and survey personnel as required. 1.3 UNIT QUANTITIES SPECIFIED A. Quantities indicated in the Bid Form are for bidding and contract purposes only. Quantities and measurements supplied or placed in the Work and ve rified by the Engineer determine payment. B. If the actual Work requires more or fewer quantities than those quantities indicated, provide the required quantities at the unit sum/prices contracted. 1.4 MEASUREMENT OF QUANTITIES A. Measurement by Weight: Concrete reinforcing steel, rolled or formed steel or other metal shapes will be measured by handbook weights. Welded assemblies will be measured by handbook or scale weight. B. Measurement by Volume: Measured by cubic dimension using mean length, width and height or thickness. C. Measurement by Area: Measured by square dimension using mean length and width or radius. D. Linear Measurement: Measured by linear dimension, at the item centerline or mean chord. - Page 239 -Item #20. 01025–2 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01025 - Measurement and Payment.DOC E. Stipulated Sum/Price Measurement: Items measured by weight, volume, area, or linear means or combination, as appropriate, as a completed item or unit of the Work. 1.5 PAYMENT A. Payment Includes: Full compensation for all required labor, Products, tools, equipment, plant, transportation, services, and incidentals; erection, application or installation of an item of the Work; overhead and profit. B. Final payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities accepted by the Engineer multiplied by the unit sum/price for Work which is incorporated in or made necessary by the Work. PART 2 – PRODUCTS Not Used. PART 3 – EXECUTION Not Used. END OF SECTION - Page 240 -Item #20. Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01300 - General Requirements.DOC INDEX TO GENERAL REQUIREMENTS SECTION 01300 SUBMITTALS Paragraph Title Page PART 1 – GENERAL 1.1 Section Includes 01300–1 1.2 Related Sections 01300–1 1.3 Submittal Procedures 01300–1 1.4 Construction Progress Schedules 01300–2 1.5 Product Data 01300–2 1.6 Shop Drawings 01300–3 1.7 Samples 01300–4 1.8 Design Data 01300–4 1.9 Test Reports 01300–4 1.10 Certificates 01300–4 1.11 Manufacturer’s Instructions 01300–5 1.12 Manufacturer’s Field Reports 01300–5 1.13 Erection Drawings 01300–5 1.14 Reviewed Shop Drawings 01300–5 1.15 Submittal Checklist 01300–6 PART 2 – PRODUCTS Not Used. PART 3 – EXECUTION Not Used. - Page 241 -Item #20. 01300–1 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01300 - General Requirements.DOC GENERAL REQUIREMENTS SECTION 01300 – SUBMITTALS PART 1 – GENERAL 1.1 SECTION INCLUDES A. Submittal procedures. B. Construction progress schedules. C. Product Data. D. Shop Drawings. E. Samples. F. Design data. G. Test reports. H. Certificates. I. Manufacturer's instructions. J. Manufacturer's field reports. K. Erection drawings. 1.2 RELATED SECTIONS A. Section 01400 – Quality Control: Manufacturers' field services and reports. B. Section 01702 – Contract Closeout: Contract warranties, bonds, manufacturers’ certificates, and closeout submittals. 1.3 SUBMITTAL PROCEDURES A. Transmit each submittal with Engineer accepted form. B. Sequentially number the transmittal form. Revise submittals with original number and a sequential alphabetic suffix. Resubmit as specified for initial submittal. Indicate on revised drawings all changes which have been made other than those requested by the Engineer. C. Identify Project, Contractor, Subcontractor, or supplier; pertinent drawing and detail number, and specification section number, as appropriate. D. Apply Contractor's stamp, signed or initialed certifying that review, approval, verification of Products required, field dimensions, adjacent construction Work, and coordination of information is in accordance with the requirements of the - Page 242 -Item #20. 01300–2 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01300 - General Requirements.DOC Work and Contract Documents. Submittal without the Contractor’s stamp will be returned to Contractor without Engineer’s review. E. Make all submittals far enough in advance of scheduled dates for installation to provide all required time for reviews, for securing necessary approvals, for possible revision and resubmittal, and for placing orders and securing delivery. In scheduling, allow sufficient time for the Engineer’s review following the receipt of the submittal. Coordinate submission of related items. For each submittal for review, allow 15 days excluding delivery time to and from the Contractor. F. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. G. Provide space for Contractor and Architect/Engineer review stamps. H. When revised for resubmission, identify all changes made since previous submission. I. Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. 1.4 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial schedule in duplicate within 15 days after date established in Notice to Proceed. B. Revise and resubmit as required. C. Submit revised schedules with each Application for Payment, identifying changes since previous version. D. Submit a computer generated or horizontal bar chart with separate line for each section of Work, identifying first work day of each week. E. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Indicate the early and late start, early and late finish, float dates, and duration. F. Indicate estimated percentage of completion for each item of Work at each submission. G. Indicate submittal dates required for shop drawings, product data, samples, and product delivery dates, including those furnished by Owner and required by Allowances. 1.5 PRODUCT DATA A. Product Data for Review: 1. Submitted to Engineer for review for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. - Page 243 -Item #20. 01300–3 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01300 - General Requirements.DOC 2. After review, provide copies and distribute in accordance with SUBMITTAL PROCEDURES article above. B. Submit the number of copies which the Contractor requires, plus three copies which will be retained by the Engineer. C. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to p rovide information specific to this Project. D. Indicate Product utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. E. After review distribute in accordance with the Submittal Procedures article above. 1.6 SHOP DRAWINGS A. Contractor shall submit a minimum six (6) copies of each shop drawing to the Engineer for review. B. Submitted to Engineer for review for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. Review of shop drawings by Engineer shall not relieve Contractor of his responsibility for the accuracy of the shop drawings nor for the furnishing of all materials and equipment required by the contract even though such items may not be indicated on the shop drawings reviewed by Engineer. C. Shop drawings shall include applicable technical information, drawings, diagrams, performance curves, schedules, templates, calculations, instr uctions, measurements and similar information as applicable to the specific item for which the shop drawing is prepared. D. Do not use Engineer’s Drawings for shop or erection purposes. E. Each shop drawing copy shall bear a Contractor’s stamp showing they have been checked. Shop drawings submitted to the Engineer without the Contractor’s stamp will be returned to the Contractor without review. No review will be given to partial submittals of shop drawings for items which interconnect and/or are interdependent. It is the Contractor’s responsibility to assemble the shop drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to the Engineer. Schedule of Submittals: Within 30 days of Contract award and prior to any shop drawing submittal, the Contractor shall submit a schedule showing the estimated submittal date and the desired approval date for each shop drawing anticipated. Time lost due to unacceptable submittals shall be the Contractor’s responsibility. - Page 244 -Item #20. 01300–4 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01300 - General Requirements.DOC 1.7 SAMPLES A. Samples for Review: 1. Submitted to Engineer for review for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. 2. After review, produce duplicates and distribute in accordance with SUBMITTAL PROCEDURES article above. B. Samples For Information: 1. Submitted for the Engineer's knowledge as contract administrator or for the Owner. C. Include identification on each sample, with full Product information. D. Submit the number of samples specified in individual specification sections; one (1) of which will be retained by Engineer. E. Reviewed samples which may be used in the Work are indicated in individual specification sections. F. Samples will not be used for testing purposes unless specifically stated in the specification section. 1.8 DESIGN DATA A. Submit for the Engineer's knowledge as contract administrator or for the Owner. B. Submit for information for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents. 1.9 TEST REPORTS A. Submit for the Engineer's knowledge as contract administrator or for the Owner. B. Submit test reports for information for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents. 1.10 CERTIFICATES A. When specified in individual specification sections, submit certification by the manufacturer, installation/application subcontractor, or the Contractor to Engineer, in quantities specified for Product Data. B. Indicate material or Product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product but must be acceptable to Engineer. - Page 245 -Item #20. 01300–5 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01300 - General Requirements.DOC 1.11 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specification sections, submit printed instructions for delivery, storage, assembly, installation, start–up adjusting, and finishing, to Engineer for delivery to owner in quantities specified for Product Data. B. Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation. C. Refer to Section 01400 – Quality Control, Manufacturers' Field Services article. 1.12 MANUFACTURER'S FIELD REPORTS A. Submit reports for the Engineer's benefit as contract administrator or for the Owner. B. Submit report in duplicate within 30 days of observation to Engineer for information. C. Submit for information for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents. 1.13 ERECTION DRAWINGS A. Submit drawings for the Engineer's benefit as contract administrator or for the Owner. B. Submit for information for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents. C. Data indicating inappropriate or unacceptable Work may be subject to action by the Engineer or Owner. 1.14 REVIEWED SHOP DRAWINGS A. Engineer Review. 1. Acceptable submittals will be marked “No Exceptions Taken.” A minimum of three copies will be retained by the Engineer for Engineer’s and the Owner’s use and the remaining copies will be returned to the Contractor. 2. Submittals requiring minor corrections before the product is acceptable will be marked “Furnish as Corrected.” The Contractor may order, fabricate and ship the items included in the submittals, provided the indicated corrections are made. 3. Submittals marked “Revise and Resubmit” must be revised to reflect required changes and the initial review procedure repeated. 4. The “Rejected” notation is used to indicate products which are not acceptable. Upon return of a submittal so marked, the Contractor shall repeat the initial review procedure utilizing acceptable products. - Page 246 -Item #20. 01300–6 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01300 - General Requirements.DOC 5. Only two copies of items marked “Revise and Resubmit” and “Rejected” will be reviewed and marked. One copy will be retained by the Engineer and the other copy with all remaining unmarked copies will be returned to the Contractor for resubmittal. B. No Work or products shall be installed without a drawing or submittal bearing the “No Exceptions Taken” or “Furnish as Corrected” notation. The Contractor shall maintain at the job site a complete set of shop drawings bearing the Engineer’s stamp. C. Substitutions: In the event the Contractor obtains the Engineer’s approval for the use of products other than those which are listed first in the Contract Documents, the Contractor shall, at the Contractor’s own expense and using methods approved by the Engineer, make any changes to structures, piping and electrical work that may be necessary to accommodate these products. D. Use of the “No Exceptions Taken” or “Furnish as Corrected” notation on shop drawings or other submittals is general and shall not relieve the Contractor of the responsibility of furnishing products of the proper dimension, size, quality, quantity, materials and all performance characteristics, to efficiently perform the requirements and intent of the Contract Documents. The Engineer’s review shall not relieve the Contractor of the responsibility of errors of any kind on the shop drawings. Review is intended only to assure conformance with the design concept of the Project and compliance with the information given in the Contract Documents. 1.15 SUBMITTAL CHECKLIST Section Submittal Date Received by T & H Accepted/Correct ed Submittal Returned to Owner/Contractor Submittal Rejected & Returned Comments 11102 Mechanical Bar Screen Submit all Components as Needed Per Specs PART 2 – PRODUCTS Not Used. PART 3 – EXECUTION Not Used. END OF SECTION - Page 247 -Item #20. Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01400 - Quality Control.DOC INDEX TO SECTION 01400 – QUALITY CONTROL Paragraph Title Page PART 1 – GENERAL 1.1 Section Includes 01400–1 1.2 Related Sections 01400–1 1.3 Quality Assurance – Control of Installation 01400–1 1.4 Tolerance 01400–1 1.5 References and Standards 01400–2 1.6 Testing Services 01400–2 1.7 Manufacturer’s Field Services 01400–3 PART 2 – PRODUCTS Not Used. PART 3 – EXECUTION 3.1 Examination 01400–3 3.2 Preparation 01400–3 - Page 248 -Item #20. 01400–1 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01400 - Quality Control.DOC SECTION 01400 QUALITY CONTROL PART 1 – GENERAL 1.1 SECTION INCLUDES A. Quality assurance – control of installation. B. Tolerances C. References and standards. D. Testing laboratory services. E. Manufacturers' field services. 1.2 RELATED SECTIONS A. Section 01300 – Submittals: Submission of manufacturers' instructions and certificates. B. Section 01410 – Testing Services 1.3 QUALITY ASSURANCE – CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, Products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply with manufacturers' instructions, including each step-in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Engineer before proceeding. D. Comply with specified standards as minimum quality for the Work except where more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Perform Work by persons qualified to produce required and specified quality. F. Verify that field measurements are as indicated on shop drawings or as instructed by the manufacturer. G. Secure Products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, or disfigurement. 1.4 TOLERANCES A. Monitor fabrication and installation tolerance control of Products to produce acceptable Work. Do not permit tolerances to accumulate. - Page 249 -Item #20. 01400–2 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01400 - Quality Control.DOC B. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with Contract Documents, request clarification from Architect/Engineer before proceeding. C. Adjust Products to appropriate dimensions; position before securing Products in place. 1.5 REFERENCES AND STANDARDS A. For Products or workmanship specified by association, trades, or other consensus standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard by date of issue current on date for receiving bids, except where a specific date is established by code. C. Obtain copies of standards where required by product specification sections. D. Neither the contractual relationships, duties, nor responsibilities of the parties in Contract nor those of the Architect/Engineer shall be altered from the Contract Documents by mention or inference otherwise in any reference document. 1.6 TESTING SERVICES A. Contractor will appoint and employ services of an independent firm to perform testing. Contractor shall pay for testing services required by the specifications B. The independent firm will perform tests and other services specified in individual specification sections and as required by the Owner. C. Testing and source quality control may occur on or off the project site. Perform off–site testing as required by the Owner. D. Reports will be submitted by the independent firm to the Engineer and Contractor, in duplicate, indicating observations and results of tests and indicating compliance or non–compliance with Contract Documents. E. Cooperate with independent firm; furnish samples of materials, design mix, equipment, tools, storage, safe access, and assistance by incidental labor as requested. 1. Notify Architect/Engineer and independent firm 48 hours prior to expected time for operations requiring services. 2. Make arrangements with independent firm and pay for additional samples and tests required for Contractor's use. F. Testing does not relieve Contractor to perform Work to contract requirements. G. Re–testing required because of non–conformance to specified requirements shall be performed by the same independent firm on instructions by the Engineer. Payment for re–testing will be made by the Contractor. - Page 250 -Item #20. 01400–3 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01400 - Quality Control.DOC 1.7 MANUFACTURERS' FIELD SERVICES A. When specified in individual specification sections, require material or Product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, start– up of equipment, test, adjust and balance of equipment and pump station drawdown testing as applicable, and to initiate instructions when necessary. B. Submit qualifications of observer to Engineer 30 days in advance of required observations. Observer subject to approval of Engineer. C. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. D. Refer to Section 01300 – SUBMITTALS, MANUFACTURERS' FIELD REPORTS article. PART 2 – PRODUCTS Not Used. PART 3 – EXECUTION 3.1 EXAMINATION A. Verify that existing site conditions and substrate surfaces are acceptable for subsequent Work. Beginning new Work means acceptance of existing conditions. B. Verify that existing substrate is capable of structural support or attachment of new Work being applied or attached. C. Examine and verify specific conditions described in individual specification sections. D. Verify that utility services are available, of the correct characteristics, and in the correct locations. 3.2 PREPARATION A. Clean substrate surfaces prior to applying next material or substance. B. Seal cracks or openings of substrate prior to applying next material or substa nce. C. Apply manufacturer required or recommended substrate primer, sealer, or conditioner prior to applying any new material or substance in contact or bond. END OF SECTION - Page 251 -Item #20. Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01702 - Contract Closeout.DOC INDEX TO SECTION 01702 – CONTRACT CLOSEOUT Paragraph Title Page PART 1 – GENERAL 1.1 Section Includes 01702–1 1.2 Related Sections 01702–1 1.3 Closeout Procedures 01702–1 1.4 Final Cleaning 01702–1 1.5 Adjusting 01702–1 1.6 Project Record Documents 01702–2 1.7 Operation and Maintenance Data 01702–2 1.8 Spare Parts and Maintenance Products 01702–3 1.9 Warranties and Bonds 01702–3 1.10 Maintenance Service 01702–4 PART 2 – PRODUCTS Not Used. PART 3 – EXECUTION Not Used. - Page 252 -Item #20. 01702–1 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01702 - Contract Closeout.DOC SECTION 01702 CONTRACT CLOSEOUT PART 1 – GENERAL 1.1 SECTION INCLUDES A. Closeout procedures. B. Project record documents. C. Operation and maintenance data. D. Warranties and bonds. E. Maintenance service. 1.2 RELATED SECTIONS A. Section 01300 – Submittals B. Section 506 – Standard Agreement between Owner and Contractor. C. Operation and Maintenance Data. D. Warranties. E. Bonds. 1.3 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Engineer's review. B. Provide submittals to Engineer that are required by governing or other authorities. C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.4 FINAL CLEANING A. Execute final cleanup prior to final project assessment. B. Remove waste and surplus materials, rubbish, and construction facilities from the site. 1.5 ADJUSTING A. Adjust operating Products and equipment to ensure smooth and unhindered operation. - Page 253 -Item #20. 01702–2 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01702 - Contract Closeout.DOC 1.6 PROJECT RECORD DOCUMENTS A. Maintain on site one set of the following record documents; record actual revisions to the Work: 1. Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the Contract. 5. Reviewed Shop Drawings, Product Data, and Samples. 6. Manufacturer's instruction for assembly, installation, and adjusting. B. Ensure entries are complete and accurate, enabling future reference by Owner. C. Store record documents separate from documents used for construction. D. Record information concurrent with construction progress. E. Equipment Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and modifications. F. Project Record Drawings and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 3. Field changes of dimension and detail. 4. Details not on original Contract drawings. 5. Piling data; locations, tip and cut–off elevations, driving records. G. Submit documents to Engineer with claim for final Application for Payment. 1.7 OPERATION AND MAINTENANCE DATA A. Submit data on 8–1/2 x 11-inch text pages, bound in appropriately sized 3–ring binders with durable plastic covers. B. Prepare binder cover with printed title "OPERATION AND MAINTENANCE INSTRUCTIONS," title of project Indicate subject matter of binder when multiple binders are required. C. Internally subdivide the binder contents with permanent page dividers, logically organized as described below; with tab titling clearly printed under reinforced laminated plastic tabs. - Page 254 -Item #20. 01702–3 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01702 - Contract Closeout.DOC D. Contents: Prepare a Table of Contents for each volume, with each Product or system description identified, typed on white paper, in three parts as follows: 1. Part 1: Directory, listing names, addresses, and telephone numbers of Engineer, Contractor, Subcontractors, and major equipment suppliers. 2. Part 2: Operation and maintenance instructions arranged by system and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: a. Significant design criteria. b. List of equipment. c. Parts list for each component. d. Operating instructions. e. Maintenance instructions for equipment and systems. f. Maintenance instructions for [special] finishes, including recommended cleaning methods and materials, and special precautions identifying detrimental agents. 3. Part 3: Project documents and certificates, including the following: a. Shop drawings and product data. b. Air and water balance reports. c. Certificates. d. Originals of warranties and bonds. E. Submit one (1) draft copy of completed volumes 15 days with prior to final inspection. This copy will be reviewed and returned [after final inspection], with Engineer comments. Revise content of all document sets as required prior to final submission. F. Submit three (3) sets of revised final volumes, within 10 days after final inspection. 1.8 SPARE PARTS AND MAINTENANCE PRODUCTS A. Provide spare parts, maintenance, and extra Products in quantities specified in individual specification sections. B. Deliver to Project site and place in location as directed by City Engineer; obtain receipt prior to final payment. 1.9 WARRANTIES AND BONDS A. Provide duplicate notarized copies. B. Execute and assemble transferable warranty documents from Subcontractors, suppliers, and manufacturers. C. Provide Table of Contents and assemble in three D side ring binder with durable plastic cover. - Page 255 -Item #20. 01702–4 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01702 - Contract Closeout.DOC D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within 10 days after acceptance, listing date of acceptance as start of warranty period. 1.10 MAINTENANCE SERVICE A. Furnish service and maintenance of components indicated in specification sections for one (1) year from date of Substantial Completion. B. Examine system components at a frequency consistent with reliable operation. Clean, adjust, and lubricate as required. C. Include systematic examination, adjustment, and lubrication of components. Repair or replace parts whenever required. Use parts produced by the manufacturer of the original component. D. Maintenance service shall not be assigned or transferred to any agent or Subcontractor without prior written consent of the Owner. PART 2 – PRODUCTS Not Used. PART 3 – EXECUTION Not Used. END OF SECTION - Page 256 -Item #20. Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01730- O&M.DOC INDEX TO SECTION 01730 – OPERATION AND MAINTENANCE Paragraph Title Page PART 1 – GENERAL 1.1 Section Includes 01730–1 1.2 Related Sections 01730–1 1.3 Quality Assurance 01730–1 1.4 Format 01730–1 1.5 Contents of Each Volume 01730–2 1.6 Manual for Materials and Finishes 01730–2 1.7 Manual for Equipment and Systems 01730–3 1.8 Instruction of Owner Personnel 01730–4 1.9 Submittals 01730–4 1.10 Schedule of Submittals 01730–4 PART 2 – PRODUCTS Not Used. PART 3 – EXECUTION Not Used. - Page 257 -Item #20. 01730–1 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01730- O&M.DOC SECTION 01730 OPERATION AND MAINTENANCE PART 1 – GENERAL 1.1 SECTION INCLUDES A. Format and content of manuals. B. Instruction of Owner's personnel. C. Schedule of submittals. 1.2 RELATED SECTIONS A. Section 01300 – Submittals: Submittals procedures. Shop drawings, product data, and samples. B. Section 01400 – Quality Control. C. Section 01702 – Contract Closeout: Contract closeout procedures, project record documents. D. Section 01740 – Warranties. E. Section 01741 – Bonds. F. Individual Specifications Sections: Specific requirements for operation and maintenance data. 1.3 QUALITY ASSURANCE A. Prepare instructions and data by personnel experienced in maintenance and operation of described products. 1.4 FORMAT A. Prepare data in the form of an instructional manual. B. Binders: Commercial quality, 8–1/2 x 11 appropriately sized three D side ring binders with durable plastic covers. When multiple binders are used, correlate data into related consistent groupings. C. Cover: Identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; identify title of Project; identify subject matter of contents. D. Provide tabbed dividers for each separate product and system, with typed description of product and major component parts of equipment. - Page 258 -Item #20. 01730–2 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01730- O&M.DOC E. Text: Manufacturer's printed data, or typewritten data on 24-pound paper. F. Drawings: Provide with reinforced punched binder tab. Bind in with text; fold larger drawings to size of text pages. G. Arrange content by systems under section numbers and sequence of Table of Contents of this Project Manual. 1.5 CONTENTS OF EACH VOLUME A. Table of Contents: Provide title of Project; names, addresses, and telephone numbers of Architect/Engineer, Subconsultants, and Contractor with name of responsible parties; schedule of products and systems, indexed to content of the volume. B. For Each Product or System: List names, addresses and telephone numbers of Subcontractors and suppliers, including local source of supplies and replacement parts. C. Product Data: Mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. D. Drawings: Supplement product data to illustrate relations of component parts of equipment and systems, to show control and flow diagrams. Do not use Project Record Documents as maintenance drawings. E. Typed Text: As required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions. F. Warranties: Bind in copy of each. G. Bonds: Bind in original of each. 1.6 MANUAL FOR MATERIALS AND FINISHES A. Building Products, Applied Materials, and Finishes: Include product data, with catalog number, size, composition, and color and texture designations. Provide information for re–ordering custom manufactured Products. B. Instructions for Care and Maintenance: Include manufacturer's recommendations for cleaning agents and methods, precautions against detrimental agents and methods, and recommended schedule for cleaning and maintenance. C. Moisture Protection and Weather Exposed Products: Include prod uct data listing applicable reference standards, chemical composition, and details of installation. Provide recommendations for inspections, maintenance, and repair. D. Additional Requirements: As specified in individual Product specification sections. - Page 259 -Item #20. 01730–3 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01730- O&M.DOC E. Provide a listing in Table of Contents for design data, with tabbed fly sheet and space for insertion of data. 1.7 MANUAL FOR EQUIPMENT AND SYSTEMS A. Each Item of Equipment and Each System: Include description of unit or system, and component parts. Identify function, normal operating characteristics, and limiting conditions. Include performance curves, with engineering data and tests, and complete nomenclature and model number of replaceable parts. B. Panelboard Circuit Directories: Provide electrical service characteristics, controls, and communications; typed. C. Include color coded wiring diagrams as installed. D. Operating Procedures: Include start–up, break–in, and routine normal operating instructions and sequences. Include regulation, control, stopping, sh ut–down, and emergency instructions. Include summer, winter, and any special operating instructions. E. Maintenance Requirements: Include routine procedures and guide for preventative maintenance and trouble shooting; disassembly, repair, and reassembly instructions; and alignment, adjusting, balancing, and checking instructions. F. Provide servicing and lubrication schedule, and list of lubricants required. G. Include manufacturer's printed operation and maintenance instructions. H. Include sequence of operation by controls manufacturer. I. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. J. Provide control diagrams by controls manufacturer as installed. K. Provide Contractor's coordination drawings, with color coded piping diagrams as installed. L. Provide charts of valve tag numbers, with location and function of each valve, keyed to flow and control diagrams. M. Provide list of original manufacturer's spare parts, current prices, and recommended quantities to be maintained in storage. N. Include test and balancing reports. O. Additional Requirements: As specified in individual Product specification sections. P. Provide a listing in Table of Contents for design data, with tabbed dividers and space for insertion of data. - Page 260 -Item #20. 01730–4 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01730- O&M.DOC 1.8 INSTRUCTION OF OWNER PERSONNEL A. Before final inspection, instruct Owner's designated personnel in operation, adjustment, and maintenance of products, equipment, and systems, at agreed upon times. B. For equipment requiring seasonal operation, perform instructions for other seasons within six (6) months. C. Use operation and maintenance manuals as basis for instruction. Review contents of manual with personnel in detail to explain all aspects of operation and maintenance. D. Prepare and insert additional data in Operation and Maintenance Manual when need for such data becomes apparent during instruction. 1.9 SUBMITTALS A. Submit two (2) copies of preliminary draft or proposed formats and outlines of contents before start of Work. Architect/Engineer will revi ew draft and return one copy with comments. B. For equipment, or component parts of equipment put into service during construction and operated by Owner, submit documents within ten days after acceptance. C. Submit one (1) copy of completed volumes 15 days prior to final inspection. This copy will be reviewed and returned after final inspection, with Architect/Engineer comments. Revise content of all document sets as required prior to final submission. D. Submit three (3) sets of revised final volumes in final form within ten (10) days after final inspection. 1.10 SCHEDULE OF SUBMITTALS A. Section 11102 – Mechanical Bar Screen PART 2 – PRODUCTS Not Used. PART 3 – EXECUTION Not Used. END OF SECTION - Page 261 -Item #20. Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01740- Warranties.DOC INDEX TO SECTION 01740 – WARRANTIES Paragraph Title Page PART 1 – GENERAL 1.1 Section Includes 01740–1 1.2 Related Sections 01740–1 1.3 Form of Submittals 01740–1 1.4 Preparation of Submittals 01740–1 1.5 Time of Submittals 01740–2 PART 2 – PRODUCTS Not Used. PART 3 – EXECUTION Not Used. - Page 262 -Item #20. 01740–1 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01740- Warranties.DOC SECTION 01740 WARRANTIES PART 1 – GENERAL 1.1 SECTION INCLUDES A. Preparation and submittal of warranties. B. Time and schedule of submittals. 1.2 RELATED SECTIONS A. General Conditions – EJCDC: Warranties and correction of work. B. Section 01702 – Contract Closeout: Contract closeout procedures. C. Section 01730 – Operation and Maintenance Data. D. Individual Specifications Sections: Warranties required for specific Products or Work. 1.3 FORM OF SUBMITTALS A. Bind in commercial quality 8–1/2 x 11 appropriately sized three D side ring binders with durable plastic covers. B. Cover: Identify each binder with typed or printed title WARRANTIES with title of Project; name, address and telephone number of Contractor and equipment supplier; and name of responsible company principal. C. Table of Contents: Neatly typed, in the sequence of the Table of Contents of the Project Manual, with each item identified with the number and title of the specification section in which specified, and the name of Pr oduct or work item. D. Separate each warranty with index tab sheets keyed to the Table of Contents listing. Provide full information, using separate typed sheets as necessary. List Subcontractor, supplier, and manufacturer, with name, address, and telephon e number of responsible principal. 1.4 PREPARATION OF SUBMITTALS A. Obtain warranties executed in duplicate by responsible Subcontractors, suppliers, and manufacturers, within ten days after completion of the applicable item of work. Except for items put into use with Owner's permission, leave date of beginning of time of warranty until the Date of Substantial completion is determined. B. Verify that documents are in proper form, contain full information, and are notarized. - Page 263 -Item #20. 01740–2 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01740- Warranties.DOC C. Co–execute submittals when required. D. Retain warranties until time specified for submittal. 1.5 TIME OF SUBMITTALS A. For equipment or component parts of equipment put into service during construction with Owner's permission, submit documents within ten days after acceptance. B. Make other submittals within ten days after Date of Substantial Completion, prior to final Application for Payment. C. For items of Work for which acceptance is delayed beyond Date of Substantial Completion, submit within ten days after acceptance, listing the date of acceptance as the beginning of the warranty period. PART 2 – PRODUCTS Not Used. PART 3 – EXECUTION Not Used. END OF SECTION - Page 264 -Item #20. Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01741- Bonds.DOC INDEX TO SECTION 01741 – BONDS Paragraph Title Page PART 1 – GENERAL 1.1 Section Includes 01741–1 1.2 Related Sections 01741–1 1.3 Form of Submittals 01741–1 1.4 Preparation of Submittals 01741–1 1.5 Time of Submittals 01741–2 1.6 Schedule of Submittals 01741–2 PART 2 – PRODUCTS Not Used. PART 3 – EXECUTION Not Used. - Page 265 -Item #20. 01741–1 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01741- Bonds.DOC SECTION 01741 BONDS PART 1 – GENERAL 1.1 SECTION INCLUDES A. Preparation and submittal of bonds. B. Time and schedule of submittals. 1.2 RELATED SECTIONS A. Document 00021 – Invitation to Bid: 00110 – Instruction to Bidders: Bid bonds. B. Document General Conditions – EJCDC: Performance bond and labor and material payment bonds. C. Section 01702 – Contract Closeout: Contract closeout procedures. D. Section 01730 – Operation and Maintenance Data. E. Individual Specifications Sections: Bonds required for specific Products or Work. 1.3 FORM OF SUBMITTALS A. Bind in commercial quality 8–1/2 x 11 appropriately sized three D side ring binders with durable plastic covers. B. Cover: Identify each binder with typed or pri nted title BONDS with title of Project; name, address and telephone number of Contractor and equipment supplier; and name of responsible company principal. C. Table of Contents: Neatly typed, in the sequence of the Table of Contents of the Project Manual, with each item identified with the number and title of the specification section in which specified, and the name of Product or work item. D. Separate each bond with index tab sheets keyed to the Table of Contents listing. Provide full information, using separate typed sheets as necessary. List Subcontractor, supplier, and manufacturer, with name, address, and telephone number of responsible principal. 1.4 PREPARATION OF SUBMITTALS A. Obtain bonds executed in duplicate by responsible Subcontractors, suppliers, and manufacturers, within ten days after completion of the applicable item of work. Except for items put into use with Owner's permission, leave date of beginning of time of bond until the Date of Substantial completion is determined. - Page 266 -Item #20. 01741–2 Z:\28051\28051.0000\Documents\Bar Screen\Specs\Front Ends\01741- Bonds.DOC B. Verify that documents are in proper form, contain full information, and are notarized. C. Co–execute submittals when required. D. Retain bonds until time specified for submittal. 1.5 TIME OF SUBMITTALS A. For equipment or component parts of equipment put into service during construction with Owner's permission, submit documents within ten days after acceptance. B. Make other submittals within ten days after Date of Substantial Completion, prior to final Application for Payment. C. For items of Work for which acceptance is delayed beyond Date of Substantial Completion, submit within ten days after acceptance, listing the date of acceptance as the beginning of the bond period. 1.6 SCHEDULE OF SUBMITTALS A. Section 02731 – Wastewater Collection System PART 2 – PRODUCTS Not Used. PART 3 – EXECUTION Not Used. END OF SECTION - Page 267 -Item #20. 11102 – 1 Z:\28051\28051.0000\Documents\Bar Screen\Specs\11102 - Mechanical Bar Screen.docx SECTION 11102 MECHANICAL FINE SCREEN AND WASHER/COMPACTOR PART 1 – GENERAL 1.1 SECTION DESCRIPTION A. Manufacturer shall provide one (1) inclined bar screen front cleaning, downstream return, with motors, controls and appurtenances as indicated and specified. B. Manufacturer shall provide one (1) washer/compactor, with motors, controls and appurtenances as indicated and specified. C. The screen and control panels shall be a complete factory manufactured. D. All equipment supplied under this section shall be furnished by or through a single screening system manufacturer who shall coordinate with the contractor, the design, fabrication, delivery, installation, and testing of the screening components. 1.2 REFERENCES SPECIFICATIONS, CODES, AND STANDARDS A. American Gear Manufacturers Association (AGMA) B. National Electrical Manufacturers Association (NEMA) C. American Federation of Bearing Manufacturers Association (AFBMA) D. American Society for Testing and Materials (ASTM) E. Underwriters Laboratory (UL) 1.3 SUBMITTALS A. Submit the following shop drawings: 1. Certified shop and erection drawings. Manufacturer shall submit electronic files of the proposed equipment in the capacity, size, and arrangement as indicated and specified. Drawings should include size of the frame, material, and assembly weight. 2. Characteristics’ product data. 3. Pre–operating and maintenance instruction. The document shall include: a. Visual pictures disassembly for the maintenance - Page 268 -Item #20. 11102 – 2 Z:\28051\28051.0000\Documents\Bar Screen\Specs\11102 - Mechanical Bar Screen.docx b. Recommendations for short and long–term storage c. Graphics describing equipment operation d. Summary check list for the unpacking assembly and commissioning e. Equipment weight and lifting points for installation and removal purposes f. Shop and field–testing procedures, set up and equipment to be used 4. Hydraulic calculations verifying compliance to the design criteria. 5. Gear motor data including service factor, efficiency, torque rating and materials. 6. Control panel drawings. Schematic control and power wiring diagrams including interconnecting and internal wiring diagrams. 7. List of spare parts provide with the equipment at delivery. 8. Prefilled certificate of warranty 9. Listing of references installations as specified with contact names and telephone numbers. 1.4 SPARE PARTS A. Spare parts shall be provided and be interchangeable with similar parts installed: 1. One (1) HDPE (high–density polyethylene) rectangular scraper pad. 2. One (1) HDPE top protection scraper. 3. One (1) Stainless steel length of teeth. 4. Two (2) HDPE guide chain for links. 5. two (2) solenoid valves. 6. Two (2) ball valves. 7. One (1) HDPE U auger. - Page 269 -Item #20. 11102 – 3 Z:\28051\28051.0000\Documents\Bar Screen\Specs\11102 - Mechanical Bar Screen.docx 1.5 QUALITY ASSURANCE A. Equipment specified shall be the product of one (1) manufacturer. B. Owner shall obtain the screens, motors, and appurtenances from the mechanically cleaned screen manufacturer, as a complete and integrated package to insure proper coordination and compatibility and operation of the system. C. Equipment specified shall be manufacturer’s standard cataloged product and modified to provide compliance with the drawings, specifications and the service conditions specified and indicated. D. Shop tests as specified. E. Service of a factory–trained technician shall be provided and specifically trained on type of equipment specified. F. Equipment control panel shall be UL listed. G. Fabrication shall follow all applicable ASTM 967 standards. H. Factory welding shall use shielded arc, inert gas, TIG method. I. All stainless–steel subassemblies shall be acid passivated after welding for corrosion resistance and to provide a superior surface finish. The passivation shall be done by using an acid passivation paste in the weld and heat–affected areas and spray– on acid solutions elsewhere. After passivation, the welding shall be thoroughly rinsed with clean water and allowed to air dry. J. The equipment furnished shall be fabricated, assembled, installed and placed in proper operation condition in full conformity with approved drawings, specifications, engineering data, and/or recommendations furnished by the equipment manufacturer. 1.6 WARRANTY A. Manufacturer shall provide a written one (1) year standard warranty from the date of use of the mechanically cleaned bar screen equipment to guarantee that there shall be no defects in material or workmanship in any item supplied. PART 2 – PRODUCTS 2.1 SYSTEM DESCRIPTION A. Screening system capacities and operating data shall be indicated in the mechanically cleaned screen schedule. B. The inclined bar screen shall be installed in the channel as specified and indicated. - Page 270 -Item #20. 11102 – 4 Z:\28051\28051.0000\Documents\Bar Screen\Specs\11102 - Mechanical Bar Screen.docx C. Service: Screen raw wastewater. D. Inclined cleaned screen with submerged bearings/sprocket will be excluded due to a regular maintenance at the bottom. E. Inclined screen with no curved bars at the bottom will be automatically excluded. F. The tracks at the bottom shall have minimum turning radius of 10 inches to catch the wastes underneath . G. The mechanical bar screen with no HDPE tracks at the bottom and unable to collect trashes over a minimum length of 1.6 feet on the channel floor is not acceptable. A system that flex around big debris will be excluded. Jam situation are avoided by underneath collection debris. H. Screen shall discharge in a conveyor. I. The screen shall be able to operate with the screen 30 percent blinded. J. The inclined bar screen shall be front–clean, back discharge, and installed in the existing channel. K. Inclined bar screen with an inclination different from 75⁰ angle is not acceptable. L. Inclined bar screen with no scraper to remove the waste from the multiple rakes are not acceptable. Waste discharge by gravity will be excluded automatically. M. Operator Shall be able to add and/or remove length of teeth from the back cover. N. Single rake technology is not acceptable. O. The screen technology shall be straight bars after the curved bars at the bottom. Equipment without a curved screen will be excluded. P. The equipment shall have a back cover for inspection with an integrate safety stop. Back cover that need to be unbolt is not acceptable. 2.2 MANUFACTURERS A. Aqualitec Corp. – Multiple Rake Screen Raketec DI 500 and Washer/Compactor Compactec CC200. B. Or pre–approved equal. Screening and Washer/Compactor manufacturer seeking pre–approval must submit application a minimum of two (2) weeks prior to bid day. Charges for additional engineering to alter site plans to meet the intention of the specifications shall be at the cost of the manufacturer requesting such change. No screening manufacturer alternate will be accepted on bid date. - Page 271 -Item #20. 11102 – 5 Z:\28051\28051.0000\Documents\Bar Screen\Specs\11102 - Mechanical Bar Screen.docx 2.3 SCREEN CONSTRUCTION A. General 1. Screen: Shall mechanically front–clean and back–discharge. 2. Mechanically cleaned screen shall be front cleaning since the debris are blocked on the upstream side of the screen as the raw sewage flows through the channel. 3. Screenings shall be discharged on the downstream side of screen through discharge chute to a conveyor. B. Chain links, rollers 1. The chain links shall be made of 304L stainless steel and shall be segmented for maintenance. The rollers shall also be made in 304L stainless steel. The chain shall be made and assembled by only one specialized manufacturer. C. Rakes 1. The debris shall be removed from the bar screen by multiple rakes designed to fit with the curved bars at the bottom and the straight bars in a second time. The multiple rake screen assembly engage and clean the front, or the upstream side of the bar screen. 2. The teeth of the rakes shall go through the screen but not touch it to limit the wear of the bars. Equipment with teeth/rakes touching the screen will be excluded automatically. 3. For an easy replacement of the teeth, the length of the rake shall be divided in 3 or 4 lengths of teeth. Rake with only the possibility to replace the entire teeth length is not acceptable. D. Discharge Chute 1. Discharge chute shall be added to divert screenings from screen to self– dumping hopper. 2. Discharge chute material: shall be of type 304L stainless steel with a minimum thickness of 1/8”. E. Scraper 1. A scraper shall be installed to assist removing the debris from the rakes. 2. The scraper structure shall be 304L stainless steel and the HDPE part shall penetrate completely in the shovel rake to insure effective debris removal. F. Frame 1. The side frames shall be suitably reinforced to support all loads imposed on - Page 272 -Item #20. 11102 – 6 Z:\28051\28051.0000\Documents\Bar Screen\Specs\11102 - Mechanical Bar Screen.docx the mechanism during operation, installation, assembly, or transportation. 2. The inclined bar screen frame shall be tubular and in 304L stainless steel. 3. Anchor support frames onto the operating floor shall be of type 304L stainless steel hardware. 4. Screen frame shall be supplied in one (1) piece. 5. Screen Enclosure: screen shall be fully enclosed above the operating floor with hinged access door. G. Bottom frame 1. The bottom frame shall be able to collect the trashes from below over a length of 1.6’ on the floor in front of the curved screen. Multi rakes without this collecting capacity will be excluded automatically. H. Bar Rack and Baseplate 1. Material: Shall be of type 304L stainless steel. 2. The bar screen shall consist of rectangular 304L stainless steel bars with a total width of 2’ and a thickness of 0.5" x 2 ". 3. The bar screen shall be firmly fastened at top and bottom. 4. Bar spacing shall be as specified. Provide screens accurately constructed to provide a clear spacing of ¼’’ between the bars. 5. The bars shall be straight front view and cover the full equipment width. I. Dead Plate 1. Bar screens shall have a dead plate and stiffeners construct of 304L stainless steel with a minimum thickness of 1/8”. 2. The dead plate shall be 1/8” thick in 304L stainless steel and extends from the top of the bar rake to the point of discharge. 3. The deal plate shall have in addition a tubular frame and gussets in stainless steel to improve the stiffness and lifetime. Simple dead plate will not be accepted. J. Side seal/Baffles 1. To prevent bypass around the sides of the unit, rubber seals shall be mounted on the upstream face of the screen and on each side of the unit. 2. The seals shall be secured in place by backing plates and constructed of 304L stainless steel. - Page 273 -Item #20. 11102 – 7 Z:\28051\28051.0000\Documents\Bar Screen\Specs\11102 - Mechanical Bar Screen.docx K. Anchors, Bolts and Nuts 1. Anchors, bolts, nuts, lock washers shall be 304L stainless steel. L. Mechanism 1. The mechanism shall consist of multiple teeth’ rakes, rubber rakes and/or brushes attached every foot to two (2) heavy–duty segmented roller chain link. 2. The roller chain link shall be driven by a shaft drive that is used to transmit a rotational motion. 3. The inclined bar screen shall be equipped of one rail/track to guide the chain to limit the wear and so avoid chain replacement. An inclined bar screen without rail/track to guide the chain will be excluded automatically. 4. The rails/track at the top and bottom shall be made of high–density polyethylene (HDPE). 5. The rollers of the chain shall be made of 304L stainless steel. 6. The system shall have no metallic lower bearings and no lower moving sprockets. Equipment with submerged cogwheel will be excluded. 7. For an easy maintenance, each length of teeth shall be removable or replaceable from the back hood/cover. 8. A scraper is placed at the point of discharge to clean the screening located on the rakes. 9. The bearing at the top shall be protected from the weather by a cover. 10. Screening equipment shall be able to pivot out of the channel. M. Pivotable feet 1. Feet shall be pivotable. 2. Feet shall be adjustable to be able to make some site adjustments. N. Protection 1. The inclined bar screen shall run with a VFD to increase the life of the gear motor and the bar screen. 2. The VFD shall have the appropriate parameters for the electrical motor. - Page 274 -Item #20. 11102 – 8 Z:\28051\28051.0000\Documents\Bar Screen\Specs\11102 - Mechanical Bar Screen.docx 2.4 WASHER/COMPACTOR SYSTEM DESCRIPTION A. Washer/Compactor shall be installed as specified and indicated on the drawings. B. Service: Washer/Compactor shall reduce the volume of screenings. The volume reduction shall be at least 50% and shall have a dry solid concentration of at least 30%. C. Screenings shall enter in the inlet hopper and shall be conveyed and washed by the shaft less screw and go to the compaction zone. D. The captured solids shall be compacted, dewatered and discharged. E. The compaction zone shall have a strainer to humidify the trashes during compaction. F. A cover for inspection shall be here to check the compacted trashes in the screen. G. 2.5 WASHER/COMPACTOR CONSTRUCTION A. General 1. Screenings shall be conveyed by a shaft less screw that operates in the forward direction. Then, the captured solids shall be washed, compacted, dewatered and discharged in a dumpster. 2. Washer Compactor shall have a total length of 11’ and a 103° angle. B. Inlet Hopper 1. The inlet hopper shall guide the trashes from the discharge to the transport tube. The gap between the inlet hopper and the conveyor discharge chute shall be no larger than ¼” to keep a perfect odor control. The inlet hopper shall be made of 304L stainless steel. C. Transport tube 1. The transport tube shall be made of type 304L stainless steel with a diameter not less than 8’’ and a thickness of ¼”. 2. High density polyethylene (HDPE) shall cover the bottom of the transport tube to avoid wear and noise. Equipment without this HDPE will be excluded. 3. The easily adjustable compression gate with weight shall allow the screenings to be compacted and a perforated sheet strainer to dewater the trashes. D. Auger - Page 275 -Item #20. 11102 – 9 Z:\28051\28051.0000\Documents\Bar Screen\Specs\11102 - Mechanical Bar Screen.docx 1. The shaft less auger shall be made of alloy steel with a protective polyurethane painting. E. Spray Bars 1. The wash zone shall include a spray wash system to wash organic residue from screenings. This spray bars shall activate during the screw rotation to increase the washing efficiency. 2. The compaction zone shall include a spray bar to clean the perforated tube. 3. The Washer/Compactor shall be directed by a timer. During peak loading conditions, the frequency of compaction and washing shall be adjusted. 4. Two (2) solenoid valves shall be located on the top of the Washer/Compactor to allow spray bars to work properly on the transport tube and on the perforated sheet strainer. Solenoid voltage shall be 120V 60hz and Normally closed. 5. The water supply shall deliver 3 to 5 GPM assuming supply pressure is 40 to 60 PSI at the two ¾ inch connection. ¾ inch will be the connection size for the spray bar of the washing zone and for the compaction zone. 6. Two (2) ball valves shall be provided and connected before the solenoid valves to close the water in emergency and/or limit flow inlet. 7. Drainpipes and fittings of the equipment shall be in PVC and have only one exit at the lowest point. F. Perforated tube compaction zone 1. The compaction zone shall be designed with a perforated screen tube that allows liquid of the trashes to evacuate. Equipment without this perforated strainer will be excluded. 2. The drain box system shall include two (2) ball valves. One to close the automatic drain ball valve (during Summer). A second one to isolate th e solenoid valve (case of replacement) G. Pivotable feet 1. Feet shall be pivotable. 2. Feet shall be adjustable to be able to make some site adjustments. H. Anchors, Bolts and Nuts 1. Bolts, nuts, and Anchors shall be in stainless steel. - Page 276 -Item #20. 11102 – 10 Z:\28051\28051.0000\Documents\Bar Screen\Specs\11102 - Mechanical Bar Screen.docx 2.6 DRIVE SYSTEM A. Motor 1. Motor shall be explosion proof – SEW Gear Motor. 2. Motor shall have premium efficiency with nominal and minimum efficiencies per NEMA MG1. 3. Rating: 480V, 3–ph, 60 Hz 4. Motor Requirements: 0.75 HP maximum to limit the electricity consumption. Higher horsepower motor will be automatically excluded. 5. Insulation: Shall be class F insulation with Class B temperature rise. 6. Motor shall have a sufficient capacity to start and operate screen at 50 percent blinded without exceeding nameplate ratings for current and power and without operating in the service factor. 2.7 CONTROLS AND INSTRUMENTATION A. All controls and motor shall be provided for the fully automatic operation of the screen. The screen shall be factory wired so that the electrician is only required to make the electrical connections to the control panel and from the control panel to a junction box at the screens. B. Control panel shall UL listed and manufactured in the United States. C. Enclosure shall not be in an explosive environment. D. The mechanically cleaned bar screen shall be furnished with a complete control system housed in an enclosure complying with the specific requirements: 1. Design control panel shall be delivered to jobsite, prewired ready for installation. 2. Control panel: NEMA 4X 304L Stainless Steel. 3. PLC controller with integrate operator interface Horner HE–XT–102 with touch screen. PLC without an easy touch screen for the operator will be excluded. 4. Power Panel Requirements: 480 Volt, 60 Hz, 3–Phases. 5. Unit shall be controlled manually, on timer or with an alarm float. E. The following controls shall be provided with the control panel: - Page 277 -Item #20. 11102 – 11 Z:\28051\28051.0000\Documents\Bar Screen\Specs\11102 - Mechanical Bar Screen.docx A- Screen: 1. Panel disconnect On/Off. 2. Emergency stop red and mushroom type. 3. Hand/Off/Auto selector switch. (HOA). 4. Rake Hand mode Forward/Reverse selector. 5. System safety reset. 6. VFD reset. B- Washer/Compactor: 1. Panel disconnect. 2. Emergency stop red and mushroom type. 3. Hand/Off/Auto selector switch. (HOA) 4. Compactor Hand mode Forward/Reverse selector. 5. Solenoid valve(s) HAND/OFF/AUTO. 6. Reverse switch with spring return useable in HAND mode. 7. System safety reset. 8. Audible alarm. 9. Motor torque limiter. F. The following lights shall be provided on the control panel layout: A- Screen: 1. System power on (white). 2. System ready (yellow). 3. Rake running (green). 4. PLC controller LCD touch screen display. B- Washer/Compactor: - Page 278 -Item #20. 11102 – 12 Z:\28051\28051.0000\Documents\Bar Screen\Specs\11102 - Mechanical Bar Screen.docx 1. Red strobe top mounted for alarm. 2. Alarm (red). 3. System power on (white). 4. System ready (yellow). 5. Compactor running (green). 6. Maintenance mode active (amber). 7. PLC controller LCD touch screen display. G. The PLC controller HE–XT–102 shall have at least the functionalities below: 1. Touch screen shall display all the alarms including emergency stop and safety cover. The PLC shall have an integrate audible beep when one alarm is triggered. 2. Touch screen shall display the operation of the equipment by symbols with a clock timer on /off. 3. Touch screen shall display the current amperage of the motor(s). 4. Operator shall be able with the touch screen to modify the timers of the rake motor and modify the level for the ultrasonic sensor if there is. 5. Operator shall be able to access to the alarm history easily on the touch screen. H. Operation A. Screen: 1. The screen shall be activated primarily by the float. When the water decrease, the panel will keep the screen running for one more cycle. The cycle time will be defined by the technician at the startup following flow conditions. 2. Secondly, the control panel should turn on the screen every 2 hours for one cycle to make sure the equipment works. 3. As describe below, it will be preferable to operate the inclined bar screen with the water level and save the equipment lifetime. B. Washer/Compactor: - Page 279 -Item #20. 11102 – 13 Z:\28051\28051.0000\Documents\Bar Screen\Specs\11102 - Mechanical Bar Screen.docx 1. Washer/Compactor shall run for an extra time after the screening technology stops. This extra time shall be adjustable by the operator. A washer/Compactor without this feature will be automatically excluded. 2. Spray bars shall be activated during the Washer/Compactor is working. The washing cycles shall be adjustable by the operator 2.8 SUMMERY DESIGN REQUIREMENTS Mechanically cleaned screen Data Number of inclined bar screen 1 Average flow 1.44 MGD Peak flow 3 MGD Clear opening between bars ¼’’ 3/8’’ Angle of inclination 75° degrees Channel depth 4’ Channel width 23’’ Maximum Head differential at 30% of blockage 1.48’ Motor horsepower 0.75HP max Voltage, Hertz, phases control panel and motor 480V, 3Ph, 60Hz 2.9 SHOP TESTING A. Screen shall be tested at the factory: 1. The screen shall operate for 30 minutes and shall record good results. 2. The bar screen shall be completely factory assembled as much as possible and inspected prior shipment. B. Control panel shall be shop testing by the manufacturer: 1. Test of all functionalities. 2. Test alarms and safeties. 3. PLC test and pre–settings. PART 3 – EXECUTION 3.1 INSTALLATION A. Equipment shall be installed in strict conformance with the manufacturer’s installation instructions, as submitted with Shop Drawings, Operation and Maintenance Manuals and/or any pre–installation checklists. - Page 280 -Item #20. 11102 – 14 Z:\28051\28051.0000\Documents\Bar Screen\Specs\11102 - Mechanical Bar Screen.docx B. Installation shall utilize standard torque values and be installed secure in position and neat in appearance. C. Installation shall include any site preparation tasks as required by the engineer or manufacturer; such as unloading, touch–up painting, etc. and any other installation tasks and materials such as wiring, conduit, controls stands as determined by the customer and/or specified by the manufacturer. D. Anchor bolts and nuts shall be 304 stainless steel and furnished for each item of equipment by the contractor. 3.2 FIELD TESTING AND TRAINING A. Field testing shall not be conducted without a procedure with no exceptions noted, calibration certificates for all testing equipment, and a completed and signed pretesting check list. B. After installation, inspection, operation, testing and adjustment of the equipment, a manufacturer’s field service technician shall conduct performance test for the unit in presence of the owner to determine its ability to deliver its rated capacity under specified conditions. 1. Performance Test: During tests, observe and record flow rates, channel water depths, head loss, and motor inputs. Repeat tests until specified results are obtained. 2. Functional testing: calibrate, check alignment, and perform a functional test. 3. Field performance testing. 4. Training: field operation and maintenance instruction including all materials, manuals, and handouts. 5. Any additional time required of the factory trained service technician to assist in placing the equipment in operation at no additional cost to the owner. END OF SECTION - Page 281 -Item #20. - Page 282 -Item #20. - Page 283 -Item #20. - Page 284 -Item #20. - Page 285 -Item #20. - Page 286 -Item #20. - Page 287 -Item #20. - Page 288 -Item #20. - Page 289 -Item #20. - Page 290 -Item #20. - Page 291 -Item #20. - Page 292 -Item #20. - Page 293 -Item #20. - Page 294 -Item #20. - Page 295 -Item #20. - Page 296 -Item #20. - Page 297 -Item #20. AGREEMENT WITH THE CITY OF TYBEE ISLAND, GA FOR THE PROVIDING AND INSTALLATION OF BAR SCREEN THIS AGREEMENT, made this _____ day of _____________, 2021, by and between the City of Tybee Island, GA, hereinafter called the “Owner” at P.O. Box 2749, Tybee Island, GA 31328, and Southern Civil, LLC hereinafter called the “Contractor”, of P.O. Box 9, Townsend, GA 31331. WITNESSETH: WHEREAS, the City of Tybee Island, GA, has heretofore solicited bids for all material, work and improvements and for the doing of all things included within the hereinafter specified Bar Screen Project. WHEREAS, the City of Tybee Island, GA, did find that the Contractor was the lowest responsible, responsive and preferred bidder for the hereinafter specified Bar Screen Project (hereinafter “Project”). NOW, THEREFORE, for and in consideration of their mutual promises, covenants, undertakings, and agreements, the parties hereto do hereby agree as follows: WORK TO BE DONE BY CONTRACTOR Contractor agrees, at its own cost and expense, to do all the work and furnish all the labor, materials, equipment, products and other property necessary to satisfactorily do, construct, install, and complete all work and improvements for the Bar Screen Project for the City of Tybee Island, GA (Project), all in full accordance with, and in compliance with and as required by the hereinafter specified Contract Documents for said Contract, and to do, at its own cost and expense, all other things required of the Contractor by said Contract Documents for said work. CONTRACT DOCUMENTS The Contract Documents herein named include all of the following component parts, all of which are as fully a part of this Contract as if herein set out verbatim, subject to all stated exclusions, or, if not attached, as if hereto attached: - Page 298 -Item #20. 1.) Invitation To Bid _____ 2.) Instructions to Bidders 3.) Contractor’s Bid and all affidavits, forms, documents, associated with the Bid. 4.) This Agreement 5.) Technical Requirements 6.) Contract Drawings / Bid Plans 7.) All Bonds, Insurance Certificates and Insurance Policies mentioned or referred to in the foregoing documents 8.) Any and all other documents or papers, including all permits, included or referred to in any of the foregoing documents including all Permits 9.) Any and all Addenda to the foregoing, all of which are on file with the Owner. CONTRACT AMOUNT The Contractor agrees to receive and accept the following unit prices and lump sum prices as full compensation for furnishing all materials and equipment and for doing all work contemplated and embraced in this agreement, and for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise to be encountered in the prosecution of the work until its acceptance by the Owner, and for all risks of every description connected with the work, and for well and faithfully completing the whole and entire work, in the manner and according to and in compliance with the Contract Documents as directed by the City or its Engineer in accordance with these documents, and for any and all other things required by the Contract Documents: See attachments hereto which are incorporated herein. SPECIAL CONDITIONS As stated in the Invitation To Bid, time is of the essence and therefore, prompt completion by ___ day of ________, 2021 is required and liquidated damages of $1,000.00 per day will be assessed for any unexcused and unauthorized delay in such performance. - Page 299 -Item #20. STARTING AND COMPLETION The Contractor shall, and agrees to, commence work for the Project within _____ calendar days after the Permitted start date of ______ ____, 2021, and to complete fully all work required by the Contract Documents to the point of Final Acceptance by the Owner within ____ Calendar days or no later than _________. PAYMENT TO CONTRACTOR Owner agrees with said Contractor to employ, and does hereby employ, the said Contractor to provide the material and do all the work and do all other things herein above mentioned according to the terms and conditions hereinafter contained or referred to, for the prices aforesaid, and hereby contracts to pay Contractor at the time, in the manner and upon the conditions set forth or referred to in the Contract Documents; and the Owner and the Contractor for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. INVALIDITY AND SEVERABILITY The invalidity of any provision included in any of the Contract Documents shall not be deemed to impair or affect in any manner the validity and enforceability of the remainder of the Contract Documents, and in such event, all the other provisions of the Contract Documents shall continue in full force and effect as if such invalid provision had never been included therein. Owner and Contractor agree that, in such event, the Contract Documents shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that achieves, to the maximum extent possible, the intention of the stricken provision. CHOICE OF LAW AND FORUM SELECTION The Contract Documents shall be construed and controlled by and under the laws of the State of Georgia without regard to conflicts of laws principles. Further, any dispute arising out of or concerning the Contract Documents, or any action or inaction performed thereunder, shall be adjudicated in either (a) the United States Court for the Southern District of Georgia, Savannah Division; or (b) the State or Superior Courts of Chatham County, Georgia, and the parties waive any defenses of personal and/or subject matter jurisdiction to the aforesaid venues. REGULATIONS INCORPORATED The provision of this contract are intended in all respects to comply with the terms of applicable Code of Federal Regulations, including 2 CFR 200 and Appendix II to Part 200 in all respects and this contract shall be interpreted in accordance with that intention. The parties agree that dispute resolution would include pre-suit mediation, that there are no conflicts of interest involved and will not be during the duration of the project, that there has been and will be no inappropriate lobbying , all environmental laws applicable will be complied with, the Contract - Page 300 -Item #20. Work Hours and Safety Standards Act will be complied with and that during the performance of the contract the contractor will comply with all equal opportunity requirements and that the Davis-Bacon Act will be complied with , to the extent applicable. DISPUTE RESOLUTION If a dispute arises from or in connection with the contract, a party to the contract must not commence court or other proceedings related to the dispute unless that party has participated in mediation in accordance with the paragraph below. This paragraph does not apply to an application for urgent interlocutory relief. A party to this contract, claiming a dispute has arisen from the contract, must have provided a written notice identifying the nature of the dispute to the other party or parties to the contract. The parties must then participate in mediation in accordance with this Article. If the parties do not reach an agreement within seven (7) days of receipt of the notice to mediate or within a longer period agreed to in writing by them on the procedures to be adopted and a mediation of the dispute and a timetable for all steps in the process and the identity & fees of the mediator, then each party will appoint a mediator and those mediators shall select an additional mediator whose fees will be shared equally by the parties. The parties agree to participate in good faith in the mediation process as expeditiously as possible. In the event mediation is not successful, the parties or any party shall be entitled to pursue remedies through legal process in accordance with this Agreement and the laws of the State of Georgia. Any legal actions arising out of the performance of this Agreement shall be heard in the Chatham County, Georgia court system or the US District Court for the Southern District of Georgia, Savannah Division. TERMINATION BY THE OWNER FOR CONVENIENCE The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. The Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the CONTRACTOR shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the CONTRACTOR shall violate any of the covenants, agreements, or stipulations of this Agreement, the CONTRACTOR shall be in breach of this Agreement and the OWNER shall thereupon give written notice of default to the CONTRACTOR and allow the CONTRACTOR seven (7) calendar days from such notice to cure such default. After notice, the OWNER shall have the right to terminate this Agreement by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least five(5) days before the effective date of such termination. - Page 301 -Item #20. If the OWNER fails without cause to make payment when due, the CONTRACTOR may give written notice of the CONTRACTOR’S intention to terminate this Agreement. If the CONTRACTOR fails to receive payment within ten (10) days after receipt of such notice by the OWNER, the CONTRACTOR may give a second written notice and five (5) days after receipt of second written notice by the OWNER, the CONTRACTOR may terminate this Agreement and recover from the OWNER payment for services rendered. INDEMNIFICATION The Contractor agrees to protect, defend, indemnify and hold harmless the City, its officers, agents and employees from and against all liability, damages, claims, suits, liens and judgments of whatever nature, including claims for contribution and/or indemnification, for injuries to or death of any person or persons, or damage to the property or other rights of any person or persons caused by the Contractor or its subcontractors. The Contractor’s obligation to protect, defend, indemnify and hold harmless, as set forth herein shall include, but not be limited to, any matter arising out of any actual or alleged infringement of any patent, trademark, copyright, or service mark, or any actual or alleged unfair competition, disparagement of product or service, or other business tort of any type whatsoever, or any actual or alleged violations of trade regulations. The Contractor further agrees to investigate, handle, respond to, provide defense for and to protect, defend, indemnify and hold harmless the City at its sole expense, and agrees to bear all other costs and expenses related thereto, even if such claims, suits, etc., are groundless, false, or fraudulent, including any and all claims or liability for compensation under the Worker’s Compensation Act arising out of injuries sustained by any employee of the Contractor or its subcontractors or anyone directly or indirectly employed by any of them. The Contractor’s obligation to indemnify the City under this Section shall not be limited in any way by the agreed-upon contract price as shown in Article II or to the scope and amount of coverage provided by any insurance maintained by the Contractor including, without limitation to, the insurance required to be maintained by the Contractor pursuant to this Agreement. NO ASSIGNMENT, NO THIRD PARTY BENEFICIARIES This Agreement is a personal retention of the Contractor as an independent contractor. The Contractor must perform by its own forces and may not delegate, subcontract, assign, transfer, or otherwise obtain its performance of this Agreement without the express written consent of the City. DRUG FREE WORKPLACE It is the policy of the City of Tybee Island that its work place shall be a drug free workplace in compliance with the Drug Free Work Place Act, 41 U.S.C.S. 701 et seq. PROHIBITED INTERESTS Conflict of Interest. The Contractor and its subcontractors warrant that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree - Page 302 -Item #20. with the performance of its services hereunder. The Contractor further agrees that, in the performance of the contract, no person having any such interest shall be employed. Interests of Public Officials. No member, officer, or employee of the City of Tybee Island, Georgia, during his tenure, shall have any interest, direct or indirect, in this contract or the proceeds thereof. IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed in original counterparts the day and year first above written. (SEAL) Southern Civil, LLC (Contractor) By: ______________________ It's _______________________ Attest: ____________________ Title ________________________ City of Tybee Island, GA (Owner) By: _______________________ It's __Mayor_______________ Attest: ____________________ Title ________________________ Approved this _____day of ___________________, 2021. Approved as to form By: __________________________ City Attorney - Page 303 -Item #20. NOTICE TO PROCEED TO: Southern Civil, LLC DATE: P.O. Box 9 Townsend, GA 31331 PROJECT: CITY OF TYBEE ISLAND, GA, PROVIDING AND INSTALLATION OF BAR SCREEN You are hereby notified to commence site work at _________ in accordance with the Agreement dated , on, or after ___________, and you are to fully and satisfactorily complete the work to the point of Final Acceptance within 90 days of commencement of work. The City of Tybee Island, GA By _______________________________ (SIGNATURE) _______________________________ (TITLE) ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged this ____ day of __________, 2020 Southern Civil, LLC By ___________________________ ___________________________ (TITLE) - Page 304 -Item #20. File Attachments for Item: 21. Contract: Basin Company, LLC, Providing and Installation of Storm Shutters - Page 305 -Item #21. AGREEMENT WITH THE CITY OF TYBEE ISLAND, GA FOR THE PROVIDING AND INSTALLATION OF STORM SHUTTERS THIS AGREEMENT, made this _____ day of _____________, 2021, by and between the City of Tybee Island, GA, hereinafter called the “Owner” at P.O. Box 2749, Tybee Island, GA 31328, and Basin Co., LLC, hereinafter called the “Contractor”, of 2700 Gregory St., Ste 130, Savanna, GA 31414. WITNESSETH: WHEREAS, the City of Tybee Island, GA, has heretofore solicited bids for all material, work and improvements and for the doing of all things included within the hereinafter specified Storm Shutter Project. WHEREAS, the City of Tybee Island, GA, did find that the Contractor was the lowest responsible, responsive and preferred bidder for the hereinafter specified Storm Shutter Project (hereinafter “Project”). NOW, THEREFORE, for and in consideration of their mutual promises, covenants, undertakings, and agreements, the parties hereto do hereby agree as follows: WORK TO BE DONE BY CONTRACTOR Contractor agrees, at its own cost and expense, to do all the work and furnish all the labor, materials, equipment, products and other property necessary to satisfactorily do, construct, install, and complete all work and improvements for the Storm Shutter Project for the City of Tybee Island, GA (Project), all in full accordance with, and in compliance with and as required by the hereinafter specified Contract Documents for said Contract, and to do, at its own cost and expense, all other things required of the Contractor by said Contract Documents for said work. CONTRACT DOCUMENTS The Contract Documents herein named include all of the following component parts, all of which are as fully a part of this Contract as if herein set out verbatim, subject to all stated exclusions, or, if not attached, as if hereto attached: - Page 306 -Item #21. 1.) Invitation To Bid 2020-756 2.) Instructions to Bidders/Project Manual 3.) Contractor’s Bid and all affidavits, forms, documents, associated with the Bid. 4.) This Agreement 5.) Technical Requirements 6.) Contract Drawings / Bid Plans 7.) All Bonds, Insurance Certificates and Insurance Policies mentioned or referred to in the foregoing documents 8.) Any and all other documents or papers, including all permits, included or referred to in any of the foregoing documents including all Permits 9.) Any and all Addenda to the foregoing, all of which are on file with the Owner. CONTRACT AMOUNT The Contractor agrees to receive and accept the following unit prices and lump sum prices as full compensation for furnishing all materials and equipment and for doing all work contemplated and embraced in this agreement, and for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise to be encountered in the prosecution of the work until its acceptance by the Owner, and for all risks of every description connected with the work, and for well and faithfully completing the whole and entire work, in the manner and according to and in compliance with the Contract Documents as directed by the City or its Engineer in accordance with these documents, and for any and all other things required by the Contract Documents: See attachments hereto which are incorporated herein. SPECIAL CONDITIONS As stated in the Invitation To Bid, time is of the essence and therefore prompt completion by ____ day of ___________, 2021 and liquidated damages of $1,000.00 per day will be assessed for any unexcused and unauthorized delay in such performance. - Page 307 -Item #21. STARTING AND COMPLETION The Contractor shall, and agrees to, commence work for the Project within _____ calendar days after the Permitted start date of ______ __________, 2021, and to complete fully all work required by the Contract Documents to the point of Final Acceptance by the Owner within ____ Calendar days or no later than March 12, 2021. PAYMENT TO CONTRACTOR Owner agrees with said Contractor to employ, and does hereby employ, the said Contractor to provide the material and do all the work and do all other things herein above mentioned according to the terms and conditions hereinafter contained or referred to, for the prices aforesaid, and hereby contracts to pay Contractor at the time, in the manner and upon the conditions set forth or referred to in the Contract Documents; and the Owner and the Contractor for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. INVALIDITY AND SEVERABILITY The invalidity of any provision included in any of the Contract Documents shall not be deemed to impair or affect in any manner the validity and enforceability of the remainder of the Contract Documents, and in such event, all the other provisions of the Contract Documents shall continue in full force and effect as if such invalid provision had never been included therein. Owner and Contractor agree that, in such event, the Contract Documents shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that achieves, to the maximum extent possible, the intention of the stricken provision. CHOICE OF LAW AND FORUM SELECTION The Contract Documents shall be construed and controlled by and under the laws of the State of Georgia without regard to conflicts of laws principles. Further, any dispute arising out of or concerning the Contract Documents, or any action or inaction performed thereunder, shall be adjudicated in either (a) the United States Court for the Southern District of Georgia, Savannah Division; or (b) the State or Superior Courts of Chatham County, Georgia, and the parties waive any defenses of personal and/or subject matter jurisdiction to the aforesaid venues. REGULATIONS INCORPORATED The provision of this contract are intended in all respects to comply with the terms of applicable Code of Federal Regulations, including 2 CFR 200 and Appendix II to Part 200 in all respects and this contract shall be interpreted in accordance with that intention. The parties agree that dispute resolution would include pre-suit mediation, that there are no conflicts of interest - Page 308 -Item #21. involved and will not be during the duration of the project, that there has been and will be no inappropriate lobbying , all environmental laws applicable will be complied with, the Contract Work Hours and Safety Standards Act will be complied with and that during the performance of the contract the contractor will comply with all equal opportunity requirements and that the Davis-Bacon Act will be complied with , to the extent applicable. DISPUTE RESOLUTION If a dispute arises from or in connection with the contract, a party to the contract must not commence court or other proceedings related to the dispute unless that party has participated in mediation in accordance with the paragraph below. This paragraph does not apply to an application for urgent interlocutory relief. A party to this contract, claiming a dispute has arisen from the contract, must have provided a written notice identifying the nature of the dispute to the other party or parties to the contract. The parties must then participate in mediation in accordance with this Article. If the parties do not reach an agreement within seven (7) days of receipt of the notice to mediate or within a longer period agreed to in writing by them on the procedures to be adopted and a mediation of the dispute and a timetable for all steps in the process and the identity & fees of the mediator, then each party will appoint a mediator and those mediators shall select an additional mediator whose fees will be shared equally by the parties. The parties agree to participate in good faith in the mediation process as expeditiously as possible. In the event mediation is not successful, the parties or any party shall be entitled to pursue remedies through legal process in accordance with this Agreement and the laws of the State of Georgia. Any legal actions arising out of the performance of this Agreement shall be heard in the Chatham County, Georgia court system or the US District Court for the Southern District of Georgia, Savannah Division. TERMINATION BY THE OWNER FOR CONVENIENCE The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. The Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the CONTRACTOR shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the CONTRACTOR shall violate any of the covenants, agreements, or stipulations of this Agreement, the CONTRACTOR shall be in breach of this Agreement and the OWNER shall thereupon give written notice of default to the CONTRACTOR and allow the CONTRACTOR seven (7) calendar days from such notice to cure such default. After notice, the OWNER shall have the right to terminate this Agreement by - Page 309 -Item #21. giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least five(5) days before the effective date of such termination. If the OWNER fails without cause to make payment when due, the CONTRACTOR may give written notice of the CONTRACTOR’S intention to terminate this Agreement. If the CONTRACTOR fails to receive payment within ten (10) days after receipt of such notice by the OWNER, the CONTRACTOR may give a second written notice and five (5) days after receipt of second written notice by the OWNER, the CONTRACTOR may terminate this Agreement and recover from the OWNER payment for services rendered. INDEMNIFICATION The Contractor agrees to protect, defend, indemnify and hold harmless the City, its officers, agents and employees from and against all liability, damages, claims, suits, liens and judgments of whatever nature, including claims for contribution and/or indemnification, for injuries to or death of any person or persons, or damage to the property or other rights of any person or persons caused by the Contractor or its subcontractors. The Contractor’s obligation to protect, defend, indemnify and hold harmless, as set forth herein shall include, but not be limited to, any matter arising out of any actual or alleged infringement of any patent, trademark, copyright, or service mark, or any actual or alleged unfair competition, disparagement of product or service, or other business tort of any type whatsoever, or any actual or alleged violations of trade regulations. The Contractor further agrees to investigate, handle, respond to, provide defense for and to protect, defend, indemnify and hold harmless the City at its sole expense, and agrees to bear all other costs and expenses related thereto, even if such claims, suits, etc., are groundless, false, or fraudulent, including any and all claims or liability for compensation under the Worker’s Compensation Act arising out of injuries sustained by any employee of the Contractor or its subcontractors or anyone directly or indirectly employed by any of them. The Contractor’s obligation to indemnify the City under this Section shall not be limited in any way by the agreed-upon contract price as shown in Article II or to the scope and amount of coverage provided by any insurance maintained by the Contractor including, without limitation to, the insurance required to be maintained by the Contractor pursuant to this Agreement. NO ASSIGNMENT, NO THIRD PARTY BENEFICIARIES This Agreement is a personal retention of the Contractor as an independent contractor. The Contractor must perform by its own forces and may not delegate, subcontract, assign, transfer, or otherwise obtain its performance of this Agreement without the express written consent of the City. DRUG FREE WORKPLACE It is the policy of the City of Tybee Island that its work place shall be a drug free workplace in compliance with the Drug Free Work Place Act, 41 U.S.C.S. 701 et seq. - Page 310 -Item #21. PROHIBITED INTERESTS Conflict of Interest. The Contractor and its subcontractors warrant that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. The Contractor further agrees that, in the performance of the contract, no person having any such interest shall be employed. Interests of Public Officials. No member, officer, or employee of the City of Tybee Island, Georgia, during his tenure, shall have any interest, direct or indirect, in this contract or the proceeds thereof. IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed in original counterparts the day and year first above written. (SEAL) Basin Co., LLC (Contractor) By: ______________________ It's _______________________ Attest: ____________________ Title ________________________ City of Tybee Island, GA (Owner) By: _______________________ It's __Mayor_______________ Attest: ____________________ Title ________________________ Approved this _____day of ___________________, 2021. Approved as to form By: __________________________ City Attorney - Page 311 -Item #21. NOTICE TO PROCEED TO: Basin Co., LLC DATE: 22700 Gregory St., Ste 130 Savanna, GA 31414. PROJECT: CITY OF TYBEE ISLAND, GA, PROVIDING AND INSTALLING STORM SHUTTERS You are hereby notified to commence site work at _________ in accordance with the Agreement dated , on, or after ___________, and you are to fully and satisfactorily complete the work to the point of Final Acceptance within 90 days of commencement of work. The City of Tybee Island, GA By _______________________________ (SIGNATURE) _______________________________ (TITLE) ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged this ____ day of __________, 2021 Basin Co., LLC By ___________________________ ___________________________ (TITLE) - Page 312 -Item #21. CV120.03710.16.2020MGMRELEASED FORCONSTRUCTIONT 912.447.5665F 912.447.8381WWW.GREENLINEARCH.COM28 E 35TH STSAVANNAH, GA 31401REVISIONSJOB NO:ISSUE DATE:DRAWN:COVER SHEET 11.The drawing is the property of GREENLINE ARCHITECTURE, INC.and is not to be reproduced or copied in whole or in part. It isnot to be used on any other project and is to be returned onrequest.2. Scales as stated hereon are valid on the original drawingonly and are hereby changed in proportion to the difference insize between the print and the original drawing.3. Do not scale dimensions from prints. Plans and details arenot always drawn to scale. Use dimensions given or consult theArchitect for further clarification.NEW STORM SHUTTER/ OPENING PROTECTION FORCITY OF TYBEE ISLANDTYBEE ISLAND, GEORGIA- Page 313 -Item #21. CV220.03710.16.2020MGMRELEASED FORCONSTRUCTIONT 912.447.5665F 912.447.8381WWW.GREENLINEARCH.COM28 E 35TH STSAVANNAH, GA 31401REVISIONSJOB NO:ISSUE DATE:DRAWN:COVER SHEET 21.The drawing is the property of GREENLINE ARCHITECTURE, INC.and is not to be reproduced or copied in whole or in part. It isnot to be used on any other project and is to be returned onrequest.2. Scales as stated hereon are valid on the original drawingonly and are hereby changed in proportion to the difference insize between the print and the original drawing.3. Do not scale dimensions from prints. Plans and details arenot always drawn to scale. Use dimensions given or consult theArchitect for further clarification.NEW STORM SHUTTER/ OPENING PROTECTION FORCITY OF TYBEE ISLANDTYBEE ISLAND, GEORGIAABCABC- Page 314 -Item #21. AT 912.447.5665F 912.447.8381WWW.GREENLINEARCH.COM28 E 35TH STSAVANNAH, GA 314011.The drawing is the property of GREENLINE and is not to bereproduced or copied in whole or in part. It is not to be usedon any other project and is to be returned on request.2. Scales as stated hereon are valid on the original drawingonly and are hereby changed in proportion to the difference insize between the print and the original drawing.3. Do not scale dimensions from prints. Plans and details arenot always drawn to scale. Use dimensions given or consult theArchitect for further clarification.REVISIONSJOB NO:ISSUE DATE:DRAWN:SCHOOL BUILDING AMGM20.037RELEASEDFOR CONSTRUCTIONNEW STORM SHUTTER/ OPENING PROTECTION FORCITY OF TYBEE ISLANDTYBEE ISLAND, GEORGIA10.16. 2020- Page 315 -Item #21. BT 912.447.5665F 912.447.8381WWW.GREENLINEARCH.COM28 E 35TH STSAVANNAH, GA 314011.The drawing is the property of GREENLINE and is not to bereproduced or copied in whole or in part. It is not to be usedon any other project and is to be returned on request.2. Scales as stated hereon are valid on the original drawingonly and are hereby changed in proportion to the difference insize between the print and the original drawing.3. Do not scale dimensions from prints. Plans and details arenot always drawn to scale. Use dimensions given or consult theArchitect for further clarification.REVISIONSJOB NO:ISSUE DATE:DRAWN:YMCA ANNEXBUILDINGMGM20.037RELEASEDFOR CONSTRUCTIONNEW STORM SHUTTER/ OPENING PROTECTION FORCITY OF TYBEE ISLANDTYBEE ISLAND, GEORGIA10.16.2020- Page 316 -Item #21. CT 912.447.5665F 912.447.8381WWW.GREENLINEARCH.COM28 E 35TH STSAVANNAH, GA 314011.The drawing is the property of GREENLINE and is not to bereproduced or copied in whole or in part. It is not to be usedon any other project and is to be returned on request.2. Scales as stated hereon are valid on the original drawingonly and are hereby changed in proportion to the difference insize between the print and the original drawing.3. Do not scale dimensions from prints. Plans and details arenot always drawn to scale. Use dimensions given or consult theArchitect for further clarification.REVISIONSJOB NO:ISSUE DATE:DRAWN:CAFETERIAMGM20.037RELEASED FORCONSTRUCTIONNEW STORM SHUTTER/ OPENING PROTECTION FORCITY OF TYBEE ISLANDTYBEE ISLAND, GEORGIA10.16.2020- Page 317 -Item #21. DT 912.447.5665F 912.447.8381WWW.GREENLINEARCH.COM28 E 35TH STSAVANNAH, GA 314011.The drawing is the property of GREENLINE and is not to bereproduced or copied in whole or in part. It is not to be usedon any other project and is to be returned on request.2. Scales as stated hereon are valid on the original drawingonly and are hereby changed in proportion to the difference insize between the print and the original drawing.3. Do not scale dimensions from prints. Plans and details arenot always drawn to scale. Use dimensions given or consult theArchitect for further clarification.REVISIONSJOB NO:ISSUE DATE:DRAWN:GYMNASIUMMGM20.037RELEASED FORCONSTRUCTIONNEW STORM SHUTTER/ OPENING PROTECTION FORCITY OF TYBEE ISLANDTYBEE ISLAND, GEORGIA10.16.2020- Page 318 -Item #21. ET 912.447.5665F 912.447.8381WWW.GREENLINEARCH.COM28 E 35TH STSAVANNAH, GA 314011.The drawing is the property of GREENLINE and is not to bereproduced or copied in whole or in part. It is not to be usedon any other project and is to be returned on request.2. Scales as stated hereon are valid on the original drawingonly and are hereby changed in proportion to the difference insize between the print and the original drawing.3. Do not scale dimensions from prints. Plans and details arenot always drawn to scale. Use dimensions given or consult theArchitect for further clarification.REVISIONSJOB NO:ISSUE DATE:DRAWN:FIRE DEPARTMENTMGM20.037RELEASED FORCONSTRUCTIONNEW STORM SHUTTER/ OPENING PROTECTION FORCITY OF TYBEE ISLANDTYBEE ISLAND, GEORGIA10.16.2020- Page 319 -Item #21. FT 912.447.5665F 912.447.8381WWW.GREENLINEARCH.COM28 E 35TH STSAVANNAH, GA 314011.The drawing is the property of GREENLINE and is not to bereproduced or copied in whole or in part. It is not to be usedon any other project and is to be returned on request.2. Scales as stated hereon are valid on the original drawingonly and are hereby changed in proportion to the difference insize between the print and the original drawing.3. Do not scale dimensions from prints. Plans and details arenot always drawn to scale. Use dimensions given or consult theArchitect for further clarification.REVISIONSJOB NO:ISSUE DATE:DRAWN:CITY HALLMGM20.037RELEASED FORCONSTRUCTIONNEW STORM SHUTTER/ OPENING PROTECTION FORCITY OF TYBEE ISLANDTYBEE ISLAND, GEORGIA10.16.2020- Page 320 -Item #21. GT 912.447.5665F 912.447.8381WWW.GREENLINEARCH.COM28 E 35TH STSAVANNAH, GA 314011.The drawing is the property of GREENLINE and is not to bereproduced or copied in whole or in part. It is not to be usedon any other project and is to be returned on request.2. Scales as stated hereon are valid on the original drawingonly and are hereby changed in proportion to the difference insize between the print and the original drawing.3. Do not scale dimensions from prints. Plans and details arenot always drawn to scale. Use dimensions given or consult theArchitect for further clarification.REVISIONSJOB NO:ISSUE DATE:DRAWN:MARINE SCIENCECENTERMGM20.037RELEASED FORCONSTRUCTIONNEW STORM SHUTTER/ OPENING PROTECTION FORCITY OF TYBEE ISLANDTYBEE ISLAND, GEORGIA10.16.2020- Page 321 -Item #21. HT 912.447.5665F 912.447.8381WWW.GREENLINEARCH.COM28 E 35TH STSAVANNAH, GA 314011.The drawing is the property of GREENLINE and is not to bereproduced or copied in whole or in part. It is not to be usedon any other project and is to be returned on request.2. Scales as stated hereon are valid on the original drawingonly and are hereby changed in proportion to the difference insize between the print and the original drawing.3. Do not scale dimensions from prints. Plans and details arenot always drawn to scale. Use dimensions given or consult theArchitect for further clarification.REVISIONSJOB NO:ISSUE DATE:DRAWN:PUBLIC WORKSJLE17.029RELEASED FORCONSTRUCTIONNEW STORM SHUTTER/ OPENING PROTECTION FORCITY OF TYBEE ISLANDTYBEE ISLAND, GEORGIA10.16.2020- Page 322 -Item #21. IT 912.447.5665F 912.447.8381WWW.GREENLINEARCH.COM28 E 35TH STSAVANNAH, GA 314011.The drawing is the property of GREENLINE and is not to bereproduced or copied in whole or in part. It is not to be usedon any other project and is to be returned on request.2. Scales as stated hereon are valid on the original drawingonly and are hereby changed in proportion to the difference insize between the print and the original drawing.3. Do not scale dimensions from prints. Plans and details arenot always drawn to scale. Use dimensions given or consult theArchitect for further clarification.REVISIONSJOB NO:ISSUE DATE:DRAWN:POLICE DEPARTMENTMGM20.037RLEASED FORCONSTRUCTIONNEW STORM SHUTTER/ OPENING PROTECTION FORCITY OF TYBEE ISLANDTYBEE ISLAND, GEORGIA10.16.2020- Page 323 -Item #21. - Page 324 -Item #21. - Page 325 -Item #21. LT 912.447.5665F 912.447.8381WWW.GREENLINEARCH.COM28 E 35TH STSAVANNAH, GA 314011.The drawing is the property of GREENLINE and is not to bereproduced or copied in whole or in part. It is not to be usedon any other project and is to be returned on request.2. Scales as stated hereon are valid on the original drawingonly and are hereby changed in proportion to the difference insize between the print and the original drawing.3. Do not scale dimensions from prints. Plans and details arenot always drawn to scale. Use dimensions given or consult theArchitect for further clarification.REVISIONSJOB NO:ISSUE DATE:DRAWN:CAMPGROUND-MANAGER HOUSEMGM20.037RELEASED FORCONSTRUCTION10.16. 2020NEW STORM SHUTTER/ OPENING PROTECTION FORCITY OF TYBEE ISLANDTYBEE ISLAND, GEORGIA- Page 326 -Item #21. MT 912.447.5665F 912.447.8381WWW.GREENLINEARCH.COM28 E 35TH STSAVANNAH, GA 314011.The drawing is the property of GREENLINE and is not to bereproduced or copied in whole or in part. It is not to be usedon any other project and is to be returned on request.2. Scales as stated hereon are valid on the original drawingonly and are hereby changed in proportion to the difference insize between the print and the original drawing.3. Do not scale dimensions from prints. Plans and details arenot always drawn to scale. Use dimensions given or consult theArchitect for further clarification.REVISIONSJOB NO:ISSUE DATE:DRAWN:JAYCEE PARKMGM20.037RELEASED FORCONSTRUCTION10.16.2020NEW STORM SHUTTER/ OPENING PROTECTION FORCITY OF TYBEE ISLANDCITY OWNED BUILDINGSTYBEE ISLAND, GEORGIA- Page 327 -Item #21. PROJECT MANUAL INVITATION TO BID- ITB NO. 2020-756 CITY OF TYBEE ISLAND – New Storm Shutters / Opening Protection Tybee Island, GA October 2020 PREPARED BY GREENLINE ARCHITECTURE 28 E 35TH ST SAVANNAH, GA 31401 T 912.447.5665 F 912.447.8381 - Page 328 -Item #21. City of Tybee Island – NewStormShutters/OpeningProtection Tybee Island, GA October 2020 Table of Contents 003000 - 1 TABLE OF CONTENTS SECTION No. SECTION TITLE 003000 TABLE OF CONTENTS DIVISION 1 - GENERAL REQUIREMENTS ------- INTRODUCTION ------- SPECIFICATIONS AND REQUIREMENTS 1. INSTRUCTIONS TO BIDDERS 2. GENERAL INFORMATION 3. PAYMENT AND PERFORMANCE BOND ------- PRODUCT SPECIFICATIONS/CUTSHEETS/INFORMATION - Page 329 -Item #21.   - Page 330 -Item #21. INVITATION TO BID ITB NO. 2020-756 NEW STORM SHUTTERS/OPENING PROTECTION BID DUE: TUESDAY, DECEMBER 1, 2020 at 2:00pm PRE-BID MEETING: THURSDAY, NOVEMBER 12, 2020 at 1:00pm CITY OF TYBEE ISLAND, GEORGIA SHIRLEY SESSIONS, MAYOR BARRY BROWN, MAYOR PRO TEM SPEC HOSTI MONTY PARKS NANCY DEVETTER JOHN BRANIGIN JAY BURKE DOCUMENT CHECK LIST The following documents are contained in and made a part of this Invitation to Bid, or are required to be submitted with the bid. It is the responsibility of the Bidder to read, complete and sign, where indicated, and return these documents with his/her bid. FAILURE TO DO SO MAY BE CAUSE FOR DISQUALIFICATION OF THE BIDDER INTRODUCTION SPECIFICATIONS AND REQUIREMENTS 1. INSTRUCTIONS TO BIDDERS 2. GENERAL INFORMATION 3. BID AND PERFORMANCE BOND ATTACHMENTS: A. SIGNATURE SHEET; B. CONTRACTOR AFFIDAVIT; C. SUBCONTRACTOR AFFIDAVIT; D. SAVE AFFIDAVIT; E. VENDOR INFORMATION; F. DEBARMENT CERTIFICATION; G. DRUG FREE CERTIFICATION; H. NON- DISCRIMINATION STATEMENT; I. DISCLOSURE OF RESPONSIBILITY; J. LOBBYING AFFIDAVIT; K. BYRD AMENDMENT CERTIFICATION; L. BID FORM; M. CHECKLIST SEPARATE ATTACHMENT: 1. PROJECT PLANS INTRODUCTION This is an invitation to bid to supply the City of Tybee Island, Georgia with products or services as indicated herein. The project involves purchase, installation, and warranty of new storm shutters/opening protection for existing buildings. Sealed bids must be received by 2:00pm local time, on Tuesday, December 1, 2020, at which time and place all bids received will be publicly opened and read aloud. The City of Tybee Island - Page 331 -Item #21. reserves the right to reject any or all bids. A mandatory pre-bid conference will be held on Thursday, November 12, 2020 at 1:00pm in the City of Tybee Island Public Safety Building conference room (78 Van Horne Ave, Tybee Island). Interested bidders are required to attend, and will have the opportunity to discuss specifications, visit the project site and ask questions. The project is to be completed by March 12, 2021, see Section 2.33. METHOD OF AWARD: If the City of Tybee Island awards a contract from this ITB, it will be awarded to the responsible bidder with the lowest responsive bid. Bidders must respond completely by filling in all applicable blanks. Signature of bidder indicates understanding and compliance with the terms of this request, the requirements herein, and any subsequent award or contract. All specifications, conditions, and representations made in this ITB will become an integral part of the contract. Nothing contained within this ITB is indicative of intent by the City of Tybee Island to reimburse the bidder, in whole or in part, for any costs associated with preparation, submission, or presentation of bids. Instructions for preparation and submission of a bid are contained in this ITB package. Please note that specific forms for submission of a bid are required. The City of Tybee Island has an equal opportunity purchasing policy to assure all procurement procedures are conducted in a manner that provides maximum open and free competition. The City seeks to ensure that all segments of the business community have access to supplying the goods and services needed by the City. The City provides equal opportunity for all businesses and does not discriminate against any persons or businesses regardless of race, color, religion, age, sex, national origin or handicap. The City is seeking a bid package for service or materials equal to or exceeding specifications set forth on the attached pages. Bidders not meeting these standards will be rejected. The attached specifications become and remain a part of this ITB. All responses, inquiries, or correspondence relating to, or in reference to, this ITB, and all reports, charts, displays, schedules, exhibits and other documentation by the bidders will become the property of the City when received. The City retains the right to use any or all ideas presented in any response to this ITB, whether amended or not. Selection or rejection of the bid does not affect this right. SPECIFICATIONS AND REQUIREMENTS 1. INSTRUCTIONS TO BIDDERS Purpose: The purpose of this document is to provide general and specific information for use in submitting a bid to supply the City of Tybee Island with equipment, supplies, and/or services as described herein. All ITBs are governed by the Code of the City of Tybee Island, Georgia, 15- 2015 Sec 1, Art VII, Procurement, Sec 2-400, and the laws of the State of Georgia. Bidders must carefully review all provisions of, and attachments to, this document prior to submission. Each bid constitutes an offer and cannot be withdrawn except as provided herein. This ITB and any attachments, plans, and/or other related documents can be found on the City’s website at https://www.cityoftybee.org/Bids.aspx. It is incumbent upon the bidder to check the website for additional information and/or addendums. - Page 332 -Item #21. 1.1 How to Prepare Bids: All Bids must be: a. Prepared on the forms enclosed herewith, unless otherwise prescribed, and all documents must be submitted. b. Bids must be signed by the business owner or authorized representative, with all erasures or corrections initialed and dated by the official signing the Bid. ALL SIGNATURE SPACES MUST BE SIGNED. 1.2 How to Submit Bids: One original, and one electronic copy (usb flash drive) must be submitted in a sealed opaque envelope, plainly marked with the ITB number and title, and bidder’s company name, to the office of the address below prior to the time specified. Include all required attachments, which can be found at the end of this document.  Include all requested documents, including required bid bond. See Attachment M  City/County Occupational Tax Certificate Requirement: Contractor must supply a copy of their Occupational Tax Certificate as proof of payment of the occupational tax where their office is located. In addition, if a contract is awarded, contractors that are not located on Tybee Island are required to obtain a Tybee Island contractor registration. Contact Sharon Shaver for additional information, at 912-472-5072, or in person at Tybee Island City Hall 403 Butler Ave, Tybee Island, Ga  All Bids must be hand delivered, mailed, or sent by courier in sufficient time to ensure receipt by the Purchasing Agent on or before the time and date specified above. Include the Vendor Name and ITB #2020-756 / STORM SHUTTERS/OPENING PROTECTION on front of envelope.  Courier or hand deliver bid package to: MELISSA FREEMAN TYBEE ISLAND CITY HALL 403 BUTLER AVE TYBEE ISLAND, GA. 31328  Bids may be submitted via US Mail, but bidders choosing this method should allow at least an additional 24 hours for delivery: MELISSA FREEMAN CITY OF TYBEE ISLAND PO BOX 2749 TYBEE ISLAND, GA. 31328 FAXED OR E-MAILED COPIES WILL NOT BE CONSIDERED. BIDS NOT RECEIVED BY THE TIME AND DATE SPECIFIED WILL NOT BE OPENED. 1.3 How to Submit an Objection: - Page 333 -Item #21. Potential bidders must present any written objection to this ITB at least seven (7) days prior to the bid due date. The objections contemplated may pertain to form and/or substance of the ITB documents. Objections must be made in writing to the Purchasing agent, Melissa Freeman mfreeman@cityoftybee.org. Email subject line: Objection to ITB #2020-756. 1.4 Errors in ITB responses: Bidders are expected to fully inform themselves as to the conditions, requirements, and specifications of this ITB before submitting a bid. Failure to do so will be at the Bidder's own risk. In case of error in extension of prices in bid, the unit price will govern. 1.5 Questions concerning ITB: Questions, inquiries, suggestions, or requests concerning interpretation, clarification or additional information concerning any portion of this ITB must be made by email, sent to the below named individual, who will be the official point of contact for this ITB. Questions must be submitted at least seven days before the bid due date. Mark subject line on e-mail “Questions on ITB 2020-756 NEW STORM SHUTTERS/OPENING PROTECTION” POINT OF CONTACT: Peter Gulbronson peter.gulbronson@cityoftybee.org Failure of a Bidder to ask questions, request changes, or submit objections by the dates indicated above shall constitute the Bidder's acceptance of all of the terms, conditions and requirements set forth in this ITB. 1.6 Addendums to ITB: Any changes to the conditions or specifications in this ITB must be in the form of a written addendum to be valid. If the City of Tybee Island issues an addendum to this ITB, it will be posted by the Purchasing Agent on the City’s website. The issuance of a written addendum by the Purchasing Agent is the only official method by which interpretation, clarification or additional information will be given. The City of Tybee Island will not be responsible for any oral representation given by any employee, representative or others. Bidder must acknowledge each addendum in the bid. It is solely your responsibility as a bidder to ensure that you have received all addenda and incorporated the changes into your bid response before submission. Unless otherwise specified in an addendum, the due date and time remains as listed above. Signed addendum(s) must be included in response package. 2 GENERAL INFORMATION 2.1 Specifications: Any obvious error or omission in specifications will not inure to the benefit of the bidder but will put the bidder on notice to inquire of or identify the same from the City of Tybee - Page 334 -Item #21. Island. Whenever herein mention is made of any article, material or workmanship to be in accordance with laws, ordinances, building codes, underwriter's codes, A.S.T.M. regulations or similar expressions, the requirements of these laws, ordinances, etc., will be construed to be the minimum requirements of these specifications. 2.2 Standards for Acceptance of Bid for Contract Award: City of Tybee Island reserves the right to reject any or all bids and to waive any irregularities or technicalities in bids received whenever such rejection or waiver is in the best interest of City of Tybee Island. City of Tybee Island reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid from a bidder whom investigation shows is not in a position to perform the contract. 2.3 Bidder: Whenever the term "bidder" is used it will encompass the "person," "business," "supplier," "vendor," or other party submitting a bid (a binding offer) to the City of Tybee Island in such capacity before a contract has been entered into between such party and the City of Tybee Island. 2.4 Responsible / Responsive bidder: Responsible bidder means a person or entity that has the capability in all respects to perform fully and reliably the contract requirements. Responsive bidder means a person or entity that has submitted a bid that conforms in all material respects to the requirements set forth in this ITB. 2.5 Multiple Bids: No Vendor will be allowed to submit more than one (1) bid. 2.6 Compliance with Laws: The bidder will obtain and maintain all licenses, permits, liability insurance, worker's compensation insurance and comply with any and all other standards or regulations required by federal, state, county or city statute, ordinances and rules during the performance of any contract between the contractor and City of Tybee Island. Any such requirement specifically set forth in any contract document between the contractor and City of Tybee Island will be supplementary to this section and not in substitution thereof. 2.7 Contractor: Contractor or subcontractor means any person or business having a contract with City of Tybee Island. The Contractor/Vendor of goods, material, equipment or services certifies that they will follow equal employment opportunity practices in connection with the awarded contract as more fully specified in the contract documents. 2.8 State Licensing Board for General Contractors: If applicable, pursuant to Georgia law, any bidder must be a Georgia licensed General Contractor (Contractor work or activity that is unlimited in scope regarding any residential or commercial projects). 2.9 Security & Immigration Compliance: On 1 July 2007, the Georgia Security and Immigration Compliance Act (SB 529, Section 2) became effective. All contractors and subcontractors entering into a contract or performing work must sign an affidavit that he/she has used the E-Verify System. E-Verify is a no-cost federal employment verification system to insure employment eligibility. No bids will be considered unless a signed E-Verify Affidavit is enclosed with the submittal package. Affidavits are enclosed in this solicitation. You may download M-274 Handbook for Employers at http://www.dol.state.ga.us/spotlight/employment/rules. You may go to http://www.uscis.gov to find the E-Verify information. - Page 335 -Item #21. Systematic Alien Verification for Entitlements (SAVE) Program: O.C.G.A. 50-36-1 required Georgia cities to comply with the federal Systematic Alien Verification for Entitlements (SAVE) Program. SAVE is a federal program used to verify that applicants for certain “public benefits” are legally present in the United States. Contracts with the City are considered “public benefits.” Responders are required to provide the Affidavit Verifying Status for City of Tybee Benefit Application prior to receiving any City contract. The affidavit is included as part of this ITB package. Protection of Resident Workers. City of Tybee Island actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers can hire only persons who can legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of any hiree, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor will establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 2.10 Permitting and Approvals: The contractor that is awarded the contract will be responsible for securing all necessary federal, state and local approvals required for the project. 2.11 Prices to be Firm: Bidder warrants that bid prices, terms and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from bid opening date, unless otherwise stated in the ITB. 2.12 Quality: All materials or supplies used for, or the workmanship employed in, any construction necessary to comply with this bid, will be of the best quality, and adhere to the highest industry standards. 2.13 Guarantee/Warranty: Unless otherwise specified by the City of Tybee Island, the Bidder will unconditionally guarantee the materials and workmanship for one (1) year from completion of the project or delivery of goods. If, within the guarantee period, any defects occur which are due to faulty material and or services, the contractor, at his expense, will repair or adjust the condition, or replace the material, to comply with the contract requirements and applicable standards thereof. These repairs, replacements or adjustments will be made only at such time as will be designated by the City of Tybee Island as being least detrimental to the operation of the City. 2.14 Liability Provisions: Where bidders are required to enter or go onto City of Tybee Island property to take measurements or gather other information in order to prepare the Bid as requested by the City, the bidder will be liable for any injury, damage or loss occasioned by negligence of the bidder, its agent, or any person the bidder has designated to prepare the bid and will indemnify and hold harmless City of Tybee Island from any liability arising there from. The contract document specifies the liability provisions required of the successful bidder in order to be awarded a contract with City of Tybee Island. 2.15 Cancellation of Contract: The contract may be canceled or suspended by City of Tybee Island in whole or in part by written notice of default to the Contractor upon non- performance or violation of contract terms. An award may be made to the next lowest bidder, for articles and/or services specified or they may be purchased on the open market. The defaulting Contractor (or its surety) will be liable to City of Tybee Island for costs to the City of Tybee Island in excess of the defaulted contract prices. See the contract - Page 336 -Item #21. documents for complete requirements. 2.16 Certification of Independent Price Determination: By submission of this bid, the Bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, that in connection with this procurement: a. The prices in this bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; b. 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; and c. 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 of restricting competition. 2.17 Qualification of Business (Responsible Bidder): the Scope of Work, specifications and plans define a responsible Bidder as one who meets, or by the date of the bid acceptance can meet, certifications, all requirements for licensing, insurance, and registrations, or other documentation required. The City has the right to require any or all bidders to submit documentation of the ability to perform, provide, or carry out the service or provide the product requested. The City has the right to disqualify the bid of any bidder as being unresponsive or un-responsible whenever such Bidder cannot document the ability to deliver the requested product or service. 2.18 Insurance Provisions, General: The selected bidder to whom the contract is awarded will be required to procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from, or in connection with, the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance must be included in the proposal. a. General Information that must appear on a Certificate of Insurance: i. Name of the Producer (bidder’s insurance Broker/Agent). ii. Companies affording coverage (there may be several). iii. Name and Address of the Insured (this is the Company or Parent of the firm the City is contracting with). iv. A Summary of all current insurance for the insured (includes effective dates of coverage). v. A brief description of the operations to be performed, the specific job to be performed, and contract number. vi. Certificate Holder (Must include the City of Tybee Island as a certificate holder and an additional insured). THE INSURANCE CERTIFICATE IS TO IDENTIFY THE CITY OF TYBEE ISLAND AS A CERTIFICATE HOLDER AND AS AN ADDITIONAL INSURED FOR GENERAL, AUTO, UMBRELLA, AND EXCESS LIABILITY COVERAGES. b. Minimum Limits of Insurance to be maintained for the duration of the contract: i. Commercial General Liability: Provides protection against bodily injury and - Page 337 -Item #21. property damage claims arising from operations of a Contractor. This policy coverage includes premises and operations, use of independent contractors, products/completed operations, personal injury, contractual, broad form property damage, and underground, explosion and collapse hazards. Minimum limits: $2,000,000 bodily injury and property damage per occurrence and annual aggregate. ii. Worker's Compensation and Employer’s Liability: Provides statutory protection against bodily injury, sickness or disease sustained by employees of the Contractor while performing within the scope of their duties. Employer’s Liability coverage is usually included in Worker’s Compensation policies, and insures common law claims of injured employees made in lieu of or in addition to a Worker’s Compensation claim. Minimum limits: $500,000 for each accident, disease policy limit, and disease each employee and Statutory Worker’s Compensation limit. iii. Business Automobile Liability: Coverage insures against liability claims arising out of the Contractor’s use of automobiles. Minimum limit: $2,000,000 combined single limit per accident for bodily injury and property damage. Coverage must be written on an Any Auto basis. THE INSURANCE REQUIREMENTS AND LIMITS STATED HEREIN MAY BE SATISFIED BY A COMBINATION OF PRIMARY, UMBRELLA &/OR EXCESS COVERAGES. c. Special Requirements: i. Extended Reporting Periods: The Contractor must provide the City of Tybee Island with a notice of the election to initiate any Supplemental Extended Reporting Period and the reason(s) for invoking this option. ii. Reporting Provisions: Any failure to comply with reporting provisions of the policies will not affect coverage provided in relation to this request. iii. Cancellation: Each insurance policy that applies to this request must be endorsed to state that it will not be suspended, voided, or canceled, except after thirty (30) days prior to written notice by certified mail, return receipt requested, has been given to the City of Tybee Island. iv. Proof of Insurance: City of Tybee Island must be furnished with certificates of insurance and with original endorsements affecting coverage required by this request. The certificates and endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All certificates of insurance are to be submitted prior to, and approved by, the City of Tybee Island before services are rendered. The Contractor must ensure Certificate of Insurance is updated for the entire term of the City of Tybee Island contract. v. Insurer Acceptability: Insurance is to be placed with an insurer having an A.M. Best’s rating of A and a five (5) year average financial rating of not less than V. If an insurer does not qualify for averaging on a five-year basis, the current total Best’s rating will be used to evaluate insurer acceptability. vi. Lapse in Coverage: A lapse in coverage will constitute grounds for contract termination by the City of Tybee Island Mayor and Council. - Page 338 -Item #21. vii. Deductibles and Self-Insured Retention: Any deductibles or self-insured retention must be declared to, and approved by, the City of Tybee Island. At the option of the City of Tybee Island, either: the insurer will reduce or eliminate such deductibles or self-insured retention as related to the City of Tybee Island, its officials, officers, employees, and volunteers; or the Contractor will procure a bond guaranteeing payment of related suits, losses, claims, and related investigation, claim administration and defense expenses. 2.19 Compliance with Specification - Terms and Conditions: The ITB, Legal Advertisement, General Conditions and Instructions to Bidders, Specifications, Special Conditions, Vendor's Bid, Addendum, and/or any other pertinent documents form a part of the Bid and by reference are made a part hereof. 2.20 Signed Bid Considered Offer: The signed Bid will be considered a binding offer on the part of the Bidder, which offer will be deemed accepted upon approval by the City of Tybee Island Mayor and Council, Purchasing Agent or designee, as may be applicable. In case of a default on the part of the Bidder after such acceptance, the City of Tybee Island may take such action as it deems appropriate, including legal action, for damages or lack of required performance. 2.21 Notice to Proceed: The successful bidder must not commence work under this ITB until a written contract is awarded and a Notice to Proceed is issued by the Purchasing Agent or his designee, or as specified in the Special Conditions. If the successful Bidder does commence any work or deliver items prior to receiving official notification, it does so at its own risk. 2.22 Protest Policy: Any bidder who is aggrieved in connection with the award of a contract may file a protest with the Purchasing Agent. The protest must be submitted in writing no later than 48 hours after the bid opening. Protests must be made in writing to the Purchasing agent, Melissa Freeman at mfreeman@cityoftybee.org, with the subject line Protest: ITB #2020-756, and must include the following information: a. Name, address, email address, and telephone numbers of the protester; b. ITB number; c. Detailed statement of the legal and factual grounds for the protest, including a description of resulting harm to the protester; d. Copies of supporting documents, if any; e. Statement of relief requested; f. All information establishing that the protester is an interested party for the purpose of filing a protest on an award decision; g. All information establishing the timeliness of the protest. 2.23 Payment to Contractors: Instructions for invoicing the City of Tybee Island for products delivered to the City are specified in the contract document. a. Questions regarding payment may be directed to the Accounting Department at 912-472-5024 or City of Tybee Island’s Project Manager as specified in the contract documents. b. Contractors will be paid the agreed upon compensation upon satisfactory delivery of the products or completion of the work as more fully described in the contract document. - Page 339 -Item #21. c. Upon completion of the work or delivery of the products, the Contractor will provide the City of Tybee Island with an affidavit certifying all suppliers, persons or businesses employed by the Contractor for the work performed for the City of Tybee Island have been paid in full. d. City of Tybee Island is a tax-exempt entity. Every contractor, vendor, business or person under contract with City of Tybee Island is required by Georgia law to pay State sales or use taxes for products purchased in Georgia or transported into Georgia and sold to City of Tybee Island by contract. Please consult the State of Georgia, Department of Revenue, Sales and Use Tax Unit in Atlanta (404) 656- 4065 for additional information. 2.24 City’s Rights Concerning Award: The City reserves the right, and sole and complete discretion to waive technicalities and informalities. The City further reserves the right, and sole and complete discretion to reject all bids and any bid that is not responsive or that is over the budget, as amended, or that fails to suit the needs of the City as determined by the City in its sole discretion. In judging whether the Bidder is responsible, the City will consider, but is not limited to consideration of, the following: a. Whether the Bidder or principals are currently ineligible, debarred, suspended, or otherwise excluded from contracting by any state or federal agency, department, or authority; b. Whether the Bidder or principals have been terminated for cause or are currently in default on a public works contract; c. Whether the Bidder can demonstrate a commitment to safety with regard to Workers' Compensation by having an experience Modification Rate (EMR) over the past three years not having exceeded an average of 1.2; and d. Whether the Bidder’s past work provides evidence of an ability to successfully complete public works projects within the established time, quality, or cost, or to comply with the Bidder’s contract obligations. 2.25 Debarred Firms, Indictments and Pending Litigations: Any potential bidder/firm listed on Federal, State of Georgia or any government entity, Excluded Parties Listing (Barred from doing business) will not be considered for contract award. Bidders shall disclose any record of pending criminal violations not not(Indictment) and/or convictions, pending lawsuits, etc., and any actions that may be a conflict of interest occurring within the last five (5) years. Any bidder/firm previously defaulting or terminating a contract with the City will be not considered. 2.26 Debarred or Suspended Subcontractors: Contractor will not subcontract, and will ensure that no subcontracts are awarded at any tier, to any individual, firm, partnership, joint venture, or any other entity regardless of the form of business organization, that is on the Federal Excluded Parties List System (EPLS) at https://www.epls.gov or the State of Georgia, DOAS, State Purchasing Exclusion listing, or other local government entity. This includes pending litigation or claims with the City or other government entities. Contractor will immediately notify City of Tybee Island in the event any subcontractor is added to a Federal, State or other Government Entity listing after award of the subcontract. (See Bidder’s Certification Form in this Package.) 2.27 Cone of Silence: Lobbying of Procurement Evaluation Committee members, City employees, and elected officials regarding this product or service solicitation, Invitation - Page 340 -Item #21. to Bid (ITB) or contract by any member of a bidder’s staff, or those people employed by any legal entity affiliated with an organization that is responding to the solicitation is strictly prohibited. Negative campaigning through the mass media about the current service delivery is strictly prohibited. Such actions will cause render your proposal invalid. In order to conduct this procurement transaction in manner that provides full and open competition and meet the Federal Uniform Guidance Requirements to ensures objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statement of work, or invitation for bids or request for proposal must be excluded from competing for this contract. 2.28 Georgia Open Records Act: The responses will become part of the City of Tybee Island’s official files without any obligation on the City of Tybee Island’s part. Ownership of all data, materials and documentation prepared for and submitted to City of Tybee Island in response to a solicitation, regardless of type, will belong exclusively to City of Tybee Island and will be considered a record prepared and maintained or received in the course of operations of a public office or agency and subject to public inspection in accordance with the Georgia Open Records Act, Official Code of Georgia Annotated, Section 50-18- 70, et. Seq., unless otherwise provided by law. It is the responsibility of the Bidder to notify the City of any documents turned over which contain trade secrets or other confidential matters. A Bidder submitting records which the entity or person believes contains trade secrets and that it wishes to keep such records confidential pursuant to O.C.G.A. § 50-19-72(34) will submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia. See also, section 2.27. City of Tybee Island will not be held accountable if material from bids is obtained without the written consent of the bidder by parties other than the City of Tybee Island, at any time during the solicitation and evaluation process. 2.29 Georgia Trade Secret Act of 1990: In the event a Bidder submits trade secret information to the City of Tybee Island, the information must be clearly labeled as a Trade Secret. The City of Tybee Island will maintain the confidentiality of such trade secrets to the extent provided by law. 2.30 Contractor Records Retention: The Georgia Open Records Act is applicable to the records of all contractors and subcontractors under contract with the City of Tybee Island. This applies to those specific contracts currently in effect and those that have been completed or closed for up three (3) years following completion. This applies to those specific contracts currently in effect and those which have been completed or closed for up three (3) years following completion. In addition, specifically for this contract that involves Federal funding, the contractor must comply the Federal procurement standards, Federal Uniform Guidance Requirements Section 200.333, Retention Requirements. This includes records for all financial records, supporting documentations, statistical records, analysis records, and all other records associated with this contract pertinent to Federal award must be maintained for a period of three (3) years from the date of the City of Tybee Island’s final expenditures report is submitted to the funding agency for reimbursement. The only exceptions are as follows: (a) Whether the responder or principals are currently ineligible, debarred, suspended, or otherwise excluded from proposing or contracting by any state or federal agency, department, or authority; - Page 341 -Item #21. (b) Whether the responder or principals has been terminated for cause or are currently in default on a public works contract or debris monitor removal service. (c) Whether the responder can demonstrate a commitment to safety with regard to Worker’s Compensation by having an Experience Modification Rate (EMR) over the past three years not having exceeded an average of 1.2; and (d) Whether the responder’s past work provided evidence of an ability to successfully complete public works projects or debris monitoring removal service projects with the established time, quality, or cost, or to comply with the responder’s contract obligations; and (e) Whether the responder has made a Good Faith Effort to employ minority and women businesses and small businesses. 2.31 Method of Compensation: The compensation provided for herein will include all claims by the contractor for all costs incurred by the contractor in the conduct of the Project as authorized by the approved Project Compensation Schedule and this amount will be paid to the contractor after receipt of the invoice and approval of the amount by the City of Tybee Island. The City will make payments to the contractor within thirty (30) days from the date of receipt of the contractor's acceptable statement on forms prepared by the contractor and approved by the City of Tybee Island. Should the Project begin within any one month, the first invoice will cover the partial period from the beginning date of the Project through the last day of the month (or on a mutually agreeable time) in which it began. The invoices will be submitted each month until the Project is completed. Invoices will be itemized to reflect actual expenses for each individual task; also refer to the requirements concerning changes, delays and termination of work pursuant to provisions of the contract. Each invoice will be accompanied by a summary progress report, which outlines the work accomplished during the billing period and any problems that may be inhibiting the Project execution. The terms of this contract are intended to supersede all provisions of the Georgia Prompt Pay Act. As long as the gross value of completed work is less than 50% of the total contract amount, or if the contractor is not maintaining his construction schedule to the satisfaction of the engineer, the City of Tybee Island will retain 10% of the gross value of the completed work as indicated by the current estimate approved by the engineer acting on behalf of the City of Tybee Island. After the gross value of completed work becomes to or exceed 50% of the total contract amount within a time period satisfactory to the City of Tybee Island, then the total amount to be retained will be reduced to 5% of the gross value of the completed work as indicated by the current estimate approved by the engineer, until all pay items are substantially completed. When all work is completed and time charges have ceased, pending final acceptance and final payment the amount retained will be further reduced at the discretion of the City of Tybee Island. The Contractor may submit a final invoice to the City of Tybee Island for the remaining retainage upon City’s acceptance of the Certificate of Substantial Completion. Final payment constituting the entire unpaid balance due will be paid by the City to the Contractor when work has been fully completed and the contract fully performed, except - Page 342 -Item #21. for the responsibilities of the Contractor which survive final payment. The making of final payment will constitute a waiver of all claims by the City except those arising from unsettled liens, faulty or defective work appearing after substantial completion, failure of the work to comply with the requirements of the Contract Documents, or terms of any warranties required by the Contractor Documents or those items previously made in writing and identified by the City as unsettled at the time of final application for payment. Acceptance of final payment will constitute a waiver of all claims by the Contractor, except those previously made in writing and identified by the Contractor as unsettled at the time of final application for payment. 2.32 Terms of Contract: a. ONE TIME CONTRACT 2.33 Audits and Inspections: The contractor and his subcontractors will make available to the City of Tybee Island for examination of all its records with respect to all matters covered by this Contract. It will also permit the City of Tybee Island and/or representatives of the Finance Department to audit, inspect, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Contract. All documents to be audited will be available for inspection between 8am and 5pm in the main offices of the City of Tybee Island or during normal business hours at the offices of the Contractor, as requested by the City of Tybee Island. 2.34 Byrd Anti-Lobby Amendment: All proposals that exceed $100,000 are required to sign an anti-lobbying certification letter to comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). This certification applies to contractors subcontractors based on a tiered system. The requires that 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 must be forwarded from tier to tier up to the City of Tybee Island. a. If any litigation, claim, or audit has started before the expiration of the 3-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. b. When the City of Tybee Island is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. c. When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 3-year retention requirement is not applicable to the non- Federal entity. 2.35 Contract Work Hours and Safety Standards Act: All proposals that exceed $100,000 that involves the employment of laborers must comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Each contractor must be required to compute the wages of every laborer based upon a standard workweek of 40 hours. Work in excess of the standard workweek 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 - Page 343 -Item #21. 40 hours in the work week. In addition, no laborer must be required to work in surroundings or under working conditions which are unsanitary or dangerous. 2.36 Clean Air Act and Water Pollution Control Act: All proposals that exceed $150,000 must 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). The City must report all violations to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 2.37 Pending Litigation: Proposals will not be accepted from any company, firm, person, party, or parent subsidiary, against which the City of Tybee Island has an outstanding claim, or a financial dispute relating to prior contract performance. If the City, at any time, discovers such a dispute during any point of evaluation, the proposal will not be considered further. 2.38 DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. 2.39 Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 2.40 No Obligation by Federal Government. The Federal Government is not a party to the contract resulting from this solicitation and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 2.41 Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to the contract resulting from this solicitation. 2.42 Liquidated Damages: The project is to be completed by Friday, March 12, 2021. The City and Contractor recognize that time is of the essence of this Agreement and that the City will suffer financial loss if the work is not completed within the times specified in the contract, plus any extensions thereof allowed. The parties also recognize the damages or loss caused by the failure to complete the work on time is difficult or impossible to accurately estimate, and the parties hereby stipulate that the sum of One Thousand Dollars ($1,000) per day is a reasonable pre-estimate of the probable damages or loss incurred by City for delay in completion of construction. Accordingly, the City and Contractor agree that as liquidated damages for delay, Contractor shall be liable to the City for the sum of One Thousand dollars ($1,000.00) for each day that the work is not completed as specified in the contract and that this amount of liquidated damages is intended to solely provide for damages incurred by the City and not as a penalty to Contractor. 3. SURETY REQUIREMENTS AND BONDS: a. Each proposal must be accompanied by a Proposal/Bid Bond, issued by a surety company licensed to do business under the laws of the State of Georgia, and satisfactory to the City of Tybee Island in the amount of five percent (5%) of the total contract amount to ensure the bidder will enter into a contract as per bid. - Page 344 -Item #21. Bidder will forfeit this amount should it be offered a contract by the City and refuse or fail to promptly enter into such contract. b. Prior to the Agreement being signed, the Contractor shall furnish to the City of Tybee Island a Performance Bond issued by a surety company licensed to do business under the laws of the State of Georgia and satisfactory to the City of Tybee Island in the amount of one-hundred-percent (100%) of the total contract amount to ensure the Contractor’s satisfactory performance. c. Also prior to the Agreement being signed, the Contractor shall furnish to the City of Tybee Island a Payment Bond issued by a surety company licensed to do business under the laws of the State of Georgia and satisfactory to the City of Tybee Island in the amount of one-hundred-percent (100%) of the total contract amount to ensure the Contractor’s satisfactory payment of subcontractors and material suppliers. d. The Contractor shall be solely responsible for keeping the surety informed as to the total contract price, significant changes in project scope, and overall progress and completion of project for the entire life of the contract. e. If the surety on the bonds furnished by the Contractor is declared bankrupt or becomes insolvent, or it’s right to do business in the State of Georgia is terminated, the Contractor shall within five (5) calendar days thereafter substitute other bonds and surety acceptable to the City of Tybee Island. If the Contractor does not furnish the replacement bonds to the City of Tybee Island within the five (5) days, the City of Tybee Island may consider the Contractor in material breach of contract and take appropriate actions. - Page 345 -Item #21. ATTACHMENT A CITY OF TYBEE - INSTRUCTIONS TO BIDDER SIGNATURE SHEET The Bidder certifies that he/she has examined all documents contained in this ITB package, and is familiar with all aspects of the ITB and understands fully all that is required of the successful Bidder. The Bidder further certifies that his/her Bid will not be withdrawn for sixty (60) days from the date on which his bid is submitted to the City. The Bidder agrees, if awarded this Contract, he/she will: A. Furnish, upon receipt of an authorized City of Tybee Island Purchase Order, all items indicated thereon as specified in this ITB for the bid amount; or, B. Enter a contract with City of Tybee Island to do and/or furnish everything necessary to provide the service and/or accomplish the work as stated and/or specified in this ITB for the bid amount, and; COMPANY DATE SIGNATURE TITLE TELEPHONE NUMBER MINORITY/FEMALE BUSINESS DEVELOPMENT PROGRAM: City of Tybee Island City Council established goals oriented to increase participation of minority and female owned businesses, through MBE/WBE certification and development. In order to accurately document participation, businesses submitting bids, quotes or proposals are encouraged to report ownership status. A minority or women business is defined as a business that is at least 51% owned and managed by minority or women. A responder that is certified by any agency of the Federal Government or State of Georgia may submit a copy of their certification with their bid as proof of qualifications. Bidder that intends to engage in joint ventures or utilize sub- consultants must submit a report of Minority/Women Business Enterprise participation to Melissa Freeman, P.O. Box 2749, and City of Tybee Island, GA 31328. African-American\Black_____ Asian American_____ Hispanic_____ Native American_____ Alaskan Indian_____ Female_____ - Page 346 -Item #21. ATTACHMENT B CONTRACTOR AFFIDAVIT under O.C.G.A. § 13-10-91(b) (1) By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of CITY OF TYBEE ISLAND has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____ (city), ______ (state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE___ DAY OF _____, 20__. _________________________________ NOTARY PUBLIC My Commission Expires: - Page 347 -Item #21. ATTACHMENT C (Due only if contract is awarded) Subcontractor Affidavit under O.C.G.A. § 13-10-91(b)(3) (Subcontractor Affidavits will be due at time of contract award) By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with __________________ (name of contractor) on behalf of __________________________________(name of public employer) has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A.§ 13- 10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice that a sub- subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Name of Project Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on____________ ____, 20 in city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,20 . NOTARY PUBLIC My Commission Expires: - Page 348 -Item #21. ATTACHMENT D O.C.G.A. § 50-36-1(e)(2) Affidavit By executing this affidavit under oath, as an applicant for a(n) ____________________ contract for a public benefit as referenced in O.C.G.A. § 50-36-1, from the CITY OF TYBEE ISLAND, Georgia, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) _________ I am a United States citizen. 2) _________ I am a legal permanent resident of the United States. 3) _________ I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is:____________________. The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: _____________________________________________________________________. In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit will be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in ___________________ (city), __________________(state). _________________________________ Signature of Applicant _________________________________ Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THE ___ DAY OF ___________, 20____ _________________________ NOTARY PUBLIC My Commission Expires: - Page 349 -Item #21. ATTACHMENT E CITY OF TYBEE ISLAND VENDOR INFORMATION Vendor Name: ________________________________________________________________________ Product or Services Provided: __________________________________________________________ Sales Contact Information Contact: ___________________________________ Email: ____________________________________ Phone: _____________________________________ Fax: ______________________________________ Address: _______________________________________________________________________________________ Accounts Receivable Information Contact: ___________________________________ Email: ____________________________________ Phone: _____________________________________ Fax: ______________________________________ Remittance Address: ___________________________________________________________________ Federal Tax Id #: _______________________________________________________________________ Attach Copy of W-9 and Occupational Tax Certificate Provide Copy of Worker’s Comp Coverage when providing any service involving labor on City property. Our terms are net 30 - Page 350 -Item #21. ATTACHMENT F RESPONDER’S CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The undersigned certifies, by submission of this proposal or acceptance of this contract, that neither Contractor, nor its principals, has not within a three year period been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency, State of Georgia, City of Tybee Island, Board of Education or local municipality. Bidder agrees that by submitting this proposal that bidder will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder or any lower tier participant is unable to certify to this statement, that participant shall attach an explanation to this document. The bidder shall provide immediate written notice to the City of Tybee Island if, at any time prior to subcontract award, the Bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Bidder's responsibility. Failure of the Bidder to furnish a certification or provide such additional information as requested by the University may render the Bidder nonresponsible. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of a Bidder is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Bidder knowingly rendered an erroneous certification, in addition to other remedies available to the City of Tybee Island, the City of Tybee Island may terminate the contract resulting from this solicitation for default. Certification – the above information is true and complete to the best of my knowledge and belief. (Printed or typed Name of Signatory) (Signature) (Date) Purchasing Staff Member Verification Title Date: ____________ The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001 SIGNATURE: _______________________________________ DATE: __________________ - Page 351 -Item #21. ATTACHMENT G CITY OF TYBEE ISLAND ITB 2020-756 DRUG FREE WORKPLACE CERTIFICATION The undersigned certifies that the provisions of Code Sections 50-24-1 through 50-24-6 of the Official Code to Georgia Annotated, related to the Drug Free Workplace have been complied with in full. A drug-free workplace will be provided for the employees during the performance of the contract; and; Each sub-contractor under the direction of the Contractor shall secure the following written certification: a) Contractor Certifies that a drug-free workplace will be provided for the employees during the performance of this contract. b) Pursuant to paragraph (7), of subsection (B) of Code Section 50-24-3. Also, the undersigned further certifies that he/she will not engage in the unlawful manufacture, sale, distribution, dispensation, possession or use of a controlled substance or marijuana during the performance of the contract. _________________________________ Company _________________________________ Signature of Authorized Representative _________________________________ Printed Name of Authorized Representative SUBSCRIBED AND SWORN BEFORE ME ON THE ___ DAY OF ___________, 20____ _________________________ NOTARY PUBLIC My Commission Expires: - Page 352 -Item #21. ATTACHMENT H CITY OF TYBEE ISLAND ITB 2020-756 PROMISE OF NON-DISCRIMINATION STATEMENT Know All Men by These Presents, that I (We), ____________________________, _______________________, ________________________, Name Title Name of bidder (Herein after “Company”) in consideration of the privilege to bid/or propose on the following City of Tybee Island City project procurement Disaster Debris Monitoring of Collection and Removal Services of debris left in public and private roads, ROWs and Hereby consent, covenant and agree as follows: 1. No person shall be excluded from participation in, denied the benefit of or otherwise discriminated against on the basis of race, color, national origin or gender in connection with the proposal submitted to City of Tybee Island or the performance of the contract resulting therefrom; 2. That it is and shall be the policy of this Company to provide equal opportunity to all business persons seeking to contract or otherwise interested with the Company, including those companies owned and controlled by racial minorities, and women; 3. In connection herewith, I (We) acknowledge and warrant that this Company has been made aware of, understands and agrees to take affirmative action to provide minority and women owned companies with the maximum practicable opportunities to do business with this Company on this contract; 4. That the promises of non-discrimination as made and set forth herein shall be continuing throughout the duration of this contract with City of Tybee Island; 5. That the promises of non-discrimination as made and set forth herein shall be and are hereby deemed to be made a part of an incorporated by reference in the contract which this Company may be awarded; 6. That the failure of this Company to satisfactorily discharge any of the promises of non- discrimination as made and set forth above may constitute a material breach of contract entitling the City to declare the contract in default and to exercise appropriate remedies including but not limited to termination of the contract. Signature___________________________________ Date__________________ - Page 353 -Item #21. ATTACHMENT I CITY OF TYBEE ISLAND, GA DISCLOSURE OF RESPONSIBILITY STATEMENT Failure to complete and return this information will result in your proposal being disqualified from further competition as non-responsive. 1. List any convictions of any person, subsidiary, or affiliate of the company, arising out of obtaining, or attempting to obtain a public or private contractor subcontract, or in the performance of such contract or subcontract. ___________________________________________________________ 2. List any indictments or convictions of any person, subsidiary, or affiliate of this company for offenses such as embezzlement, theft, fraudulent schemes, etc. or any other offenses indicating a lack of business integrity or business honesty which affects the responsibility of the contractor. ____________________________________________________________ 3. List any convictions or civil judgments under states or federal antitrust statutes. ____________________________________________________________ 4. List any violations of contract provisions such as knowingly (without good cause) to perform, or unsatisfactory performance, in accordance with the specifications of a contract. ____________________________________________________________ 5. List any prior suspensions or debarments by any governmental agency. ____________________________________________________________ 6. List any contracts not completed on time. ____________________________________________________________ 7. List any penalties imposed for time delays and/or quality of materials and workmanship. ____________________________________________________________ 8. List any documented violations of federal or any state labor laws, regulations, or standards, occupational safety and health rules. ____________________________________________________________ I, _________________________________, as _______________________ Name of individual Title & Authority - Page 354 -Item #21. Of _______________________________, declare under oath that Company Name The above statements, including any supplemental responses attached hereto, are true. _______________________________________________ Signature State of ________________ City of _______________ Subscribed and sworn to before me on this ______ day of _______, 2016 by _____________________ representing him/herself to be ____________________ of the company named herein. ___________________ Notary Public My Commission expires: _____________________ Resident State: - Page 355 -Item #21. ATTACHMENT J CITY OF TYBEE ISLAND ITB 2020-756 AFFIDAVIT REGARDING LOBBYING Each bidder and all proposed team members and subcontractors must sign this affidavit and the bidder shall submit the affidavits with their proposal confirming that there has been no contact with public officials or management staff for the purpose of influencing award of the contract. Furthermore, each individual certifies that there will be no contact with any public official prior to contract award for the purpose of influencing contract award. The undersigned further certifies that no team member or individual has been hired or placed on the team in order to influence award of the contract. All team members are performing a commercially useful function on the project. Failure to provide signed affidavits from all team members with your response may be cause to consider your bid/proposal non-responsive. ________________________________________ ___________________________ BY: Authorized Officer or Agent Date _________________________________________ Title of Authorized Officer or Agent _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 2016 ________________________________________ Notary Public My Commission Expires: ___________________ My Commission expires: _____________________ Resident State: _____________________ - Page 356 -Item #21. ATTACHMENT K CITY OF TYBEE ISLAND ITB 2020-756 BYRD ANTI‐LOBBYING AMENDMENT COMPLIANCE AND CERTIFICATION For all orders above the limit prescribed in FAR Section 52.203‐12(g), or its successor regulation (currently $150,000), the Bidder must complete and sign the following: The following certification and disclosure regarding payments to influence certain federal transactions are made per the provisions contained in FAR 52.203‐11 and 52.203‐12 and 31 U.S.C. 1352, the “Byrd Anti‐ Lobbying Amendment.” (a) FAR 52.203‐12, “Limitation on Payments to Influence Certain Federal Transactions” is hereby incorporated by reference into this certification (b) The bidder, by signing its offer, hereby certifies to the best of his or her knowledge and belief that: (1) No 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 on his or her behalf 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 (including profit or fee received under a covered Federal transaction) 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 on his or her behalf in connection with this solicitation, the bidder shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and (3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $150,000 shall certify and disclose accordingly. (a) This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person making an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. SIGNATURE: ____________________________________________________________ COMPANY NAME: _______________________________________________________ DATE: ____________________ - Page 357 -Item #21. ATTACHMENT L BID SHEET ITB 2020-756 NEW STORM SHUTTERS/OPENING PROTECTION Please attach all specifications regarding materials, installation, and warranties to this sheet with your total bid cost below. Base Bid Building A-E, G-M ________________ Building F ________________ Contractor Fees (including overhead, profit, general conditions) _______________ TOTAL BASE BID (including contractor fees): ______________ Add Alternate Price (Material Only) Building B _______________ Building I _______________ Building K _______________ Building L _______________ Building M _______________ __________________________ (Firm) __________________________ (Signature) __________________________ (Title) __________________________ (Date) - Page 358 -Item #21. ATTACHMENT M CHECKLIST FOR SUBMITTING BID Sign below and submit this sheet with your bid NOTE: All of the following items must be submitted with your bid to be considered “responsive”. Remember to follow the Instructions in the ITB Documents. SIGNED ADDENDUMS (IF APPLICABLE) _____ W-9 _____ OCCUPATIONAL TAX CERTIFICATE _____ BID BOND _____ COMPLETE AND SUBMIT ALL ATTACHMENTS TO THE BID: A. SIGNATURE SHEET _____   B. CONTRACTOR AFFIDAVIT _____ D. SAVE AFFIDAVIT _____ E. VENDOR INFORMATION _____ F. DEBARMENT CERTIFICATION _____ G. DRUG FREE WORKPLACE CERTIFICATION _____ H. NON-DISCRIMINATION STATEMENT _____ I. DISCLOSURE OF RESPONSIBILITY _____ J. AFFIDAVIT REGARDING LOBBYING _____ K. BYRD COMPLIANCE/CERTIFICATION _____ L. BID SHEET _____ M. CHECK LIST _____ NAME/TITLE _____________________________________________ COMPANY NAME__________________________________________ ADDRESS _________________________________________________ CITY/STATE/ZIP ____________________________________________ PHONE NUMBER ___________________________________________ EMAIL _____________________________________________________ SIGNATURE ________________________________________________ DATE ______________________________________________________ - Page 359 -Item #21.  PRODUCT SPECIFICATIONS/ CUTSHEETS/ INFORMATION - Page 360 -Item #21. - Page 361 -Item #21. - Page 362 -Item #21. - Page 363 -Item #21. - Page 364 -Item #21. - Page 365 -Item #21. - Page 366 -Item #21. - Page 367 -Item #21. - Page 368 -Item #21. - Page 369 -Item #21. - Page 370 -Item #21. - Page 371 -Item #21. - Page 372 -Item #21. - Page 373 -Item #21. - Page 374 -Item #21. - Page 375 -Item #21. - Page 376 -Item #21. - Page 377 -Item #21. General Measuring Instructions This manual is provided only as a quick reference guide. And is not for the sole purpose of every application and or every va riance of shutter, for more help with measuring instructions please contact your local sales representative. Alutech assumes no responsibility for loss or damage resulting from improper measuring. Check local building codes before mea suring. For hurricane rated shutters follow: Engineering Installation Instructions listed under individual Alutech products on www.floridabuilding.org. The Correct Measuring Sheet Every Alutech Rolling Shutter is custom made based on your measurements. So please properly choose the correct order form for what product you are measuring, and follow the instructions on your order form to allow us to produce an accurate roll shutter. You find the measuring sheets in the pricing section of the dealer book. Tools Needed: 1. Pen or Pencil 2. Tape Measure 3. Proper Order Form - Page 378 -Item #21. Mounting Methods On top of wall or surface. And around the opening. Inside of the opening. On top of wall or surface. And in eve of roof, box only. - Page 379 -Item #21. Surface Mount |Soffit Mount - two ways to provide measurements OPENING SIZE =these measurements are usually just the window or door measurements only. If this is giving to Alutech we will add rail width to each side and two inches to height for end slat hang down and for the required box size. FINISHED SIZE = this measurement is the overall shutter size, from bottom of rail to top of box and outside edge of each guide rail. OPENING SIZE IS = [ 20”x20” ] with RC37 Slat, add 4-1/4” for rails, 2” for slat hang, than 5-1/2” for coil box. FINISHED SIZE IS NOW = [ 24-1/4” x 27-1/2” ] –and we add nothing else to this. These dimensions vary depending on the type of shutter you are measuring for, but information can be found on these dimensions on pages 5 and 6 of this instruction. Build Out is only used when you have a protruding object that extends past the window, like a sill, door handle, brick molding, etc... So when measuring any surface mount shutter also keep a visual of these objects, you can find more information on what pack out sizes we carry in our parts section of the dealer book. 20” 20” 27-1/2” 24-1/4” - Page 380 -Item #21. Trapped Mount- one way to provide measurements FINISHED SIZE = this measurement is the overall shutter size, from bottom of rail to top of box and outside edge of each guide rail. OPENING SIZE IS = [ 20” x 20” ] FINISHED SIZE IS = [ 20” x 20” ] –we subtract nothing from this size. YOU MUST SUBRACT YOUR OWN IF THINK ITS OUT OF SQUARE – WE WOULD RECOMMEND TAKING AT LEAST ¼” ALL AROUND. ANGLE MOUNT = only needed when using an END RETENTION HURRICANE RATED system. The hurricane code does not allow us to use a screw through the throat of the guiderail. You can find more information on what pack out sizes we carry in our parts section of the dealer book. 20” 20” 27-1/2” 24-1/4” 20” 20” 20” 20” - Page 381 -Item #21. Filling out Measuring Form Choose color: Frame color includes, coil box, side rails, bottom slat and storm bars if needed. Curtain color only includes the rolling slats only. Choose code: Only check if a state requires this Choose Measurement: Opening= just opening Finished= complete shutter frame Choose Box style: 45°= beveled box 90°= square box [white only] Choose stopper: For manual only, prevents back roll Choose stopper: light holes in slats Choose switch: Only if a non- remote motorized shutter, default is Rocker if blank Choose switch type/color: Momentary = releases after push. Stationary= stays on after push Default is Momentary and white Choose motor brand: Somfy is Standard, also offer Elero, or Hammerhead Choose Transmitter: If Remote controlled only, not default will be picked Choose Box Size: Only select if you know, general guide is 1 ft is 1” of box [example 7ft =7” box”] Choose SLAT type: Select what type of slat you are using, see (1) for choices Choose Operator: Select what type of slat you are using, see (2) for choices Choose operator side: This is from inside the house/opening left or right side. Choose Sill or Buildout: Choose a sill when the shutter has nothing to rest on when closed, see (3) for choices Choose buildout when the shutter needs to be pushed out past objects such door handles, see (4) for choices Choose Stombars: An option when you use any non-retention shutter over 6 foot. Choose override exit: This is only needed if crank system, choose from 6 options Choose rail type & drill: Pick rail type depending on slat choice or need. Pick drill type, S= surface drill R= recess drill, NO= no drill Choose split qty: Only fill in if needing to split shutter and use one operator. Please use split measuring sheet - Page 382 -Item #21. Hurricane Storm-Rated Shutters Atlantic Premium Shutters introduces a new line of hurricane storm-rated shutters that are both impact-rated and beautiful. Enduring Beauty Atlantic Premium Shutters is well known for crafting fully functional shutters that are architecturally correct and historically accurate. These shutters will enhance any home with a wide range of style, size and color choices. Hurricane storm-rated shutters offer the same beauty and graceful charm when they are opened and the added storm protection when they are closed and secured. Storm Protection Hurricane storm-rated shutters incorporate the protection of the most advanced, durable shutter materials, a strong polycarbonate layer, and storm bars. The shutter offering includes options that meet the IRC, IBC and State of Florida building codes. These storm-rated shutters have been tested by an independent test laboratory that is certified by the State of Florida and Miami-Dade County. An outside Professional Engineer has also certified that the storm shutters were tested in accordance with the testing protocols identified. Dependable Atlantic Premium Shutters is a division of The Tapco Group, a leader in the building materials industry with a history going back more than forty-five years. The Tapco Group is part of the Construction Materials business unit of Headwaters, Inc., a billion-dollar company traded on the NYSE. - Page 383 -Item #21. Horizontal Storm Bar System The Horizontal Storm Bar System meets the Large Missile Impact Test requirement as specified in the IRC and IBC 2006. System includes: Architectural and Classic Collection shutters in Louver, • Raised Panel or Board and Batten styles. (does not apply to arch and radius top shutters) Can be ordered in 1/8" increments to a maximum of • 60" w x 102" h window opening (shutter width of 30"). A 1/8" thick polycarbonate panel that is permanently • attached to the back of each shutter. Two horizontal storm bars that are the width of the two • closed shutters and are installed at the top and bottom of the closed shutters. Horizontal storm bars are removable and can be installed when a hurricane threat occurs. Raised Panel shutters closed with horizontal storm bar system. Raised Panel shutters open. Refer to back page for additional testing protocol and code information.- Page 384 -Item #21. Vertical Storm Bar System The Vertical Storm Bar System meets the State of Florida Building Code 2006. System includes: Architectural Collection Louvered shutters or Classic • Collection Board and Batten shutters. (does not apply to arch and radius top shutters) Can be ordered in 1/8" increments to a maximum of • 60" w x 102" h window opening (shutter width of 30"). A 1/8" thick polycarbonate panel that is permanently • attached to the back of each shutter. A vertical storm bar that fits into mounting brackets on • the top and bottom of the window opening and fits between the two closed shutters. The mounting brackets and storm bars are removable and can be installed when a hurricane threat occurs. Storm shutters with the Vertical Storm Bar System have been independently tested to a Design Pressure (DP) of 60 PSF. Bahama Storm System The Bahama Storm System meets the State of Florida Building Code 2006. System includes: Architectural Collection Bahama • style shutter. Can be ordered in 1/8" width and 1-½" height • increments to a maximum of 60" w x 103" h. A 1/8" thick polycarbonate panel that • is permanently attached to the back of the shutter. A camelback locking system, which has been • specifically designed for Bahama shutters, is installed along the sides of the shutter. Bahama Storm Shutters have been independently tested to a Design Pressure (DP) of 60 PSF. Bahama storm shutter closed. Bahama shutter open. Board and Batten shutters closed with vertical storm bar system. Board and Batten shutters open. Refer to back page for additional testing protocol and code information.- Page 385 -Item #21. IRC = International Residential Code IBC = International Building Code ASTM = American Society for Testing Materials ASCE = American Society of Civil Engineers V mph (m/s ) 150 (67) 140 (63) 130 (58) 120 (54) 110 (49) 100 (45) 90 (40) International Building Code Basic Wind Speed (3-second gust) Please reference the Atlantic Premium Shutters product catalog for shutter styles, options, and color availability. Horizontal Storm Bar System Vertical Storm Bar System Bahama Storm System Meets the requirements of the Large Missile Impact Test (missile level D, wind zone 4*) as defined by ASTM E 1886- 05 and ASTM E 1996-05 as specified in the IRC and IBC.✓✓✓ Meets the Static Pressure and Cyclic Wind load testing as described by ASTM E 1886-05 and ASTM 1996-05 for storm shutters as specified in the State of Florida Building Code. ✓✓ *Wind Zone 4 = 140+ mph wind speeds For information regarding testing certification, installation instructions, warranty and pricing, call our customer service department at 866-288-2726. - Page 386 -Item #21. 800.269.8746 www.williampooledesigns.com WP-110 WP-120 WP-133 WP-121UA WP-130A WP-210 WP-220 WP-221 WP-233 WP-240 WP-310 WP-320U WP-321 WP-321U WP-340 WP-4210 WP-4220 WP-4233 WP-4310 WP-4320 WP-4233 WP-4410 WP-4420 WP-4430 Raised Panel or Louver styles. Choose from over fifty shutter designs. Some of the most popular designs are shown. Historically correct hardware. Shutters can be mounted with operable hardware. This hardware is forged from stainless steel with a black powder coat finish. “S” Holdback Rat-Tail Holdback Pintel on Plate 6" L-Hinge Presented by Atlantic Premium ShuttersTM ©2006 Headwaters Construction Materials, Inc. Item# 99110000 A5406-CT 6/06 - Page 387 -Item #21. A vailable in forty historically authentic colors. Actual colors may vary from printed representations. Black Board & Batten Red Bordeaux Canyon Cascade Charleston Green Chelsea Grey Classical White Craftsman Brown Deep Sea Blue Driftwood Evergreen Federal Brown Forest Green Garnet Hamilton Blue Hammored Silver Harbor Midnight Sky Pewter Pine Plum Creek Polished Mahogany Redwood Rookwood Dk. Grn. Rookwood Md. Brn. Rookwood Shutter Grn. Roycraft Bottle Grn. Roycraft Copper Red Roycraft Mist Grey Roycraft Pewter Sand Stratford Blue Tempest Blue Tricone Black Walnut Weathered Shingle White Wicker Wineberry “I specify Atlantic Shutters for all of our home designs. They impart a sense of security, quality and character that is distinctive even from a distance… they are simply the best”. –William E. Poole or nationally acclaimed designer, William E. Poole, being a home planner has always meant more than creating home plans and developing neighborhoods. He believes that a home is a place to store memories; an environment built on the ideals of comfort and beauty – The American Dream. William E. Poole and Atlantic Premium Shutters continue that ideal by creating the finest, most distinctive shutters to complete your own American Dream. on Materials ConstruCtion The outer edge of each shutter stile is crafted so that one shutter overlaps the other when the shutter is closed. This provides a tight and weatherproof fit. The 3/8" beading detail on the back of the shutter’s shiplap edge offers the handcrafted elegance of fine joinery. ExclusivE shiplap EdgE BEadEd dETail The ultimate, fully working shutter. Historically accurate. Authentic in every detail. F These shutters are backed by a limited lifetime warranty against cracking, splitting, rotting and excessive warping. The paint finish is warranted against peeling or flaking for fifteen years. See the warranty document for further information. he William E. Poole collection of shutters will bring a lifetime of beauty and performance to any home. They are truly functional and historically accurate with the exact look and feel of fine joinery. Every shutter is custom manufactured and meticulously hand assembled to meet the highest quality standards. Modern technology is utilized to make these shutters maintenance-free and worry- free for many years to come. They are made from pultruded fiberglass, proprietary composite materials, and high density PVC. An automotive grade, two-part acrylic urethane finish is applied for a superior finish in your choice of 40 specially formulated colors or a custom color. These custom shutters are available in Raised Panel and Louvered styles and are sized to meet the customer’s specifications. For operable installation, shutters are mounted with stainless steel hardware with a black powder coat finish. T - Page 388 -Item #21. BURGLAR RESISTANT • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HAIL PROTECTION • BURGLAR RESISTANT • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HAIL PROTECTION NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • BURGLAR RESISTANT • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HAIL PROTECTION • BURGLAR RESISTANT • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HAIL PROTECTION NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BURGLAR RESISTANT • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HAIL PROTECTION • BURGLAR RESISTANT • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HAIL PROTECTION NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • BURGLAR RESISTANT • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HAIL PROTECTION • BURGLAR RESISTANT • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HAIL PROTECTION NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • CONTACT YOUR LOCAL AUTHORIZED ALUTECH DEALER: Alutech United, Inc. 117 Dixon Street Selbyville, DE 19975 302-436-6005 302-436-5100 Fax 800-233-1144 alutech.com Alutech United, Inc. 1537 Northgate Blvd. Sarasota, FL 34234 941-355-0970 941-355-0972 Fax ALUTECHSTUDIO STAR The only bottom up roll shutter system that covers shaped openings exclusively from Go to alutech.com or visit our social sites to see more applications installation types and videos. Apps available at App Store and Google play. SCORPION • Powder coated frame • Simple and quiet operation • Keeps out bugs • Long life-span • Can be removed and stored during off season • Patented system • Magnet pull bar to lock screen closed • Stack hold back clip • 3/16” low profile bottom track • Multiple splitting options • Custom built per opening • Easy to replace screening • Long lasting polypropylene fabric • Handicapped accessible ZIP TEX • Large spans • Several fabric options • Solar protection • Thermal protection • Heavy duty bottom hem bar • Can be used for skylights • German engineering and parts coupled with American ingenuity and international building code requirements • Wind load tested in excess of 100 mph • Clear window inserts available • Manual options available • Remote control options GRILLES • Security • Made of aluminum with some stainless steel and galvanized components • Durable with extended service life • Motorized for ease of use • Remote controlled and automated interfaces available for security systems • Smooth, quiet, and low maintenance operation • Key or slide bolt locks available on end slat for maximum protection • 5 stock frame colors with grille mill finish: white, cream, light beige, brown, gray • Powder-coated framing, mill finish aluminum grille • Architecturally pleasing compared to steel doors The Studio Star Shutter system is the most unique shutter system manufactured in the world. The technology and engineering that goes into each shutter has been tested and developed over the last 35 years throughout the U.S. and all of Europe. All of the special components have been designed specifically for this shutter system including the drive mechanism and the slat extrusions. Sidelocker technology had to be engineered to maintain curtain stability and continuously hold the true shape of the shutter. With the Studio Star system, every homeowner can now protect any opening from the elements with a rolling shutter product. Arch-topped windows, trapezoid shaped windows, and even rectangular openings with little room at the top can all be covered to give the home a uniform appearance. comfort custom control made - Page 389 -Item #21. BURGLAR RESISTANT • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HAIL PROTECTION • BURGLAR RESISTANT • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HAIL PROTECTION NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • BURGLAR RESISTANT • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HAIL PROTECTION • BURGLAR RESISTANT • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HAIL PROTECTION NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • NOISE PREVENTION • PROTECTION AGAINST COLD • DARKENING • HIGH WIND SAFE GUARDING • VIEW PROTECTION • HEAT PROTECTION • SUN PROTECTION • WIND BLOCK • BENEFITS • 3/16” Synthetic fiber cord, lasts 10+ years • Residential security • Hurricane protection RCE40 is hurricane rated—type R/G only. Other shapes need site specific drawings. Magnum is hurricane rated—type G only • Solar protection • Thermal protection • Only roll shutter system that covers shaped openings • Protect virtually any shaped opening • German engineering and parts coupled with American ingenuity and International Building Code requirements • Extruded slat profiles • Engineered motor and drive system • Specialized pulley system • Custom framework • Light and visibility even when closed • Manual options available APPLICATIONS • Skylights • Sunrooms • Gable windows • Arched windows • Flat openings SPECIALIZED CLUTCHED AND TORQUE MOTORDOUBLE WALL SLAT OPTIONS SINGLE WALL SLAT OPTIONS SPECIALIZED PULLEY AND CABLE SYSTEM STANDARD SHAPES RCE40 42 SINGLEWALL Material extruded aluminum electric static paint finish Max. Width 120” wide Max. Height 110” tall Vent Option perforated light holes Material extruded aluminum electric static paint finish Max. Width 165” wide Max. Height 110” tall Vent Option available TYPE GR TYPE G TYPE GS TYPE S TYPE SIG TYPE SI TYPE R TYPE SR 57 MAGNUM Material extruded aluminum powder coated paint finish Max. Width 216” wide Max. Height 144” tall Vent Option perforated light holes RC42 Material rollformed aluminum foam filled, powder coat paint finish Max. Width 118” wide Max. Height 120” tall Vent Option available Angled skylights and sunrooms only. Not available for bottom up systems. White All Profiles Brown All Profiles Light Beige All Profiles Cream All Profiles Gray All Profiles Silver Single Wall Barracuda RC37 Magnum Black Custom Color RC37 RC42 RAL Colors Upcharge All Profiles Color Examples: - Page 390 -Item #21. - Page 391 -Item #21. - Page 392 -Item #21. - Page 393 -Item #21. - Page 394 -Item #21. - Page 395 -Item #21. - Page 396 -Item #21. - Page 397 -Item #21. - Page 398 -Item #21. - Page 399 -Item #21. - Page 400 -Item #21. - Page 401 -Item #21. CITY OF TYBEE ISLAND ITB NO. 2020-756 NEW STORM SHUTTERS /OPENING PROTECTION ADDENDUM #1 BID DUE: WEDNESDAY, DECEMBER 1, 2020 by 2:00pm The following information should be considered in preparation of responses to the above named Invitation to Bid, and is hereby incorporated into the original ITB document. All other terms, conditions, specifications, and requirements as noted in the original RFP remain unchanged and must be met. Return this signed addendum with your proposal response. Name of Company: ________________________________________ Name/Title: ______________________________________________ Signature: ________________________________________________ - Page 402 -Item #21. Date: 11/20/2020 Attn: Bidders To: Bidders Via: E-Mail, (4) pages including cover Address/#: From: ---- Project #: 20.037 Project name: City of Tybee Island- New Storm Shutters/ Opening Protection PRE-BID - Addendum #1 Date submitted: 11/20/20 RE: Clarifications to ITB 2020-756- New Storm Shutters/Opening Protection Question: 1.) City Hall has double windows and need verification as understood the colonial shutters can’t be 82”(double windows) wide? RESPONSE: The Colonial Shutters are double hinged on the double windows as per note on Sheet “F”. Question: 2.) As understood, the “Atlantic shutters will not meet Hurricane standards that Tybee hoped to achieve. No double or two panel (with combination) styles shutters work. The Bahama Works with the double windows and the roll screen work. And the shutters for buildings (not city hall) all Atlantic shutter picked are NOT hurricane rated but are just decorative.” RESPONSE: The shutters are specified as “or equal”. Per my understanding the colonial type Atlantic (Storm) Shutters (or other equals) are rated for Miami Dade standards/building codes/ impact resistance for coastal regions. They must be secured when closed with a horizontal or vertical bar system (per notes on alternate shutter elevations) to achieve the highest wind resistance available for this type shutter. If the bidder can’t meet the 140 MPH wind rating, then they should specify the maximum and make all efforts to achieve the impact/rating requested. These type shutters offer a very high level of protection from hurricanes and have been used for decades on coastal properties. If the combination panel style is not offered per bid submitted manufacturer, architect/owner will work with bidder on louvered or raised panel design. Decorative shutters only are not acceptable and must serve to be closed during high winds for protection from large and small missile impacts and pressures. See below - Cont. - Page 403 -Item #21. Question: 3.) I had a quick question about this project as we have just completed a similar project on a building for Chatham County. We installed the same style of coiled roll down metal shutters for them and they had an electrical component to them that operated them up and down. I don't see anything that mentions that on these plans and I just want to confirm that these are all supposed to be manually operated only. Thanks for any assistance. RESPONSE: As noted on sheet CV2, “All shutters to be manual”. However, it has come to our attention that the shutter type D1, due to angular shape will need to be electric. The City will provide all electricity as needed to this shutter; contractor install. All other shutters to be manually operated. Question: 4.) The sizes they have provided for pricing are said to be finished sizes, but all housing sizes are called out as 6.5” boxes. The size of the housing is determined by the height of the clear opening AKA how much curtain needs to roll up in the housing. Some of these opening heights are taller than what would fit in a 6.5” box. Can I assume that if I take their provided finished size, and deduct 6.5”, that I can use that to determine the clear opening height? I can then notate which of the openings are outside of the parameters for 6.5” housings. RESPONSE: Understood. The roller housing will vary in depth due to the length of the window. The 6.5” dimension is a carry-over note /typo and was deleted on most. Please ignore this housing dimension as we understand this may vary due to length of opening. Cont. - Page 404 -Item #21. Question: 5.) Some openings are notes as masonry attachments. Do these openings have masonry structure? Or do they simply have a masonry façade with wood framing? RESPONSE: This is not completely known as to the back up of each wall and can assume it is a veneer brick over cmu masonry or cmu in most given cases. Question: 6.) The finished sizes given for the rolldown vs the colonial shutter alternates on a few windows have some weird discrepancies, so I just want to clarify accuracy. From the shutter schedule, opening I-4 for instance has a finished rolldown height of 85” vs a finished colonial height of 60”, so that is a 25” difference. Opening 1-9 shows a finished rolldown height of 32.5" vs the colonial height of 74”. RESPONSE: Answer: Understood. The colonial type shutters are to be the same width and height as the window/opening in most cases. It is typical that a colonial shutter type fits INSIDE the openings and/or are typically the same overall size of the window they are covering. So, the overall height and width of the colonial type shutters will be less than a roll-down shutter application. The roll down shutter systems are larger than the opening due to the frames on each side and how they mount to the face of the wall. The roll-down shutters are typically 6” to 8 “wider or more than the openings on each sides/bottom. However- ALL windows need to be verified in field prior to ordering as the dimensions given on all are nominal. Question: 7.) We have a few questions for ITB NO. 2020-756 NEW STORM SHUTTERS/OPENING PROTECTION. As follows: a.) Provide a tentative project award date. RESPONSE: December 10 b.) Confirm dateline for project completion. RESPONSE: It is currently understood that FEMA will grant extension, +/- 2 months. c.) What are the working days/hours allowed for this project? RESPONSE: 7:00 AM to Dust d.) Will we be provided a laydown area at each location. RESPONSE: Yes e.) Who is responsible for the permit fees? RESPONSE: City of Tybee. f.) Would we have access to electrical power and/or restrooms? RESPONSE: Yes g.) Would we be allowed to turn-over to the City completed/close-out buildings? RESPONSE: Yes End of Document CC: File; Owner; All bidders - Page 405 -Item #21. - Page 406 -Item #21. - Page 407 -Item #21. - Page 408 -Item #21. - Page 409 -Item #21. - Page 410 -Item #21. - Page 411 -Item #21. - Page 412 -Item #21. - Page 413 -Item #21. - Page 414 -Item #21. - Page 415 -Item #21. - Page 416 -Item #21. - Page 417 -Item #21. - Page 418 -Item #21. - Page 419 -Item #21. - Page 420 -Item #21. - Page 421 -Item #21. - Page 422 -Item #21. - Page 423 -Item #21. - Page 424 -Item #21. - Page 425 -Item #21. - Page 426 -Item #21. - Page 427 -Item #21. - Page 428 -Item #21. - Page 429 -Item #21. - Page 430 -Item #21. - Page 431 -Item #21. - Page 432 -Item #21. - Page 433 -Item #21. - Page 434 -Item #21. - Page 435 -Item #21. File Attachments for Item: 22. Water Tank Maintenance – 78 Van Horn Critical tank maintenance requires that ALL equipment be removed. Verizon has installed a temporary pole on site for their equipment. Chatham County ICS will be providing an additional temporary pole to transfer all remaining public safety radio equipment, with the exception of the microwave drum antenna connecting this site to the County network. Comcast will provide a temporary point-to-point circuit as a workaround. The cost is to establish a secure site just north of the tower, erect the temporary pole, transfer the equipment,  provide temporary land- based communications and return all equipment to the tank when maintenance is complete.   - Page 436 -Item #22. Williams Comm Inc. Work WCI Removal & De-commission microwave dish See comment Labor $1,200.00 Antenna removal $5,628.83 WCI Re-Install Dish on Water Tower Labor $5,628.00 Commission MW radios $2,400.00 WCI engineering $1,600.00 Material (wave guide)$4,645.00 Subtotal $21,101.83 Tybee Island Water Tank solution - Page 437 -Item #22. Motorola - MCA Work Site Scope Summary See comment MSI Responsibilities:See comment Customer Responsibilities: See comment Subtotal $139,000.00 Temp Fencing for Security See comment $10,000.00 Comcast Xfinity Service Circuit connectivity between Tybee and Master Site 4 to 6 months 13 month contract @ $797 month $10,361.00 Install fee for Xfinity waived Total Cost $180,462.83 Tybee Island Water Tank solution - Page 438 -Item #22. Date Received by Finance: FINANCE USE ONLY: Date:BA Ref No. Purpose: Adjusted Department Account Description Account Number Current Budget (Expenditures)Budget Balance DECREASE ```Budget Balance W/S Prior Year Fund Balance 505-00-39-1300 1,026,058.00 1,026,058.00 180,400.00 845,658.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUBTOTAL LINE ITEM DECREASES:180,400.00$ xx Department Account Description Account Number Current Budget (Expenditures)Budget Balance ```INCREASE Budget Balance W/S Infrastructure 505-4350-54-1400 1,242,500.00 632,261.25 610,238.75 180,400.00 790,638.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUBTOTAL LINE ITEM INCREASES:xx 180,400.00$ Net Change 180,400.00$ 180,400.00$ Signature : Todd Smith Was the Budget Amendment Request approved by the City Council? YES NO N/A If yes, please indicate the date approval was given: _____________________________ Attach Copy of Agenda Item and minutes from the City Council Meeting Date: Approved by: ___________________________________________ Date: __________________ Transfer funds to cover water tower project Budget Adjustment Requested LINE ITEM DECREASES CITY OF TYBEE ISLAND, GEORGIA BUDGET LINE ITEM TRANSFER REQUEST FORM W/S 1/6/2021 Department Submitted By: LINE ITEM INCREASES Signature of Finance Employee who Processed the Request: - Page 439 -Item #22. File Attachments for Item: 23. Budget amendment to move funds from Fund Balance to Capital Building Improvements for renovation of old Marine Science Center building. - Page 440 -Item #23. Date Received by Finance: FINANCE USE ONLY: Date:BA Ref No. Purpose: Adjusted Department Account Description Account Number Current Budget (Expenditures)Budget Balance DECREASE ```Budget Balance Prior Year Fund Balance 100-00-39-1300 384,750.00 384,750.00 200,000.00 184,750.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUBTOTAL LINE ITEM DECREASES:200,000.00$ xx Department Account Description Account Number Current Budget (Expenditures)Budget Balance ```INCREASE Budget Balance Capital Improvements Bldgs 100-4210-54-1300 70,000.00 7,792.50 62,207.50 200,000.00 262,207.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUBTOTAL LINE ITEM INCREASES:xx 200,000.00$ Net Change 200,000.00$ 200,000.00$ Signature:Shawn Gillen Was the Budget Amendment Request approved by the City Council? YES NO N/A If yes, please indicate the date approval was given: _____________________________ Attach Copy of Agenda Item and minutes from the City Council Meeting Date: Approved by: ___________________________________________ Date: __________________ LINE ITEM INCREASES Signature of Finance Employee who Processed the Request: Transfer funds from Fund Balance for removation of old TIMSC building to be used for Parking, Life Guards and TIPD Budget Adjustment Requested LINE ITEM DECREASES CITY OF TYBEE ISLAND, GEORGIA BUDGET LINE ITEM TRANSFER REQUEST FORM City Manager 1/7/2021 Department Submitted By: - Page 441 -Item #23. File Attachments for Item: 24. Budget Adjustment: Salt Meadows Project: Nutter and Associations, Hydrologic Analysis Reassement for Leonard property driveway maintenance project - Page 442 -Item #24. Date Received by Finance: FINANCE USE ONLY: Date:BA Ref No. Purpose: Adjusted Department Account Description Account Number Current Budget (Expenditures)Budget Balance DECREASE ```Budget Balance Prior Year Fund Balance 100-00-39-1300 184,750.00 184,750.00 25,000.00 159,750.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUBTOTAL LINE ITEM DECREASES:25,000.00$ xx Department Account Description Account Number Current Budget (Expenditures)Budget Balance ```INCREASE Budget Balance SBD Salt Meadows Rd Project 100-7520-54-14006 0.00 0.00 25,000.00 25,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUBTOTAL LINE ITEM INCREASES:xx 25,000.00$ Net Change 25,000.00$ 25,000.00$ Signature: Shawn Gillen Was the Budget Amendment Request approved by the City Council? YES NO N/A If yes, please indicate the date approval was given: _____________________________ Attach Copy of Agenda Item and minutes from the City Council Meeting Date: Approved by: ___________________________________________ Date: __________________ Additional funds needed for Salt Meadows project Budget Adjustment Requested LINE ITEM DECREASES CITY OF TYBEE ISLAND, GEORGIA BUDGET LINE ITEM TRANSFER REQUEST FORM City Manager 1/7/2021 Department Submitted By: LINE ITEM INCREASES Signature of Finance Employee who Processed the Request: - Page 443 -Item #24. NUTTER + ASSOCIATES 1 January 6, 2021 Alton Brown Resource and Land Consultants 41 Park of Commerce Way, Suite 101 Savannah GA, 31405 Subject: Hydrologic analysis reassessment for Leonard property driveway maintenance project, Tybee Island, Georgia, Proposal No. 21002. Mr. Brown, Nutter & Associates (NAI) is pleased to present this Scope of Work (SOW) and budget to Resource and Land Consultants (RLC) to repeat the hydrologic analysis that was performed at the subject project site in 2014. The site is located on the south ern end of Polk Street on Tybee Island. This SOW is to repeat the same study and evaluate the same objectives detailed in the attached Technical Memorandum 13-079.01 (dated 09 June 2014). The SOW includes a site evaluation and near-continuous measurement of water levels at five locations for a minimum of three days. NAI will install the instrumentation during the site evaluation and obtain elevation data for each well so that water elevations can be evaluated as a part of the analysis. This SOW does not include retrieval of the water level loggers and removal of the wells and construction materials. It is our understanding that RLC will provide those tasks. The data from the water level loggers will either be downloaded and emailed to NAI or the loggers can be shipped to NAI for download. Analysis and reporting will follow the same general format as Technical Memorandum 13-079.01. BUDGET AND SCHEDULE The not-to-exceed cost to conduct all aspects of the work described above is $11,590. This cost assumes that six (6) water level loggers suited for estuarine conditions can be provided by RLC. If purchase of the water level loggers is required for the project, an additional $4,100 will be - Page 444 -Item #24. NUTTER + ASSOCIATES 2 added to the cost. NAI can complete the site evaluation and instrument installation by January 29, 2021. A draft Technical Memorandum can be generated for RLC approximately four (4) weeks following receipt of the data. If the scope of work meets your needs and the budget is acceptable, please return a signed copy of the attached Professional Services Contract. This will authorize us to begin work and will serve as your acceptance of our terms (which are also attached). Should situations be encountered during the course of the project such that the scope of work and/or budget are changed, Nutter & Associates will contact you prior to performing out -of- scope tasks. We can begin work immediately within fourteen (14) days of receiving authorization. Nutter & Associates is pleased to provide these services to RLC. If you have any questions regarding the proposed budget and/or scope, please do not hesitate to contact us. We look forward to working with you. Sincerely, NUTTER & ASSOCIATES, INC. Cody Hale, Ph.D., PH Principal, Senior Scientist - Page 445 -Item #24. 360 Hawthorne Lane Athens, GA 30606-2152 P (706) 354-7925 F (706) 354-7928 www.NutterInc.com Professional Services Contract OFFICE USE ONLY: Project Number Date Project Name Description of Services Cost of Services* Invoice Format Billing Frequency CLIENT USE: Purchase Order # (If applicable) Bill to Information Company Name: Address: Contact Information Name: Office #: Cell #: Email: Remit Invoice to** Name: (If different from Contact)Email: If hard copy of invoice is required, please include mailing address Client hereby acknowledges that this Proposal is provided subject to the general terms and conditions set out on the reverse side of this Proposal (the "Terms and Conditions"), which are hereby incorporated as a part of this Proposal. Client's acceptance of this Proposal shall be deemed an acceptance of the Terms and Conditions. Authorized by: Signature Authorized Name *This price is good for 6 months from the scope date. **If applicable, please notify your NAI point of contact with special billing instructions. 21002 January 6, 2021 Tybee Driveway Hydro Analysis II Hydrologic analysis reassessment for Leonard property driveway maintenance $11,590.00 Time & Expense Monthly - Page 446 -Item #24. TERMS AND CONDITIONS Client hereby accepts the following general terms and conditions ("Terms and Conditions") applicable to Nutter & Associates, Inc.'s performance of the services described in the attached Proposal (the "Services"): 1.Payment Terms. Client shall pay all amounts due to Nutter & Associates, Inc. ("Nutter & Associates") upon receipt of each invoice from Nutter & Associates. Any amounts not paid by Client within thirty (30) days of the date of such invoices shall accrue interest at a rate of one and one half percent (1.5%) per month until such time as such amounts are paid in full. Client shall be responsible for all reasonable attorney's fees incurred by Nutter & Associates in connection with the collection of any amounts properly due and payable to Nutter & Associates in accordance with the terms of the Proposal and these Terms and Conditions. 2.Performance Standard. Nutter & Associates shall perform the Services using the care and skill ordinarily exercised by organizations performing services in the fields of soil and hydrologic evaluation, ecosystem evaluation and land treatment in the same or similar locality as the location where the Services are rendered. Client hereby acknowledges that Nutter & Associates makes no other representation or warranty with respect to the Services. Client further acknowledges that any oral or written reports furnished by Nutter & Associates shall not be construed as any representation or warranty with respect to the Services. NUTTER & ASSOCIATES HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 3.Limitation of Liability. Client hereby agrees that Nutter & Associates' total aggregate liability for any damages incurred by Client in connection with Nutter & Associates' performance of or failure to perform the Services shall not exceed the greater of (i) Fifty Thousand and No/100 Dollars ($50,000.00) or (ii) Nutter & Associates total fee for the Services. IN NO EVENT SHALL NUTTER & ASSOCIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL CONSEQUENTIAL, PUNITIVE OR RELIANCE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, SAVINGS OR REVENUES OR INCREASED COST OF OPERATIONS, REGARDLESS AS TO THE NATURE OF CLIENT'S CLAIM AGAINST NUTTER & ASSOCIATES. 4.Insurance Coverage. Nutter & Associates shall maintain the following insurance coverages during the period in which the Services are performed: (i) worker's compensation and employer's liability insurance coverage with coverage limits which conform to the requirements of applicable law; (ii) comprehensive general liability insurance coverage on an occurrence basis in an amount not less than $1,000,000.00 per claim with an aggregate limit of not less than $2,000,000.00; and (iii) automobile liability insurance coverage for both bodily injury and property damage with a combined single limit of $1,000,000.00. Nutter & Associates shall provide Client with a certificate of insurance evidencing the aforementioned insurance coverages upon request by Client. 5.Damage to Man-Made Objects. Client shall be responsible for disclosing the presence and accurate location of all underground or otherwise hidden man-made objects which might interfere with field tests or boring to be performed by Nutter & Associates as part of the Services. Client hereby agrees to indemnify and hold Nutter & Associates harmless from and against all claims, suits, losses, personal injury, death and damage to property ("Indemnified Claims") resulting from unusual subsurface conditions or damage to subsurface structures or objects owned by client or any third parties in connection with Nutter & Associates' performance of the Services where such unusual subsurface conditions or the presence of such subsurface structures or objects are not disclosed by Client to Nutter & Associates in writing prior to the performance of the Services. Client's obligation to indemnify Nutter & Associates in accordance with this Section 5 shall include all expenses incurred by Nutter & Associates in connection with Indemnified Claims, including, without limitation, Nutter & Associates' reasonable attorney's fees. 6.Damage to Work in Place. Client hereby acknowledges that there is the possibility of the occurrence of certain events or conditions which may affect work performed by Nutter & Associates as part of the Services ("Work in Place") and which are outside of the control of Nutter & Associates. Client further acknowledges and agrees that the occurrence of any of the following events and conditions shall not obligate Nutter & Associates to re-perform or replace any Work in Place: (a)The occurrence of either natural (including, without limitation, weather events) or unnatural (including, without limitation, upstream discharges) events which cause damage to Work in Place, including, but not limited to: (i) failure of any structures installed as part of the Work in Place; (ii) the erosion of or failure of any stream banks; (iii) the erosion or displacement of existing or planted vegetation within stream channels, riparian valleys or riparian zones; or (iv) wind damage to existing or planted vegetation within stream channels, riparian valleys or riparian zones; (b)The occurrence of either natural (including, without limitation, weather events) or unnatural (including, without limitation, upstream discharges) which cause physical modification of any stream channels; (c)The cutting and/or removal of either existing vegetation or vegetation planted by Nutter & Associates within the stream channel, riparian zone or riparian valley adjacent to or upstream from the Work in Place; and (d)Drought conditions which inhibit or permanently damage the vegetative success of vegetation. In the event any Work in Place is damaged or destroyed as a result of the occurrence of any of the aforementioned events or conditions, Client may request that Nutter & Associates perform such work as may be necessary to correct such damage or destruction. Nutter & Associates shall provide Client with a new proposal for the performance of such work, and Client may but shall not be obligated to engaged Nutter & Associates to perform such work in accordance with the terms of the new proposal. 7.Governing Law. The Proposal and these Terms and Conditions shall be governed by the laws of the State of Georgia. 8.Entire Agreement. The Proposal and these Terms and Conditions constitute the entire agreement between Nutter & Associates and Client with respect to the Services. The Proposal and these Terms and Conditions supersede all prior agreements, proposals, representations, statements or understandings, whether written or oral concerning the Services. 9.Binding Effect. The Proposal and these Terms and Conditions shall be binding upon any successors and assigns of Nutter & Associates and Client. - Page 447 -Item #24. Form W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ▶Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS.Print or type. See Specific Instructions on page 3.1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. Individual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶ Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) ▶ 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code Requester’s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number –– or Employer identification number – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person ▶Date ▶ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Nutter & Associates 4 360 Hawthorne Lane Athens, GA 30606-2152 5 8 2 3 7 3 8 3 6 1/1/2021 - Page 448 -Item #24. 07/31/2020 Chastain & Associates Ins P.O. Box 1908 Athens GA 30603 Megan Carrion (706) 543-2575 (706) 543-4847 mcarrion@chastain-assoc.com Nutter & Associates, Inc. 360 Hawthorne Lane Athens GA 30606 Property-Owners Southern Trust 12610 AutoOwners 18988 Valley Forge 20508 OneBeacon Environmental CL2073131291 A 8022165020 08/01/2020 08/01/2021 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 B ACV102002415 08/01/2020 08/01/2021 1,000,000 Medical payments 5,000 C 4863969800 08/01/2020 08/01/2021 5,000,000 5,000,000 D N WC425931825 08/01/2020 08/01/2021 1,000,000 1,000,000 1,000,000 E PROFESSIONAL LIABILITY CONTRACTORS POLLUTION 793-00-36-09-0004 08/01/2020 08/01/2021 EA WRONGFUL ACT 2,000,000 AGGREGATE 2,000,000 EA POLLUTION CONDIT 1,000,000 Insured Copy SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY - Page 449 -Item #24.  360 Hawthorne Lane Athens, GA 30606-2152 P (706) 354-7925 F (706) 354-7928 www.NutterInc.com       TECHNICAL MEMORANDUM NO. 13-079.01 PREPARED FOR: Alton Brown Resource & Land Consultans PREPARED BY: Cody Hale, Ph.D., PH C. Todd Headley Principal, Project Scientist Staff Scientist DATE: June 9, 2014 SUBJECT: Hydrological and ecological assessment of proposed Polk Street maintenance project, City of Tybee Island, Georgia. CONTENTS 1.0 INTRODUCTION 2.0 SITE DESCRIPTION 3.0 METHODS 4.0 HYDROLOGY 4.1 Monitoring Results 4.2 Hydrologic Effects of Proposed Driveway Project 5.0 ECOLOGICAL CONSIDERATIONS 5.1 General Ecological Community 5.2 Essential Fish Habitat and Passage 6.0 NECESSITY OF CULVERTS 7.0 CONCLUSIONS 8.0 REFERENCES - Page 450 -Item #24.     Nutter & Associates, Inc. ii   LIST OF FIGURES Figure 1. Vicinity map of proposed driveway maintenance project, Tybee Island, GA. Figure 2. Stilling well locations and Eastern and Western Salt Marsh boundaries within the vicinity of the proposed driveway maintenance project. Figure 3. Coastal habitats mapped by the National Wetland Inventory within the vicinity of the proposed driveway maintenance project, Tybee Island, Georgia. Figure 4. Daily tidal data measured at Fort Pulaski, GA (gage 8670870) from May 1, 2013 to April 25, 2014. Figure 5. Upper and lower bounds of higher high (HH) tides measured at Fort Pulaski, GA (gage 8670870) during data collection period (March3-6, 2014) relative to daily higher high tide elevations measured over the 14-month periodfrom January 1, 2013 to March 6, 2014. Figure 6. Pre- and post- driveway tidal flow conditions. Figure 7. Water surface elevations recorded at stage recorders 1E, 1W, 2E, 2W, and Creek from March 3-6, 2014. Figure 8. Water surface elevations recorded during the rising limb and peak of the lowest high tide event at stage recorders 1E, 1W, 2E, 2W, and Creek. Figure 9. Water surface elevations recorded during the rising limb to peak of the highest tide at stage recorders 1E, 1W, 2E, 2W. Figure 10. Temporal lag of high tide at 1E relative to Creek as a function of maximum tide elevation. - Page 451 -Item #24.     Nutter & Associates, Inc. 1   1.0 INTRODUCTION On behalf of the City of Tybee Island, Georgia, Nutter & Associates (NAI) staff conducted a hydrologic analysis to satisfy Item C within the request for additional information (RAI) (SAS- 2012-00089) issued by the US Army Corps Engineers on June 25, 2013. The RAI was in reference to the proposed driveway maintenance project located at the southern end of Polk Street on Tybee Island, Georgia (Figure 1). The unpaved southern end of Polk Street south of Highway 80, also referred to as the driveway in this report, leads to a private hammock with two residences owned by Michael E. Leonard. The unpaved southern end of Polk Street south of Highway 80 serves as the primary driveway for both residences (Figure 1). The elevation of the driveway has decreased over time, allowing tidal waters to overtop it during high tides. The City of Tybee Island and Mr. Leonard have proposed a maintenance project to repair the driveway such that safe vehicular access is possible during most tide conditions. The primary goal of this hydrologic analysis was to evaluate the project’s potential to adversely impact salt marsh, Essential Fish Habitat, and the estuary in the vicinity of the driveway by changing or restricting water flow. 2.0 SITE DESCRIPTION Chimney Creek forms a dendritic network of tidal channels that surround the periphery of the private hammock to the west, south, and east (Figure 1). The general assessment area for this analysis is defined as the marsh, upland, and developed area contained in the polygon bounded by US 80 on the north, Chimney Creek to the east and south, and the tidal creek that feeds the canal paralleling US 80 immediately north of the Leonard property to the west (Figure 1). The marsh area on the east side of the driveway is referred to as the Eastern Salt Marsh (ESM; Figure 2); likewise, the area to the west of the driveway is referred to as the Western Salt Marsh (WSM). A small, developed peninsula forms a divide between the eastern extent of the ESM and Chimney Creek except for a small area of connection to the south (Figure 2). The marsh surrounding the proposed driveway maintenance project is a persistent emergent wetland habitat comprised of a mosaic of low and high salt marsh. Cowardin (1979) defines a persistent emergent wetland as a wetland “dominated by species that normally remain standing at least until the beginning of the next growing season.” Mitsch and Gosselink (2000) define a low salt marsh as an “intertidal or lower marsh in salt marsh that is located in the intertidal zone and is flooded daily.” A high marsh is defined as an “upper zone of a salt marsh that is flooded irregularly and generally is located between mean high water and extreme high water” (Mitsch and Gosselink, 2000). Low marsh habitat is predominant across the assessment area. However, a few higher elevation areas exist within the low marsh that are flooded irregularly and are considered high marsh. The ESM and WSM are mapped by the National Wetland Inventory (NWI) as areas of E2EM1P and E2EM1N habitat [Estuarine (E), Intertidal (2), Emergent (EM), Persistent (1), Irregularly Flooded (P), Regularly flooded (N)] (Figure 3). Chimney Creek is mapped as E1UBL habitat [Estuarine (E), Persistent (1), Unconsolidated Bottom (UB), Subtidal (L)] (Figure 3). Vegetation within the assessment area includes needlegrass rush (Juncus roemerianus), smooth cordgrass (Spartina alterniflora), and saltwort (Salicornia sp). - Page 452 -Item #24. Salt marshes serve as a primary nursery ground for many fish and shellfish species. Other wildlife that depend on salt marshes and estuary for habitat include birds such as the great blue heron (Ardea herodius), bald eagles (Hal/aeetus leucocepha/us), clapper rails (Rallus longirostris), sparrows, and various ducks (Georgiawildlife.com). 3.0 METHODS Five stilling wells were installed and instrumented with HOBO® water level sensors to continuously monitor tidal elevations at key locations on the project site (Figure 2). Two stilling wells (1E and 2E) were deployed within the ESM. A third stilling well (1W) was installed within a canal on the northwestern edge of the WSM. A fourth stilling well (2W) was installed within the WSM. The fifth stilling well (Greek) was installed on Chimney Creek at the southern end of the hammock (Figure 2). Water depths for five high tide and four low tide cycles were logged over a three day period. A topographic survey of stilling well, salt marsh ground surface, water surface, and driveway elevations was completed using a Topcon Total Station®. The surveyed points were corrected to LiDAR-derived elevations to transform recorded water levels to true water surface elevations. Visual observations of water dynamics over the driveway and in the adjacent salt marsh areas were observed during periods of high and low tide. Daily tidal data from the Fort Pulaski tidal gauge (Gauge 8670870) was downloaded from the National Oceanic and Atmospheric Administration website (NOAA; www.noaa.gov) to characterize the range of tidal amplitudes that occurred before, during, and following hydrologic data collection on the project site. 4.0 HYDROLOGY Water level data for five high tide and four low tide cycles were recorded over a three day period beginning on March 3, 2014 at 15:00 and ending at 05:00 on March 6, 2014. This measurement period occurred between two spring high tides, which occurred on March 1 and 17, 2014, respectively (Figure 4). The Higher High (HH) tidal elevation ranged from 1.932 feet to 5.721 feet from January 1, 2013 to March 31, 2014 (Figure 5). During the period that water level data was collected on the project site (March 3-6, 2014), the HH ranged between 4.527 feet and 5.134 feet, indicating that above average high tide elevations were present (Figure 5). The hydrology of the ESM prior to the construction of the driveway appears to have been fed by overland flooding produced from the marsh flats to the west of the driveway and from a tidal channel located in the southern extent of the ESM (but east of the private hammock and the driveway). This tidal channel has a direct connection to Chimney Creek and, as it flows north from well 2E to 1 E, branches into numerous small, flow paths that distribute tidal waters to the upper extent of the ESM (Figure 6). Under current conditions, and for the past 60 years, the primary source of hydrology for the ESM is from the tidal channel that enters at the southern extent of the area (see hydrologic signature in Figure 6). Nutter & Associates, inc. 2 Item #24. - Page 453 -