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R2019-13 Golf Bag Storage System PurchaseRESOLUTION 2019-13 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO SPACESAVER STORAGE SYSTEMS, INC. FOR A GOLF BAG STORAGE SYSTEM FOR THE NEW COUNTRY CLUB CLUBHOUSE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village issued an Invitation to Bid for a Golf Storage System for the New Country Club Clubhouse ("ITB"); and WHEREAS, the Village received three bids in response to the to the ITB, and Village Staff recommended accepting the lowest responsive bid submitted by Spacesaver Storage Systems, Inc.; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves a Contract with Spacesaver Storage Systems, Inc. for the purchase of a golf bag storage system for the new Country Club clubhouse in the amount of $18,770.00, with funds expended from K7600-66210 (Country Club Clubhouse Project — Construction and Major Renovation). The Village Council further authorizes the Mayor and Village Clerk to execute the Contract with Spacesaver Storage Systems, Inc., a copy of which is attached hereto and incorporated herein. Section 3. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 241f-1 DAY OF JA (Village Seal) ATTEST: VILLAGE CLERK CONTRACT This Contract is made as of the .-Od day of January , 2019, by and between the VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as VILLAGE, and SPACESAVER STORAGE SYSTEMS, INC., a Wisconsin corporation authorized to do business in the State of Florida, hereinafter referred to as the CONTRACTOR, whose Federal I.D. is 39-1383557. In consideration of the promises and mutual covenants herein contained, it is hereby agreed that the CONTRACTOR shall provide to the VILLAGE all goods and services requested under the Invitation to Bid for a new Golf Bag Storage System and as further stated in CONTRACTOR's Bid Proposal and pursuant to the terms and conditions of this Contract. ARTICLE 1. SERVICES OF THE CONTRACTOR. A. The CONTRACTOR shall provide all goods and services as stated in the Proposal Documents referenced therein in accordance with the Bid Proposal including material receiving at the job site (hereinafter referred to as "Work"), which are incorporated herein by reference, to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the Work is provided. B. The Work provided by the CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract and upon receipt of Purchase Order. ARTICLE 2. PERIOD OF SERVICE. A. This Contract and the provision of all Work hereunder shall be completed by the CONTRACTOR no later than June 15, 2019. B. The CONTRACTOR shall not be considered in default by reason of any failure in performance of the Work if such failure arises out of causes reasonably beyond the control of the CONTRACTOR or its subcontractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight embargoes; unreasonable utility provider delays, unreasonable permitting delays and abnormally severe and unusual weather conditions. C. Upon the CONTRACTOR's request, the VILLAGE shall consider the facts and extent of any failure to perform the Work and, if the CONTRACTOR's failure to perform was without it or its subcontractor's fault or negligence, the Contract schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the VILLAGE's rights to change, terminate, or stop any or all of the work at any time. D. Notwithstanding the foregoing, the CONTRACTOR shall not be entitled to an increase in the agreed to compensation in this Contract or payment or compensation of any kind from the VILLAGE for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever. Provided, however, that this provision shall not preclude recovery or damages by the CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active interference on the part of the VILLAGE or its agents. Otherwise, the CONTRACTOR shall be entitled only to extensions of the schedule in this Contract as the sole an exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. ARTICLE 3. VILLAGE'S REPRESENTATIVE. Unless otherwise specified by the VILLAGE, the VILLAGE's representative shall be the Village Special Projects Director. ARTICLE 4. COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate the CONTRACTOR in accordance with CONTRACTOR's Bid Proposal in response to the ITB in the following increments: 25% deposit at time of order; 25% at time of delivery and final 50% after installation and training. The total and cumulative amount of this Contract shall not exceed Eighteen Thousand Seven Hundred Seventy Dollars and No Cents ($18,770.00). B. CONTRACTOR shall invoice the VILLAGE on the form provided as Exhibit "A" and include such information as requested in Exhibit "A". Invoices received from the CONTRACTOR pursuant to this Contract will be reviewed and approved by the VILLAGE's representative, indicating that the Work has been provided and rendered in conformity with the Contract and then will be sent to the Finance Department for payment. Work shall be invoiced when the Golf Bag Storage System is installed and accepted by the VILLAGE's representative. Invoices will normally be paid within thirty (30) days following the VILLAGE representative's approval. C. Work undertaken or expenses incurred that exceeds an amount set forth in this Contract without prior written authorization from the VILLAGE shall be the liability of the CONTRACTOR. D. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. E. If the VILLAGE disputes any invoice or part of an invoice, VILLAGE shall notify CONTRACTOR of such dispute within fifteen (15) days of receipt of the invoice. VILLAGE reserves the right to off -set, reduce or withhold any payment to CONTRACTOR in accordance with the terms and conditions of this Contract. ARTICLE 5. INDEMNIFICATION. A. To the fullest extent permitted by applicable laws and regulations, the CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by the CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of the CONTRACTOR and/or its subcontractors, agents, servants or employees. -2- B. The CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or the CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in § 768.28, Florida Statutes. ARTICLE 6. PERSONNEL. A. The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to perform the Work under this Contract. Such personnel shall not be employees of or have any contractual relationship with the VILLAGE. B. All of the Work required hereunder shall be performed by the CONTRACTOR or under its supervision, and all personnel engaged in performing the Work shall be fully qualified and, if required, authorized or permitted under state and local law to perform such Work. C. All of the CONTRACTOR's personnel (and all sub -contractors) while on VILLAGE premises, will comply with all VILLAGE requirements governing conduct, safety, and security. ARTICLE 7. TERMINATION. A. This Contract may be cancelled by the CONTRACTOR upon ten (10) days prior written notice to the VILLAGE's representative in the event of substantial failure by the VILLAGE to perform in accordance with the terms of this Contract through no fault of the CONTRACTOR. It may also be terminated, in whole or in part, by the VILLAGE, with or without cause, upon ten (10) days written notice to the CONTRACTOR. ARTICLE 8. FEDERAL AND STATE TAX. The VILLAGE is exempt from payment of Florida State Sales and Use Tax. The CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual obligations with the VILLAGE, nor is the CONTRACTOR authorized to use the VILLAGE's Tax Exemption Number in securing such materials. ARTICLE 9. INSURANCE. Prior to commencing any Work, the CONTRACTOR shall provide certificates evidencing insurance coverage as required in the Proposal Documents. All insurance, other than Worker's Compensation, to be maintained by the CONTRACTOR shall specifically include the VILLAGE as an Additional Insured. -3- ARTICLE 10. SUCCESSORS AND ASSIGNS. The VILLAGE and the CONTRACTOR each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the VILLAGE nor the CONTRACTOR shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and the CONTRACTOR. ARTICLE 11. GOVERNING LAW, VENUE AND REMEDIES. A. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. B. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 12. INDEPENDENT CONTRACTOR RELATIONSHIP. The CONTRACTOR is, and shall be, in the performance of all Work under this Contract, an Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the Work performed pursuant to this Contract shall at all times, and in all places, be subject to the CONTRACTOR's sole direction, supervision, and control. The CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the Work. ARTICLE 13. ACCESS AND AUDITS. The CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Work for at least three (3) years after completion of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this ARTICLE for the purpose of inspection or audit during normal business hours, at the CONTRACTOR's place of business. In no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. ARTICLE 14. NONDISCRIMINATION. The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. ARTICLE 15. ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. ARTICLE 16. AUTHORITY TO PRACTICE. The CONTRACTOR hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and provide the Work under this Contract, and that it will at all times conduct its business and provide the Work under this Contract in a reputable manner. Proof of such licenses and approvals shall be submitted to the VILLAGE's representative upon request. ARTICLE 17. SEVERABILITY. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 18. PROTECTION OF WORK AND PROPERTY. A. The CONTRACTOR shall protect the VILLAGE's property and adjacent private and public property from injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, the CONTRACTOR shall provide any necessary materials to maintain such protection. B. The CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE, public and other guests and invitees thereof at or near the areas where work is being accomplished during and throughout the completion of all work. C. The CONTRACTOR shall have the responsibility to repair, rebuild or restore to its formes- condition any and all portions of existing utilities, structures, equipment, appurtenances or facilities, which may be disturbed or damaged due to his delivery of the trailer(s). The CONTRACTOR shall return all swale areas back to their original condition, including, but not limited to, repairing broken sprinklers, filling in ruts caused by the delivery, and replacing damaged grass. ARTICLE 19. PRECAUTIONS/COORDINATION WITH CURRENT ACTIVITIES. The CONTRACTOR shall conduct his operations in accordance with the Village's Construction Manager's (The Weitz Co.) direction on site to ensure coordination with the construction of the -5- new Country Club. See attached information titled "The Weitz Co. Safety Rules" which are incorporated herein. ARTICLE 20. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the VILLAGE shall be mailed to: Village of North Palm Beach Attn: Village Manager 501 U.S. Highway One North Palm Beach, FL 33408 and if sent to the CONTRACTOR shall be mailed to: Spacesaver Storage Systems, Inc. Attn: Laurel Harrison, Vice President of Sales 1450 Janesville Avenue Fort Atkinson, WI 53538 The foregoing names and addresses may be changed if such change is provided in writing to the other party. ARTICLE 21. ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and the CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 22. TERMINOLOGY AND CAPTIONS. All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person, entity, firm or corporation to which they relate as the context may require. Wherever the context may require, the singular shall mean and include the plural and the plural shall mean and include the singular. The term "Contract" as used herein, as well as the terms "herein", "hereof ', "hereunder", "hereinafter" and the like mean this Contract in its entirety and all exhibits, amendments and addenda attached hereto and made a part hereof. The captions and paragraph headings are for reference and convenience only and do not enter into or become a part of the context of this Contract, nor shall such headings affect the meaning or interpretation of this Contract. ARTICLE 23. WAIVER. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties' right to enforce or exercise said right(s) at any time thereafter. ARTICLE 24. PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. ARTICLE 25. MATERIALITY. All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to comply with any of the provisions contained in this Contract or exhibits, amendments and addenda attached hereto, said failure shall be deemed a material breach of this Contract and VILLAGE may at its option and without notice terminate this Contract. ARTICLE 26. EXHIBITS AND CONTRACT DOCUMENTS. Each exhibit and other contract documents referred to in this Contract forms an essential part of this Contract. The exhibits and other contract documents, if not physically attached, should be treated as part of this Contract and are incorporated herein by reference. ARTICLE 27. LEGAL EFFECT. This Contract shall not become binding and effective until approved by the Village Council of the Village of North Palm Beach. ARTICLE 28. SURVIVABILITY. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. ARTICLE 29. DEFAULT. A. Notwithstanding anything contained in this Contract to the contrary, the parties agree that the occurrence of any of the following shall be deemed a material event of default and shall be grounds for termination: I . The filing of a lien by any sub -CONTRACTOR, sub -contractor or third tier sub- contractor including, but not limited to materialmen, suppliers, or laborers, upon any property, right of way, easement or other interest in land or right to use within the territorial boundaries of the VILLAGE which lien is not satisfied, discharged or contested in a court of law within thirty (30) days from the date of notice to the CONTRACTOR; 2. The filing of any judgment lien against the assets of CONTRACTOR related to the performance of this Contract which is not satisfied, discharged or contested in a court of law within thirty (30) days frorn the date of notice to the CONTRACTOR; or 3. The filing of a petition by or against CONTRACTOR for relief under the Bankruptcy Code, or for Its reorganization or for the appointment of a receiver or trustee of CONTRACTOR or CONTRACTOR's property; or an assignment by CONTRACTOR for the benefit of creditors; or the taking possession of the -7- property of CONTRACTOR by any governmental officer or agency pursuant to statutory authority for the dissolution or liquidation of CONTRACTOR; or if a temporary or permanent receiver or trustee shall be appointed for CONTRACTOR or for CONTRACTOR's property and such temporary or permanent receiver or Trustee shall not be discharged within thirty (30) days from the date of appointment. 4. Due to circumstances within the control of the CONTRACTOR, CONTRACTOR fails to provide the Work under this Contract on schedule as agreed to by CONTRACTOR in this Contract. B. CONTRACTOR shall provide written notice to the VILLAGE of the occurrence of any event of default within five (5) days of CONTRACTOR's receipt of notice or knowledge of any such default. ARTICLE 30. WARRANTY. CONTRACTOR warrants that all Work, including goods and services, provided under this Contract will be free of defects in material and workmanship for a period of ten (10) years following delivery and acceptance of the system(s), subject to the conditions set forth in the Specifications. Should any Work fail to comply with this warranty during the warranty period of ten (10) years, upon written notification from the VILLAGE, CONTRACTOR shall immediately repair or replace said defective materials and/or workmanship at CONTRACTOR's sole expense. The CONTRACTOR shall provide the VILLAGE with copies of all manufacturer warranties and certify that the Work complies with the conditions set forth in such warranties, if any. ARTICLE 31. TIME IS OF THE ESSENCE/LIQUIDATED DAMAGES. Time is of the essence in all respects under this Contract, and the parties agree that the VILLAGE will suffer financial loss if the work contemplated herein is not completed within the time specified, including any authorized extensions. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the VILLAGE if the work is not completed on time. Accordingly, instead of requiring any such proof, the VILLAGE and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay to the VILLAGE an amount equal to $250.00 per day for each calendar day that expires after the time specified for completion. Liquidated damages may be deducted from payments due to the CONTRACTOR. ARTICLE 32. WAIVER OF SUBROGATION. CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre -loss agreement to waive subrogation without an endorsement, then CONTRACTOR shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre -loss basis. ARTICLE 33. REPRESENTATIONS/BINDING AUTHORITY. The persons executing this Contract represent that they have the full power, authority and legal right to execute and deliver this Contract and perform all of its obligations under this Contract. ARTICLE 34. INSPECTOR GENERAL CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract Documents justifying termination. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. CONTRACTOR: SPACESAVER STORAGE SYSTEMS, INC. r BY: Print Name: Laurel Harrison Title: VP, Sales C k"I , rim 1 ED,! !� -0.14 1.0, 1 Now. - W.,e MAYOR ATTEST: BY: MELISSA TEAL, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: � VILLAGE ATTORNEY -9- EXHIBIT "A" INVOICE FORM Invoice to be standard invoice provided by CONTRACTOR referencing the purchase order number and describing what the payment covers. The Weitz Co. Safety Rules 1. CONTRACTOR shall meet with Project Superintendent to schedule the date for delivery and installation to begin. 2. CONTRACTOR shall check-in at the Construction Trailer prior to beginning Work on site. 3. The following list is provided as a reference to the CONTRACTOR: Weitz's Personnel Main Office Proiect Team Members. Project Executive: Gerry Kelly Direct Line: 561.687.4827 E-mail: Gerry.kelly@weitz.com Cellular: 561.847.5258 Sr. Project Manager: John Southard Direct Line: 561.687.4817 E-mail: john.southard@weitz.com Cellular: 561.223.7692 Safety Manager: Keith Harkins Direct Line: 561.687.4840 E-mail: keith.harkins@weitz.com Cellular: 561.722.1440 Jobsite Proiect Team Members. Project Manager: Eric Crockett Cellular: 561.513.0079 E-mail: eric.crockett@weitz.com Project Engineer: Charlotte Rivera Cellular: 954.662.5887 E-mail: charlotte.rivera(cr�,weitz.com Project Coordinator: Michelle Labriola Cellular: 561.676.8906 E-mail: michelle.labriola@weitz.com Sr. Project Superintendent: Michael Brooks Cellular: 561.441.5602 E-mail: michael.brooks@weitz.com 4. CONTRACTOR shall conform to Weitz's Nothing Hits the Floor program. I. Placing material, tools, or debris on the floor or ground is prohibited. I1. Contractor shall remove its debris at least daily offsite. III. Contractor shall establish work / cutting stations at waist height in order to eliminate bending and or squatting down when cutting material. Cutting of material at ground level is prohibited. IV. Contractor agrees to use battery-operated tools wherever and whenever possible. If cordless tool cannot be utilized, all cords and hoses shall be 2 elevated from the point they leave an outlet to the point of use. If suspending the cord / hose is not feasible, then the cord / hose will be picked up and put away after use / end of day. V. Materials to be installed will be delivered "just in time" to reduce the amount of material stored on the project site. Materials delivered and moved into the building shall be authorized by Weitz in advance. VI. At no time shall materials be stored directly on the floor or ground. All material at the Project shall be stored in trailers, wheeled carts, storage racks, storage bins, or on pallets. When wheeled carts are used, the casters shall be lockable. Materials shall only be stored on pallets or storage bins on level surfaces where they are accessible with a pallet jack. 5. CONTRACTOR agrees to following Weitz's drug free policy. I. Contractor agrees to provide only trades people who are drug free and who have given prior consent to submit to a drug test. The Weitz Co. retains the right, but not the obligation, to require the Contractor's employees to be tested to insure that they are drug free. 6. CONTRACTOR agrees to follow Weitz's clean up procedures. I. The Contractor shall, on an on-going basis or at the direction of the Weitz Co., keep the Project site and surrounding area free from accumulation of waste materials, debris or rubbish caused by performance of the Contractor's Work. 7. CONTRACTOR shall require hardhats and safety glasses and proper Personal Protective Equipment: I. Hardhats will be worn when on the Construction site by all of Contractor's employees, suppliers and visitors. The Weitz Co. will provide hardhats at the cost of $25.00 each to any employees, suppliers or visitors who arrive without hardhats. II. Safety glasses will be worn when on the Construction site by all of Contractor's employees, suppliers and visitors. The Weitz Co. will provide safety glasses at a cost of $10.00 each to any employees, suppliers or visitors who arrive without safety glasses. 8. CONTRACTOR shall agree to coordination of work as directed by The Weitz Co. Project Superintendent. I. Work will be sequenced to allow other trades access to the work prior to the completion of this scope. Il. To avoid conflicts, Contractor shall work in cooperation with all other subcontractors to coordinate Contractor's Work with the work of others to 3 establish routes, entrances, and elevations for their installations and other installations. Even with such cooperative and coordination efforts, should a conflict occur, The Weitz Co. will be the final arbitrator of conflict resolution and The Weitz Co.'s decision shall be final. Contractor hereby agrees to abide by such decision and make any changes necessary to eliminate such conflicts without additional cost of expense to Owner. III. Contractor shall furnish all required submittal drawings, mix designs, PE stamps, samples, warranties etc., as required for this scope of work by specification. IV. Contractor shall maintain accurate, up-to-date "as -built" drawings during construction. Contractor shall dimension all concealed connections to wall intersections. Contractor shall submit "as-builts" and warranties prior to substantial completion. Contractor shall submit final "as -built" documents in hard copy (4 copies) to The Weitz's Construction Trailer as well as in CAD format as required by The Weitz Co. PDF format is acceptable. V. Any sediment or erosion control measures disturbed during the execution of this Agreement will be repaired/replaced by Contractor at Contractor's expense. VI. Contractor shall construct all work to be within the more stringent of the applicable codes and standards or the Contract Documents. VII. Contractor understands that the existing North Palm Beach Country Club facility shall remain occupied/operational and fully functional during the project. Any disruption or damage to the existing utilities or systems caused by Contractor shall be treated immediately as an emergency repair at no additional cost. VIII. Normal work hours are 8:00 a.m. to 8:00 p.m., Monday through Friday, Saturday work hours are 10:00 a.m. to 8:00 p.m., No Sunday work or work on Holidays unless by special permit. Contractor may establish other work hours, as necessary, with permission from The Weitz Co. 9. CONTRACTOR shall have all work inspected and agree to the following: I. Contractor, upon the completion of each scheduled activity, will inspect its completed Work and generate an inspection report which will include: (a) the name of the person completing the inspection; (b) the date it was generated; (c) a listing of items to be corrected (punch list); (d) the date that it was completed. This form will then be submitted to The Weitz Co. when the defective work has been remedied. I1. All inspections required by local plumbing, mechanical, and electrical codes are at the expense of the respective plumbing, mechanical, and electrical contractor and included in this Agreement. Contractor shall provide a record of all inspection results to The Weitz Co. and the Owner. Ll 10. CONTRACTOR shall agree to abide by the parking requirements as follows: I. Minimal parking for company vehicles will be in a small designated area as directed by the Project Superintendent depending on the phase of the project. Personal vehicles will not be permitted on site. A designated parking area may be provided if space allows. All parking off-site shall be in compliance with the Village of North Palm Beach requirements. Those cars allowed on the North Palm Beach Country Club property must enter through the main entrance off US -1. II. All other vehicles will be required to park in other areas as designated by the Project Superintendent. It is the responsibility of the Contractor to enforce compliance of these parking regulations with their employees. III. Violators of this policy will be towed at the Contractor's expense. 11. CONTRACTOR shall agree to the following above ceiling work, if required: I. Upon completion of all "above ceiling" work an inspection will be completed ensuring that all fire ratings are maintained, then the ceiling pads will be placed — upon placement no work above the ceiling will be allowed without the prior written consent of Weitz. II. Upon completion of the work requiring such consent, the Contractor will request an inspection of the area and upon satisfactory review, no additional work above the ceiling shall be allowed. 12. CONTRACTOR shall agree to the following regarding Penetrations, Cutting and Patching work, if needed: I. Contractor is responsible for sealing all of its penetrations and repairing any areas disturbed by Contractor's cutting and patching so as to maintain the integrity of structural, fire ratings, finish assemblies, sound assemblies, including but not limited to, coordination with all other applicable trades. 13. CONTRACTOR shall agree to the following hot work operations, if needed: I. Combustible Material: All portable combustible material must be removed a rninimum of 20 feet away from the working area and adjoining areas. II. Flammable Liquids or Vapors: Drums, tanks or other containers or explosive liquids or vapors must be cleaned and cleared of flammable or explosive liquids or vapors before work is done on them. III. Pre -Operation Precautions: When feasible, work area should be wetted down. IV. Spark Control: Sheet metal guards, asbestos and similar protection must be provided to prevent hot metal and sparks from falling on combustible material which cannot be moved. V. Fire Protection: If the area in which hot work operations are being performed is presently under operative sprinkler protection, the sprinklers in that area must be operative during welding or cutting operations. Suitable fire extinguishers or hand hose must be maintained near the operations. An extra person must be provided in the welding or cutting team whose sole responsibility is to watch for sparks and promptly use the extinguishing equipment. VI. Post -Operation Precautions: After work, a thorough check must be made for smoldering fire in out-of-the-way places, and guard patrol protection must be maintained for a minimum for four hours. VII. "Hot Work Operations" means: The process whereby one or more of the parts to be joined is heated near of above its melting point, and the heated surfaces are caused to flow together. The process of applying heat to bring to red heat the spot to be severed, gouged or pierced, and the metal is burned in a jet of oxygen; Grinding operations that generate sparks; Torch -on roofing operations; Roof tarring operations. VIII. During the course of construction where a propane gas heater or other open flame heating devise is used, the devise will be positioned on fire resistive drywall board, tied off to a wall or floor with not less than three (3) feet of clear space surrounding it. 14. CONTRACTOR shall take all necessary safety precautions with respect to performance of the Contractor's Work and shall comply with applicable safety measures and with applicable laws, ordinances, rules, regulations and orders of public authorities for the safety of persons and property. 15. CONTRACTOR agrees and acknowledges that it has assumed full responsibility and liability for safety precautions in connection with the construction means, methods, techniques, sequences, supervision and procedures pertaining to Contractor's Work. 16. CONTRACTOR shall agree to the following minimum safety requirements which are also applicable to and will be enforced on this Project. Specific questions regarding these safety requirements should be directed to Weitz. I. Unsafe Conditions BE ALERT! All un -safe conditions shall be reported immediately to the Project Superintendent and to the Contractor's Project Site Supervisor. No person is required to work under any unsafe conditions. OSHA Standard 6 1926.20. Contractor's project site supervisor or safety manager shall walk the jobsite to identify and correct any unsafe conditions created by Contractor or within its scope of work. Such manager shall immediately report any unsafe conditions identified and notify Weitz of the action taken to correct the condition. II. Reporting Injuries All accidents or injuries deemed Recordable, Lost Time or Restricted by OSHA, or non -injury incidents resulting in property damage or high potential for severe injury shall be reported immediately to the Weitz Project Superintendent, giving full details and identifications and statements of any witnesses. The Contractor shall be responsible for completing a written injury and/or incident investigation and providing such report to the Weitz Project supervision in a timely manner. III. Project Safety Officer The Weitz Project supervision has the authority to remove any of the Contractor's unsafe equipment, tools, scaffolding or other unsafe items, and has the authority to remove any Contractor employees that do not comply with these safety requirements. IV. Fall Protection All work performed at elevations over 6 feet must have a 100 percent fall protection or prevention system. This includes, but is not limited to; all leading edge work, iron connecting, working off of elevated work platforms (scaffoldings), and residential type construction. Only methods referenced and meeting or exceeding OSHA Standard 1926 Subpart M shall be used. "Monitors" or "safety zones" are NOT an acceptable means of fall protection. The Contractor is responsible for enforcement of its fall protection plan. V. Barricades Barricades or covers meeting OSHA Standards are required around excavations, holes or openings in floors or roofs, edges of roofs, elevated platforms, around certain types of overhead work and whenever necessary to warn or prevent persons or equipment from falling. VI. GFCI Protection All work using cords or power tools must utilize Ground Fault Circuit Interrupter (GFCI) protection. Only authorized electricians shall perform electrical work. VII. Excavations Excavations must be sloped, shored or shielded, and must meet all other OSHA requirements. Before digging in any location, the Contractor must check to ensure that all underground utilities have been located and properly marked. VIII. Lockout/Tag Contractor's employees shall comply with OSHA Standard 1910.147 7 lockout/tag procedures when working on energized systems or equipment. The Contractor may utilize Weitz's lockout/tag procedures. IX. Personal Protective Equipment All of the Contractor's employees on the Project site must use proper personal protective equipment (PPE) and clothing suited to the Work and the Work environment. The Contractor is responsible for providing its personnel the proper PPE which includes; gloves where applicable; no dangling or loose clothing or jewelry may be worn around moving machinery; shirts which cover the shoulder, work boots or shoes and long pants are required; hardhats must be worn by all workers, supervisors, clients, visitors and vendors at all times; eye and face protection (meeting ANSI Z87.1-1989 standards) must be worn at all times on the Project site. Additional forms of eye protection may also be required as prescribed by OSHA standards and manufacturer recommendations. Steps must be taken to protect other workers and the public from eye injury whenever tasks producing flying chips or particles are being performed; respirators will be used when an employee is exposed to airborne hazards (proper training, physical exam and a fit test are required; 1910.134); hearing protection in the form of earmuffs or approved ear plugs shall be worn on all high noise level jobs as required; no radios will be allowed on the Project site (other than in office) other than 2 -way radios for jobsite communication; and Contractor shall maintain appropriate first aid equipment and supplies in its Worlc areas at all times. X. Housekeeping Contractor shall maintain good housekeeping in and around its Work areas at all times. Stack materials so that safe clearances are maintained and falling is prevented. Keep all walkways and aisles clear. Place cords and air hoses to one side to allow safe passage. Remove loose overhead material, dispose of garbage and remove oil and water spillage. Immediately remove or bend over nails protruding from lumber. Secure all stored or loose materials (especially on roof) to prevent it from becoming airborne. XI. Illumination All of Contractor's Work areas shall be properly illuminated at all times. XII. Ventilation All of Contractor's employees performing confined space work shall be properly trained. All necessary requirements contained in OSHA Standard 1910.146 must be met. Contractor shall maintain proper ventilation in enclosed areas when using equipment. XIII. Ladders Contractor shall train its employees in the safe use of ladders and scaffolding as required. Defective ladders and scaffold components shall be tagged and removed fi-om service. XIV. Tools and Equipment 0 Tools, equipment, trucks, loaders, backhoes, cranes and forklifts shall be used, operated and maintained properly to prevent injury. No Contractor employee shall operate any equipment unless specifically authorized and trained to do so. Powder -actuated tools require certified training before use. Power tools shall be operated only by authorized personnel and with guard's in-place. Hand tools such as hammers and chisels shall be properly used and maintained. All slings, choker and rigging equipment shall be free of defects. All hooks must have safety latches or keepers. Taglines shall be used to control loads when their use does not create an additional hazard. Tampering with or unauthorized use or removal of fire extinguishers from assigned locations is prohibited. All of Contractor's tools and equipment must be inspected daily by Contractor before use. Damaged tools shall be tagged "DO NOT USE" and removed from service immediately. Documentation of training and inspections shall be provided to Weitz upon request. XV. Hazard Communication If Contractor or its subcontractors bring any material to the Project site which requires notification to employees of the Contractor, Weitz or its subcontractors, suppliers, vendors, materialmen and/or local fire departments or other authorities, in conformance with applicable environmental, hazardous substance, right to know, or similar laws, the Weitz shall be provided with material safety data sheets to be available at the Project site for inspection and reference prior to delivery of such products or materials to the job -site. Contractor shall provide appropriate training for its job -site personnel. The Contractor shall maintain a hazardous material program, including proper placarding of all locations where hazardous materials are located, in conformance with the aforementioned laws. XVI. Unsafe Acts Contractor's employees who report for work under the influence of intoxicants or narcotics or engage in the consumption of them on the Project site will be removed from the Project site. Contractor's employees who engage in horseplay, fistfights, unsafe acts, whistling, yelling at the public or obscene gestures will be removed from the Project site. Weapons of all types, including firearms, are strictly forbidden on the Project site. XVII. Visitors All of Contractor's visitors to the Project site must check in with the Weitz Project supervision prior to going on site. XVIII. Competent Person The Contractor shall identify their OSHA Competent Person for the work that they perform in either their written safety plan or in a memo form submitted at the beginning of Work. XIX. Equipment Usage The Contractor agrees to bring all equipment needed to perform the Work on this project and not utilize any equipment at the site that belongs to 9 others. XX. Project Site Communications Contractor shall have on site at all times a supervisor (or multiple supervisors if required by crew size) that is able to speak, understand and communicate in English all job site safety and contractual requirements, obligations and responsibilities to Contractor's workers and employees. XXL Site Authority The Weitz Co. shall be the final authority on all issues pertaining to site use, storage, safety issues, working space, parking, coordination among trades, and all other common area site issues, and Contractor agrees to comply with all of Weitz's decisions, rules and directives pertaining thereto. XXII. Dust Control Contractor shall be responsible for dust control during the performance of its Work in accordance with federal, state and county guidelines and as required by Weitz, Architect and/or Owner. Contractor shall keep public streets free of mud/debris from Contractor's own vehicles XXIII. Protection of Concrete Slabs The Contractor recognizes that the concrete slab is the finished floor product in parts of the Project and that it may not receive floor covering. The Contractor agrees to take all precautions and provide all protection necessary to ensure that the concrete floor will not be marked, spotted, stained or damaged in any way from Contractor's operations. This includes drop cloths to protect the surface from paint, drywall compound, etc; diapering of engines, differentials, transmissions and other equipment and machinery components with the potential to leak oils and fluids; boots on rubber -tired equipment if tires are leaving marks on the floor; and prohibiting the use of layout marking material that will permanently mark the slab. XXIV. Protection of Materials and Equipment Contractor shall protect all material and equipment, which has not yet been incorporated into the Project. Where installed materials or equipment is subject to weather damage, Contractor shall provide protection until the Project is sufficiently complete to avoid darnage. XXV. Jobsite Meetings Contractor's representative shall attend one pre -construction jobsite meeting and any additional meetings as required by the Project Superintendent. Contractor shall present current and future needs, including interface requirements, time, sequences, deliveries, access, site utilization, etc. 10