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2007-315
a, oc r INDIAN RIVER COUNTY PUBLIC SUPPLY WELLS CONSTRUCTION AND TESTING FEBRUARY 2007 TABLE OF CONTENTS PUBLIC SUPPLY WELLS CONSTRUCTION AND TESTING INDIAN RIVER COUNTY DRAWINGS DIVISION 0 — BIDDING AND CONTRACT DOCUMENTS Section Title 00300 Bid Form 00410 Bid Bond 00431 Schedule of Subcontractors 00452 Disclosure of Relationships 00456 General Information Required of Bidders 00530 Standard Form of Agreement Between Owner and Contractor on the Basis of a Stipulated Price 00610 Performance Bond 00612 Payment Bond 00700 Standard General Conditions of the Construction Contract 00800 Supplementary Conditions 00900 Addenda DIVISION 1 - GENERAL REQUIREMENTS 01005 General Requirements 01010 Summary of Work 01026 Measurement and Payment DIVISION 2 - SITE WORK 02010 Mobilization and Site Work 02050 Drilling 02080 Casing 02090 Grout 02150 Geophysical Logging 02200 Pumping Test 02250 Wellhead Completion 02300 Demobilization 02500 Standby Time 02678 Well Development TC - 1 SECTION 00300 BID FORM (Based Upon EJCDC No. 0-700, 2002 Ed.) PROJECT IDENTIFICATION : Indian River County Bid # 2007044 Public Supply Wells Construction and Testing TEAS BID IS SUBMITTED TO : Indian River County Purchasing Department Via Mail : Via Courier: 1840 25th Street 2525 St. Lucie Avenue Vero Beach, FL 32960 Vero Beach, FL 32960 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 Contract Price and within the Contract Time indicated in the Contract Documents and in accordance with the other terms and conditions of the Contract Documents. Instructions to Bidders. This Bid will remain subject to acceptance 2 . Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and for ninety (90) days after the day of Bid opening. Bidder will sign and submit the Agreement with the bonds and other documents required by the Bidding Documents within ten ( 10) calendar days after the date of Owner's Notice of Award. 3 - In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: (a) Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged) : I^� 1 Date Number � lurcn �2007 ff �daec- � a� �, �1rtrf � 20 000 -7 A6 & en (� vr., /Larch a1 (Avm Q � rr. 03 20o7 AP rib ,Zn - ti (b) Bidder has familiarized itself with the nature and extent of the Contract Documents, the work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or finishing of the work. (c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in Paragraph SC-4.02 of the 6706-43015 - 155\2/7 '0 ; 00300- 1 VRB Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. (d) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as Bidder considers necessary for the performance or furnishing of the work at the contract price, within the contract time and in accordance with the other terms and conditions of the contract documents, including specifically the provisions of Paragraph 4 .02 of the General Conditions; and no additional examination, investigations, explorations, test, reports, studies or similar information or date or will be required by Bidder for such purposes. (e) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar - information or data in respect of said underground facilities are or will be required by Bidder in order to perform and furnish the work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4 .04 of the General Conditions. (f) Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. (h) 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 obtain for itself any advantage over any other Bidder or over Owner. 4 . Bidder will complete and include with the bid the Schedule of Bid Items attached to this proposal . The quantities shown on the Schedule of Bid Items are approximate quantities to be used for the purpose of comparing bids. The actual quantities may vary. It is further understood that the actual amount of the Agreement, and payments there under, will be based upon the actual quantities placed into the work. 5 . Bidder agrees that the work will be completed in accordance with the following time frame The CONTRACTOR shall be substantially completed with the work Two hundred Seventy (270) calendar days after issuance of the Notice to Proceed, in accordance with Paragraph 2 .03 of the General Conditions, and be completed and ready for final payment in accordance with Paragraph 6706-43015 - 15512/7/07 00300-2 VRB 14 07 of the General Conditions within Thl2e Hundred ( 300) calendar days after the issuance of the Notice to Proceed. 6 . The following documents are attached to and made a part of this Bid : (a) Certificate of Compliance with the Florida Trench Safety Act (Section 00300 Bid Form) . (b) Disclosure of Relationships (Section 00452) (c) General Information Required for Bidders (Section 00456) 7 - Communications concerning this Bid shall be addressed to: For the County (non-technical communications) Himanshu Mehta Engineer Indian River Co. Dept. of Utility Services 1840 25th Street Vero Beach, Florida 32960-3394 (772) 567-8000 ext. 1822 hmehta@ircgov.com For the Engineer (technical questions) Robert Beltran, P_E. PBS&T 335 East Van Fleet Drive. Bartow, Florida 33830 (863)533-7000 (863)533 -7888 (fax) rrbetran@pbsj .com 8 . The terms used in this Bid, which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents, -.have the meanings assigned to them in the General Conditions. Contractor acknowledges the insurance requirements of Section 00700 as amended by Section 00800 and any other addendums and agrees to provide said insurance upon award of contract. BIDDER INFORMATION: SUBMITTED ON: Qnri� UI �m7 (DATE) SUBMITTED BY: � S t,4aM�3c (NAME OF BIDDER) S -74D 7P � Q(j (STREETADDRESS) _�O c evcS (CITY, STATE, Zip) 1a7 CJS (PHONE #) (2 � ? 77 - oA is �--- �_ (FAX #) _ r KID A loierSf c,, (E-MAIL) 6706-43015 - 155`2!Z '0 - 00300-3 VRB RPR- 03 - 2007 11 : 21 FROM : T0 : 912392770B42 P . 3/ 10 INDIAN RIVER COUNTY UTILITM9 PUBLIC SUPPLY WELL CONSTRUCTION AND TFSTING BID N0. 2007044 •^"l'HF PRICES ON THIS FORM CORRESPOND 1VTTH THE AND PAYMENT SECTION 01026 OF THE TECHNICAL SPELg.INAT OTHENS**MEASUREMENT UNIT PRfCF, WHRDUAL Item No. EsI- Des wion nand[ A- 1 Moboization t0 Site andpb-Slle unit Unit Price Amount prepandion. t-h N/A $ 1E A-2 mill Pilo[ hole to approximately 145 feet below Iaud surface using mud rotary Drilling, eorople(e. 14S LF $ $ A-3 Ream pilo[ hole to nnmina 1311-inch diameter to approximately 145 feet below land surface using mud rotary drilling, complete 145 LF $ -�_ $ A-4 Conduct geophysical legging of Mudded30.inch diameter bnxelwle, complete. I CS N/A $ A•5 Furnish, an install nominal 24-inch Qoo —�— diamctcr steel casing to approximately 140 ft below land surface 140 LF S00 A-6 Cement nominal 24-inch di amu(cr steel caning to aPproximtdely 140 ft below land surface. 135 SACK $ (o0 $ � � A-7 Drill pilot hole to approximately 405 feet below land surface using mud rotary drilling technique. 20) LF $ 3S a q I0c) A-8 Ream pilot holt m nomina124-inch diameter to approximately 4().5 feet below land surface using mud rotary drilling technique. 260 LF $ A-9 Conduct GcophysitsJ logging of 24 Tri dirineler borchok, compl -inch 1 IS N/A $ S A- 10 Furnish and instal ( nominal 1 (j-inch diameter Cerra-,,)k Casing to approximately 400 below lamd surface 400 LF BIDTABS D;d : mite I d' 4RRnn7 T0 : 91239277ae42 P . 4 / 10 Item Fst- No• Descriptionmht Unit A- 11 Cement nonvinch diameter Cctts nal 16- ! Unit Price Amount - Lok casing to approximately 400 below land surface 660 SACK $ _ $ 00 A- 12 Drill numintd 14-inch diameter borehole frum bcatom of 16-inch casing to approximately 750 fecibelow lan(I surface using reverse-air (frilling, technique. 350 LF $ Ts $ a A-13 leatall pump cquipmcnt for development and pumping test. I LS N/A $ —5 two A-14 Develop we11 by uver-pumping. 12 HR $ t--Inn $ u G A- 15 Conduct Static and Dynamic Geophysical Sur cy of the Well I LS N/A A- 16 Perro m variable tate pumping test. S HR $ t n(Xl A-17 Collect water sample and analyze for select Primary and Sc :ondury Drinking Water Standards and other parametcas. 1 LS N/A A-18 Wellhead completion- 1 I'S N/A A-19 Demubiliz dun and site restoration. I LS N/A $ A-20 Standby time. 6 RR $ ;�2 no A-21 Disinfect Well, complete. LS N/A g y� BID PRICE PER WELL, a7 ,;? TOTAL BID PRICE FOR THREE (3) WELLS $_ 112 2� 5n d Ei hteen thov�.rc1 ei� tit 1 r, � r1 LA (In Words) �11 rS BIDTABS UW I.ibaJli(:_rev l.dx 4(J2007 TRENCH SAFETY ACT COMPLIANCE STATEMENT Project Public Supply Well Construction and Testing Bid Number #2007044 Instructions Florida Statutes Sections 553 . 60 through 553 .64, known as the "Trench Safety Act " requires all contractors engaged by Indian River County, Florida to comply with Occupational Safety and Health Administration's excavation safety standard, found in 29 C . F.R. s. 1926. 650 Subpart P . All prospective contractors are required to sign this Trench Safety Act Compliance Statement and provide compliance cost information where indicated below. The costs for complying with the Trench Safety Act must be incorporated into this Project's base Bid. Certify this Statement in the presence of a notary public. Certification 1 . I understand that the Trench Safety Act requires me to comply with OSHA excavation safety standards found in 29 C.F.R. section 1926 . 650 Subpart P . 1 will comply with The Trench Safety Act and I will design and provide trench safety systems at all trench excavations in excess of five feet in depth for this Project. 2 . The estimated cost imposed by compliance with The Trench Safety Act will be: nx� P i � rao�lc�rh(P Dollars $ 1 ' per linear foot of trench to be excavated. 3 . The estimated cost imposed by compliance with the Trench Safety Act will be: n r)e 10,W1ifah1PDollars $ t - per square foot of special shoring used . 4. The amount listed above has been included within the Base Bid. Certified : �1e1`S Y I ( �ry � cnS Z C (Contractor) BY � c � hPrfi � . I(nhlrnPieC G = (Signature) (Typed or Printed Name) STATE OF: T l O r i d Q COUNTY OF : �PP The foregoing instrument was acknowledged before me this o� ,' day of 1?24,& L 2006 by < � � T f of GP//✓ CGn /P2 r s � C who is personally known to me or has produced f3 <-- dentification and who did (did not) take an oath . as Notary Public (affix seal) MARIE CHRISTINE SIMPSON 2 . "� MY CAMMISSION #D0641534 My Commission Expires : IXPIRES: ocr27, 2o07 `"4^� Bontled Nrough lst Stale Insurance 6706-43015 - 155\2/710-/ 00300-7 VRB If Bidder is: AN INDIVIDUAL By. (SEAL) (Individual 's Name) Doing business as: AJ f A Business address : Phone Number: If Bidder is: A PARTNERSHIP By: N / R (SEAL) (General Partner) Business address: Phone Number: 6706-43015\2!7/07 00300 -8 VRB If Bidder is : A CORP pORATION By_ WeAe f � C �Cc �J � � eMS ZcC (Corporation Name) F \ c6da (State of Corporation) By_ --V ICnhlmei -Cr (Name of Person Authorized to Sign) (Title) (Corporate Seal) ATTEST: Business address: 57 r 1 O n n By: (SEAL) (General Partner) Business address: If Bidder is: A JOINT VENTURE By:_ V R (Name) (Address) By:_ (Name) (Address) (Each joint venturer must sign . The manner of signing for each individual , partnership and corporation that is a part to the joint venture should be in the manner indicated above.) END OF SECTION 6706-43015 `,2/7/07 00300-9 VRB SECTION 00410 BIDBONA KNOW ALL MEN BY THESE FR1iSFwXTS, that wc, the Undersigned, Wells & Water 5 stems Inc . 5740 Zip Drive , Ft Myers FL 33905 ( 239 ) 277-0075 . Companion Property and Casualt as �nclpal, and 1301 Hightower Trail x210 , Atlanta sGA a30350o( B00 } 424-0132 bound unto INDIAN RIVER CO es Surety. are hereby held and firrttlY UNTY as OWNER In the penal sum of f bid not to five Percent of the amount exceed $50 , 000 dollars ( $5% amt bid ) for the payment of which, well and truly to be made, we hereby jointly and aoverally bind ouraelwa, succeuvr, and assign&. Signed, this day of mar h 2.L The Condition of the above obligation is such that whereas the Principal has submitted to INDIAN RIVER COUNTY a certain Bid, attached hereto and hereby made a part hereof to enter into a amtract in writing, for the PUBLIC SUPPLY WELLS CONSTRUCTION AND TESTING. NOW > DRE, (a) If said Bid shall be rejected, or in the ahemate, (b) if said Bid shalContract be accepted and the Principal shall execute and deliver a contract in the Form of Gontraet attached hereto (properly completed in accordance with said Bid) for Eris faithfW porformanoo Of amid Contrw:t, I and shall in all other respects perform the umiahing materials in connection thereWnk Bid then this oWiltatitm &hall be void. othiRH atAn,+ R hall ested by the acceptance of said effect it being expressly lmderstogd and agreed that ental" in force and and all claims hereunder shall, in no event liability of the Surety for any herein stated. exceed the penal amount of this obli gation as T'h bond4aha11 be in no way impaired or affeaearthy ctipulatea and moon tent the obligatlor.rn ur,aid Surely and itr Y cted b Y extension of tho time within accept swb Bid, and said Surety does hereby waive notice of MV such extension Which the OWNER may IN W�NESS WHEREOF, the Principal and the Surety have hereunto eat their hands and seals, and such of diem „ ,1G curPuTatiuna have caused their corporate seals to be hereto affixed and these Prineipal (Pri"tFuil Name) signed by their proper officers, rho day and year first set forth above. R P sents to be I Surety (Print Full Name) , Wells & Water S stem Inc . Com ni n BY: s�Irance Company Kather e. r�imsl y , S ) Attorney in Fact & ( B13 ) 0136 icens P 0 BOx 15029 , Tads 3 Agent 6706-43015. 15512/7/07 3 00410- 1 V" Katherine S Grimsley TInEr Attorney i_ n 8 Licensed Fla Agent SORT C20O hat (Circular - SUrety cotnpanies executing bonds must appear on the ( uc 1 r 570 ns amended) and tX authori to tr�tsact business De Project u ]orated Part,nent s most m the rtate where the IfEND Of SEC?mN if 6706,43015' 155\- l7f07 O0410-2 Vxs f IMPORTANT NOTICE Any CLAIMS notices or inquiries should be directed to Companion Property & Casualty Insurance Company c/o Allstar Financial Group, Inc. 1301 Hightower Trail 4210 Atlanta GA 30350 Phone : 800-424-0132 Fax : 404-892-0186 Any BOND inquiries should be directed to Companion Property & Casualty Insurance Company c/o Allstar Financial Group, Inc. 105 E Giddens Ave #8 Tampa FL 33603 Phone : 813 -238-0136 or Toll Free 866-931 -0136 Fax : 813 -238-0135 or Toll Free 866-931 -0236 COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY P. O. Box 100165 (29202) 51 Clemson Road Columbia, SC 29229 5% bid bond NTE $50 , 000 dollars GENERAL POWER OF ATTORNEY Know all men by these Presents, that the COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY had made, Constituted and appointed, and by these presents does make, Constitute and appoint David R. Brett of Columbia, South Carolina; Katherine S. Grimsley of Tampa, Florida; or Donald H. Gibbs of Atlanta, Georgia, EACH as its true and lawful attorneyfor it and its name, place and stead to execute on behalf of the said company, as surety, bonds, undertakings and contracts of suretyship to be given to all obligees provided that no bond or undertaking or conVad of suretyship executed under this authority shall exceed in amount of the sum of $1 ,000,000 (One Million dollars) inducting but not limded to consents of surety for the release of retained percentages and I or final estimates on construction contracts or similar authority requested by the Department of Transportation, State of Florida and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of the presents, shall be binding upon the Company as if they had been duly signed by the president and attested by any officer of the Company in their own proper persons. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adapted pursuant to due authorization by the Executive Committee of the Board of Directors of the COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY on the 24" day of December 2003. RESOLVED, that the Chairman, President or any Vice President of the Company be, and that each or any of them hereby Is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY bonds, undertakings and all contracts of suretyship; and that any Officer, Secretary or any Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future, with respect to any bond undertaking or contract of suretyship to which it is attached. In Witness Whereof, the COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY has caused its official seal to be hereto affixed, and these presents to be signed by its President and attested by its Vice President this W—thday Otk � Lst 2006. Attest: COMP ROPER A D CASUALTY INSURANCE C MPANY By: Charles M. Potok, President Curls C. Stewart, vice President & CFO STATE OF SOUTH CAROLINA COUNTY OF RICHLAND On this f�O Z day of vSfwp1 before me who being by me duly swom, did depose and say that they reside pin Colum bias, n the ly came the County of Countove named o lawozy of Columbia; that they are the President and Vice President & CFO of COMPANION PROPERTY AND C COMPANY, the corporation described in and which executed the above instrument; that the kn ? J1�4 ,� corporation; that the seal affixed to the said instrument ks such corporate seat; that it was so affixed seal of the same names iereto p uant to due authorization. in w� afpried th > 41. tary Public, State of SC, Qualified In Richland County Commission ExpiBsa STATE OF SOUTH CAROLINA COUNTY OF RICHLAND \i I, the undersigned, an Officer of COMPANION PROPERTY AND CASUALTY INSURANCE COMPAtSHG C Corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force �rt6r}I� }�� revoked; and, furthermore, that the Resolution of the Executive Committee of the Board of Directors set forth in ower of Attorney is now in force. Signed and sealed at the City of Columbia, Dated the 27th day of 2nn7 l / (e5l - �Z Curts C. Stewart, Vice President & CFO Number 5094 Revised: 8/10/2006 SECTION 00431 SCHEDULE OF SUBCONTRACTORS The following are the subcontractors to be used if the undersigned is awarded the contract for this prof ect. NAME I1& ADDRESS TYPE OF WORK A qll� L v a\ �&n ' �1 L aJLAQ 7n ll F Fnrt �I �� � nr 33gOS Total dollar amount that will be awarded to Sub-contractors : $ b NOTE: The above Schedule of Subcontractors Will become a part of the contract that has been awarded and duly executed and must be submitted in writing to the OWNER for approval prior to that sub- contractor performing the work. END OF SECTION 6706-43015- 155\2!7107 00431 -1 VRB SECTION 00452 DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Bid, Proposal or Contract No . 2007044 for the Public Supply Wells Construction and Testing. 1 . This sworn statement is submitted by: (Name of entity submitting sworn statement) whose business address is : 5 7 �Ifl 7 7 `� �� uP r5 t X39 OS and kit applicable) its Federal Employer Identification Number (FEIN) is D -3 3 7 7 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement / 1 2 . My nameis � p�rt KOh} MeCe ( - (Please print name of individual siKing) and my relationship to the entity named above is � rpC �8o -\-- 3 . I understand that an "affiliate " as defined in Section 105 .08, Indian River County Code, means: The term "affiliate " includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 4 . I understand that the relationship with a County Commissioner or County employee that must be disclosed is as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in- law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, halfbrother, half sister, grandparent or grandchild. 5 . Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. Please indicate which statement applies. Neither the entity submitting this sworn statement, nor any officers, directors, executives , partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in Section 105 .08 , Indian River County Code, with any County Commissioner or County employee . The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity have the following relationships with a County Commissioner or County employee : 6706-43015 - 155\2/7/07 00452- 1 V RB Name of Affiliate Name of County Relationship or Enti Commissioner or em to ee 1 . � . 2 . 3 . 4 . 5 . 6 . 7 . 8 . (signature) (date) STATE OF T \ruc �CXa COUNTY OF CeP Personally appeared before me, the undersigned authority, who after first being swom by me, affixed his/her signature in the space provided above on this day of ACir C )2' 200 -7 NotAry Public, State at large MARIE CHRIS7INESIMPSDN My Commission Expires : r�""'kn MY CDMMISSION #DD647534 IXPIflES: DCT27, ppp7 . '"`$ Bonded through lst State Insurance END OF SECTION 6706-43015 - 155\2/7/07 00452 -2 VRB SECTION 00456 GENERAL INFORMATION REQUIRED OF BIDDERS The undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained. Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Additional sheets shall be attached as required . Documentation Submitted with Indian River County Bid No : 2007044 for the Public Supply Wells Construction and Testing . I . How many years has your organization been in business as a General Contractor? aa( co ' tI U Grc. 2 . Describe and give the date and owner of the last project that you have completed similar in type, size, and nature as the one proposed? -C &ev �C iLA � l SeP a � � GCA C- DM —�-t3� f � eSOvvG2 3 . Have you ever failed to complete work awarded to you? If so, where and why? /\) p 4 . Name three individuals or corporations for which you have performed work and to which you reefer: \ \ SIrl 1G \ q —� � M K r � I-En �-Q.11`ifJP rCler � � �A� LI "3 '� QUQu � a 5 . Name off person who inspected site or proposed work for your firm : Name: l �ni ynhlr Piet Date of Inspections : 311y1D7 Describe any anticipated problems with the site and your proposed solutions: N / e) 6706-43015 - 155\2/7/07 00456- 1 V RB 6 . Will you Subcontract any part of this Work? If so, describe which portions : 7 . Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. Additional information will be required in accordance with the Instructions to Bidders ( Section 00100) . STRUCTURAL : V 1 ra MECHANICAL : A) A ELECTRICAL: N � A INSTRUMENTATION: NJ R PAVING : L 10 GEOTECHNICAL : AJ R SURVEYING : -to h �Pf2rry ; nP (1 �p }pr i Dce & 6 TESTING LAB : Snr-C ).nb tr ,J n v SPS 8 . What equipment do you own that is available for the work? 11,7500 Gnrrlrlee 5\De �WCf r-O r Ij � i1 !iAe c 'R ( nS�nr 9 . What equipment will you purchase for the work? A ) noe 10 . What equipment will you rent for the work? 6706-43015 - 15512/7/07 00456-2 VRB IL Florida General Contractor ' s License No : 12 . The following is given as a summary of the Financial Statement of the undersigned : (List Assets and Liabilities and use insert sheet if necessary.) �— NS P jos . 2 s 13 . List the names and titles of ALL officers of Contractor' s firm: SPCrP � arNj - ISP S - 14 . State the true and exact, correct, and complete name under which you do business . BIDDER is: _ Wdco SOLE PROPRIETORSHIP (SEAL) N A (Individual's Signature) (Individual's Name) doing business as - Business address : Phone No. : A PARTNERSHIP (Partnership Name) (SEAL) (General Partner's Signature) (General Partner's Name) 6706-43015 - 15512/7/07 00456-3 VRB Business address : Phone No . : A CORPORATION L 1dk3 �a�e � Sv � s �eMs (Corporation Name) 1- � nc \ C, G (State of Incorporation) BY �hPc� uph\ � E eco (Name of person authorized to sign) �f (Title) (Authorized Signature) (Corporate Sea]) Attest '� r)Ve iA �1 Yoh ) ry) -e i c (Secretary) Business address : f� 7 Ll p art iP ped 1�1 tPs� i l � 3GoS PhoneNo . : 5i7 � NOTE : If requested by the County, the Bidder shall furnish a notarized financial statement, references and other information, sufficiently comprehensive to permit an appraisal of his current financial condition. END OF SECTION 6706-43015 - 155\2/7/07 00456-4 VRB 2006 Commercial Projects CDM CDM Karl Hopfensperger Kirk Martin 239-432-9494 239-432-9494 CH2M Hill CH2M Hill Mike Weatherby Mark McNeil 813 -874-0777 x4116 813 -874-0777 Water Resource Solutions Water Resource Solutions Dan Aquaviva Larry Holland 239-829-7000 239-574- 1919 City Fort Myers JLA Geosciences Byron Weightman Jim Anderson 239-332-6876 561 -746-0228 Projects Started and Completed in 2006 City Fort Myers 800 foot test wells and logging Collier County Shallow and deep test ASR wells and testing 12-inch too 850 feet South Florida Water Management District; Install liner in existing well to approx 1900, testing, step test and 72 hour constant rate pump test and geophysical logging. Army Corps of Engineers Line Deep well, testing, logging and pump tests Lee County Deep ASR well and testing 16-inch well 900 feet River Hall Ten shallow and deep irrigation wells, 400 & 800 feet deep City of Daytona Multiple test wells shallow and deep Town of Jupiter 20-inch wells and testing to 200 feet Several other projects for water supply wells, irrigation wells, ASR wells, injection wells, production wells, monitor wells, farm wells around the state of Florida. Check out our web site watersystemsflorida. com SECTION 00530 - EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT ("Agreement' or "Contract"), dated the day of .n the year 2007 by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and Wells & Water Systems. ins (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 WORK CONTRACTOR as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the Contract Documents. The work is generally described as follows: The construction and testing of three 16-inch diameter production wells that withdrawal groundwater from the Upper Floridan aquifer for public supply use . The wells are expected to be drilled to a total depth of approximately 750 feet below land surface, with approximately 400 feet of 16-inch CERTA- LOK PVC final casing. Wellhead completion is limited to disinfecting the well and capping the well . ARTICLE 2 ENGINEER The project has been designed by PBS&J, 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 completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME 3 . 1 The CONTRACTOR shall be substantially completed with the remaining work Two hundred Seventy (270) calendar days after issuance of the Notice to Proceed, in accordance with Paragraph 2.03 of the General Conditions, and be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within Three hundred (300) calendar days after the issuance of the Notice to Proceed. 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. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER four- hundred fifty dollars (5450.00) for each day that expires after the time specified in Paragraph 3 . 1 for Substantial Completion. If CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, 6706-43015 - 155\8/30/07 00530- 1 VRB CONTRACTOR shall pay OWNER four hundred fifty dollars ( 5450 .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 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds for the sum amount of SRI 8,850 per the prices stated in Contractor' s Bid, attached hereto as an exhibit. 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 and the Contract Documents. 5 . 1 Progress Payments . The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Govemment Prompt Payment Act, Florida Statutes section 218 .70 et. seq. The OWNER shall retain ten percent ( 10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5 .2 Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR's certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half ( 1 /2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255 .05(2005) ; or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: t ) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5 .3 Paragraphs 5 . 1 and 5 .2 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local 6706113015 - 155\8/30/07 00530-2 VRB Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5 .4 ACCEPTANCE AND FINAL PAYMENT : Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment. 5 .5 Acceptance. of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 6 INTEREST Not Applicable. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations : 7 . 1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SCA.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7 .3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 670643015- 155\8/30/07 00530-3 VRB 7 .4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and famish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 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 This Agreement (Section 00530). 8.2 Performance and Payment Bonds (Sections 00610 and 00612). 8.3 Notice of Award and Notice to Proceed (examples in Section 00800) . 8.4 General Conditions (Section 00700). 8. 5 Supplementary Conditions (Section 00800) . 8. 6 Specifications bearing the title "Public Supply Wells Construction and Testing" as listed in the table of contents hereof. 8 .7 Drawings, inclusive with each sheet bearing the following general title: "Public Supply Wells Construction and Testing". Only two drawings are included with this project and they are contained in the Specifications listed in item 8. 6 above. 8. 8 Addenda numbers-----L— to 4 inclusive. 8 .9 CONTRACTOR'S Bid (Section 00300). 8. 10 Specifications bearing the title "iRMI1S Water and Wastewater 1 ltil ,ty Standards, September 20041, or the latest version thereof 8. 11 The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto : All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3 .04 of the General Conditions. There are no Contract Documents other than those listed above in this Article 8 . The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3 .04 of the General Conditions. 670643015- 155\8/30/07 00530-4 VRB 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 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. 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 of all covenants, agreements and obligations contained in the Contract Documents. 9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 9.5 This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.6 CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents, engineers, employees, elected officers and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the work under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. 9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER' S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 9. 8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9 .9, Public. Records. The OWNER and the CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. (Remainder of This Page Intentionally Left Blank) 6706113015- 155\8/30/07 00530-5 VRB IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement the day and year first written above. This Agreement will be effective on `�7 � 1 � � b 12007. OWNER CONTRACTOR Indian River County Wells Rr Water Systems, Inc. Rnard of County Commissioners By: By: Gary-C. Wheeler, Chairman ORATE SEAL) Attest:_ _ Attest " J. IC. Barton, Clerk of the Circuit Court By t>y .. Deputy Clerk Approved By: 1 A J s ph A. aird, County Administrator Approved as to Forman Sufficiency: o ty Attorney Address for giving notices Address for giving notices 1901 27th Street 5740 lin Drive Vern Reach Florida 32960 Fort Myer Florida 12905 State of Florida License No. 2352 Agent for service of process: END OF SECTION 6706-43015- 155\8/30/07 00530-6 VRB ACORQ„ CERTIFICATE OF LIABILITY INSURANCE DATE IMM•DDiYYYY, . 0 ' ii 2nn , PRODUCER Lronz : 23u-279 -3273 FE_ y : 230-.79 -53G5 THIS CERTIFICATE IS ISSUED AS A MATTER OF WORMATION - -. wn , T_ n:. . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3 : 21- COltLLol Bivd . , Sti _ te 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR roti N.]' ?Ys cL 1. 3912 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I INSURERS AFFORDING COVERAGE NAIC # INSURED 1 ,83IaYI '_it dli ._c_ _CiCVd : - h_ r _ S re'Gs , LCC . �NSURERH r ^ '_ i : OPT' - - 131 lL S 'J ; d JS 1 T - . C1t ti . . FL P. 9 '15 IIJ$'JPEG E - COVERAGES "'HF. PGL C^ IES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE T_NSGP.ED NAMED APOVT_ [OF. ]EE PCLi CY PEKTi.DJ TNDrrq_ rn _ O7WIP33TA5BING ANY EEQCIPEYENT, TERN OR CONDTT = OCT OF ANY CGNTPAC'T OP. 'YTiER DOCUMECIT 4CITF. PE3FErT TO NHICH rHT_ S _ EF? BLC.ATE TlAv BE ! SSCED GP A1AY PERrA7N , THE _ USURA2CE PFFOP.EE:D BY T-E POLICIES CESCP. IBED BERFRI IS TO ALL THE 7k PMS E: T�US _ ONS AND COSDLCICIIS OF = J'7:i POLIC - ES . AGGPEGP.TE LU ITS SHOWN r. M 't HAVE BEEN FECUCEC BY PAIDTR Ci..A LMS . SRjiL2� Cr�_-- —_T-------- POLICY EFF ECTYE POIJCY EXPIRATIONT— - --- - - POUCY NUMBER rATU OMITS A I GENERALLIASIUT'( CPF , cC24525 S ! I ! 20 ,' ' P ; 1 ; 2009 EACHOCCURRENCE $ � COMMERCIAL GENERAL LA&LRY I`3AMAOFT6AENTE6—�" oRENlses� M� 31 ' 0 inn CLAMSMAEE }' OCCUR. MEDEXP i4i om col_ I k�i1 I �RsoNALA w: INJURY LXIcrnI e ;CTLAL LSAT — ! s 2 00 � _ GENERAL AGGREGATE r I6EHi AGGREGATE LIIAIiJFOT 4FFLIESPER: IRRODP'IS CONPrOPAGG ; 2 L J /' � 1C,_–__ POLICY PRO. L(A: i5 aui0M06lLE LIABILITY 'I_AG Qp ? 113rj � ,-' 1 % G J . 7 S ; i / 2ppa COMBINEDSINGLE UNIT � X .� ANYA.UTD jEaowHcn) $ Qi1- 1- , Gop _ i ALLON'NEJAUTGS ---- ,,- 1 BODILY INJURY _ SCHEDJLEDALTOS Wi PMsm) S HIRED AUTOS r -- - - -- --- f BODILYINJURY NCNiOWNEDAUTCS :Fb ecc�rll PROPERTY DMI4GF. $ �Pwa.4biA1 GAfldGE U4BIUTV AUTOCNLY FAACCIDFNT $ r ANYAUTO �-_ --�_---_ _ OTHERTHAN EAACC .AUTOONLY AGO $ .'y IXC ESSNMSRELLALIABRUTYC[jM ; L tl15 ? IG ;' G � / CVJ ' S / 1 / COva EACHOCCURRENCE 5 � rtQ }; OCCUR ' C'L.AIIAS MPDS F — III!�� l -- 5 i� DEDUCTIBif. k PB TENTION S l r (1 'J O _ S $ WORKERS COMPENSATION ANC i2424 6i ' i 2hi �` 7 � i L ; 200R Y. VVUSL'nU oH- EMPLOYERS' U6&DIY i AN PPAPPIETORIPARTHAR@XECUTIVE E.L. FACHACCILIENT I $ 1 , o0c Dnp O1PICERIIAEN6EREXCLUDEDi IE.L. DISEASE - EAEMPLOYEEI S _1 , PTgVISg Ayyes, aesRC SIO F _ ) G SPECIAINS bebv rFL. DISEASE - POUCYLIMIT I $ C ` C r. i'1 B _ OTHER CPFJOC24 'o2 ` 5 ' 7- n . tL^e:TEe/LTASED - / 2007 5 ; I % 2003 ICTAL LTMIr EIC . , Go _ EOUIPME y. iTCTAL LIMZr SIC , CCO j L, ?talldti _n F1estal DESCRIPTIONOFOPER4TION CLOCFLLA ; VEHICLES , IES ,' EXCLUSIONS ADDED BY ENGORSEMENP SPECI4L PROVISIONS ` 3J DAYS LOTICE OF CANCELLATIOY APPLES , EXCEPT LC DAYS :RETIC'_ FDA NON- rAYBEal OF PPEPIVM CERTIFICATE HOLDER CANCELLATION - in r, - SHOULD ANY OF THE ABOVE DESCRBED POLICIE2 BE CANCELLED Indian River Ccuntj BEFORE 'TBE EXPIRATION JA'TE THEREOF, THE 2EEL7NG INSURER ITT' F. SLFP'YCR TO MAIL 30 ` ^_AYE WRITTEN FOTTCT R F TE 18GC 27th street r.CEPTT_ FICATE HOLDER NAME] TO THE LEFT , BUT FAILURE TO DO SO Ver - Beach, FL 32960 SHELL TMFCSE CIG OBLIGAr TON OR LTABILI TY OF pPIY KICK ]PON THE INSCPEP , ITS A3E`IES OR REPPESEI+TATP:ES . AUTHOROEDREPRESENTATNE :&VL , z� c.... ACORD 25 (2001 iOEI) Q ACC RD CORPORATION 1966 IMPORTANT If tie certificate holder is an ADDITIONAL INSURED , the policy( ies) must be endorsed . A statement on this certificate does nct ccnfer rights to the certificate holder in lieu of such endorsement(s) . 1° SUBROGATION IS WAIVED , subject to the terms and conditicrs of the policy , cartain policies may require an endorsement . A statement or this certificate does not . confer rights to the certificate holder in lieu of such endorsement(s) . DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing nsurer(s) , authorized representative or producer; and the certificate holder , nor does it affirmatively or negatively amend , extend or after the coverage afforded by the policies listed thereon . ACORD 25 (2001108) fMM00YYVY) ACORD,„ CERTIFICATE OF LIABILITY INSURANCE DATE PRODUCER Ercra : 239-278 - 1273 Far- : 234-:79 - 5305 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3 Town r, ' Sown , Inc . 332 '- Coll Lai Blvd . , Sc _ te 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR r ort_ F. y�- r - FL 339112 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I INSURERS AFFORDING COVERAGE NAIC N ---- ---- ----- —t -- IVSUPFO i1JSURERA „ " Lance 5 `y' SLEI[13 , iI: C . 6 .' pT _— �- INSURER BCri COI'SIDBr : ,aj jT; S 'i : da .S ; I`} '_ 1 :. r1C5 IMGUREF C . j Mt t F[, ' I9D5 - INSU2:rD IIJSUNC- E COVERAGES LHE pCI, IC IES OF 1NSUEANCI LISTED BELL% HAVE BEEN ISS UED TO IHE It:SURED "l-kyED ABOVE FOR: i' F.E PCLiCy PF RI OJ ENDICA " D CTM7H3 SAND IMG ANY REQU IF FI+ENT , TERPI Ja CONDI ': _ ou OF ANY CGNTP9CT OP. OTHSR DOCUME PIT YC TF. PFS FECT TO FJHICH THT3 _ E 1 iCAT° TIA.Y BE ISSUED CR PIAy PERTAIN , THE IUB DRF'e C£ AFFOPCED BY TEE PO- IC IS DESC EE HELE- tl IS SJ9JECT TU ALL I:i£ TE. RY.S , Ex-�U5 = 0CJ5 AND COD'Erric'Is ^P' SVCS 30IIC= ES . AGGPEGP.IE LIPTTS SHOWN H 'f AHAVE BEEN FRAMCUCEE By RACLAIMS . IN U , TYPSOFINSURANC9 �- POUCVNUNBER TOLICY.0 CTFVE POUCYEXPIRATION; LIMITS F. GENERAL LIABILITI f PF � CCZy SZ `_, I ' 20C' ' ° i 1 ,' ZcQ3 I EArHOCCURRENCE x COMMEPCIALGENERA�LUAD,UTY PRE�Sda ' � CLAIMS RUDE If, OCCUR � MED EXP IA,ry0r6 Lsrsan) _� S�_C O 'er___ k�Il 4RSONAL A ADS I WURY S _ _ CO J J 'J CONTRACTUAL _ LT tibGENERAL AGGREGATE IS2 OCA JJO_ _ Iff I GE_Nl AGGPEGATELNAITAPPUESPER - - � I IPRoyucT3 QlmpO AGGS2iCVr ? QQ JECT POLICY PRO- $ AUTCMOSILELIABIL'TY �CA000 1 ? 35 S 1 ; 20r ,� i Ot COrAHINED SINGLE UNIT � _ , 5 : 11 % ZJJ3 I III— AHYAUTO I IEaec m) S1 , CC '_ , C 'loC r ALLON.YEJAUIGS f � --� BODILY INJURY IF } SCHEDUIEDALTOS Papms ) 5 ' ,\' I HIRLDAUTOGG ------�- BODILYINJURY � S `( NCW OWNED AUTCS I I IPp a¢iQlrtl OROHNRTY DMI AGE ;FW aa:lmrtl 5 GARAGE LIABILITYAUTO ONLY. EA ACCT DENT S rANYA.TO I OTHER TH4N E=ACC Is .4UTOONLY AGGis S EXCESSNMBRELL4 LIABILAYC[M32ECS ? i `I ; 27 / 2CJ7 5 / 112x) 08 EACHOCCURRENCE_ SL�)VID- C' AGGREGATES X � OCCUR CLAIPAS M4OE r ,r-- - C .� G J '- �'1'�_ ___--- i I DEIXICTIBLE I S -- }( RE IENTION 4IC i) pO ��-- WOW(ER9COMPENSATIONANC 5 - 424 C ' ' i2 'v ') � 6iL - ZGC3 j( To�WCSIY IJMrr - �- EMPLOYERS' LAM UTY SAN'/ PROPPIEDORPARRAERIEXECUTI VE =L FAUN ACCI[EHT S Z QVC t-� C if Res ERRAENCER EXCLUDED? E.L. DISEASE - EAEMPLOYEEI 51 . 0 ;1 , , J 'Qc SPECIAL PROVISIONS Wim F.L. EJSEASE POLICYLMIT S I O o B SFT-TEG/ L'ASED = 00024625 5 ; 1 / 2C' 07 5 / 1 / 2003 ITCTALLIMIT SICC , OOr, FPNE NT I:l9tallat1^_Ii FLC3ter TCTAL irMIT ` LC , C00 'C�- uctl . Ia 'n I , rCD DESCRIPTION OF OPERATIONS ? LOCATIONS r VEHICLES r EXCLUSIONS ADDED BY ENCORSEMENT I S P ECIALPROVISIONS " 3J DAYS i. CTICE OF CANCELLATIC9 AP ' IIES , EXCEPT IC DAYS CICPICE FDA NOIJ - RAY:4ENT OF PR£A. IUM CERTIFICATE HOLDER CANCELLATION ) o 7 ,-s SHODLD ANY OF THE ABOVE DESCR= BED POLICIEc BE CANCELLED BEFORE TBE EXP :RAT'I09 DATE THEREOF, TBE 1SPGLIJG INSURER IT1G' 1dR Ri'✓er CCuaty WILT. F, -DFVICR TO NAIL, 30 ' ^_AYS WRITTEN NOTICE TO THF 18GC 27th Street CEPTTFICP.TE HOLDER NAMED TO THE LEFT , BCT FAILURE TJ DO SO Vero Beach, FL 32960 SHALL INFUSE NO OBLIGATION OR LIABILITY UP ANY KING UPON THE INSURER , ITS AGE)JTS OR REPPESEWTATIYES . AUTHORQEDREPFESENTATNE ACORD 25 (20011108) m ACOR D CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED , the pclicy( ies) must be endorsed . A statement on this certificate does nct confer rights to the certificate holder it lieu cf such endorsement(s) . h SUBROGATION IS WAIVED , subject to the terms and conditicrs 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) . DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s) , authorized representative or producer ., and the certificate holder , nor does it affirmatively or negatively amend , extend or alter the coverage afforded by the policies Fisted thereon . ACORD 25 (2007 ,08) 1876401 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN RIVER CO FL , BK : 2208 PG : 2005 , 10 / 04 /2007 01 : 27 PM PUBLIC CONSTRUCTION BOND Florida Statutes 255.05 Bond # : 0003279 Contract #: Bid # 2007044 Contractor. Wells & Water Systems, Inc. 5740 Zip Drive, Ft Myers FL 33905 (239) 277-0075 Surety: Companion Property and Casualty Insurance Company 1301 Hightower Trail #210, Atlanta, GA 30350 (800) 424-0132 Owner: Indian River County Commissioners 1800 27th St, Vero Beach, FL 32960 (772) 567-8000 Obligee: some as above Contract Amount: $818,850.00 Bond Amount: $818,850.00 Project Name: Construction of Raw Water Supply Wells Project Scope: Construction & testing of three production wells Location: Vero Beach, FL 32960 Legal Description: Vero Beach, FL 32960 The attached bond has been furnished to comply with the requirements of Florida Statutes 255.05. This bond is hereby amended such that all provisions and limitations, including conditions, notice and time limitations of Florida Statutes 255.05 are incorporated herein by reference. Any provision of this bond which conflicts with or purports to grant broader coverage or more expanded coverage in excess of the minimum requirements of the applicable statute shall be deemed deleted herefrom. This bond is a statutory bond, not a common law bond. This "facer, page shall be considered the first page of the performance and payment bond regardless of preprinted numbers on other pages that may appear. for Bond Inaulrias. oleasecontact: Surety Associates 2110 Herschel St, Jacksonville FL 32204 (904) 388-5002 (904) 384-9827 A TRUE COPY CERTIFICATION ON LAST PAGE JX BARTON, CLERK EK : 2208 PG : 2006 Band ,Y 0003279 SECTION OD610 PERFORMANCE BOND THIS IS AN INSTRUCTION, NOT PART OF THE BOND The bond must state on its front page: the name, principal business address, and phone number of the connector, the surety, the owner of the property being improved, and, if differerc from the owner, the contracting public cutlVa the contract number assigned by the contracting public emir; and a description of the project suffialem to identify it, such as a legal description or the street address of the property being improved, and a paeral description of the improvement, end the bond number. KNOW ALL MEN BY THESE PRBSENTS: BY THIS BONR we wells a water System, Inc. as Principal, and Comparoon Aoperty and Casualty Insurance Company a Corporation, Is Surety, are held and firmly bond unto the County of Indian River, Florida, in the sum of Eight hundred eighteen tbouwrid eight hundred MY dollars 0100--- Dollah (Slats. aco.00 ) amohmtlrhg io10074 of the total bid price For the payment of said sum we bind ourselves, our heirs, execWms, dminise stors and assigns„jointly and seversily, for the fibMi performance of a certain written Contmet, dated theme_ day of 5FPT 20A, entered into between the Principal and the County of Indian River, far. Project Now: Public Supply Wells Construction and Testing Canty Project Bid Number: 1114 t County Project Number: Project Address: Vero Beach. Florida Pmjed Descripthm: I. The construction and tossing of three 164ndt diameter production wells that withdrawal groundwater from the Upper Floridan aquifer for public suppty use. The walla a re expected to be filled to a meal depth of appronhnatdy 730 fat below rand surBca, with approximately 400 feat of 16-inch CERTA-LOK PVC final adrig. Wellhead complation is limited to capping rte well and disi ift ing the well, if requested. A copy of said Contract is Incorporated herein by relkram and II mads a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDrnONS OF THIS OBLIGATION ARE SUCH, that if the Principal shag in ail mspects comply with the term and conditions of said Contract and its obligations thereunder, iectsdiag All of the Cammd Documents therein refhrod to and made a part thereof. and such alterations as may be made In the Contract Draw inp ed Specifications as therein provided for, and shall indemnify and an hemdow the Courcy of Indian River against and from an eapemes, cosh, and attorneys fees, irmludiat IPpellate procedinp, Is acs forts in the Centrad, dot Owner sueeaim because of a damages, imury or conduct, want of care of skok neglipmea air debuts, Inchdbg parent luftingement an the pmt of the Principal, his agate or employees, in the execution or per6omuhce of said Caanem, including 670643015.15519/19/07 00610.1 VRB A TRUE COPY CERTIFICATION ON LAST PAGE JX BARTON, CLERK ' 11 , x • a • - � 1 is EK : 2208 PG : 2008 Bond A 0003279 WNLN Tlfi PRINCIPAL 14 A PARTNERSHPa S*"d, salad and delivered in the praenoe of. N/A N/A Wwmea Name of Parmership N/A BY: N/A Ad&= PariMT N/A Primed Name of Partner N/A Witness N/A (SEAT.) Addmu IHHINHlIHINHl HYMIlHHHIHI♦HIHI HIH HHH M IHMIYttp HHtH HYHHII 'H fIEi9 THE PRINCIPAL R4 A CORPORATION: Anal: Wells & water systans, Inc. Secretory Now of Corporation s BY: (Affix Corporate SEAL) : Pdntod N Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL le .% / „r•,r Z_ certify that 1 am the sou" of the corpotgion named a principl is the within bond; that � .'-�,l/,�. ��. . who SIPad the said bond on behalf ofthe Principes was ;'�� than P.p� t of said corporation: u that 1 know hk s*u % and his sipallutp ::. . - - .. '. dwito is gmuines and that akl Bond was duty silted, sealed and attested for and on bohaif of Said corporation by authority of Its gowning body. .. . ' •'t. Secretory (SEAL) 6706-{3015 15519/19/07 00 IO/ J VRB A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK : 2208 PG : 2009 Bond # 0003279 TO BE EXECL19F�ir BY CORPORATE SURETY: A1hM: S! e igwe,t- of Companion Property and Casualty Insurance Company Seerotny AMA, JSy` Corpaate Surety 1301 Hightower Trail 0210, Ada VBUS tn _ ' . x fTHtGotporel B : I 2: o r,., •.�(�n,r - Katlxdne 5. Grindey =3.�V . . . . . : : Apomey-la ® iia sed Panda A Allstar Financial Group Name of Local Agency PO Boz 15029, Tampa, FL 33684 Business Addreu STATE OF FLORIDA COUNTY OF INDIAN RIVER Before toe, • Notary Public, duly commkiflos id, qualified and acting, panonally appmw Kae,eine 5. Grine, . to ma wall known, who being by an tint duly vmm upon antic, says that he is the otomy-in-feat fbr the a+ety and diet he Urs been sudwsiasd by Qm2lo n Property and raauity I�=_ L�nnoamV to G[ecuee #in foregoing Haid on behaffof the CONTRACTOR named thereis in favoroftbe Comty of Indian River, Florida. Subscribed and swan to before me this 26th day of September . 21107 . ( C ' Public, Spee offlordide MyCommiesion Eapirsa: May 22, 2009 N014RYPt1BLIC•STATB OF FLORIDA M. M .ExPirell: Samantha C, D432605Commission N DD432605END OF SECTION MAY 22, 2009 ry uandc seediea Co., Inc 670643015-t5519/19107 00614 4 VRB A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK : 2208 PG : 2010 Bond # 0003279 SECTION 00612 PAYMENTBOND THIS IS AN NSMUCTTON, NOT PART OF THE BOND The bond must etate as its 6ont page: the cane, principal business address, and phone comber of the contactor, the sunny, the owner of the Property being improved, nd, if different from the owner, the contrrAing public entity; the ow*wt number assigned by de contracting publio tun ft and a description of the project sufficient to identify it, such a a legal description or the street address of the property being improved, and a general description of the improvement, and the bond number, KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we Wens a Water Systems, tnc. as Principal, and Companion Property and Casualty. igsurana Company CorpotatiM as Swett', as hell and firmly bondoo wthe County of Indian River, Florkk in the sum of ht hundre Eigd eighteen thousand eight hundred arty donars Dollars (ZBIe 650.�a amewllbig M 100% of the toll bid price. For the payment of aid awn we bind wrealvas, our babm axmtron, administrates and assigns, jointly and xrerally, for the Aithful parfo[muta of a certain written Contract, dated the !IT day of SEPT- _ 200 , entered into between the Principal and the County of Indian River, for. Project Name: Public Supply Wells Commuctiaa and Taping Cowuy Project Bid Nwcbrr: �QQjQ44 County Protea Number; Project Address: Vero Bach. Florida Project Description: 1. The aatsmnaion and testing of throe 16htch diamarer production wells that withdrawal groundwater Bram the Upper Floridan aquifer for public supply use. The wells a a expected to to drilled to a WW depth of approximately 750 feet below land stafiae, with appmoimately 400 foot of I"Pcb CERTA-LAIC PVC fmd easing. Wellhead completion is limited to capping the well and disinfecting the well, If requested. A copy of said Contract is Incorporated herein by refmarca and is made a part hereof es if f Gly copied herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if Priaeipal shall promptly mdse Payanema to all claimants, as hello below defload, than olds obligation shag be void; otherwise, this Band andl remain in fhll fbm and d rec% subject to the following tams and conditions: 670643415-155)9119107 00612-1 VRB A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK : 2208 PG : 2011 Bond r! 0003279 L A claimant is doftoed as any person supplying the Principal with Inbar, materiab or supplies. used directly or indirectly by the Principal in the prosecution or the Work provided for in said Contract, and Is fhrther deferred in Florida Statutes Section 773.ol . 2. Florida Smutm Section 255.05 (2005a as amended from tins to risco, together with all notice and time provisions contained in subsection (2) of Florida Statutes Section 255 .05, is incorporated haelm in its entirety by this referarw The Surety. for value received, hereby stipulates and agrees that no charge, extension of time, afteration of or addition to the to of the Contract or to the work to be perforated thereunder or to the Specifications applicable thereto, shall is any way affect its obligations on this Bond. and the Scanty hereby waives notice of any such obange, extension of tints, alterxtiorn of or "ion to the Dams of the Contracts or to the work or to the Specifications. * * The Surety represents and warrants to the County of Indian River that it has ■ Bars Key Rating Guide, General Pogcykokfelsrating ofaA" and PimncialSize Category, ofClass vn The Principal and Sorely jointly and severally covenant and agree that this Bond will ramie in full farce and effect fog a period of on yen commencing on the darts of Subglsntial Completion u establbhed on the Certi(kate of SubpaMfai Completion as issued by the County of Indian River. The Principal sod Surety Jointly and severally, agree to pey the County of Indian River dl lasses, danngNs expenses, coats, and attorney'I fens including "floe proceedings, that the County of Indian River sustain because ofadefaolt by the Principal under the Correct. * IN WrlWM WHEREOF, the above bound parties executed this inaro tent under thea several stab. this /H &W of Seer• 20 07 do mote and corporate seal of each corporate party being hereto afffsed and these presents duly signed by its undersigned rep reaartadve pursuant to aukhoft of its governing body. tHHUl H{►►pll!lt/tH ttNN•lfHttlt►!!p t/NNlH►{►►{lttNa►a1H{igplt►qtN! WHEN THe rMCEPAL tta AN DIDMBUAL Signed, sealed and delivered in the presence of N/A N/A Witaass 8ignatre of Individual N/A N/A Address Printed Name of lndtviduat N/A Wioren N/A Address Any liability mder this bond shell be limited to the bond penal sum. + + Notwithstanding any language to the contrary in this bond, the mWM contract docmnents " referenced statutes, increases in the contract amount and/or my increases N the penal sum, harem, shell be limited to 15% of the initial contract pnee, both singly and in the aggmgate, without the cWaas written taosent of surety. And, rely refusal by surety to provide such consent shall not be considered w a default by surety or principal in the bonds or the contract. 6706,43015-15519119107 00612.2 VRB A TRUE COPY CERTIFICATION ON LAST PAGE J .K. BARTON, CLERK BK : 2208 PG : 2012 Bond * 0003279 WHEN THE PRE4WAL IS A CORPORATIONI Attest /a ✓ — �-� Weds & Water Systems, Inc Sareury Hama ofCoipo lice BY: (AffixCorpm2 ) Prhnod NIMM official This CERTIFICATE AS TO CORPORATE PRINCIPAL I .fOrr <1 91ircei_ cordtyMet I am the Swetary ofthe carponthm nroed as Prleeipat in the within bonst that df .�- .i /� r c : . who Biped the said bond on belallf of the Principal was then /pie er of said corporation: that 1 haw his siV4M*% rid bit signstam theft is genuine: and flat seW Bond was duty slgaed, sealed and wonted for and on behs f of Said corpontion by awbority of Its govaming body, !/�J9 % c; Secmtry (SEAL) :l M BE EXECUTED BY CORaIRATE SURt+TY: Attest &A I.WeF ms Companion Property and Casualty Insurance Company Seaatsry sw A, # V Carpgap Su f4. 1301 HW tower Trail *210, Atlanta, GA 30350 Hui d ro e YC" KathMne S. Gdmsky Attorney4n-Fact & Ucegfedf L AW ABstar Financial Group Name of Lmet Agency PO Box 15029, Tampa, PL 33684 (813)138-0136 Business Address 670"3015•I5SWIM 00612 VRB A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK EK : 2208 PG : 2013 Bond # 0003279 STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, persowlly appeared Kat wdm S. ck"ev . to ms well known, who being by sx fiat duly swan upon oath, says that he is the atiorney-in-W fbr the surety and Nat he hee been vAborind by Companion Pmcenv and casualty 1mranoe cm "ny to execute the farepo mji bond on behalf of the CONTRACTOR routed dwein in livor of the County of ludian River, Florida. Subscn-bed and swam to before are this 26n+ day of September . 20.97�1 (moi � j 4v— gotary Public, St& of Plaida My Commission Expbu: May 22, 2009 NOTARY PUBLIC-STATE OF FLORIDA � fl �f CommisSO=ntha C. Bostwick ��i'l/ sion # DD432605 ENDOFS MON Expires; MAY 22, 2009 sanded Thru Adande Bondtaa Co., Inc 6706.43015-13SM19/07 00612•,1 f YRB A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK : 2208 PG : 2014 IMPORTANT CONTACT INFORMATION Any CLAIMS notices or inquiries should be directed to: Companion Property & Casualty Insurance Company do Allstar Financial Group, Inc. 1301 Hightower Trail #210 Atlanta GA 30350 Phone: 800-424-0132 Fax: 404-892-0186 Any BOND inauiries should be directed to: Companion Property & Casualty Insurance Company do Allstar Financial Group, Inc. 105 E Giddens Ave #8 Tampa FL 33603 Phone: 813-238-0136 or Toll Free 866-931 -0136 Fax: 813-238-0135 or Toll Free 866-931 -0236 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTOR CLERK • • - . • . • .. Ali wi . . 4 lb _ . tVl Ld . - pill Is _1 ; f +� « _ 7 4 75 I= ran • • i. . . . . • a - IT dddd IMF ill . . n . All • • • • • • all:111 ? L r . r . • .fes �•'� 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 Law . STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By National Society of ASCE AC E C Professional Engineers American Society ` "^ ^ � ' • ° • ^ • ^ ' �• ^^ •^• • " " I", � Professional Engineers In Private Practice of Civil Engineers PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Krgsmo lm creaurg IM &vX Emiwmm mm Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 1 Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 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 EJCDC Construction Documents, General and Instructions (No. C-001 ) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002 Edition). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 2 TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . ... ... . . .. .. . . . . . .. . . ... . . . ..... . . . . . . . . . . . . . .. ... .. . . .. . . .. . . . .. . . . .. . . . .. . . . . . . .. ... ... . . . .. . . . . . . . 6 1 .01 Defined Terms ... . . . ... . . .. . ... . . - -. . . . . . . ..... . . . .. .. . . . .. . .. . . . . . . ... . . . .. .. . . . .. . . . . . . . . . . . ... . . . . . . . . . . .. . . . . . . . .. ... . . . ... .. . . .. .. . . . . . . . .. .. .. . .. . .. . . . . . . . . . . . . 6 1 .02 Terminology . . . ... .. . ... . . . . . .. . . . . . . ... ... . . . .... . . . . . .. . . . . . . ... ... . . . . . . . . .. .. . .. . .. . . . . . . . . . . .. . . . . . . .. . .. .. . . . . . . . .. ... . . . .. . ... ... . . . . . . . . . .. .. . . . . . . . . . .. . . . . ... .. 8 ARTICLE 2 - PRELIMINARY MATTERS ... .... .. . . .. . . .. . .. . . . . . . .. . ... . .. ... . ... ... . . . . . . . . . . .. . . . . . . . . . . . :. . . . . . . . .. .. . . . . .. . . . . . . . . . . .. . . .. . . . . . . . ... . . ... . . .. . .. .. 9 2 .01 Delivery of Bonds and Evidence of Insurance .. .. . . . . . . . .. .... . .. . . . . . . . . . . . . . .. . . .. . . .. . . . . . . . . . ... . . . . . . . . .. . . . . . . . . . . ... .. . . . . . . . . . .. . . ... . . . . . .. . . 9 2 .02 Copies of Documents . .. . . . . . . .. . . . . .. . . . .... ... . _ . . .. . .. . . . . .. . . . . . . _ _.. . . . . . . . . . ._ . . . _. . . .. .. . . . . . . . . . . . . _ . . . .. . . . .. . . . . . . . . . . .. . . . . . . . . . . . ._ . . . . . ._ _ .. . . 9 2.03 Commencement of Contract Times; Notice to Proceed .. .. . . . ... .. ... . .. . .... .. .. . . . .. . . . . . . ... . . . . .. . . .. .. . . . . .. . . . . . . .. .. . . . . . . . . .. . . . . .. . . . .. . 9 2.04 Starting the Work . . ... . . . . . .. . . . . .. . . . . . . .. .... . .. .. . . . . . . . . . . .. . . .. . ... . . . .. .. . .. ... . . . .. . . . . .. . . .. . . . . . ... .. . .. ... .. . ... . . . .. . . . . .. . . . . . . . . . ..... . . . . . . . . . . . .. . . ... . 9 2.05 Before Starting Construction ... . .. . . . . .. . . . . .. . . . . . . . . ... .. .. . .. . . .. . .. . ... . . . . . . . .. . . . . . . . . . . . . . . .. . .. . . . . . . ... . . . . . . . . . . .. .. . . . . ... . . . . . .. . . . . . . . . .. . . . . . .. . . 9 2.06 Preconstruction Conference . ... ... . . ..... .. . . . . .. . . . . . ... .. .. . . . . .. . . .. . ... . . . . .. ... ... . . . . .. . . . . . . . . . . . ... .. . . . . . . ... . . . . . . . . .. . . . . . .. . . . . .. .. ... . . . . . . . .. . . . . 9 2.07 Initial Acceptance ofSchedules .. .. . . . . . ... ... .. ... . . . . . . .. .. . .. . . .. . .. . ... .. ... ... ... .. .. ... . .. .. . .. . . ... ... . .. .. . ... .. . .. . ... . . . . . . . . .. .. . . . . .. . .. . . . . ... . . . 9 ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, AMENDING, REUSE .. . . . . . . . . .. ... . . .. . . .. ... .. . ... ... ... . .. ... ... . . . . . . . ... . . . . . . . . . . . . . 10 3 .01 Intent . ... . . ... . .. . ... .. . ... .. .. . ... . . . . . . .. ... . . ... .. .. . . . . .. . .. . .. .. ... . . . . . . . . ... . .. . ... .. . . . . .. . . . . . .. ... . .. .. . . . .. . . .. . . .. . ... . .. ... . . . . . . ... ... . . . . . .. ... .. . . . . .. . . .. . 10 3 .02 Reference Standards . . .. . . . . . . . . . . ... .. . . . .. . . . . . . . . .. . . .. .. ... . . . . . . . . ... . . . . . . .. . . .. . .. . .. .. . . . .. ... . . . . . . .. . .. . . . . . . . . ... . . . . . . . .. . .. ... ... .. .. . . . ... . . . .. .. .. . 10 3 .03 Reporting and Resolving Discrepancies . . ... ... .. . .. . .. . .. . . .... . . . . ... . . ... .. . . . ... . . ... .. . .. . . . . . ... .. . .. . .. ... . .. . . .. .. . .. . . . ... .. .. . . . . . . . . . . . . . ... 10 3 .04 Amending and Supplementing Contract Documents . . . . ... . . . . ... . . . . . .. . . .... . . ... .. ... .. . . . . .. . .. ... . . .... .. . . .. .. . . . . . . . .. .. . . . . .. . . ... . . . . . .. 11 3 .05 Reuse of Documents . . ... ... . . ... . . . . . . . . ... . . . . ... .. . .. .. . . . . . . . .. ... .. . .. .. ... ... . . . . . . . . . . .. . .. . . . .. ... ... . . . . . . .. . .. .. . ... . . . ... . . . ... .. . . . .. . . . ... . . ... . . ... .. 11 3 .06 Electronic Data. ... ... . . . . . ... . . . . . ... . . . . . ... .. . . . . . . . . .. .. . ... ... .. . . . . .. . . .. . .. . . .. . . ... . .. . .. . ... . . ... .. ... . .. ... . . . . . . .. .. . . . . . .. . . . . . . ... .... . . . ... .. . .. ... . . . . I I ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS . ... . .. ... . ... ... .. .. . . . . ..... .. . . . . . ... . .. .. .... . . ... .. . ... .. . .. . . ... .. ... . .. .. . . . . . .. ... . . .. .. I1 4.01 Availability of Lands .. ... .. . .. ... .. ... ... . . . . ... ... . . ... .. . ... .. .. . ... . .. . ... ... ... . . . . . . . . . .. . . . . . .. . . ... ... . . . .. . . . . .. . . . . .. . .. .. . . .. . .. . . . . .. .. .. ... . . ... . . .. . . 11 4.02 Subsurface and Physical Conditions. . .. ... . . . .. . . . ... .. .. . . . . ... . .. . .. . . . . ... ... ... .. . . ... .. . . . . . . .. ... ... . .. . . .. . . . . . .. . . .. . . . . . . .. ... .. . . . . . .. . . . .. . .. . 12 4.03 Differing Subsurface or Physical Conditions . ... .. . ... .. .... ... .... .. ... ... ... .. .. .. . . .. .. .. . . . ... .. . . .. . . . . . . .. . ... . .. .. . .. . . . ..... . . . .. .. . . . .. ... . 12 4.04 Underground Facilities . . .. .. . . . ... ... .. ..... . . .. . . .. . . . . . ... ... ... .. . . .. . .. . ... .. ... ... ... .. .. .. . ... .. ... . . ... .. . ... .. . ... ... ... ... ... ... . . . . ... ... .. ... . . . . . . . . 13 4.05 Reference Points ... . .. .... . . . . ... . . ... ... .. ..... .. . .. ... . .. . . . ... .. ... .. . ... . ... ... .. ... ... . . . .. . . .. . ... .. ... .. ... . . . ... .. . .. . ... ... . .. ... ... .. . .. .. ... .. . .. . .. . . . . . 13 4.06 Hazardous Environmental Condition at Site . . . . . . .. ... .. .... . .. . ... .. . . . .. . ... .. .. . . . ... .. ... .. ... .. . ... .. . ... ... ... . .. ... ... .. . . . .. ... .. . .. ... . . . . . 13 _ ARTICLE5 - BONDS AND INSURANCE . ... ..... .. .. . .. . . . . .. . .. ... .. . .. . ... .... ... .. . . .. . . . .. .. . .. . . ... . . ... .. . . . . .. . .. ... ... ... . .. . .. . .. .. . ... .. . . . .. .. . . . ... .. ... 14 5 .01 Performance. Payment, and Other Bonds.. . .. . . . . . . .. . .. .. . ... . ... ... ... ... .. . .. .. . . . . . ... . . . .. ... ... . . . .. ... . .. .. . .. . . . . .. . . . . ... .. .. .. . ... . .. .. . . . .. 14 5 .02 Licensed Sureties and Insurers .. . .. . . . . . ... ... .. ... . .. ... . . . . . .. . ... . . . . .. . .. . ... .. . ... . . . . .... . .. . . . . .. ... .. . . . .. . . .. . . . .. .. .. . . . .. . . .. .. .. . .. . . . .. . .. . . ... 15 5 .03 Certificates ofInsurance . . ... .. .. . . .. .... . . . ... ... .. ... ... ... . . . . . . . . .. .. . . . . . . . . . ... .. . ... .. . . ... . . .. . . . .. . ... . .. ... . . ... . . . .... .. . . . . .. . .. .. . . . ... . . ... . . .. . .. 15 5 .04 Contractor 's Liability Insurance .. . . . . . ... ... . . . .. . .. ... . . . . .. . . .... . . . . ... . . . .. ... ... .. . . ... .. . .. . . . . . .. . . .. ... . . .. . . . . . . .. .. . ... .. . . . . . .. . ... .. ... .. . .. .. 15 5 .05 Owner 's Liability Insurance ... . . . . ... .. . . ... . . . . . . .. . .. .. . . .. . .. . . . ... . . .. ... . . . .. .. . . . . .. . . .. . .. ... ... . . . . . . .. ... . . .... ... ... . . . ... .. . . ... . . . . . . .. . . . .. . .. . . 16 5.06 Property Insurance .. . . . . .. . . . . . . .. ... . . ... .. . . . . . .. . . .. ... . . . . . . .. ... . . . .... ... ... . . . . . . . . . . . . . . .. . . .. . .. ... .. . .. . .. ... .. . ... .. . ... . . . . . . . . . .. ... . . . . . . .. . . .. . .. .. 16 5.07 Waiver of Rights.. ... .. . ... .. .. . .. . .. ... .. . . . .. .. . . . . . . .. . ... . .. .. . .. .. . . . . .... . .. .. . .. . . . . . . . . ... ... . . . . . . . . . . . . . ... . . . .. ... .. . .. . . .. . . . .. . . . . .. .. . .. . . . . .. .. . .. .. .. 17 5.08 Receipt and Application of Insurance Proceeds . . . . . . . . . . .... . .. ... . .. ... . .. . .... .. .. .. . .. . . . ... ... . . . . . . .. .. . . . . . ... . . . . . . . . .... . . .. ... . . .. . . . ... . 17 5 .09 Acceptance of Bonds and Insurance; Option to Replace . . .. . . . . . . ... . .. ..... .. .. . . . . . .. . ... ... ... . . . . . .. . . . .. ... ... . . . . . . . .. .. .. ... . . ... . . .. . . 17 5 . 10 Partial Utilization, Acknowledgment of Property Insurer ... . . . .. ... . .. ..... .. .. . . . .... . ... ... ... .. . . . .... . .. .. .. .. ... . .. . .. .. . . . .. . . ... .. .. . . 18 ARTICLE 6 - CONTRACTOR' S RESPONSIBILITIES .. ... . . . . . . . . ... . .. . . ... . . . .. ... . . . . .. . . .. ... . . .. . .. . .. . .. ... . .. . . . ... ... . . .. . . . . . . .. . .. .. ... ... .. . . . . . . . . 18 6.01 Supervision and Superintendence ... .. .. .. . . . . . . . . . .. . .. . ... .. . . . . . . . . ... . . . .. . . . ... . .. . . . . .. . .. .. . .... . ... ... . . . .. . . . . ... ... . . . ... .. . . .. .. . . . .. .. . .. ... . . . 18 6.02 Labor; Working Hours. ... . . ... ... .. . . . ... .. . . . .. . . . . . . .. .. . . . . .. . ... ... . .. . ... . .. ... . .. ... . . .. .. . .. . . . .. ... . .. . . . . . . .. . . . ... . .. . ... .. . . . . . . . . . .. ... ... .. .. . . . .. . 18 6.03 Services. Materials, and Equipment.. . . . . . . . . .. . .. . . . . .. ... . . . ... . .. . . . . . .. . .. . .. ... .. .. .. . . . . . . . . . . . ... .. . . . . .. .. . . . . . .. . . .. ... . . . . . . . . . . . .. ... . . ... . . . . . 18 6.04 Progress Schedule.. . ... . . .. . ... .. . .. ... . . . . . . . ... . .. . . ... .. . . .. .. . . . . .. ... . .. . .... .. ... ... ... .. . . ... . . . .. . . . . . ... .. . .. . . . . .. . ... ... .. . .. . .. . ... .. .. . .. ... . . . .. . . . .. 18 6.05 Substitutes and "Or-Equals .. .. . . . . .. . . . . ... ... . . . . . . . . . .. ... ... .. . . .. . .. . ... .. . . . .. . .. . . . . . .. . ... .. . .. . . .. . . . . ... ... ... ... .. . . . . . . . . . . ... .. ... ... . . ... . . . .. .. 19 6.06 Concerning Subcontractors, Suppliers, and Others. ... ... . ... ... .. . .. . .. .. . . . . . .. . ... . . . .. . . . . . . . . . . . ... ... .. . .... .. . . . .. . . .. . . . . . . .. . . . .. . . . .. . . 20 6 .07 Patent Fees and Royalties . . . . . . .. . .. .. .... . . . . . . . .. .. . . . . . . . . . .. . . . . .. . . . . . .. . . .. ... .. . .. . . . . . .. . . . .. . . . . .. ... .. . . . . .. . .. .. . . ... . . . .. . .. . . . . . . . . ... .. . .. ... .. . . 21 6 .08 Permits .. ... ... . .. . . .. ... ... .. . . . .. . . . . . . ... . . . . . .... . . . .. . . .. . .. . . . . . . . . .. . . . . .... .. . . .. . . . ... .. . ... .. .. .. . .. . . . .. . .. ... .. . . . . . . ... . . . . ... . . . . .. . .. . .. .. . . ... .. . . . ... . . . . 21 6 .09 Laws and Regulations . . . .. . .. . . . ... . . . .. .... . . . . . . ... ... . . . ... . . . . . . . . .... . . . . . .. . . ... .. . ... .. . . .. . . . ... .. . . . .. . . .. .. . . . .. . .... .. . . . . . . . .. . ... . . . . . .. .. . . . ... . . .. 21 6 . 10 Taxes ... .. ... . ... . . . ... ... ... ... . . . . . ... .. ... ... . . ..... ... ... .. . .. . .. ... . . . ... . . . .... . .. . .. . . . .. . . . . . . .. . . . . . .. .. . .. . . . . . . . .. ... . . .... ... . ... . . . . . . . . ... . . . .. .. . . . .. . . . .... 22 6. 11 Use of Site and Other Areas.. .. . ... .. . . .. . ... ... . . . . . . .. .. . . . . ... . . . .. .. . .. ... . . . . . . . . . . . . . . . . . . .. . .. ... . . . . . . .. . . . .. . ... . . . . . .. . . . . .. . . . . . . . . .. .. . . . .. . . . .. . . 22 6. 12 Record Documents . . . .. . ... . . . .. . . . . . ... . . . . .. . ... . .. .. . . . . . . . . . . . . . . ... .. .. . .. .. . . . . . .. . . .. . . .. . . . . .. . . . . . . . . . .. . . . . . . .. . . . . . . . .. . . .- .. .. . . . . . . . 22 6. 13 Safety and Protection . . . .. .. . .. ... .. . .. ... ... . ... . . . . . . ... . . . .. . . . .. . . .. . .... .. . . . . .. ... . .. ..... .. . . . . . . . . . . .. . ... . . . .. ... .. . . . . . .. . ... ... ... ... .. . . . . . . . . . . . . . . . . 22 6. 14 Safety Representative .. .. . . . ... . . .. . ... . . . . .. . .. . .. . . . . . . . .. .. . . .. . . . ... . . .. ... . . . .. . . . . . . . . .. . . .. . . . . . . . . . . . . . ... . . . . . .. . .. . .. . . ... . .. . .. . .. .. . .. . . . . . . . . . . . . . . . . 23 6. 15 Hazard Communication Programs ... . . . . . . . . . . ... . . . . .. . . . . . . . . . .... . .. ... .. ... . .. . .... .. .. . . . .. . . . . .. ... .. . . . . .. .. . . . . . .. . . .. . . . . .. ..... .. . . . ... . . . . . . . . 23 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 3 6. 16 Emergencies . . . . . . . . . . . . .. ... . . . . . . .. . . . .. . . . . . ... . . . . . .. . .. ... . . ... . . ... . . . .. . . . . .. . . . . .. . . . . . .. . . . . . . . . . . . .. . . . . .. . . . . . . . . . . .. . . . . . .. . . . ... . . . . ... . . . . . . ... . .. .. . . . . . 23 6. 17 Shop Drawings and Samples . . .. . . . . . .. . . . . .. . . . . . .. . . . . .. . . . . . . . . .. . . . . .. . . . . .. . . . . . ... . . . . . . . . . . . . . . . . .. . . . .. . . . . . ... . . . . .. . . . . .. . . . .. . . . . . . . . . . . . . . . .. . . . . 23 6. 18 Continuing the Work . ... ... .. . ... . . . . . ... . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . .. . . .. . . . . .. . . . . . . .... . . . . .. .. . .. . . . . . . . . . . . . . .. . . . . . . . . . .. . .. . .. . . . . . . . . . . . ... . . . . . . . . . . . . 24 6. 19 Contractor 's General Warranty and Guarantee. . .. ... . . . . .. . . . . .. . . . . .. .. . . .. . . . . . . . . . .. .. . . . . .. . . . _ .. .. . . . . . . . . . . . . . . . . . . . .. . .. . . . . . .. . .. . . . .. . . 24 6.20 Indemnification . . .. . .. . .. .. . ... . . . . . . .. .. . . . . . . . . . . . . . . . . .. .. . . . ... . . . . . . .. . . . . . . . . . . . . . . . . . . .. . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. .. . .. . . . . . .. . . . . . . . . . . . . 24 6.21 Delegation of Professional Design Services . . . .. . . . .. . .. . .. . .. . . .. ... . . . . .. . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . .. . . . . . . . . . . .. . . . . .. .. . . . . . . . . . . . .. . . . . . . 25 ARTICLE 7 - OTHER WORK AT THE SITE . .. . . ... .. ... . .. .. . . . . . .. . . . . . .. . . . . .. .. . . . . . . . . . . .. . . . . . . . . . . . . . .. .. . . . . . . . . .. . .. . . .. . .. . .. . .. ... . . . . . . . ... . . . . . . . . . . . . . 25 7 .01 Related Work at Site. . . . . . ... . .. ... .. . . . . . . .. . . . . . ... . . .. . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . ... .. ... . . . . . . . ... .. . . . . . . . . .. . . . . . .. .. . .. . . . . .. ... . . . . . . . . . . . . . .. . . . 25 7.02 Coordination . .. . .. ... ... . . . . . . .. ... . .. ... . . . . . . . . .. . . . . . ... .. . .. . . . . . ... .. . . . . . . . .. . ... ... .. . . . . . . . . . . . . . . . . . . .. . .. . .. .. ... .. . . . . .. . .. . .. . . . . ... . .. . . . . ... . . . .. . . . . . . . 26 7 .03 Legal Relationships.. .. . . . . .. ... . . . .. . ... .. . . . . . . . . .. ... ... .. . . . . . . .. . . . ... . . . . .. . . . ... . . . . .. . . . . ... .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . .. . .. . . . . .. . . .. . .. . . . . . . . . . . 26 ARTICLE 8 - OWNER' S RESPONSIBILITIES ... . . . . . . .. .. ... . . . . . . .. . .. .. . . . . . . . . . . . . . . .. ... . . . . . . . . . . . . . . . . . ._ .. ... . . . .. . . . . . . .. . . . . . . . . . . . .. . . . . . . . . .. .. . . . . .. . 26 8.01 Communications to Contractor.. . . . ... . . . . . . . .. . . . . . . . . . . . .. . .. . . . . .. . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . .. . . . . . .. . . . ... . .. .. . . . .. .. . .. ... . . . . . ... .. .. . . . .. . . . .. . . 26 8.02 Replacement of Engineer .. .. . .. . ... . . . . .. . .. . . .. . . .. . . . ... .. . . . . . . . . . ... . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. .. . . . . . . . . . . . . .. . . . . . . . . .. . 26 8.03 Furnish Data . . . . . . . . . . .. . ... . . . . . . .. . . . . . . . .. . .. . . . . . .. . . ... .. . . . ... . . . . . . .. . .. . . . . . . . . . . . . . . . . . . .. . . ... .. . . . . .. .. . .. . . . . . ... . .. .. . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . .. . 26 8.04 Pay When Due . . . . . . . ... ... . .. . . . ... . .. . . . . . .... . . . . . . .. . . . . . . . . . . . ... .. . . . . .. . ... ... . . . ... . . . . . .. . . . . . . . . . . . .. . . .. . . . . . . . . . .. . . . . . . . .. . ... . . . . .... .. . .. ... .. . .. . . . . . 26 8.05 Lands and Easements; Reports and Tests . . ... . . . .. .. . .. . . . .. . . . . . . . . . . . . . .. . . . . . . .. . .. . .. . . .. . . . ... .. . .. . . . . . . .. . .. . .. . .. . . .. .. . . .. . . . . ... .. . .. . . . . . . . 26 8.06 Insurance .. . .. . . . . . . .. . . . . .. . . . .. . .. . .. . . . . . . . .. .. . . . .. .. . . . . .. . .. . . . . . . . . . . . . . . . .. .. . . .. . . . .. . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . ..... . . . .. .. . . . .. . .. . . 26 8 .07 Change Orders ... .. . . . ... ... ... . .. .. . . .. .. ... .. .. . . .. . . ... ... .. . .. . . .. . . . . .. . . . . ... . . . .. . . .. ... .. . . ... . . . .. .. . .. ... . . . .. . . . . . . . .. . . .. . . . . . . . . .. . . . . . . .. .. . . . .. . . . . . . . 26 8 .08 Inspections, Tests, and Approvals .. . . ... ... .. . .. .. . .. ... . . . . . . .. ... . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . ... . . .. . .. . . . . . . . .. ... . . . ... . .. ... ... .. ... . . .. . . . ... . . ... . 26 8 . 09 Limitations on Owner 's Responsibilities .. .. . . . . . . . . . .. . .. . . . .. . .. . . . . .. . . . . .. . .. . . . .. . . . . . . . . .. . . . . . . . . . . . . . . ... .. . . . .. .. . . . . . . . . .. . . . .. . . . . . . . . .. .. . . 27 8 . 10 Undisclosed Hazardous Environmental Condition ... .. . . .. . .. ... . . . ... . .. ... .. . . ... .. ... . . . .. ... . . .. . . .. . .. ... ... ... .. . .. . . . . . . .. ... . . . . . . . . . . . . . 27 8. 11 Evidence of Financial Arrangements . .. .. .. . ... .. ... ... .. . .. ... ... . .. . . . . . . . .. . . . .. ... . . ... . .. . .. .. .. . . . . .. . ... .. . . .. . . ... . . . ... .. .. . .. ... . . . . . . . .. . 27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION . . . . . . . . . .. . . . .... . . . .. . . . . . ... . . . . . .. . . . . . . . .. . . .. .. . .. . . . . . .. .. .. ... . .. .. ._ .. . . .. . 27 9.01 Owner 's Representative . ... ... ... ... . . . . .. . ... ... . .. .. .. . . . . .. .. . ... .. .... . . . ... .. . ... . . . . .. . . . . .. . . . .. .. . . .. . . . .. . . . .. . .. . .. . . . . .. . . . . .. . . . . .. . . ... .. . .. . . . . . . . 27 9.02 Visits to Site . . ... ... ... .. . . . . .. ... .. .... ... ... .... . . . . . . . . . . .. . . .. . . . ... ... . .. ... . .. ... ... ... . .. .... ... ... . . ... .. ... ... .. ... .. . ... .. . . . . . . . . . . . .. ..... . . .. . .. . .. . . . . . . . 27 9.03 Project Representative . .. . . . .. . .. . .. . . .. ... . . . . . . . . .. ... . . ... . . ... .. . ... .. . . . . . . . . .. . . . . .. .. .. . .. ... . . ... .. ... . .. .. . . . . . . . . . . . . .. . . . . . . . . . . ..... . . ... .. ... . . . .. . . 27 9.04 Authorized Variations in Work ... .. ... .. ... ... .. ... . . ... .. . . .. . . .. . . .. . . . .. .. .. . . . . . . . . ... . . .. . .. . . . .. . .. . . . . .. ... . . . ... . . .. . . . .. ... . . . . . ... .. .. . . . . . . . . . . . . 27 9.05 Rejecting Defective Work.. . ... . .. ... .. .. . .. ... ... .. ... . . . . . .. . ... . . ... . ... ... .. . ... ... . . . . . . . . .. .. . .. . . .. . . .. .. ... ... . .. . . . . . . .... .. . . . ... .. ... . . .. . . . .. . . . . . .. 27 9.06 Shop Drawings, Change Orders and Payments. . . . .. . . . . ... . . . ... .. . ... .. . ... . . . . ... ... . . .. . . . ... .. ... . .. . .. . .. . .. .. .. .. . ... .. . . ... ... . . . . .. . . . ... . 28 9.07 Determinations for Unit Price Work. . ... . .. ..... . .. ... . . . . . . .. ... .. . . . . . . . .. . . .. ... .. .. ... . .. . . . .. . . .. . .. . .. . . .. . .. ... . .. ... ... ... . .. . . . . ... . . .. . . . .. ... . 28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work . .. . .. . .. . . .. .. . ... . . . ... .. . ... .. . . . .. . . ... . . .. .. . . 28 9.09 Limitations on Engineer 's Authority and Responsibilitie.s . ... .. . . .. .. . . .. .. ... .. . . ... . . . .. ... . . .. . .. . .. . . . . ... . .. . . . . . . ... . . . . . . . ... .. . .... .. . 28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ... .. ... .. . . . . .. . .. . . . . . . . . .. .. . . . . ... . ... ... .. ... . . ... ... . . ... . .. .. . . . .. .. . ... . .. ... .. . . . . . . .. .. .. .. . . . .. . 28 10.01 Authorized Changes in the Work ... .. ... ... .. . .. . . . ... . . . .. ... . . . . .. .. . ... . . . ... ... ... .. . . ... .. ... ... .. . .. . . . . . . . . ... . . . . ... . . . ... . .. ... .. . . ... . . . . . .. . . .. . 28 10.02 Unauthorized Changes in the Work . . .. ... ... . . . .. ... ... . . . . . . .. .. . . .. ... . . . ... . . . ..... .. ... .. . . . ... . . . .. . . . ... .. . ... .. . ... . . . . . . . . . ..... . . . .. . . ... . . . . .. . 29 10.03 Execution of Change Orders.. ... .. ... ... .. .. . .. . . . . .. ... ... . . . . . ... .... . . . ... . . . .. . . . . .... . . . . . . .. . . . . . . . . .. . .. ... ... ... .. . ... . . . . ... . . .. .. . . . . .. .. ... .. . . . .. 29 10.04 Notification to Surety . ... ... . .. ... ... .. . . . . .. .. ... . . . ... .. . . . ... .. . ... .. . ... . . . ... . . . ... . . . .... . . . ... . . ... . . ... ... .. . . . . . . . . .. . . .. .. . .. ... . . . ..... .. .. . . . .. .. . .. . . 29 10.05 Claims . . . . .... .. ... ... . .. .. . .. ... ... ... ... ... ... ... .. . . .. .. . . ... ... . . . .. ... ... . .. ... ... ... . .. ... . .. .... ... ... . . ... .. . .. ... . . . . . . . . . ... . . . . . . . .. . .. . . . .. ... . . . .. . . . . . .. .. . . 29 ARTICLE 11 - COST OF THE WORK; ALLOWANCES ; UNIT PRICE WORK .. ... . . ... .. . .. ... ... . . . . .. . .. ... . .. . . . . . . ... . . . .. .. . . . . . .. . . . . . .. 30 11 .01 Cost of the Work ... ... . .. .. . . . .... . . .... .. ... .. ... ... . .. . .. . . ... .. . . . . . . ... . .. . . . . .. . . . . . . . .. . . . .. . .. . . . .... ... ... .. ... . . . . ... . . . .. . . .. ... ... . . . . . .. ... . . . . . . . .. . ... 30 11 .02 Allowances . .. ... ... ... ... ... . .. .. .... . . .. . . .. ... .. ... . . . ... ... . . ... .. . .. . . . . . . . ... ... ... . . . . .. ... .. . . ... ... .. ... .. ... .. .. . . . .. . .. ... . .. ... ... .. . . .. .. .. ... . .. .. . . .. ... . 31 11 .03 Unit Price Work . ... ... ... . . . .. .... .. . .. . . . . .. . . .. . . . . . .. ... . .. .. . . . ... .. . .. . ... ... .. . . .. ... . .. . . . . ... ... .. ... . . .. . . . . ... ... .. . .. . . .. . .. . . . . . . . . . .. . . . . .. .. . . .. . . . . . . 31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ... . . ... . .. . ... .. . . .. ... . . . .. . . . . .. . . . ... .. . . ... .. .. . 32 12.01 Change of Contract Price .... ... ... ... . ... .. .. ... . . .. . . .. .... . ... ... ... . . . ... . . . .. . .. . ... . . . . .. . . .. ... .. . . . .. . . . . .. ... .. . . ... .. . .. . ... . . . ... .. . . ... . . . . . . . . . .. . 32 12.02 Change of Contract Times ... ... .. . ... ..... ... ... . . . .. . .. ... . . .. . . . . . . . . . . . . .. .. .. .. .. . .. . . . . . .. . .. ... . . . .. .. . . . . . . . .. . ... . . . .. . . . . . . . . . . .. .. . ... .. .. . . . . . . . ... 33 12.03 Delays ... . . . .. . . . .. . .. .. .. . . .. . ... . .. ... ... ... . .. ... .. ... ... . . . ... .. ... . . . .... . . . .. . . . .. . .. . . . . .. . ... . . .. ... .. ... ... .. . .. . . . . .. .. . ... .. . .. . . . .. . .. .. . . .. . . .. .. . . . . . .. . . . . . 33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ... .. .. 33 13 .01 Notice of Defects . ... ... . . .. . . .. .. . . . .. .. . .. .. . . . . .. . . . ... ... . . .. . . .. ... . . . ... . .. ... . . . . .. . . . ... .. . . . .. . . . . . . . . . .. . . . .. .. . . . . . . . . . . . .. .. . . . .. . .. .. ... . . . .. . . . . ... .. . . 33 13 .02 Access to Work. . .. ... ... .. . . .. . . . .. . ... ... . . . .. . . . . . . .. . .. .. . ... . .. . . . . . . .. .. . . . . . .. . . . . . . . . . ... .. . . . . . . . . . . . . . ... ... . . . .. . . . . .. . . . . .. .. . .. ... . . .. .. . . . . .. . . .. ... .. .. 33 13 .03 Tests and Inspections ... ... . . . ... ... ... . . . .. . .. ... .. . .. . . . ... ... . . . .. . .. .. .. . . . . . . . . . . . . . . . . . . . . . . . .. . . ... .. . .. .. . . .. ... ... ... . .. . ... ... ... . . .. . . . .. . .. . . .. .. . . . . . 33 13 .04 Uncovering Work . . . . .. ... ... .. . ... ... ... ... .. ... ... . . . . .. . . .. . ... ... ... . . . ... . .. ... . .. ... . . . ... . ... ... . . . . . .. . . . . . . ... . . . . .. . . .. .. . . .. ... .. . . .. . . .. . .. . . . . .. . . . . . . . 34 13.05 Owner May Stop the Work . ... ... ... ... .. . .. ... . . . ... .. . . . ... ... ... . .. ... ... ... ... ... . .. ..... .. .. . . .. . . . . . ... . . ... . . .. ... ... . .. ... . . . . . . ... .. .. . .. . . . .. . . . . . . .. 34 13 .06 Correction or Removal of Defective Work . .. . . . . . . . . . .. ... ... .. . . . . . . . . . . . .. . .. .. .. . . . .. . . .. . . . . . . . . . . . . . . . .. ... . . . ... . .. . . .. . . . . . . . . . . . . . .. .. . . .. ... . 34 13 .07 Correction Period.. . . . . . . . . . .. . . .. ... .. . ... .. . .. .. .. . . ... .. . . . . . . . . . . . . ... . . . . .. ... . . . . . . . .. . .. . . . . . . . . .. . . . . . ... .. . ... .. . .. . . . . .... .. . ... . . . . .. . . . . ... .. . . . . . . . .. . 34 13 .08 Acceptance of Defective Work . . . . ... . .. .. . ... . . . .. . . . ... . . . . . . . . .. . ... . . . . . .. . . . . . . . . . . . . . . .. . . . .. . .. . . .. . .. . ... . . . .. . . . . . ... . . . .. . . . . ... .. . . ... . . . . . .. . . .. . 35 13 .09 Owner May Correct Defective Work. .. . ... ... ... . . ... .. . . .. . . .. . . ... . .. ... . . . ... . .. . . . . . .. ... .. . .. . . . . . . . . . . . . . . . . . . ... ... . . . . . .. . . .. . . . . .. . . .. ... . . . . . . . 35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . . . . . . . . . . .. . . ... .. . . . .. . . . . .. .. . . . .. . . . . . . .. ... ... . . . . . .. .. . . ... .. .. .. . 36 14.01 Schedule of Values . . . .. . . . .. . . . . . .. .. . . . . . .. .. .. . . . . . .. ... . . . . . . . . .. . .. . . .. . . . ... . . . .. . . .. .. . .. . . . .. . . . ... . . . . . .. . . . . ... .. . . . . . . . . . .. . . . .. . . .. ... .. . . . . . . . . . .. . . .. . 36 14.02 Progress Payments. . . .. ... .. . ... . . . ... . .. ..... .. . . . .. . . .. . ... ... . . . . .. .. .. . . ... ... .. . . . . .. . . . . . . .. ... . . . . . ... . . . . . ... . . . . . . . . .. . . . . . .. . . . .. . .. . . . . . . . . . . . . .. . . . .. .. 36 14. 03 Contractor 's Warranty of Title .. . . . . ... . . .. . . . .. . ... .. ... ... ... . . . ... .. . .. . . . . . .. .. . ... .. . . . . . . . . . . . . . ... ... . .. ... . .. - . . . . . .. . ... . . . ... . . . . . . . . . . . . . . . . . . . . 37 14.04 Substantial Completion . . .. .... . .. ... . .. .... . ... . .. . .. . . . . . . . .. . . . . . ... ... . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . .. . . . . . . .. ... . .. . .. . ... .. . .. . .. . . . ... . .. . . .. .. .. 37 EJCDC C-700 Standard General Conditions of the construe tion Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 4 14.05 Partial Utilization .. . . .. . . . .. . ... . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . ... 38 . .. . . . . . . .. . . . . . . ... . ... . . . .. . .. . . .. . .. .. ... . . . . . . . .. . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. .. . 14.06 Final Inspection . . . . . . . . . . . . . . . .. . . . . . .. . . . . .. . . . . .. .. . . . . .. . . . _ . . . ... .. . . .. . . . ... . . . . . . . . . 38 . .. . . . ... . . . . .. . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . .. . . . . . .. . . . .. . . . . . .. . .... .. . . . . . . . .. .. . 14.07 Final Payment. . . . . .. . .. ... . .. . . . .. .. . . . . . . . . .. . . .. . . . . . ... . . . .. . . . . . . . . . . . .... .. . .. . .. .. . . .. . .. ... ... . .. . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . .. . .. . . . . .. . . . . .. . . . . .. . . 38 14.08 Final Completion Delayed.. . . .. .. . . . ... . . . . . . . . . . . . . . . ... ... .. . . . . . . ... . . . . . . . . . .. . . . . . . . ... . . . . . . . ... .. .. . . . . . . . . .. . . .. .. . ... . . . . .. .. . .. ... . . . . .. . . ... .. . . .. . 39 14.09 Waiver of Claims .. . .. . . .. . . . ... . .. ... . . . .. .. . . .. . .. . . . . . . .. . ... . . .. . ... .. . .. . . . . .. . .. . ... . . . .. .. . ... ... .. .. . . . . . ... . . . . . . . .. . . .. . . . . . . . .. . .. . . . . . . . . ... . . . . .. .. . . . . 39 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION .. . .. . . . . .. . . . . . .. . . . .. . . .. . . . . .. . 39 . . .. . . . . . . . . .. . . . . .. . . . .. .. . . . . .. . . . . . . . . . . . . .. . . . . . . . . 15 .01 Owner May Suspend Work.. ... .. .. . .... . . . ... ... . . . . . . : . _ . .. ... .. . . . . . . . . . . . 39 . ... .. . . .. .. . . . .. .. . . . . . . . . . . . .. .. . . . . . . . .. . . . . . . . . .. .. . . . . .. . . .. .. ... . . . . . . . . .. . 15 .02 Owner May Terminate for Cause. . .. . . .. . . . . . . .. .. . .. . . . . . . . . .. . 39 .... .. . . . . . . . . . . .. . .... . . .. ... . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. .. . . . . . . .. . . . .. . . . . . 15 .03 Owner May Terminate For Convenience. . . . . .. ... . . . .. . . 40 . . . . . .. .. . ... ... ... . . . . . . ... . . . . . . . . . . .. ... . . . .. . . ... . .. . . . ... . . . . .. ... .... . .. . . . . .. .. . 15.04 Contractor May Stop Work or Terminate . ... .. . .. ... . . . .. . .. .. .. . . . . . . . . . . .. ... .. . . . .. . . . q0 . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . .. .. . ... . ARTICLE 16 - DISPUTE RESOLUTION . ... . ... . . . . . . .. . . . . .. . . . . . .. . . .. . . . . . . .. . ... . . . .. . ... . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . ... . . . . . ... . . . . . . . . . .. . . . . . . 41 16.01 Methods and Procedures . .. . .. ... ... . . . . . . . . . . . .. .. . .. . . . .. .. . . . . . . ... .. .. .. . . . . .. . ... ..... . . . ... . . ... . .. . . . . . . . . . .. . . . . .. . . . . . .. . . . . . . . . . . . . . . .. .. . . . . . . . . . . .. ARTICLE 17 - MISCELLANEOUS . .. .. ... . .. ... ... . . . . . .. . .. . . . .. ... . . ... ... . . . . . . . .. ... . . . . .. .. . . . ... . . . . . .. . . . . . . . 41 . . . .. .. . .. . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . .. . .. . . . . . . .. . 17.01 Giving Notice . . .. . . . . .. . .. ... . . . ... .. . .. . .. . . . . . . .. . . . .. . .. .. . .. ... . . . . . . .. . .. . .. ... . . . . . . . ... ..... . . . ... . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . .. . . . . .. . . . . . . . . 41 17. 02 Computation of Times . ... . . . ... . . . .. . . . ... . . .. .. . . . . .. . . . . .. . . . . . . . . . .. . ... . . . . 41 17.03 Cumulative Remedies . . . . . . . . ... . .. . .. . .. .. .. . . . ... . . .. . .. . . . . . . . . . . . ... .. . . . . . . . . . . . . .. . .. .. . .. . . .. . . . ... .. . .. . .. . .. . . . . ... . . . . . .. . . . . . . . . . . . . 41 17.04 Survival ofObligations .. . ... ... ... ... . . .. . . . . .. . . . .. .. . . . ... . . ... ... . . . .. . . .. ... . . . . . .. ... .. . . . ... .. .. . . . . . . . . . . . ... .. . . . 41 .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 17.05 Controlling Law . . . . . . . .. . . . ... ... .. ... . . . .. . .. . . . .. ... .. . .. . . . . . . . . .. . . . ... . ... .. . . . . . . . ... .. . .. 17.06 Headings . . .. . . . .. . . . .. . .. ... ... .. . ... ... ... .. . . . . . ... .. . .. ... . . . .. ... . . ... .. . . .. . . . ... ... ... . .. . .. .. . ... ... . . .. . . . . . . 41 . . . . ... . . . . . .. . .. . . .. .. . .. . . . . . .. . . . . . . . .. . . . . .. .. . EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 5 GENERAL CONDITIONS 9 . Change Order--A document recommended by Engineer which is signed by Contractor and Owner and ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 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 1 .01 Defined Terms Agreement. A. Wherever used in the Bidding Requirements or 10. Claim--A demand or assertion by Owner or Contract Documents and printed with initial capital Contractor seeking an adjustment of Contract Price or letters, the terms listed below will have the meanings Contract Times, or both, or other relief with respect to the indicated which are applicable to both the singular and terms of the Contract. A demand for money or services by plural thereof. In addition to terms specifically defined, a third party is not a Claim . terms with initial capital letters in the Contract Documents include references to identified articles and 11 . Contract--The entire and integrated written paragraphs, and the titles of other documents or forms. agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, 1 . Addenda--Written or graphic instruments issued representations, or agreements, whether written or oral . prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed 12. Contract Documents-- Those items so designated Contract Documents. in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. 2. Agreement--The written instrument which is Approved Shop Drawings, other Contractor's submittals, evidence of the agreement between Owner and Contractor and the reports and drawings of subsurface and physical covering the Work . conditions are not Contract Documents. 3. Application far Payment--The form acceptable to 13. Contract Price--The moneys payable by Owner Engineer which is to be used by Contractor during the to Contractor for completion of the Work in accordance course of the Work in requesting progress or final with the Contract Documents as stated in the Agreement payments and which is to be accompanied by such (subject to the provisions of Paragraph 11 .03 in the case supporting documentation as is required by the Contract of Unit Price Work). Documents. 14. Contract Times--The number of days or the dates 4. Asbestos--Any material that contains more than stated in the Agreement to: (i) achieve Milestones, if any, one percent asbestos and is friable or is releasing asbestos (ii) achieve Substantial Completion; and (iii) complete the fibers into the air above current action levels established Work so that it is ready for final payment as evidenced by by the United States Occupational Safety and Health Engineer' s written recommendation of final payment. Administration . 15 . Contractor--The individual or entity with whom 5 . Bid--The offer or proposal of a Bidder submitted Owner has entered into the Agreement. on the prescribed form setting forth the prices for the Work to be performed. 16. Cost of the Work--See Paragraph 11 .0 LA for definition . 6. Bidder--The individual or entity who submits a Bid directly to Owner. 17. Drawings--That part of the Contract Documents prepared or approved by Engineer which graphically 7 . Bidding Documents--The Bidding Requirements shows the scope, extent, and character of the Work to be and the proposed Contract Documents (including all performed by Contractor. Shop Drawings and other Addenda). Contractor submittals are not Drawings as so defined. 8. Bidding Requirements--The Advertisement or 18. Effective Date of the Agreement--The date Invitation to Bid, Instructions to Bidders, bid security of indicated in the Agreement on which it becomes effective, acceptable form, if any, and the Bid Form with any but if no such date is indicated, it means the date on supplements. 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 EJC DC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 6 not involve a change in the Contract Price or the Contract duration of the activities comprising the Contractor's plan Times. to accomplish the Work within the Contract Times. 21 . General Requirements--Sections of Division 1 of 33 . Project--The total construction of which the the Specifications. The General Requirements pertain to Work to be performed under the Contract Documents may all sections of the Specifications. be the whole, or a part. 22. Hazardous Environmental Condition--The 34. Project Manual--The bound documentary presence at the Site of Asbestos, PCBs, Petroleum, information prepared for bidding and constructing the Hazardous Waste, or Radioactive Material in such Work . A listing of the contents of the Project Manual, quantities or circumstances that may present a substantial which may be bound in one or more volumes, is danger to persons or property exposed thereto in contained in the tablets) of contents. connection with the Work. 35 . Radioactive Material--Source, special nuclear, or 23. Hazardous Waste--The term Hazardous Waste byproduct material as defined by the Atomic Energy Act shall have the meaning provided in Section 1004 of the of 1954 (42 USC Section 2011 et seq.) as amended from Solid Waste Disposal Act (42 USC Section 6903) as time to time. amended from time to time. 36. Related Entity -- An officer, director, partner, 24. Laws and Regulations, Laws or Regulations-- employee, agent, consultant, or subcontractor. Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, 37 . Resident Project Representative--The authorized agencies, authorities, and courts having jurisdiction. representative of Engineer who may be assigned to the Site orally part thereof. 25 . Liens--Charges, security interests, or encumbrances upon Project funds, real property, or 38. Samples--Physical examples of materials, personal property. equipment, or workmanship that are representative of some portion of the Work and which establish the 26. Milestone--A principal event specified in the standards by which such portion of the Work will be Contract Documents relating to an intermediate comple- judged. tion date or time prior to Substantial Completion of all the Work. 39. Schedule of Submittals--A schedule, prepared and maintained by Contractor, of required submittals and 27 . Notice of Award—The written notice by Owner the time requirements to support scheduled performance to the Successful Bidder stating that upon timely of related construction activities. compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the 40. Schedule of Values--A schedule, prepared and Agreement. maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used 28. Notice to Proceed--A written notice given by as the basis for reviewing Contractor' s Applications for Owner to Contractor fixing the date on which the Con- Payment. tract Times will commence to run and on which Contractor shall start to perform the Work under the 41 . Shop Drawings--All drawings, diagrams, Contract Documents. illustrations, schedules, and other data or information which are specifically prepared or assembled by or for 29. Owner--The individual or entity with whom Contractor and submitted by Contractor to illustrate some Contractor has entered into the Agreement and for whom portion of the Work. the Work is to be performed . 42 . Site--Lands or areas indicated in the Contract 30. PCBs--Polychlorinated biphenyls. Documents as being famished by Owner upon which the Work is to be performed, including rights-of-way and 31 . Petroleum--Petroleum, including crude oil or any easements for access thereto, and such other lands fraction thereof which is liquid at standard conditions of furnished by Owner which are designated for the use of temperature and pressure (60 degrees Fahrenheit and 14.7 Contractor. 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright B 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 7 43 . Specifications--That part of the Contract Engineer ordering an addition, deletion, or revision in the Documents consisting of written requirements for Work, or responding to differing or unforeseen subsurface materials, equipment, systems, standards and or physical conditions under which the Work is to be workmanship as applied to the Work, and certain performed or to emergencies . A Work Change Directive administrative requirements . and procedural matters will not change the Contract Price or the Contract Times applicable thereto. 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 44. Subcontractor--An individual or entity having a following negotiations by the parties as to its effect, if direct contract with Contractor or with any other any, on the Contract Price or Contract Times. Subcontractor for the performance of a part of the Work at the Site. 1 .02 Terminology 45 . Substantial Completion--The time at which the A. The following words or terms are not defined but, Work (or a specified part thereof) has progressed to the when used in the Bidding Requirements or Contract point where, in the opinion of Engineer, the Work (or a Documents, have the following meaning. specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the B. Intent of Certain Terms or Adjectives Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially 1 . The Contract Documents include the terms "as complete" and "substantially completed" as applied to all allowed;. "as approved," "as ordered", "as directed" or part of the Work refer to Substantial Completion or terms of like effect or import to authorize an thereoff exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," 46. Successful Bidder--The Bidder submitting a "acceptable;' "proper," "satisfactory," or adjectives responsive Bid to whom Owner makes an award. of like effect or import are used to describe an action or determination of Engineer as to the Work. It is 47. Supplementary Conditions--That part of the intended that such exercise of professional judgment, Contract Documents which amends or supplements these action or determination will be solely to evaluate, in General Conditions. general , the Work for compliance with the require- ments of and information in the Contract Documents 48. Supplier--A manufacturer, fabricator, supplier, and conformance with the design concept of the com- distributor, materialman, or vendor having a direct pleted Project as a functioning whole as shown or contract with Contractor or with any Subcontractor to indicated in the Contract Documents (unless there is furnish materials or equipment to be incorporated in the a specific statement indicating otherwise). The use of Work by Contractor or any Subcontractor. any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or 49. Underground Facilities--All underground authority to supervise or direct the performance of pipelines, conduits, ducts, cables, wires, manholes, vaults, the Work or any duty or authority to undertake tanks, tunnels, or other such facilities or attachments, and responsibility contrary to the provisions of Paragraph any encasements containing such facilities, including 9.09 or any other provision of the Contract those that convey electricity, gases, steam, liquid Documents. petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other C. Day liquids or chemicals, or traffic or other control systems. 1 . The word "day" means a calendar day of 24 50. Unit Price Work--Work to be paid for on the hours measured from midnight to the next basis of unit prices. midnight. 51 . Work--The entire construction or the various D. Defective separately identifiable parts thereof required to be provided under the Contract Documents. Work includes 1 . The word "defective," when modifying the word and is the result of performing or providing all labor, "Work," refers to Work that is unsatisfactory, services, and documentation necessary to produce such faulty, or deficient in that it: construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as a. does not conform to the Contract Documents, required by the Contract Documents. or 52. Work Change Directive--A written statement to b. does not meet the requirements of any Contractor issued on or after the Effective Date of the applicable inspection, reference standard, test, or Agreement and signed by Owner and recommended by EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright D 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 8 approval referred to in the Contract Documents, Contractor and Owner respectively are required to or purchase and maintain in accordance with Article 5 . c. has been damaged prior to Engineer' s - 2 .02 Copies of Documents recommendation of final payment (unless responsibility for the protection thereof has been A . Owner shall furnish to Contractor up to ten printed or assumed by Owner at Substantial Completion in hard copies of the Drawings and Project Manual . accordance with Paragraph 14.04 or 14.05). Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed E. Furnish, Install, Perform, Provide A. The Contract Times will commence to run on the I . The word "furnish ," when used in connection thirtieth day after the Effective Date of the Agreement or, with services, materials, or equipment, shall mean to if a Notice to Proceed is given, on the day indicated in the supply and deliver said services, materials, or Notice to Proceed. A Notice to Proceed may be given at equipment to the Site (or some other specified any time within 30 days after the Effective Date of the location) ready for use or installation and in usable or Agreement. In no event will the Contract Times com- operable condition . mence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of 2. The word "install," when used in connection the Agreement, whichever date is earlier. with services, materials, or equipment, shall mean to put into use or place in final position said services, 2.04 Starting the Work materials, or equipment complete and ready for intended use. A . Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work 3. The words "perform" or "provide," when used in shall be done at the Site prior to the date on which the connection with services, materials, or equipment, Contract Times commence to run. shall mean to furnish and install said services, materials, or equipment complete and ready for 2 .05 Before Starting Construction intended use. A . Preliminary Schedules: Within 10 days after the 4. When "furnish;' "install," "perform," or "pro- Effective Date of the Agreement (unless otherwise speci- vide" is not used in connection with services, fied in the General Requirements), Contractor shall materials, or equipment in a context clearly requiring submit to Engineer for timely review: an obligation of Contractor, "provide" is implied. 1 . a preliminary Progress Schedule; indicating the F. Unless stated otherwise in the Contract Documents, times (numbers of days or dates) for starting and words or phrases which have a well-known technical or completing the various stages of the Work, including construction industry or trade meaning are used in the any Milestones specified in the Contract Documents; Contract Documents in accordance with such recognized meaning. 2 . a preliminary Schedule of Submittals; and 3 . a preliminary Schedule of Values for all of the ARTICLE 2 - PRELIMINARY MATTERS Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in 2.01 Delivery of Bonds and Evidence of Insurance sufficient detail to serve as the basis for progress payments during performance of the Work . Such A. When Contractor delivers the executed counterparts of prices will include an appropriate amount of the Agreement to Owner, Contractor shall also deliver to overhead and profit applicable to each item of Work. Owner such bonds as Contractor may be required to furnish . 2.06 Preconstruction Conference B. Evidence of Insurance: Before any Work at the Site is A. Before any Work at the Site is started, a conference started, Contractor and Owner shall each deliver to the attended by Owner, Contractor, Engineer, and others as other, with copies to each additional insured identified in appropriate will be held to establish a working the Supplementary Conditions, certificates of insurance understanding among the parties as to the Work and to (and other evidence of insurance which either of them or discuss the schedules referred to in Paragraph 2.05.A, any additional insured may reasonably request) which procedures for handling Shop Drawings and other EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 9 submittals, processing Applications for Payment, and maintaining required records. 3 .02 Reference Standards 2 .07 Initial Acceptance of Schedules A . Standards, Specifications, Codes, Laws, and Regulations A. At least 10 days before submission of the first Application for Payment a conference attended by I . Reference to standards, specifications, manuals, Contractor, Engineer, and others as appropriate will be or codes of any technical society, organization, or held to review for acceptability to Engineer as provided association, or to Laws or Regulations, whether such below the schedules submitted in accordance with reference be specific or by implication, shall mean Paragraph 2.05 .A. Contractor shall have an additional 10 the standard, specification, manual , code, or Laws or days to make corrections and adjustments and to complete Regulations in effect at the time of opening of Bids and resubmit the schedules. No progress payment shall be (or on the Effective Date of the Agreement if there made to Contractor until acceptable schedules are were no Bids), except as may be otherwise submitted to Engineer. specifically stated in the Contract Documents. I . The Progress Schedule will be acceptable to 2 . No provision of any such standard, specification, Engineer if it provides an orderly progression of the manual or code, or any instruction of a Supplier shall Work to completion within the Contract Times. Such be effective to change the duties or responsibilities of acceptance will not impose on Engineer responsibil - Owner, Contractor, or Engineer, or any of their ity for the Progress Schedule, for sequencing, subcontractors, consultants, agents, or employees scheduling, or progress of the Work nor interfere from those set forth in the Contract Documents. No with or relieve Contractor from Contractor's full such provision or instruction shall be effective to responsibility therefor. assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct 2. Contractor's Schedule of Submittals will be the performance of the Work or any duty or authority acceptable to Engineer if it provides a workable to undertake responsibility inconsistent with the arrangement for reviewing and processing the provisions of the Contract Documents. required submittals. 3 .03 Reporting and Resolving Discrepancies 3. Contractor's Schedule of Values will be accept- able to Engineer as to form and substance if it A. Reporting Discrepancies provides a reasonable allocation of the Contract Price to component parts of the Work. 1 . Contractor 's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, compare the Contract Documents and check and AMENDING , REUSE verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, 3.01 Intent or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification A. The Contract Documents are complementary; what is from Engineer before proceeding with any Work required by one is as binding as if required by all . affected thereby. B. It is the intent of the Contract Documents to describe a 2. Contractor ',s Review of Contract Documents functionally complete Project (or part thereof) to be During Performance of Work: If, during the constructed in accordance with the Contract Documents. performance of the Work, Contractor discovers any Any labor, documentation, services, materials, or equip- conflict, error, ambiguity, or discrepancy within the ment that may reasonably be inferred from the Contract Contract Documents or between the Contract Docu- Documents or from prevailing custom or trade usage as ments and any provision of any Law or Regulation being required to produce the intended result will be applicable to the performance of the Work or of any provided whether or not specifically called for at no standard, specification, manual or code, or of any additional cost to Owner. instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not C. Clarifications and interpretations of the Contract proceed with the Work affected thereby (except in an Documents shall be issued by Engineer as provided in emergency as required by Paragraph 6. 16.A) until an Article 9. amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3 .04. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 10 3 . Contractor shall not be liable to Owner or 2 . reuse any of such Drawings, Specifications, Engineer for failure to report any conflict, error, other documents, or copies thereof on extensions of ambiguity, or discrepancy in the Contract Documents the Project or any other project without written unless Contractor knew or reasonably should have consent of Owner and Engineer and specific written known thereof. verification or adaption by Engineer. B. Resolving Discrepancies B . The prohibition of this Paragraph 3 .05 will survive final payment, or termination of the Contract. Nothing I . Except as may be otherwise specifically stated in herein shall preclude Contractor from retaining copies of the Contract Documents, the provisions of the the Contract Documents for record purposes. Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepan- 3 .06 Electronic Data cy between the provisions of the Contract Documents and : A . Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may a. the provisions of any standard, specification, be relied upon are limited to the printed copies (also manual, code, or instruction (whether or not known as hard copies). Files in electronic media format of specifically incorporated by reference in the text, data, graphics, or other types are furnished only for Contract Documents); or the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files b. the provisions of any Laws or Regulations will be at the user's sole risk . If there is a discrepancy applicable to the performance of the Work between the electronic files and the hard copies, the hard (unless such an interpretation of the provisions copies govern. of the Contract Documents would result in viola- tion of such Law or Regulation). B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise 3 .04 Amending and Supplementing Contract without authorization of the data's creator, the party Documents receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which A . The Contract Documents may be amended to provide the receiving party shall be deemed to have accepted the for additions, deletions, and revisions in the Work or to data thus transferred. Any errors detected within the 60- modify the terms and conditions thereof by either a day acceptance period will be corrected by the Change Order or a Work Change Directive. transferring party. B. The requirements of the Contract Documents may be C. When transferring documents in electronic media supplemented and minor variations and deviations in the format, the transferring party makes no representations as Work may be authorized, by one or more of the following to long term compatibility, usability, or readability of ways : documents resulting from the use of software application packages, operating systems, or computer hardware I . A Field Order; differing from those used by the data' s creator. 2 . Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph ARTICLE 4 - AVAILABILITY OF LANDS; 6. 17 . D.3); or SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; 3 . Engineer's written interpretation or clarification . REFERENCE POINTS 3 .05 Reuse of Documents A . Contractor and any Subcontractor or Supplier or other 4.01 Availability of Lands individual or entity performing or furnishing all of the A. Owner shall famish the Site. Owner shall notify Work under a direct or indirect contract with Contractor, Contractor of any encumbrances or restrictions not of shall not: general application but specifically related to use of the Site with which Contractor must comply in performing 1 . have or acquire any title to or ownership rights in the Work. Owner will obtain in a timely manner and pay any of the Drawings, Specifications, or other for easements for permanent structures or permanent documents (or copies of any thereof) prepared by or changes in existing facilities. If Contractor and Owner are bearing the seal of Engineer or Engineer' s unable to agree on entitlement to or on the amount or consultants, including electronic media editions; 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright b 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 11 may make a Claim therefor as provided in Paragraph 4.03 Differing Subsurface or Physical Conditions 10.05 . A. Notice.' If Contractor believes that any subsurface or B . Upon reasonable written request, Owner shall furnish physical condition at or contiguous to the Site that is Contractor with a current statement of record legal title uncovered or revealed either: and legal description of the lands upon which the Work is _ to be performed and Owner' s interest therein as necessary 1 . is of such a nature as to establish that any for giving notice of or filing a mechanic's or construction "technical data" on which Contractor is entitled to lien against such lands in accordance with applicable rely as provided in Paragraph 4.02 is materially Laws and Regulations. inaccurate; or C. Contractor shall provide for all additional lands and 2 . is of such a nature as to require a change in the access thereto that may be required for temporary Contract Documents ; or construction facilities or storage of materials and equip- ment 3 . differs materially from that shown or indicated in the Contract Documents; or 4.02 Subsurface and Physical Conditions 4. is of an unusual nature, and differs materially A. Reports and Drawings: The Supplementary Conditions from conditions ordinarily encountered and generally identify : recognized as inherent in work of the character provided for in the Contract Documents; 1 . those reports of explorations and tests of subsurface conditions at or contiguous to the Site that then Contractor shall , promptly after becoming aware Engineer has used in preparing the Contract Docu- thereof and before further disturbing the subsurface or ments; and physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by 2. those drawings of physical conditions in or relat- Paragraph 6. 16.A), notify Owner and Engineer in writing ing to existing surface or subsurface structures at or about such condition. Contractor shall not further disturb contiguous to the Site (except Underground such condition or perform any Work in connection Facilities) that Engineer has used in preparing the therewith (except as aforesaid) until receipt of written Contract Documents. order to do so. B. Limited Reliance by Contractor on Technical Data B. Engineer 's Review: After receipt of written notice as Authorized: Contractor may rely upon the general required by Paragraph 4.03 .A, Engineer will promptly accuracy of the "technical data" contained in such reports review the pertinent condition, determine the necessity of and drawings, but such reports and drawings are not Owner's obtaining additional exploration or tests with Contract Documents. Such "technical data" is identified respect thereto, and advise Owner in writing (with a copy in the Supplementary Conditions. Except for such reliance to Contractor) of Engineer' s findings and conclusions. on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of C. Possible Price and Times Adjustments their Related Entities with respect to: 1 . The Contract Price or the Contract Times, or I . the completeness of such reports and drawings both, will be equitably adjusted to the extent that the for Contractor's purposes, including, but not limited existence of such differing subsurface or physical to, any aspects of the means, methods, techniques, condition causes an increase or decrease in sequences, and procedures of construction to be Contractor's cost of, or time required for, perfor- employed by Contractor, and safety precautions and mance of the Work; subject, however, to the follow- programs incident thereto; or ing: 2. other data, interpretations, opinions, and a. such condition must meet any one or more of information contained in such reports or shown or the categories described in Paragraph 4.03 . A; _ indicated in such drawings; or and 3 . any Contractor interpretation of or conclusion b. with respect to Work that is paid for on a Unit drawn from any "technical data" or any such other Price Basis, any adjustment in Contract Price data, interpretations, opinions, or information. 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: EJ CDC C-700 Standard General Conditions or the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 12 IN a. Contractor knew of the existence of such d. the safety and protection of all such Under- conditions at the time Contractor made a final ground Facilities and repairing any damage commitment to Owner with respect to Contract thereto resulting from the Work. Price and Contract Times by the submission of a Bid or becoming bound under a negotiated B . Not Shown or Indicated contract; or 1 . If an Underground Facility is uncovered or b. the existence of such condition could revealed at or contiguous to the Site which was not reasonably have been discovered or revealed as a shown or indicated, or not shown or indicated with result of any examination, investigation, explo- reasonable accuracy in the Contract Documents, ration , test, or study of the Site and contiguous Contractor shall, promptly after becoming aware areas required by the Bidding Requirements or thereof and before further disturbing conditions Contract Documents to be conducted by or for affected thereby or performing any Work in Contractor prior to Contractor's making such connection therewith (except in an emergency as final commitment; or required by Paragraph 6. 16 . A), identify the owner of such Underground Facility and give written notice to c. Contractor failed to give the written notice as that owner and to Owner and Engineer. Engineer will required by Paragraph 4.03 .A. promptly review the Underground Facility and determine the extent, if any, to which change is 3 . If Owner and Contractor are unable to agree on required in the Contract Documents to reflect and entitlement to or on the amount or extent, if any, of document the consequences of the existence or any adjustment in the Contract Price or Contract location of the Underground Facility. During such Times, or both, a Claim may be made therefor as time, Contractor shall be responsible for the safety provided in Paragraph 10.05 . However, Owner and and protection of such Underground Facility. Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, 2. If Engineer concludes that a change in the or damages (including but not limited to all fees and Contract Documents is required, a Work Change charges of engineers, architects, attorneys, and other Directive or a Change Order will be issued to reflect professionals and all court or arbitration or other and document such consequences. An equitable dispute resolution costs) sustained by Contractor on adjustment shall be made in the Contract Price or or in connection with any other project or anticipated Contract Times, or both, to the extent that they are project. attributable to the existence or location of any Underground Facility that was not shown or indicated 4.04 Underground Facilities or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did A. Shown or Indicated. The information and data shown not know of and could not reasonably have been or indicated in the Contract Documents with respect to expected to be aware of or to have anticipated. If existing Underground Facilities at or contiguous to the Owner and Contractor are unable to agree on Site is based on information and data furnished to Owner entitlement to or on the amount or extent, if any, of or Engineer by the owners of such Underground Facili- any such adjustment in Contract Price or Contract ties, including Owner, or by others. Unless it is otherwise Times, Owner or Contractor may make a Claim expressly provided in the Supplementary Conditions: therefor as provided in Paragraph 10.05 . 1 . Owner and Engineer shall not be responsible for 4.05 Reference Points the accuracy or completeness of any such information or data; and A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer' s 2 . the cost of all of the following will be included judgment are necessary to enable Contractor to proceed in the Contract Price, and Contractor shall have full with the Work. Contractor shall be responsible for laying responsibility for: out the Work , shall protect and preserve the established reference points and property monuments, and shall make a. reviewing and checking all such information no changes or relocations without the prior written and data, approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is b. locating all Underground Facilities shown or lost or destroyed or requires relocation because of indicated in the Contract Documents, necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of c. coordination of the Work with the owners of such reference points or property monuments by such Underground Facilities, including Owner, professionally qualified personnel . during construction , and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 13 4.06 Hazardous Environmental Condition at Site (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or A. Reports and Drawings: Reference is made to the (it) specifying any special conditions under which such Supplementary Conditions for the identification of those Work may be resumed safely. If Owner and Contractor reports and drawings relating to a Hazardous cannot agree as to entitlement to or on the amount or Environmental Condition identified at the Site, if any, that extent, if any, of any adjustment in Contract Price or have been utilized by the Engineer in the preparation of Contract Times, or both, as a result of such Work stop- the Contract Documents. page or such special conditions under which Work is agreed to be resumed by Contractor, either party may B . Limited Reliance by Contractor on Technical Data make a Claim therefor as provided in Paragraph 10.05 , Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports F. If after receipt of such written notice Contractor does and drawings, but such reports and drawings are not not agree to resume such Work based on a reasonable Contract Documents. Such "technical data" is identified belief it is unsafe, or does not agree to resume such Work in the Supplementary Conditions. Except for such reliance under such special conditions, then Owner may order the on such "technical data," Contractor may not rely upon or portion of the Work that is in the area affected by such make any claim against Owner or Engineer, or any of condition to be deleted from the Work . If Owner and their Related Entities with respect to: Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract 1 . the completeness of such reports and drawings Price or Contract Times as a result of deleting such for Contractor' s purposes, including, but not limited portion of the Work, then either party may make a Claim to, any aspects of the means, methods, techniques, therefor as provided in Paragraph 10.05 Owner may have sequences and procedures of construction to be such deleted portion of the Work performed by Owner' s employed by Contractor and safety precautions and own forces or others in accordance with Article 7 . programs incident thereto; or G. To the fullest extent permitted by Laws and 2. other data, interpretations, opinions and Regulations, Owner shall indemnify and hold harmless information contained in such reports or shown or Contractor, Subcontractors, and Engineer, and the indicated in such drawings; or officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them 3 . any Contractor interpretation of or conclusion from and against all claims, costs, losses, and damages drawn from any "technical data' or any such other (including but not limited to all fees and charges of data, interpretations, opinions or information. engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution C. Contractor shall not be responsible for any Hazardous costs) arising out of or relating to a Hazardous Environmental Condition uncovered or revealed at the Environmental Condition, provided that such Hazardous Site which was not shown or indicated in Drawings or Environmental Condition: (i) was not shown or indicated Specifications or identified in the Contract Documents to in the Drawings or Specifications or identified in the be within the scope of the Work. Contractor shall be Contract Documents to be included within the scope of responsible for a Hazardous Environmental Condition the Work, and (it) was not created by Contractor or by created with any materials brought to the Site by anyone for whom Contractor is responsible. Nothing in Contractor, Subcontractors, Suppliers, or anyone else for this Paragraph 4.06G shall obligate Owner to indemnify whom Contractor is responsible. any individual or entity from and against the conse- quences of that individual 's or entity's own negligence. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor H. To the fullest extent permitted by Laws and is responsible creates a Hazardous Environmental Regulations, Contractor shall indemnify and hold Condition , Contractor shall immediately: (i) secure or harmless Owner and Engineer, and the officers, directors, otherwise isolate such condition ; (ii) stop all Work in partners, employees, agents, consultants, and connection with such condition and in any area affected subcontractors of each and any of them from and against thereby (except in an emergency as required by Paragraph all claims, costs, losses, and damages ( including but not 6. 16.A); and (iii) notify Owner and Engineer (and limited to all fees and charges of engineers, architects, promptly thereafter confirm such notice in writing). attorneys, and other professionals and all court or Owner shall promptly consult with Engineer concerning arbitration or other dispute resolution costs) arising out of the necessity for Owner to retain a qualified expert to or relating to a Hazardous Environmental Condition evaluate such condition or take corrective action, if any . created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06 .H shall E. Contractor shall not be required to resume Work in obligate Contractor to indemnify any individual or entity connection with such condition or in any affected area from and against the consequences of that individual 's or until after Owner has obtained any required permits entity' s own negligence. related thereto and delivered to Contractor written notice: EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 14 I. The provisions of Paragraphs 4.02, 4.03 , and 4.04 do of insurance requested by Owner or any other additional not apply to a Hazardous Environmental Condition insured) which Contractor is required to purchase and uncovered or revealed at the Site. maintain. B . Owner shall deliver to Contractor, with copies to each ARTICLE 5 - BONDS AND INSURANCE additional insured identified in the Supplementary Condi - tions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional 5 .01 Performance, Payment, and Other Bonds insured) which Owner is required to purchase and maintain. A. Contractor shall famish performance and payment bonds, each in an amount at least equal to the Contract 5 .04 Comractor '.s Liability Insurance Price as security for the faithful performance and payment of all of Contractor' s obligations under the Contract A . Contractor shall purchase and maintain such liability Documents. These bonds shall remain in effect until one and other insurance as is appropriate for the Work being year after the date when final payment becomes due or performed and as will provide protection from claims set until completion of the correction period specified in forth below which may arise out of or result from Paragraph 13 .07, whichever is later, except as provided Contractor's performance of the Work and Contractor' s otherwise by Laws or Regulations or by the Contract other obligations under the Contract Documents, whether Documents. Contractor shall also furnish such other it is to be performed by Contractor, any Subcontractor or bonds as are required by the Contract Documents. Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for B. All bonds shall be in the form prescribed by the whose acts any of them may be liable: Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such 1 . claims under workers' compensation, disability sureties as are named in the current list of "Companies benefits, and other similar employee benefit acts; Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- 2. claims for damages because of bodily injury, nies" as published in Circular 570 (amended) by the occupational sickness or disease, or death of Financial Management Service, Surety Bond Branch, U.S. Contractor' s employees; Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's 3 . claims for damages because of bodily injury, authority to act. sickness or disease, or death of any person other than Contractor's employees; C . If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do 4. claims for damages insured by reasonably business is terminated in any state where any part of the available personal injury liability coverage which are Project is located or it ceases to meet the requirements of sustained: Paragraph 5 .01 . 6, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the a. by any person as a result of an offense event giving rise to such notification, provide another directly or indirectly related to the employment bond and surety, both of which shall comply with the of such person by Contractor, or requirements of Paragraphs 5 .01 .6 and 5 .02. b. by any other person for any other reason ; 5 .02 Licensed Sureties and Insurers 5 . claims for damages, other than to the Work A . All bonds and insurance required by the Contract itself, because of injury to or destruction of tangible Documents to be purchased and maintained by Owner or property wherever located, including loss of use Contractor shall be obtained from surety or insurance resulting therefrom; and companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds 6. claims for damages because of bodily injury or or insurance policies for the limits and coverages so death of any person or property damage arising out of required. Such surety and insurance companies shall also the ownership, maintenance or use of any motor meet such additional requirements and qualifications as vehicle. may be provided in the Supplementary Conditions. B . The policies of insurance required by this Paragraph 5 .03 Certificates of Insurance 5 .04 shall : A . Contractor shall deliver to Owner, with copies to each I . with respect to insurance required by Paragraphs additional insured identified in the Supplementary 5 .04.A.3 through 5. 04.A.6 inclusive, include as Conditions, certificates of insurance (and other evidence additional insured (subject to any customary exclu- EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 15 Sion regarding professional liability) Owner and 5 .06 Property Insurance Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of A. Unless otherwise provided in the Supplementary whom shall be listed as additional insureds, and Conditions, Owner shall purchase and maintain property include coverage for the respective officers, directors, insurance upon the Work at the Site in the amount of the partners, employees, agents, consultants and full replacement cost thereof (subject to such deductible subcontractors of each and any of all such additional amounts as may be provided in the Supplementary insureds, and the insurance afforded to these addi- Conditions or required by Laws and Regulations). This tional insureds shall provide primary coverage for all insurance shall : claims covered thereby ; 1 . include the interests of Owner, Contractor, 2. include at least the specific coverages and be Subcontractors, and Engineer, and any other written for not less than the limits of liability provid- individuals or entities identified in the Supplementary ed in the Supplementary Conditions or required by Conditions, and the officers, directors, partners, Laws or Regulations, whichever is greater; employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to 3 . include completed operations insurance; have an insurable interest and shall be listed as an insured or additional insured; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 2 . be written on a Builder's Risk "all-risk" or open 6. 11 and 6.20; peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to 5 . contain a provision or endorsement that the the Work, temporary buildings, false work, and coverage afforded will not be canceled, materially materials and equipment in transit, and shall insure changed or renewal refused until at least 30 days against at least the following perils or causes of loss : prior written notice has been given to Owner and fire, lightning, extended coverage, theft, vandalism Contractor and to each other additional insured and malicious mischief, earthquake, collapse, debris identified in the Supplementary Conditions to whom removal , demolition occasioned by enforcement of a certificate of insurance has been issued (and the Laws and Regulations, water damage, (other than certificates of insurance furnished by the Contractor caused by flood) and such other perils or causes of pursuant to Paragraph 5 .03 will so provide); loss as may be specifically required by the Supplementary Conditions; 6. remain in effect at least until final payment and at all times thereafter when Contractor may be 3 . include expenses incurred in the repair or correcting, removing, or replacing defective Work in replacement of any insured property (including but accordance with Paragraph 13 .07; and not limited to fees and charges of engineers and architects); 7. with respect to completed operations insurance, and any insurance coverage written on a claims-made 4. cover materials and equipment stored at the Site basis, remain in effect for at least two years after final or at another location that was agreed to in writing by payment. Owner prior to being incorporated in the Work , provided that such materials and equipment have a. Contractor shall famish Owner and each other been included in an Application for Payment additional insured identified in the Supple- recommended by Engineer; mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory 5 . allow for partial utilization of the Work by to Owner and any such additional insured of Owner; continuation of such insurance at final payment and one year thereafter. 6. include testing and startup; and 5 .05 Owner 's Liability Insurance 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by A . In addition to the insurance required to be provided by Owner, .Contractor, and Engineer with 30 days Contractor under Paragraph 5 .04, Owner, at Owner's written notice to each other additional insured to option, may purchase and maintain at Owner's expense whom a certificate of insurance has been issued. Owner's own liability insurance as will protect Owner against claims which may arise from operations under the B . Owner shall purchase and maintain such boiler and Contract Documents. machinery 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 16 any other individuals or entities identified in the in addition, waive all such rights against Subcontractors, Supplementary Conditions, and the officers, directors, and Engineer, and all other individuals or entities partners, employees, agents, consultants and identified in the Supplementary Conditions to be listed as subcontractors of each and any of them, each of whom is insured or additional insured (and the officers, directors, deemed to have an insurable interest and shall be listed as partners, employees, agents, consultants and an insured or additional insured. subcontractors of each and any of them) under such policies for losses and damages so caused. None of the C . All the policies of insurance (and the certificates or above waivers shall extend to the rights that any parry other evidence thereof) required to be purchased and making such waiver may have to the proceeds of maintained in accordance with Paragraph 5.06 will insurance held by Owner as trustee or otherwise payable contain a provision or endorsement that the coverage under any policy so issued. afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice B. Owner waives all rights against Contractor, has been given to Owner and Contractor and to each other Subcontractors, and Engineer, and the officers, directors, additional insured to whom a certificate of insurance has partners, employees, agents, consultants and been issued and will contain waiver provisions in accor- subcontractors of each and any of them for: dance with Paragraph 5.07. 1 . loss due to business interruption, loss of use, or D. Owner shall not be responsible for purchasing and other consequential loss extending beyond direct maintaining any property insurance specified in this physical loss or damage to Owner's property or the Paragraph 5 .06 to protect the interests of Contractor, Work caused by, arising out of, or resulting from fire Subcontractors, or others in the Work to the extent of any or other perils whether or not insured by Owner; and deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such 2. loss or damage to the completed Project or part identified deductible amount will be borne by Contractor, thereof caused by, arising out of, or resulting from Subcontractors, or others suffering any such loss, and if fire or other insured peril or cause of loss covered by any of them wishes property insurance coverage within any property insurance maintained on the completed the limits of such amounts, each may purchase and Project or part thereof by Owner during partial maintain it at the purchaser's own expense. utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, E. If Contractor requests in writing that other special or after final payment pursuant to Paragraph 14.07. insurance be included in the property insurance policies provided under Paragraph 5 .06, Owner shall, if possible, C . Any insurance policy maintained by Owner covering include such insurance, and the cost thereof will be any loss, damage or consequential loss referred to in charged to Contractor by appropriate Change Order. Prior Paragraph 5 .07. 8 shall contain provisions to the effect to commencement of the Work at the Site, Owner shall in that in the event of payment of any such loss, damage, or writing advise Contractor whether or not such other consequential loss, the insurers will have no rights of insurance has been procured by Owner. recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, 5 .07 Waiver of Rights consultants and subcontractors of each and any of them. A. Owner and Contractor intend that all policies 5 .08 Receipt and Application of Insurance Proceeds purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all A. Any insured loss under the policies of insurance other individuals or entities identified in the Supple- required by Paragraph 5 .06 will be adjusted with Owner mentary Conditions to be listed as insureds or additional and made payable to Owner as fiduciary for the insureds, insureds (and the officers, directors, partners, employees, as their interests may appear, subject to the requirements agents, consultants and subcontractors of each and any of of any applicable mortgage clause and of Paragraph them) in such policies and will provide primary coverage 5 .08. 8 . Owner shall deposit in a separate account any for all losses and damages caused by the perils or causes money so received and shall distribute it in accordance of loss covered thereby. All such policies shall contain with such agreement as the parties in interest may reach . provisions to the effect that in the event of payment of If no other special agreement is reached, the damaged any loss or damage the insurers will have no rights of Work shall be repaired or replaced, the moneys so recovery against any of the insureds or additional insureds received applied on account thereof, and the Work and the - thereunder. Owner and Contractor waive all rights against cost thereof covered by an appropriate Change Order. each other and their respective officers, directors, partners, employees, agents, consultants and B. Owner as fiduciary shall have power to adjust and subcontractors of each and any of them for all losses and settle any loss with the insurers unless one of the parties damages caused by, arising out of or resulting from any of in interest shall object in writing within 15 days after the the perils or causes of loss covered by such policies and occurrence of loss to Owner' s exercise of this power. If any other property insurance applicable to the Work; and, such objection be made, Owner as fiduciary shall make EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 17 settlement with the insurers in accordance with such sequences, and procedures of construction . Contractor agreement as the parties in interest may reach. If no such shall not be responsible for the negligence of Owner or agreement among the parties in interest is reached, Owner Engineer in the design or specification of a specific as fiduciary shall adjust and settle the loss with the means, method, technique, sequence, or procedure of insurers and, if required in writing by any party in construction which is shown or indicated in and expressly interest, Owner as fiduciary shall give bond for the proper required by the Contract Documents. performance of such duties. B. At all times during the progress of the Work, 5 .09 Acceptance of Bonds and Insurance; Option to Contractor shall assign a competent resident superin- Replace tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary A. If either Owner or Contractor has any objection to the circumstances. The superintendent will be Contractor's coverage afforded by or other provisions of the bonds or representative at the Site and shall have authority to act on insurance required to be purchased and maintained by the behalf of Contractor. All communications given to or other party in accordance with Article 5 on the basis of received from the superintendent shall be binding on non-conformance with the Contract Documents, the Contractor. objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other 6 .02 Labor; Working Hours evidence requested) required by Paragraph 2 .01 .6. Owner and Contractor shall each provide to the other such A . Contractor shall provide competent, suitably qualified additional information in respect of insurance provided as personnel to survey and lay out the Work and perform the other may reasonably request. If either party does not construction as required by the Contract Documents. purchase or maintain all of the bonds and insurance Contractor shall at all times maintain good discipline and required of such party by the Contract Documents, such order at the Site. party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such B . Except as otherwise required for the safety or failure to maintain prior to any change in the required protection of persons or the Work or property at the Site coverage. Without prejudice to any other right or remedy, or adjacent thereto, and except as otherwise stated in the the other party may elect to obtain equivalent bonds or Contract Documents, all Work at the Site shall be insurance to protect such other party's interests at the performed during regular working hours. Contractor will expense of the party who was required to provide such not permit the performance of Work on a Saturday, coverage, and a Change Order shall be issued to adjust the Sunday, or any legal holiday without Owner's written Contract Price accordingly. consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 5 . 10 Partial Utilization, Acknowledgment of Property Insurer 6.03 Services, Materials, and Equipment A. If Owner finds it necessary to occupy or use a portion A. Unless otherwise specified in the Contract Documents, or portions of the Work prior to Substantial Completion Contractor shall provide and assume full responsibility for of all the Work as provided in Paragraph 14.05 , no such all services, materials, equipment, labor, transportation, use or occupancy shall commence before the insurers construction equipment and machinery, tools, appliances, providing the property insurance pursuant to Paragraph fuel, power, light, heat, telephone, water, sanitary 5 .06 have acknowledged notice thereof and in writing facilities, temporary facilities, and all other facilities and effected any changes in coverage necessitated thereby. incidentals necessary for the performance, testing, The insurers providing the property insurance shall start-up, and completion of the Work. consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to B. All materials and equipment incorporated into the lapse on account of any such partial use or occupancy. 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 guaran- ARTICLE 6 - CONTRACTOR ' S RESPONSIBILITIES tees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of 6.01 Supervision and Superintendence required tests) as to the source, kind, and quality of materials and equipment. A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention C. All materials and equipment shall be stored, applied, thereto and applying such skills and expertise as may be installed, connected, erected, protected, used, cleaned, and necessary to perforin the Work in accordance with the conditioned in accordance with instructions of the Contract Documents. Contractor shall be solely applicable Supplier, except as otherwise may be provided responsible for the means, methods, techniques, in the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 18 3 ) it has a proven record of performance 6.04 Progress Schedule and availability of responsive service; and A. Contractor shall adhere to the Progress Schedule b. Contractor certifies that, if approved. and established in accordance with Paragraph 2.07 as it may incorporated into the Work: be adjusted from time to time as provided below. 1 ) there will be no increase in cost to the 1 . Contractor shall submit to Engineer for Owner or increase in Contract Times, and acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that 2) it will conform substantially to the will not result in changing the Contract Times. Such detailed requirements of the item named in adjustments will comply with any provisions of the the Contract Documents. General Requirements applicable thereto. 2. Substitute Items - 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be a. If in Engineer's sole discretion an item of submitted in accordance with the requirements of material or equipment proposed by Contractor Article 12. Adjustments in Contract Times may only does not qualify as an "or-equal" item under be made by a Change Order. Paragraph 6.05 .A. 1 , it will be considered a proposed substitute item. 6.05 Substitutes and "Or-Equals " b. Contractor shall submit sufficient information A . Whenever an item of material or equipment is as provided below to allow Engineer to specified or described in the Contract Documents by determine that the item of material or equipment using the name of a proprietary item or the name of a proposed is essentially equivalent to that named particular Supplier, the specification or description is and an acceptable substitute therefor. Requests intended to establish the type, function, appearance, and for review of proposed substitute items of quality required. Unless the specification or description material or equipment will not be accepted by contains or is followed by words reading that no like, Engineer from anyone other than Contractor. equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or c. The requirements for review by Engineer will material or equipment of other Suppliers may be be as set forth in Paragraph 6.05 .A .2.d, as submitted to Engineer for review under the circumstances supplemented in the General Requirements and described below. as Engineer may decide is appropriate under the circumstances. 1 . "Or-Equal " Items: If in Engineer' s sole discretion an item of material or equipment proposed by d. Contractor shall make written application to Contractor is functionally equal to that named and Engineer for review of a proposed substitute item sufficiently similar so that no change in related Work of material or equipment that Contractor seeks to will be required, it may be considered by Engineer as furnish or use. The application : an ` or-equal" item, in which case review and approval of the proposed item may, in Engineer's 1 ) shall certify that the proposed substitute sole discretion, be accomplished without compliance item will : with some or all of the requirements for approval of proposed substitute items. For the purposes of this a) perform adequately the functions Paragraph 6.05 .A . 1 , a proposed item of material or and achieve the results called for by the equipment will be considered functionally equal to an general design, item so named if. b) be similar in substance to that a. in the exercise of reasonable judgment specified, and Engineer determines that: c) be suited to the same use as that 1 ) it is at least equal in materials of specified; construction, quality, durability, appearance, strength, and design characteristics; 2) will state: 2) it will reliably perform at least equally a) the extent, if any, to which the use of well the function and achieve the results the proposed substitute item will preju- imposed by the design concept of the dice Contractor's achievement of completed Project as a functioning whole, Substantial Completion on time; EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 19 b) whether or not use of the proposed item so proposed or submitted by Contractor, Contractor substitute item in the Work will require shall reimburse Owner for the charges of Engineer for a change in any of the Contract Docu- evaluating each such proposed substitute. Contractor shall ments (or in the provisions of any other also reimburse Owner for the charges of Engineer for direct contract with Owner for other making changes in the Contract Documents (or in the work on the Project) to adapt the design provisions of any other direct contract with Owner) to the proposed substitute item; and resulting from the acceptance of each proposed substitute. c) whether or not incorporation or use F. Contractor 's Expense: Contractor shall provide all data of the proposed substitute item in con- in support of any proposed substitute or "or-equal" at nection with the Work is subject to Contractor' s expense. payment of any license fee or royalty; 6.06 Concerning Subcontractors, Suppliers, and 3) will identify: Others a) all variations of the proposed A . Contractor shall not employ any Subcontractor, substitute item from that specified , and Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6. 06 .6), b) available engineering, sales, whether initially or as a replacement, against whom maintenance, repair, and replacement Owner may have reasonable objection. Contractor shall services; not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the 4) and shall contain an itemized estimate of all Work against whom Contractor has reasonable objection. costs or credits that will result directly or indi- rectly from use of such substitute item, including B . If the Supplementary Conditions require the identity costs of redesign and claims of other contractors of certain Subcontractors, Suppliers, or other individuals affected by any resulting change, or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the B . Substitute Construction Methods or Procedures. If a Effective Date of the Agreement, and if Contractor has specific means, method, technique, sequence, or submitted a list thereof in accordance with the Supple- procedure of construction is expressly required by the mentary Conditions, Owner's acceptance (either in Contract Documents, Contractor may furnish or utilize a writing or by failing to make written objection thereto by substitute means, method, technique, sequence, or the date indicated for acceptance or objection in the procedure of construction approved by Engineer. Bidding Documents or the Contract Documents) of any Contractor shall submit sufficient information to allow such Subcontractor, Supplier, or other individual or entity Engineer, in Engineer' s sole discretion, to determine that so identified may be revoked on the basis of reasonable the substitute proposed is equivalent to that expressly objection after due investigation. Contractor shall submit called for by the Contract Documents. The requirements an acceptable replacement for the rejected Subcontractor, for review by Engineer will be similar to those provided Supplier, or other individual or entity, and the Contract in Paragraph 6.05.A.2. Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate C. Engineer 's Evaluation: Engineer will be allowed a Change Order will be issued . No acceptance by Owner of reasonable time within which to evaluate each proposal or any such Subcontractor, Supplier, or other individual or submittal made pursuant to Paragraphs 6.05 .A and 6.05 . B. entity, whether initially or as a replacement, shall consti- Engineer may require Contractor to furnish additional tute a waiver of any right of Owner or Engineer to reject data about the proposed substitute item. Engineer will be defective Work. the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's C. Contractor shall be fully responsible to Owner and review is complete, which will be evidenced by either a Engineer for all acts and omissions of the Subcontractors, Change Order for a substitute or an approved Shop Suppliers, and other individuals or entities performing or Drawing for an "or equal " Engineer will advise furnishing any of the Work just as Contractor is Contractor in writing of any negative determination . responsible for Contractor' s own acts and omissions. Nothing in the Contract Documents: D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance 1 . shall create for the benefit of any such guarantee or other surety with respect to any substitute. Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or E . Engineer 's Cost Reimbursement: Engineer will record Engineer and any such Subcontractor, Supplier or Engineer' s costs in evaluating a substitute proposed or other individual or entity , nor submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05 .8 Whether or not Engineer approves a substitute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 20 2. shall anything in the Contract Documents create royalty to others, the existence of such rights shall be any obligation on the part of Owner or Engineer to disclosed by Owner in the Contract Documents. pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or B. To the fullest extent permitted by Laws and Regula- entity except as may otherwise be required by Laws tions, Contractor shall indemnify and hold harmless and Regulations. Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each D. Contractor shall be solely responsible for scheduling and any of them from and against all claims, costs, losses, and coordinating the Work of Subcontractors, Suppliers, and damages (including but not limited to all fees and and other individuals or entities performing or furnishing charges of engineers, architects, attorneys, and other any of the Work under a direct or indirect contract with professionals and all court or arbitration or other dispute Contractor. resolution costs) arising out of or relating to any infringe- ment of patent rights or copyrights incident to the use in E. Contractor shall require all Subcontractors, Suppliers, the performance of the Work or resulting from the and such other individuals or entities performing or incorporation in the Work of any invention, design, furnishing any of the Work to communicate with process, product, or device not specified in the Contract Engineer through Contractor. Documents. F. The divisions and sections of the Specifications and the 6.08 Permits identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or A. Unless otherwise provided in the Supplementary Suppliers or delineating the Work to be performed by any Conditions, Contractor shall obtain and pay for all specific trade. construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits G. All Work performed for Contractor by a Subcontractor and licenses. Contractor shall pay all governmental or Supplier will be pursuant to an appropriate agreement charges and inspection fees necessary for the prosecution between Contractor and the Subcontractor or Supplier of the Work which are applicable at the time of opening which specifically binds the Subcontractor or Supplier to of Bids, or, if there are no Bids, on the Effective Date of the applicable terms and conditions of the Contract the Agreement. Owner shall pay all charges of utility Documents for the benefit of Owner and Engineer. owners for connections for providing permanent service Whenever any such agreement is with a Subcontractor or to the Work. Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the 6 .09 Laws and Regulations agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the A. Contractor shall give all notices required by and shall Subcontractor or Supplier waives all rights against comply with all Laws and Regulations applicable to the Owner, Contractor, and Engineer„ and all other performance of the Work. Except where otherwise individuals or entities identified in the Supplementary expressly required by applicable Laws and Regulations, Conditions to be listed as insureds or additional insureds neither Owner nor Engineer shall be responsible for (and the officers, directors, partners, employees, agents, monitoring Contractor's compliance with any Laws or consultants and subcontractors of each and any of them) Regulations. for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of B . If Contractor performs any Work knowing or having loss covered by such policies and any other property reason to know that it is contrary to Laws or Regulations, insurance applicable to the Work. If the insurers on any Contractor shall bear all claims, costs, losses, and such policies require separate waiver forms to be signed damages (including but not limited to all fees and charges by any Subcontractor or Supplier, Contractor will obtain of engineers, architects, attorneys, and other professionals the same. and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it 6.07 Patent Fees and Royalties shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in A. Contractor shall pay all license fees and royalties and accordance with Laws and Regulations, but this shall not assume all costs incident to the use in the performance of relieve Contractor of Contractor's obligations under the Work or the incorporation in the Work of any Paragraph 3 .03 . invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a C. Changes in Laws or Regulations not known at the time particular invention, design, process, product, or device is of opening of Bids (or, on the Effective Date of the specified in the Contract Documents for use in the Agreement if there were no Bids) having an effect on the performance of the Work and if to the actual knowledge cost or time of performance of the Work shall be the of Owner or Engineer its use is subject to patent rights or subject of an adjustment in Contract Price or Contract copyrights calling for the payment of any license fee or Times. If Owner and Contractor are unable to agree on EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 21 entitlement to or on the amount or extent, if any, of any Work Contractor shall remove from the Site all tools, such adjustment, a Claim may be made therefor as appliances, construction equipment and machinery, and provided in Paragraph 10.05 . surplus materials and shall restore to original condition all property not designated for alteration by the Contract 6. 10 Taxes Documents. A . Contractor shall pay all sales, consumer, use, and other D . Loading Structures: Contractor shall not load nor similar taxes required to be paid by Contractor in permit any part of any structure to be loaded in any accordance with the Laws and Regulations of the place of manner that will endanger the structure, nor shall the Project which are applicable during the performance Contractor subject any part of the Work or adjacent of the Work . property to stresses or pressures that will endanger it. 6. 11 Use of Site and Other Areas 6. 12 Record Documents A . Limitation on Use of Site and Other Areas A . Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, 1 . Contractor shall confine construction equipment, Addenda, Change Orders, Work Change Directives, Field the storage of materials and equipment, and the Orders, and written interpretations and clarifications in operations of workers to the Site and other areas good order and annotated to show changes made during permitted by Laws and Regulations, and shall not construction. These record documents together with all unreasonably encumber the Site and other areas with approved Samples and a counterpart of all approved Shop construction equipment or other materials or Drawings will be available to Engineer for reference. equipment. Contractor shall assume full Upon completion of the Work, these record documents, responsibility for any damage to any such land or Samples, and Shop Drawings will be delivered to Engi- area, or to the owner or occupant thereof, or of any neer for Owner. adjacent land or areas resulting from the performance of the Work. 6. 13 Safety and Protection 2. Should any claim be made by any such owner or A. Contractor shall be solely responsible for initiating, occupant because of the performance of the Work, maintaining and supervising all safety precautions and Contractor shall promptly settle with such other party programs in connection with the Work. Contractor shall by negotiation or otherwise resolve the claim by take all necessary precautions for the safety of, and shall arbitration or other dispute resolution proceeding or provide the necessary protection to prevent damage, at law. injury or loss to: 3 . To the fullest extent permitted by Laws and I . all persons on the Site or who may be affected by Regulations, Contractor shall indemnify and hold the Work; harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants 2. all the Work and materials and equipment to be and subcontractors of each and any of them from and incorporated therein, whether in storage on or off the against all claims, costs, losses, and damages Site; and (including but not limited to all fees and charges of engineers, architects, attorneys, and other 3 . other property at the Site or adjacent thereto, professionals and all court or arbitration or other including trees, shrubs, lawns, walks, pavements, dispute resolution costs) arising out of or relating to roadways, structures, utilities, and Underground any claim or action, legal or equitable, brought by Facilities not designated for removal, relocation, or any such owner or occupant against Owner, replacement in the course of construction. Engineer, or any other party indemnified hereunder - to the extent caused by or based upon Contractor's B . Contractor shall comply with all applicable Laws and performance of the Work. Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, B . Removal of Debris During Performance of the Work: injury, or loss; and shall erect and maintain all necessary During the progress of the Work Contractor shall keep the safeguards for such safety and protection. Contractor shall Site and other areas free from accumulations of waste notify owners of adjacent property and of Underground materials, rubbish, and other debris. Removal and Facilities and other utility owners when prosecution of the disposal of such waste materials, rubbish, and other debris Work may affect them, and shall cooperate with them in shall conform to applicable Laws and Regulations. the protection , removal, relocation, and replacement of their property. C . Cleaning. Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it C. All damage, injury, or loss to any property referred to ready for utilization by Owner. At the completion of the in Paragraph 6. 13.A .2 or 6. 13 .A .3 caused, directly or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright �) 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 22 indirectly, in whole or in part, by Contractor, any Subcon- 1 . Shop Drawings tractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of a. Submit number of copies specified in the the Work, or anyone for whose acts any of them may be General Requirements. liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications b. Data shown on the Shop Drawings will be or to the acts or omissions of Owner or Engineer or , or complete with respect to quantities, dimensions, anyone employed by any of them, or anyone for whose specified performance and design criteria, acts any of them may be liable, and not attributable, materials, and similar data to show Engineer the directly ,or indirectly, in whole or in part, to the fault or services, materials, and equipment Contractor negligence of Contractor or any Subcontractor, Supplier, proposes to provide and to enable Engineer to or other individual or entity directly or indirectly em- review the information for the limited purposes ployed by any of them). required by Paragraph 6 . 17. D. D. Contractor' s duties and responsibilities for safety and 2. Samples: Contractor shall also submit Samples to for protection of the Work shall continue until such time Engineer for review and approval in accordance with as all the Work is completed and Engineer has issued a the acceptable schedule of Shop Drawings and notice to Owner and Contractor in accordance with Sample submittals. Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with a. Submit number of Samples specified in the Substantial Completion). Specifications. 6. 14 Safety Representative b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, A. Contractor shall designate a qualified and experienced the use for which intended and other data as safety representative at the Site whose duties and Engineer may require to enable Engineer to responsibilities shall be the prevention of accidents and review the submittal for the limited purposes the maintaining and supervising of safety precautions and required by Paragraph 6. 17 . D. programs. B. Where a Shop Drawing or Sample is required by the 6. 15 Hazard Communication Programs Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and A. Contractor shall be responsible for coordinating any approval of the pertinent submittal will be at the sole exchange of material safety data sheets or other hazard expense and responsibility of Contractor. communication information required to be made available to or exchanged between or among employers at the Site C. Submittal Procedures in accordance with Laws or Regulations. 1 . Before submitting each Shop Drawing or 6. 16 Emergencies Sample, Contractor shall have determined and veri- fied: A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent a. all field measurements, quantities, dimen- thereto, Contractor is obligated to act to prevent sions, specified performance and design criteria, threatened damage, injury, or loss. Contractor shall give installation requirements, materials, catalog Engineer prompt written notice if Contractor believes that numbers, and similar information with respect any significant changes in the Work or variations from the thereto; Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a b. the suitability of all materials with respect to change in the Contract Documents is required because of intended use, fabrication, shipping, handling, the action taken by Contractor in response to such an storage, assembly, and installation pertaining to emergency, a Work Change Directive or Change Order the performance of the Work ; will be issued. c. all information relative to Contractor's 6. 17 Shop Drawings and Samples responsibilities for means, methods, techniques, sequences, and procedures of construction, and A. Contractor shall submit Shop Drawings and Samples safety precautions and programs incident thereto; to Engineer for review and approval in accordance with and the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as d. shall also have reviewed and coordinated each Engineer may require. Shop Drawing or Sample with other Shop Drawings and Samples and with the EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 23 requirements of the Work and the Contract revisions other than the corrections called for by Documents. Engineer on previous submittals. 2. Each submittal shall bear a stamp or specific 6. 18 Continuing the Work written certification that Contractor has satisfied Contractor's obligations under the Contract A . Contractor shall carry on the Work and adhere to the Documents with respect to Contractor's review and Progress Schedule during all disputes or disagreements approval of that submittal . with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, 3 . With each submittal , Contractor shall give except as permitted by Paragraph 15.04 or as Owner and Engineer specific written notice of any variations, Contractor may otherwise agree in writing. that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice 6 . 19 Contractor 's General Warranty and Guarantee shall be both a written communication separate from the Shop Drawing 's or Sample Submittal; and, in A . Contractor warrants and guarantees to Owner that all addition, by a specific notation made on each Shop Work will be in accordance with the Contract Documents Drawing or Sample submitted to Engineer for review and will not be defective. Engineer and its Related and approval of each such variation. Entities shall be entitled to rely on representation of D. Engineer' s Review Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder I . Engineer will provide timely review of Shop excludes defects or damage caused by: Drawings and Samples in accordance with the Sched- ule of Submittals acceptable to Engineer. Engineer' s 1 . abuse, modification, or improper maintenance or review and approval will be only to determine if the operation by persons other than Contractor, Sub- items covered by the submittals will, after installation contractors, Suppliers, or any other individual or or incorporation in the Work, conform to the entity for whom Contractor is responsible; or information given in the Contract Documents and be compatible with the design concept of the completed 2 . normal wear and tear under normal usage. Project as a functioning whole as indicated by the Contract Documents. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be 2. Engineer's review and approval will not extend absolute. None of the following will constitute an to means, methods, techniques, sequences, or acceptance of Work that is not in accordance with the procedures of construction (except where a particular Contract Documents or a release of Contractor's means, method, technique, sequence, or procedure of obligation to perform the Work in accordance with the construction is specifically and expressly called for Contract Documents: by the Contract Documents) or to safety precautions or programs incident thereto. The review and 1 . observations by Engineer; approval of a separate item as such will not indicate approval of the assembly in which the item functions. 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. Engineer' s review and approval shall not relieve Contractor from responsibility for any variation from 3 . the issuance of a certificate of Substantial the requirements of the Contract Documents unless Completion by Engineer or any payment related Contractor has complied with the requirements of thereto by Owner; Paragraph 6. 17.C.3 and Engineer has given written approval of each such variation by specific written 4. use or occupancy of the Work or any part thereof notation thereof incorporated in or accompanying the by Owner; Shop Drawing or Sample. Engineer' s review and approval shall not relieve Contractor from 5 . any review and approval of a Shop Drawing or responsibility for complying with the requirements of Sample submittal or the issuance of a notice of Paragraph 6. 17.C. 1 . acceptability by Engineer; E. Resubmittal Procedures 6. any inspection, test, or approval by others; or I . Contractor shall make corrections required by 7 . any correction of defective Work by Owner. Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval . Contractor shall direct specific attention in writing to EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 24 6.20 Indemnification Contractor shall not be required to provide professional services in violation of applicable law. A . To the fullest extent permitted by Laws and Regula- tions, Contractor shall indemnify and hold harmless B . If professional design services or certifications by a Owner and Engineer, and the officers, directors, partners, design professional related to systems, materials or employees, agents, consultants and subcontractors of each equipment are specifically required of Contractor by the and any of them from and against all claims, costs, losses, Contract Documents, Owner and Engineer will specify all and damages (including but not limited to all fees and performance and design criteria that such services must charges of engineers, architects, attorneys, and other satisfy. Contractor shall cause such services or professionals and all court or arbitration or other dispute certifications to be provided by a properly licensed resolution costs) arising out of or relating to the perfor- professional, whose signature and seal shall appear on all mance of the Work, provided that any such claim, cost, drawings, calculations, specifications, certifications, Shop loss, or damage is attributable to bodily injury, sickness, Drawings and other submittals prepared by such disease, or death, or to injury to or destruction of tangible professional. Shop Drawings and other submittals related property (other than the Work itself), including the loss of to the Work designed or certified by such professional , if use resulting therefrom but only to the extent caused by prepared by others, shall bear such professional 's written any negligent act or omission of Contractor, any approval when submitted to Engineer. Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform C. Owner and Engineer shall be entitled to rely upon the any of the Work or anyone for whose acts any of them adequacy, accuracy and completeness of the services, may be liable . certifications or approvals performed by such design professionals, provided Owner and Engineer have B. In any and all claims against Owner or Engineer or specified to Contractor all performance and design criteria any of their respective consultants, agents, officers, that such services must satisfy. directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of D. Pursuant to this Paragraph 6.2 1 , Engineer's review Contractor, any Subcontractor, any Supplier, or any and approval of design calculations and design drawings individual or entity directly or indirectly employed by any will be only for the limited purpose of checking for of them to perform any of the Work, or anyone for whose conformance with performance and design criteria given acts any of them may be liable, the indemnification and the design concept expressed in the Contract obligation under Paragraph 6.20.A shall not be limited in Documents. Engineer' s review and approval of Shop any way by any limitation on the amount or type of Drawings and other submittals (except design calculations damages, compensation, or benefits payable by or for and design drawings) will be only for the purpose stated Contractor or any such Subcontractor, Supplier, or other in Paragraph 6. 17.D. 1 . individual or entity under workers' compensation acts, - disability benefit acts, or other employee benefit acts. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the C. The indemnification obligations of Contractor under Contract Documents. Paragraph 6.20. A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising ARTICLE 7 - OTHER WORK AT THE SITE out of. 1 . the preparation or approval of, or the failure to 7 .01 Related Work of Site prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or A . Owner may perform other work related to the Project Specifications; or at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by 2. giving directions or instructions, or failing to utility owners. If such other work is not noted in the Con- give them, if that is the primary cause of the injury or tract Documents, then : damage. 1 . written notice thereof will be given to Contractor 6.21 Delegation of Professional Design Services prior to starting any such other work; and A. Contractor will not be required to provide professional 2. if Owner and Contractor are unable to agree on design services unless such services are specifically entitlement to or on the amount or extent, if any, of required by the Contract Documents for a portion of the any adjustment in the Contract Price or Contract Work or unless such services are required to carry out Times that should be allowed as a result of such other Contractor's responsibilities for construction means, work , a Claim may be made therefor as provided in methods, techniques, sequences and procedures. Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 25 B . Contractor shall afford each other contractor who is a disruption costs incurred by Contractor as a result of the party to such a direct contract, each utility owner and other contractor's actions or inactions. Owner, if Owner is performing other work with Owner' s employees, proper and safe access to the Site, a reason- C . Contractor shall be liable to Owner and any other able opportunity for the introduction and storage of contractor for the reasonable direct delay and disruption materials and equipment and the execution of such other costs incurred by such other contractor as a result of work, and shall properly coordinate the Work with theirs. Contractor's action or inactions. 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 ARTICLE 8 - OWNER ' S RESPONSIBILITIES properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter 8 .01 Communications to Contractor their work with the written consent of Engineer and the others whose work will be affected. The duties and A. Except as otherwise provided in these General Condi- responsibilities of Contractor under this Paragraph are for tions, Owner shall issue all communications to Contractor the benefit of such utility owners and other contractors to through Engineer. the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between 8 .02 Replacement of Engineer Owner and such utility owners and other contractors. A. In case of termination of the employment of Engineer, C. If the proper execution or results of any part of Owner shall appoint an engineer to whom Contractor Contractor's Work depends upon work performed by makes no reasonable objection, whose status under the others under this Article 7, Contractor shall inspect such Contract Documents shall be that of the former Engineer. other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that 8.03 Furnish Data render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's A . Owner shall promptly furnish the data required of failure to so report will constitute an acceptance of such Owner under the Contract Documents. other work as fit and proper for integration with Contractor's Work except for latent defects and 8 .04 Pay When Due deficiencies in such other work. A . Owner shall make payments to Contractor when they 7.02 Coordination are due as provided in Paragraphs 14.02.0 and 14.07.C. A . If Owner intends to contract with others for the 8 .05 Lands and Easements; Reports and Tests performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish I . the individual or entity who will have authority reference points are set forth in Paragraphs 4.01 and 4.05 . and responsibility for coordination of the activities Paragraph 4.02 refers to Owner's identifying and making among the various contractors will be identified; available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of 2. the specific matters to be covered by such physical conditions in or relating to existing surface or authority and responsibility will be itemized; and subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract 3 . the extent of such authority and responsibilities Documents. will be provided. B. Unless otherwise provided in the Supplementary 8 .06 lnsurance Conditions, Owner shall have sole authority and respon- A. Owner's responsibilities, if any, in respect to pur- sibility for such coordination . chasing and maintaining liability and property insurance 7 .03 Legal Relationships are set forth in Article 5 . A. Paragraphs 7.OI .A and 7.02 are not applicable for 8.07 Change Orders utilities not under the control of Owner. A . Owner is obligated to execute Change Orders as B. Each other direct contract of Owner under Paragraph indicated in Paragraph 10.03 . 7.01 -A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 26 8 .08 Inspections, Tests, and Approvals check the quality or quantity of the Work. Engineer' s efforts will be directed toward providing for Owner a A. Owner's responsibility in respect to certain inspec- greater degree of confidence that the completed Work will tions, tests, and approvals is set forth in Paragraph conform generally to the Contract Documents. On the 13 . 03 . B . basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will 8 .09 Limitations on Owner 's Responsibilities endeavor to guard Owner against defective Work. A. The Owner shall not supervise, direct, or have control B. Engineer's visits and observations are subject to all or authority over, nor be responsible for, Contractor's the limitations on Engineer's authority and responsibility means, methods, techniques, sequences, or procedures of set forth in Paragraph 9.09. Particularly, but without construction, or the safety precautions and programs limitation, during or as a result of Engineer's visits or incident thereto, or for any failure of Contractor to observations of Contractor's Work Engineer will not comply with Laws and Regulations applicable to the supervise, direct, control, or have authority over or be performance of the Work. Owner will not be responsible responsible for Contractor' s means, methods, techniques, for Contractor's failure to perform the Work in sequences, or procedures of construction, or the safety accordance with the Contract Documents. precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and 8. 10 Undisclosed Hazardous Environmental Regulations applicable to the performance of the Work . Condition 9.03 Project Representative A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in A . if Owner and Engineer agree, Engineer will furnish a Paragraph 4.06. Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The 8. 11 Evidence of Financial Arrangements authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the A. If and to the extent Owner has agreed to furnish Supplementary Conditions, and limitations on the Contractor reasonable evidence that financial responsibilities thereof will be as provided in Paragraph arrangements have been made to satisfy Owner's 9 .09. If Owner designates another representative or agent obligations under the Contract Documents, Owner's to represent Owner at the Site who is not Engineer's responsibility in respect thereof will be as set forth in the consultant, agent or employee, the responsibilities and Supplementary Conditions. authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. ARTICLE 9 - ENGINEER ' S STATUS DURING CONSTRUCTION 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work 9.01 Owners Representative from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the A. Engineer will be Owner's representative during the Contract Times and are compatible with the design construction period. The duties and responsibilities and concept of the completed Project as a functioning whole the limitations of authority of Engineer as Owner' s as indicated by the Contract Documents. These may be representative during construction are set forth in the accomplished by a Field Order and will be binding on Contract Documents and will not be changed without Owner and also on Contractor, who shall perform the written consent of Owner and Engineer. Work involved promptly. If Owner or Contractor believes that a Field Orderjustifies an adjustment in the Contract 9.02 Visits to Site Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or A. Engineer will make visits to the Site at intervals extent, if any, of any such adjustment, a Claim may be appropriate to the various stages of construction as made therefor as provided in Paragraph 10.05. Engineer deems necessary in order to observe as an experienced and qualified design professional the 9.05 Rejecting Defective Work progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on A . Engineer will have authority to reject Work which information obtained during such visits and observations, Engineer believes to be defective, or that Engineer Engineer, for the benefit of Owner, will determine, in believes will not produce a completed Project that general, if the Work is proceeding in accordance with the conforms to the Contract Documents or that will prejudice Contract Documents. Engineer will not be required to the integrity of the design concept of the completed make exhaustive or continuous inspections on the Site to Project as a functioning whole as indicated by the EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 27 Contract Documents. Engineer will also have authority to C. Engineer' s written decision on the issue referred will require special inspection or testing of the Work as be final and binding on Owner and Contractor, subject to provided in Paragraph 13 . 04, whether or not the Work is the provisions of Paragraph 10.05 . fabricated, installed, or completed. D. When functioning as interpreter and judge under this 9.06 Shop Drawings, Change Orders and Payments Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection A. In connection with Engineer' s authority, and with any interpretation or decision rendered in good faith limitations thereof, as to Shop Drawings and Samples, see in such capacity. Paragraph 6. 17. 9 .09 Limitations on Engineer 's Authority and B. In connection with Engineer' s authority, and Responsibilities limitations thereof, as to design calculations and design drawings submitted in response to a delegation of A. Neither Engineer's authority or responsibility under professional design services, if any, see Paragraph 6.21 . this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good C. In connection with Engineer's authority as to Change faith either to exercise or not exercise such authority or Orders, see Articles 10, 11 , and 12 . responsibility or the undertaking, exercise, or performance of any authority or responsibility by D. In connection with Engineer's authority as to Engineer shall create, impose, or give rise to any duty in Applications for Payment, see Article 14. contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other 9.07 Determinations far Unit Price Work individual or entity, or to any surety for or employee or agent of any of them. A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by B . Engineer will not supervise, direct, control , or have Contractor. Engineer will review with Contractor the authority over or be responsible for Contractor's means, Engineer's preliminary determinations on such matters methods, techniques, sequences, or procedures of before rendering a written decision thereon (by construction, or the safety precautions and programs recommendation of an Application for Payment or incident thereto, or for any failure of Contractor to otherwise). Engineer' s written decision thereon will be comply with Laws and Regulations applicable to the final and binding (except as modified by Engineer to performance of the Work. Engineer will not be respon- reflect changed factual conditions or more accurate data) sible for Contractor's failure to perform the Work in upon Owner and Contractor, subject to the provisions of accordance with the Contract Documents. Paragraph 10.05. C. Engineer will not be responsible for the acts or 9.08 Decisions on Requirements of Contract omissions of Contractor or of any Subcontractor, any Documents and Acceptability of Work Supplier, or of any other individual or entity performing any of the Work. A . Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the D. Engineer' s review of the final Application for Payment acceptability of the Work thereunder. All matters in and accompanying documentation and all maintenance question and other matters between Owner and Contractor and operating instructions, schedules, guarantees, bonds, arising prior to the date final payment is due relating to certificates of inspection, tests and approvals, and other the acceptability of the Work, and the interpretation of the documentation required to be delivered by Paragraph requirements of the Contract Documents pertaining to the 14.07.A will only be to determine generally that their performance of the Work, will be referred initially to content complies with the requirements of, and in the case Engineer in writing within 30 days of the event giving rise of certificates of inspections, tests, and approvals that the to the question results certified indicate compliance with the Contract Documents. B. Engineer will , with reasonable promptness, render a written decision on the issue referred. If Owner or E. The limitations upon authority and responsibility set Contractor believe that any such decision entitles them to forth in this Paragraph 9.09 shall also apply to, the an adjustment in the Contract Price or Contract Times or Resident Project Representative, if any, and assistants, if both, a Claim may be made under Paragraph 10.05. The any. 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. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.04 Notification to Surety A . If notice of any change affecting the general scope of 10.01 Authorized Changes in the Work the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract A . Without invalidating the Contract and without notice Times) is required by the provisions of any bond to be to any surety, Owner may, at any time or from time to given to a surety, the giving of any such notice will be time, order additions, deletions, or revisions in the Work Contractor's responsibility. The amount of each by a Change Order, or a Work Change Directive. Upon applicable bond will be adjusted to reflect the effect of receipt of any such document, Contractor shall promptly any such change. proceed with the Work involved which will be performed under the applicable conditions of the Contract 10.05 Claims Documents (except as otherwise specifically provided). A . Engineer 's Decision Required: All Claims, except B . If Owner and Contractor are unable to agree on those waived pursuant to Paragraph 14.09, shall be entitlement to, or on the amount or extent, if any, of an referred to the Engineer for decision. A decision by adjustment in the Contract Price or Contract Times, or Engineer shall be required as a condition precedent to any both, that should be allowed as a result of a Work Change exercise by Owner or Contractor of any rights or remedies Directive, a Claim may be made therefor as provided in either may otherwise have under the Contract Documents Paragraph 10.05. or by Laws and Regulations in respect of such Claims. 10.02 Unauthorized Changes in the Work B. Notice. Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer A. Contractor shall not be entitled to an increase in the and the other party to the Contract promptly (but in no Contract Price or an extension of the Contract Times with event later than 30 days) after the start of the event giving respect to any work performed that is not required by the rise thereto. The responsibility to substantiate a Claim Contract Documents as amended, modified, or shall rest with the party making the Claim. Notice of the supplemented as provided in Paragraph 3 .04, except in the amount or extent of the Claim, with supporting data shall case of an emergency as provided in Paragraph 6. 16 or in be delivered to the Engineer and the other party to the the case of uncovering Work as provided in Paragraph Contract within 60 days after the start of such event 13 .04. 6. (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such 10.03 Execution of Change Orders Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of A. Owner and Contractor shall execute appropriate Paragraph 12.01 . 6 . A Claim for an adjustment in Contract Change Orders recommended by Engineer covering: Time shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied I . changes in the Work which are: (i) ordered by by claimant's written statement that the adjustment Owner pursuant to Paragraph 10.01 .A, (ii) required claimed is the entire adjustment to which the claimant because of acceptance of defective Work under believes it is entitled as a result of said event. The Paragraph 13.08.A or Owner' s correction of opposing party shall submit any response to Engineer and defective Work under Paragraph 13 .09, or (iii) agreed the claimant within 30 days after receipt of the claimant's to by the parties; last submittal (unless Engineer allows additional time). 2. changes in the Contract Price or Contract Times C. Engineer 's Action: Engineer will review each Claim which are agreed to by the parties, including any and, within 30 days after receipt of the last submittal of undisputed sum or amount of time for Work actually the claimant or the last submittal of the opposing party, if performed in accordance with a Work Change any, take one of the following actions in writing: Directive; and 1 . deny the Claim in whole or in part, 3. changes in the Contract Price or Contract Times which embody the substance of any written decision 2 . approve the Claim, or rendered by Engineer pursuant to Paragraph 10.05 ; provided that, in lieu of executing any such Change 3 . notify the parties that the Engineer is unable to Order, an appeal may be taken from any such deci- resolve the Claim if, in the Engineer's sole discretion, sion in accordance with the provisions of the it would be inappropriate for the Engineer to do so. Contract Documents and applicable Laws and For purposes of further resolution of the Claim, such Regulations, but during any such appeal , Contractor notice shall be deemed a denial. shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6. 18.A . EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 29 D. In the event that Engineer does not take action on a cash discounts shall accrue to Contractor unless Claim within said 30 days, the Claim shall be deemed Owner deposits funds with Contractor with which to denied. make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates E. Engineer' s written action under Paragraph 10.05 .0 or and refunds and returns from sale of surplus materials denial pursuant to Paragraphs 10.05 .C . 3 or 10.05 .D will and equipment shall accrue to Owner, and Contractor be final and binding upon Owner and Contractor, unless shall make provisions so that they may be obtained. Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such 3 . Payments made by Contractor to Subcontractors action or denial. for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids F. No Claim for an adjustment in Contract Price or from subcontractors acceptable to Owner and Contract Times will be valid if not submitted in Contractor and shall deliver such bids to Owner, who accordance with this Paragraph 10 .05 . 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 ARTICLE 11 - COST OF THE WORK; paid on the basis of Cost of the Work plus a fee, the ALLOWANCES; UNIT PRICE WORK 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 Cort of the Work 11 .01 . A . Costs Included: The term Cost of the Work means the 4. Costs of special consultants (including but not sum of all costs, except those excluded in Paragraph limited to Engineers, architects, testing laboratories, 11 .01 . 6, necessarily incurred and paid by Contractor in surveyors, attorneys, and accountants) employed for the proper performance of the Work. When the value of services specifically related to the Work . any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the 5 . Supplemental costs including the following: basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental a. The proportion of necessary transportation, costs required because of the change in the Work or travel, and subsistence expenses of Contractor's because of the event giving rise to the Claim. Except as employees incurred in discharge of duties otherwise may be agreed to in writing by Owner, such connected with the Work. costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the b. Cost, including transportation and mainte- following items, and shall not include any of the costs nance, of all materials, supplies, equipment, itemized in Paragraph I LOL6 . machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by I . Payroll costs for employees in the direct employ the workers, which are consumed in the perfor- of Contractor in the performance of the Work under mance of the Work, and cost, less market value, schedules of job classifications agreed upon by of such items used but not consumed which Owner and Contractor. Such employees shall include, remain the property of Contractor. without limitation, superintendents, foremen, and other personnel employed full time at the Site. c. Rentals of all construction equipment and Payroll costs for employees not employed full time machinery, and the parts thereof whether rented on the Work shall be apportioned on the basis of their from Contractor or others in accordance with time spent on the Work. Payroll costs shall include, rental agreements approved by Owner with the but not be limited to, salaries and wages plus the cost advice of Engineer, and the costs of of fringe benefits, which shall include social security transportation, loading, unloading, assembly, contributions, unemployment, excise, and payroll dismantling, and removal thereof. All such costs taxes, workers' compensation, health and retirement shall be in accordance with the terms of said benefits, bonuses, sick leave, vacation and holiday rental agreements. The rental of any such equip- pay applicable thereto. The expenses of performing ment, machinery, or parts shall cease when the Work outside of regular working hours, on Saturday, use thereof is no longer necessary for the Work. Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is 2 . Cost of all materials and equipment furnished liable, imposed by Laws and Regulations. and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers ' e. Deposits lost for causes other than negligence field services required in connection therewith. All of Contractor, any Subcontractor, or anyone EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 30 directly or indirectly employed by any of them or 3 . Any part of Contractor' s capital expenses, for whose acts any of them may be liable, and including interest on Contractor's capital employed royalty payments and fees for permits and for the Work and charges against Contractor for licenses. delinquent payments. f. Losses and damages (and related expenses) 4. Costs due to the negligence of Contractor, any caused by damage to the Work, not compensated Subcontractor, or anyone directly or indirectly by insurance or otherwise, sustained by employed by any of them or for whose acts any of Contractor in connection with the performance them may be liable, including but not limited to, the of the Work (except losses and damages within correction of defective Work, disposal of materials or the deductible amounts of property insurance equipment wrongly supplied, and making good any established in accordance with Paragraph damage to property. 5 .06.D), provided such losses and damages have resulted from causes other than the negligence of 5 . Other overhead or general expense costs of any Contractor, any Subcontractor, or anyone kind and the costs of any item not specifically and directly or indirectly employed by any of them or expressly included in Paragraphs 11 .0LA and for whose acts any of them may be liable. Such I LOLB. losses shall include settlements made with the written consent and approval of Owner. No such C. Contractor 's Fee: When all the Work is performed on losses, damages, and expenses shall be included the basis of cost-plus, Contractor' s fee shall be in the Cost of the Work for the purpose of determined as set forth in the Agreement. When the value determining Contractor's fee. of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the g. The cost of utilities, fuel, and sanitary basis of Cost of the Work , Contractor's fee shall be facilities at the Site. determined as set forth in Paragraph 12.01 .C. h. Minor expenses such as telegrams, long D. Documentation: Whenever the Cost of the Work for distance telephone calls, telephone service at the any purpose is to be determined pursuant to Paragraphs Site, expresses, and similar petty cash items in I LOLA and 11 .01 . 0, Contractor will establish and connection with the Work. maintain records thereof in accordance with generally accepted accounting practices and submit in a form i . The costs of premiums for all bonds and acceptable to Engineer an itemized cost breakdown insurance Contractor is required by the Contract together with supporting data. Documents to purchase and maintain. 11 .02 Allowances B. Costs Excluded: The term Cost of the Work shall not include any of the following items: A . It is understood that Contractor has included in the Contract Price all allowances so named in the Contract 1 . Payroll costs and other compensation of Documents and shall cause the Work so covered to be Contractor's officers, executives, principals (of performed for such sums and by such persons or entities partnerships and sole proprietorships), general as may be acceptable to Owner and Engineer. managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, B. Cash Allowances purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by 1 . Contractor agrees that: Contractor, whether at the Site or in Contractor's principal or branch office for general administration a. the cash allowances include the cost to of the Work and not specifically included in the Contractor (less any applicable trade discounts) agreed upon schedule of job classifications referred of materials and equipment required by the to in Paragraph 1 LOLA . I or specifically covered by allowances to be delivered at the Site, and all Paragraph 11 .01 .A.4, all of which are to be applicable taxes; and considered administrative costs covered by the Contractor' s fee. b. Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, 2. Expenses of Contractor' s principal and branch and other expenses contemplated for the cash offices other than Contractor's office at the Site. 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 31 ARTICLE 12 - CHANGE OF CONTRACT PRICE , I . Contractor agrees that a contingency allowance, CHANGE OF CONTRACT TIMES if any, is for the sole use of Owner to cover unanticipated costs. 12.01 Change of Contract Price D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect A . The Contract Price may only be changed by a Change actual amounts due Contractor on account of Work Order. Any Claim for an adjustment in the Contract Price covered by allowances, and the Contract Price shall be shall be based on written notice submitted by the party correspondingly adjusted. making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of 11 .03 Unit Price Work Paragraph 10.05. A. Where the Contract Documents provide that all or part B. The value of any Work covered by a Change Order or of the Work is to be Unit Price Work, initially the of any Claim for an adjustment in the Contract Price will Contract Price will be deemed to include for all Unit Price be determined as follows: Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times 1 . where the Work involved is covered by unit the estimated quantity of each item as indicated in the prices contained in the Contract Documents, by Agreement. application of such unit prices to the quantities of the items involved (subject to the provisions of B. The estimated quantities of items of Unit Price Work Paraeraoh 11 .031: or are not guaranteed and are solely for the purpose of v comparison of Bids and determining an initial Contract 2 . where the Work involved is not covered by unit Price. Determinations of the actual quantities and prices contained in the Contract Documents, by a classifications of Unit Price Work performed by mutually agreed lump sum (which may include an Contractor will be made by Engineer subject to the allowance for overhead and profit not necessarily in provisions of Paragraph 9.07. accordance with Paragraph 12.01 .C.2); or C. Each unit price will be deemed to include an amount 3 . where the Work involved is not covered by unit considered by Contractor to be adequate to cover prices contained in the Contract Documents and Contractor's overhead and profit for each separately agreement to a lump sum is not reached under identified item. Paragraph 12.01 . 6.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11 .01 ) D. Owner- 01- Contractor may make a Claim for an plus a Contractor's fee for overhead and profit (deter- adjustment in the Contract Price in accordance with mined as provided in Paragraph 12.0LQ- Paragraph 10.05 if: C. Contractor 's Fee: The Contractor' s fee for overhead 1 . the quantity of any item of Unit Price Work and profit shall be determined as follows : performed by Contractor differs materially and significantly from the estimated quantity of such item 1 . a mutually acceptable fixed fee; or indicated in the Agreement; and 2. if a fixed fee is not agreed upon, then a fee based 2. there is no corresponding adjustment with on the following percentages of the various portions respect any other item of Work ; and of the Cost of the Work : 3 . Contractor believes that Contractor is entitled to a. for costs incurred under Paragraphs 11 .0LA . I an increase in Contract Price as a result of having and 11 .0I .A.2, the Contractor' s fee shall be 15 incurred additional expense or Owner believes that - percent; Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any b. for costs incurred under Paragraph 11 .01 .A .35 such increase or decrease. the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.01 .C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 1 LOLA . I and 11 .01 .A .2 and that any higher tier EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 32 Subcontractor and Contractor will each be paid a C. If Contractor is delayed in the performance or progress fee of five percent of the amount paid to the next of the Work by fire, flood, epidemic , abnormal weather lower tier Subcontractor; conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes d. no fee shall be payable on the basis of costs not the fault of and beyond control of Owner and itemized under Paragraphs I LOLAA, 11 .01 . A . 5, Contractor, then Contractor shall be entitled to an and 11 .01 . 0; equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete e. the amount of credit to be allowed by the Work within the Contract Times. Such an adjustment Contractor to Owner for any change which shall be Contractor's sole and exclusive remedy for the results in a net decrease in cost will be the delays described in this Paragraph I2.03 .C . amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal D. Owner, Engineer and the Related Entities of each of to five percent of such net decrease; and them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all f. when both additions and credits are involved fees and charges of Engineers, architects, attorneys, and in any one change, the adjustment in other professionals and all court or arbitration or other Contractor's fee shall be computed on the basis dispute resolution costs) sustained by Contractor on or in of the net change in accordance with Paragraphs connection with any other project or anticipated project. 12.01 .C.2.a through 12.01 .C.2.e, inclusive. E. Contractor shall not be entitled to an adjustment in 12.02 Change of Contract Times Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within A. The Contract Times may only be changed by a Change the control of a Subcontractor or Supplier shall be deemed Order. Any Claim for an adjustment in the Contract to be delays within the control of Contractor. 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 ARTICLE 13 - TESTS AND INSPECTIONS; Paragraph 10.05. CORRECTION , REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 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 13.01 Notice of Defects provisions of this Article 12. A. Prompt notice of all defective Work of which Owner 12.03 Delays or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, A. Where Contractor is prevented from completing any corrected, or accepted as provided in this Article 13 . part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will 13.02 Access to Work be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in A. Owner, Engineer, their consultants and other Paragraph 12.02.A. Delays beyond the control of representatives and personnel of Owner, independent Contractor shall include, but not be limited to, acts or testing laboratories, and governmental agencies with neglect by Owner, acts or neglect of utility owners or jurisdictional interests will have access to the Site and the other contractors performing other work as contemplated Work at reasonable times for their observation, by Article 7, fires, floods, epidemics, abnormal weather inspecting, and testing. Contractor shall provide them conditions, or acts of God. proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs B. If Owner, Engineer, or other contractors or utility so that they may comply therewith as applicable. owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, 13.03 Tests and Inspections delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to A. Contractor shall give Engineer timely notice of an equitable adjustment in the Contract Price or the readiness of the Work for all required inspections, tests, Contract Times , or both. Contractor's entitlement to an or approvals and shall cooperate with inspection and adjustment of the Contract Times is conditioned on such testing personnel to facilitate required inspections or tests. adjustment being essential to Contractor's ability to complete the Work within the Contract Times. B . Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 33 tests, or approvals required by the Contract Documents C . If it is found that the uncovered Work is defective, except: Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of I . for inspections, tests, or approvals covered by engineers, architects, attorneys, and other professionals Paragraphs I3 .03 .0 and 13 .03 . D below; and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, 2. that costs incurred in connection with tests or exposure, observation, inspection, and testing, and of inspections conducted pursuant to Paragraph 13.04. 8 satisfactory replacement or reconstruction (including but shall be paid as provided in said Paragraph 13 . 04.C; not limited to all costs of repair or replacement of work of and others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to 3 . as otherwise specifically provided in the Con- agree as to the amount thereof, Owner may make a Claim tract Documents. therefor as provided in Paragraph 10.05 . C. If Laws or Regulations of any public body having D. If, the uncovered Work is not found to be defective, jurisdiction require any Work (or part thereof) specifically Contractor shall be allowed an increase in the Contract to be inspected, tested, or approved by an employee or Price or an extension of the Contract Times, or both, other representative of such public body, Contractor shall directly attributable to such uncovering, exposure, assume full responsibility for arranging and obtaining observation, inspection, testing, replacement, and such inspections, tests, or approvals, pay all costs in reconstruction. If the parties are unable to agree as to the connection therewith, and furnish Engineer the required amount or extent thereof, Contractor may make a Claim certificates of inspection or approval . therefor as provided in Paragraph 10.05 , D. Contractor shall be responsible for arranging and 13.05 Owner May Stop the Work obtaining and shall pay all costs in connection with any - inspections, tests, or approvals required for Owner's and A. If the Work is defective, or Contractor fails to supply Engineer's acceptance of materials or equipment to be sufficient skilled workers or suitable materials or incorporated in the Work; or acceptance of materials, mix equipment, or fails to perform the Work in such a way designs, or equipment submitted for approval prior to that the completed Work will conform to the Contract Contractor's purchase thereof for incorporation in the Documents, Owner may order Contractor to stop the Work. Such inspections, tests, or approvals shall be Work, or any portion thereof, until the cause for such performed by organizations acceptable to Owner and order has been eliminated; however, this right of Owner Engineer. to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of E. If any Work (or the work of others) that is to be Contractor, any Subcontractor, any Supplier, any other inspected, tested, or approved is covered by Contractor individual or entity, or any surety for, or employee or without written concurrence of Engineer, it must, if agent of any of them. requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13 .03 . E 13 .06 Correction or Removal of Defective Work shall be at Contractor's expense unless Contractor has A . Promptly after receipt of notice, Contractor shall given Engineer timely notice of Contractor's intention to correct all defective Work, whether or not fabricated, cover the same and Engineer has not acted with installed, or completed, or, if the Work has been rejected reasonable promptness in response to such notice. by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all 13.04 Uncovering Work claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, A. If any Work is covered contrary to the written request attorneys, and other professionals and all court or of Engineer, it must, if requested by Engineer, be arbitration or other dispute resolution costs) arising out of uncovered for Engineer' s observation and replaced at or relating to such correction or removal (including but Contractor' s expense. not limited to all costs of repair or replacement of work of others). B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or B . When correcting defective Work under the terms of tested by others, Contractor, at Engineer' s request, shall this Paragraph 13 .06 or Paragraph 13 .07, Contractor shall uncover, expose, or otherwise make available for take no action that would void or otherwise impair observation, inspection, or testing as Engineer may Owner' s special warranty and guarantee, if any, on said require, that portion of the Work in question, furnishing Work. all necessary labor, material, and equipment. 13 .07 Correction Period EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 34 A. If within one year after the date of Substantial A . If, instead of requiring correction or removal and Completion (or such longer period of time as may be replacement of defective Work, Owner (and, prior to prescribed by the terms of any applicable special Engineer's recommendation of final payment, Engineer) guarantee required by the Contract Documents) or by any prefers to accept it, Owner may do so. Contractor shall specific provision of the Contract Documents, any Work pay all claims, costs, losses, and damages (including but is found to be defective, or if the repair of any damages to not limited to all fees and charges of engineers, architects, the land or areas made available for Contractor's use by attorneys, and other professionals and all court or Owner or permitted by Laws and Regulations as arbitration or other dispute resolution costs) attributable to contemplated in Paragraph 6. 1 LA is found to be Owner's evaluation of and determination to accept such defective, Contractor shall promptly, without cast to defective Work (such costs to be approved by Engineer as Owner and in accordance with Owner' s written to reasonableness) and the diminished value of the Work instructions: to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to I . repair such defective land or areas; or Engineer' s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions 2. correct such defective Work; or in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the 3 . if the defective Work has been rejected by Contract Price, reflecting the diminished value of Work Owner, remove it from the Project and replace it with so accepted. If the parties are unable to agree as to the Work that is not defective, and amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05 . If the acceptance occurs 4, satisfactorily correct or repair or remove and after such recommendation, an appropriate amount will be replace any damage to other Work, to the work of paid by Contractor to Owner. others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms 13 .09 Owner May Correct Defective Work of Owner's written instructions, or in an emergency A . If Contractor fails within a reasonable time after where delay would cause serious risk of loss or damage, written notice from Engineer to correct defective Work or Owner may have the defective Work corrected or repaired to remove and replace rejected Work as required by or may have the rejected Work removed and replaced. All Engineer in accordance with Paragraph 13 .06.A , or if claims, costs, losses, and damages (including but not Contractor fails to perform the Work in accordance with limited to all fees and charges of engineers, architects, the Contract Documents, or if Contractor fails to comply attorneys, and other professionals and all court or with any other provision of the Contract Documents, arbitration or other dispute resolution costs) arising out of Owner may, after seven days written notice to Contractor, or relating to such correction or repair or such removal correct or remedy any such deficiency. and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by B. In exercising the rights and remedies under this Contractor. Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, C. In special circumstances where a particular item of Owner may exclude Contractor from all or part of the equipment is placed in continuous service before Site, take possession of all or part of the Work and Substantial Completion of all the Work, the correction suspend Contractor's services related thereto, take posses- period for that item may start to run from an earlier date if sion of Contractor's tools, appliances, construction so provided in the Specifications. equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or D. Where defective Work (and damage to other Work for which Owner has paid Contractor but which are stored resulting therefrom) has been corrected or removed and elsewhere. Contractor shall allow Owner, Owner' s replaced under this Paragraph 13 .07, the correction period representatives, agents and employees, Owner's other hereunder with respect to such Work will be extended for contractors, and Engineer and Engineer' s consultants an additional period of one year after such correction or access to the Site to enable Owner to exercise the rights removal and replacement has been satisfactorily complet- and remedies under this Paragraph. ed. C. All claims, costs, losses, and damages (including but E. Contractor' s obligations under this Paragraph 13 .07 not limited to all fees and charges of engineers, architects, are in addition to any other obligation or warranty . The attorneys, and other professionals and all court or provisions of this Paragraph 13 . 07 shall not be construed arbitration or other dispute resolution costs) incurred or as a substitute for or a waiver of the provisions of any sustained by Owner in exercising the rights and remedies applicable statute of limitation or repose. under this Paragraph 13 .09 will be charged against Contractor, and a Change Order will be issued incorpo- 13 .08 Acceptance of Defective Work rating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 35 an appropriate decrease in the Contract Price. If the 3 . The amount of retainage with respect to progress parties are unable to agree as to the amount of the payments will be as stipulated in the Agreement. adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05 . Such claims, costs, losses B . Review of Applications and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or I . Engineer will , within 10 days after receipt of damaged by correction, removal, or replacement of each Application for Payment, either indicate in Contractor's defective Work. writing a recommendation of payment and present the Application to Owner or return the Application to D. Contractor shall not be allowed an extension of the Contractor indicating in writing Engineer' s reasons Contract Times because of any delay in the performance for refusing to recommend payment. In the latter of the Work attributable to the exercise by Owner of case, Contractor may make the necessary corrections Owner's rights and remedies under this Paragraph 13.09. and resubmit the Application. 2 . Engineer's recommendation of any payment ARTICLE 14 - PAYMENTS TO CONTRACTOR AND requested in an Application for Payment will COMPLETION constitute a representation by Engineer to Owner, based on Engineer' s observations on the Site of the executed Work as an experienced and qualified 14.01 Schedule of Values design professional and on Engineers review of the Application for Payment and the accompanying data A. The Schedule of Values established as provided in and schedules, that to the best of Engineer's Paragraph 2.07.A will serve as the basis for progress knowledge, information and belief: payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress a. the Work has progressed to the point indicat- payments on account of Unit Price Work will be based on ed; the number of units completed. b. the quality of the Work is generally in accor- 14.02 Progress Payments dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole A. Applications for Payments prior to or upon Substantial Completion , to the results of any subsequent tests called for in the 1 . At least 20 days before the date established in the Contract Documents, to a final determination of Agreement for each progress payment (but not more quantities and classifications for Unit Price Work often than once a month), Contractor shall submit to under Paragraph 9.07, and to any other Engineer for review an Application for Payment qualifications stated in the recommendation); and filled out and signed by Contractor covering the Work completed as of the date of the Application and c. the conditions precedent to Contractor' s being accompanied by such supporting documentation as is entitled to such payment appear to have been required by the Contract Documents. If payment is fulfilled in so far as it is Engineer's requested on the basis of materials and equipment not responsibility to observe the Work . incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in 3 . By recommending any such payment Engineer writing, the Application for Payment shall also be will not thereby be deemed to have represented that: accompanied by a bill of sale, invoice, or other docu- mentation warranting that Owner has received the a. inspections made to check the quality or the materials and equipment free and clear of all Liens quantity of the Work as it has been performed and evidence that the materials and equipment are have been exhaustive, extended to every aspect covered by appropriate property insurance or other of the Work in progress, or involved detailed arrangements to protect Owner's interest therein, all inspections of the Work beyond the responsi- of which must be satisfactory to Owner, bilities specifically assigned to Engineer in the Contract Documents; or 2 . Beginning with the second Application for Payment, each Application shall include an affidavit b. that there may not be other matters or issues of Contractor stating that all previous progress between the parties that might entitle Contractor payments received on account of the Work have been to be paid additionally by Owner or entitle applied on account to discharge Contractor's Owner to withhold payment to Contractor. legitimate obligations associated with prior Applications for Payment. 4. Neither Engineer's review of Contractor' s Work for the purposes of recommending payments nor Engineer's recommendation of any payment, EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 36 including final payment, will impose responsibility D. Reduction in Payment on Engineer: L Owner may refuse to make payment of the full a. to supervise, direct, or control the Work, or amount recommended by Engineer because : b. for the means, methods, techniques, a. claims have been made against Owner on sequences, or procedures of construction, or the account of Contractor's performance or fumish- safety precautions and programs incident thereto, ing of the Work ; or b. Liens have been filed in connection with the c. for Contractor's failure to comply with Laws Work, except where Contractor has delivered a and Regulations applicable to Contractor' s specific bond satisfactory to Owner to secure the performance of the Work, or . satisfaction and discharge of such Liens; d. to make any examination to ascertain how or c. there are other items entitling Owner to a for what purposes Contractor has used the set-off against the amount recommended; or moneys paid on account of the Contract Price, or d. Owner has actual knowledge of the occur- e. to determine that title to any of the Work, rence of any of the events enumerated in materials, or equipment has passed to Owner free Paragraphs 14.02 .B.5 .a through 14.02 . B.5 .c or and clear of any Liens. Paragraph 15 .02.A. 5 . Engineer may refuse to recommend the whole or 2. If Owner refuses to make payment of the full any part of any payment if, in Engineer's opinion, it amount recommended by Engineer, Owner will give would be incorrect to make the representations to Contractor immediate written notice (with a copy to Owner stated in Paragraph 14.02 .B.2. Engineer may Engineer) stating the reasons for such action and also refuse to recommend any such payment or, promptly pay Contractor any amount remaining after because of subsequently discovered evidence or the deduction of the amount so withheld. Owner shall results of subsequent inspections or tests, revise or promptly pay Contractor the amount so withheld, or revoke any such payment recommendation any adjustment thereto agreed to by Owner and previously made, to such extent as may be necessary Contractor, when Contractor corrects to Owner's in Engineer' s opinion to protect Owner from loss satisfaction the reasons for such action. because: 3 . If it is subsequently determined that Owner's a, the Work is defective, or completed Work has refusal of payment was not justified, the amount been damaged, requiring correction or replace- wrongfully withheld shall be treated as an amount ment; due as determined by Paragraph 14.02 .C. 1 . b. the Contract Price has been reduced by 14.03 Contractor 's Warranty of Title Change Orders; A . Contractor warrants and guarantees that title to all c. Owner has been required to correct defective Work, materials, and equipment covered by any Work or complete Work in accordance with Application for Payment, whether incorporated in the Paragraph 13 .09; or Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. d. Engineer has actual knowledge of the occurrence of any of the events enumerated in 14.04 Substantial Completion Paragraph 15 .02 . A . A . When Contractor considers the entire Work ready for C. Payment Becomes Due its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially 1 . Ten days after presentation of the Application for complete (except for items specifically listed by Payment to Owner with Engineer's recommendation, Contractor as incomplete) and request that Engineer issue the amount recommended will (subject to the a certificate of Substantial Completion. provisions of Paragraph 14.02. D) become due, and when due will be paid by Owner to Contractor. 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. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright D 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 37 a certificate of Substantial Completion for that part of C. If Engineer considers the Work substantially com- the Work. plete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the 2 . Contractor at any time may notify Owner and date of Substantial Completion. There shall be attached to Engineer in writing that Contractor considers any the certificate a tentative list of items to be completed or such part of the Work ready for its intended use and corrected before final payment. Owner shall have seven substantially complete and request Engineer to issue days after receipt of the tentative certificate during which a certificate of Substantial Completion for that part of to make written objection to Engineer as to any provisions the Work. of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not 3 . Within a reasonable time after either such substantially complete, Engineer will within 14 days after request, Owner, Contractor, and Engineer shall make submission of the tentative certificate to Owner notify an inspection of that part of the Work to determine its Contractor in writing, stating the reasons therefor. If, after status of completion . If Engineer does not consider consideration of Owner' s objections, Engineer considers that part of the Work to be substantially complete, the Work substantially complete, Engineer will within Engineer will notify Owner and Contractor in writing said 14 days execute and deliver to Owner and Contractor giving the reasons therefor. If Engineer considers that a definitive certificate of Substantial Completion (with a part of the Work to be substantially complete, the revised tentative list of items to be completed or correct- provisions of Paragraph 14.04 will apply with respect ed) reflecting such changes from the tentative certificate to certification of Substantial Completion of that part as Engineer believesjustified after consideration of any of the Work and the division of responsibility in objections from Owner. respect thereof and access thereto. D. At the time of delivery of the tentative certificate of 4. No use or occupancy or separate operation of Substantial Completion , Engineer will deliver to Owner part of the Work may occur prior to compliance with and Contractor a written recommendation as to division of the requirements of Paragraph 5 . 10 regarding responsibilities pending final payment between Owner property insurance. and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, 14.06 Final Inspection insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform A. Upon written notice from Contractor that the entire Engineer in writing prior to Engineer's issuing the Work or an agreed portion thereof is complete, Engineer definitive certificate of Substantial Completion, will promptly make a final inspection with Owner and Engineer's aforesaid recommendation will be binding on Contractor and will notify Contractor in writing of all Owner and Contractor until final payment. particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately E. Owner shall have the right to exclude Contractor from take such measures as are necessary to complete such the Site after the date of Substantial Completion subject to Work or remedy such deficiencies. allowing Contractor reasonable access to complete or correct items on the tentative list. 14.07 Final Payment 14.05 Partial Utilization A. Application for Payment A. Prior to Substantial Completion of all the Work, I . After Contractor has, in the opinion of Engineer, Owner may use or occupy any substantially completed satisfactorily completed all corrections identified part of the Work which has specifically been identified in during the final inspection and has delivered, in the Contract Documents, or which Owner, Engineer, and accordance with the Contract Documents, all main- Contractor agree constitutes a separately functioning and tenance and operating instructions, schedules, usable part of the Work that can be used by Owner for its guarantees, bonds, certificates or other evidence of intended purpose without significant interference with insurance certificates of inspection, marked-up record Contractor' s performance of the remainder of the Work, documents (as provided in Paragraph 6. 12), and other subject to the following conditions. documents, Contractor may make application for final payment following the procedure for progress I . Owner at any time may request Contractor in payments. writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready 2 . The final Application for Payment shall be for its intended use and substantially complete. If and accompanied (except as previously delivered) by: when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to a. all documentation called for in the Contract Owner and Engineer that such part of the Work is Documents, including but not limited to the substantially complete and request Engineer to issue EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 38 evidence of insurance required by Paragraph 14.08 Final Completion Delayed 5 .04. 8.7; A. If, through no fault of Contractor, final completion of b. consent of the surety, if any, to final payment; the Work is significantly delayed, and if Engineer so confirms, Owner shall , upon receipt of Contractor' s final C. a list of all Claims against Owner that Application for Payment (for Work fully completed and Contractor believes are unsettled; and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance d. complete and legally effective releases or due for that portion of the Work fully completed and waivers (satisfactory to Owner) of all Lien rights accepted. If the remaining balance to be held by Owner arising out of or Liens filed in connection with for Work not fully completed or corrected is less than the the Work. retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01 , the written 3 . In lieu of the releases or waivers of Liens consent of the surety to the payment of the balance due specified in Paragraph 14. 07. A.2 and as approved by for that portion of the Work fully completed and accepted Owner, Contractor may furnish receipts or releases in shall be submitted by Contractor to Engineer with the full and an affidavit of Contractor that: (i) the Application for such payment. Such payment shall be releases and receipts include all labor, services, made under the terms and conditions governing final material, and equipment for which a Lien could be payment, except that it shall not constitute a waiver of filed; and (ii) all payrolls, material and equipment Claims. bills, and other indebtedness connected with the Work for which Owner or Owner's property might in 14.09 Waiver of Claims any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to A . The making and acceptance of final payment will furnish such a release or receipt in full, Contractor constitute: may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. 1 . a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled B . Engineer's Review of Application and Acceptance Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure I . If, on the basis of Engineer's observation of the to comply with the Contract Documents or the terms Work during construction and final inspection, and of any special guarantees specified therein, or from Engineer's review of the final Application for Contractor's continuing obligations under the Payment and accompanying documentation as re- Contract Documents; and quired by the Contract Documents, Engineer is satisfied that the Work has been completed and 2 . a waiver of all Claims by Contractor against Contractor's other obligations under the Contract Owner other than those previously made in Documents have been fulfilled, Engineer will, within accordance with the requirements herein and ten days after receipt of the final Application for expressly acknowledged by Owner in writing as still Payment, indicate in writing Engineer' s recommen- unsettled. dation 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 ARTICLE 15 - SUSPENSION OF WORK AND Contractor that the Work is acceptable subject to the TERMINATION provisions of Paragraph 14.09. Otherwise, Engineer Will return the Application for Payment to Contractor, indicating in writing the reasons for 15 .01 Owner May Suspend Work refusing to recommend final payment, in which case Contractor shall make the necessary corrections and A . At any time and without cause, Owner may suspend resubmit the Application for Payment. the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to C . Payment Becomes Due Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work 1 . Thirty days after the presentation to Owner of on the date so fixed. Contractor shall be granted an adjust- the Application for Payment and accompanying ment in the Contract Price or an extension of the Contract documentation, the amount recommended by Times, or both, directly attributable to any such Engineer, less any sum Owner is entitled to set off suspension if Contractor makes a Claim therefor as against Engineer's recommendation, including but provided in Paragraph 10.05. not limited to liquidated damages, will become due and , will be paid by Owner to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 39 15 .02 Owner May Terminate for Cause D. Notwithstanding Paragraphs 15 .02 . 8 and 15 .02 .C, Contractor' s services will not be terminated if Contractor A. The occurrence of any one or more of the following begins within seven days of receipt of notice of intent to events will justify termination for cause: terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 1 . Contractor' s persistent failure to perform the days of receipt of said notice. Work in accordance with the Contract Documents (including, but not limited to, failure to supply suffi- E . Where Contractor' s services have been so terminated cient skilled workers or suitable materials or equip- by Owner, the termination will not affect any rights or ment or failure to adhere to the Progress Schedule remedies of Owner against Contractor then existing or established under Paragraph 2 .07 as adjusted from which may thereafter accrue. Any retention or payment of time to time pursuant to Paragraph 6.04); moneys due Contractor by Owner will not release Contractor from liability. 2. Contractor' s disregard of Laws or Regulations of any public body having jurisdiction; F . If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 3 . Contractor's disregard of the authority of 5 .01 .A, the termination procedures of that bond shall Engineer; or supersede the provisions of Paragraphs 15.02. 8, and 15 .02.C . 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. 15 .03 Owner May Terminate For Convenience B. If one or more of the events identified in Paragraph A . Upon seven days written notice to Contractor and 15 .02.A occur, Owner may, after giving Contractor (and Engineer, Owner may, without cause and without surety) seven days written notice of its intent to terminate prejudice to any other right or remedy of Owner, the services of Contractor: terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items) : 1 . exclude Contractor from the Site, and take possession of the Work and of all Contractor' s tools, 1 . completed and acceptable Work executed in appliances, construction equipment, and machinery at accordance with the Contract Documents prior to the the Site, and use the same to the full extent they effective date of termination, including fair and could be used by Contractor (without liability to reasonable sums for overhead and profit on such Contractor for trespass or conversion), Work ; 2 . incorporate in the Work all materials and 2 . expenses sustained prior to the effective date of equipment stored at the Site or for which Owner has termination in performing services and furnishing paid Contractor but which are stored elsewhere, and labor, materials, or equipment as required by the Contract Documents in connection with uncompleted 3 . complete the Work as Owner may deem Work, plus fair and reasonable sums for overhead expedient. and profit on such expenses; C . If Owner proceeds as provided in Paragraph 15.02.6, 3 . all claims, costs, losses, and damages (including Contractor shall not be entitled to receive any further but not limited to all fees and charges of engineers, payment until the Work is completed. If the unpaid architects, attorneys, and other professionals and all balance of the Contract Price exceeds all claims, costs, court or arbitration or other dispute resolution costs) losses, and damages (including but not limited to all fees incurred in settlement of terminated contracts with and charges of engineers, architects, attorneys, and other Subcontractors, Suppliers, and others; and professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or 4. reasonable expenses directly attributable to relating to completing the Work, such excess will be paid termination. to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the B . Contractor shall not be paid on account of loss of difference to Owner. Such claims, costs, losses, and anticipated profits or revenue or other economic loss damages incurred by Owner will be reviewed by Engineer arising out of or resulting from such termination. as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When 15 .04 Contractor May Stop Work or Terminate exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for A . If, through no act or fault of Contractor, (i ) the Work is the Work performed. 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 40 within 30 days after it is submitted, or (iii) Owner fails for 3 . gives written notice to the other party of their 30 days to pay Contractor any sunt finally determined to intent to submit the Claim to a court of competent be due, then Contractor may, upon seven days written jurisdiction . 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 ARTICLE 17 - MISCELLANEOUS payment on the same terms as provided in Paragraph 15 .03 . B. In lieu of terminating the Contract and without 17.01 Giving Notice prejudice to any other right or remedy, if Engineer has A . Whenever any provision of the Contract Documents failed to act on an Application for Payment within 30 requires the giving of written notice, it will be deemed to days after it is submitted, or Owner has failed for 30 days have been validly given if: to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner I . delivered in person to the individual or to a and Engineer, stop the Work until payment is made of all member of the firm or to an officer of the corporation such amounts due Contractor, including interest thereon. for whom it is intended, or The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under 2 . delivered at or sent by registered or certified Paragraph 10.05 for an adjustment in Contract Price or mail, postage prepaid, to the last business address Contract Times or otherwise for expenses or damage known to the giver of the notice. directly attributable to Contractor's stopping the Work as permitted by this Paragraph. 17.02 Computation of Timer A. When any period of time is referred to in the Contract ARTICLE 16 - DISPUTE RESOLUTION 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 16.01 Methods and Procedures day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the A . Either Owner or Contractor may request mediation of computation. any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and 17.03 Cumulative Remedies binding. The mediation will be governed by the Construction Industry Mediation Rules of the American A. The duties and obligations imposed by these General Arbitration Association in effect as of the Effective Date Conditions and the rights and remedies available of the Agreement. The request for mediation shall be hereunder to the parties hereto are in addition to, and are submitted in writing to the American Arbitration not to be construed in any way as a limitation of, any Association and the other party to the Contract. Timely rights and remedies available to any or all of them which submission of the request shall stay the effect of are otherwise imposed or available by Laws or Regula- Paragraph 10.05 . E. tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of B. Owner and Contractor shall participate in the this Paragraph will be as effective as if repeated mediation process in good faith. The process shall be specifically in the Contract Documents in connection with concluded within 60 days of filing of the request. The each particular duty, obligation, right, and remedy to date of termination of the mediation shall be determined which they apply. by application of the mediation rules referenced above. 17.04 Survival of Obligations C. If the Claim is not resolved by mediation, Engineer' s action under Paragraph 10.05 .0 or a denial pursuant to A. All representations, indemnifications, warranties, and Paragraphs 10.05.C.3 or 10.05 .D shall become final and guarantees made in, required by, or given in accordance binding 30 days after termination of the mediation unless, with the Contract Documents, as well as all continuing within that time period, Owner or Contractor: obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the 1 . elects in writing to invoke any dispute resolution Work or termination or completion of the Contract or process provided for in the Supplementary termination of the services of Contractor. Conditions, or 17 .05 Controlling Law 2. agrees with the other party to submit the Claim to another dispute resolution process, or A . This Contract is to be governed by the law of the state in which the Project is located. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EXEC. All rights reserved. 00700 - 41 A. Article and paragraph headings are inserted for 17.06 Headings convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 42 SECTION 00800 SUPPLEMENTARY CONDITIONS INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES BOARD OF COMMISSIONERS 1840 25"' Street, Vero Beach, Florida 32960 � g1VER *�LORI�A SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS 6706-43015 - 155\10/ 17/07 00800- 1 V RB TABLE OF CONTENTS PART I - AMENDMENTS TO GENERAL CONDITIONS Article Number Title 1 DEFINITIONS AND TERMINOLOGY 2 PRELIMINARY MATTERS 3 CONTRACT DOCUMENTS ; INTENT, AMENDING, REUSE 4 AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS ; HAZARDOUS ENVIRONMENTAL CONDITIONS ; REFERENCE POINTS 5 BONDS AND INSURANCE 6 CONTRACTOR'S RESPONSIBILITIES 7 OTHER WORK AT THE SITE 8 OWNER'S RESPONSIBILITIES 9 ENGINEER'S STATUS DURING CONSTRUCTION 11 COST OF THE WORK; ALLOWANCES ; UNIT PRICE WORK 12 CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 13 TESTS AND INSPECTIONS ; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14 PAYMENTS TO CONTRACTOR AND COMPLETION 15 SUSPENSION OF WORK AND TERMINATION 16 DISPUTE RESOLUTION 17 MISCELLANEOUS PART II - DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE 6706-43015- 155\ 10/ 17/07 00800-2 V RB SUPPLEMENTARY CONDITIONS PART I - AMENDMENTS TO GENERAL CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC Document No. C-700, 2002 edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. ARTICLE I - DEFINITIONS AND TERMINOLOGY SC- 1 . 01 A . 37 Delete paragraph 1 . 0I . A . 37 of the General Conditions in its entirety and replace with the following: 37 . RESIDENT PROJECT REPRESENTATIVE — An authorized representative of the OWNER assigned to observe the Work performed and materials furnished by the CONTRACTOR or such other person as may be appointed by the OWNER as OWNER ' S representative . The CONTRACTOR shall be notified in writing of the identity of this representative . ARTICLE 2 - PRELIMINARY MATTERS SC-2.01B . Delete paragraph 2 .01B of the General Conditions in its entirety and replace with the following : B . Before any Work at the site is started, Contractor shall deliver to Owner, with copies to Engineer, certificates of insurance, which Contractor is required to purchase and maintain in accordance with the requirements of the Contract Documents. SC 2 .03A Delete paragraph 2 .03A of the General Conditions in its entirety, and replace with the following: The Contract Times will commence to run on the day indicated in the Notice to Proceed . A Notice to Proceed may be given at any time within 60 days after the Effective Date of the Agreement. SC 2.05A1 Add the following immediately at the end of subparagraph 2 .05A1 : using the Critical Path Method (CPM) . SC 2 . 05A .4 Add new subparagraph 4 after the existing text of 2 . 05 of the General Conditions : 4. If this Project is an addition to an existing working plant, then the Contractor shall coordinate with the Owner on tie-ins. The Owner shall have final say on plant shut down times and duration to make tie- ins. ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, AMENDING , REUSE SC-3 . 01C 6706-43015 - 155\ 1 0/ 17/07 00800-3 V RB Add anew paragraph immediately after Paragraph 3 .01 C of the General Conditions which is to read as follows: D . Each and every provision of law and clause required by law to be inserted in these Contract Documents shall be deemed to be inserted herein, and they shall be read and enforced as though it were included herein SC3 . 03A . 3 Delete existing 3 .03A . 3 of the General Conditions in its entirety and replace it with the following: Contractor shall not be liable to Owner or Engineer for failure to report any such conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor knew or, in the exercise of ordinary care, reasonably should have recognized such conflict, error, ambiguity, or discrepancy and failed to report it in writing to the Owner and the Engineer. SC 3 . 03B Delete existing 3 . 0313 of the General Conditions in its entirety and replace it with the following B . Resolving Discrepancies. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall be read together as a whole not in isolation so as to give meaning to each provision; however, to the extent there is a conflict or inconsistency between or among provisions, the strictest or most stringent standard shall apply. ARTICLE 4 - AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS ; HAZARDOUS ENVIRONMENTAL CONDITIONS ; REFERENCE POINTS SC 4 .O1A Delete existing paragraph 4. 01A of the General Conditions in its entirety and replace it with the following: A . Owner shall famish the site. SC 4.01 B Delete existing subparagraphs 4.01 B of the General Conditions in their entirety SC 4.02A Delete 4. 02 A . 1 of the General Conditions in its entirety and replace it with the following: A . Reports and Drawings : The Contract Documents may identify those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents. Engineer has relied upon the data obtained from subsurface investigations made at the site in the form of test borings . Such data is in the form of boring logs, which are available upon request. Such logs and samples are not part of the Contract Documents. SC-4.02A .2. Add the following new sentences immediately at the end of existing paragraph 4.02A.2 . of the General Conditions which is to read as follows : In the preparation of Drawings and Specifications, the Engineer has relied upon the reports listed in Section 00200 and tests of subsurface physical conditions at the site. Copies of these reports are available upon request. The foregoing information and data shown or indicated in the Contract Documents is based on information and data famished to Owner or the Engineer by others. The Owner and Engineer shall not be 6706-43015 - 155\ 10/ 17/07 008004 V RB responsible for the accuracy or completeness of any such information or data, and the Contractor shall have full responsibility for requesting, reviewing, and checking all such information and data. Sc 4.03A Delete 4.03 A of the General Conditions in its entirety and replace it with the following : A . Notice. The Contractor shall promptly, and before such conditions are disturbed, and in no event later than 10 days after first observance of the conditions. Notify the Owner and Engineer in writing of: ( 1 ) subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or (2) unknown physical conditions at the site of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in this Contract. The Owner will promptly investigate the conditions, and if it finds that such conditions do materially so differ and cause an increase or decrease in the Contractor' s cost of, or the time required for, performance of any part of the Work under this Contract, a Change Order shall be issued accordingly based on the Schedule of Values and executed by the Owner and the Contractor. Contractor' s failure to Provide notice upon discovery of the differing site condition shall waive any entitlement to such an adjustment in the Contract Price or Contract Time. Further, no Claim of the Contractor under this paragraph 4.03A shall be allowed unless the Contractor has given the notice as required in this paragraph 4.03A . SC 4.03C 1 Delete subparagraph 4 .03C 1 of the General Conditions in its entirety. SC 4.03 -C . 3 : Delete the words: "arbitration or" in line 10 of paragraph 4.03 -C. 3 of the General Conditions. SC-4.05A . Add the following new paragraph immediately after paragraph 4. 05A. of the General Conditions to read as follows: B. RESIDENT PROJECT REPRESENTATIVE may check the lines, elevations, reference marks, batter boards, etc . , set by Contractor, and Contractor shall correct any errors disclosed by such check. Such a check shall not be considered as approval of Contractor's work and shall not relieve Contractor of the responsibility for accurate construction of the entire Work. Contractor shall furnish personnel to assist RESIDENT PROJECT REPRESENTATIVE in checking lines and grades. SC 4.06D Delete the last sentence of paragraph 4.06D of the General Conditions in its entirety SC 4.06G Delete paragraph 4. 06G of the General Conditions in its entirety. ARTICLE 5 - BONDS AND INSURANCE SC 5 .01A Add the following sentence immediately after the existing text in paragraph 5 .OIA of the General Conditions : Pursuant to Florida Statutes section 255. 05 ( 1 )(a) (2005 ), any claimant (as such term is defined in Florida Statutes section 713 .01 ) may apply to Indian River County as Owner for copies of the Agreement and the recorded payment and performance bonds and shall thereupon be furnished with certified copies of such documents . SC 5 .0313 Delete existing paragraph 5 .0313 of the General Conditions in its entirety 6706-43015 - 155\ 10/ 17/07 00800-5 V RB SC 5 .04B Delete existing paragraph 5 .04B of the General Conditions in its entirety and replace with the following : B . The Contractor shall not commence Work under the Agreement until it has obtained all insurance required under the Agreement and the Indian River County Risk Manager has approved such insurance . The Contractor shall procure and maintain, for the duration of the Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the Contract Price C . The insurance required by paragraph 5 . 04A of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations : 1 . Workers ' Compensation: To meet statutory limits in compliance with the Workers ' s Compensation Law of Florida. This policy must include employers' liability with a limit $500,000 for each accident, $ 500,000 disease policy limit and $ 100,000 disease each employee. Such policy shall include a waiver of subrogation as against Owner on account of injury sustained by an employee(s) of the Contractor. 2 . Commercial General Liability: A per occurrence form policy, including Premise Operations, Independent Contractors, Products and Completed Operations including X, C, U (Explosion, Collapse, Underground) Broad Form Property Damage, Broad Form Property Damage Endorsement, with a combined single limit of not less than $3 ,000,000 general aggregate to include products/completed operations, personal injury/advertising liability, fire damage /legal liability, and medical payments. Limits can be layered with an Excess Liability Policy (Umbrella). 3 . Business Auto Liability: Coverage shall include Owned vehicles and Hired/Non-Owned vehicles, for a combined single limit (bodily injury and property damage) of not less than $3 ,000,000/combined single limit (Bodily Injury/Property Damage) ; personal injury protection -- statutory limits; $ 1 ,000,000 uninsured/underinsured motorist; $ 1 ,000,000/hired/non-owned auto liability. Limits can be layered with Excess Liability Policy (Umbrella). 4. Contractor' s Builders ' Risk "All Risk" Insurance : — All risk coverage with limits equal to one hundred percent ( 100%) of the completed value of the Work. There shall be a waiver of occupancy endorsement to enable the Owner to occupy the facility under construction during such activity. The policy must be endorsed to provide machinery/equipment endorsement during transit and installation, and Owner direct purchase materials, if any. The maximum deductible under this coverage is $ 10,000 per claim, except Wind Storm coverage which will have a maximum deductible equal to 2 percent of the completed value of the work. 5 . Flood Insurance - Contractor shall maintain coverage when the buildings or structures are located within an identified special flood hazard area. Such flood insurance shall protect the interests of the Contractor and the County and shall be afforded for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Insurance Program. D . Insurance Requirements — Ten ( 10) days prior to the commencement of any Work under the Contract, a certificate of insurance shall be provided to the Indian River County Risk Manager for review and approval. The certificate shall provide that: (a) Indian River County (as Owner) and PBS &.l (as Engineer) be named as an additional insured on the commercial general liability, auto liability, and Contractor' s Builders ' Risk "All Risk" insurance policies ; (b) the Contractor' s insurance coverage shall be primary; and (c) Indian River County (as Owner) and PBS &J (as Engineer). will be given thirty (30) days ' notice prior to cancellation or modification of any required insurance and such notice shall be in writing by registered 6706-43015 - 155\ 10/ 17/07 00800-6 VRB mail , return receipt requested and addressed to the Indian River County Risk Manager. It shall be the responsibility of the Contractor to ensure that all subcontractors comply with all insurance requirements of this Contract E . All coverage shall be maintained without interruption from date of commencement of Work until date of final payment. F . All insurers must be authorized to do business in Florida and have a Best Key Rating of A- VIII . G . The insurance companies selected shall send written verification to the Indian River County Risk Manager that they will provide 30 days prior written notice to the Indian River County Risk Manager of its intent to cancel or modify any required policies of insurance. SC 5 .05 Delete existing paragraph 5 .05 of the General Conditions in its entirety. SC-5 .06 Delete existing paragraph 5 .06 of the General Conditions in its entirety. SC-5 .07 Delete existing paragraph 5 .07 of the General Conditions in its entirety and replace with the following. A . All insurance policies provided by the Contractor shall contain provisions to the effect that the insurer waives all rights of subrogation against any of the insured, additional insured, (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) Owner and the Engineer. SC-5 .08 Delete existing paragraph 5 .08 of the General Conditions in its entirety. SC -5 .09 Delete existing paragraph 5 .09 of the General Conditions in its entirety. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC 6.01B Delete paragraph 6 .01B of the General Conditions in its entirety, and replace with the following: 6 . 01B The Contractor shall employ a competent superintendent and necessary assistants who shall be assigned to, and in attendance at, the Project site during performance of the Work. The superintendent shall be reasonably satisfactory to the Owner. So long as the superintendent remains employed by the Contractor or any related entity, the superintendent shall not be replaced without the Owner' s prior written consent, except under extraordinary circumstances. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. SC-6 .0213 Add the following new paragraphs immediately after paragraph 6.02B . of the General Conditions which are to read as follows: C . Regular working hours are defined as 8 hours per day, Monday through Friday, excluding holidays, between the hours of 7 : 00 AM and 7 : 00 PM . Requests to work other than regular working hours shall be submitted to Engineer not less than 48 hours prior to any proposed weekend work or scheduled extended work weeks. Occasional unscheduled overtime on weekdays may be permitted provided two hours notice is given to Engineer. 6706-43015 - 155\ 10/ 17/07 00800-7 VRB D . Contractor shall reimburse the Owner for additional engineering and/or inspection costs incurred as a result of overtime work in excess of the regular working hours stipulated in Article SC -6 . 02C . At Owner's option, overtime costs may either be deducted from the Contractor's monthly payment request or deducted from the retainage prior to release of final payment. Overtime costs for the Owner's personnel shall be based on the individual's current overtime wage rate. Overtime costs for personnel employed by the Engineer or Owner's independent testing laboratory shall be calculated in accordance with the terms of their respective contracts with the Owner. SC 6 .04A. 1 Add the following sentence immediately after the existing text in paragraph 6 .04 A . l of the General Conditions : Additionally, any and all changes to the Project' s critical path must be reflected in each Project schedule. SC-6. 04.A .3 Add the following paragraph immediately after paragraph GC-6 .04 .A .2 of the General Conditions: Contractor shall give Owner full information in advance as to its plans for performing each part of the Work. If at any time during the progress of Work, Contractor's actual progress is inadequate to meets the requirements of the Contract, Owner may, but is not obligated to, so notify Contractor. In such event, Contractor acknowledges and agrees that Contractor shall implement some or all of the following remedial actions at the sole cost and expense of Contractor: (a) Increase manpower in such quantities and crafts as necessary to eliminate the backlog of Work; (b) Increase the number of working hours per shift, shifts per working day, working days per week, the amount of construction equipment, or any combination of the foregoing to eliminate the backlog of Work; or (c) Reschedule the Work in conformance with the specification requirements. Neither such notice by Owner nor Owners failure to issue such notice shall relieve Contractor of its obligation to achieve the quality of Work and rate of progress required by the Contract. Failure of Contractor to implement some or all of the remedial actions may be grounds for determination by Owner that Contractor is not prosecuting its Work with such diligence as will assure completion within times specified. Upon such determination, Owner may terminate Contractor's right to proceed with the performance of the Contract, or any separable part thereof, in accordance with the applicable provisions of this Contract. SC-6.06A Delete Paragraph 6. 06A of the General Conditions in its entirety and replace with the following: A . Contractor shall not employ any Subcontractor, Supplier or other person or organization, ( including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute, against whom Owner may have reasonable objection . Acceptance of any Subcontractor, Supplier or other person or organization by Owner shall not constitute a waiver of any right of Owner to reject defective Work. Contractor shall not be required to employ any Subcontractor, Supplier or other person or organization against whom Contractor has reasonable objection . SC-6.06B Delete Paragraph 6 .06B of the General Conditions in its entirety. SC-6 . 08 Add the following sentence immediately after the existing text: Contractor acknowledges that the foregoing items are governed by the provisions of Florida Statutes section 218 . 80 (2005), Public Bid Disclosure Act. SC 6 . 11 A . 3 : Delete the words : "arbitration or" in line 9 of paragraph 6. 11 A . 3 of the General Conditions. 6706-43015 - 155\ 10/ 17/07 00800-8 VRB SC 6 . 19A : Delete Paragraph 6 . 19A . of the General Conditions in its entirety and replace with the following: A. Contractor warrants and guarantees to Owner for one ( 1 ) year from the date of Final Completion that all Work will be in accordance with the Contract Documents and will not be defective ; provided, however, that manufacturer equipment warranties may be of a longer duration . SC -6 .20A Delete paragraph 6.20A of the General Conditions in its entirety. SC -6 .21E Delete paragraph 6.21 E of the General Conditions in its entirety and replace with the following: E . Contractor shall not be responsible for the adequacy of the performance criteria or design criteria required by or contained in the Contract Documents. ARTICLE 8 OWNER'S RESPONSIBILITIES SC- 8 .01 Delete paragraph 8 .01 of the General Conditions in its entirety and replace with the following: Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through RESIDENT PROJECT REPRESENTATIVE SC-8 .02 Delete paragraph 8 .02 of the General Conditions in its entirety and replace with the following: If Owner terminates the employment of Engineer, Owner may appoint another engineer whose status under the Contract Documents shall be that of the former Engineer. SC- 8 . 04 Delete paragraph 8 .04 of the General Conditions in its entirety and replace with the following: Payments under this contract are governed by the Local Government Prompt Payment Act, Florida Statutes section 218 .70 et. seq. , SC-8 .06 Delete paragraph 8 .06 of the General Conditions in its entirety. SC-8 . 11 Delete paragraph 8 . 1 1 of the General Conditions in its entirety. ARTICLE 9 - ENGINEER 'S STATUS DURING CONSTRUCTION SC-9 . 0IA . Delete paragraph 9 .01A . in its entirety and replace with the following: The OWNER shall designate the OWNER ' S REPRESENTATIVES during the construction period . The duties and responsibilities and the limitations of authority of the ENGINEER as one of the OWNER ' S 6706-43015- 155\10/ 17/07 00800-9 V RB REPRESENTATIVES during construction are set forth in Articles I through 17 of these General Conditions and shall not be extended without written consent of the Indian River County Board of County Commissioners . SC-9 . 01 Add the following new paragraphs immediately after paragraph 9 . 01 A . of the General Conditions which are to read as follows: B . The ENGINEER ' S decision in matters relating to aesthetics, shall be final , if within the terns ofthe Contract Documents and as long as such decisions shall not result in an increase in contract time or contract price . C . Except as may be otherwise provided in the Agreement or elsewhere in the Contract Documents, all claims, counter-claims, disputes and other matters in question between the OWNER and the CONTRACTOR arising out of or relating to the Agreement or the breach thereof will be decided in a court of competentjurisdiction with the State in which the OWNER is located . SC -9 . 02A . Delete the first sentence of paragraph 9 .02A . of the General Conditions in its entirety and replace with the following: A . Engineer will make visits to the Site at intervals appropriate to the various stages of constmction as Engineer deems necessary in order to observe as an experienced and qualified Engineer the progress that has been made and the quality-of the various aspects of Contractor' s executed Work . SC-9 .03A Add the following new paragraph immediately after paragraph 9 .03A of the General Conditions which is to read as follows : B . Owner will furnish a RESIDENT PROJECT REPRESENTATIVE to assist OWNER and ENGINEER in providing more extensive observation of the Work. Contractor is responsible to give 24-hour notice on all required inspections so that the RESIDENT PROJECT REPRESENTATIVE may be present. SC 9 .04A Delete the third sentence of paragraph 9.04A of the General Conditions in its entirety and replace with the following : However, if Contractor claims entitlement to additional time or money as a result of the Field Order, such entitlement is conditioned upon obtaining a Change Order authorized and executed by Owner after timely making a Claim as provided in the Contract Documents. SC 9 . 06A . Delete the word "ENGINEER" in all instances in the first sentence of paragraph 9 . 06A . of the General Conditions and replace with the following: "ENGINEER , OWNER ' S REPRESENTATIVE or RESIDENT PROJECT REPRESENTATIVE" SC 9 .08 -A . Delete the word "ENGINEER " in the first sentence of paragraph 9 .08A . of the General Conditions and replace with the following : "ENGINEER , OWNER ' S REPRESENTATIVE or RESIDENT PROJECT REPRESENTATIVE" 670643015 - 155\ 10/ 17/07 00800- 10 V RB SC 9 . 08-A . Delete the second sentence of 9 . 08A of the General Conditions in its entirety and replace with the following : Except for: (a) Claims for differing substutace or physical conditions governed by paragraph 4 .03 ; and ( b) claims for time extensions governed by paragraph 12 . 03 , 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 15 days after occurrence of the event giving rise to such Claim or within 15 days after the claimant first recognizes the condition giving rise to the Claim , whichever is later; provided, however, the Owner shall make all final determination of such matters. SC 9 .08-C Delete paragraph 9 . 08-C of the General Conditions in its entirety SC 9 . 08-D Delete paragraph 9 . 08-D of the General Conditions in its entirety SC 10 . 03 A .3 Delete subparagraph 10.03 . A. 3 of the General Conditions in its entirety SC 10 .05 .A Delete paragraph 10. 05 .A of the General Conditions in its entirety and replace with the following: A. All Claims shall initially be referred to the Engineer for decision . SC 10 .05 .13 Delete paragraph 10. 05 . 13 of the General Conditions in its entirety and replace with the following: Except for: (a) Claims for differing subsurface or physical conditions governed by paragraph 4.03 ; and (b) claims for time extensions governed by paragraph 12 . 03 , Claims by either party shall be initiated within 15 days after occurrence of the event giving rise to such Claim or within 15 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later, by written notice of the amount or extent of the Claim, dispute, or other matter with supporting data to the Engineer and the other party by written notice stating the general nature of each Claim, dispute, or other matter delivered by the claimant to Engineer and the other party to the Contract. A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12 .01 .13 . A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12 .02.13 . No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Contract. SC 10 .05 C Delete paragraph 10 .05C of the General Conditions in its entirety. SC 10. 05 D and E Delete paragraphs 10.05 .1) and E of the General Conditions in their entirety ARTICLE 1 I - COST OF THE WORK; ALLOWANCES ; UNIT PRICE WORK SC- 11 .02A Delete paragraph 11 .02 .A of the General Conditions in its entirety and replace with the following: 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 as may be acceptable to OWNER. 6706-43015 - 155\ 10/ 17/07 00800- 11 VRB Delete paragraphs 11 .0213 through D of the General Conditions in their entirety. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES SC 12 . 01 C Delete " 15 percent' in line 2 of paragraph 12 .01 C2 . a of the General Conditions and replace with " 10 percent' . SC12 .01C Delete " 15 percent" in line 6 of paragraph 12 . 01C . 2 .c of the General Conditions and replace with " 10 percent'. 12 .03A and B Delete paragraphs 12 .03 .A and 12 .0313 of the General Conditions in their entirety and replace with the following: A . Where Contractor is delayed or prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if ( 1 ) a Claim is made therefore as provided in paragraph 12 .02 .A and (2) Contractor provides evidence that the delay impacted the critical path of the Project. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, Fres, floods, abnormal weather conditions or acts of God. The Contractor must request the extension of time in writing and must provide the following information within the time periods stated hereafter. Failure to submit such information and in compliance with the time requirements hereinafter stated, shall constitute a waiver by the Contractor and a denial of the claim for extension of time : 1 . Nature of the delay or change in the Work; 2 . Dates of commencement and cessation of the delay or change in the Work; 3 . Activities on the current progress schedule affected by the delay or change in the Work; 4 . Identification and demonstration that the delay or change in Work affects the critical path; 5 . Identification of the source of delay or change in the Work; 6 . Anticipated extent of the delay or change in the Work; and 7 . Recommended action to minimize the delay. B . Contractor hereby affirms that the extension of time granted herein is the Contractor's sole and exclusive remedy. Apart from extension of time, no payment or claim for damages shall be made to the Contractor as compensation for damages for any delays or hindrances from any cause whatsoever in the progress of the Work whether such delay is avoidable or unavoidable . SC 12 .03C Delete paragraph 12 .03 . 0 of the General Conditions in its entirety. SC 12 . 03D Delete paragraph 12 .03D of the General Conditions in its entirety and replace with the following: In no event shall Owner, Engineer, or the Related Entities of either of them be liable to Contractor, any Subcontractor, any Supplier, any other person or organization, or any surety for or employee or agent of any of them, for any claim, cost, loss, or damages of any nature whatsoever arising out of or resulting from delays. ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 6706-43015 - 155\ 10/ 17/07 00800- 12 VRB SC 13 . 04C Delete the words : "arbitration or" in line 10 of paragraph 13 .04 .0 of the General Conditions. SC 13 .06A Delete the words : "arbitration or" in line 9 of paragraph 13 .06 .A of the General Conditions. SC I3 .07A Add the following sentence at the beginning of paragraph 13 .07 .0 of the General Conditions : The Owner and Contractor agree that a warranty inspection shall be scheduled no later than eleven ( 1 1 ) months after final payment under this Contract so that the Owner and the Contractor may inspect and otherwise examine the Work prior to the expiration of the Performance Bond SC 13 .07E Delete paragraph 13 . 07E of the General Conditions in its entirety and replace with the following: 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 any way to limit the Contractor' s continued liability for defective Work, including latent defects. SC 13 . 08A TWO changes : 1 . Delete the words : "arbitration or" in line 8 of paragraph 13 .08 .A of the General Conditions. 2 . Delete the phrase "(such costs to be approved by Engineer as to reasonableness)" in lines 10 and I I of paragraph 13 . 08 .A of the General Conditions. 13 . 09C Delete the words: "arbitration or" in line 4 of paragraph 13 . 09.0 of the General Conditions. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC- 14.02A . 1 Delete the first sentence of paragraph 14 .02 .A . I of the General Conditions in its entirety and replace with the following : On or before the tenth ( 10") day of each month, the Contractor shall submit completed partial progress payment requests to the Engineer, as set forth herein. Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application for Payment and accompanied by such supporting documentation as is required by the Contract Documents. Such supporting documents shall include but not be limited to, the required Contractor' s certification ; retainage as set forth in the Agreement; and a monthly dated CPM schedule for the Project. The Contractor shall make the following certification (Affidavit) on each Application for Payment: "I hereby certify that the labor and materials listed on this Application for Payment have been used in the construction of this Work and payment received from the last request for payment has been used to make payments to all subcontractors, laborers, material, men and suppliers except as listed below : "All payments by Indian River County as Owner shall be made in accordance with the Local Government Prompt Payment Act. Florida Statutes section 218 .70 et. seq. SC- 14.02A. 3 Add a new paragraph immediately after paragraph 14.02A .3 of the General Conditions, which is to read as follows : 4 . Contractor shall furnish satisfactory proof to Owner and Engineer that payment received from Owner for materials and equipment not incorporated into the Work and suitably stored, has in fact been paid to the 6706-43015 - 155\ 10/ 17/07 00800- 13 V RB respective supplier( s) within ten ( 10) days of Contractor' s receipt of payment from Owner. Failure to provide such evidence of payment shall result in the withdrawal of previous approval(s) and removal of the cost of related materials and equipment from the next submitted Application for Payment, and shall be deemed a default under the Contract. SC- 14 .02C . I Delete paragraph 14.02 .0 of the General Conditions in its entirety and replace with the following : All payments by Indian River County as Owner shall be made in accordance with the Local Government Prompt Payment Act. Florida Statutes section 218 . 70 et. seq . SC- 14 .02D . Ld Delete paragraph 14. 02D . 1 . d of the General Conditions in its entirety and replace with the following: d. OWNER has actual knowledge of the occurrence or-probable 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 . SC- 14 .02D .2 Delete paragraph 14.02D. 2 of the General Conditions in its entirety and replace with the following: If Owner refuses to make payment of the full amount recommended by Engineer, Owner shall provide notice to Contractor in accordance with the provisions of the Local Government Prompt Payment Act. Florida Statutes section 218 . 70 et. seq. and pay Contractor any amount remaining after deduction of the amount so withheld in accordance with the provisions of the Local Government Prompt Payment Act. Florida Statutes section 218 . 70 et. seq. Owner shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, in accordance with the provisions of the Local Government Prompt Payment Act. Florida Statutes section 218 .70 et. seq . SC- 14. 03A . Add the following sentences to the end of the existing paragraph 14.03A of the General Conditions as follows : No materials or supplies for the Work shall be purchased by Contractor or Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. Contractor warrants that Contractor has good title to all materials and supplies used by Contractor in the Work, free from all liens, claims or encumbrances. SC- 14.04C . Delete paragraph 14 .04C of the General Conditions in its entirety and replace with the following: If Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion that shall fix the date of Substantial Completion . In accordance with the provisions of Florida Statutes section 208 . 735(7)(a)(2005), upon receipt of the tentative certificate of Substantial Completion from Engineer, the Owner, the Engineer, and the Contractor shall conduct a walk- through inspection of the Project to document a list of any items required to render the Work on the Project complete, satisfactory, and acceptable under this Agreement (herein the "Statutory List") . The Statutory List shall be reduced to writing and circulated among the Owner, the Engineer, and the Contractor by the Owner or the Engineer within 30 calendar days after substantial completion. The Owner and Contractor acknowledge and agree that: 1 ) the failure to include any corrective work, or pending items that are not yet completed, on the Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this Agreement; 2) upon completion of all items on the Statutory List, the Contractor may submit a pay request for all remaining retainage except as otherwise set forth in this Agreement; and 3) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner' s satisfaction under this 6706-43015- 155\ 10/ 1 7/07 00800- 14 V RB Agreement. After receipt of the Statutory List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project. SC 14 . 04D Delete paragraph 14 .04D of the General Conditions in its entirety and replace with the following : 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. SC 14 .07A . 3 Delete paragraph 14. 07A. 3 of the General Conditions in its entirety. SC- 14 .0713 . 1 Delete paragraph 14. 07B . I of the General Conditions in its entirety and replace with the following : 1 . If, on the basis of Engineer's observation of the Work during construction and final inspection , and Engineer's review of the final Application for Payment and accompanying documentation, all as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will indicate, within twenty days after receipt of the final Application for Payment, in writing Engineer's recommendation of payment and present the Application to Owner for payment. Thereupon Engineer will give written notice to Owner and Contractor that the Work is acceptable. 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. SC- 14.07 . C. I Delete paragraph GC- 14.07. C. I in its entirety and replace with the following : Payment shall be made by Owner to Contractor according to the Local Government Prompt Payment Act, Florida Statutes section 218 . et.seq. SC 14 . 08 Delete paragraph 14 .08 of the General Conditions in its entirety. SC 14. 09 Delete paragraph 14 .09 of the General Conditions in its entirety. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION SC- 15 .02 .A. I Delete subparagraph 15 . 02 .A . I of the General Conditions in its entirety, and replace with the following: 1 . Contractor' s persistent failure to perform the Work in accordance with the Contract Documents; SC- I5 .02 .A .4 Delete subparagraph 15 . 02 .A .4 of the General Conditions in its entirety, and replace with the following : 4. Contractor' s violation of any material provisions of the Contract Documents. SC 15 . 02.A.5 and 6 : Add the following new subparagraphs at the end of paragraph GC- 15 . 02 . A 6706-43015- 155\ 1 0/ 17/07 00800- 15 V RB 5 . Failure of Contractor to make proper payments to Subcontractors for labor, materials or equipment in connection with the Work; 6. If Contractor abandons the Work, or assigns Contractor any part thereof, without the previous written consent of Owner, otherwise than in accordance with the Contract Documents. SC- 15 .02 .0 Delete the words : "arbitration or" in line 7 of paragraph 15 .02 .0 of the General Conditions . SC - 15 . 03 . A . 3 Delete subparagraph 15 .03 , A. 3 of the General Conditions in its entirety. SC 15 . 02 . G Add the following new paragraph immediately following paragraph 15 .021 of the General Conditions : G . If, after termination of the Contract by the Owner for cause as set forth in paragraph 15 .02 , it is determined that the Contractor had not failed to fulfill its contractual obligations, the termination under paragraph 15 .02 shall be deemed to have been for the convenience of the Owner. In such event, adjustment of the contract price shall be made as provided in paragraph 15 .03 . ARTICLE 16 - DISPUTE RESOLUTION SC- 16 .01A Delete the paragraph 16.01A of the General Conditions in its entirety and replace with the following : A. Prior to the filing of any suit or other legal proceedings, the parties shall endeavor to resolve claim disputes or other matters in question by mediation. Mediation shall be initiated by any party by serving a written request for same on the other party. The parties shall, by mutual agreement, select a circuit court mediator as certified by the Supreme Court of Florida within 15 days of the date of the request for mediation. If the parties cannot agree on the selection of a circuit court mediator as certified by the Supreme Court of Florida, then the Owner shall select the mediator, who shall be a circuit court mediator as certified by the Supreme Court of Florida. The mediator's fee shall be paid in equal shares by Owner and Contractor. SC 16 .01 .C. Delete paragraph 16.01 C of the General Conditions in its entirety and replace with the following C . Contractor shall carry on the Work and maintain the progress schedule during the dispute resolution proceedings, unless otherwise agreed by Contractor and Owner in writing. ARTICLE 17 - MISCELLANEOUS SC 17 . 01A Delete paragraph 17 .01A of the General Conditions in its entirety and replace with the following Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown in the Agreement. Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i . e. , printed) after 5 :00 p.m . or on weekends or 6706-43015- 155\ 10/ 17/07 00800- 16 V RB holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this paragraph, by written notice to the other party given in accordance with the provisions of this paragraph . (Remainder of Page Intentionally Left Blank) 6706-43015- 155\10/ 17/07 00800- 17 VRB PART II — DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE 1 . GENERAL Resident Project Representative is OWNER ' S Agent, will act as directed by and under the supervision of OWNER, and will confer with ENGINEER regarding his actions. Resident Project Representative's dealings in matters pertaining to the on-site Work shall in general be only with OWNER and CONTRACTOR, and dealings with Subcontractors shall only be through or with the full knowledge of CONTRACTOR . Written communication with ENGINEER will be only through or as directed by OWNER. 2 . DUTIES AND RESPONSIBILITIES Resident Project Representative will : I . Schedules : Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning their acceptability. 2 . Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings, and maintain and circulate copies of minutes thereof. 3 . Liaison : 4 . Serve as OWNER ' S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent and assist him in understanding the intent of the Contract Documents . Assist OWNER in serving as OWNER'S liaison with CONTRACTOR when CONTRACTOR'S operations affect OWNER'S on-site operations. 5 . As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required at the job site for proper execution of the Work. 6. Shop Drawings and Samples: a. Receive and record date of receipt of Shop Drawings and samples, receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of their availability for examination. b. Advise ENGINEER and CONTRACTOR or his superintendent immediately of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER. 7 . Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on-site observations of the Work in progress to assist OWNER and ENGINEER in determining if the Work is proceeding in accordance with the Contract Documents and that completed Work will conform to the Contract Documents. b. Report to OWNER and ENG.-NEER whenever he believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made or has been damaged prior to final payment; and advise OWNER and ENGINEER when he believes Work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems startups and operating and maintenance instructions are conducted as required by the Contract Documents and in presence 6706-43015 - 155\ 1 0/ 17/07 00800- 18 V RB of the required personnel, and that CONTRACTOR maintains adequate records thereof; observe, record and report to OWNER and ENGINEER appropriate details relative to the test procedures and startups . d . Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to OWNER and ENGINEER. 8 . Interpretation of Contract Documents : Transmit to OWNER and CONTRACTOR ENGINEER' S clarifications and interpretations of the Contract Documents. 9 . Modifications : Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report them with recommendations to OWNER and ENGINEER. 10. Records : a. Maintain at the job site orderly files for correspondence, reports ofjob conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents including all Addenda, change orders, field orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents . b. Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail as the case of observing test procedures. Send copies to OWNER and ENGINEER. C . Record names, addresses and telephone numbers of all contractors, Subcontractors and major suppliers of materials and equipment. 11 . Reports : a. Furnish OWNER and ENGINEER periodic reports as required of progress of the Work and CONTRACTOR'S compliance with the approved progress schedule and schedule of Shop Drawing submissions. b. Consult with OWNER and ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work . C. Report immediately to OWNER and ENGINEER upon the occurrence of any accident. 12 . Payment Requisitions : Review applications for payment with Contractor for compliance with the established procedure for their submission and forward them with recommendations to ENGINEER, noting particularly their relation to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 13 . Certificates, Maintenance and Operation Manuals : During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed ; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the Work. 14. Completion: a. Before OWNER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b . Conduct final inspection in the company of ENGINEER , OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected. 6706-43015- 155\ 10/ 17/07 00800- 19 VRB C . Verify that all items on final list have been completed or corrected and make recommendations to OWNER and ENGINEER concerning acceptance. 3 . LIMITATIONS OF AUTHORITY Except upon written instructions of OWNER or ENGINEER, Resident Project Representative: 1 . Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment. 2 . Shall not exceed limitations on OWNER ' S authority as set forth in the Contract Documents . 3 . Shall not undertake any of the responsibilities of CONTRACTOR, Subcontractors or CONTRACTOR'S superintendent, or expedite the Work. 4 . Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents . 5 . Shall not advise on or issue directions as to safety precautions and programs in connection with the Work. 6. Shall not authorize OWNER to occupy the Project in whole or in part. 7. Shall not participate in specialized Feld or laboratory tests. END OF SECTION 6706-43015- 155\ 10/ 17/07 00800-20 V RB SECTION 00900 ADDENDA (ADDENDA TO BE INSERTED HERE) END OF SECTION 6706 -43015 - 155\ 10/ 17/07 00900- 1 VRB (This Page Intentionally Left Blank) 6706-43015- 155\ 10/ 17/07 00900-2 VRB SECTION 01005 GENERAL REQUIREMENTS 1 .0 GENERAL 1 .01 PROJECT DESCRIPTION A . The principal purpose of this project is to retain a qualified water well CONTRACTOR capable of providing all services associated with the construction and testing of THREE 16-inch diameter production wells that withdrawal groundwater from the Upper Floridan aquifer for public supply use. The wells are expected to be drilled to a total depth of approximately 750 feet below land surface, with approximately 400 feet of 16-inch CERTA-LOK PVC final casing. Wellhead completion is limited to capping the well and disinfecting the well , if requested . The production wells (N-4 , N -5 , and N -6) will be located within the Wellfield at the North (Hobart Park) `JJater Treatment Plant (WTP) in Indian River County, Florida. B . The CONTRACTOR performing work covered by this contract shall be licensed by Indian River County to perform well work within the county, if required. The work covered by these specifications includes the furnishing of all materials ; labor, equipment, perennial and performing all operations in connection with the services as specified and shown on the drawings, complete. C . Specifications included in these bid documents establish the performance, quality requirements, location and general arrangement of materials and equipment, and establish the minimum standards for quality of workmanship and appearance . D . All well construction services will be performed by a State of Florida licensed water well CONTRACTOR able to demonstrate meeting all applicable standards set by the Florida Department of Environmental Protection (FDEP) , Saint Johns River Water Management District (SJRWMD), Indian River County Public Health Department (NCPHD), and American Water Works Association (AWWA) . E . The drilling CONTRACTOR will be responsible for securing and providing the OWNER or OWNER ' S representatives, proof of all secured permits and operating licenses as required by state and local agencies for the assigned work . No work will begin until all such permits are obtained and presented. F . All well construction activities will be initiated during normal working hours (7 :00 AM to 7 : 00 PM , Monday through Friday) or as approved by the ENGINEER. The OWNER, ENGINEER, and the regulatory agencies must be given 24 hours notice prior to anywork activities . GENERAL REQUIREMENTS 01005 - 1 C:\DOCUME—I\mikeh\LOCALS- 1\Temp\Temporary Directory 2 for IRC wells Div I .zip\02-lRC_GEN_REQ. DOC 2.0 PRODUCTS 2 .01 EQUIPMENT AND PERSONNEL A . The CONTRACTOR will provide capable personnel and equipment to conduct the work as authorized. The work shall be performed with the equipment, which is adequate to perform all phases of the work. The CONTRACTOR shall submit information on the equipment to be used in this project as requested by the County. B . If in the opinion of the ENGINEER, the CONTRACTOR ' S equipment is not capable of satisfactorily performing the work described in these specifications, the CONTRACTOR shall substitute equipment satisfactory to the ENGINEER. C . The CONTRACTOR shall provide the services of experienced drillers and competent helpers. D . The CONTRACTOR shall coordinate with the ENGINEER and OWNER so that the project is competed in a timely manner. 3.0 EXECUTION A. The CONTRACTOR shall furnish three high quality field copies of the various geophysical logs and two copies of the video survey to the ENGINEERS immediately following logging operations. The CONTRACTOR shall deliver ten final copies prepared by the logging company to the ENGINEER prior to completion of the work. B . The CONTRACTOR shall keep a daily activity log once the work is started and until completed. The daily log will describe the nature of conditions encountered, the work done during each day, items of work accomplished, materials used during each day, the water level in the well at the beginning and end of each shift, and other pertinent data as required by the ENGINEER. The County will utilize this information to prepare reports to the appropriate regulatory agencies if required. C . After well construction activities have been completed, the well shall be thoroughly cleaned of all foreign substances, including tools, timbers, rope, debris of any kind, cement, oil , grease, joint dope and scum . D . The CONTRACTOR shall at all times keep the premises free from accumulations of waste materials caused by his employees or work and shall clean up as often as necessary and as directed by the ENGINEER. After the well testing has been completed, the site shall be cleaned up; any ditches dug should be filled in; any ditches filled shall be returned to normal ; all peripheral materials and any other imported substances shall be removed ; and the site returned to its original condition . GENERAL REQUIREMENTS 01005 -2 CADOCUME— I \mikeh\LOCALS-1 \Temp\Temporary Directory 2 for IRC wells Div I .zipW2-1RC_GEN_REQ.D0C E. The CONTRACTOR shall take precautions as necessary, or as required, to permanently prevent contaminated water or water having undesirable physical , bacteriological , or chemical characteristics from entering through the opening made by the CONTRACTOR in the stratum where a drinking water source exists. He shall take all necessary precautions during the testing period to prevent contaminated water, gasoline, etc . from entering the replacement well and the existing well either through the opening or by seepage through the ground surface. F . At all times during the progress of the work, the CONTRACTOR shall protect the well to effectively prevent either accidental or willing tampering with the well or the entrance of foreign matter into and, upon completion , of the replacement well , he shall provide and set substantial caps satisfactory to the ENGINEER. 4.0 PAYMENT (NOT USED) END OF SECTION GENERAL REQUIREMENTS 01005 -3 CiDOCIJME— I \mikeh\LOCALS— I \Temp\Temporary Directory 2 for [RC wells Div Lzip\024RC_GEN_REQ. DOC SECTION 01010 SUMMARY OF WORK 1 .0 GENERAL 1 . 1 Scope of Work : 1 . 1 . 1 This section describes the work to be performed under this Contract . Detailed requirements and extent of work are stated in applicable Specification sections and shown on the Drawings. 1 . 1 .2 Specifications and Drawings included in these contract documents establish the performance, quality requirements, location and general arrangement of materials and equipment, and establish the minimum standards for quality of workmanship and appearance. 1 . 1 . 3 In general , the project will provide the OWNER with the following: 1 . 1 . 3 . 1 The construction and testing of three 16-inch diameter production wells that withdrawal groundwater from the Upper Floridan aquifer for public supply use. The wells are expected to be drilled to a total depth of approximately 750 feet below land surface, with approximately 400 feet of 16-inch CERTA- LOK PVC final casing. Wellhead completion is limited to capping the well and disinfecting the well , if requested. 1 . 1 .4 The OWNER reserves the right to award any or all of the Contract parts to the CONTRACTOR, as best serves the interest of the OWNER. All parts thereof, which shall be constructed, shall be awarded to one CONTRACTOR . The OWNER further reserves the right to select which part to perform first, and the order of the parts performed thereafter. 1 . 1 .5 The CONTRACTOR shall, except as otherwise specifically stated in applicable parts of these Contract Documents , provide and pay for labor, materials, equipment, tools, construction equipment, facilities, and services necessary for proper execution, testing, and completion of the work . 1 . l . 6 The CONTRACTOR must be licensed as a State of Florida Water Well Contractor and provide proof to the ENGINEER of all secured permits and operating licenses as required by local and state agencies. 1 . 1 .7 All work performed will be in accordance with these specifications and applicable Saint Johns River Water Management District, American Water Works Association, and Indian River County rules and regulations . 2 .0 PRODUCTS (Not Used) 3.0 EXECUTION 3 . 1 Work parts include the following for the construction and testing of the four production wells : 3 . 1 . 1 Mobilize and prepare site. Install pit casing at CONTRACTOR ' S discretion . 3 . 1 . 2 Drill nominal 8 to 12 -inch diameter pilot hole to approximately 140 feet below land surface using mud rotary technique. 3 . 1 . 3 Ream pilot hole to nominal 30-inch diameter borehole using mud rotary technique. 3 . 1 .4 Conduct static geophysical survey of mudded 30-inch diameter borehole, complete. 3 . 1 .5 Furnish, install, and cement nominal 24-inch diameter steel casing to approximately 140 feet below land surface (ft bls) . 3 . 1 .6 Drill nominal 8 to 12-inch diameter pilot hole to approximately 400 ft bls using mud rotary technique . 3 . 1 .7 Ream pilot hole to nominal 23 -inch diameter borehole using mud rotary technique. 3 . 1 . 8 Conduct static geophysical survey of mudded 23 -inch diameter borehole, complete. 3 . 1 .9 Furnish, install, and cement nominal 16-inch diameter PVC CERTA-LOK casing to approximately 400 ft bls . 3 . 1 . 10 Drill nominal 14-inch diameter borehole to approximately 750 feet below land surface using reverse air technique while conducting air-lift specific capacity test and collecting air-lift water sample and analyzing for CL, SO4, TDS and specific conductivity at every drill rod break. 3 . 1 . 1 1 Install pump equipment for development , geophysical logging, and pumping test. 3 . 1 . 12 Develop the production well . 3 . 1 . 13 Conduct static and dynamic geophysical logging of well including video survey. 3 . 1 . 14 Perform 8-hour variable rate ( specific capacity) pumping test. 3 . 1 . 15 . Collect water sample and analyze for Primary and Secondary Drinking Water Standards and operational parameters . 3 . 1 . 16 Wellhead completion, including disinfection and bacteriological clearance, if requested . 3 . 1 . 17 Demobilization and site restoration . 3 .2 LIST OF DRAWINGS : Drawing Drawing Title No. 1 Project Location 2 Production Well Construction Diagram 4.0 PAYMENT 4 . 1 GENERAL: Payment for all work, materials and equipment specified in this section will be included in the appropriate unit price or lump sum items as stated in the CONTRACTOR ' s Bid items and defined in the Measurements and Payment Section (Section 01026) END OF SECTION SECTION 01026 MEASUREMENT AND PAYMENT 1 .0 GENERAL 1 . 1 WORK INCLUDED 1 . 1 . 1 The CONTRACTOR shall receive and accept the compensation per quantity provided in the Proposal and the Contract as full payment for furnishing all materials, labor, tools and equipment, for performing all operations necessary to complete the work under the Contract, and also in full payment for all loss or damages arising from the nature of the work, or from the action of the elements or from any unforeseen difficulties which may be encountered during the execution of the work until the final acceptance by the OWNER. 1 . 1 .2 The prices stated in the Proposal include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspection , together with any and all other costs and expenses for performing and completing the work as shown on the Drawings and as specified herein . The basis of payment for an item at the price shown in the Proposal shall be in accordance with the description of that item in this Section . 1 .2 MEASUREMENT 1 . 2 . 1 The quantities for payment under lump sum items in this Contract will be in accordance with the CONTRACTORS bid price. 1 .2 . 2 The quantities for payment under unit price items in this Contract will be determined by actual measurement of the completed items in place or performed, ready for service and accepted by the OWNER. 1 .3 PAYMENT ITEMS 1 . 3 . 1 Item No . A- 1 : - Mobilization and Job-Site Preparation -Total Bid 1 . 3 . 1 . 1 Payment will be made at the Contract lump sum price for the item, which shall be full compensation for mobilizing all necessary equipment and personnel to the site, site preparation , clearing, and grubbing. Measurement and Payment 01026- 1 04-IRC Measurel 10/17/07 1 . 3 . 2 Item No . A-2 : Drill Pilot Hole to Approximately 145 Feet bls Using Mud Rotary Technique- Total Bid 1 . 3 . 2 . 1 Payment will be made at the Contract unit price for the item, which shall be full compensation for providing all items necessary to drill an 8 to 12-inch diameter pilot hole to approximately 145 feet below land surface using mud rotary techniques, including but not limited to, all materials, equipment, labor, and all other incidentals required to complete the work as shown on the drawings and included in the Specifications. 1 . 3 .3 Item No. A-3 : Ream Pilot Hole to Nominal 30-inch Diameter to Approximately 145 Feet bls Using Mud Rotary Technique - Total Bid 1 . 3 .3 . 1 Payment will be made at the Contract unit price for the item, which shall be full compensation for providing all items necessary to ream the pilot hole to nominal 30-inch diameter to approximately 145 feet below land surface, including but not limited to, all materials, equipment, labor, and all other incidentals required to complete the work as shown on the drawings and included in the Specifications. 1 .3 .4 Item No. A-4 : Conduct Geophysical Logging of Mudded 30-inch Borehole - Total Bid 1 . 3 .4. 1 Payment wil l be made at the Contract lump sum price for the item , which shall be full compensation for providing all geophysical logging services of the mudded 30-inch borehole, including but not limited to, all materials , equipment, labor, testing, and all other incidentals required to complete the work as shown on the drawings and included in the Specifications . 1 .3 . 5 Item No . A-5 : Furnish and Install 24-inch Diameter Steel Casing to Approximately 140 Feet bls- Total Bid 1 . 3 . 5 . 1 Payment will be made at the Contract unit price for the item, which shall be full compensation for providing all items necessary to install 24-inch diameter steel intermediate casing from land surface to a depth of approximately 140 feet below land surface, including but not limited to, all materials, equipment, labor, and all other incidentals required to complete the work as shown on the drawings and included in the Specifications . Measurement and Payment 01026 -2 047RC_Measurel 10/17/07 1 . 3 . 6 Item No. A-6 : Cement 24-inch Diameter Steel Casing to Approximately 140 Feet bls- Total Bid 1 .3 . 6 . 1 Payment will be made at the Contract unit price for the item, which shall be full compensation for providing all items necessary to cement 24-inch diameter steel intermediate casing from land surface to a depth of approximately 140 feet below land surface, including but not limited to, all materials, equipment, labor, and all other incidentals required to complete the work as shown on the drawings and included in the Specifications . 1 . 3 . 7 Item No. A-7 : Drill Pilot Hole to Approximately 405 feet bis Using Mud Rotary Drilling Technique - Total Bid 1 . 3 .7 . 1 Payment will be made at the Contract unit price for the item, which shall be full compensation for providing all items Necessary . to drill an 8 to 12-inch diameter pilot hole from approximately 145 to 405 feet bls using mud rotary drilling, including but not limited to, all materials, equipment, labor, and all other incidentals required to complete the work as shown on the drawings and included in the Specifications. 1 . 3 . 8 Item No . A- 8 : Ream Pilot Hole to Nominal 24-inch Diameter to Approximately 405 feet bls Using Mud Rotary Drilling Technique - Total Bid 1 . 3 . 8 . 1 Payment will be made at the Contract unit price for the item, which shall be full compensation for providing all items necessary to ream the pilot hole to a nominal 24-inch diameter from approximately 145 to 405 feet bls, including but not limited to, all materials, equipment, labor, and all other incidentals required to complete the work as shown on the drawings and included in the Specifications. 1 .3 . 9 Item No. A-9 : Conduct Geophysical Logging of 24-inch Borehole - Total Bid 1 . 3 . 9 . 1 Payment will be made at the Contract lump sum price for the item, which shall be full compensation for providing all geophysical logging services of the mudded 24-inch borehole, including but not limited to, all materials, equipment, labor, testing, and all other incidentals required to complete the work as shown on the drawings and included in the Specifications Measurement and Payment 01026-3 04-IRC Measurel 10/17/07 1 . 3 . 10 Item No. A- 10 : Furnish and Install 16 -inch Diameter Certa-lok PVC Casing to Approximately 400 Feet bls- Total Bid 1 . 3 . 10 . 1 Payment will be made at the Contract unit price for the item, which shall be full compensation for providing all items necessary to install 16-inch diameter final casing to a depth of approximately 400 feet bls, including but not limited to, all materials, equipment, labor, and all other incidentals required to complete the work as shown on the drawings and included in the Specifications . 1 . 3 . 11 Item No. A- 11 : Cement 16-inch Diameter Certa-lok PVC Casing from Land Surface to Approximately 400 Feet bls- Total Bid 1 . 3 . 11 . 1 Payment will be made at the Contract unit price for the item , which shall be full compensation for providing all items necessary to cement 16-inch diameter final casing from land surface to a depth of approximately 400 feet his, including but not limited to, all materials, equipment, labor, and all other incidentals required to complete the work as shown on the drawings and included in the Specifications . 1 . 3 . 12 Item No . A- 12 : Drill Nominal 14-inch Diameter Borehole Hole from Bottom of 16-inch Casing to Approximately 750 feet bls Using Reverse Air Drilling - Total Bid 1 . 3 . 12 . 1 Payment will be made at the Contract unit price for the item , which shall be full compensation for providing all items necessary to drill a nominal 14-inch diameter bore hole from bottom of 16- inch casing to approximately 750 feet b1s, using reverse air drilling, including but not limited to, all materials, equipment, labor, and all other incidentals required to complete the work as shown on the drawings and included in the Specifications . 1 . 3 . 13 Item No. A- 13 : Install Pump Equipment for Development and Pumping Test — Total Bid 1 .3 . 13 . 1 Payment will be made at the Contract lump sum price for the item, which shall be full compensation for installing pump equipment for development, including furnishing, temporarily installing, and removing the pump, driver and associated discharge piping, valve(s), and meter(s). Payment shall also constitute full compensation for all time, materials, and equipment required to obtain , assemble and disassemble the equipment as described in the Specifications . Measurement and Payment 01026-4 04-IRC Measurel 10/ 17/07 1 .3 . 14 Item No . A- 14 : Develop the Well by Over-Pumping — Total Bid 1 . 3 . 14 . 1 Payment will be made at the Contract unit price for well development by over-pumping including but not limited to, all materials, equipment, labor, and all other incidentals required to complete the work as shown on the drawings and included in the Specifications . 1 . 3 . 15 Item No . A- 15 : Conduct Static and Dynamic Geophysical Survey of the Well - Total Bid 1 .3 . 15 . 1 Payment will be made at the Contract lump sum price for the item, which shall be full compensation for providing geophysical logging services of the well under static and dynamic flow conditions from land surface to approximately 750 feet bls, including but not limited to, all materials, equipment, labor, testing, and all other incidentals required to complete the work as shown on the drawings and included in the Specifications . 1 . 3 . 16 Item No . A- ] 6 : Perform Variable Rate Pumping Test 1 .3 . 16 . 1 Payment will be made at the Contract unit price per hour for the item, which shall be full compensation for operating the pump during the pumping test and all other incidentals required to complete the work as shown on the drawings and included in the Specifications. Payment will not include the hourly rate for pumping during the time the equipment is not actually in use or in the event the pumping test is not performed for the full duration of eight hours. 1 . 3 . 17 Item No. A- 17 : Collect Water Sample and Analyze for Select Primary and Secondary Drinking Water Standards and Other Parameters - Total Bid 1 . 3 . 17 . 1 Payment will be made at the Contract lump sum price for the item, which shall be full compensation for providing sampling bottles, purging the well , collection of the samples, conveyance and submittal of the samples to the Contractors approved laboratory and all other incidentals required to complete the work as shown on the drawings and included in the Specifications . Laboratory analyses for select parameters identified under the Primary and all Secondary Drinking Water Quality Standards per Chapter 62-550 F .A . C . , and additional parameters are also included in the unit price specified herein . Measurement and Payment 01026-5 04-IRC Measurel 10117/07 1 . 3 . 18 Item No . A- 18 : Wellhead Completion - Total Bid 1 . 3 . 18 . 1 Payment will be made at the Contract lump sum price for the item, which shall be full compensation for providing wellhead completion, including all materials, equipment, labor, and all other incidentals required to complete the work as shown on the drawings and included in the Specifications . 1 . 3 . 19 Item No . A- 19 : Demobilization and Site Restoration - Total Bid 1 . 3 . 19 . 1 Payment will be made at the Contract lump sum price for the item , which shall be full compensation for removal of all drilling equipment, debris, material , and personnel from the site, removal and disposal of unused wellhead piping and materials, and restoring the site to its original condition. 1 . 3 . 20 Item No . A-20: Standby Time - Total Bid 1 . 3 . 20. 1 Payment will be made at the Contract unit price per hour for the item , which shall be full compensation for shutdown time of the equipment and drill crew for any portion of the working day as directed by the OWNER or ENGINEER and detailed in the specifications . 1 .3 .21 Item No. A-21 : Well Disinfection , if requested - Total Bid 1 . 3 . 21 . 1 Payment will be made at the Contract lump sum price for the item , which shall be full compensation for disinfecting the well according to applicable section of AWWA standard C654-87, collection and laboratory analysis of two discharge samples for total coliform , disposal of disinfected discharge water, and all materials, equipment, labor, and all incidentals required to complete the work . 2.0 PRODUCTS (Not Used) 3.0 EXECUTION (Not Used) 4. 0 PAYMENT (Not Used) END OF SECTION Measurement and Payment 01026-6 04-IRC Measurel 10/17/07 SECTION 02010 MOBILIZATION AND SITE WORK PARTI - GENERAL 1 . 01 SCOPE OF WORK A . Work included in this section includes all work necessary to transport all materials, equipment, personnel and prepare site for all well installation and wellhead construction activities for the four production wells including but not limited to providing access, power, water and temporary facilities, as needed. B . The three production wells (N-4, N-5 , and N -6) will be located within the North (Hobart Park) Water Treatment Plant Wellfield in Indian River County, Florida . C . Well construction activities include but are not limited to those items described in Section 01010. PART 2 - PRODUCTS 2 .01 GENERAL A . The CONTRACTOR is solely responsible for proving security for all materials stored on-site during the remedial activities. PART 3 - EXECUTION 3 .01 GENERAL A . The Contract shall provide 10 days notification to the ENGINEER prior to initiating mobilization to the site and initiating work. The CONTRACTOR will also provide proof that all permits have been obtained prior to initiating work . B . The CONTRACTOR shall restrict his operations to the designated work area and ensure that construction activities do not disrupt normal operational activities of the County' s utility services . C . The CONTRACTOR is responsible for visually inspecting the site to note obstructions or access difficulties . D . The CONTRACTOR is responsible for providing access to the work site to facilitate inspection and testing if required. PART 4 - PAYMENT MOBILIZATION AND SITE WORK 02010- 1 CI\DOCUME I \mikeh\LOCALS— I \Temp\Temporary Directory 12 for IRC wells Div Lzip\05-FRC_MOB. DOC 4 . 01 GENERAL A . Payment for all work, materials and equipment specified in this section will be included in the appropriate unit price or lumps sum amount as stated in the CONTRACTORS Bid submittal and as described in the Measurement and payment section of these documents. END OF SECTION MOBILIZATION AND SITE WORK 02010-2 C:\DOCUME- 1 \mikeh\LOCALS-1 \Temp\Temporary Directory 12 for IRC wells Div 1 .zip\05-IRC_M0B.D0C SECTION 02050 DRILLING 1 .0 GENERAL 1 . 01 SCOPE OF WORK A . Work included in this section includes all equipment, personnel and materials to complete mud rotary and reverse-air drilling operations as specified in these documents and as shown on the Drawings . B . The work described herein consists of drilling and testing four 16-inch diameter production wells completed into the Upper Floridan Aquifer ( UFA) in accordance with these specifications in the location and in the manner shown on the Drawings . C . The principal purpose of the work is to install three production wells to augment the existing wellfield. D . The construction of the well must be performed by a State of Florida licensed Water Well CONTRACTOR, and the well must meet all standards set by the Florida Department of Environmental Protection ( FDEP), the Saint Johns River Water Management District (SJRWMD), the American Water Works Association (AWWA), Indian River County Public Health Department (SCPHD) and Indian River County codes. E. The drilling CONTRACTOR shall be responsible for providing to the OWNERS/ ENGINEERS proof of all secured permits and operating licenses as required by local and state agencies . No construction may begin until such permits are obtained. 2.0 PRODUCTS 2 .01 PERSONNEL A . The CONTRACTOR shall provide the services of an environmental testing laboratory to analyze air-lift water samples . The laboratory must be certified by the Florida Department of Health and Rehabilitative Services in accordance with Chapter 64E- 1 , F . A .C . At the time he submits his bid, the CONTRACTOR must provide (for ENGINEERS approval) the name, address, and certification number of the testing laboratory that he will use. B . The CONTRACTOR shall furnish capable personnel and equipment to construct the wells as specified. The work shall be performed with equipment that is adequate to perform all phases of well construction . The bidder shall submit with his bid DRILLING 02050- 1 C:\DOCUME— I \mikeh\LOCALS— I \Temp\Temporary Directory 13 for IRC wells Div I .Ap\064IRC_DRFLUNG.DOC information the equipment to be used in this project as requested on the Equipment Schedule . He shall also submit with the above information a statement indicating ownership or lease agreement on this equipment . C . If, in the opinion of the ENGINEER, the CONTRACTOR ' S equipment is not capable of satisfactorily performing the work provided for in these specifications, the CONTRACTOR shall substitute equipment satisfactory to the ENGINEER . D . The CONTRACTOR in addition to furnishing the services of skilled and experienced drillers in the type of formations to encounter shall also furnish an adequate number of competent helpers. E . The CONTRACTOR shall provide suitable equipment for the specified work that shall be in good working order and operated by qualified personnel . F . Drilling operations will be restricted to normal daylight hours ( lam to 7pm) except as authorized by the ENGINEER . 2 .02 DRILLING EQUIPMENT A . Provide appropriate drilling equipment capable of drilling boreholes and completing the well as specified. B . Only mud rotary and reverse-air rotary drilling techniques will be utilized for these specifications. C . The CONTRACTOR shall provide use to the ENGINEER of an electric water level probe having not less than 100 feet of cable marked in increments of 0. 01 feet. D . The CONTRACTOR shall provide and install a flow measuring device capable of measuring discharge from the wells within +/- 5 % of true flow for flow rates ranging from 10 to 200 gallons per minute during performance of specific capacity test being conducted while reverse-air drilling of the pilot holes . The flow-measuring device can consist of machined orifice plate(s) and pipe(s), totaling flow meter, storage tank or other device approved by the ENGINEER. The storage tank must have a minimum capacity of 300 gallons, be installed level , marked at 100 gallon increments , and pumped free of discharge water before each specific capacity test . 2 . 03 DRILLING FLUIDS A . The ENGINEER prior to use must approve drilling fluids used during all drilling operations . Any water used during the drilling operation or cementing operations must be potable water. DRILLING 02050-2 C\DOCUME— I \mikeh\LOCALS- 1 \Temp\Temporary Directory 13 for TRC we] Is Div .zipft-IRC_DRILLING.DOC B . When drilling mud is used in drilling, only high-grade approved clays in common usage for oil field drilling shall be used in the makeup of the drilling fluid. Drilling with a mixture of water and unprocessed mud, clay, or other objectionable material will not be permitted. The drilling fluid shall possess such characteristics as are required to adequately condition the walls of the hole to prevent caving of the walls as drilling progresses . C . A blowout and flow preventor consisting of the appropriate diameter flange and a tee shall be installed temporarily on top of each casing to control any flow, which might be encountered while drilling the hole. The total cost for installation and removal of this item will be incorporated into the unit price set in the bid schedule for drilling or reaming. D . Excess water generated during drilling operations shall be collected, settled and disposed of in a manner approved by the ENGINEER. E. Drilling mud and cuttings shall be contained on-site in suitable tanks for later disposal at an approved off-site facility. Mud pits or lined excavations will not be permitted. 3.0 EXECUTION 3 . 01 GENERAL A . The CONTRACTOR will notify the ENGINEER ten days prior to initiating drilling operations. B . No drilling operations will be allowed until the CONTRACTOR has provided all of the necessary permits (Federal , State and Local). C . All drilling operations will be in strict conformance with all Federal , State and local laws regulating the drilling of wells. D . The CONTRACTOR will take all necessary precautions to prevent contamination of the well during the course of drilling activities . All extraneous fluids on-site and fluids generated during drilling operations will be controlled at all times. E . At the direction of the ENGINEER, the CONTRACTOR shall be prepared to drill using closed circulation systems to control discharge of fluids from the well . F . The CONTRACTOR will maintain a drillers log on -site at all times which will be furnished to the ENGINEER daily. The log will contain description of all activities executed during the day and all material used. Drilling footage, water level measurements , and testing results will also be noted. DRILLING 02050-3 C.\DOCUME-1 \mikeh\L0CALS-1 \Temp\Temporary Directory 13 for 1RC wells Div I zip\06-1RC_DRILLiNG.D0C G . The CONTRACTOR is responsible for filing all drilling and well completion records with the appropriate agencies . H . All drilling will be measured to the nearest linear foot of completed borehole depth . 1 . The CONTRACTOR shall measure and record the water level in the well to the nearest 0. 01 of a foot from a permanent measuring point at the beginning and end of each shift. 3 . 02 DRILLING A . Utilizing mud-rotary drilling technigues, drill a nominal 8 to 12-inch diameter pilot hole into the top of the intermediate confining unit at an estimated depth of 140 feet below land surface (ft bls) . B . Ream the pilot hole to a nominal 30-inch diameter. Condition borehole through circulation of drilling fluids in preparation for geophysical logging and installation of nominal 24-inch diameter intermediate casing. C . Following completion of grouting of nominal 24-inch diameter intermediate casing, drill a nominal 8 to 12 -inch diameter pilot hole to an estimated depth of 400 feet into the top of the UFA utilizing mud-rotary drilling techniques . D. Ream the pilot hole to a nominal 23 -inch diameter. Condition borehole through circulation of drilling fluids in preparation for geophysical logging and installation of nominal 16-inch diameter final casing. E . Following completion of grouting of nominal 16-inch diameter final casing, drill a nominal 14-inch diameter borehole hole utilizing reverse-air drilling techniques to an estimated completion depth of 750 ft bls. F. The boreholes shall be drilled so as to permit the installation of the casing, straight and plumb, to the tolerances specified in Section CASING. G . The CONTRACTOR may check plumbness, out-of-roundness , and straightness of the drilled hole as the drilling progresses . Such checking shall not relieve the CONTRACTOR from requirements as specified in Section CASING . 3 .03 FORMATION SAMPLES A . Take representative formation samples at 10-foot intervals and at major lithologic contacts from land surface to the full depth of the well . Each sample must be representative of the actual depth to which drilling has progressed. Samples shall be approximately 1 cup in volume . Place each sample in a container labeled with the DRILLING 02050-4 C :\DOCUME— I \mikeh\LOCALS- 1 \Temp\Temporary Directory 13 for IRC wells Div I .zip\06-TRC_DRFLLFNG.D0C date, well identification, and depth interval from which the sample was collected . Submit the samples immediately to the ENGINEER as the samples are collected . 3 .04 AIR-LIFT WATER QUALITY SAMPLES A . The CONTRACTOR shall collect a representative groundwater sample in duplicate prior to each drilling rod change during reverse-air drilling of the pilot hole . Samples shall be placed in clean and unused 1 -liter plastic bottles and labeled with the date, well identification, and depth interval . The CONTRACTOR shall immediately provide the ENGINEER with the duplicate sample and submit the other groundwater samples within a 24-hour period to a State of Florida certified testing laboratory for analysis of total dissolved solids, chlorides, specific conductivity, and sulfates. 3 . 05 SPECIFIC CAPACITY TESTING A . A short-term airlift, specific capacity test shall be conducted prior to each drilling rod change during reverse air drilling operations . During this test, the CONTRACTOR shall assist the ENGINEER in measuring the rate of discharge and the water level in the well for approximately 15 minutes. Access to the wellhead must be provided to the ENGINEER for groundwater level measurements. 4.0 PAYMENT 4.01 GENERAL A . Payment for all work, materials and equipment specified in this section for drilling and the performance of air-lift specific capacity tests shall be included in the appropriate unit prices for drilling of various diameter holes as stated in the CONTRACTORs Bid submittal and as described in the Measurement and Payment section of these technical specifications. B . Payment for air lift water quality testing including sampling, preservation , shipping, and laboratory services and also described in the Measurement and Payment Section of these documents shall be made at the CONTRACTOR' s unit price for Item No . A- 12 of the Bid Tab. END OF SECTION DRILLING 02050-5 C :\DOCUME- 1 \mikeh\LOCALS- 1 \Temp\Temporary Directory 13 for IRC wells Div I .zip\064RC_DRILLING.DOC SECTION 02080 CASING I .0 GENERAL 1 . 1 Scope of Work 1 . 1 . 1 The work included in this section covers the work, materials , labor and equipment necessary for joining and installing the casing as specified. 2.0 PRODUCTS 2 . 1 Personnel 2 . 1 . 1 The CONTRACTOR shall furnish capable personnel including certified welders where required to join, install , and test the casings as specified. 2 . 2 Equipment 2 .2 . 1 The CONTRACTOR shall provide appropriate equipment capable of joining and installing the casings as specified. 2 .3 General 2 . 3 . 1 All casing will be new and unused casing free from defects in materials, workmanship and handling. 2 . 3 .2 Mill certificates or equivalent for all casing material used shall be provided by the CONTRACTOR and approved by the ENGINEER prior to installation . 2 .4 Pit Casing - Optional 2 .4 . 1 Installation of pit casing is at the CONTRACTOR ' s option . 2 .4 .2 Use pipe of sufficient strength to hold the drilled hole open until grouting is completed. The depth of the pit casing will be dictated by site geology. 2 .4 . 3 The diameter, wall thickness, and positioning of the pit casings shall be selected by the CONTRACTOR and shall in no way interfere with specified construction of the remainder of the well . CASING 02080- 1 C :\DOCUME— I \mikeh\LOCALS-1 \Temp\TempomryDirectory 15 for IRC wells Div Lzip\07-TRC_Casing.doc 10/ 17/07 2 .4 .4 Pit casing shall be black steel and conform to ASTM Standard A- 252 Grade 2 or equal . 2 .4. 5 The pit casing shall remain in place. 2 . 5 Intermediate Casing 2 . 6 . 1 All intermediate well casing shall be of new and unused carbon steel pipe, shall be seamless, electric resistance welded, or double submerged arc welded with one longitudinal seam and shall conform with the latest revision of API 5L Grade B. ASTM A53 , Grade B . Ends of plain end pipe shall be perfectly square and shall be furnished beveled for field V-notch butt welding. Intermediate casings shall be as follows : Maximum Approximate Diameter ( Inches) Wall Thickness Total Length ID/OD inches Feet 24.00/23 . 25 0 . 375 140 2 . 6 Final Casing 2 . 6 . 1 All final casing and couplings shall be of new and unused SDR 17 PVC or equivalent that conforms to requirements of ASTM D 1784 - Standard Specifications for Rigid PVC Compounds and Chlorinated Compounds, and ASTM F480 — Standard Specifications for Thermoplastic Well Casing Pipe and Couplings Made in Standard Dimension Ratios, SCH 40 and SCH 80. The casing shall be joined by a spline-lock mechanical joining system utilizing bell joints . Final casings shall be as follows : Maximum Approximate Diameter ( Inches) Wall Thickness Total Length (casing O. D ./ LD./ coupling O .D.) Inches Feet 16 .0*/14 .0/ 17 .4 * 1 . 0 * 400 * Based on SDR 17 rating 2 . 7 Centralizers : 2 . 7 . 1 All well casing shall be fitted with Haliburton-type centralizers or equivalent positioned at 0, 90, 180, and 270 degrees. The CASING 02080-2 C:\DOCUME— I \mikeh\LOCALS—I \Temp\Temporary Directory 15 for IRC wells Div Lzip\07-TRC_Casing.doc 10/17/07 centralizers will be placed at 20 feet above the bottom of the casing and every 60 feet thereafter with the final centralizers placed at 20 feet below the top of the casing. 3.0 EXECUTION 3 . 1 General 3 . 1 . 1 All casing shall be installed by a method appropriate for the specified task order, as selected by the CONTRACTOR and approved by the ENGINEER . 3 . 1 .2 The CONTRACTOR will provide the ENGINEER with welder certificates before any welding operations are initiated. 3 . 1 . 3 If casing is welded, the standards of the American Welding Society shall apply. All welds shall be fully penetrating. 3 . 1 .4 Casing lengths shall be joined watertight by a method appropriate to the material used, as selected by the CONTRACTOR and approved by the ENGINEER so that the resulting joint shall have the same structural integrity as the casing itself. 3 . 1 . 5 All casing shall be installed as near to plumb and straight as possible . Following the installation of the final casing and prior to cementing, the entire casing string will be rotated by hand to demonstrate the casing is aligned plumb within the borehole . 3 . 1 . 6 Any casing, which fails, collapses or separates during installation shall be removed from the hole and repaired or replaced at the CONTRACTOR' s sole expense. 3 . 2 Straightness and Plumbness Test 3 . 2 . 1 If, in the opinion of the ENGINEER, there is reasonable doubt about the plumbness and/or alignment of the well , the CONTRACTOR shall perform the plumbness and alignment test described in Appendix C of AW WA A100-97 at his expense . The test for plumbness and alignment shall be made following construction of the well and before pump equipment is installed. 3 . 3 Straightness and Plumbness Requirements Should the test data show that a 12-inch diameter pump cannot be set in the well to a depth of 200 feet without bending or should the well vary from plumb in excess of 2/3 the inside diameter of the 16 -inch diameter CASING 02080-3 CADOCUME-1 \mikeh\LOCALS— I \Temp\Temporary Directory 15 for IRC wells Div l .zip\07-IRC_Casing.doc 10/ 17/07 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliilililI casing per 100 feet of depth to a depth of 200 feet, the plumbness and straightness of the well shall be corrected by the CONTRACTOR at his sole expense. Should the CONTRACTOR fail to correct such faulty straightness or plumbness, the ENGINEER may refuse to accept the well . PART 4.0 PAYMENT 4 . 1 General 4. 1 . 1 Payment for the pit casing shall be included in the lump sum price stated in the CONTRACTOR ' S bid schedule and described in the Measurement and Payment Section of these documents for mobilization and site work cost- 4 . 1 . 2 Installed casing will be measured in linear feet to the nearest foot of successfiilly installed casing. 4. 1 . 3 Providing and installing all fittings and centralizers associated with casing installation shall be included in the unit prices stated in the CONTRACTORS bid schedule and described in the Measurement and Payment Section of these documents for casing. END OF SECTION CASING 02080-4 C:\DOCUME- 1 \mikeh\LOCALS- 1 \Temp\Ter- porary Directory 15 for IRC wells Div I , zip\07-IRC_Casing.doc 10/ 17/07 SECTION 02090 GROUT 1 . 0 GENERAL 1 . 1 Scope of Work 1 . 1 . 1 This section covers the work, materials, labor, and equipment necessary for furnishing and installing the grout seal complete. 2 .0 PRODUCTS 2 . 1 Personnel 2 . 1 . 1 The CONTRACTOR shall furnish the services of an approved company to provide cementing services . At the time he submits his bid, the CONTRACTOR must provide for ENGINEER ' s approval the name and address of the cement company that he will use. The ENGINEER may, at his discretion and at any time, reject a firm and request other choices of firms . 2 . 1 .2 Work covered under Subsection 3 .2, ADDITIVES, shall be performed by a service company specialized in the field of grout sealing and cementing of oil , water, and wastewater wells . The service company shall provide onsite, during cementing operations, the services of a technical representative with demonstrated experience in the field and area related to this project. The cement service company shall be subject to approval by the ENGINEER based upon their experience in Florida. 2 .2 Equipment 2 .2 . 1 The CONTRACTOR shall provide appropriate equipment capable of installing the grout seal as specified. 2 . 2 .2 The CONTRACTOR shall provide a standard mud balance to measure cement grout density. GROUT 02090 - 1 C:\DOCUME- 1 \mikeh\LOCALS— I \Temp\Temporary Directory 16 for IRC wells Div 1 .zip\08-1RC_Grout. doc 10/ 17/07 2 .3 Cement 2 . 3 . 1 All cement used on all work shall be Florida Class H sulfates resistant cement (ASTM C1 50, Type 11) conforming to the "Specifications for Oil - Well Cements and Cement Additives" (API Standard l0A) . 2 .4 Gravel 2 .4 . 1 Gravel must conform in size to SJRWMD rules, regulations, or permit conditions for well abandonment and the borehole/casing diameter. Gravel or sand shall only be used during grouting activities if pre- approved by the ENGINEER. 2 . 5 Cement Additives 2 . 5 . 1 Cement additives that may be used to cement in zones of high permeability (cavities) after being approved by the ENGINEER are : calcium chloride, gilsonite, cellophane flakes, kolite or equivalent, and bentonite. Organic polymers , peanut shells, cotton seed hulls may not used as lost circulation materials . 2 . 6 Accelerants 2 .6. 1 Up to four percent CaCl2may be used as a hardening accelerant after being approved by the ENGINEER, in which case setting times can be reduced by one half. Use of CaCl2greater than two percent must be pre- approved by the SJRWMD . 3.0 EXECUTION 3 . 1 Cement Grout Mix 3 . 1 . 1 Portion 1 cubic foot of cement ( i . e. , one 94 pound sack) to not more than 6.0 gallons of water. Cool clean potable water shall be used to mechanically mix with cement at the site immediately before placement. The CONTRACTOR shall make arrangements to secure the volume of potable water required to complete the work. Consistency and mixing shall be approved by the ENGINEER. 3 . 1 .2 The cement grout maybe composed of between 4 to 12 percent additives if the need for such additives can be justified. A maximum 12 percent of GROUT 02090 - 2 C:\DOCUME- 1 \mikeh\LOCALS— I \Temp\Temporary Directory 16 for IRC wells Div I .zip\08-1RC_Gr011t.doc 10/ 17/07 additives may be added to the cement grout, with an average of not more than 10 percent additives when four percent accelerators are used. In the cementing of the upper 100 feet of the final casing only, four percent bentonite may be added. In the lower 100 feet of the final casing, cementing must be attempted with no additives . Should this prove to be impractical , a mixture up to 12 percent bentonite maybe used if approved by the SJRWMD in advance . Use of greater than five percent bentonite must be pre-approved by the SJRWMD . 3 . 1 .3 The CONTRACTOR shall utilize a standard mud balance to measure and verify cement grout density as requested by the ENGINEER. 3 .2 Additives : 3 . 2 . 1 The use of special cements or other admixtures (ASTM C494) to reduce permeability, increase fluidity and/or control set time and the composition of the resultant cement grout must be pre-approved by the ENGINEER and the SJRWMD. 3 . 2 . 2 Consistency and method of mixing shall be reviewed by the ENGINEER prior to grouting. 3 .2 . 3 Furnish all bentonite required for cementing in the proportions specified in the Proposal and as directed by the ENGINEER. 3 .2 .4 Fumish other cementing additives formulated specifically for well cementing as required by the ENGINEER. 3 . 2 . 5 A high shear mixer shall be used for additives and totally hydrated to smooth slurry before cement is added. For each grout batch, about 5 to 10 percent of the mixing water shall precede the other components. 3 .3 Placing : 3 . 3 . 1 Prior to any cementing, the CONTRACTOR shall use the caliper log to calculate cement requirements . 3 . 3 .2 The CONTRACTOR shall submit a cementing plan for approval to the ENGINEER, 24 hours prior to the first stage of cementing. The cementing plan shall detail estimated cement quantities for length of casing to be grouted, the nature of the mix cement slurry including weight per unit volume (density), proposed cementing schedule, expected GROUT 02090 - 3 C:\DOCUME— I \mikeh\LOCALS- 1\Temp\Temporary Directory 16 for IRC wells Div Imp\OS-IRC_Grout.doc 10/17/07 pressures, and description of the cementing equipment to be used by the CONTRACTOR for the cementing operation . 3 . 3 . 3 All cementing of casing shall be accomplished in the presence of the ENGINEER. 3 . 3 .4 If cementing activities require observation by a SJRWMD and/or County Health Department representative, the CONTRACTOR shall notify and coordinate cementing activities to accommodate this requirement at no additional cost to the OWNER. 3 . 3 . 5 The pressure grout method of cement placement shall be used for the initial stage of grouting the intermediate and final casings . The grouting shall be done in such a manner that shall assure the entire filling of the borehole and annular space from the casing bottom to the vertical stage height obtained. The grouting shall ensure a watertight seal around the well casing to avoid downward or upward movement of water along the casing annulus and borehole. The CONTRACTOR shall monitor temperature and casing pressure during grouting operations . 3 .3 . 6 The annular space tremmie method is required for all subsequent cement stages. The bottom of the tremmie pipe shall initially be set within five feet of the top of the previous annular grout tag in the well , as approved by the field ENGINEER. Tremmie pipe shall be withdrawn as the annulus is filled, and before the cement has begun to set. 3 . 3 . 7 Samples of each lift of cement grout installed around each of the casings shall be retained by the CONTRACTOR . These grout samples must be collected a minimum of three times for each cement batch pumped; before pumping, in the middle of the batch , and near the end of the batch. Each sample shall be labeled and forwarded to the ENGINEER. 3 . 3 . 8 The CONTRACTOR shall submit cement reports to the ENGINEER identifying the mixture and quantity of cement grout utilized for each cementing stage completed. 3 . 3 . 9 Staging and use of thixotropic or other high -yield cement types with special additives shall be required through highly permeable intervals, if approved by the ENGINEER and the SJRWMD . 3 . 3 . 10 Staging and use of gravel in an open borehole area shall be required if approved by the ENGINEER and the SJRWMD . The gravel shall be GROUT 02090 - 4 C:\DOCUME— I \mikeh\LOCALS-1 \Temp\Temporary Directory 16 for FRC wells Div l .zip\08-IRC_Grou1.doc 10117/07 introduced at a metered uniform rate in the manner to be approved by the ENGINEER and that shall allow even placement of gravel . Every precaution shall be taken to ensure placement without bridging of the materials as they are introduced into the well . 3 . 3 . 11 The CONTRACTOR shall be solely responsible for any defect in the cementing work and casing deformation due to improper, or lack of, equipment, technology, personnel or experience, either of CONTRACTOR or of any of his Specialty Subcontractors . CONTRACTOR shall pay all costs necessary to correct such defects . Should CONTRACTOR fail to correct defects, the ENGINEER may refuse to accept the well . 3 .4 Setting Time : 3 .4. 1 No drilling operations shall be permitted until the grout has cured . 3 . 4.2 Minimum setting time between stages shall be at least 12 hours. Longer time shall be necessary when high-yield cement is used . After cementing is completed on a casing, casing and well must remain undisturbed for at least 24 hours for setting of the cement. 3.5 Tag Depth : 3 . 5 . 1 The CONTRACTOR shall demonstrate the tag depths to the satisfaction of the ENGINEER and regulatory inspector prior to each grouting stage at all of the wells. The depth to the top of the existing grout or borehole shall be determined by washing out the annular space, if necessary, as approved by the ENGINEER and regulatory inspector. 4 . 0 PAYMENT 4 . 1 Cement : 4. 1 . 1 The cost of cement and cement pumping shall be paid at the unit price per foot of cemented casing as stated in the CONTRACTOR ' s Bid Schedule. This shall include all necessary equipment, materials , and subcontracted services required to properly cement the casing as specified herein . 4 . 1 .2 Payment for all work, materials, and equipment specified in this section , which are required to tag the top of each grout stage shall be included in the ubit price per foot of grouted casing as stated in the GROUT 02090 - 5 C\DOCUME— I \mikeh\LOCALS— I \Temp\Temporary Directory Ib for IRC wells Div 1 .zip\08-IRC_Grout.dcc 10/17/07 CONTRACTOR ' S Bid Schedule . 4. 1 . 3 Waiting on cement to set for each grout stage shall be included in the corresponding lump sum price per grouted casing as stated in the CONTRACTOR ' S Bid Schedule. END OF SECTION GROUT 02090 - 6 C1D0CUME— I \mikeh\L0CALS— I \Temp\Temporary Directory 16 for IRC wells Div Lzip\08-IRC_Grout.doc 10/17/07 SECTION 02090 GROUT 1 . 0 GENERAL 1 . 1 Scope of Work 1 . 1 . 1 This section covers the work , materials, labor, and equipment necessary for furnishing and installing the grout seal complete. 2.0 PRODUCTS 2 . 1 Personnel 2 . 1 . 1 The CONTRACTOR shall furnish the services of an approved company to provide cementing services . At the time he submits his bid, the CONTRACTOR must provide for ENGINEER ' s approval the name and address of the cement company that he will use . The ENGINEER may, at his discretion and at any time, reject a firm and request other choices of firms . 2 . 1 . 2 Work covered under Subsection 3 .2 , ADDITIVES , shall be performed by a service company specialized in the field of grout sealing and cementing of oil , water, and wastewater wells. The service company shall provide onsite, during cementing operations , the services of a technical representative with demonstrated experience in the field and area related to this project. The cement service company shall be subject to approval by the ENGINEER based upon their experience in Florida. 2.2 Equipment 2 . 2 . 1 The CONTRACTOR shall provide appropriate equipment capable of installing the grout seal as specified. 2 .2 . 2 The CONTRACTOR shall provide a standard mud balance to measure cement grout density. GROUT 02090 - 1 CI\DOCUME— I \mikeh\LOCALS—I \Temp\Temporary Directory 17 for IRC wells Div l .zipM-lRC_Grout-OLD.doc 10/17/07 2 . 3 Cement 2 . 3 . 1 All cement used on all work shall be Florida Class H sulfates resistant cement (ASTM CI 50, Type II) conforming to the "Specifications forOil- Well Cements and Cement Additives" (API Standard l0A) . 2 .4 Gravel 2 .4. 1 Gravel must conform in size to SJRWMD rules, regulations, or permit conditions for well abandonment and the borehole/casing diameter. Gravel or sand shall only be used during grouting activities if pre- approved by the ENGINEER. 2 . 5 Cement Additives 2 . 5 . 1 Cement additives that may be used to cement in zones of high permeability (cavities) after being approved by the ENGINEER are : calcium chloride, gilsonite, cellophane flakes , kolite or equivalent, and bentonite. Organic polymers, peanut shells, cotton seed hulls may not used as lost circulation materials . 2. 6 Accelerants 2 . 6 . 1 Up to four percent CaCl2may be used as a hardening accelerant after being approved by the ENGINEER, in which case setting times can be reduced by one half. 3 .0 EXECUTION 3 . 1 Cement Grout Mix 3 . 1 . 1 Portion 1 cubic foot of cement (i . e. , one 94 pound sack) to not more than 6.0 gallons of water. Cool clean potable water shall be used to mechanically mix with cement at the site immediately before placement. The CONTRACTOR shall make arrangements to secure the volume of potable water required to complete the work . Consistency and mixing shall be approved by the ENGINEER. 3 . 1 . 2 The cement grout may be composed of between 4 to 12 percent additives if the need for such additives can be justified . A maximum 12 percent of additives may be added to the cement grout, with an average of not more GROUT 02090 - 2 C:\DOCUME—I \mikeh\LOCALS— I \Temp\Temporary Directory 17 for IRC wells Div I .zip\08-IRC Grout-OLD.doc 10/17/07 than 10 percent additives when four percent accelerators are used. In the cementing of the upper 100 feet of the final casing only, four percent bentonite may be added . In the lower 100 feet of the final casing, cementing must be attempted with no additives . Should this prove to be impractical , a mixture up to 12 percent bentonite may be used if approved by the SJRWMD in advance . 3 . 1 . 3 The CONTRACTOR shall utilize a standard mud balance to measure and verify cement grout density as requested by the ENGINEER . 3 . 2 Additives: 3 .2 . 1 The use of special cements or other admixtures (ASTM C494) to reduce permeability, increase fluidity and/orcontrol set time and the composition of the resultant cement grout must be pre-approved by the ENGINEER and the SJRWMD. 3 .2 .2 Consistency and method of mixing shall be reviewed by the ENGINEER prior to grouting. 3 . 2 .3 Furnish all bentonite required for cementing in the proportions specified in the Proposal and as directed by the ENGINEER. 3 . 2 .4 Furnish other cementing additives formulated specifically for well cementing as required by the ENGINEER. 3 . 2 . 5 A high shear mixer shall be used for additives and totally hydrated to smooth slurry before cement is added. For each grout batch, about 5 to 10 percent of the mixing water shall precede the other components . 3 . 3 Placing : 3 . 3 . 1 Prior to any cementing, the CONTRACTOR shall use the caliper log to calculate cement requirements. 3 . 3 .2 The CONTRACTOR shall submit a cementing plan for approval to the ENGINEER, 24 hours prior to the first stage of cementing. The cementing plan shall detail estimated cement quantities for length of casing to be grouted, the nature of the mix cement slurry including weight per unit volume (density), proposed cementing schedule, expected pressures , and description of the cementing equipment to be used by the CONTRACTOR for the cementing operation . GROUT 02090 - 3 C:\DOCUME- 1 \mikeh\LOCALS- 1 \Temp\Temporary Directory 17 for IRC wells Div l .zip\08-IRC_Grout-0LD.doc 10/17107 3 . 3 . 3 All cementing of casing shall be accomplished in the presence of the ENGINEER . 3 . 3 .4 If cementing activities require observation by a SJRWMD and/or County Health Department representative, the CONTRACTOR shall notify and coordinate cementing activities to accommodate this requirement at no additional cost to the OWNER . 3 . 3 . 5 The pressure grout method of cement placement shall be used for the initial stage of grouting the intermediate and final casings . The grouting shall be done in such a manner that shall assure the entire filling of the borehole and annular space from the casing bottom to the vertical stage height obtained. The grouting shall ensure a watertight seal around the well casing to avoid downward or upward movement of water along the casing annulus and borehole . The CONTRACTOR shall monitor temperature and casing pressure during grouting operations. 3 . 3 .6 The annular space tremmie method is required for all subsequent cement stages. The bottom of the tremmie pipe shall initially be set within five feet of the top of the previous annular grout tag in the well , as approved by the field ENGINEER. Tremmie pipe shall be withdrawn as the annulus is filled, and before the cement has begun to set. 3 . 3 . 7 Samples of each lift of cement grout installed around each of the casings shall be retained by the CONTRACTOR . These grout samples must be collected a minimum of three times for each cement batch pumped; before pumping, in the middle of the batch , and near the end of the batch . Each sample shall be labeled and forwarded to the ENGINEER. 3 .3 . 8 The CONTRACTOR shall submit cement reports to the ENGINEER identifying the mixture and quantity of cement grout utilized for each cementing stage completed. 3 .3 .9 Staging and use of thixotropic or other high-yield cement types with special additives shall be required through highly permeable intervals , if approved by the ENGINEER and the SJRWMD. 3 .3 . 10 Staging and use of gravel in an open borehole area shall be required if approved by the ENGINEER and the SJRWMD . The gravel shall be introduced at a metered uniform rate in the manner to be approved by the ENGINEER and that shall allow even placement of gravel . Every GROUT 02090 - 4 C:\DOCUME- 1 \mikeh\LOCALS— I \Temp\Temporary Directory 17 for IRC wells Div 1 .zip\08-1RC_Grout-0LD.doc 10/ 17/07 precaution shall be taken to ensure placement without bridging of the materials as they are introduced into the well . 3 . 3 . 11 The CONTRACTOR shall be solely responsible for any defect in the cementing work and casing deformation due to improper, or lack of, equipment, technology, personnel or experience, either of CONTRACTOR or of any of his Specialty Subcontractors . CONTRACTOR shall pay all costs necessary to correct such defects . Should CONTRACTOR fail to correct defects , the ENGINEER may refuse to accept the well . 3 .4 Setting Time: 3 . 4. 1 No drilling operations shall be permitted until the grout has cured . 3 .4 . 2 Minimum setting time between stages shall be at least 12 hours . Longer time shall be necessary when high-yield cement is used. After cementing is completed on a casing, casing and well must remain undisturbed for at least 24 hours for setting of the cement . 3.5 Tag Depth : 3 . 5 . 1 The CONTRACTOR shall demonstrate the tag depths to the satisfaction of the ENGINEER and regulatory inspector prior to each grouting stage at all of the wells. The depth to the top of the existing grout or borehole shall be determined by washing out the annular space, if necessary, as approved by the ENGINEER and regulatory inspector. 4 .0 PAYMENT 4 . 1 Cement: 4. 1 . 1 The cost of cement and cement pumping shall be paid at the unit price per foot of cemented casing as stated in the CONTRACTOR ' s Bid Schedule. This shall include all necessary equipment, materials , and subcontracted services required to properly cement the casing as specified herein. 4. 1 .2 Payment for all work, materials, and equipment specified in this section , which are required to tag the top of each grout stage shall be included in the ubit price per foot of grouted casing as stated in the CONTRACTOR' s Bid Schedule . GROUT 02090 - 5 C\D0CUME— I \rrikeh\L0CALS— I1Tcrn ffcmporary Directory 17 for IRC wells Div I .zipM-IRC_Grout-OLD.doc 10/17/07 4 . 1 . 3 Waiting on cement to set for each grout stage shall be included in the corresponding lump sum price per grouted casing as stated in the CONTRACTOR ' S Bid Schedule. END OF SECTION GROUT 02090 - 6 C:\DOCUMEI \mikeh\LOCALS- 1\Temp\TemporaryDirectory 17 for IRC wells Div I .zipM-IRC_Groul-OLD.doc 10/17/07 SECTION 02150 GEOPHYSICAL LOGGING 1 .0 GENERAL 1 . 1 Scope of Work 1 . 1 . 1 The work included in this section covers the work, materials, labor and equipment necessary for geophysical logging and video surveying the production wells . 2 .0 PRODUCTS 2 . 1 Personnel 2 . 1 . 1 The CONTRACTOR shall furnish the services of an approved logging company to provide geophysical logs including a video survey. At the time he submits his bid, the CONTRACTOR must provide (for ENGINEERS approval) the name and address of the logging company that he will use. 2 .2 Equipment 2 . 2 . 1 The CONTRACTOR shall provide all materials, labor, and equipment including pump(s), flow meter(s), piping, valves and appurtenances necessary for pumping the well during performance of the dynamic geophysical logs and video survey. 2 .2 .2 The setup for pumping a well during the dynamic geophysical logging and video surveying shall be in accordance with Section 02200 PUMPING TEST. 3.0 EXECUTION 3 . 1 General 3 . 1 . 1 The CONTRACTOR shall retain full responsibility for notifying the logging crew , as nominated within his bid submittal , of the need to conduct the geophysical logging, water sampling and video surveying. 3 . 1 . 2 Prior to each geophysical logging, the CONTRACTOR shall prepare the hole to ensure that it is open and can be logged and/or surveyed with a minimum of delay. During the video survey clarity of the water shall be such that the video image has good GEOPHYSICAL LOGGING 02150- 1 C-\DOCUME- I \mikeh\LOCALS- I \Temp\Temporary Directory 18 for IRC wells Div I .zip\09-TRC_Logging.doc 10/ 17107 resolution . During each logging or surveying phase, the CONTRACTOR shall not charge for this standby time . 3 . 1 . 3 The CONTRACTOR shall set the centralizers on the video survey camera and logging tools 14- inches apart and the camera shall be set plumb and in alignment with the center of the 16-inch diameter final casing before proceeding down the well . 3 . 2 Geophysical Logging and Video Survey 3 .2 . 1 The following geophysical logs will be completed from land surface to the bottom of the mudded, nominal 30-inch diameter bore hole drilled to approximately 140 feet below land surface (bls): a. Caliper Log b . Gamma Ray c . Long-Short Normal Resistivity 3 . 2 .2 The following geophysical logs will be completed from land surface to the bottom of the mudded, nominal 23 -inch diameter bore hole drilled to approximately 400 feet bls : d. Caliper Log e. Gamma Ray f Long-Short Normal Resistivity 3 .2 . 3 The following geophysical logs will be completed under either static and/or dynamic (pumping) conditions after the 14-inch diameter borehole has been drilled to its completion depth of approximately 750 feet bls and the well has been developed by overpumping. The pumping rate during the dynamic logging will be in the range of 1 ,000 to 1 ,600 gallons per minute The actual pumping rate will be determined by the ENGINEER in the field: Static Logs Dynamic Logs Caliper Log Flowmeter Gamma Ray Temperature Spontaneous Potential Fluid Resistivity Temperature Video Survey Fluid Resistivity Long-Short Normal Resistivity Flowmeter GEOPHYSICAL LOGGING 02150-2 C :\DOCUME— I \mikeh\LOCALS— I \Temp\Temporary Directory 18 for TRC wells Div Lzip\09-111C—Logging.doc 10/ 17/07 3 . 3 Reporting 3 . 3 . 1 The CONTRACTOR shall furnish four (3 ) high quality field copies of the various geophysical logs to the ENGINEERS . The CONTRACTOR shall deliver ten ( 10) final copies and a CD-ROM containing the digital information of all logs prepared by the logging company to the ENGINEER. 3 . 3 .2 The CONTRACTOR shall provide two (2) field copies in VHS format and ten ( 10) final copies in either CD or DVD format of the video survey. All copies of logs and surveys shall be clearly labeled and sealed . Copies of poor quality will be rejected . PART 4.0 PAYMENT 4 . 1 General 4 . 1 . 1 Payment for each of the logging phases specified including pumping the well during dynamic logging shall be included in the lump sum price in the CONTRACTOR ' S bid schedule and described in the Measurement and Payment Section of these documents . 4. 1 . 2 Payment for pump equipment installation is specified in Section 02200 PUMPING TEST. END OF SECTION GEOPHYSICAL LOGGING 02150-3 C :\DOCUME— I \mikeh\LOCALS—I \Temp\Temporary Directory 18 for TRC wells Div Lzip\09JRC_Logging.doc 10/17/07 SECTION 02200 PUMPING TEST 1 .0 GENERAL 1 .01 WORK INCLUDED A . This section covers the work, materials, and equipment necessary for pumping the well complete . B . The well will be pumped during development, dynamic geophysical and video logging of the well . C . Limited hydraulic testing of the well will also be completed to determine current well efficiencies. Testing will consist of specific capacity testing or variable rate step testing. The estimated length of the variable-rate, step-drawdown pumping, or specific capacity tests at the production well is 8 hours . D . Three to four different pumping rates shall be utilized during these tests . The ENGINEER shall determine the rates and time steps in the field. The pump shall be left undisturbed and in place during the aquifer recovery period, approximately equal to 50 percent of the total pump test duration. However, the ENGINEER shall be the sole judge as to length of the tests and therefore may increase or decrease the total pumping time of the tests. E . The ENGINEER shall determine the time to begin the variable-rate step-drawdown test within the time constraints of the Contract period . 2.0 PRODUCTS 2 . 01 PERSONNEL A . The CONTRACTOR shall provide experienced personnel to setup and maintain the pumping test equipment B . The CONTRACTOR shall provide experienced personnel that are to collect the water samples in accordance with applicable Florida Department of Environmental Protection (FDEP) Standard Operating Procedures (SOPs) per FDEP quality Assurance Rule, 62- 160 .200 and . 320 Florida Administrative Code (F . A .C) . C . The CONTRACTOR shall provide the services of an environmental testing laboratory to analyze the water samples. The laboratory must be certified by the Florida Department of Health and Rehabilitative Services in accordance with Chapter 64E- 1 , F .A . C . At the time he submits his bid, the CONTRACTOR must provide (for PUMPING TEST 02200- 1 CADOCUME- 1 \mikeh\LOCALS- 1 \Temp\Temporary Directory 19 for IRC wells Div I .zip\10-TRC_Pumping test.DOC ENGINEERS approval) the name, address, and certification number of the testing laboratory that he will use . The ENGINEER, at his discretion, may reject a laboratory and request other choices of laboratories . 2 . 02 TEST PUMP A . Furnish and install a test pump and driver capable of pumping from 500 to 2,000 gallons per minute (gpm) . The pump equipment shall be suitable for accommodating the video and geophysical logging operations under pumping conditions. B . Provide a butterfly valve, or equal , on the discharge side of the pump for adjustment of flow rate down to 500 gpm if the test pump engine cannot be sufficiently throttled. C . The pumping unit prime mover, controls, and appurtenances shall be capable of being operated without interruption for a period of 12 hours. D. CONTRACTOR shall furnish engine-driven equipment or shall make his own arrangements for power for well pumping tests . E . The pump, motor, and discharge head shall be installed such that the well can be accessed to run geophysical logs while pumping, and to provide access for water level measurements as required by the ENGINEER . 2 . 03 FLOW MEASURING DEVICE A . Provide both machined orifice plate(s) and flowmeter(s) capable of measuring the pump discharge within + 5 percent of true flow for flow rates from 500 to 2 ,000 gpm . 2 . 04 DISCHARGE PIPING A. Furnish, install, maintain, and operate discharge piping for the pump unit of sufficient size to conduct pumped water to the designated discharge location as directed by the ENGINEER, (up to 500 feet from the well). The CONTRACTOR shall install a valve and spigot along the discharge pipe within five feet of the wellhead 2 . 05 ACCESS PIPE A . Provide and install a ] -inch minimum ID pipe to permit installation of a steel tape, bubbler airline, or electric measuring device famished by the CONTRACTOR. The pipe shall terminate approximately 2 feet above the pump bowls and be of sufficient strength to remain open for the duration of the test. PUMPING TEST 02200-2 Ci\DOCUME—I \mikeh\LOCALS— I \Temp\Temporary Directory 19 for IRC wells Div I .zipMJRC_Pumping test.DOC 3.0 EXECUTION 3 . 01 INSTALLATION OF PUMPING EQUIPMENT A . The pump, flow measuring device(s) , discharge piping, access pipe/air-line, and other necessary appurtenances shall be installed for the well pumping test. 3 . 02 PRELIMINARY CAPACITY PUMPING TEST A . Run a preliminary capacity pumping test prior to the pumping tests . The preliminary capacity pumping test shall be conducted to establish rates and evaluate equipment performance, including discharge capacity, and to estimate the production capacity of the well prior to implementation of the step drawdown test. Operate the pumping test equipment continuously at such rates of discharge and for such period of time as determined by the ENGINEER. Duration of such preliminary test shall be approximately 1 hour. B . Unless otherwise approved by the ENGINEER, the preliminary capacity pumping test shall be conducted on the day preceding the pumping test . C . The static water level in the well shall be allowed to recover for a minimum time equal to the duration of the preliminary test before start of well pumping test or longer as determined by the ENGINEER. 3 . 03 PUMPING TEST A . Operate the variable-rate step-drawdown and aquifer performance pumping test equipment continuously at such rates of discharge and for such period of time prescribed by the ENGINEER. B . The CONTRACTOR shall provide an operator during the entire time the pump is in operation, as required by the ENGINEER, to operate the prime mover and to regulate the discharge by the throttling device during the test pumping period. C . The CONTRACTOR shall collect a water sample from the spigot on the discharge pipe between the 6th and 8th hour of the pumping and submit the sample to the selected laboratory for analysis of the following parameters : • Select primary drinking water standard listed in Chapter 62-550, F.A. 0 including inorganic compounds (Table 1 ) , volatile organic contaminants (Table 4), synthetic organic contaminants (Table 5), Total coliform , and radionuclides (Combined radium-226 and radium-228 and Gross alpha particle activitiy; • All secondary drinking water standards (Table 6) listed in Chapter 62-550, F. A .C . ; PUMPING TEST 02200-3 Ct\DOCUME- 1 \mikeh\LOCALS—I \Temp\Temporary Directory 19 for TRC wells Div Lzip\I0-TRC_Pumping test.DOC • Total Iron ; Total Sulfides, Calcium , Magnesium , Total Alkalinity, specific conductivity, and turbidity. D . At the completion of the pumping test, the pump bowls and column shall not be removed from the well for a time equal to 50 percent of the total pumping time to allow accurate water level recovery measurements to be taken, or less as determined by the ENGINEER . No additional standby time or pumping time payment shall be awarded during this period. 3 .04 DISPOSAL OF WATER A . Disposal of water shall be the responsibility of the CONTRACTOR . The CONTRACTOR' s method of disposal shall follow an approved route, prevent re- circulation of discharged water into the aquifer being tested, and provide for erosion control and sedimentation along the entire flow route . B . Water may require settling to reduce turbidity prior to disposal . ENGINEER must approve methods of settling excess turbidity prior to commencing each pumping test . CONTRACTOR is responsible for meeting turbidity requirements prior to discharge water entering receiving waters. 3 . 05 WATER LEVEL ACCESS A . Access shall be provided at the wellhead for water level measurements in the well prior to and during the pumping test. 4.0 PAYMENT 4 .01 PUMP SETUP A . Payment for setup of pumping test, including furnishing, temporarily installing, and removing the pump, driver and associated discharge piping, and also described in the Measurement and Payment Section of these documents shall be made at the CONTRACTOR' s lump sum bid price for Item No . A- I 1 of the Bid Tab. Payment shall constitute full compensation for all time, materials , and equipment required to obtain, assemble, and disassemble the equipment. 4 .02 WATER QUALITY TESTING A . Payment for water quality testing including sampling, preservation, shipping, and laboratory services and also described in the Measurement and Payment Section of these documents shall be made at the CONTRACTOR ' s lump sum bid price for Item No. A- 15 of the Bid Tab. PUMPING TEST 02200-4 C:\DOCUME— I \mikeh\LOCALS— I \Temp\Temporary Directory 19 for (RC wells Div I .zip410-IRC_Pumping test.DOC 4. 03 HOURLY OPERATION A . Payment for performance of pumping test shall be made at the unit price per hour for Itrem No . A- 16 of the Bid Tab, to the nearest one-half hour per day during the geophysical logging and hydraulic testing operations . The CONTRACTOR will not be paid the hourly rate for pumping during the time the equipment is not actually in use or in the event the pumping test is not performed for the full duration as directed by the ENGINEER (up to 8 hours in length) . END OF SECTION PUMPING TEST 02200-5 C:\DOCUME- 1 \mikeh\LOCALS- 1 \Temp\Temporary Directory 19 for TRC wells Div ] .zip\ I0-IRC_Pumping test.DOC SECTION 02250 WELLHEAD COMPLETION 1 .0 GENERAL 1 . 1 SCOPE OF WORK 1 . 1 . 1 This section covers the work, materials, and equipment necessary for completing the wellhead of the production well . 2.0 PRODUCTS 2 . 1 GENERAL 2 . 1 . 1 Provide all materials and equipment necessary for capping the production well, as specified. 2 . 1 .2 Provide all materials and equipment necessary for disinfecting the production well (If requested), as specified. 2 .2 CAPPING PLATE 2 . 2 . 1 Secure a PVC Blind Flange with nuts and bolts to flange as a means of temporarily capping the production wells . Nuts and bolts shall be 3/4-inch stainless steel . 2 .3 FLANGE 2 . 3 . 1 Install a PVC Flange meeting all the requirements of ANSI/AW WA- C115/A21 . 15 to the top of the 16-inch PVC casing. Flange may be secured by solvent weld or may be threaded directly to casing. 2 .4 DISINFECTION AND BACTERIOLOGICAL CLEARANCE 2 .4. 1 If the results of the water quality analysis, which was conducted during the pumping test, shows the presence of coliform bacteria in the well , the ENGINEER may request that the CONTRACTOR disinfecting the well according to applicable section of AW WA standard C654-87. Following disinfection , The CONTRACTOR shall collect two samples of raw water from the well and submit them to the Indian River County Health Department (IRCHD) or a certified laboratory for bacteriological analysis. Wellhead Completion 02250- 1 Ct\DOC UME— I \mikeh\LOCALS—I \Temp\Temporary Directory I for IRC wells Div I .zip\ I I ARC_Wellheadl.doc 10/17/07 2 . 4 .2 In the event that samples analyzed exceed IRCHD standards, the CONTRACTOR may elect to either 1 ) continue sampling until two sequential samples meet disinfection standards, or 2) discontinue testing, re-disinfect the well , and start the testing procedure over. 2 .4 . 3 It is the responsibility of the CONTRACTOR to properly dispose of the disinfected well water. 2 .4. 4 Upon successful completion of the bacterial clearance, the CONTRACTOR shall provide the ENGINEER with all sampling records, including sampling time, date, collector name, and lab analyses results . 2 .5 CAPPING 3 . 6. 1 Bolt blind flange to flange after the well has been constructed, tested, and disinfected (if requested) . 4.0 PAYMENT 4 . 1 GENERAL 4 . 1 . 1 Payment for all work and materials specified in this section for capping the production well shall be at the lump sum price as stated in the CONTRACTORS bid schedule and described in the Measurement and Payment Section of these documents for Wellhead Completion . 4 . 1 . 2 Payment for all work and materials specified in this section for well disinfection, laboratory analysis of total coliform water samples, and disposal of disinfection water shall be at the lump sum price as stated in the CONTRACTORs bid schedule and described in the Measurement and Payment Section of these documents for Well Disinfection . END OF SECTION Wellhead Completion 02250- 2 C\DOCUME— I \mikeh\LOCALS— I \Temp\Temporary Directory I for IRC wells Div I .zip\I IARC_Wellheadl.doc 10/17/07 SECTION 02300 DEMOBILIZATION 1 .0 GENERAL 1 . 01 WORK INCLUDED A . This section covers the work necessary to remove from the site all personnel, supplies, equipment, and site restoration and cleanup . Demobilization shall be completed within two weeks after the completion of all other site work. 2 .0 PRODUCTS 2 . 01 GENERAL A . Provide all materials and equipment required to accomplish the work as specified. B . On all questions concerning the acceptability of materials, execution of work, determination of costs, the decision of the ENGINEER shall be final and binding upon parties . C . The CONTRACTOR shall assume full responsibility for all supplies, materials, and equipment required by it for the contracted work, whether furnished by itself or other parties . 3.0 EXECUTION 3 . 01 GENERAL A . Accomplish all required work in accordance with the applicable portions of these Specifications and Parts or as approved by the ENGINEER . B . The replacement of minor obstructions and restoration of physical features, even though not shown or specifically mentioned shall be anticipated and accomplished. C . Upon leaving the site at the completion of the work, the CONTRACTOR shall clean equipment and materials of surface and subsurface materials contacted at the site. 3 . 02 CLEANUP OF CONSTRUCTION AREAS DEMOBILIZATION 02300- 1 CADOCUME- 1 \mikeh\LOCALS— I UemplTemporary Directory 2 for IRC wells Div ] .zip\ ) 21RC_DEMORDOC A. Avoid defacing of the site area. Do not dump waste oil , fuel, rubbish , or other materials on the ground. Restore the site to condition approved by the ENGINEER . B . Replace or repair any facility, equipment, buildings, fencing, etc . damaged during work. Site cleanup shall be completed to the satisfaction of the ENGINEER. Solid waste such as subsurface fluids shall be contained so that it shall not migrate from the site or areas designated by the ENGINEER . This includes drill cuttings and debris such as wood, pipe, and hose . These materials shall be segregated and identified and removed and disposed of offsite, as approved by the ENGINEER . 4.0 PAYMENT 4 .01 GENERAL A . Payment for all work , materials, and equipment specified in this section shall be at the lump sum unit price as stated in the CONTRACTORS bid for DEMOBILIZATION . Payment shall only be made once for the site, and shall be for clean up and removal of equipment. B . A project closeout meeting is mandatory at the site following CONTRACTORS completion of Demobilization. Cost for this shall be included in the CONTRACTORS Bid for DEMOBILIZATION . END OF SECTION DEMOBILIZATION 02300-2 Ct\DOCUME— I \mikeh\LOCALS—I \Temp\Temporary Directory 2 for IRC wells Div I .zip\12-IRC_DEM0BD0C SECTION 02500 STANDBY TIME 1 .0 GENERAL 1 . 1 DEFINITIONS : 1 . 1 . 1 Standby time is shutdown time of the equipment and crew for any portion of the normal working day (7 : 00 a. m . to 7 : 00 p . m . , Monday through Friday) when the OWNER or ENGINEER orders work to cease or when other activities at the site preclude work by the CONTRACTOR, as approved by the ENGINEER . 1 . 1 . 2 Standby time does not include time when the ENGINEER ' S representative or a regulatory agency or other authority orders work to cease because of safety, lack ofproper equipment or supplies, or violation of federal , state, or local rules, regulations, or statute . 2.0 PAYMENT 2 . 1 GENERAL 2 . 1 . 1 Payment for standby time (resulting from each cause approved by the ENGINEER) shall be at the unit price per hour, to the nearest half-hour per day, as stated in the Contractors Bid for STANDBY TIME. END OF SECTION Standbif Time 02500- 1 C\DOCUME— I \mikeh\LOCALS— I \Temp\Temporary Directory 3 for IRC wells Div I .zip\ 13-Standby.doc 10/ 17/07 SECTION 02678 WELL DEVELOPMENT 1 .0 GENERAL 1 . 1 Scope of Work: 1 . 1 . 1 This section covers the work, materials, and equipment necessary for the development of the wells, complete. 1 . 1 . 2 The total development time per well is estimated to be 4 to 8 hours per well . However, the ENGINEER shall be the sole judge as to when development is complete and shall, therefore, increase or decrease the total development time. 2 .0 PRODUCTS 2 . 1 2 . 1 Personnel 2 . 1 . 1 The CONTRACTOR shall furnish capable personnel and equipment to develop the wells by over pumping, as specified. 2 . 2 Equipment 2 . 2 . 1 The CONTRACTOR shall provide all materials, labor, and equipment including pump(s) , flow meter(s) , piping, valves and appurtenances necessary for developing the well by over pumping. 2 .2 . 2 The setup for pumping a well during development by over pumping shall be in accordance with Section 02200 PUMPING TEST. 3 .0 EXECUTION 3 . 1 DEVELOPMENT BY OVERPUMPING : 3 .31 . 1 Operate the pumping development equipment continuously at such rates of discharge (between approximately 1 ,500 and 2,000 gpm) and such periods of time as determined by the ENGINEER. The well shall be pumped until the water is free from sand, silt, and turbidity and/or until no further improvement in turbidity and specific capacity can be observed . The ENGINEER shall determine when development by C:\DOCUME- I \MIKEH\LOCALS- i \TEMP\TEMPORARY DIRECTORY 4 FOR IRC WELLS DIV LZIP\I4- IRC DEVELOPMENT.DOC high capacity pumping is complete. 3 . 1 . 2 The static water level in the well shall be allowed to recover for a time equal to the pumping development time before start of the Variable- Rate Specific Capacity Test. 3 .2 PUMP REMOVAL : Do not remove the pump and appurtenant equipment until the work is complete as specified in Section PUMPING TESTS and as approved by the ENGINEER . 3 . 3 DISPOSAL OF WATER: Disposition of well development water is the responsibility of the CONTRACTOR. All water produced shall be settled of excess solids and conveyed away from the well in an environmentally safe manner and as directed by the ENGINEER. A discharge line of sufficient length and diameter as specified in Section 02200 - PUMPING TEST shall be provided by the CONTRACTOR to convey the development water to an approved location . 4.0 PAYMENT 4. 1 HOURLY DEVELOPMENT : Payment for development of the well shall be made at the unit price per hour, to the nearest half-hour, as stated in the CONTRACTOR ' s Bid for WELL DEVELOPMENT. The CONTRACTOR shall not be paid the hourly rate for development during the time the equipment is not actually in use for development of the well , or for any equipment repair, or for any time, in the opinion of the ENGINEER, that the development procedure is not being accomplished in accordance with these Specifications, its direction, or both . Payment at the hourly rate shall constitute full compensation for all labor, materials, and equipment specified in this section. 4. 2 PUMP EQUIPMENT INSTALLATION : Payment for pump equipment installation is specified in Section 02200 PUMPING TEST. C\DOCUME- I \MIKEH\LOCALS- I \TEMP\TEMPORARY DIRECTORY 4 FOR IRC WELLS DIV I .ZIP\ I4- IRC_DEVELOPMENT.DOC