Loading...
HomeMy WebLinkAbout2011-108B ND iAN RivER CouNTY � .E I, Rol ' ii Py i 1 ly Y� ti�Hll ' I " lij11 A4 'I illiq ' Jim � �y ,�R ip� V31 ' "4�ikrg3 y9 J� OR BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITY SERVICES REUSE DISTRIBUTION AUTOMATION SYSTEM Project No . UCP4065 Bid No . 2011032 WIP 4 472 - 169000 - 11502 SECTION 00020 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY The Indian River County ( IRC ) Board of County Commissioners is accepting sealed bids until 2 : 00 P. M. on Wednesday March 16 , 2011 . Each bid shall be submitted in a sealed envelope and shall bear the name , address of the bidder and " Reuse Distribution Automation System— Bid No . 2011032 " on the outside . Only bids received on or before the time/date listed will be considered . Bids mailed should be addressed to Purchasing Division , 1800 27th Street , Vero Beach , Florida 32960 . All bids will be opened publicly and read aloud . All bids received after the deadline will be returned unopened . Project Description : Design and construction of telemetry automation system to control reuse water distribution utilizing radio interfaces to control electric actuated valves . Control of the system will be from a central location with a HMI screen and also accessible via the County ' s Ethernet system . System design , programming system logic , screen configuration , and associated hardware will be required . All material and equipment furnished and all work performed shall be in strict accordance with the plans , specifications , and contract documents ; which may be obtained from Marie Jenkins , Indian River County Department of Utilities , 1801 27th St . , Vero Beach , FL 32960 , Tel . No . ( 772 ) 226- 1825 FAX ( 772 ) 770-5143 by deposit of a check in the amount of Twenty-Five dollars $25. 00) for each set , which represents cost of printing , handling and is non-refundable . Communications as to this bid shall be directed to IRC Purchasing Department at 772 -226 - 1416 or purchasinq (aD, ircgov . com . All bids shall be submitted in Duplicate on the Bid Proposal forms provided within the specifications . A BID SECURITY must accompany each Bid , and be in the form of an AIA Document A310 Bid Bond . As set forth more fully in the Instructions to Bidders , County reserves the right to delay awarding of the Contract for ninety ( 90 ) days after the bid opening , to waive informalities in any bid , or reject any or all bids in whole or in part with or without cause/or to accept the bid that , in its judgment , will serve the best interest of IRC Florida . IRC is an Equal Opportunity Employer. A Pre - Bid Conference meeting will be held on March 2 , 2011 at 10 : 00 A . M . at the Indian River County Administration Bldg . "A" Rm . Al -216 at 1801 27th St . , Vero Beach , FL . This meeting is non - mandatory . INDIAN RIVER COUNTY PURCHASING MANAGER For Publication in the Vero Beach Press Journal February 9 , 2011 Please furnish tear sheet and Affidavit of Publication to : INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Vero Beach , Florida 32960 Data Flow Systems ( Company Name ) SECTION 00300 BID FORM ( Based Upon EJCDC NoaC -700 , 2002 Ed . ) PROJECT IDENTIFICATION : _ Indian River County Bid No 2011032 — UCP # 4065 Reuse Distribution Automation System PROJECT DESCRIPTION ; CONTRACTOR shall complete all work as specltled or indicated In the Contract Documents . The work is generally described as follows which shall Include , but is not necessarily limited to the following : System Installation Design and construction of telemetry automation system ( SCADA ) to control reuse water distribution utilizing radio interfaces to control electric actuated valves with control logic . Control of the system will be from a central location with a HMI screen and also accessible via the County's Ethernet system . System design , programming system logic , screen configuration , and associated hardware will be required THIS BID IS SUBMITTED TO : Indian River County Purchasing Department 1800 27" Street Vero Beach , FL 32960 00300- 1 FAU01111aslUTILITY - EMPLOYEE FOLOERSILarryBrotmTronl End DOc51DD300 pfd Form Reuse aulomakn.doc Data flow Systems j (Company Name ) 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 , 2 . Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders . This Bid will remain subject to acceptance 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 Requirements within len ( 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 ) : Date Number March 4 , 2011 Addendum # 1 (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 Supplementary Conditions of the extent of the technical data contained in such reports j and drawings upon which Bidder Is entitled to rely. i (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 tlme 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 00300-2 F:1UBlllios1UT1LITY - VAPLOYEE FOLDERSItnrry BroemlFronl End Docs10030D Bid Form Reuse aulomatlon . doc Data Flow Systems (Company Name ) 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 studles 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 timeframe . l ( a ) Within 150 calendar days from effective date of Notice to Proceed , Contractor shall complete the following tasks : 1 . Obtain all necessary permits . 2 . Receive approved shop drawings for all materials and equipment to be utilized in the Job . 3 . Locate all existing utilities in the area of work. 4 . Submit and secure approval of shop drawings 5 . Mobilize all labor, equipment , and materials . 6 . Deliver and store all equipment and materials . 7 . Notify all utilities and other affected parties prior to initiating construction . ( b ) From 151 calendar days to 210 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Complete hardware installation 2 . Complete system programming and configuration 3 Complete system validation testing 3 . Correct all deficiencies noted by Engineer. Completion of all tasks outlined above ( i . e . , Subparagraphs a ) and b ) constitutes Substantial Completion . 00300-3 FA. Utilitie5WILITY - EMPLOYEE FOLDERS1Larry BrownTront End Docs100300 Bid Form Reuse aulamation. doc Data Flow Systems ( Company Name) (c) From 241 calendar days to 241 calendar days from the effective date of Notice to i Proceed , the CONTRACTOR shall complete the following tasks : f 1 . Clean up project area . 2 , Remove all equipment and material from project site . 3 . Perform contract closeout procedures . Completion of all tasks outlined above (i . e , , Subparagraphs a , b , and c ) constitute Final Completion . 6 . The following documents are attached to and made a part of this Bid : (a ) Certificate of Compliance with the Florida Trench Safely Act (Section 00300 Bid Form ) , (b ) Disclosure of Relationships (Section 00452 ) (c) General Information Required for Bidders ( Section 00456 ) 7 . 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 . i (Remainder of this page is Intentionally left blank) I 00300- 4 F :IUIIIiIIns1UTILITY - EMPLOYEE FOLOERSILorry6ro%WFront End Does=300 Bid Form Rause eutomalfon ,doc Data Flow Systems ATTACHMENT 1 Indian Rivet- County Department of Utilities BID FORM 00300-5 Project : REUSE DISTRIBUTION AUTOMATION Indian River County Bid No . 2011032 Bid Bid Item Estimated Unit of Unit Total Item No . Description Quantity Measure Price Price 3 Valve Operators 8 each 5 , 0 0 6 . 401048 . 2 Level Indicators J 6 each 586 . 31 SIG , 3 Installation I lot - 15 , 767 . 4 Programming 1 lot - 31706 , 5 Configuration , Testing & Start-Up l Iot _ 15 , 995 , 21141 , 6 Electrical & Controls 1 lot 15 , 9 9 5 . 7 Dismantlement & Disposal I lot - 51282 * I 8 Contingency 15 % of Items I thru 7 12 , 968 , 9 Design 1 lot - 21702 . Subtotal 102 , 125 . 10 Mobilization 1 lot 7 , 847 . TOTAL CONSTRUCTION COST $ 109 , 972 . 00 00300-5 SCHEDULE OF BID ITEMS All bid Items shall include costs for furnishing to the OWNER all materials , equipment , and supplies and for all costs incurred In completing the work Including Installation of all materials , equipment, and supplies furnished , complete in place and ready for continued service , all other labor , taxes , insurance , miscellaneous costs , overhead , and profit. NOTE : Contingencies Definitions - Contingencies shall be bid in an amount equal to 15 % of the sum of the bid . The amount bid for contingencies shall only be paid for in the event change orders are needed and approved by Indian River County For unforeseen work in conformance with this contract. The amounts to be paid for by Owner under contingencies shall not exceed the value of the approved change orders . I have attached the required 5 % Bid Security to this Bld . BIDDER INFORMATION , SUBMITTED ON : 3 / 15 / 2011 ( DATE ) SUBMITTED BY: Data Flow Systems , Inc • ( NAME OF BIDDER ) 605 N . John Rodes Blvd . (STREET ADDRESS ) Melbourne , FL 32934 (CITY , STATE , ZIP ) 321 - 259 - 5009 (PHONE #) 321 - 259 - 4006 (FAX V ) davew@dataflowsys . com ( E - MAIL) 59 - 2103644 ( FEDERAL ID #) i F39035 ( FLORIDA LICENSE #) Thomas F . Smaidrls SIGNED BY: ( PRINTED NAME ) President {TITLE ) 1/0 (SIGNATURE) I 00300- 6 F:1UII1itioslUTILITY - EMPLOYEE FOLDER51Larry Brov4Fronl End Dor.s=300 Bid Form Rouse aulornallon . doc Data Flow Systems (Company Name ) TRENCH SAFETY ACT COMPLIANCE STATEMENT Project REUSE DISTRIBUTION AUTOMATION SYSTEM I Bid Number 2011032 — UCP #40659 I 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 . Ali 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 . 1 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 . I will comply with The Trench Safety Act and 1 will design and provide trench safety systems at all trench excavations in excess of five feet in depth for this Project . 2 . The eNstimmated cost imposed by compliance with The Trench Safety Act will be : Dollars__ per linear foot of trench to be excavated . 3 . The estimated cost imposed by compliance with the Trench Safety Act will be : N /A Dollars $ per square foot of special shoring used . 4 . The amount listed above has been Included within the Base Bid . Certified ; Data Flow Systems , Inc . (C r [or) " By, ( Signature) Thomas F . Smaidris (Typed or Printed Name) Title : President i i STATE OF : FIorItro,, COUNTY OF ; lbre %SGz.o The foregoing instrument was acknowledged before me this r S day of Mlu di , 20 It by V i S of P 16 to S Swn15T�62C wba-� is personally known to me or has produced as identification and who did (did not) take an oa L IL AW A`eNotary Public State of Florida , Deborah Caskey-WilkinsonNotary Public. .4 affix seal ) F M Commission DD768998y° Expires 03129l2012 My Commission Expires : A6urc t� �9 * *** k *****k ******* ##*** ** * A * * * * ***** * A* **# ******* * ** ** *# ***i * A*A *k* * k* k ** **k * k*# k# A** # k* # ** **#** #** ** * ## *#*k **# * ***** 00300-7 FAUlllitlesWTILITY - EMPLOYEE FOLDERSILerry l3rownTront End DocsW0300 Bid Form Reuse aulomation.doc i If BIdder is : A CORPORATION By:_ Data Flow Systems , Inc . (Corporation Name ) Florida (State of Corporation ) By:_ Thomas F . Smaidris (Name of Person Authorized to Sign ) President (Title ) ( Corporate Seal ) + ATTEST: ✓ --4 `�—�- Business address : 605 N . John Rodes Blvd . Melbourne , FL 32934 By: (SEAL ) (General Partner) Business address : { * * *** **** **AA *A * *AA * A *A *A ** ** **** * * * AA* k*AkA * kk* A ** ** k* k ** A ***** A * ***AAA *AA **A*A** A *A **** A** A ** A * A * * ** ** A* A* k * * REND OF SECTION " i E I 00300- 8 FAU111i0osWILITY - EMPLOYEE FOLDEMLarry OrownlFront End Docs100300 Old Form Reusa aulomation.doc THE AMERICAN INSTITUTE OF ARCHITECTS Executed in 2 Counterparts 9# AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Data Flow Systems , Inc . 605 N John Rodes Blvd . , Melbourne , FL 32934 - 1Meie insert full name and address or legal title of Contractor) as Principal , hereinafter called the Principal , and North American Specialty Insurance Company (Here insert full name and address or legal title of Sur") 650 Elm Street, Manchester, NH 03101 a corporation duly organized under the laws of the State of NEW HAMPSHIRE as Surety, hereinafter called the Surety, are held and firmly bound unto Indian River County Board of County Commissioners (Here insert full name and address or legal title of Owner) 1800 27th Street, Vero Beach , FL 32960 as Obligee , hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ - - - 5 % - - - ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators , successors and assigns, jointly and severally, firmly by these presents . WHEREAS , the Principal has submitted a bid for • (Here insert full name, address and description of project)Bid # 2011032 , Reuse Distribution Automation System , NOW , THEREFORE , if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds , if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid , then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 16th day of March 2011 Data Flow stems, Inc ( Witness) (Title) North American Specialty Insurance Company G ety) (Seal) (Witn s) ` (Title) Cheryl Foley , Attorney- in - Fact and Florida Licensed Resident Aqent AIA DOCUMENT A310 • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 N . Y . AVE ., N . W . , WASHINGTON , D . C . 20006 1 ® Printed on Recycled Paper 9/93 �I /` � 51 ; 1211, I Y (. r IZO111' NORTI-I AMERICAN SPE 11AZ4TY INSURANCGCOMPANY WASI IENGTON 1NTGRNA 'EIONAL . INSUKANCEi COMPANY GENERAL POWh; R Of' ATTORNGI' KNOW A ] 1 MGN BY ' I ' 1 'lliSli PRGS1r,N ' 1184 TI IAT North American Specially Insurance Companv , a corporaticnt duly organized cold exis ( ing; uniiol. laws ol' the Stills oi' Ncw I lampsltirc , and having its principal office ill the City of Manchester, New I lillupsltit'e , and W, In httca'natinnal Insurance Conyraly, a corporation organized and existing under the laws of the Slate of New I lampshire and having its principal office in the City of Schaunnlntrg, Illinois, each does hcrchy make , consli ( utc and appoint : XITRF,Y W . I2NIC 1i SUSAN I... REIGN , K1M F . NIV , T1 ; RFSA 1 . . DIJRIIAM , PATRICIA L . SLAUUI I fl It 1 _ S I L NL DUNAI 'IIJI:, I ( RL ( iURI• nRacfCI : NLll , ]) UN 13R ;1M1 .\ ( its , ( iLURIA A . It1C ' I IAKUS noel CIIL• Rl ' J , I OL1 ': 1' ............ - -- - — _ —_ OIN ' I ' I . )' ( ) It SLVI ( RAU . Y Its Iruc and lawihf Attorncy( s )- in- I acl , to make, execute, seal ;Ind deliver, fur and on it :; behalf and as its act and [ Iced , bonds or other writings obligatory in the nature of' n bund on hchall' of each of said Companies, as surety , on cont<Icls of suretyship as are or may be required or permitted by law, regulation , contract or otherwise, provided that no bond or undertaking or corllr;lcl or suretyship executed under this authority shall exceed the almmni of: I WI ;N'I Y 111 I: MILLION ( '125 , 0001000. 00) DOLLARS This Power ol ' Auomey is granted and is signed by facsimile under and by the authority of the fbilowirtg Resolutions adopted by the Boards of Directors of bolls North Anicricon Specially Insurance Company nncl Washington hl ( crna ( iollal Insurance Company at mcelings duly called and held on the 24 °' of March , 2. 000 : • ' Rf. SOLVED, that any two of, the Presidents ) anv Managing Director, illy Senior Vice President, all, Vice President, any Assistant Vice 1 'rosidcul , the Secretary or any Assislin7l Secretary be, and each or ally of thou hcrclly is authorized to execute it Power of' Atiomcy qualifying the allorncy named in tile. given Powev oJ' At ( orney to Mettle on behall' of oils Company bonds, undertakings and all cum'acls uf' sulv ( y , and that each or ally of Ibcal hereby is authorized to attest to file execution of any such Power ol' Altorney and to attach therein the seal of the Company ; and it is FUR'fl II: R RF.SOLVF. D, that the signature o1• such oflicers and the seal ofthc Company play be affixed In any such Power of Attorney or to any ccrtificale relating thereto by facsimile, and ally such Power ofAltomcy or certificate hearing such 111CSIIniIC signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with rceard lu illy bund, tnldertaking or contract of surety ( o which it is attached . • • s0 �Xury 11/x ruQ,G 'pPOq''•:SG /S By ` `i l IN PdtON r( � / �j.J T A . o ar � 1 1 SEAL : Q = Sn•veu 1'. Awlcnon, I4nidrnl F (:host 1? crnrivr (/ltirm of WnsLiadl ml Illlrlll OII IIII:II Illtnglllff I Ullllllllly VCM. 1973 All ; n S Sruinr Vice (Tcsldrul At Nurlh Mucrldlx Sprclully Insnrnnrr C:nuprugV ( i ' n f i4 H•IMPS�' n q/1gHu IIn1Ptt�\ U David p1 . I ,nvmxu, Senior Vire virsiden{ of 11':15hinglou Iulenraliunal Inst 1111cv Company rs 10114 ,V; Vire Prestdenl of Nur1h Amoipul Sl rri:dty Duurnuce Cumpauy IN WfhNI SS WHERFOF, North American Specially Insurance Company and Washington International Insurance Company have caused their official seals to Ix: Hereunto affixed , and these presents to be signed by their aulhorized ol,licers this 1311 day of mayV0 10 North American Specialty Insurance Companip W3SIlilig (On IIItCI.113 molal Insurance Company Stalc of Illinois C 'ouuty of Cook ss : On this 13th clay of _---t`1ay_ — -, 20. 10 . bel6re tile, a Notary Public personally appeared _ Slcvwi P . Anderson , President and ( ' I : 0 of V"ashinglon International Insurance Company and Senior Vice President of Norlh American Specialty ] rasurance Company and I) avi I M . I jlym_ll) , Senior Vice President cif Washington International Insurance Company and Vice I 'residenl of North American Specially Insurance "(-, nsurance Company , personally known to nuc , who being by me duly sworn , acknowledged th :il they signed the above fewer of Attornev as o ('ficel;s of an (1 acknowledged said instrument to be the vuluntaly act and decd of their resncctive comnanics . F . SF;1IJVSlic, Staic of 111inrIin_ug ;on Uxpilati 10/01i2011Unn ❑ . 5klcns. Notary Public wvi�v�w.ry 11 James_A. C.' iiimiler .. , the duly elected .~_Assistant Scere.liorJ' ul ' North Americ; ln Specially lnsuroncc Company and WashinP, lun Into tiational Insurance Company , do hereby certify Iltat the above and foregoing is a true and correct copy ul' ; I Power of Attorney Liven by said North American Specialty Insurance Conpany and Washington International lnsuritncc Conlpatay , which is still in 11111 force and eflecl . IN WITNFSS WIIHRI?ON, I have set my hand and aflixecf the seals of the Companies this 16th (hly of March l ;" Jana':. A CmpUmcr Vice, r Itr,dutl Asea: til Sc WI01v of 1l raluu;:len lotun:ninmd III %wxA:u ( 'o:nl'^ It PJutth Alne" can Sptualll IA-:mace C'mtgr:sly SECTION 00410 AIA DOCUMENT A310 BID BOND The Contractor shall use the document form entitled "AIA Document A310 Bid Bond . " * END OF SECTION * 00410- 1 F : \Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - Reuse Automation- UCP 4065\Bid Documents - Reuse Automation \00410 Bid Bond . doc i Data Flow Systems i ( Company Name) SECTION 00431 SCHEDULE OF SUBCONTRACTORS I The following are the subcontractors to be used if the undersigned is awarded the contract for this project . NAME & ADDRESS TYPE OF WORK SISCO SE Industrial Sales Measurement & Start - up Services I i I I Total dollar amount that will be 2 400 . 00 awarded to Sub - contractors : $ NOTE : The above Schedule of Subcontractors will become a part of the contract to be awarded and must be submitted in writing to the OWNER for approval prior to that sub - contractor performing the work . j * END OF SECTION * I 00431 - 1 FALItililies\UTILITY - EMPLOYEE FOLDERS\Larry Brown\Front End Docs\00431 Schedule of Subcontmetors . doc Data Flow Systems ( Company Name ) SECTION 00452 SWORN STATEMENT UNDER SECTION 105 . 08 , INDIAN RIVER COUNTY CODE , ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS , 1 . This sworn statement MUST be submitted with Bid , Proposal or Contract No 2011032 for Reuse Distribution Automation System 2 . This sworn statement is submitted by : Data Flow Systems , Inc . ( Name of entity submitting Statement) whose business address is : 605 N . John Rodes Blvd , Thomas F . Smaidris 3 . My name is ( Please print name of individual signing ) and my relationship to the entity named above is President 4 . 1 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 . 5 . 1 understand that the relationship with a County Commissioner or County employee that must be disclosed 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, half brother , half sister, grandparent , or grandchild . 6 . 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 . ] X 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 . I 00452- 1 Data Flow Systems (Company Name ) 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 : Name of Affiliate Name of County Commissioner Relationship or entity or employee { i ( Signature ) ( Date ) STATE OF Ot6L COUNTY OF 7?) re Va. rG( The foregoing instrument was acknowledged before me this 15 day of IMarCtl 201 , by I `T /Yl CSS 6m,11 I ' ✓t S , who ispersonallyknown to me or who has produced as identification , NOTARY PUBLIC S I G PRINT : 1 ✓r � L� C'�Sk� — L4� i a Notary Public , S ate at large My Commission Expires : i ( Seal ) * END OF SECTION * � Notary Public state of Florida a� Deborah Caskey-Wilkinson C My Commission DD768998 i '' orn0 Expires 03/29/2012 I I 00452-2 i i Data Flow Systems SECTION 00456 (Company Name ) 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 . I Documentation Submitted with Indian River County Bid No 2011032 for the Reuse Distribution Automation System 1 . How many years has your organization been in business as a General Contractor? DFS was incorporated in 1981 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 ? Automation for VFDs and water booster station . Completed in Oct 2010 . Owner is Eglin Air Force Base . 3 . Have you ever failed to complete work awarded to you ? If so , where and why? No I 4 . Name three individuals or corporations for which you have performed work and to which you refer: Larry Cooper , Hernando County ( 352 ) 754 - 4773 John Mandrick , Fernandina Beach ( 904 ) 277 - 7380 Darryl Gibson , Pasco County ( 727 ) 834 - 3358 5 . Name of person who inspected site or proposed work for your firm : Name : Eric Stord Date of Inspections : 2010 Describe any anticipated problems with the site and your proposed solutions : i I I I I 00456- 1 FALItilitiesWTILITY - EMPLOYEE FOLDERSIarry BrownTront End DocsNO0456 General information Required of Bidders-Reuse Automation . doc Data Flow Systems ( Company Name ) i 6 . Will you Subcontract any part of this Work? If so , describe which portions : Yes , start up of valves . 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 ) . PAVING : SURVEYING : TESTING LAB : 8 . What equipment do you own that is available for the work ? All required i 9 . What equipment will you purchase for the work ? None 10 . What equipment will you rent for the work ? I None 11 , Florida Contractor' s License No : CUC1224837 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 . ) See Attached I 00456 -2 FAUtililies\UTILITY - EMPLOYEE FOLDERS\ Larry Brown\Front End Docs\00456 General Information Required of Bidders- Reuse Automation .doc I Data Flow Systems (Company Name ) 13 . List the names and titles of ALL officers of Contractor ' s firm : Thomas F . Smaidris , President R . Brent Saunders , VP Steve Whitlock , VP Stacy Hurlbut , VP 14 . State the true and exact , correct , and complete name under which you do business . BIDDER is : Data Flow Systems , Inc . 15 . State your total bonding capacity: ; 10 Million 16 . State your bonding capacity per job . 1 Million 17 . Please provide name , address , telephone number,, and contact person of your bonding company; Florida Surety Bonds Inc . , - Cheryl Foley 407 - 786 - 7770 620 N Wymore Rd , Maitland , FL 32751 i NOTE : If requested by the County , the Bidder shall furnish a financial statement, references and other Information , sufficiently comprehensive to permit an appraisal of his current financial condition . i " END OF SECTION' i 00456-3 FAUlilities\UTILITY - EMPLOYEE FOLDERS\Larry Brown\Front End Docs\00456 General Information Required of Bidders- Rouse Automation. doc 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 10 day of MAV in the year 20 11 by and between Indian River County , a political subdivision o the State of Florida ( hereinafter called OWNER ) and DAT:A FLOW . ( 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 : A . CONTRACTOR shall complete all work as specified or indicated in the Contract Documents . The work is generally described as follows which shall include , but is not necessarily limited to the following . Design and construction of telemetry automation system to control reuse water distribution utilizing radio interfaces to control electric actuated valves . Control of the system will be from a central location with a HMI screen and also accessible via the County ' s Ethernet system . System design , programming system logic , screen configuration , and associated hardware will be required . The system will be compatible with the existing DFS SCADA system utilizing existing towers and repeaters . Additional antennas , towers and repeaters necessary to provide a complete functioning system to accomplish the intent of the " Sequence of Operations " shown in the specifications are the responsibility of the contractor. B . The OWNER shall have the option of direct purchase of all material and equipment for the project in accordance with Rule 12A- 1 - 094 of the Florida Administrative Code . The contractor will be responsible for preparing the purchase documents for purchasing by the owner . The contractor will be responsible for scheduling , receiving , handling , and storage of all direct purchase material and equipment . ARTICLE 2 ENGINEER The project will be a design / build supplied by the contractor . The owner will have the right to approve the all plans and specifications prior to construction . If the Owner' s Engineer or Representative deems the plans and /or specifications inadequate , redesign of the system will be by the Contractor at no cost to the Owner unless redesign is the result of a change of scope initiated by the Owner . 00530- 1 F : Wtilities\DTII ITY - EMPLOYEE FOLDERS\I_arry Brown\Front End Docs\oo53n AnrPAmPnt RPI ISP Atitmmntinn rinr ARTICLE 3 CONTRACT TIME 3 . 1 The CONTRACTOR shall be substantially completed with the following timeframe ( a ) ( a ) Within 150 calendar days from effective date of Notice to Proceed , Contractor shall complete the following tasks : 1 . Obtain all necessary permits . 2 . Receive approved shop drawings for all materials and equipment to be utilized in the job . 3 . Locate all existing utilities in the area of work . 4 . Submit and secure approval of shop drawings 5 . Mobilize all labor , equipment , and materials . 6 . Deliver and store all equipment and materials . 7 . Notify all utilities and other affected parties prior to initiating construction . ( b ) From 151 calendar days to 210 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Complete hardware installation 2 . Complete system programming and configuration 3 Complete system validation testing 3 . Correct all deficiencies noted by Engineer . Completion of all tasks outlined above ( i . e . , Subparagraphs a ) and b ) constitutes Substantial Completion . ( c ) From 211 calendar days to 241 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Clean up project area . 2 . Remove all equipment and material from project site . 3 . Perform contract closeout procedures . Completion of all tasks outlined above ( i . e . , Subparagraphs a , b , and c ) constitute Final Completion . 3 . 3 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 ( $ 450 . 00 ) for each day that expires after the time specified in Paragraph 3 . 1 Completion . 00530-2 FAIJ ititiPc\ i iTn iTY . EMPLOYEE FOLDERS\Larry Brown\Front End Docs\00530 Aareement Reuse Automation . doc 3 . 3 . 1 . The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above - stated liquidated damages due to the Owner from payments due to the Contractor ; or , in the alternative , all or any portion of the above - stated liquidated damages may be collected from the Contractor or its Surety or Sureties . These provisions for liquidated damages shall not prevent the OWNER , in case of the CONTRACTOR ' s default , from terminating the Contractor' s right to proceed as provided in this Agreement . 3 . 3 . 2 . In addition to the above - stated liquidated damages , the CONTRACTOR shall be responsible for reimbursing OWNER for all costs incurred by OWNER to third party consultants in administering the Project beyond the Substantial Completion date specified in this Agreement , or beyond an approved extension of time granted to CONTRACTOR , whichever date is later . ARTICLE 4 CONTRACT PRICE 4 . 1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $ log 0 '? _7D, 4 . 2 Any direct purchase material and equipment will be deducted from the lump sum price specified in Article 4 , 4 . 1 plus all applicable sales tax . c 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 Government 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 00530 -3 C . \ 1 1T11 ITV CKAPI rIVFF F: 01 nF: Pq\I nrry Brown\Front End Docs\00530 Agreement Reuse Automation . doc 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 : 1 ) 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 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 as 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 Public Construction Bond . 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 : 00530 -4 P - \ 1 RIfiUIac\t tTfl iTY - FMPLOYEE FOLDERS\Larry Brown\Front End Docs\00530 Acreement Reuse Automation . doc 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 SC -4 . 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 . 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 contii uous 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 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 . 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 . 00530 -5 G u i , ; rt ; n �ii rni rry Gnnoi rnFF Fni nFRRu nrr Rrnwn\ Front End Docs\DMIO Anreement Reuse Autnmation . doc 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 Public Construction Bonds ( Section 00610 ) . 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 " Reuse Distribution System Automation as listed in the table of contents hereof . 8 . 7 Drawings , inclusive with each sheet bearing the following general title Reuse Distribution Automation . " 8 . 8 Addenda numbers toNIT , inclusive . 8 . 9 CONTRACTOR ' S Bid ( Section 00300 ) . 8 . 10 Specifications bearing the title " IRCDUS Water and Wastewater Utility Standards JULY 2009 " , 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 . 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 . 00530- 6 F :\Utilities\UTILITY - EMPLOYEE FOLDERS\Larry Brown\ Front End Docs\00530 Aqreement Reuse Automation . doc 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) 00530-7 F : \Utilities\UTILITY - EMPLOYEE FOLDERS\Larry BrownTront End Docs\00530 Aareement Reiica Aiifmmnfinn rinr IN WITNESS WHEREOF , OWNER AND CONTRACTOR have signed this Agreement the day and year first written above . This Agreement will be effective on OWNER CONTRACTOR Indian River County rA 6�7 V Sr V0C . Board of County Commissioners By : By : Bob Solari , Chairman JRAT.ESEAQ Attes'z�"?'/ Attest : J . K . Barton , Clerk of the Circuit Court By : l Address for giving notices Deputy Clerk Approved By : Jo p A . B rd , County Administrator License No . i" 3� � 3 Ap roved as to Forma al Sufficiency : Agent for sry of process : ` boo County ftorney °6° °O`?e�� VQIYI /V(`ofA���� °° a V� • • .0 4 Address for giving notices ° is 0 .'yF 1801 27th Street Ira Vero Beach , Florida 32960 a 0 eQ�•� : ° a ��• . A• Sr. RCOUt� f't , � o4p°°aa° aoaaaao , * END OF SECTION * 00530-8 F : \ Utilities\UTILITY - EMPLOYEE FOLDERS\Larry Brown\ Front End Docs\00530 Agreement Reuse Automation . doc - 2140746 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL Executed in 2 Counterparts BK: 2499 PG : 2437 , Pagel of 3 Public Work 05,123/2011 at 03 : 06 PM . F. S. Chapter 255 . 05 ( 1 )(a ) JEFFREY K BARTON , CLERK OF COURT Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255 . 05 OR SECTION 713 . 23 FLORIDA STATUTES , AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255 . 05( 2 ) OR SECTION 713 . 23 FLORIDA STATUTES . BOND NO : 2137671 CONTRACTOR NAME : Data Flow Systems , Inc . CONTRACTOR ADDRESS : 605 N John Rodes Blvd , Melbourne FL 32934 - CONTRACTOR PHONE NO : ( 321 ) 259 - 5009 SURETY COMPANY : North American Specialty Insurance Company 650 Elm Street Manchester, NH 03101 ( 603 ) 644 -6600 OWNER NAME : Indian River County Board of County Commissioners OWNER ADDRESS : 1800 27th Street Vero Beach , FL 32960 OWNER PHONE NO . : (772 ) 567-8000 OBLIGEE NAME : ( If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS : OBLIGEE PHONE NO . : BOND AMOUNT: $ 109, 972 . 00 CONTRACT NO. : ( If applicable) DESCRIPTION OF WORK : Reuse Distribution Automation System PROJECT LOCATION : Indian River County, FL LEGAL DESCRIPTION : ( If applicable) FRONT PAGE All other bond page (s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon . THE ATTACHED STATUTORY COVER PAGE FORMS AND BECOMES A PART OF THIS BOND . PUBLIC CONSTRUCTION BOND Bond No . 2137671 , executed in 2 counterparts ( enter bond number) BY THIS BOND , We Data Flow Systems , Inc . as Principal and North American Specialty Insurance Company , a corporation , as Surety , are bound to Indian River County herein called Owner, in the sum of $ 109 , 972 . 00 for payment of which we bind ourselves , our heirs , personal representatives , successors , and assigns , jointly and severally . THE CONDITION OF THIS BOND is that if Principal : 1 . Performs the contract dated Koou \ 0 0000000� , 2-01 k, between Principal and Owner for construction of Reuse Distributloh Automation System contract being made a part of this bond by reference , at the times and in the manner prescribed in the contract ; and 2 . Promptly makes payments to all claimants , as defined in Section 255 . 05 ( 1 ) , Florida Statutes , supplying Principal with labor, materials , or supplies , used directly or indirectly by Principal in the prosecution of the work provided for in the contract ; and 3 . Pays Owner all losses , damages , expenses , costs , and attorney's fees ; including appellate proceedings , that Owner sustains because of a default by Principal under the contract; and 4 . Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract , then this bond is void ; otherwise it remains in full force . 5 . Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255 . 05 (2 ) , Florida Statutes , 6 . Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety' s obligation under , this bond . ell- IF DATED ON 5I < Data Flow Systems , Inc . ' Name of rinci al ' " • Ci, � ` f ; ` - s By r to • .r1.4 L �. North American Specialty Insurance Company ( Name of Sure ) By : rLoo - Cheryl Foley , ttorney-in - ct & FL Lic . Resident Agent Inquiries : (407 ) 786-7770 00610 - 3 NAS SURFTY CROIIP NOWITI AMERICAN SPECIAI ; I'Y INSURANCE COMPANY WAST IINGTON INTGRNATIONAI, INSURANCE COMPANY GENERAL POWF, R OF ATTORNEY KNOW AIA , MGN BY fl IFSI . PRESI ;N fS , '1' l IA 'T North American Specialty Insurance Company , a corporation duly organized and existing under laws ol' thc State ol' New I lampsh ire , and having its principal office in the Cily of Mancbcs( er, New Ifampshire, an (I Washington International Insurance Company , it corporation organized and existing under the laws of the Slate of New I iampshire and having its principal office in the City of SchUIllib 1rg, Illinois. each does hereby make , constitute and alppoinl : X111Rh,Y W . 12F, ICli , SUSAN 1:. REICH , KIM F . NIV , ' I' fiRIiSA L. DURIIA1v1 , PATIZICIA L. Sl-AUDI1 'il'Jt , t . GSL, IG M . DONAHUE, .l . CiRliC.iORY MecKI::NL. li , DON 131ZANI [ ACi17„ GLORIA A . RICI ( ARDS and CIiLiRYL 1:01 , EY - JOIN • I • I . V (W SI FRALI ,Y -- • —_.. ._ IIs Inle and lawful Atforocy (s )- in-Pact , to make, execute, seal and deliver, for and on its bchall and as its act and decd , bunds or other writings obligatory in [he nalurc Oita bumf of behall' of' each ofsaid Companies , as surely , on contracts ofsorelyship as are or play be required or permitted by law, regulation , contract or otherwise, provided that no bond or undertaking or contract or sarclyship executed under this authority shall exceed the amoulll of I .... -- ------R . .. _ .._ _ . _ _ . _ ..- ... ... ......_....... .. _ . This Power of Atlorncy is granted and is signed by facsimile under and by the aulhorily of the lollowiug, Resolutions adopted by the Boards of Directors of both North American Specially Insurance Company and Washington lnternitliunifl Insurance Company at meetings duly called and held oil [ lie 24 °' of March, 2000 : " RHSULVI' D, than any two of the Presidenls, ally Managing Director, any Senior Vice President, Lilly Vice President , any Assistant Vice President , the Secretary or any Assistant Secretary be, and each or any ol' thcnt hereby is authorized to execute it Power of Atturncy qualifying the ntiorncy named in the given Power ol' AUorney to execute oil bchalfof the Company holds , undertakings and all contracts ot' sure ( y , and that each or any ol' lhcnl hereby is authorized to attest to the exeeution of any such lower of Atturncy alid to atlach therein the seal of the Company ; and it is 11,L) W 111 It RESOLVED, that the Signature ol' such oflicers and the Setif ol' the Company may be af(ixeCi to any SUCK Power ol" Attorney or to any certificate relating thereto by facsimile, and any such Power of' Attonley or certificate bearing such fitcsimile signatures Lir facsimile Seal shall be binding upon the Company when so affixed call([ in the filture with regard to any bund, undertaking Lir contract orsurety to which it is attached ." yQ•G�{YPOggrsL �``�__.. ._ . a�r+�p'f1eNA1 hss,By , r) '•• . 7. SEAI. : n c Steven P. Audrson, Yrrvidenl C:h7cf I;neill, live Llftiar of Wirehinglnn Lticrnnllonal In+annex Cmnpmiy 1073 roc n � & Srninr Vler Presld+nil of Narlh Anu•r lcnn Specinhy Insu1'uuer C'mnp:ury C� ' n I: t�, AM � fbON � By r David M. I,aywnu, scnial• Vire IhvsiJrul of \1 ashiuplon Inlcrnxliuunl MsmtNce Company ,@ Vire Pivsrdenl of Nuilli Ameiican Spcvi:dly Insnrmae Company IN WI •I'NHSS WIIERI OP, North American Specialty Insurance Company and Washington International Insurance Company have caused their Official Seals to be hereunto affixed , and these presents to be signed by their aulhorized olli "i-S ( his 13th day of Mi1y 2010 North American Special (y Insurance Company Washington International Insurance Company Stale of Illinois County of Cook ss : ( hl this 13th day of _--_May-• --- -' 2010 , beli re me. a Notary Public personally appeared _ Steven P . Anderson President Gall Ci0 ' 71I — --- -- Washington International Insurance Company and Senior Vice President of North American Specialty insurance Company and Dam Mt. a fila 11 Senior Vice Presidcnt of Wasbiuglon International insurance Company and Vice President ot' Norlh America ) Specialty Insurance (lclinpr+ny, personally I(nowu to me , who being by me duly swore , acluxlwlcdgul that they Signed lhn above Power of Attorney as otNCt,rs bfancf acknowledged Said instrument to be the voluntary act and dccd of their resnective conmanies. „UT•T1C( 11. ZFAt; I �ylfAlfl ✓t./�. . QQd,'rt'EA .l1 i _ Notary Pubik,F:S1a1c of Illinois --- '---- - - .--.- _.____ hty ( umm scion [. xpirty 1006r)Ull Donna 1 ) . Wells' Notary 1, ublic ,f wwwv.nevv.rwi , . .. 1 , .Impes A . liter,_ , the dulyclCctul,__ nSsis(anl Sccf_ehiryul ' North Ameriun Specially Insurance C:Iompany anfi 'Washingliln luternational Insurimcc Company , (to hereby certify that the above and CoregOML) iS it true 1111d cal'rCCI Copy of- a Power ul ' Attorney given b}'_said - Niii•th American Specialty Insurimcc Coalpany and lvoshington International Insurance Company , \ihich is Still in full force and cflcct . IN WI '1 'NBS Will'.RI;OF, I have set my hand and affixed the seals of the Companies this __J0 may ol' M_ 20_ IL, — Janwa A Uilvnw, Vice 1'u•sldnn Q Assisu it Srcrelary of Washington Inicinalinnal Ir1SbI1n1000•0mhmy ti Nurih Amuican Specially laulranco Company ACO� ® CERT F CATE {, app. L ABOp ITY � NS ,q {� � Co. DATE (MMIDDIYYYY) va fel 1k� 81 @ Y !9 � &'� U �I +hoE 5 / 11 ! 2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S ), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy( ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)- PRODUCER CONTACT NAME: Ann Watters Brown & Brown of Brevard PHONE ( 321 ) 757 - 8686 FAx (A1C No Ext)- , {AIC. No): ( 321 ) 757 - 8687 7341 Office Park Place E-MAIL ADL)RESS: awatters@bbbrevard . com Suite 202A PRODUCER () 0001815 Melbourne FL 32940 CU INSURED INSURERS AFFORDING COVERAGE NAIC # INSURER A :ST Paul Fire & Marine 4767 INSURER a :The Phoenix Insurance Co , 5 623 Data Flow Systems , Inc . INSURERC :Phoenix Insurance Com an 025623 605 N . John Rodes Blvd . INSURER0 ,14orth River Insurance Com an Melbourne FL 32934 INSURER E — INSURER F : COVERAGES CERTIFICATE NUPIBER .-CZ111309002 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR ODL U LTR TYPE OF INSURANCE iN R D POLICY NUMBER POLICY EFF POLICY EXP '- 1 MMIDDIYYYY MMIDDIYYYY LIMITS 1 GENERAL LIABILITY ' I EACH OCCURRENCE S 11000 , 000 F7X COMMERCIAL GENERAL LIABILITY f AMA E TO REN ESI D �� I PREMISES Ea occurrence I S 250 , 000 A CLAIMS-MADE I x I OCCUR E05801078 x /1 /2011 !1 / 1 /2012 MED EXP (Any one person) S 10 , 000 PERSONAL 8 ADV INJURY I S 1 , 000 , 000 GENERAL AGGREGATE � S 2 , 000 , 000 I GEN'L AGGREGATE LIMIT APPLIES PER: , --� —� PRODUCTS - COMPIOP AGG I $ 2 , 000 , OOO XCf 1 POLICY 5 ( PRO I I LOC S AUTOMOBILE LIABILITY ( ( f COMBINED SINGLE LIMIT i X ( ANY AUTO j j i (Ea accident) ( S 1 , OQO , 000 I 1428X849 / 1 /2012 BODILY INJURY (Per person) S B ALL OWNED AUTOS 1 / 1 /2011 SCHEDULED AUTOS I ' BODILY INJURY (Per accident) S PROPERTY DAMAGE i HIRED AUTOS ' (Per accident) $ NON OWNED AUTOS-- � uninsttmtd mr!'nrist sI-single s 500 , 000 I PIP-Basic S 10 , 000 X UMBRELLA LIAB HOCCUR i EACH OCCURRENCE 5 31000 , 000 EXCESS LIABCLAIMS.MADE ` III AGGREGATE S 3 , 000 , 000 DEDUCTIBLE i A XX7 RETENTION S 0 frEO5801078 1 / 1 /2011 1 / 1 /2012 C S I WORKERS COMPENSATION IWC STATU- O'- WCEMPLOYERS' LIABILITY Y / N ORY L1N1 �_ ANY PROPRIETORIPARTNERIEXECUTIVE j OFFICER/MEMBER EXCLUDED? F N ! A 1 E. L. EACH ACCIDENT 5 1 , OOO OOO I ( Mandatory In NH) IUB I1 /1 /2011 11 / 1 /2012 E. L. DISEASE - EA EMPLOYE $ 1 000 000 If Yes, describe under I ,_ DESCRIPTION OF OPERATIONS below I 1 I E. L DISEASE - POLICY LIMIT S 1 000 000 ; Errors & Omissions 1 1924 -206604 - 6 10/01 /2010 0/01/2011 D I I 0/01/20111 Limit $ 1 , 000 , 000 I Decutible $ 10 ( 000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder is named as additional insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Indian River County ACCORDANCE WITH THE POLICY PROVISIONS. 1800 27th Street Vero Beach , FL 32960 AUTHORIZED REPRESENTATIVE Paul Corbley/ANN ACORD 00 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved . INS025 (2oosos) The ACORD name and logo are registered marks of ACORD 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 A C C National Society of American Society Professional EngineersAWE A,NIIIYIGAX COUhR7141U iaul.lt,HriAING („Oh1YANIftS 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 ==4 �” r` ` C ���' r The Associated General Contractors of America Knowledge for Creating and Sustaining the Built Environment Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 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 . . . . . . . . . . . . . . . . . . . 1 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 of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, AMENDING , REUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 01 Intent . . . . . . . . . . . . . . . . . . q . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . q . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 02 Reference Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 04 Amending and Supplementing Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 3 . 05 Reuse of Documents . . . . . . . . . . . . . . . . . . . . q . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . q . . . . . . . . . . I I 3 . 06 Electronic Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l l ARTICLE 4 - AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS ; HAZARDOUS ENVIRONMENTAL CONDITIONS ; REFERENCE POINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 4 . 01 Availability of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 l 4 . 02 Subszoface 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 oflnsurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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, iWaterials, and Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 04 Progress Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 05 Substitutes and " Or-Equals " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M . . . . . . . . . . . . . . . . . . . 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 ARTICLE7 we 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 we ENGINEER ' S STATUS DURING CONSTRUCTION , . . . . . . D . . . . . . . . . . . . . . . . . Meg . . . . q . . . . . . . . . . . . . . . . . . . . . . . moo . . . . Dqqq . . . DODD . . . . . . . . . . . 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. . . . . . . . * . . . . . . . D . . . . M . . . . . . . . q . 0 . . . . . . . . . . . . . q . qD . . . D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D . . . . * . . . no . . . . . Dog . . . . . . . g g . . . . . . . . 27 9 . 06 Shop Drawings, Change Orders and Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 07 Determinations for Unit Price Work. . . . 0 . . . . . M . . . . . . . . q . . . . . . . . . M q . . . D D D M . . . . . . 0 . q D . . . . . . D . . . 0 . . D . . . . . . . . . 4 4 0 6 0 2 8 9 . 08 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 09 Limitations on Engineer 's Authority and Responsibilities . . . . . . . . . D . DDD D440660 " " of I ' * D D m q 4 4 D 4 4 4 * ' ' * * & D D 0 q 0 * * ' ' 4 4 4 4 4 * * * w 0 m 4 . . . . . . . D . D . . . . . . Dg28 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 I 1 - 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 we 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 andInspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 13 . 04 Uncovering Work . , . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ODD . . . . . . . . . . . . . . . . . ODD . . . . . 4 . . . . . . . . . . . . . . q 0 0 . . . . . . D . . . . . . . 0 W 0 0 a 6 0 0 0 0 6 6 0 0 D D , * o 0 0 3 4 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. . . . . . . q . . . . . . . D . . . . . . q q . . . . . . . . q q . . . . . . . D D M . 0 . . . . . . . M D . . . . D . . . D D D M . M . . . . . 0 . D . . . . . . . . . . . . . q . . . . . . . . D . . . . . . . . . D D . . . . . . . . . . . D D D . . . . . . . 0 D . . . . . . . . . D D 36 14 . 03 Contractor 's Warranty of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 14 . 04 Substantial Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 4 14 . 05 Partial Utilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14 . 06 Final Inspect, ion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14 . 07 Final Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . 08 Final Completion Delayed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 14 . 09 Waiver of Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 ARTICLE 15 - SUSPENSION OF WORT{ AND TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . �) 9 15 . 01 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 . . . 0 . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * 4 . . . . . . . . . . . . . . . . . . . . 40 ARTICLE16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 16 . 01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 ARTICLE17 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 17 . 01 Giving Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 17 . 02 Computation of Times . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 17 . 03 Cumulative Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 17 . 04 Survival of Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 17 . 05 Controlling Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 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 Terrns 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 for 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 IVork-- See Paragraph 11 . 01 . A 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 EJCDC 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 table(s ) 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 or any 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 . Allilestone--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 Aivard--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 Draivings-- 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 furnished 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 © 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 thereof. 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 . GVork--The entire construction or the various D . Defective separately identifiable parts thereof required to be provided under the Contract Documents . Work includes I . 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 © 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 1 . 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 © 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 1 . 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 . 1 . 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 1 . 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 1 . 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 4 . 01 Availability of Lands A . Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the A . Owner shall furnish 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 © 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 I . 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 Drmvings: 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 meets ; 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 1 . 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: EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved . 00700 - 12 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 a 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 Genera 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 ( ii ) 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 ( ii ) 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 1 . 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 furnish performance and payment bonds , each in an amount at least equal to the Contract 5 . 04 Contractor '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 .13 , 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 . 0 1 .13 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 1 . 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 C 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 furnish 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. i Copyright © 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 party 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 . 13 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 . 13 . 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 Genera 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- Rep/ace 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 /lours evidence requested) required by Paragraph 2 . 01 . 13 . 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 efficiently , devoting such attention C . All materials and equipment shall be stored , applied , Work competently and installed , connected , erected , protected , used , cleaned , and thereto and applying such skills and expertise as may be necessary to perform 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 . l ) 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 © 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 . 13 ), 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 detennination . 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 . 13 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 perforn-iance 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 1 . 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 . 13 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 cions, 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 Contractor ' s warranty and guarantee . D . Engineer ' s Review B . Contractor ' s warranty and guarantee hereunder 1 . 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 . I . acceptability by Engineer; E. Resubmittal Procedures 6 . any inspection , test, or approval by others; or 1 . 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: I . the preparation or approval of, or the failure to 7 . 01 Related Work at 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 Genera Conditions of the Construction Contract. Copyright © 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 1 . 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 J . the extent of such authority and responsibilities Documents . will be provided . 8 . 06 Insurance B . Unless otherwise provided in the Supplementary 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 are set forth in Article 5 . 7 . 03 Legal Relationships 8 . 07 Change Orders A . Paragraphs 7 . 0 LA and 7 .02 are not applicable for utilities not under the control of Owner. A . Owner is obligated to execute Change Orders as indicated in Paragraph 10 . 03 . B . Each other direct contract of Owner under Paragraph 7 . 0 LA 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 Owner 's 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 Order justifies 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 , I I . 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 for Unit Price 141'ork 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 . 13 . 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 . 13 . ( 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 . 13 . 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 © 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 Cost 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 . 0l . B , 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 11 . 01 . 13 . machinery , appliances , office, and temporary facilities at the Site , and hand tools not owned by 1 . 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 tine 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 I LOLA and for whose acts any of them may be liable . Such 11 . 01 . 13 . 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 . It . 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 1 l . 0LA and l 1 . 0I . B , 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 11 . 0I . A . 1 or specifically covered by allowances to be delivered at the Site, and all Paragraph l 1 . 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 © 2002 National Society of Professional Engineers for EJCDC. All rights reserved . 00700 - 31 ARTICLE 12 - CHANGE OF CONTRACT PRICE ; 1 . Contractor agrees that a contingency allowance , CHANGE OF CONTRACT TIMES if any, is for the sole use of Owner to cover unanticipated costs . D . Prior to final payment, an appropriate Change Order 12 . 01 Change of Contract Price 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 1 1 . 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 Paragraph 11 . 03 ) ; or are not guaranteed and are solely for the purpose of 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 . 13 . 2 , on the basis of the Cost of the Work (determined as provided in Paragraph 1 1 . 01 ) D . Owner or 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 . 01 . C) . 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 . 0 LA . I an increase in Contract Price as a result of having and I1 . 01 . 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 . 3 , 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 . 0l . C . 2 . a is that the Subcontractor who actually performs the Work , at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11 . 0 LA . 1 and 11 . 01 . A . 2 and that any higher tier EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright C 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 1 1 . 0l . A . 4 , 11 . 0l . A . 5 , Contractor, then Contractor shall be entitled to an and 11 . 01 . 13 ; 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 12 . 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 © 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 1 . for inspections , tests , or approvals covered by engineers, architects, attorneys , and other professionals Paragraphs 13 . 03 . 0 and 13 . 03 .13 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 Allay 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 . 13 . 06 Correction or Removal of Defective Work F . Uncovering Work as provided in Paragraph 13 . 03 . E 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 © 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 cost 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 1 . 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 . 13 . 09 Owner May Correct Defective Work B . If Contractor does not promptly comply with the terms 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 © 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 1 . 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 Engineer's 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 : 1 . 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 furnish - 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 merit; 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 I . 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 © 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 believes justified 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 , 1 . 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 1 . 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 .13 . 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 1 . 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 .13 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 ; P. 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 . 0 LA , the termination procedures of that bond shall Engineer; or supersede the provisions of Paragraphs 15 . 02 . 13 , 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 . 13 , 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 sum 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 . 17 . 01 Giving Notice B . In lieu of terminating the Contract and without 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 1 . 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 Times 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 b4ethods 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 . 1) 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 Lcnv 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 EJCDC . 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 1801 27th Street, Vero Beach, Florida 32960 AVER CO q Ai FLORT04' SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS 00800 - 1 F : \Utilities\UTILITY - Engineering \Projects - Utility Construction Permits\IRC - Reuse Automation- UCP 4065\Bid Documents - Reuse Auto mation\00800 supplementary Conditions Reuse Automation . doc TABLE OF CONTENTS 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 00800 -2 F :\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - Reuse Automation - UCP 4065\Bid Documents - Reuse Automation\00800 supplementary Conditions Reuse Automation . doc SUPPLEMENTARY CONDITIONS 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 1 - DEFINITIONS AND TERMINOLOGY SC - 1 . 01A . 43 . Delete paragraph 1 . 01A . 43 . of the General Conditions in its entirety and replace with the following : 43 . Specifications - Sections included under Division 1 through Division 2 of the Project Manual . ARTICLE 2 - PRELIMINARY MATTERS SC - 2 . 01 B . Delete paragraph 2 . 01 B 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 . 01 C Add a new 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 . 00800-3 F :\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - Reuse Automation- UCP 4065\Bid Documents - Reuse Automation\00800 Supplementary Conditions Reuse Automation . doc 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 . 0313 Delete existing 3 . 03B 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 . 01A Delete existing paragraph 4 . 01A of the General Conditions in its entirety and replace it with the following : A . Owner shall furnish the site . SC 4 . 01 B Delete existing paragraph 4 . 01 B of the General Conditions in its 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 . The locations of the test borings are indicated on the Drawings . 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 and tests of subsurface physical conditions at the site . The foregoing information and data shown or indicated in the Contract Documents is based on information and data furnished to Owner or the Engineer by others . The Owner and Engineer shall not be 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 00800 -4 F : \Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - Reuse Automation - UCP 4065\Bid Documents - Reuse Automation \00800 supplementary Conditions Reuse Automation . doc 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 . 03C1 Delete subparagraph 4 . 03C1 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 . Engineer may check the lines , elevations , reference marks , batter boards , etc . , set by Contractor , and Contractor shall correct any errors disclosed by such check . Such a check shall not be considered as approval of Contractor' s work and shall not relieve Contractor of the responsibility for accurate construction of the entire Work . Contractor shall furnish personnel to assist Engineer 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 . SC 4 . 07 Add the following new paragraph immediately after Paragraph 4 . 061 of the General Conditions . SC 4 . 07 Archaeological or Resources at Site SC4 . 07A If Archaeological or Historical Resources are revealed , uncovered or discovered at site , Contractor shall cease work immediately and solicit the services of an Archaeologist Registered with the Registry of Professional Archaeologists . Based on Archaeologist' s determination , Contractor shall then submit a Change Order in order to avoid resources or mitigate as required to proceed with project . ARTICLE 5 - BONDS AND INSURANCE SC 5 . 01A Replace the words " performance and payment bonds " with the words " Public Construction Bond . " ; then add the following sentence immediately after the existing text in paragraph 5 . 01A of the General Conditions : Pursuant to Florida Statutes section 255 . 05 ( 1 ) ( a ) ( 2007 ) , 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 . 03B of the General Conditions in its entirety . 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 . 00800 - 5 F :\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - Reuse Automation- UCP 4065\13id Documents - Reuse Automation\00800 supplementary Conditions Reuse Automation . doc 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 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 , 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 $ 500 , 000/combined single limit ( Bodily Injury/Property Damage ) ; personal injury protection - statutory limits ; $ 500 , 000/hired / non - owned auto liability . Limits can be layered with Excess Liability Policy ( Umbrella ) . 4 . Contractor' s Builders ' Risk "All Risk" Insurance : — AII 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) 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) owner 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 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- VII . 00800 -6 F :\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - Reuse Automation- UCP 4065\Bid Documents - Reuse Automation\00800 supplementary Conditions Reuse Automation . doc 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 . 01 B Delete paragraph 6 . 01 B of the General Conditions in its entirety , and replace with the following : 6 . 01 B 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 priorwritten 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 . 02B Add the following new paragraphs immediately after paragraph 6 . 0213 . 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 . 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 . 1 of the General Conditions : Additionally , any and all changes to the Project' s critical path must be reflected in each Project schedule_ 00800 -7 F : \Utilities\UTILITY - Engineering \Projects - utility Construction Permits\IRC - Reuse Automation - UCP 4065\Bid Documents - Reuse Automation\00800 Supplementary Conditions Reuse Automation . doc 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 Owner' s 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 Delete Paragraph 6 . 08 of the General Conditions in its entirety and replace with the following : ALL PERMIT , IMPACT , OR INSPECTION FEES APPLICABLE AT THE TIME OF OPENING OF BIDS THAT ARE PAYABLE TO INDIAN RIVER COUNTY IN CONNECTION WITH THE WORK ON THIS COUNTY PROJECT WILL BE PAID BY INDIAN RIVER COUNTY . Contractor acknowledges that the foregoing items are governed by the provisions of Florida Statutes section 218 . 80 , Public Bid Disclosure Act . Further , Contractor shall pay the applicable business tax and obtain a business tax receipt from the Indian River County Tax Collector . Unless otherwise provided in the Contract Documents , Contractor shall obtain and pay for all applicable construction permits . Owner shall reimburse Contractor for the cost of such permits on the basis of actual cost . Owner shall assist Contractor , when necessary , in obtaining such permits and licenses . As set forth in the Contract Documents , re- inspection fees are payable solely by Contractor . Owner shall pay all charges of utility owners for connections for providing permanent services to the Work . Owner has made application for and received the Indian River County ( IRC ) Right- of-way and Florida Department of Transportation ( FDOT ) Rights -of-way Permits . Said permits will be included in Section 00901 . Any permits issued after issuance of bid documents and prior to bid opening will be provided as an Addendum . The selected Contractor will need to obtain FDEP NPDES Permit for this project if the manner in which the project is constructed exceeds applicable thresholds . In the event an FDEP NPDES permit is not required for this project , the Contractor will still be responsible for installation of silt fences , turbidity barriers and other erosion control devices as necessary to minimize erosion due to construction activities . It will be the 00800 -8 FAUtilities\UTILITY - Engineering \Projects - Utility Construction Permits\IRC - Reuse Automation - UCP 4065\Bid Documents - Reuse Automation\00800 Supplementary Conditions Reuse Automation . doc Contractor' s responsibility to develop and maintain an erosion control plan at all times . The selected Contractor shall obtain an Indian River County dewatering permit , if such permit is required . Contractor acknowledges that the foregoing items are governed by the provisions of Florida Statutes section 218 . 80 ( 2006) , 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 . 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 . 21 E 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 7 — OTHER WORK AT THE SITE No Changes ARTICLE 8 OWNER' S RESPONSIBILITIES 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 . 11 of the General Conditions in its entirety . ARTICLE 9 - ENGINEER' S STATUS DURING CONSTRUCTION SC 9 . 02 Delete the first sentence of paragraph 9 . 03A of the General Conditions in its entirety and replace with the following : 00800-9 FAUtilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - Reuse Automation- UCP 4065\Bid Documents - Reuse Automation\00800 Supplementary Conditions Reuse Automation . doc A . Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified 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 . Engineer will furnish a part-time Project Representative . Contractor is responsible to give 24- hour notice on all required inspections so that the Project Representative may be present . SC 9 . 04 A 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 . 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 subsurface 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 00800 - 10 F :\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - Reuse Automation - UCP 4065\Bid Documents - Reuse Automation\00800 Supplementary Conditions Reuse Automation . doc prepared in accordance with the provisions of paragraph 12 . 02 . B . 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 . D and E of the General Conditions in their entirety 00800 - 11 F :\Utilities\UTILITY - Engineering \Projects - Utility Construction Permits\IRC - Reuse Automation - UCP 4065\Bid Documents - Reuse Automation\00800 Supplementary Conditions Reuse Automation . doc ARTICLE 11 - 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 . Delete paragraphs 11 . 02B through D of the General Conditions in their entirety . ARTICLE 12 - CHANGE OF CONTRACT PRICE ; CHANGE OF CONTRACT TIMES SC12 . 01 C Delete " 15 percent" in line 2 of paragraph 12 . 01 C . 2 . a of the General Conditions and replace with " 10 percent" . SC12 . 01 C Delete " 15 percent" in line 6 of paragraph 12 . 01 C . 2 . c of the General Conditions and replace with 10 percent" . 12 . 03A and B Delete paragraphs 12 . 03 . A and 12 . 03B 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 M 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 , fires , 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 : 00800 - 12 F :\Utilities\UTILITY - Engineering \Projects - Utility Construction Permits\IRC - Reuse Automation - UCP 4065\Bid Documents - Reuse Automation \00800 Supplementary Conditions Reuse Automation . doc 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 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 13 . 07C 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 ( 11 ) 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 11 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 . 1 of the General Conditions in its entirety and replace with the following : On or before the tenth ( 10th) 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 . 00800 - 13 F : \Utilities\UTILITY - Engineering \Projects - Utility Construction Permits\IRC - Reuse Automation - UCP 4065\Bid Documents - Reuse Automation\00800 Supplementary Conditions Reuse Automation . doc 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 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 . 1 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 . 1 . d 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 ) 00800 - 14 F :\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - Reuse Automation - UCP 4065\Bid Documents - Reuse Automation \00800 Supplementary Conditions Reuse Automation . doc 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 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 , HVAC , utilities , insurance , and warranties and guarantees . SC14 . 07A . 3 Delete paragraph 14 . 07A . 3 of the General Conditions in its entirety . SC - 14 . 078 . 1 Delete paragraph 14 . 0713 . 1 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 underthe Contract Documents have been fulfilled , Engineerwill 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 . 1 Delete paragraph GC - 14 . 07 . C . 1 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 . 1 Delete subparagraph 15 . 02 . A . 1 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 - 15 . 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 5 . Failure of Contractor to make proper payments to Subcontractors for labor, services , materials or equipment in connection with the Work ; 00800- 15 F :\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - Reuse Automation- UCP 4065\Bid Documents - Reuse Automation \00800 Supplementary Conditions Reuse Automation . doc 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 . 02 . F 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 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 . SC 17 . 07 through and including 17 . 14 Add the following new paragraphs after paragraph 17 . 06 of the General Conditions : 00800 - 16 F : \Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - Reuse Automation- UCP 4065\Bid Documents - Reuse Automation\00800 Supplementary Conditions Reuse Automation . doc 17 . 07 Utilities : The Contractor shall , at its expense , arrange for, develop and maintain all utilities in Work areas to meet the requirements of the Contract . Such utilities shall be furnished by Contractor at no additional cost to the Owner , and shall include but not be limited to the following : public telephone service for the Contractor' s use ; construction power as required at each point of construction ; and water as required throughout the construction . Prior to final acceptance of the Work the Contractor shall , at its expense , satisfactorily remove and dispose of all temporary utilities developed to meet the requirements of the Contract . 17 . 08 Drainage : The contractor shall so conduct its operations and maintain the Work in such condition that adequate drainage will be in effect at all times . Existing functioning storm sewers , gutters , ditches and other run - off shall not be obstructed . 17 . 09 Fire Hydrants : Fire hydrants on or adjacent to the highway shall be kept accessible to fire apparatus at all times and no material or obstruction shall be placed within fifteen feet ( 15 ) of any such hydrant . 17 . 10 Protection of Structures : Heavy equipment shall not be operated close enough to pipe headwalls or other structure to cause their displacement . 17 . 11 Fencing : On all Work which includes fencing and where the Engineer determines it to be necessary for maintaining the security of livestock or adjacent property , or for protection of pedestrians who are likely to gain access to the Work from adjacent property , the Contractor shall erect an appropriate temporary security fence as a first order of business . Temporary fencing shall be installed at temporary construction easement areas on all commercial and residential properties appropriate to secure the Work area and protect persons and domestic animals . At all times the Contractor shall conduct the Work under secure temporary fencing . Permanent fencing shall be addressed as required by the Plans and Specifications . 17 . 12 Record Drawings : The Contractor shall keep one record copy of all Specifications , Drawings , Addenda , Modifications , and Shop Drawings at the site in good order and annotated to show all changes made during the construction process . These items shall be available to the Engineer and shall be delivered to the Engineer for the Owner . Record Drawings shall be submitted with each pay request . Final acceptance of the Work will be withheld until the approval of such documents is made by the Owner . 17 . 13 Progress Videotapes / Photographs : Contractor shall deliver to the Owner prior to commencing the Project a preconstruction videotaping ( DVD -type color video ) of the Project with descriptive radio narrative clarifying orientation and objects viewed . Contractor shall provide monthly photographs taken on cutoff date for each scheduled Application for Payment and each major process component indicated construction status and progress from invitation of work at each component through substantial completion of each component . The cost of the video and photographs shall be included in the bid submitted by the Contractor . 17 . 14 Commercial Activities : Contractor shall not establish any commercial activity or issue concessions or permits of any kind to third parties for establishing commercial activities on land owned or controlled by Owner . Contractor shall not allow its employees to engage in any commercial activities on the Project site . END OF SECTION 00800 - 17 F :\Utilities\UTILITY - Engineering \Projects - Utility Construction Permits\IRC - Reuse Automation - UCP 4065\Bid Documents - Reuse Automation \00800 supplementary Conditions Reuse Automation . doc SECTION 00900 ADDENDA Addenda to be inserted following this page Remainder of this page intentionally left blank 00900 - 1 F : \Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - Reuse Automation- UCP 4065\Bid Documents - Reuse Automation \00900 Adenda . doc INDIAN RIVER COUNTY PURCHASING DIVISION 180127T11 STREET VER..O BEACH , FL 32960 I) �* PHONE ( 772 ) 226 - 1416 FAX ( 772 ) 770 - 5140URI �� ADDENDEM NO . 1 Date : March 4 , 2011 Project Name : Reuse Automation System BID NO . : 2011032 PROJECT NO . : UCP -4065 Bid Opening Date : 2 : 00 pm on March 16 , 2011 TO ALL PROSPECTIVE BIDDERS : TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED . This ADDENDUM is intended to clarify , correct, or change the Bidding Requirements of the Contract Documents . Therefore , it hereby supersedes anything to the contrary in the Bidding Requirements or Contract Documents . This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents . All questions about the meaning or intent of the Bidding Documents are to be submitted to the Purchasing Department in writing . Interpretations or clarifications considered necessary by ENGINEER F n response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents . Questions received less than then ( 10) calendar days prior to the date for opening of Bids shall not be answered (DEADLINE : March 7 , 2011 ) . Only questions answered by Addenda will be binding . Oral and other interpretations or clarifications will be without legal effect. All Bids must be received by the Purchasing Division office located at 1800 271h Street , Vero Beach , FL 32960 prior to the date and time shown above . Late Bids will be returned unopened . Addenda may be issued to clarify , correct , or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. Clarifications / Corrections 1 . The Contractor is responsible for determining the suitability of using existing equipment and radio devices . The owner will be responsible for repair/ replacement of existing equipment only if said equipment is defective in its current use . 2 . Liclude in bid price FCC annual registration service for 10 years on additional radio devices installed . 3 . Insert Attachment 1 in Section 00300- 5 . 4 . Question : How many Data Flow Syste»rs (DFS) RTUs are currently Being used in yottr• existing SCADA system ? , . Answer : There are approximately 305 RTUs with 3 RTUs Communicating with PLCs . 5 . Question : Wliat are the I/ O regatirements for each reuse site Answer : I / Os available on the current reuse RTUs vary . I / O requirements of the new system is the responsibility of the bidder . * * * * * * * * *Thus Addendum. MUST be returned with your Bid* * * * * * * * * ADDENDUM NO . 1 is subnutted by L . R. Brown , PE and Purchasing Data Flow Systems , Inc . Company Name Name : Thomas F . Smaidris Title : President (Typed /Printed) Authorized Signature : Date : Telephone : 321 - 259 - 5009 Fax : 321 - 259 - 4006 ATTACHMENT 1 Indian River County Department of Utilities BID FORM 00300-5 Project : REUSE DISTRIBUTION AUTOMATION Indian River County Bid No . 2411032 Bid Bid Item Estimated Unit of Unit Total Item No . Description Quantity Measure Price Price 1 Valve Operators 8 each 2 Level Indicators 6 each 3 Installation I tot 4 Programming l lot 5 Configuration , Testing & Start- Up 1 lot 6 Electrical & Controls 1 lot 7 Dismantlement & Disposal 1 lot 8 Contingency 15 % of Items I thru 7 9 Design 1 lot Subtotal 10 Mobilization 1 lot TOTAL CONSTRUCTION COST 00300-5 SECTION 01000 SUMMARY OF WORK PART 1 -- GENERAL 1 . 01 LOCATION OF WORK Work locations are shown on Dwg . S - 1 . 1 . 02 DESCRIPTION OF WORK IRCDUS proposes to add automatic valve capabilities to its reuse water distribution SCADA system . There are 8 locations with 11 existing valves which will be converted to automatic operation . The storage tank location will use existing valve & operator for Inlet and Outlet . Nine ( 9) valve actuators will be replaced and five ( 5 ) level elements will be replaced . Existing totalizing flow meters ( 9 ) will be reused and connected to the new SCADA system . Existing Storage Tank valve operators and flow meters will be connected to the Reuse distribution automation SCADA system . The proposal will include the replacement of ( 9 ) 120V valve actuators and ( 5 ) pond level devices and all necessary electrical work , terminations , and the addition of RTU ' s/PLC and associated interfaces and all NEMA 4X housing panels and antennas as required . Useable existing equipment will be utilized as much as possible , and the existing valve operators which are to be removed will be retained by the Owner. The contract also requires the addition of a HMI control screen at the Central WWTF located at 3550 491h St . Vero Beach , FL and a monitoring screen located at the Operation Center located at 4350 41s' St . , Vero Beach , FL The system will include all material , labor, field work , design , equipment selection , programming and screen configurations and testing to deliver a complete operable system . Provide ( 1 ) day of training (4 hours each ) to operating and maintenance personnel on system operation and field installation ( s ) and maintenance of equipment and instruments . The design and construction of the automation system described above shall accomplish the " Sequence of Operation " shown below . REUSE CONTROL SEQUENCE OF OPERATION Control of the reuse system will be thru radio device interface controlling automatic valves . Control will be from the Central WWTF Plant and monitoring at the Operation Center' s existing control panel and also through the County ' s fiber network . Operation will be controlled by one of three logic operations . 01000 Summary Of Work Reuse distribution 01000 - 1 ( 1 ) Set point control of flow thru On -Off valves . Set flow allotment for users utilizing existing flow meters and automatic shut- off . Excess supply flow will be sent to the storage tank thru an automatic valve and totalizing flow meter based on pumping rates from the west and Central Plants . The Bent Pine Rib control valve will only be operable in the manual mode and will show an alarm when in the open position . ( 2 ) Manual flow control . All automatic valves can be opened - closed and modulated by the operator . The storage tank pump discharge pressure set- point can be controlled through an interface with the pump PLC system controller . ( 3 ) Level Control ' . New level control on user ponds will shut off feed valve on a high level set point . Excess flow will be sent to the storage tank . Existing demand locations with auto valves , totalizing flow meters , RTU ' s and level indicators : 1 . Redstick Golf Course ' 2 . Sandridge DunesGolf Course 3 . Sandridge Lakes Golf Course 4 . Hawks Nest golf course 5 . Grand Harbor 6 . Johns Island West Golf Course 7 . Bent Pine RIB 8 . Reuse Storage Tank Inlet & Outlet3 The system design should incorporate the ability to expand to 20 system users . The control panel will show a schematic with valve positions ( open -close , % open ) , pond levels , pond feed rate with totalizer (gpm /d ) , tank level , tank feed rate with totalizer ( gpm /d ) , tank pump rate with totalizer ( gpm /d ) , tank pump pressure ( psig ) , tank high level alarm ( s ) , tank pump failure alarm , tank pressure alarm , tank general alarm , RIB alarm , West WWTF reuse pump rate with totalizer ( gpm /d ) , Central WWTF reuse pump rate with totalizer ( gpm /d ) . All valves will show an alarm if the control position is not met . Historical logs will be maintained for tank feed rate with totalizer , tank pump pressure , pump discharge quantity with totalizer , tank level , user pond feed rates with totalizer and all system alarms . Log should be stored for 12 months . The storage tank will be controlled by the local PLC ( by others ) . Remote control of the pump discharge pressure will be incorporated to allow local and remote set point changes . Pump rotation , VFD and level controls will all be accomplished by the local PLC . The local PLC level control ( s ) will override any remote tank feed valve command position selected by the reuse distribution system operator . Other monitoring inputs as specified above will be obtained from the local pump control PLC . Note : 1 Level elements are located in pond pump house wet wells . Red Stick has no level control . 2 Hawks Nest requires operators to be installed on ( 2 ) remote valves with 4 ' valve extensions along with the pond feed valve operator and also the connection of a disconnected remote magnetic flow meter . Additionally , the adjacent telemetry antenna has been inoperable to transmit data due to location . 01000 Summary Of Work Reuse distribution 01000 - 2 3 Valve operators are existing and are to be reused . PART 2 -- PRODUCTS Electric Actuators : EIM Controlinc Series 2000 with M2CP Controlinc 320B with AO adder. Level Element : Global Water WL400 water level sensor PART 3 -- EXECUTION Design and build . PART 4 -- EXISTING VALVES Grand Harbor — 10 " Butterfly Mfg . unknown Hawks Nest — 8 " Butterfly Mfg . unknown Hawks Nest — 12 " Dezurik Plug Hawks Nest — 16 " Dezurik Plug Sandridge Lakes — 8 " Butterfly Mfg . unknown Sandridge Dunes — 8 " butterfly Mfg . unknown Redstick — 8 " Dezurik Plug Johns Island west — 8 " Dezurik plug Bent Pine RIB — 12 " Mueller Butterfly * * END OF SECTION 01000 Summary Of Work Reuse distribution 01000 - 3 SECTION 01200 PROJECT MEETINGS PART 1 — GENERAL 1 . 01 REQUIREMENTS INCLUDED A . The Contractor shall cooperate and coordinate with the Resident Project Representative to schedule and administer pre-construction meeting, periodic progress meetings and specially called meetings throughout progress of the work . 1 . Prepare agenda for meetings . 2 . Make physical arrangements for meetings . 3 . Preside at meetings . 4 . Record the minutes ; include significant proceedings and decisions . 5 . Reproduce and distribute copies of minutes within 15 working days after each meeting. a. To participants in the meeting. b . To Owner, Engineer, and other parties affected by decisions made at the meeting . B . Representatives of Contractors , Owner, Subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents . C . Attend meetings to ascertain that work is expedited consistent with Contract Documents and construction schedules . 1 . 02 RELATED REQUIREMENTS A . instructions to Bidders are included in Division 0 . B . Construction Schedules are included in Section 01311 . C . Contract Closeout is included in Section 01700 . 1 . 03 PRE-CONSTRUCTION MEETING A . Schedule a preconstruction meeting no later than 15 days after date of Notice to Proceed . B . Location : A central site , convenient for all parties , designated by the Owner . C . Attendance 1 . Owner' s Representative . 2 . Engineer and his/her professional consultants . 3 . Resident Project Representative . 4 . Contractor' s Superintendent. 5 . Major Subcontractors . 6 . Major suppliers . 01200 - 1 7 . Utilities 8 . Others as appropriate . D . Suggested Agenda I . Distribution and discussion of: a. List of major Subcontractors and suppliers . b . Projected Construction Schedules . 2 . Critical work sequencing. 3 . Major equipment deliveries and priorities . 4 . Project Coordination . a. Designation of responsible personnel . b . Contractor, Owner, Engineer, and Resident Project Representative responsibilities . 5 . Procedures and processing of: a . Field decisions . b . Proposal requests . C . Submittals . d . Change Orders . e . Applications for Payment . 6 . Adequacy of distribution of Contract Documents . 7 . Procedures for maintaining Record Documents . 8 . Use of premises : a . Office , work and storage areas . b . Owner' s requirements . 9 . Construction facilities , controls and construction aids . 10 . Temporary utilities . Il . Housekeeping procedures . 1 . 04 PROGRESS MEETINGS A . Schedule regular periodic meetings . The progress meetings will be held every 30 days with the first meeting 30 days after the pre-construction meeting or 30 days after the date of Notice to Proceed . B . Hold called meetings as required by progress of the work . C . Location of the meetings : Project field office of Contractor or Resident Project Representative . D . Attendance 1 . Contractor 2 . Owner ' s representatives 3 . Engineer and his/her professional consultants as needed . 4 . Subcontractors as appropriate to the agenda. 5 . Suppliers as appropriate to the agenda. 6 . Others as appropriate . E . Suggested Agenda 1 . Review, approval of minutes of previous meeting . 01200-2 2 . Review of work progress since previous meeting . 3 . Field observations , problems and conflicts . 4 . Problems which impede Construction Schedule . 5 . Review of off-site fabrication , delivery schedules . 6 . Corrective measures and procedures to regain projected schedule . 7 . Revisions to Construction Schedule . 8 . Progress , schedule , during succeeding work period . 9 . Coordination of schedules . 10 . Review submittal schedules ; expedite as required . H . Maintenance of quality standards . 12 . Pending changes and substitutions . 13 . Review proposed changes for : a. Effect on Construction Schedule and on completion date . b . Effect on other contracts of the project. 14 . Other business . 15 . Construction schedule . 16 . Critical/long lead items . F . Attend progress meetings and is to study previous meeting minutes and current agenda items, in order to be prepared to discuss pertinent topics such as deliveries of materials and equipment, progress of the work, etc . PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION (NOT USED) END OF SECTION 01200 -3 SECTION 01311 CONSTRUCTION SCHEDULES PART 1 -- GENERAL 1 . 01 REQUIREMENTS INCLUDED A . Promptly after award of the Contract, Contractor shall prepare and submit to the Engineer estimated construction progress for the Work, with sub - schedules of related activities which are essential to its progress . B . Coordinate the work and scheduling with and around other contractors and individual trades performing work on the Project . C . Submit revised progress schedules with each application for payment . D . Progress Schedule shall become part of Contract Documents after approval by Engineer . 1 . 02 RELATED REQUIREMENTS A . In other parts of the Contract Documents : 1 , General Conditions : a . Articles 2 and 6 — Schedules, Reports , and Records b . Sections 6 . 1 and 6 . 2 — Supervision by Contractor C . Article 15 — Supervision of Work, Termination , and Delay B . Specified in other sections : 1 . Section 01000 : Summary of Work 2 . Section 01200 : Preconstruction Conference 3 , 1 . 03 FORM OF SCHEDULES A . Prepare schedules in the form of a horizontal bar chart as follows : 1 . Provide separate horizontal bar for each trade or operation 2 . Horizontal time scale : Identify the first work day of each week . 3 . Scale and spacing : To allow space for notations and future revisions . 4 . Minimum sheet size : 11 " x 17 " 01311 - 1 B . Format of listings : The chronological order of the start of each item of work . C . Identification of listings : By major specification section numbers . 1 . 04 CONTENT OF SCHEDULES A . Construction Progress Schedule shall : 1 . Show the complete sequence of construction by activity . 2 . Show the dates for the beginning and completion of each major element of construction ; specifically list : a . Subcontractor work b . Utility construction C . Restoration 3 . Show projected percentage of completion for each item , as of the first day of each month . 1 . 05 PROGRESS REVISIONS A . Indicate progress of each activity to date of submission B . Show changes occurring since previous submission of Schedule : 1 . Major changes in scope . 2 . Activities modified since previous submission . 3 . Revised projections of progress and completion . 4 . Other identifiable changes . C . Provide a narrative report as needed to define : 1 . Problem areas, anticipated delays , and the impact on the schedule . 2 . Corrective action recommended , and its effect . 3 . The effect of changes on schedules of other prime contractors . 1 . 06 SUBMISSIONS A . Submit initial schedules within ten ( 10 ) days after award of Contract; Engineer will review schedules for information only . B . Submit revised progress schedules with each application for payment . C . Submit the number of opaque reproductions which the Contractor requires, plus two ( 2 ) additional copies; one for Owner and one for Engineer . 01311 - 2 1 . 06 DISTRIBUTION A . Distribute copies of approved schedules to : 1 . Job site file 2 . Subcontractors 3 . Other concerned parties B . Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedule . PART 2 -- PRODUCTS Not Applicable PART 3 -- EXECUTION Not Applicable * * END OF SECTION * * 01311 - 3 SECTION 01340 SUBMITTALS PART 1 - GENERAL 1 . 01 DESCRIPTION OF REQUIREMENTS A . This Section specifies the general methods and requirements of submissions applicable to Shop Drawings , Product Data, Samples , Construction Photographs , and Construction or Submittal Schedules . Additional general submission requirements are contained in Article 6 . 17 of the General Conditions . Detailed submittal requirements are specified in the technical Sections . B . All submittals shall be clearly identified by reference to Section Number, Paragraph , Drawing Number or Detail as applicable . Submittals shall be clear and legible and of sufficient size for presentation of data . C . The Contractor is to maintain an accurate updated submittal log and will bring this log to each scheduled progress meeting with the Owner ' s representatives . This log should include the following items : 1 . Submittal - Description and File number assigned . 2 . Date to Engineer . 3 . Date returned to Contractor from Engineer. 4 . Status of submittal (REVIEWED , NO COMMENTS ; REVIEWED COMMENTS AS NOTED ; REJECTED , REVISE AND RESUBMIT ; or NOT REVIEWED) . 5 . Date of resubmittal and return (as applicable) . 6 . Date material released for fabrication . 7 . Projected date of fabrication . 8 . Projected date of delivery to site . 9 . Status of O&M submittal . 1 . 02 SHOP DRAWINGS , PRODUCT DATA , SAMPLES A . Shop Drawings I . Shop drawings as specified in individual Sections include , custom - prepared data such as fabrication and erection/ installation (working) drawings , scheduled information , setting diagrams , actual shop work manufacturing instructions, custom templates , special wiring diagrams , coordination drawings , individual system or equipment inspection and test reports including performance curves and certifications , as applicable to the work . 2 . All shop drawings submitted by subcontractors shall be sent directly to the Contractor for checking . The Contractor shall be responsible for their submission at the proper time so as to prevent delays in delivery of materials . 3 . Check all subcontractors ' shop drawings regarding measurements , size of members , materials and details to make sure that they conform to the intent of the Drawings and related Sections . Return shop drawings found to be inaccurate or otherwise in error to the subcontractors for correction before submission thereof. 01340- 1 4 . All details on shop drawings shall show clearly the relation of the various parts to the main members and lines of the structure and where correct fabrication of the work depends upon field measurements , such measurements shall be made and noted on the drawings before being submitted . 5 . Submittals for equipment specified under Divisions 1 1 shall include a listing of all installations where identical or similar equipment has been installed and been in operation for a period of at least one year. B . Product Data 1 . Product data as specified in individual Sections include, standard prepared data for manufactured products (someti ►nes referred to as catalog data) , such as the manufacturer' s product specification and installation instructions , availability of colors and patterns , manufacturer' s printed statements of compliances and applicability, roughing- in diagrams and templates, catalog cuts , product photographs , standard wiring diagrams, printed performance curves and operational-range diagrams , production or quality control inspection and test reports and certifications , mill reports , product operating and maintenance instructions and recommended spare- parts listing and printed product warranties , as applicable to the work . C . Samples 1 . Samples specified in individual Sections include , physical examples of the work such as sections of manufactured or fabricated work, small cuts or containers of materials , complete units of repetitively- used products , color/texture/pattern swatches and range sets , specimens for coordination of visual effect, graphic symbols and units of work to be used by the Engineer or Owner for independent inspection and testing, as applicable to the work. 2 . The Contractor shall prepare a transmittal letter in triplicate for each shipment of samples . Contractor shall enclose a copy of this letter with the shipment and send a copy of this letter to the Engineer . Approval of a sample shall be only for the characteristics or use named in such approval and shall not be construed to change or modify any Contract Requirements . 1 . 03 CONTRACTOR' S RESPONSIBILITIES A . Review shop drawings , product data and samples , including those by subcontractors , prior to submission to determine and verify the following : 1 . Field measurements 2 . Field construction criteria 3 . Catalog numbers and similar data 4 . Conformance with related Sections B . Each shop drawing, sample and product data submitted by the Contractor shall have affixed to it the following Certification Statement including the Contractor's Company name and signed by the Contractor : " Certification Statement: by this submittal , I hereby represent that I have determined and verified all field measurements , field construction criteria, materials, dimensions , catalog numbers and similar data and 1 have checked and coordinated each item with other applicable approved shop drawings and all Contract requirements . " Shop drawings and product data sheets 11 - inch by 17 - inch and smaller shall be bound together in an orderly fashion and bear the above Certification Statement 01340 -2 on the cover sheet . The cover sheet shall fully describe the packaged data and include a listing of all items within the package . Provide to the Resident Project Representative a copy of each transmittal sheet for shop drawings , product data and samples at the time of submittal to the Engineer . C . The Contractor shall utilize the following Shop Drawing numbering system : 1 . The Submittal Log Number shall reference the Specification Section Number . 2 . The numbering system shall be specification section number followed by a " I " for original submittal , " I A " for first resubmittal and so forth , (for example : 15050 - 1 , 15050 - 1A , 15050 - 113 . 60 ) D . Notify the Engineer in writing, at the time of submittal , of any deviations in the submittals from the requirements of the Contract Documents . E . The review and approval of shop drawings , samples or product data by the Engineer shall not relieve the Contractor from the responsibility for the fulfillment of the terms of the Contract. All risks of error and omission are assumed by the Contractor and the Engineer will have no responsibility therefor. F . No portion of the work requiring a shop drawing, sample, or product data shall be started nor shall any materials be fabricated or installed prior to the approval or qualified approval of such item . Fabrication performed , materials purchased or on -site construction accomplished which does not conform to approved shop drawings and data shall be at the Contractor' s risk. Tile Owner will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity . G . Project work, materials , fabrication , and installation shall conform with approved shop drawings , applicable samples , and product data. 1 . 04 SUBMISSION REQUIREMENTS A . Make submittals promptly in accordance with approved schedule and in such sequence as to cause no delay in the Work or in the work of any other contractor . B . Each submittal , appropriately coded , will be returned within 30 calendar days following receipt of submittal by the Engineer . C . Number of submittals required : 1 . Shop Drawings : Submit the number of opaque reproductions which the contractor requires , plus five (5 ) copies which will be retained by the Engineer . 2 . Product Data : Submit the number of copies which the Contractor requires , plus five (5 ) copies which will be retained by the Engineer . 3 . Samples : Submit the number stated in the respective Sections . D . Submittals shall contain : 1 . The date of submission and the dates of any previous submissions . 2 . The Project title and number . 3 . Contractor identification . 4 . The names of: a. Contractor 01340 -3 b . Supplier C . Manufacturer 5 . Identification of the product, with the section number, page and paragraph (s) . 6 . Field dimensions , clearly identified as such . 7 . Relation to adjacent or critical features of the work or materials . 8 . Applicable standards , such as ASTM or Federal Standards numbers . 9 . Identification of deviations from Contract Documents . 10 . Identification of revisions on resubmittals . 11 . A blank space suitably sized for Contractor and Engineer stamps . 12 . Contractor ' s stamp or review and approval , initialed or signed , certifying to review of initialed or signed , certifying to review of submittal , verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the work and of Contract Documents . 13 . Where calculations are required to be submitted by the Contractor, the calculations shall have been checked by a qualified individual other than the preparer. The submitted calculations shall clearly show the names of the preparer and of the checker . 1 . 05 REVIEW OF SHOP DRAWINGS , PRODUCT DATA , WORKING DRAWINGS AND SAMPLES A . The review of shop drawings , data and samples will be for general conformance with the design concept and Contract Documents . They shall not be construed : 1 . as permitting any departure from the Contract requirements ; 2 . as relieving the Contractor of responsibility for any errors, including details , dimensions , and materials ; 3 . as approving departures from details furnished by the Engineer, except as otherwise provided herein . B . The Contractor remains responsible for details and accuracy, for coordinating the work with all other associated work and trades , for selecting fabrication processes , for techniques of assembly, and for performing work in a safe manner . C . If the shop drawings , data or samples as submitted describe variations and show a departure from the Contract requirements which Engineer finds to be in the interest of the Owner and to be so minor as not to involve a change in Contract Price or Contract Time, the Engineer may return the reviewed drawings without noting an exception . D . When reviewed by the Engineer each of the Shop Drawings will be identified as having received such review being so stamped and dated . Shop Drawings stamped "REVIEWED, COMMENTS AS NOTED" OR "REJECTED, REVISE AND RESUBMIT" and with required corrections shown will be returned to the Contractor for correction and resubmittal . E . Resubmittals will be handled in the same manner as first submittals . On resubmittals the Contractor shall identify all revisions made to the submittals , either in writing on the letter of transmittal or on the shop drawings by use of revision triangles or other similar methods . The resubmittal shall clearly respond to each comment made by the Engineer on the previous submission . Additionally, the Contractor shall direct specific attention to any 01340-4 revisions made other than the corrections requested by the Engineer on previous submissions . F . Partial submittals may not be reviewed . The Engineer will be the only judge as to the completeness of a submittal . Submittals not complete will be returned to the Contractor and will be considered " Not Approved " until resubmitted . The Engineer may at his option provide a list or mark the submittal directing the Contractor to the areas that are incomplete . G . Repetitive Review 1 . Shop Drawings and other submittals will be reviewed no more than twice at the Owner ' s expense . All subsequent reviews will be performed at times convenient to the Engineer and at the Contractor ' s expense based on the Engineer ' s then prevailing rates . The Contractor shall reimburse the Owner for all such fees invoiced to the Owner by the Engineer. Submittals are required until approved , 2 . Any need for more than one resubmission , or any other delay in obtaining Engineer ' s review of submittal will not entitle Contractor to extension of the contract time . H . If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents , the Contractor shall give written notice thereof to the Engineer at least 7 working days prior to release for manufacture . I . When the shop drawings have been completed to the satisfaction of the Engineer, the Contractor shall carry out the construction in accordance therewith and shall make no further changes therein except upon written instructions from the Engineer . 1 . 06 DISTRIBUTION A . Distribute reproductions of approved shop drawings and copies of approved product data and samples , where required , to the job site file and elsewhere as directed by the Engineer . Number of copies shall be as directed by the Engineer but shall not exceed six . 1 . 07 GENERAL PROCEDURES FOR SUBMITTALS A . Coordination of Submittal Times : Prepare and transmit each submittal sufficiently in advance of performing the related work or other applicable activities , or within the time specified in the individual work of other related Sections, so that the installation will not be delayed by processing times including disapproval and resubmittal ( if required ), coordination with other submittals, testing, purchasing, fabrication , delivery and similar sequenced activities . No extension of time will be authorized because of the Contractor' s failure to transmit submittals sufficiently in advance of the Work . All submittals are to be sent to L . R . Brown , PE , Indian River County for approval . END OF SECTION 01340 - 5 SECTION 01370 SCHEDULE OF VALUES PART l — GENERAL 1 . 01 REQUIREMENTS INCLUDED A . Submit a Schedule of Values allocated to the various portions of the work, within twenty- one (21 ) days after the effective date of the Agreement . B . Upon request of the Owner or Engineer, support the values with data which will substantiate their correctness . C . The accepted Schedule of Values shall be used only as the basis for the Contractor' s Applications for Payment. 1 . 02 RELATED REQUIREMENTS A . Standard General Conditions of the Construction Contract B . Application for Payment is included in Section 01052 . 1 . 03 FORM AND CONTENT OF SCHEDULE OF VALUES A . Type schedule on an 8 '/z- inch by 1 I - inch or 81/2- inch by 14 - inch white paper furnished by the Owner ; Contractor' s standard forms and automated printout will be considered for approval by the Engineer upon Contractor' s request. Identify schedule with : 1 . Title of Project and location . 2 . Engineer and Project number . 3 . Name and Address of Contractor . 4 . Contract designation . 5 . Date of submission . B . Schedule shall list the installed value of the component parts of the work in sufficient detail to serve as a basis for computing values for progress payments during construction . C . Identify each line item with the number and title of the respective Section . D . For each major line item list sub-values of major products or operations under the item . E . For the various portions of the work : 1 . Each item shall include a directly proportional amount of the Contractor' s overhead and profit . 2 . For items on which progress payments will be requested for stored materials , break down the value into : a. The cost of the materials , delivered and unloaded , with taxes paid . Paid invoices are required for materials upon request by the Engineer . b . The total installed value . 01370 - 1 F . The sum of all values listed in the schedule shall equal the total Contract Sum . 1 . 04 SUB - SCHEDULE OF UNIT MATERIAL VALUES A . Submit a sub-schedule of unit costs and quantities for : 1 . Products on which progress payments will be requested for stored products . B . The form of submittal shall parallel that of the Schedule of Values , with each item identified the same as the line item in the Schedule of Values . C . The unit quantity for bulk materials shall include an allowance for normal waste . D . The unit values for the materials shall be broken down into : 1 . Cost of the material , delivered and unloaded at the site , with taxes paid . 2 . Copies of invoices for component material shall be included with the payment request in which the material first appears . 3 . Paid invoices shall be provided with the second payment request in which the material appears or no payment shall be allowed and/or may be deleted from the request . E . The installed unit value multiplied by the quantity listed shall equal the cost of that item in the Schedule of Values . PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION (NOT USED) END OF SECTION 01370 -2 SECTION 01600 MATERIAL AND EQUIPMENT PART 1 -- GENERAL 1 . 01 REQUIREMENTS INCLUDED A . Products B . Workmanship C . Manufacturer' s Instructions D . Transportation and Handling E . Storage and Protection F . Substitutions and Product Options 1 . 02 RELATED REQUIREMENTS A . Section 01000 : Summary of Work — Provisions and performance of work under the Contract . B . Section 01090 : Reference Standards — Provision and identification of publication sources for referenced standards . C . Section 01340 : Shop Drawings, Product Data and Samples — Submittal of manufacturer' s drawings, descriptive literature , samples and certificates . D . Section 01740 : Warranties and Bonds — Form and time of submission . 1 . 03 PRODUCTS A . Products include material , equipment and systems . B . Comply with specifications and referenced standards as minimum . C . Manufactured and fabricated components required to be supplied in quantity with a Specification section shall be the same , and shall be interchangeable . 01600 Material and Equipment Reuse Automation 01600 - 1 D . When project is alteration and additional work, DO NOT use materials and equipment removed from existing structure , except as specifically allowed by notation or indication by Contract Documents . 1 . 04 WORKMANSHIP A . Comply with industry standards except when more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship . B . Perform work by persons qualified to produce workmanship of specified quality . C . Secure products in place with positive anchorage devises designed and sized to withstand stresses , vibration , and rocking . 1 . 05 MANUFACTURER ' S INSTRUCTIONS A . When work is specified to comply with manufacturer' s printed instructions , obtain and distribute copies to persons involved , and maintain one set at job site in field office . B . Perform work in accordance with manufacturer' s instructions and specified requirements . C . Should a conflict exist between Specifications and manufacturer' s instructions, consult with Engineer . 1 . 06 TRANSPORTATION AND HANDLING A . Arrange deliveries of products in accordance with construction schedules; coordinate to avoid delay of progress, conflict with work and with conditions at the site . B . Transport products by methods to avoid product damage ; deliver in undamaged condition in manufacturer' s unopened containers or packaging, dry . C . Provide equipment and personnel to handle product by methods to prevent soiling or damage . D . Promptly inspect shipments to assure that products comply with requirements, quantities are correct and products are undamaged . 01600 Material and Equipment Reuse Automation 01600 - 2 1 . 07 STORAGE AND PROTECTION A . Store products in accordance with manufacturer' s instructions, with seals and labels intact and legible . B . Store sensitive products in weather-tight enclosures ; maintain within temperatures and humidity ranges recommended / required by manufacturer' s instructions . C . For exterior storage of fabricated products, place on sloped supports above ground . Cover products subject to deterioration with impervious sheet covering ; provide ventilation to avoid condensation . D . Store loose granular materials on solid surfaces in a well - drained area ; prevent mixing with foreign matter . E . Arrange storage to provide access for inspection . Periodically inspect to assure products are undamaged , and are maintained under required conditions . F . After installation , provide coverings to protect products from damage from traffic and construction operations, remove when no longer needed . 1 . 08 PRODUCT OPTIONS A . Within 30 days after date of Contract, submit complete list of major products proposed , with name of manufacturer, trade name and model . B . Options : 1 . Products specified only be reference standard : Any product meeting that standard . 2 . Product specified by naming several manufacturers : Product of any named manufacturer meeting specifications . 3 . Products specified by naming one or more manufacturers and " or equal " : Submit a request for substitution for any manufacturer not specifically named . 1 . 09 SUBSTITUTIONS A . Only within 30 days after date of Contract will Engineer consider requests from Contractor for substitutions . Subsequently, substitutions will be considered only when a product becomes unavailable due to no fault of the Contractor . 01600 Material and Equipment Reuse Automation 01600 - 3 B . Document each request with complete data , drawings and samples as appropriate , substantiating compliance of proposed substitution with Contract Documents including : 1 . Comparison of the qualities of the proposed substitution with the specified . 2 . Changes required in other elements of the work because of the substitution . 3 . Effect on the construction schedule . 4 . Cost data comparing the proposed substitution with the product specified . 5 . Any required license fees or royalties 6 . Availability of maintenance service , and the source replacement materials . C . Request constitutes a representation that Contractor : 1 . Has investigated proposed product and determined that it meets or exceeds, in all respects, specified product . 2 . Will provide the same warranty for substitution as for specified product . 3 . Will coordinate installation and make other changes which may be required for work to be complete in all respects . 4 . Waives claims for additional costs which may subsequently become apparent . D . Substitutions will not be considered when they are indicated or implied on Shop Drawing or Product Data submittals without separate written request, or when acceptance will require substantial revision of Contract Documents , E . Engineer will review to determine acceptability of proposed substitution , and will notify Contractor of acceptance or rejection in writing within a reasonable time . PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTION Not applicable * * END OF SECTION * * 01600 Material and Equipment Reuse Automation 01600 - 4 SECTION 01700 CONTRACT CLOSEOUT PART 1 -- GENERAL 1201 REQUIREMENTS INCLUDED A . Comply with requirements stated in General and Special Conditions of the Contract and in Specifications for administrative procedures in closing out the work . B . Related requirements in other parts of the Contract Documents : 1 . Fiscal provisions, legal submittals, and additional administrative requirements ; General Conditions of the Documents : a . Paragraph 6 . 19 — Record Documents b . Paragraph 14 . 11 — Final Inspection C . Paragraph 14 . 8 — Substantial Completion d . Paragraph 14 . 12 — Application for Final Payment e . Paragraph 14 . 13 — Final Payment and Acceptance f . Paragraph 13 . 1 — Guarantee of Work C . Related requirements specified in other sections : 1 Section 01720 : Project Record Documents 2 . Section 01740 : Warranties and Bonds 1 . 02 SUBSTANTIAL COMPLETION A . When Contractor considers his work is substantially complete , he shall submit to Engineer : 1 . A written notice that the work or designated portion thereof, is substantially complete . 2 . A list of items to be completed or corrected . B . Within a reasonable time after receipt of such notice , Engineer will make an inspection to determine the status of completion . C . Should Engineer determine that the work is not substantially complete : 1 . Engineer will promptly notify the Contractor, in writing , giving the reasons . 2 . Contractor shall remedy the deficiencies in the work, and shall send a second written notice of substantial completion to Engineer 01700 Contract Close-out Reuse Automation 01700 - 1 3 . Engineer will re - inspect the work D . When Engineer concurs that the work is substantially complete , he will : 1 . Prepare a Certificate of Substantial Completion , accompanied by a list of items to be completed or corrected 2 . Submit the Certificate to Owner and Contractor for their written acceptance of the responsibilities assigned to them in the certificate . 1 . 03 FINAL INSPECTION A . When Contractor considers the work is complete , he shall submit written certification that : 1 . Contract Documents have been reviewed 2 . Work has been inspected for compliance with Contract Documents 3 . Work has been completed in accordance with Contract Documents 4 . Equipment and systems have been tested in the presence of the Owner' s representative and are operational 5 . Work is completed and ready for final inspection B . Engineer will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification . C . Should Engineer consider that the work is incomplete or defective : 1 . Engineer will promptly notify the Contractor, in writing, listing the incomplete or defective work . 2 . Contractor shall take immediate steps to remedy the stated deficiencies , and send a second written certification to Engineer that the work is complete . 3 . Engineer will re - inspect the work D . When Engineer finds that the work is acceptable under the Contract Documents, he shall request the Contractor to make closeout submittals . 1 . 04 RE - INSPECTION FEES Should the Engineer perform re - inspection due to failure of the work to comply with the claims of status of completion made by the Contractor, Contractor will compensate Engineer/Owner for such additional services . 01700 Contract Close-out Reuse Automation 01700 - 2 1 . 0S ADDITIONAL SERVICES Should Engineer be required to provide representation at the site for the administration of the Contract for Construction , more than thirty days after the specified Date of Substantial Completion of the work, Contractor will compensate Engineer for such additional services . 1 . 06 CONTRACTOR' S CLOSEOUT SUBMITTALS TO ENGINEER A . Evidence of compliance with requirements of governing authorities : Certificate of Occupancy B . Project Record Documents : To requirements of Section 01720 C . Warranties and Bonds : To requirements of Section 01740; also , see Item H below D . Evidence of Payment and Release of Liens : To requirements of General and Supplementary Conditions E . Certificate of Insurance for Products and Completed Operations F . One ( 1 ) Year Maintenance Bond G . Certificate of Operation from equipment manufacturers 1 . 07 FINAL ADJUSTMENT OF ACCOUNTS A . Submit a final statement of accounting to Engineer B . Statement shall reflect all adjustments to the Contract Sum : 1 . The original Contract Sum 2 . Additions and deductions resulting from : a . Previous change orders b . Allowances C . Unit prices d . Deductions for uncorrected work e . Deductions for liquidated damages f. Deductions for re - inspection payments g . Other adjustments 01700 Contract Close-out Reuse Automation 01700 - 3 3 . Total Contract sum , as adjusted 4 . Previous payments 5 . Sum remaining due C . Engineer will prepare a final change order, reflecting approved adjustments to the Contract sum which were not previously made by change order . 1 . 08 FINAL APPLICATION FOR PAYMENT A . Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract . PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTION Not applicable * * END OF SECTION * * 01700 Contract Close-out Reuse Automation 01700 - 4 SECTION 01740 WARRANTIES AND BONDS PART 1 -- GENERAL 1 . 01 REQUIREMENTS INCLUDED A . Compile specified warranties and bonds . B . Compile specified service and maintenance contracts . C . Co - execute submittal when so specified . D . Review submittals to verify compliance with Contract Documents E . Submit to Engineer for review and transmittal to Owner 1 . 02 RELATED REQUIREMENTS A . In other parts of the Contract Documents : 1 . Instructional to Bidders : Bid or Proposal Bonds 2 . General Conditions of Contract : a . Public Construction Bond b . General Warranty of Construction . B . Specified in other sections : 1 . Section 01700 : Contract Closeout 2 . Each respective section of Specifications shall have Warranties and Bonds required for specific products . 3 . Provisions of Warranties and Bonds, Duration : The respective section of specification which specifies the product . 1 . 03 SUBMITTAL REQUIREMENTS A . Assemble warranties , bonds and service and maintenance contracts, executed by each of the respective manufacturers , suppliers and subcontractors . B . Number of original signed copies requires : Two each . C . Table of Contents : Neatly typed , in orderly sequence . Provide complete information for each item . 1 . Product or work item 2 . Firm , with name of principal , address, and telephone number . 3 . Scope . 01740 Warranties and Bonds Reuse automation 01740 - 1 4 . Date of beginning of warranty, bond or service and maintenance contract . 5 . Duration of warranty, bond or service maintenance contract . 6 . Provide information for Owner' s personnel : a . Proper procedure in case of failure b . Instances which might affect the validity of warranty bonds . 7 . Contractor, name of responsible principal , address and telephone number . 1 . 04 FORM OF SUBMITTALS A . Prepare in duplicate packets . B . Format : 1 , Size 8 - 1/ 2" X 11" punched sheets for 3 - ring binder a . Fold larger sheets to fit into binders 2 . Cover : Identify each packet with typed or printed title "WARRANTIES AND BONDS . " List : a . Title of project b . Name of Contractor C . Binders : Commercial quality, three - ring, with durable and cleanable plastic cover . 1 . 05 TIME OF SUBMITTALS A . Make submittals within ten days after Date of Substantial Completion , prior to final request for payment . B . For items of work, where acceptance is delayed materially beyond the Date of Substantial Completion , provide updated submittal within ten days after acceptance , listing the date of acceptance as the start of the warranty period . 1 . 06 SUBMITTALS REQUIRED A . Submit warranties, bonds, and service and maintenance contracts as specified in the respective sections of Specifications, as appropriate . PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTIVE 01740 Warranties and Bonds Reuse automation 01740 - 2 Not applicable * * END OF SECTION * * 01740 Warranties and Bonds Reuse automation 01740 - 3