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2011-051
IZ . �eI - R rte. t P j y 4' a + i INDIAN RIVER COUNTY 4'1 , BOARD OF COUNTY NT COMMISSIONERS Department of Utility Services FLOATING MAT SYSTEM for the SPOONBILL MARSH WETLAND FACILITY UPC Project No . 2785 Indian Diver County Bid No : 2011029 Indian River County Department of Utility Services 1801 27th Street , Building A Vero Beach , Florida 32960 772 - 567 - 8000 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES FLOATING PLANT MATS FOR THE SPOONBILL MARSH WETLAND FACILITY INDIAN RIVER COUNTY , FLORIDA TABLE OF CONTENTS Section Description DIVISION 0 BIDDING AND CONTRACT REQUIREMENTS 00020 Advertisement for Bids 00100 Instruction to Bidders 00300 Bid Form & Trench Safety Act Compliance Statement 00410 AIA Document A310 Bid Bond 00431 Schedule of Subcontractors 00452 Disclosure of Relationships 00456 General Information Required of Bidders 00530 EJCDC - Agreement Between Owner and Contractor 00610 Public Construction Bond 00700 Standard General Conditions of Construction Contract 00800 Supplementary Conditions 00900 Addenda 00901 Approved Permits DIVISION 1 GENERAL 01010 Summary of Work 01025 Measurement and Payment 01035 Change Order Procedures 01052 Applications for Payment 01060 Regulatory Requirements and Notification 01090 Reference Standards 01170 Special Provisions 01200 Project Meetings 01311 Construction Schedules 01340 Submittals 01370 Schedule of Values 01600 Delivery, Storage and Handling 01610 Material and Equipment 01630 Substitutions and Product Options 01650 Startup and Demonstration 01700 Contract Closeout 01710 Cleaning DIVISION 1 GENERAL ( CONT . TOC - 1 01710 Cleaning DIVISION 1 GENERAL (CONT . 01720 Project Record Documents 01740 Warranties and Bonds 10100 Floating Plant Mat Establishment and Sustainability 10200 Plans and Details TOC - 2 DIVISION 0 BIDDING AND CONSTRUCTION REQUIREMENTS SECTION 00020 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY The Indian River County ( IRC ) Board of County Commissioners is accepting sealed bids for the construction of the Floating Mat System for the Spoonbill Marsh Wetland Facility . Bids will be received by Indian River County marked " BID ENCLOSED " until 2 : 00 P . M on Thursday , February 10 , 2011 . Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words " Floating Mat System for the Spoonbill Marsh Wetland Facility ; Bid No . 2011029 ; and UCP # 2785 . " Only bids received on or before the time and date listed will be considered . Bids should be addressed to Purchasing Division , 1800 27th Street , Vero Beach , Florida 32960 . All bids will be opened publicly and read aloud at 2 : 00 PM . Deadline for receipt of bids has been set for 2 : 00 p . m . Thursday , February 10 , 2011 . All bids received after 2 : 00 P . M . will be returned unopened . All material and equipment furnished and all work performed shall be in strict accordance with the plans , specifications , and contract documents pertaining thereto , which may be obtained from The Indian River County Department of Utility Services , 1801 27th Street, Building A , Vero Beach , FL 32960 . Copies of the plans and the specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Department of Utility Services in the amount of Fifty Dollars ( $ 50 . 00 ) for each set , which represents cost of printing , handling and is non refundable . Communications concerning this bid shall be directed to IRC Purchasing Department at 772 -226 - 1416 . The original bid and one copy shall be submitted on the Bid Forms provided within the Bidding Documents . BID SECURITY must accompany each Bid , and must be in the form of an AIA Document A310 Bid Bond , properly executed by the Bidder and by a qualified surety , or a certified check or a cashier' s check , drawn on any bank authorized to do business in the State of Florida . Bid Security must be in the sum of not less than five percent ( 5 % ) of the total amount of the bid , made payable to Indian River County Board of County Commissioners . In the event the Contract is awarded to the Bidder, Bidder will enter into a Contract. with the County and furnish the required 100 % Public Construction Bond within the timeframe set by the County . If Bidder fails to do so , the Bid Security shall be retained by the County as liquidated damages and not as a penalty . The County reserves the right : to delay awarding of the Contract for a period of sixty ( 60 ) days after the bid opening ; to waive informalities in any bid ; 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 Indian River County . A Pre - Bid Conference meeting will be held on Tuesday , January 25 , 2011 at 10 : 00 A . M . in the Indian River County Utilities Services Conference Room in Indian River County , 1801 27th Street , Vero Beach , FL 32960 . This Pre - Bid Conference meeting is NON - MANDATORY. INDIAN RIVER COUNTY PURCHASING MANAGER For Publication in the Vero Beach Press Journal ( Date ) : Friday , January 14 , 2011 Please furnish tear sheet and Affidavit of Publication to : INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Vero Beach , Florida 32960 END OF SECTION Advertisement for Bids 00020- 1 SECTION 00100 INSTRUCTIONS TO BIDDERS ( Based Upon EJCDC No . C-700 , 2002 Edition ) 1 . 01 DEFINED TERMS Terms used in these Instructions to Bidders , that are defined in the Standard General Conditions of the Construction Contract ( No . 0 - 700 , 2002 edition ) , as may be amended by the Supplementary Conditions , have the meanings assigned to them in the General Conditions . The term " Bidder" means one who submits a bid directly to Owner , as distinct from a sub - bidder , who submits a bid to a Bidder . The term " Successful Bidder" means the lowest , qualified , responsible , and responsive Bidder to whom Owner ( on the basis of Owner's evaluation as hereinafter provided ) makes an award . The term " Bidding Documents " includes the Advertisement , Instructions to Bidders , The Bid Form , Disclosure of Relationships Statement , General Information Required for Bidders , and the proposed Contract Documents ( including all Addenda issued prior to receipt of Bids ) . 1 . 02 COPIES OF BIDDING DOCUMENTS A . Complete sets of the Bidding Documents in the number and for the deposit sum , if any , stated in the Advertisement or Invitation to Bid may be obtained from The Indian River County Department of Utility Services , 1801 27th Street, Vero Beach , Florida 32960 ( 772 -567 - 8000 ) . B . Complete sets of Bidding Documents must be used in preparing Bids ; Owner assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents . C . Owner, in making copies of Bidding Documents available on the above terms , do so only for the purpose of obtaining Bids on the work and do not confer a license or grant for any other use of the Bidding Documents . 1 . 03 QUALIFICATIONS OF BIDDERS The contract will be awarded only to a responsible CONTRACTOR qualified by experience to do the Work specified . The bidder shall submit satisfactory evidence of his experience in like Work and be fully prepared with the necessary organization , capital , equipment and machinery to complete the Work to the satisfaction of the OWNER within the time limit stated . In addition to the above , the CONTRACTOR shall satisfy the following criteria : A . Bidder must demonstrate a thorough understanding of the project , and demonstrate experience and success in the deployment of floating mats on projects similar to the Spoonbill Marsh including the use of halophyte Species . B . Bidder must demonstrate a thorough understanding of the environmental conditions existing on the project site . It is the Bidder' s responsibility to provide the County with a description of any deficiencies with the design or the implementation of the planting plan that they believe would negatively impact the successful establishment of the plant material at the time the bid is submitted to the County . C . Bidder must provide the County with a copy of all licenses necessary to grow , field collect , possess , transport , sell , and install the plant species listed in Plans and Details - 10200 at 00100 - 1 the time the bid is submitted to the County . D . Bidder must provide the plant material listed in Plans and Details - 10200 . If the Bidder proposes any deviations from the plant material listed in Plans and Details - 10200 , then the Bidder must provide the County with a detailed explanation of why the deviations are necessary , and what plant material will be substituted or added to the plant material listed in Plans and Details - 10200 . E . Bidder must provide the County with a detailed explanation of where the Bidder will obtain the plant material listed in Plans and Details - 10200 at the time the bid is submitted to the County. This explanation must include a schedule showing when the plant material will be available for installation on the project site . F . Bidder must provide the County with sufficient information to demonstrate that the Bidder has the means to complete this work on schedule , and within the budget provided to the County by the Bidder. The names of all sub -contractors the Bidder intends to use as part of this work must be provided to the County at the time the bid is submitted to the County . G . Bidder must provide the County with proof that the Bidder has the financial ability to implement project . Bidder must provide the County with a payment schedule for the work included with this bid . H . Bidder must provide the County with evidence that Bidder has completed three similar coastal projects within the past three years . This evidence must include projects that involved floating plant mats in a marine environment . Bidder will provide the County with the project name , a brief description of the project , the project location , the cost of the work performed , and the phone number of owner of the project at the time the bid is submitted to the County . I . Bidder must provide the County with evidence that the Bidder has successfully maintained three floating plant mats in a marine environment within the past three years . Bidder will provide the County with the project name , a brief description of the project , the project location , the cost of the work performed , and the phone number of owner of the project at the time the bid is submitted to the County . 1 . 04 EXAMINATION OF CONTRACT DOCUMENTS AND SITE A . It is the responsibility of each Bidder , before submitting a bid , to ( a ) examine the Contract Documents thoroughly , ( b ) visit the site to become familiar with local conditions that may affect cost , progress , performance , or furnishing of the work , ( c ) consider federal , state , and local laws and regulations that may affect costs , progress , performance , or furnishing of the work , ( d ) study and carefully correlate Bidder' s observations with the Contract Documents , and ( e ) notify Engineer of all conflicts , errors , or discrepancies in the Contract Documents . To obtain access to the site , the following shall be contacted : Art Pfeffer, Project Specialist, Indian River County Department of Utility Services . Phone 772 - 226 - 1826 or 772 -571 -7511 . The site is located at 57th Street, east of U . S . Highway - 1 , Vero Beach , Florida . B . Reference is made to the Supplementary Conditions for identification of: 1 . Those reports of explorations and tests of subsurface conditions at the site that have been utilized by Engineer in preparation of the Contract Documents . Bidder may rely upon the 00100 - 2 interpretations , or opinions contained therein , or the completeness thereof, for the purposes of bidding or construction . 2 . Those drawings of physical conditions in relation to existing surface and subsurface conditions ( except underground facilities ) which are at or contiguous to the site have been utilized by Owner in preparation of the Contract Documents . Bidder may rely upon the accuracy of the technical data contained in such drawings , but not upon the completeness thereof for the purposes of bidding or construction . Copies of such reports and drawings will be made available by Owner to any Bidder on request . Those reports and drawings are not part of the Contract Documents , but the technical data contained therein upon which Bidder is entitled to rely as provided in Paragraphs 1 . 04 . 131 and 1 . 04 . 132 are incorporated therein by reference . Such technical data has been identified and established in the Supplementary Conditions . D . Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others , and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions . E . Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions , underground facilities and other physical conditions , and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4 . 02 , 4 . 03 , and 4 . 04 of the General Conditions . F . Before submitting a Bid , each Bidder will , at Bidder' s own expense , make or obtain any additional examinations , investigations , explorations , tests , and studies , and obtain any additional information and data which pertain to the physical conditions ( surface or subsurface ) at or contiguous to the site or otherwise which may affect cost , progress , performance , or furnishing of the work and which Bidder deems necessary to determine its Bid for performing and furnishing the work in accordance with the time , price and other terms and conditions of the Contract Documents . G . On request in advance , Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid . Bidder shall fill all holes , clean up , and restore the site to its former condition upon completion of such explorations . H . The lands upon which the work is to be performed , right-of-way and easements for access thereto and other lands designed for use by the Contractor in performing the work are identified in the Contract Documents . All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by and paid for by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the Owner unless otherwise provided in the Contract Documents . I . The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this the Instruction to Bidder , that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means , methods , techniques , sequences or procedures of construction as may be indicated in or required by the Contract Documents , and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the work . 00100 -3 1 . 05 INTERPRETATIONS AND ADDENDA A . All questions about the meanings or intent of the Contract Documents are to be directed in writing to the Purchasing Department. Interpretation or clarifications considered necessary by Owner in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents . Questions received less than ten days prior to the date for the opening of Bids may not be answered . Only questions answered by formal written Addenda will be binding . Oral and other interpretations or clarifications will not be binding and will be without legal effect . B . Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 1 . 06 BID SECURITY A . Each Bid must be accompanied by Bid Security made payable to Owner in an amount of five percent of the Bidder's maximum base bid price and in the form of a certified check ; cashiers check ; or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of Paragraph 5 . 01 of the General Conditions . B . The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Payment Bond and Performance Bond , whereupon the Bid Security will be returned . If the Successful Bidder fails to execute and deliver the Agreement and furnish the required Payment Bond and Performance Bond within fifteen calendar days after the Notice of Award , Owner may annul the Notice of Award , and the Bid Security of that Bidder will be retained by the County . C . The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award maybe retained by the Owner until the earlier of the seventh ( 7 ) day after the effective date of the Agreement or the sixty-first ( 61 ) day after the Bid opening , whereupon Bid security furnished by such Bidders will be returned . Bid security with bids which are not competitive may be returned before the end of the sixty-day ( 60 ) period . 1 . 07 CONTRACT TIME The number of days within which , or dates by which , the work is to be substantially completed and also complete and ready for final payment ( the Contract Time ) are set forth in the Bid Form ( Section 00300 ) and the Agreement ( Section 00530 ) . 1 . 08 LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement ( Section 00530 ) . 1 . 09 SUBSTITUTE OR " OR EQUAL " ITEMS The Contract , if awarded , will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or " or equal " items . Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal " item of material or equipment may be furnished or used by Contractor if acceptable to Engineer , application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement . The procedure for submission of 00100-4 any such application by Contractor and consideration by Engineer is set forth in Paragraph 6 . 05 of the General Conditions and may be supplemented in the Supplementary Conditions . 1 . 10 BID FORM A . The Bid Form is included with the Bidding Documents ; additional copies may be obtained from Engineer ( or the Indian River County Purchasing Department ) . B . All blanks on the Bid Form must be completed in ink or by typewriter . C . Bids by corporations must be executed in the corporate name by the president or a vice president ( or other corporate officer accompanied by evidence of authority to sign ) and the corporate seal must be affixed and attested by the secretary or an assistant secretary . The corporate address and state of incorporation must be shown below the signature . All names must be typed or printed below the signature . D . The Bid shall contain an acknowledgment of receipt of all Addenda ( the number of which must be filled in on the Bid Form ) . E . The address and telephone number for communications regarding the Bid must be shown . F . Additional forms to be submitted with Bid Form include : Section 00452 — " Disclosure of Relationships " ; Section 00456 — " General Information Required for Bidders " and "Trench Safety Act Compliance Statement" ; and Schedule of Subcontractors ( Section 00431 ) . 1 . 11 SUBMISSION OF BIDS A . All Bids shall be submitted at the time and place indicated in the Advertisement and shall be enclosed in an opaque sealed envelope , clearly marked on the outside with the following information : Project Name/Title ; Bid Number ; UCP Number; and the name and address of the Bidder. If the Bid is sent through the mail , overnight delivery system , or courier , the sealed envelope , marked as set forth above , shall be enclosed in a separate outer envelope with the notation " BID ENCLOSED " on the outside . B . The Bidder shall submit the original Bid on the Bid Forms and one exact copy of the Bid on the Bid Forms , furnished herewith . The blank spaces on the Bid Form shall be filled in correctly for each Bid Item for which a Bid is submitted . All Bids shall be accompanied by the Bid Security and other required documents . C . The Owner will consider only those bids received from parties who have obtained Contract Documents directly from the Owner or the Owner's Engineer . Contract Documents are not transferable to other parties for bidding purposes . Bids received from firms whose names are not recorded by the Owner or the Engineer as having secured documents for this Contract will be rejected . 1 . 12 MODIFICATION AND WITHDRAWAL OF BIDS A . Bids may be modified or withdrawn by an appropriate document duly executed ( in the manner that a Bid must be executed ) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids . 00100 - 5 B . If, within two business days after Bids are opened , any Bidder files a duly signed , written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid , that Bidder may withdraw its Bid and the Bid security will be returned . Thereafter, that Bidder will be disqualified from further bidding on the work to be provided under the Contract Documents 1 . 13 OPENING OF BIDS Bids will be opened and ( unless obviously non - responsive ) read aloud publicly . An abstract of the amounts of base Bids and major alternates ( if any) will be made available to Bidders after the opening of Bids . 1 . 14 BIDS TO REMAIN SUBJECT OF ACCEPTANCE All bids will remain subject to acceptance for sixty days after the day of the Bid opening , but the Owner may , in its sole discretion , release any Bid and return the Bid security prior to that date . 1 . 15 AWARD OF CONTRACT A . Owner reserves the right : to reject any and all Bids in whole or in part with or without cause ; to waive any and all informalities not involving price , time , or changes in the work ; to negotiate contract terms with the Successful Bidder ; to disregard all non -conforming , non - responsive , unbalanced , or conditional Bids ; and to accept the bid that , in its judgment , will serve the best interest of Indian River County . Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner . For and in consideration of the Owner considering Bids submitted , the Bidder , by submitting its Bid , expressly waives any claim to damages , of any kind whatsoever , in the event the Owner exercises its right to cancel the award in accordance herewith . B . In evaluating Bids , Owner will consider the qualifications of the Bidder, whether or not the Bids comply with the prescribed requirements , and such alternates , unit prices , and other data , as may be requested in the Bid Form or prior to the Notice of Award . C . Owner may consider the qualifications and experience of subcontractors listed on the Schedule of Subcontractors ( Section 00431 ) , together with the qualifications and experience of other subcontractors , suppliers , and other persons and organizations proposed for the work that are required to be identified as provided in the Supplementary Conditions . Owner may consider the operating costs , maintenance requirements , performance data and guarantees of major items of materials and equipment proposed for incorporation in the work when such data is required to be submitted prior to the Notice to Award . D . Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and establish the responsibility , qualifications , and financial ability of Bidders , proposed subcontractors , suppliers , and other persons and organizations to perform and furnish the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time . E . If the Contract is to be awarded , it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Owner . 00100 -6 F . If the Contract is to be awarded , Owner will give the Successful Bidder a Notice of Award within sixty days after the day of the Bid opening . G . More than one Bid from an individual , firm , partnership , corporation , or association under the same or different names will not be considered . Reasonable grounds for believing that one Bidder is financially interested in more than one bid for the same work will cause the rejection of all bids in which such Bidders are believed to be interested . Any or all bids will be rejected if there is reason to believe that collusion exists among the Bidders , and no participants in such collusion will be considered in future bids for the same work . H . Within fifteen ( 15 ) calendar days of the date of the Notice of Award of the Contract , the Bidder to whom the Contract is awarded shall execute and deliver two ( 2 ) original Contracts to the Owner , together with a Public Construction Bond for 100 percent of the Bid in the forms set forth in the Contract Documents and General Conditions ; and all required insurance certificates , before the Contract will be executed by the Owner . I . Failure upon the part of the Bidder to whom the Contract has been awarded to execute and deliver the Public Construction Bond and required insurance in the manner and within the time provided shall be just cause for cancellation of the award . It is understood and agreed by said Bidder , that if the award is cancelled for the above persons , the certified check or Bid Bond shall become the property of the Owner , not as a penalty , but as liquidated damages . 1 . 16 PAYMENT AND PERFORMANCE BONDS The successful Bidder as Contractor shall furnish the County immediately upon execution of the Public Construction Bond in an amount equal to 100 percent of the contract price in the form provided in the Contract Documents . The Surety shall be authorized to issue surety bonds in Florida and be included in the most recent United States Department of Treasury List of Acceptable Sureties . The successful Bidder shall require the attorney- in -fact , who executed the Public Construction Bond , to affix to each a current certified copy of their Power of Attorney, reflecting such person ' s authority as Power of Attorney in the State of Florida . Further , at the time of execution of the Contract , the successful Bidder shall provide a copy of the Surety' s current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304 - 9308 . 1 . 17 PUBLIC DISCLOSURE STATEMENT Any entity entering into a contract with Indian River County as Owner shall disclose any relationship that may exist between the contracting entity and an Indian River County Commissioner or Indian River County employee . The relationship with either 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 , half brother , half sister , grandparent , or grandchild . The term " affiliate " includes those officers , directors , executives , partners , shareholders , employees , members , and agents who are active in the management of the entity . 1 . 18 FLORIDA PRODUCED LUMBER The selected Bidder as Contractor agrees to comply with the provisions of Section 255 . 20 , Florida Statutes , as such statute may be amended from time to time , wherein Indian River County 00100 -7 as Owner must specify lumber , timber and other forest products produced and manufactured in Florida whenever such products are available and their price , fitness and quality are equal . 1 . 19 TRENCH SAFETY Florida Statutes Section 553 . 60 through 553 . 64 , known as the "Trench Safety Act" requires all contractors engaged by Indian River County , Florida to comply with Occupational Safety and Health Administration ' s excavation safety standard , found in 29 C . F . R . s . 1926 . 650 Subpart P . All prospective subcontractors are required to sign a Trench Safety Act Compliance Statement and provide compliance cost information where indicated . The costs for complying with the Trench Safety Act must be incorporated into the Bid . 1 . 20 PUBLIC ENTITY CRIME STATEMENT Pursuant to Florida Statutes Section 287 . 133 ( 2 ) ( a ) , all Bidders are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid , proposal , or reply on a contract to provide any goods or services to a public entity ( defined as the State of Florida , any of its departments or agencies , or any political subdivision ) ; may not submit a bid , proposal , or reply on a contract with a public entity for the construction or repair of a public building or public work ; may not submit bids , proposals , or replies on leases of real property to a public entity ; may not be awarded or perform work as a contractor , supplier , subcontractor , or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287 . 017 for CATEGORY TWO [currently $ 25 , 000 ] for a period of 36 months from the date of being placed on the convicted vendor list . A " public entity crime " means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States , including , but not limited to , any bid , proposal , reply , or contract for goods or services , any lease for real property , or any contract for the construction or repair of a public building or public work , involving antitrust , fraud , theft , bribery , collusion , racketeering , conspiracy , or material misrepresentation . 1 . 21 PERMITS , IMPACT , AND INSPECTION FEES . In accordance with Florida Statutes Section 218 . 80 , the " Public Bid Disclosure Act" , Indian River County as OWNER is obligated to disclose all license , permit , impact , or inspection fees that are payable to Indian River County in connection with the construction of the Work by the accepted bidder . ALL PERMIT , IMPACT , OR INSPECTION FEES PAYABLE TO INDIAN RIVER COUNTY IN CONNECTION WITH THE WORK ON THIS COUNTY PROJECT WILL BE PAID BY INDIAN RIVER COUNTY , WITH THE EXCEPTION OF RE - INSPECTION FEES AS SET FORTH IN THE CONTRACT . The Bidder shall not include ANY PERMIT , IMPACT , NOR INSPECTION FEES payable to Indian River County in the bid . END OF SECTION 00100 - 8 SECTION 00300 BID FORM ( Based Upon EJCDC No . 0 -700 , 2002 Ed . ) PROJECT IDENTIFICATION : Floating Mat System for the Spoonbill Marsh Wetland Facility Indian River County Bid # 2011029 PROJECT DESCRIPTION : 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 : The Contractor will furnish and install a Floating Mat System ( FMS ) a . k . a . floating plant mat and all plant material as required by Indian River County and as depicted in the Contract Specifications , Engineering Plans and Details . The Contractor will provide an Implementation Plan that maximizes the treatment efficiency of the FMS , and provide sufficient quantity at strategic locations , in order to achieve a demonstrable net environmental benefit as defined in Permit FL166511 -002 - IW5A . At a minimum the FMS will be located at the main points of ingress and egress to each of the major runnels . DESCRIPTION OF WORK RESPONSIBLITIES a . A FMS shall consist of buoyant marine foam of a heavy duty commercial grade material that will provide sufficient floatation to support planted aquatic vegetation and wildlife without capsizing or sinking . The buoyant marine foam shall have a high surface area to volume ratio in order to enhance periphyton and biofilm growth that will facilitate nutrient removal and improve water quality in a constructed wetland . Contractor shall provide nitrogen and phosphorus efficiency removal data for the system to be provided . b . The Contractor shall install 20 , 000 square feet of effective surface area of FMS . Mats are to be deployed at up to 40 specified locations with the initial planting sufficient to provide 80 % aerial coverage of mat surface area within 6 months . The plants to be installed within the mats shall be halophyte , native to Indian River County , Florida . The planting density shall be consistent with the buoyant marine foam being used . C , The Contractor will install the mats at specified locations and secure them in place with anchors and tethering straps or ropes . The FMS must demonstrate the proven ability to withstand marine conditions including anticipated wave action generated by high winds over the longest fetch in the system . d . Planting work will be considered complete when the Bidder demonstrates that eighty percent ( 80 % ) of the plant material installed on the project site has survived for six months or 180 consecutive days . Bidder must replace dead plant material within fourteen days after being notified by the County that the plant material is unacceptable . The Contractor shall maintain or sustain the FMS and the plants for a period of not less than one year upon acceptance by the Owner. e . The Contractor will provide one year maintenance with follow- up visits by trained 00300 - 1 personnel at least once a month for the first year following installation to assess growth rates and conditions of the mats . A progress report ( electronic format) will be submitted each month describing mat and plant conditions . f. The Contractor will provide all required means necessary to obtain , transport, and install the fabricated mats and the plant material on the project site as listed in the Plans and Details - 10200 . h . The Contractor is responsible for following traffic routing patterns , for accessing the work area without damage to any areas of the site that are outside the boundaries of the constructed ponds , wetlands , and /or runnels as shown by the construction plans , for removal of litter , containers , equipment, or any other item brought onto the project site ( excluding the plant material ) by the Contractor, for locking the main gate onto the project site after entering or leaving the site , and for coordinating all planting activities with the Department of Utility Services . L The Contractor will report all fuel , or chemical spills on the project site or in the areas adjacent to the project site immediately to the County . The Plant Contractor will be responsible for all remediation work necessary to clean up any fuel or chemical spills . j . The Contractor will not store or stockpile any equipment or construction materials including plant material on or adjacent to the project site without prior written approval from the County . k . The Contractor will provide the County with a map showing the areas where the floating plant mats have been installed , the size of the mat and an inventory of the plant material ( type & number) installed during each billing period with every invoice . THIS BID IS . SUBMITTED TO : Indian River County Purchasing Department 180027 th Street Vero Beach , FL 32960 1 . The undersigned Bidder proposes and agrees , if this Bid is accepted , to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in the Contract Documents and in accordance with the other terms and conditions of the Contract Documents . 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 sixty ( 60 ) 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 ten ( 10 ) calendar days after the date of Owner' s Notice of Award . 3 . In submitting this Bid , Bidder represents , as more fully set forth in the Agreement , that : ( a ) Bidder has examined copies of all the Bidding Documents and of the following Addenda ( receipt of all which is hereby acknowledged ) : 00300 - 2 Date Number ( 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 and drawings upon which Bidder is entitled to rely . ( d ) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying ) all such examinations , investigations , explorations , tests , reports and studies ( in addition to or to supplement those referred to in (c ) above ) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost , progress , performance or furnishing of the work as Bidder considers necessary for the performance or furnishing of the work at the contract price , within the contract time and in accordance with the other terms and conditions of the contract documents , including specifically the provisions of Paragraph 4 . 02 of the General Conditions ; and no additional examination , investigations , explorations , test , reports , studies or similar information or date or will be required by Bidder for such purposes . ( e ) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities . No additional examinations , investigations , explorations , tests , reports , studies or similar information or data in respect of said underground facilities are or will be required by Bidder in order to perform and furnish the work at the contract price , within the contract time and in accordance with the other terms and conditions of the Contract Documents , including specifically the provisions of Paragraph 4 . 04 of the General Conditions . (f) Bidder has correlated the results of all such observations , examinations , investigations , explorations , tests , reports and studies with the terms and conditions of the Contract Documents . (g ) Bidder has given Owner written notice of all conflicts , errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Owner 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 ; 00300 -3 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 . ( a ) Within 30 calendar days from effective date of Notice to Proceed , Contractor shall complete the following tasks : 1 . Receive approved shop drawings for all materials and equipment to be utilized in the job . 2 . Perform all photographic recording , as needed , and documentation of conditions prior to construction . 4 . Submit and secure approval of shop drawings 5 . Mobilize all labor, equipment , and materials . 6 . Deliver and store all equipment and materials to the job site . ( b ) From 31 calendar days to 60 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Complete Installation of all floating plant mats and plant material . 2 . Restore all disturbed areas to their pre - construction condition . 3 . Correct all deficiencies noted by Engineer . Completion of all tasks outlined above ( i . e . , Subparagraphs a ) and b ) constitutes Substantial Completion . ( c ) From 61 calendar days to 75 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 . 6 . The following documents are attached to and made a part of this Bid : ( a ) Disclosure of Relationships ( Section 00452 ) ; ( b ) General Information Required for Bidders ( Section 00456 ) , and ( c ) Schedule of Subcontractors ( Section 00431 ) . (d ) Trench Safety Act Compliance Statement 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 00300 -4 meanings assigned to them in the General Conditions . Contractor acknowledges the insurance requirements of Section 00700 as amended by Section 00800 and any other addendums and agrees to provide said insurance upon award of contract . BIDDER INFORMATION : SUBMITTED ON : February 10 , 2011 ( DATE ) SUBMITTED BY : Beemats , LLC ( NAME OF BIDDER ) 3637 State Road 44 ( STREET ADDRESS ) New Smyrna Beach , FL 33168 ( CITY , STATE , ZIP ) 386 -428 -8578 ( PHONE # ) 386 -428 - 8879 ( FAX #) BEEMAT Ct GMAIL . COM ( E - MAIL ) 26 -3971932 ( FEDERAL ID # ) 308A00061208 ( FLORIDA LICENSE # ) SIGNED BY : Steve Beeman ( PRINTED NAME ) PRESIDENT ( TITLE ) ( SIGNATURE ) 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 . TRENCH SAFETY ACT COMPLIANCE STATEMENT Project Floating Mat System for the Spoonbill Marsh Wetland Facility Bid Number # 2011029 Instructions Florida Statutes Sections 553 . 60 through 553 . 64 , known as the "Trench Safety Act' requires all 00300 - 5 contractors engaged by Indian River County , Florida to comply with Occupational Safety and Health Administration 's excavation safety standard , found in 29 C . F . R . s . 1926 . 650 Subpart P . All prospective contractors are required to sign this Trench Safety Act Compliance Statement and provide compliance cost information where indicated below . The costs for complying with the Trench Safety Act must be incorporated into this Project's base Bid . Certify this Statement in the presence of a notary public . Certification 1 . 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 I will design and provide trench safety systems at all trench excavations in excess of five feet in depth for this Project . 2 . The estimated cost imposed by compliance with The Trench Safety Act will be : N /A Dollars $ 0 . 00 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 $ 0 . 00 per square foot of special shoring used . 4 . The amount listed above has been included within the Base Bid . Certified : Beemats LLC ( Contractor) By : Stve Beeman ( Signature ) (Typed or Printed Name ) STATE OF : Florida COUNTY OF : Volusia The foregoing instrument was acknowledged before me this 24th day of Jan , 2009 by Steve Beeman of Beemats , LLC who is personally known to me or has produced as identification and who did ( did not ) take an oath . Notary Public ( affix seal ) My Commission Expires : If Bidder is : 00300 - 6 A CORPORATION By :. Beemats LLC ( Corporation Name ) Florida ( State of Corporation ) By :_ Steve Beeman ( Name of Person Authorized to Sign ) President (Title ) ( Corporate Seal ) ATTEST : signed Steve Beeman Business address : 3637 State Road 44 New Smyrna Beach , FL 32168 By : signed Steve Beeman ( S EAL ) Secretary ( General Partner) Business address : 3637 State Road 44 New Smyrna Beach , FL 32168 00300 -7 H \Projects\0741 \Bidding Contract Specifications\Spec Template\2007\00300\Bid Form . doc Indian River County Department of Utilities BID FORM 0030-5A Project: Floating Mat System for the Spoonbill Marsh Wetland Facility Indian River County Bid No. 2011029 Bid Bid Item Estimated Unit of Unit Price Total Price Item No. Description Quantity Measure Floating Mat System -Provide 20,000 sq. ft. of effective surface footprint area, complete installation with Anchor Tie-Down Straps . Mats are to be deployed at up to 40 specified location with the initial planting density sufficient to provide 80% aerial coverage of mat surface area within 6 months . Plants shall be native I halophyte plant species. Folow up site visits by trained personnel a minimum of 20,000 sq . ft. Per Square Foot $ 8 . 05 $ 16100 .00 one visit per month for one year following installation to assess growth rates and condition of mats. A Progress Report (electronic format) shall be submited monthly and will include mat and plant conditions. 2 As-Built Record Drawing (see note below) 1 LS $ 1 ,000 . 00 $ 1 ,000. 00 Complete Installation of Plant Mats and Plants Subtotal = $ 1625500 .00 3 Mobilization ( See Section 1025) 1 LS $ 7 ,500 . 00 $ 7 ,500 . 00 TOTAL CONSTRUCTION COST $ 1691500. 00 The square foot price bid for furnishing and installation of the Floating plant mats shall include, but is not limited to, site exploration, delivery of all materials to the site, installation of all Floating mats and plants deployed at specified locations and securely anchored with straps or rope, site restoration for damage that may have occurred during installation, Construction Bond, and coordination with any permitting agencies, All materials and installation shall be per Indian River County Utility Standards and Specifications unless otherwise noted in the bid documents. Contractor will provide the Department of Utility Services construction plans, which includes location, size of floating plant mats (in sq . ft.) and an inventory of plants used for the purpose of preparing As-Built Record Drawings. As-Built drawings will be prepared by the Department of Utility Services . The defined estimated quantity is a maximum and is subject to be increased or decreased based on the unit price bid. END OF SECTION Contractor's Bid Item List 00300-8 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 H :\Projects\0741 \ Bidding Contract Spec ifi cation s\Spec Temp late\2007\00410\Bid Bond . doc SECTION 00431 SCHEDULE OF SUBCONTRACTORS PLEASE LIST ALL SUBCONTRACTORS ANTICIPATED TO RECEIVE $ 10 , 000 ( TEN THOUSAND DOLLARS ) OR MORE OF WORK UNDER THIS PROJECT , INCLUDING NAME ; ADDRESS ; SPECIALTY ; AND LICENSE TYPE AND NUMBER The following are the subcontractors to be used if the undersigned is awarded the contract for this project . NAME & ADDRESS TYPE OF WORK LICENSE # Total dollar amount that will be awarded to Sub-contractors AND INCLUDED IN THE TOTAL AMOUNT OF THE BID : $ NOTE : The above Schedule of Subcontractors must be submitted with the Bid Form and will become a part of the Contract Documents . END OF SECTION 00431 - 1 SECTION 00452 DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . This sworn statement is submitted with Bid , Proposal or Contract No . for the Floating Mat System for the Spoonbill Marsh Wetland Facility . 1 . This sworn statement MUST BE submitted by : whose business address is : ( Name of entity submitting sworn statement ) ( if applicable ) its Federal Employer Identification Number ( FEIN ) is and 2 . My name is ( Please print name of individual signing ) and my relationship to the entity named above is 3 . 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. 4 . 1 understand that the relationship with a County Commissioner or County employee that must be disclosed is as follows : Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in -law, mother-in - law, daughter-in -law, son -in -law, brother-in -law, sister-in -law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild. 5 . Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement . Please indicate which statement applies . Neither the entity submitting this sworn statement , nor any officers , directors , executives , partners , shareholders , employees , members , or agents who are active in management of the entity , have any relationships as defined in Section 105 . 08 , Indian River County Code , with any County Commissioner or County employee . The entity submitting this sworn statement , or one or more of the officers , directors , executives , partners , shareholders , employees , members , or agents who are active in management of the entity have the following relationships with a County Commissioner or County employee: 00452 - 1 Name of Affiliate Name of County Relationship or EntityCommissioner or employee 1 . 2 . L4 .3 . 5 . 6 . 7 . 8 . ( Signature) (Date) STATE OF COUNTY OF Personally appeared before me , the undersigned authority , who after first being sworn by me , affixed his/ her signature in the space provided above on this day of 20 Notary Public , State at large My Commission Expires : END OF SECTION 00452 -2 SECTION 00456 GENERAL INFORMATION REQUIRED OF BIDDERS The undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained . Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder . Additional sheets shall be attached as required . Documentation Submitted with Indian River County Bid No : 2011029 for the Floating Mat System for the Spoonbill Marsh Wetland Facility 1 . How many years has your organization been in business as a supplier of floating plant mat systems used specifically for nutrient removal ? 2 . Describe and give the date and owner of a project that you have completed similar in type , size , and nature as Spoonbill Marsh Wetland Facility , preferable including the use of halophyte species . 3 . Have you ever failed to complete work awarded to you ? If so , where and why? 4 . Name three individuals or corporations for which you have performed work and to which you refer : 5 . Name of person who inspected site or proposed work for your firm : Name : Date of Inspections : Describe any anticipated problems with the site and your proposed solutions : 00456 - 1 6 . Will you Subcontract any part of this Work ? If so , describe which portions and the names and addresses of the sub-contractors : 7 . What equipment do you own that is available for the work ? 9 . What equipment will you purchase for the work ? 10 . What equipment will you rent for the work ? 11 . Florida General Contractor' s License No : 12 . The following is given as a summary of the Financial Statement of the undersigned : ( List Assets and Liabilities and use insert sheet if necessary . ) 13 . List the names and titles of ALL officers of Contractor' s firm : 00456 -2 14 . State the true and exact , correct , and complete name under which you do business . BIDDER is : 15 . State your total bonding capacity : 16 . State your bonding capacity per job . 17 . Please provide name , address , telephone number , and contact person of your bonding company . NOTE : If requested by the County , the Bidder shall furnish a notarized financial statement, references and other information , sufficiently comprehensive to permit an appraisal of his current financial condition . END OF SECTION 00456 -3 SECTION 00530 - EJCDC AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT ("Agreement" or " Contract" ) dated 2011 by and between Indian River County , a political subdivision of the State of Florida ( " OWNER" ) and Beemats , LLC ( " CONTRACTOR" ) . BACKGROUND RECITALS A . Pursuant to applicable provisions of Florida law , OWNER has selected CONTRACTOR to perform certain work as more specifically described in the Contract Documents on the terms set forth in the Contract Documents . B . CONTRACTOR agrees to perform certain work as more specifically described in the Contract Documents on the terms set forth in the Contract Documents , NOW THEREFORE , OWNER and CONTRACTOR , in consideration of the mutual covenants hereinafter set forth , and intending to be legally bound , agree as follows : ARTICLE 1 WORK 1 . 1 . 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 . CONTRACTOR shall complete all work as specified or indicated in the Contract Documents . The work is generally described as follows , and shall include , but is not necessarily limited to the following : 1 . 1 . 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 . CONTRACTOR shall complete all work as specified or indicated in the Contract Documents . The work is generally described as follows , and shall include , but is not necessarily limited to the following : The Contractor will furnish and install a Floating Mat System ( FMS a . k . a . floating plant mats and all plant material as required by Indian River County and as depicted in the Contract Specifications , Engineering Plans and Details - 10200 . The Contractor will provide an Implementation Plan that maximizes the treatment efficiency of the floating plant mat, and provide sufficient quantity at strategic locations , in order to achieve a demonstrable net environmental benefit as defined in Permit FL166511 -002 - IW5A. At a minimum the floating plant mats will be located at the main points of ingress and egress to each of the major runnels . DESCRIPTION OF WORK RESPONSIBILITIES a . A FMS shall consist of buoyant marine foam of a heavy duty commercial grade material 00530 - 1 SECTION 00530 - EJCDC AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT ( "Agreement" or " Contract" ) datedlt c IA � , 2011 by and between Indian River County , a political subdivision of the State of Florida ( " OWNER " ) and Beemats , LLC ( " CONTRACTOR " ) . BACKGROUND RECITALS A . Pursuant to applicable provisions of Florida law , OWNER has selected CONTRACTOR to perform certain work as more specifically described in the Contract Documents on the terms set forth in the Contract Documents . B . CONTRACTOR agrees to perform certain work as more specifically described in the Contract Documents on the terms set forth in the Contract Documents . NOW THEREFORE , OWNER and CONTRACTOR , in consideration of the mutual covenants hereinafter set forth , and intending to be legally bound , agree as follows : ARTICLE 1 WORK 1 . 1 . 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 . CONTRACTOR shall complete all work as specified or indicated in the Contract Documents . The work is generally described as follows , and shall include , but is not necessarily limited to the following : 1 . 1 . 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 . CONTRACTOR shall complete all work as specified or indicated in the Contract Documents . The work is generally described as follows , and shall include , but is not necessarily limited to the following : The Contractor will furnish and install a Floating Kiat System ( FMS a . k . a . floating plant mats and all plant material as required by Indian River County and as depicted in the Contract Specifications , Engineering Plans and Details = 10200 . The Contractor will provide an Implementation Plan that maximizes the treatment efficiency of the floating plant mat, and provide sufficient quantity at strategic locations , in order to achieve a demonstrable net environmental benefit as defined in Permit FL166511 -002 - IW5A . At a minimum the floating plant mats will be located at the main points of ingress and egress to each of the major runnels . DESCRIPTION OF WORK RESPONSIBILITIES a . A FMS shall consist of buoyant marine foam of a heavy duty commercial grade material 00530 - 1 that will provide sufficient floatation to support planted aquatic vegetation and wildlife without capsizing or sinking . The buoyant marine foam shall have a high surface area to volume ratio in order to enhance periphyton and biofilm growth that will facilitate nutrient removal and improve water quality in a constructed wetland . Contractor shall provide nitrogen and phosphorus efficiency removal data for the system to be provided . b . The Contractor shall install 20 , 000 square feet of effective surface area of Floating Mat System . Mats are to be deployed at up to 40 specified locations with the initial planting sufficient to provide 80 % aerial coverage of surface mat area within 6 months . The plants to be installed within the mats shall be halophyte , native to Indian River County , Florida . The planting density shall be consistent with the buoyant marine foam being used . The defined estimated quantity is a maximum and is subject to be increased or decreased based on the unit price bid . c . The Contractor will install the mats at specified locations and secure them in place with anchors and tethering straps or ropes . The FMS must demonstrate the proven ability to withstand marine conditions including anticipated wave action generated by high winds over the longest fetch in the system . d . Planting work will be considered complete when the Bidder demonstrates that eighty percent of the plant material installed on the project site has survived for six months or 180 consecutive days . Bidder must replace dead plant material within fourteen days after being notified by the County that the plant material is unacceptable . e . The Contractor will provide one year maintenance with follow- up visits by trained personnel at least once a month for the first year following installation to assess growth rates and conditions of the mats . A progress report ( electronic format) will be submitted each month describing mat and plant conditions . f. The Contractor will provide all required means necessary to obtain , transport, and install the fabricated mats and the plant material on the project site as listed in the Plans and Details - 10200 . h . The Contractor is responsible for following traffic routing patterns , for accessing the work area without damage to any areas of the site that are outside the boundaries of the constructed ponds , wetlands , and /or runnels as shown by the construction plans , for removal of litter, containers , equipment, or any other item brought onto the project site ( excluding the plant material ) by the Plant Contractor, for locking the main gate onto the project site after entering or leaving the site , and for coordinating all planting activities with the Department of Utility Services . i . The Contractor will report all fuel , or chemical spills on the project site or in the areas adjacent to the project site immediately to the County . The Plant Contractor will be responsible for all remediation work necessary to clean up any fuel or chemical spills . j . The Contractor will not store or stockpile any equipment or construction materials including plant material on or adjacent to the project site without prior written approval from the County . 00530 -2 k . The Contractor will provide the County with a map showing the areas where the floating plant mats have been installed , the size of the mat and an inventory of the plant material ( type & number ) installed during each billing period with every invoice . ARTICLE 2 ENGINEER 2 . 1 . The project has been designed by , Indian River County Department of Utility Services and hereinafter called the OWNER , assume all duties and responsibilities and have the rights and authority assigned in the Contract Documents in connection with completion of the work in accordance with the Contract Documents , ARTICLE 3 CONTRACT TIME 3 . 1 . Contract Times . The CONTRACTOR shall be substantially completed with the following timeframe ( a ) Within 30 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 . Perform all photographic recording and documentation of conditions prior to construction . 4 . Locate all existing utilities in the area of work . 5 . Submit and secure approval of shop drawings . 6 . Mobilize all labor , equipment , and materials . 7 . Deliver and store all equipment and materials to the job site . 8 . Notify all utilities and other affected parties prior to initiating construction . ( b ) From 31 calendar days to 60 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Install the FMS . 2 . Perform all testing . 3 . Restore all disturbed areas to their pre-construction condition . 4 . Correct all deficiencies noted by Engineer . Completion of all tasks outlined above ( i . e . , Subparagraphs a ) and b ) constitutes Substantial Completion . ( c ) From 61 calendar days to 75 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 . 3 . 2 . Completion of all tasks outlined above ( i . e . , Subparagraphs a , b , and c ) constitute Final Completion . 00530 - 3 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 ) for each day that expires after the time specified in Paragraph 3 . 1 for Substantial Completion , if CONTRACTOR shall neglect , refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER , CONTRACTOR shall pay OWNER four hundred fifty dollars ( $450 ) for each day that expires after the time specified in Paragraph 3 . 1 for completion and readiness for final payment . ARTICLE 4 CONTRACT PRICE 4 . 1 . OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $ 169 , 500 . 00 . ARTICLE 5 PAYMENT PROCEDURES 5 . 1 . General . 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 . 2 . 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 . 3 . 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 . Partial payment for materials and equipment in proper storage at the site of the work or other approved storage site will be made in accordance with Section 01025- Measurement and Payment . After fifty percent ( 50 % ) completion , and pursuant to Florida Statutes section 218 . 735 ( 8 ) (d ) , the CONTRACTOR may submit a pay request to the County as OWNER for up to one half ( 1 /2 ) of the retainage held by the County as OWNER , and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute ; the subject of a claim pursuant to Florida Statutes section 255 . 05 ( 2005 ) ; or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR . The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services , or 00530 -4 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 . 4 . Federal Funds . Paragraphs 5 . 2 and 5 . 3 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 . ARTICLE 6 FINAL PAYMENT 6 . 1 . Acceptance And Final Payment : Upon receipt of written notice that the work is ready for final inspection and acceptance , the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed , the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed , and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR , will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment . 6 . 2 . Acceptance of Final Payment as Release . The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work . Any payment , however , final or otherwise , shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds . ARTICLE 7 CONTRACTOR' S REPRESENTATIONS 7 . 1 . In order to induce OWNER to enter into this Agreement , CONTRACTOR makes the following representations : 7 . 1 . 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 . 1 . 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 . 1 . 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-o2 above ) which pertain 00530 - 5 �' 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 . 1 . 4 . CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities . No additional examinations , investigations , explorations , tests , reports , studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and 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 . 1 . 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 . 1 . 6 . CONTRACTOR has given ENGINEER written notice of all conflicts , errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR . ARTICLE 8 CONTRACT DOCUMENTS 8 . 1 . The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following : 8 . 1 . 1 . This Agreement ( Section 00530 ) . 8 . 1 . 2 . Public Construction Bond ( Sections 00610 ) . 8 . 1 . 3 . Notice of Award and Notice to Proceed ( examples in Section 00800 ) . 8 . 1 . 4 . General Conditions ( Section 00700 ) . 8 . 1 . 5 . Supplementary Conditions ( Section 00800 ) . 8 . 1 . 6 . Specifications bearing the title " Floating Mat System for the Spoonbill Marsh Wetland Facility " as listed in the table of contents hereof. 8 . 1 . 7 . Drawings , inclusive with each sheet bearing the following general title " Floating Mat System for the Spoonbill Marsh Wetland Facility" , inclusive . 8 . 1 . 8 . Addenda numbers N /A to N /A 8 . 1 . 9 . CONTRACTOR ' S Bid ( Section 00300 ) . 8 . 1 . 10 . Specifications bearing the title " IRCDUS Water and Wastewater Utility Standards , July 2009 " , or the latest version thereof. 8 . 1 . 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 . 00530- 6 8 . 2 . 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 . Definitions . Terms used in this Agreement that are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions . 9 . 2 . No Assignment . The CONTRACTOR shall not assign , transfer , or otherwise dispose of this 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 concurrence 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 . OWNER and CONTRACTOR each binds itself, its successors , assigns and legal representatives to the other party hereto and to its successors , assigns and legal representatives in respect of all covenants , agreements and obligations contained in the Contract Documents . 9 . 3 . Licenses . . 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 . 4 . Remedies And Choice Of Law 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 . No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every such remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise . No single or partial exercise by any party or any right , power, or remedy hereunder shall preclude any other or further exercise thereof. 9 . 5 . Indemnification . 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 . 6 . Availability of Funds . The obligations of the Owner under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County . 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 . 00530 - 7 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 . 9 . 10 . Severability . If any term or provision of this Agreement or the application thereof to any person or circumstance shall , to any extent , be held invalid or unenforceable for the remainder of this Agreement , then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected , and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law . 9 . 11 . Captions And Interpretations . Captions in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions . Unless the context indicates otherwise , words importing the singular number include the plural number , and vice versa . Words of any gender include the correlative words of the other genders , unless the sense indicates otherwise 9 . 13 . Entirety Of Agreement . This Agreement incorporates and includes all prior and contemporaneous negotiations , correspondence , conversations , agreements , and understandings applicable to the matters contained herein and the parties agree that there are no commitments , agreements , or understandings concerning the subject matter of this Agreement that are not contained in this document . Accordingly , it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements , whether oral or written . It is further agreed that no modification , amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the formality and of equal dignity herewith . 9 . 14 . Background Recitals . The background recitals are true and correct and form a material part of this Contract . ( Remainder of This Page Intentionally Left Blank ) 00530 - 8 IN WITNESS WHEREOF , OWNER AND CONTRACTOR have signed this Agreement the day and year first written above . This Agreement will be effective on MpA2c0 120111 OWNER CONTRACTOR Indian River County Beemats LLC Board of County Commissioners p coca u., s Chairman v: BCC Approved : 03 / 01 / 11 o i ; spa - _ • ° — Attest : J . VBrt n , Clerk of t e rcuit ou o �O 7ip•e, ••wQp04 � _ �b� �/� •e. . . . . _ _ puty Clerk otleo4. „poop Approved By : J eph A . gaird , County Administrator pprovedd as to Form an z L g I Sufficiency : � = County Attorney Address for giving notices 1801 27th Street Address for giving notices Vero Beach Florida 32960 3637 State Road 44 New Smyrna Beach FL 32168 . License No . 308A00061208 Agent for service of process : Steve Beeman END OF SECTION 00530 - 9 SECTION 00610 PUBLIC CONSTRUCTION BOND INSTRUCTION FOR PUBLIC CONSTRUCTION BOND The front or cover page to the required public construction payment and performance bond shall contain the information required by Fla . Stat . 255 . 05 ( 1 ) ( a ) , and be substantially in the format shown on the first page following this instruction . The Public Construction Bond shall be in the form suggested by Fla . Stat . 255 . 05 ( 3 ) as shown on the second page following this instruction . A Power of Attorney from a surety insurer authorized to do business in Florida , authorizing the signature of the Attorney in Fact who executes the Public Construction Bond shall accompany that Bond . 00610 - 1 Public Work F. S . Chapter 255 . 05 (1 ) (a) 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 : o? j' 9 O 7 9 (o CONTRACTOR NAME : Bee 610 f L L C CONTRACTOR ADDRESS : 36 3 7A � Lf `7 /U CONTRACTOR PHONE NO : 386 ` Z( 28 SURETY COMPANY NAME : wey sure 7`Zj fJ /? t DQ +1 �i SURETY PRINCIPAL 7 `� BUSINESS ADDRESS : auk /�� //S . S - S2 / / 7 SURETY PHONE NO : OWNER NAME : � '� e IP e�i`•y� 4 ,tel OWNER ADDRESS : N6,1 2 5.,, 4 rti aXpu d /lor >' c1g 3- Z169 OWNER PHONE NO: OBLIGEE NAME : (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS : OBLIGEE PHONE NO : BOND AMOUNT: CONTRACT NO : ( if applicable) J n J DESCRIPTION OF WORK : F7 Oq �l !il G) f' /Carl T �Gh rrQS PROJECT LOCATION : DO © 1^ 61 44a S 11 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. 00610 - 2 12 / 22 / 2810 00 : 26 ;864289879 PUBLIC CONSTRUCTION BOND Bond No , 24907961 enter bond number) BY THIS BOND , We Beemats , LLC as Principal and Western Surety Company a Corporation , as Surety , are bound to County of Indian River herein called Owner , in the sum of S 169 , 500 . 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 _ ___ �, between Principal and Owner for construction of Indian River County Floating Mat System , the 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 . 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 . 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 . DATED ON 3/3/2011 ( Name of Principal ) ttorr v in Fact (VORATE Western Surety Company SEAL Name of Sure END OF SECTION 00610 - WesternSurety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No . 24907961 Know All Men By These Presents , that WESTERN SURETY COMPANY , a corporation duly organized and existing under the laws of the State of South Dakota , and having its principal office in Sioux Falls , South Dakota (the " Company ") , does by these presents make , constitute and appoint Rainy Annette Robinson its true and lawful attorney (s) - in- fact , with full power and authority hereby conferred , to execute , acknowledge and deliver for and on its behalf as Surety, bonds for: Principal : Beemats , LLC Obligee : County of County of Indian River Amount : $ 500 , 000 . 00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President , sealed with the corporate seal of the Company and duly attested by its Secretary , hereby ratifying and confirming all that the said attorney (s) -in-fact may do within the above stated limitations . Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect . " Section 7 . All bonds , policies , undertakings , Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President , Secretary , any Assistant Secretary , Treasurer , or any Vice President or by such other officers as the Board of Directors may authorize . The President , any Vice President , Secretary , any Assistant Secretary , or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds , policies , or undertakings in the name of the Company . The corporate seal is not necessary for the validity of any bonds , policies , undertakings , Powers of Attorney or other obligations of the corporation . The signature of any such officer and the corporate seal may be printed by facsimile . " All authority hereby conferred shall expire and terminate , without notice , unless used before midnight of June 2 8th 2011 , but until such time shall be irrevocable and in full force and effect . In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President , Paul T . Bruflat , and its ,corporate seal to be affixed this 2nd clay of March 2011 WES SUR Y COMPANY Paul T . Brufl , Senior Vice President STAT O -DAKOTA SOUTH OTA � a f ss COUNTY,QF [NN, iAHA On this 2nd day of March in the year 2011 before me , a notary public, personally appeared Paul T . Bruflat , who being to me duly sworn , acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of aid corporation . + 5ti �, hyaw5ti55h �, hy55hyhy5y �, + s D . KRELL s s SEAL NOTARY PUBLIC SEAL s IF SOUTH DAKOTA � s —4— Notary Public - South Dakota + �, 5ahyayytihhhhhhhhhhhhhh + My Commission Expires November 30 , 2012 I the undersigned officer of Western Surety Company , a stock corporation of the State of South Dakota , do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable , and furthermore , that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force . In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 2nd day of March 2011 . WEST R SURE Y COMPANY _ ;7 Form F5306-9-2006 Paul T . Brufl , Senior Vice President ❑ Acknowledgment of Principal 0 Acknowledgment of Surety (Attorney - in - Fact) STATE OF California 22 __ COUNTY OF C044IO A Cos %Q ss On /3 / U before me , date here insert name and title of the officer personally appeared Rainy Annette Robinson name (s) of signer (s) who proved to me on the basis of satisfactory evidence to be the person (s) whose name (s ) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies) , and that by his/ her/their signature (s) on the instrument the person (s) , or the entity upon behalf of which the person (s ) acted , executed the instrument . I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct . M:N:otary AZARYANO - ROBINSON WITNESS my hand and official seal . MM . # 1877879 i I ' Public California o ontra Costa County Signature " ` (Seal) mm , Ex ' es an. 23, 2014 ( The balance of this page is intentionally left blank . ) Western Surety company Form 1900 -1 -2008 a«r V > YIJWLLlr11 b ,. UfiUAf AX PAGE 2 OF 2 . _ CERTIFICATE OF LIABILITY' INSURANCE 23 / 2 tN ,�,DI1Y,�Y, i / 2 / zoil THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORR . MATION ONLY AND CONFERS NO R13HTS 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 SUBROGA"TION IS WAIVED. subject to ?he 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 MOT T Faa: ela Carrick East; Ccast 11surors Inc PHOPJE ------- -H 1395 ) 67 " -4119 801 S . Yonae St VeML ar: @9astroastinsurcrs , cazl Aooat�s; F - ' PR°Duc�a Doc2er, 7a_ _ _ ..___.__._., )nd _._boach,-- . - -- 8 3_2—_1-7 _4 - 76_ -33 INSURED E R(S) A=FR -_COVERAG : - - - -----T rAlcv -- ----- - - _)NsuaeaARopkhi11 _ Insuranoa _ Comoaan-y__--- B6emata , LLC — ---- -- --- - - ---- - -- - - -- — = - - -- IN6URr'R C : - - Q / 0 39w� an ' s Nursery -- -- INSURER p : 3637 State Road 44 _ _ - - - INSURER E : new Smyrna Beach FZ 32168 INSURER F --- --- — -- -- COVERAGESCERTIFICATE NUMBERGL1083_10_ ° C75 _ REVISION NUMBER. THIS !S TO CERTIFY THAT THE: PO-ICIES OF INSURANCE LISTED BELO'11; HAVE SEEN ISSUED TO THE IIJSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHS'AN' DING ANY REQUIREMENT, TERM OR CON Di*TON OF AN), CONTRACT OR OTHEP. DOCUMENT 'Wl' iI FESPEOT TC 'WHICH THIS CER'IFICATE MAY BE ISSUED OR t,dAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS A.ND GUNOITIONS RDF SUCH POLiCIES . L14AITS SHOWN MA.Y HAVE BEEN FECUCED BY PAID CLAIMS 1.7R TYPE OF IWSI:RANCE lrtyp ikyy0 POUCX NUMBERTPOLICW EF'F FQI.ICY E7(P GEIJERALLIABILITY Cr - 1fWA'DDlrrrn ' l 167JVYrYt LIMITS - =a ,, ;•- c:.. EI ICE 1 , 000 , 000 - - - r-- , !. FaWtJ 51�. mi�L 50 , 000 A CLAIMS-MAGE r> : ;LIP X R2XaSC0331501 7 /301i01D 1 / 30/2011 � 5 000 "cC ;gmo �ecP: a�n , _ .__..__..—..____ ._..___ _— ._—.— I �r. RSG' i•. Ls: A _� VIP !„I�a i 11000 , 000 �$ -- - 1 - - -T000- FRODUCT3 - COMPIOP AGG $ 11000 , 000 AUTOMOBILE UAE'ILITV — _--- .--- ----"--- -�--- —'- ----- -- -� .r ' . �.UTr. (Ea L $ ALL Ju ti"' A ! ��iilL” a'•! l.'F>' (FPR person) 3 6 : ?!L ' IfWAP� ( PPraccident) j s - -� :LJ LLl .: UTJ3 --r— � i Fr,.. 'rFl n ri. nJA ':F I 3 i ---� LIMBREL LA LWB EXCESS UAB ~I CLAJMSAtiiDE — -- -- – - - - -- –1-- ---- ----- c" p : : s r �rK l�Ti rL _ 1--._.--- --__— . _----__._ — T ---- ------ — ---- — — 1 c r, v pr u- T ri. ! Wr' ?hf3RS � OMPEIJSi TION "---- —�, —I iOR r T �.-- ---' ANC' EMV OYErta LIA oI Il' . — — _ ANY nROPVRiErJNWRARTNFR+E)(ECUTIVE rYr N— � I GFS J N i A ' ' (ManUatot) In NH) I F .L. DISEASE • EP E.MP"OYEC ' ;„Ad�, , p r'iF FLHTO- :ti ;,elr, v.; -- —__• _N E L DISEASE • PCL!CY LIMIT I CE3CP .?TiCNC; F OPeRATION3 : LOCATIONSt VEHICLES (Attach ACCiRD 1M.. , Addit � unal Remark~ Scked6ie i " mere spn :ais reCu redl CERTIFICATE HOLDER _ r CANCELLATION ( 7721 77 L - 51vC SHOULD AN 'rOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN Indian River Ccvnty Cv! nar ) and ACCORDANCE WITH THe POLICY PROVISIONS . ! ss Camp Dresser, b McKee , Tr. c ------- _ —. 8Q ,7 2 -,. th �� Lr.F3Er AUTHORIZEDRERREiENIAWE visru Eaach , FL 3296u srricx ! PAM ACORD 25 ( 2009;09 ) J 19B8 .2009 ACORD CORPORAT'.ON . All rights reserved. INS026 ,:'_ c ?c The ACORD narna and logo are registered marcs 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 C National Society of American Society �` ; Professional Engineers - -Priv Professional Engineers in Private Practice ASCE 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 nsi The Associated General Contractors of America ?ro:r ecce f^r Creannn nr,c aUslainng the Enrircrrnen Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for E.ICDC. 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 Paste ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1 . 01 Defined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1 . 02 Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE2 - PRELIMINARY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 . 01 Delivery of Bonds and Evidence of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 . 02 Copies of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 . 03 Commencement of Contract Times; Notice to Proceed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 . 04 Starting the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 . 05 Before Starting Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 . 06 Preconst action Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 . 07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 3 - CONTRACT DOCUMENTS : INTENT , AMENDING , REUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 01 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 02 Reference Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 04 Amending and Supplementing Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 3 . 05 Reuse of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 3 . 06 Electronic Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 ARTICLE 4 - AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS ; HAZARDOUS ENVIRONMENTAL CONDITIONS ; REFERENCE POINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 01 Availability of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 4 . 02 Subsurface and Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 . 03 Differing Subsurface or Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 . 04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4 . 05 Reference Points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4 . 06 Hazardous Environmental Condition at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE5 - BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 . 01 Performance, Payment, and Other Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 . 02 Licensed Sureties and Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 . 03 Certificates of-Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 oflnsurance Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 . 09 Acceptance of Bonds and Insurance; Option to Replace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 . 10 Partial Utilization, Acknowledgment of Propertylnsurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 6 - CONTRACTOR ' S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 01 Supervision and Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 02 Labor; Working Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . 18 6 . 03 Services, Materials, and Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 04 Progress Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . . . . . . . . . . 0 . . . . . 18 6 . 05 Substitutes and " Or-Equals " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 06 Concerning Subcontractors, Suppliers, and Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . 0 . . . . . . . . 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 . . . 0 . . . . . . . . . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . . . . . . . . . . . . 4 - o . . . . . . . . . . . . . . . . . . 23 6 . 15 Hazard Communication Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 3 6 . 16 Emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 . 17 Shop Drawings and Samples . . . . . . . . . . . . . . . . . . . . 23 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . 18 Continuing the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 . 19 Contractor 's General Warranty and Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 . 20 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 . 21 Delegation of Professional Design Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ARTICLE 7 - OTHER WORK AT THE SITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 7 . 01 Related Work at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . 02 Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 7 . 03 Legal Relationships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 8 - OWNER ' S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . 01 Communications to Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 . 02 Replacement of Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 . 03 Furnish Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 . 04 Pay When Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 . 05 Lands and Easements; Reports and Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 . 06 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 . 07 Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 . 08 Inspections, Tests, and Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 . 09 Limitations on Owner 's Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 10 Undisclosed Hazardous Environmental Condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . l l Evidence of Financial Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ARTICLE 9 - ENGINEER ' S STATUS DURING CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9 . 01 Owner 's Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9 . 02 Visits to Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9 . 03 Project Representative . . . . . . . . . . . a . . . a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . am . . . . . . . . . . . . . . . . . . . . a . . . . m - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . . 27 9 . 04 Authorized Variations in Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9 . 05 Rejecting Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9 . 06 Shop Drawings, Change Orders and Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 07 Determinations for Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 08 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 09 Limitations on Engineer 's Authority and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 ARTICLE 10 - CHANGES IN THE WORK ; CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 10 . 01 Authorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 10 . 02 Unauthorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 10 . 03 Execution of Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 10 . 04 Notification to Surety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 10 . 05 Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE 11 - COST OF THE WORK ; ALLOWANCES ; UNIT PRICE WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 11 . 01 Cost of the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 11 . 02 Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 11 . 03 Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 ARTICLE 12 - CHANGE OF CONTRACT PRICE ; CHANGE OF CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 12 . 01 Change of Contract Price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 12 . 02 Change of Contract Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 12 . 03 Delays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION , REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK . . . . . . . 33 13 . 01 Notice of Defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 13 . 02 Access to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 13 . 03 Tests and Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 13 . 04 Uncovering Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 13 . 05 Owner May Stop the Work . . . . . . . . . . . . . . . 0 . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . a . . . . . . a . . . . . . . a . . . . . . . a . . . . . . . . . . . . . . . . a . . . . 34 13 . 06 Correction or Removal of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 13 . 07 Correction Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 13 . 08 Acceptance of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 09 Owner May Correct Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 14 . 01 Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 14 . 02 Progress Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 14 . 03 Contractor 's Warranty of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . 0 . a . 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 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14 . 07 Final Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14 . 08 Final Completion Delayed . . . . . . . . . . . . . . . . . . . . . . . 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . 09 Waiver of Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 15 . 01 Owner May Suspend Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 . 02 Owner May Terminate for Cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 15 . 03 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Owner May Terminate For Convenience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 15 . 04 Contractor May Stop Work or Terminate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 ARTICLE 16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 . 01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 17 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 . 01 Giving Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 . 02 Coniptitation of Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 . 03 Cumulative Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 . 04 Survival of Obligati . . . . . . . . . ons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 I - DEFINITIONS AND TERMINOLOGY authorizes an addition , deletion , or revision in the Work or an adjustment in the Contract Price or the Contract Times , issued on or after the Effective Date of the 1 . 01 Defined Terms Agreement . A . Wherever used in the Bidding Requirements or 10 . Claim-- A demand or assertion by Owner or Contract Documents and printed with initial capital Contractor seeking an adjustment of Contract Price or letters, the terms listed below will have the meanings Contract Times , or both , or other relief with respect to the indicated which are applicable to both the singular and terms of the Contract . A demand for money or services by plural thereof. in addition to terms specifically defined , a third party is not a Claim . terms with initial capital letters in the Contract Documents include references to identified articles and 11 . Contract--The entire and integrated written paragraphs , and the titles of other documents or forms . agreement between the Owner and Contractor concerning the Work . The Contract supersedes prior negotiations, 1 . Addenda-- Written or graphic instruments issued representations, or agreements , whether written or oral . prior to the opening of Bids which clarify , correct, or change the Bidding Requirements or the proposed 12 . Contract Documents-- Those items so designated Contract Documents . in the Agreement . Only printed or hard copies of the items listed in the Agreement are Contract Documents . 2 . Agreement--The written instrument which is Approved Shop Drawings, other Contractor ' s submittals, evidence of the agreement between Owner and Contractor and the reports and drawings of subsurface and physical covering the Work . conditions are not Contract Documents . 3 . Application 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 . Ashestos--Any material that contains more than stated in the Agreement to : ( i) achieve Milestones, if any , one percent asbestos and is friable or is releasing asbestos ( ii ) achieve Substantial Completion ; and ( iii ) complete the fibers into the air above current action levels established Work so that it is ready for final payment as evidenced by by the United States Occupational Safety and Health Engineer' s written recommendation of final payment . Administration . 15 . Contractor--The individual or entity with whom 5 . Bid--The offer or proposal of a Bidder submitted Owner has entered into the Agreement . on the prescribed form setting forth the prices for the Work to be performed . 16 . Cost of the Work--See Paragraph 11 . 0 LA for definition . 6 . Bidder--The individual or entity who submits a Bid directly to Owner. 17 . Drawings--That part of the Contract Documents prepared or approved by Engineer which graphically 7 . Bidding Documents--The Bidding Requirements shows the scope, extent, and character of the Work to be and the proposed Contract Documents ( including all performed by Contractor. Shop Drawings and other Addenda) . Contractor submittals are not Drawings as so defined . 8 . Bidding Requirements- -The Advertisement or 18 . Effective Date of the Agreement--The date Invitation to Bid , Instructions to Bidders , bid security of indicated in the Agreement on which it becomes effective, acceptable form , if any , and the Bid Form with any but if no such date is indicated , it means the date on supplements . which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19 . Engineer--The individual or entity named as such in the Agreement. 20 . Field Order--A written order issued by Engineer which requires minor changes in the Work but which does 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 . Milestone--A principal event specified in the standards by which such portion of the Work will be Contract Documents relating to an intermediate comple- judged . tion date or time prior to Substantial Completion of all the Work . 39 . Schedule of Submittals--A schedule , prepared and maintained by Contractor, of required submittals and 27 . Notice of Award--The written notice by Owner the time requirements to support scheduled performance to the Successful Bidder stating that upon timely of related construction activities . compliance by the Successful Bidder with the conditions precedent listed therein , Owner will sign and deliver the 40 . Schedule of Values--A schedule, prepared and Agreement . maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used 28 . Notice to Proceed--A written notice given by as the basis for reviewing Contractor ' s Applications for Owner to Contractor fixing the date on which the Con - Payment. tract Times will commence to run and on which Contractor shall start to perform the Work under the 41 . Shop Drawings- -All drawings , diagrams , Contract Documents . illustrations, schedules, and other data or information which are specifically prepared or assembled by or for 29 . Owner--The individual or entity with whom Contractor and submitted by Contractor to illustrate some Contractor has entered into the Agreement and for whom portion of the Work . the Work is to be performed . 42 . Site--Lands or areas indicated in the Contract 30 . PCBs- -Polychlorinated biphenyls . Documents as being 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 . I . The word "day" means a calendar day of 24 50 . Unit Price Work-- Work to be paid for on the hours measured from midnight to the next basis of unit prices . midnight. 51 . Work--The entire construction or the various D . Defective separately identifiable parts thereof required to be provided under the Contract Documents . Work includes 1 . The word "defective , " when modifying the word and is the result of performing or providing all labor, " Work , " refers to Work that is unsatisfactory, services, and documentation necessary to produce such faulty, or deficient in that it : construction , and furnishing, installing, and incorporating all materials and equipment into such construction , all as a . does not conform to the Contract Documents , required by the Contract Documents . or 52 . Work Change Directive--A written statement to b . does not meet the requirements of any Contractor issued on or after the Effective Date of the applicable inspection , reference standard , test, or Agreement and signed by Owner and recommended by EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 8 approval referred to in the Contract Documents , �eetrtele or to �l s�aa� Baa rin-ire ae�ordance 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�13e-C `Fi•rrtc��rEi-e�rr��ar�®�-to-�rrrrerr 1 . The word " furnish , " when used in connection thirtieth day after the Effective Date of the eement or, with services, materials , or equipment, shall mean to if a Notice to Proceed is given , on �th day indicated in the supply and deliver said services, materials, or Notice to Proceed . A Notices oceed may be given at equipment to the Site (or some other specified any time within 30 day ter the Effective Date of the location) ready for use or installation and in usable or Agreement . In n ent will the Contract Times coin - operable condition . mence to r ater than the sixtieth day after the day of Bid Ing or the thirtieth day after the Effective Date of 2 . The word " install ," when used in connection 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, Pied 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 oflnsurance sufficient detail to serve as the basis for progress payments during performance of the Work. Such whew-C-oat�acter delivers=t � �aee �AAeprices will include an appropriate amount of the Agreement to Owner, Contractor shall also deto overhead and profit applicable to each item of Work . Owner such bonds as Contractor may be re ed to furnish . 2 . 06 Preconstruction Conference B . Evidence oflnsurance: ore any Work at the Site is A . Before any Work at the Site is started , a conference started , Contractor a weer shall each deliver to the attended by Owner, Contractor, Engineer, and others as other, with co o each additional insured identified in appropriate will be held to establish a working the Supp entary Conditions , certificates of insurance understanding among the parties as to the Work and to ( an . er evidence of insurance which either of them or discuss the schedules referred to in Paragraph 2 . 05 . A , MahigDish 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 A . At least 10 days before submission of the first Regulations 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 . Contractor ' s Schedule of Values will be accept- 3 . 03 Reporting and Resolving Discrepancies 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.r—C®>atcasze>_shalL�et�b�.liakil�te _9�u 2 . reuse any of such Drawings, Specifications , Engineer for failure to report an error, other documents, or copies thereof on extensions of ambiguity , or discre at � Documents the Project or any other project without written unless r Knew or reasonably should have consent of Owner and Engineer and specific written e '�kere°f• 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 } : ' Except-as-rr�a -be-o�}3cw -sla®sIral -star herein shall preclude Contractor from retaining copies of the Contract Documents, the provisions of .4 the Contract Documents for record purposes . Contract Documents shall take preceder�e'e in resolving any conflict, error, ambiguity, or Iscrepan- 3 . 06 Electronic Data cy between the provisions of theZndard , t�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 anypecification , be relied upon are limited to the printed copies (also manual , code , or inst fiction (whether or not known as hard copies) . Files in electronic media format of specifically incorp ted by reference in the text, data, graphics, or other types are furnished only for Contract DOcllm s) ; or the convenience of the receiving party . Any conclusion or information obtained or derived from such electronic files b . the pr isions of any Laws or Regulations will be at the user ' s sole risk . if there is a discrepancy applicato the performance of the Work between the electronic files and the hard copies , the hard (unl such an interpretation of the provisions copies govern . o e Contract Documents would result in viola- tron-o�saeh-L-aw or-lt�gtllaGia►) . 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 A . Contractor and any Subcontractor or Supplier or other 4 . 01 Availability of Lands individual or entity performing or furnishing all of the � j� { ,��tlat�—ersr} {a+ �y=Fy Work under a director indirect contract with Contractor, Contractor of any encumbrances or restricts not of shall not : general application but specifically r q1 ted to use of the Site with which Contractor must o fiply in performing I . have or acquire any title to or ownership rights in the Work . Owner will obtam .n1a timely manner and pay any of the Drawings , Specifications , or other for easements for pe�rm�it IcIit structures or permanent documents ( or copies of any thereof) prepared by or changes in existing, lities . if Contractor and Owner are bearing the seal of Engineer or Engineer ' s unable to agr,��n entitlement to or on the amount or consultants, including electronic media editions ; or extent, i any , of any adjustment in the Contract Price or Cwt act Times , or both , as a result of any delay in -�rvn�x's-firrtristrirrg-the-Srrte-owa-part the>:eof�errtr$eters EJCDC C-700 Standard General Conditions of the Construction Contract . Copyright D 2002 National Society of Professional Engineers for EJCDC. All rights reserved . 00700 - 11 may- make-a-Claim;therefor-as-provided-inParagraph 4 . 03 Differing Subsurface or Physical Conditions A-�lotice--l14tractor beIiellfz&that_any subsurfa.c� B--t� pon-reasonable-writterrrequest-Ownershai•1-f i�is*I physical condition at or contiguous to the Site that is Contractor with a current statement of record-leggy title uncovered or revealed either : and legal description of the lands uponp5 ich the Work is to be performed and OQw er ll�est therein as necessary I . is of such a nature as to establish that any for giving n2��J e o of or filing a mechanic ' s or construction " technical data" on which Contractor entitled to lie>gainssl such lands in accordance with applicable rely as provided in Paragraph 4 . 02/ is materially 'L-aw'-alad-}�eglata° s • inaccurate ; or C . Contractor shall provide for all additional lands and 2 . is of such a nature as to red/iirea 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 fro that shown or indicated in the Contract Documents ;] r 4 . 02 Subsurface and Physical Conditions / 4 . is of an unusuYnature, and differs materially Ar R-ePoWs and-Alawi ags:The4tappaeme.>azar-y-6ond Gio{is from conditions or marily encountered and generally ized identify : J� / recognas in lerent in work of the character ��,�---- ✓ provided for in/tfie Contract Documents ; 1 . those reports of exp`lorations and tests of Jo subsurface condi ' ot�t or contiguous to the Site that then Contractor shall , promptly after becoming aware Engipee as used in preparing the Contract DOCu- thereof and i4ore further disturbing the subsurface or �ents;5 nd- physical conditions or performing any Work in connec- tion there4th (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 . . •44:Lim4ted�Relions-e-by-CentroGtor-on-Te&hnisa1.Dat -B-ELngineerl=s-Review After-reGei•pt af-Nvritten-n�oot.ii�s--e---as Authorized: Contractor may rely upon the general required by Paragraph 4 . 03 . A, Engineer w I-pr6mptly accuracy of the "technical data" contained in succi reports review the pertinent condition ete�me the necessity of and drawings , but such reports and drawings a not Owner's obtainin di ' nal exploration or tests with Contract Documents . Such "technical data" i identified respect t ere , and advise Owner in writing (with a copy in the Supplementary Conditions . Except fpr such reliance -ter ontr-actor) of-Engineer s ftnd.irlgs arid-Gons4usions on such "technical data, " Contractor ma not rely upon or make any claim against Owner or En ioneer, or any of C . Possible Price and Times Adjustments their Related Entities with respect to -1—T-ii"ontr-ast•Pr-ing er-tlie--Gontraet Ti•me>sy-of. I . the completeness of s ch reports and drawings both , will be equitably adjusted to the extent tha Yfie for Contractor ' s purposes, ncluding, but not limited existence of such differing subsurface orslcal to, any aspects of thOmmeans, methods, techniques, condition causes an increase or deo of ase in sequences, and procedures of construction to be Contractor ' s cost of, or time re uired/for, erfor- q P employed by Contactor, and safety precautions and mance of the Work ; subject, howev tlto the follow- programs inside thereto ; or ing : 2 . other data, interpretations, opinions, and a . such condition mu meet any one or more of informatr5 contained in such reports or shown or the categories de cribed in Paragraph 4 . 03 . A ; indicate -lin such drawings ; or and 3 . y Contractor interpretation of or conclusion b . with spect to Work that is paid for on a Unit d wn from any " technical data " or any such other Price asis, any adjustment in Contract Price tatrans�pnris et~rt� ferrr�atiort w ' be subject to the provisions of Paragraphs HM d 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 D 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 --hf Owner-and- C-otttraetor-are-etnable-to agreo- 1 required in the Contract Documents to reflect and entitlement to or on the amount or extent, ifj;a , of document the consequences of the existence or any adjustment in the Contract Price of/C;ontract location of the Underground Facility . During such Times, or both , a Claim may be ma e' therefor as time, Contractor shall be responsible for the safety provided in Paragraph 10 . 05 . Ho>' ver, Owner and and protection of such Underground Facility . Engineer, and any of their RO ffed Entities shall not be liable to Contractor �/any claims , costs , losses, 2 . If Engineer concludes that a change in the or damages (includin but not limited to all fees and Contract Documents is required , a Work Change charges of engin s, architects, attorneys, and other Directive or a Change Order will be issued to reflect professional And all court or arbitration or other and document such consequences . An equitable dispute olution costs) sustained by Contractor on adjustment shall be made in the Contract Price or or i onnection with any other project or anticipated Contract Times , or both , to the extent that they are P o}�ct. attributable to the existence or location of any Underground Facility that was not shown or indicated 4 . 04 Underground Facilities or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did A . Shown or Indicated: The information and data shown not know of and could not reasonably have been or indicated in the Contract Documents with respect to expected to be aware of or to have anticipated . If existing Underground Facilities at or contiguous to the Owner and Contractor are unable to agree on Site is based on information and data furnished to Owner entitlement to or on the amount or extent, if any , of or Engineer by the owners of such Underground Facili - any such adjustment in Contract Price or Contract ties, including Owner, or by others . Unless it is otherwise Times , Owner or Contractor may make a Claim expressly provided in the Supplementary Conditions : therefor as provided in Paragraph 10 . 05 . 1 . Owner and Engineer shall not be responsible for 4 . 05 Reference Points the accuracy or completeness of any such information or data; and A . Owner shall provide engineering surveys to establish reference points for construction which in Engineer' s 2 . the cost of all of the following will be included judgment are necessary to enable Contractor to proceed in the Contract Price, and Contractor shall have full with the Work . Contractor shall be responsible for laying responsibility for : out the Work , shall protect and preserve the established reference points and property monuments , and shall make a . reviewing and checking all such information no changes or relocations without the prior written and data , approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is b . locating all Underground Facilities shown or lost or destroyed or requires relocation because of indicated in the Contract Documents, necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of c . coordination of the Work with the owners of such reference points or property monuments by such Underground Facilities , including Owner, professionally qualified personnel . during construction , and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved . 00700 - 13 4 . 06 Hazardous Environmental Condition at Site ( i ) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work ; or A . Reports and Drawings: Reference is made to the ( 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 . Awhorized: 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 C—T-e-tlie-fu•l•lest extent permitted-by-Daws-arteb 2 . other data, interpretations, opinions and Regulations, Owner shall indemnify and ho d'harnless information contained in such reports or shown or Contractor, Subcontractors, and Enginee and the indicated in such drawings ; or officers, directors, partners, employee agents, consultants , and subcontractors of e��employee/ and any of them 3 . any Contractor interpretation of or conclusion from and against all claims , costs osses, and damages drawn from any "technical data" or any such other (including but not limited to a ees and charges of data, interpretations, opinions or information . engineers, architects , attorn S . and other professionals and all court or arbitratio or other dispute resolution C . Contractor shall not be responsible for any Hazardous costs) arising out of or elating to a Hazardous Environmental Condition uncovered or revealed at the Environmental Con ion , provided that such Hazardous Site which was not shown or indicated in Drawings or Environmental C fidition : ( i ) was not shown or indicated Specifications or identified in the Contract Documents to in the Drawing Specifications or identified in the be within the scope of the Work . Contractor shall be Contract Do invents to be included within the scope of responsible for a Hazardous Environmental Condition the Work�e� d ( 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 'ragraph 4 . 06G shall obligate Owner to indemnify whom Contractor is responsible . an individual or entity from and against the conse- 10}ite>}6es-ef that individkta•1-s-or-errtity+= s-owfn-rregl•rgenee . 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 Own.er-4giptdy @e "U- wit•h arbitration or other dispute resolution costs) arising out of -the-neeessity-€or Owner to-retain-amduali-fled-expe,rt t® or relating to a Hazardous Environmental Condition � �alate-s -eelitierrer trticreated by Contractor or by anyone for whom Contractor is responsible . Nothing in this Paragraph 4 . 06 . H shall E . Contractor shall not be required to resume Work in obligate Contractor to indemnify any individual or entity connection with such condition or in any affected area from and against the consequences of that individual ' s or until after Owner has obtained any required permits entity ' s own negligence . related thereto and delivered to Contractor written notice : EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 14 I . The provisions of Paragraphs 4 . 02 , 4 . 03 , and 4 . 04 do of insurance requested by Owner or any other additional not apply to a Hazardous Environmental Condition insured) which Contractor is required to purchase and uncovered or revealed at the Site . maintain . •8-Owner-s13a•I.1-de-1•i-vor-to-Go>}t�actor;w•i•tl�-copies-to-eacq ARTICLE 5 - BONDS AND INSURANCE additional insured identified in the SupplerpetiCondi - tions , certificates of insurance and-otiiE`revidence of insurance requested ontractor or any other additional 5 . 01 Performance, Payment, and Other Bonds insured )_,which Owner is required to purchase and .�-1�1�w•�i•t•A•in . .4—Go>a�acic�r-shad•1-fta�aasla-petfor�aaaaaGs-aa�-pa�wa e� bonds , each in an amount at least equal to the ontract 5 . 04 Contractor 's Liability Insurance Price as security for the faithful perforill3pe and payment of all of Contractor ' s obligations un et the Contract A . Contractor shall purchase and maintain such liability Documents . These bonds shallllei am in effect until one and other insurance as is appropriate for the Work being year after the date when f r payment becomes due or performed and as will provide protection from claims set until completion of t correction period specified in forth below which may arise out of or result from Paragraph 13 . 0 hichever is later, except as provided Contractor' s performance of the Work and Contractor ' s otherwise bWaws or Regulations or by the Contract other obligations under the Contract Documents , whether Doc encs . Contractor shall also furnish such other it is to be performed by Contractor, any Subcontractor or ,binds-as-ar-e required-b}Lthe-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 . 01 . 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-9eror 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 . R ' 4:he d"Fa . 5 . 03 Certificates of Insurance 5 . 04 shall : A . Contractor shall deliver to Owner, with copies to each l . with respect Trance required by Paragraphs additional insured identified in the Supplementary 5 . 04 . A . ough 5 . 04 . A . 6 inclusive , include as Conditions, certificates of insurance (and other evidence EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 15 jinn o..a : .. b r F • � � , -;�am�i 5 . 06 Property Insurance Engineer, and any other individuals or entiti s identified in the Supplementary Conditions, all of A . Jr4rdedirrt}tevttplertaetata whom shall be listed as additional insureds, nd Conditions, Owner shall purchase and maintain p perty include coverage for the respective officers , dire ors , insurance upon the Work at the Site in the amou of the partners , employees , agents , consultants and full replacement cost thereof ( subject to such de uctible subcontractors of each and any of all such ad ' itional amounts as may be provided in the Supplemen ry insureds , and the insurance afforded to the, e addi - Conditions or required by Laws and Regulatio s) . This tional insureds shall provide primary covera ,e for all insurance shall : claims covered thereby ; 1 . include the interests of Owne , Contractor, 2 . include at least the specific cover aes and be Subcontractors, and Engineer, at d any other written for not less than the limits of Iia ility provid - individuals or entities identified in th Supplementary ed in the Supplementary Conditions required by Conditions , and the officers , di ctors, partners, Laws or Regulations, whichever is gre ter; employees, agents, consultants and subcontractors of each and any of them , each of om is deemed to 3 . include completed operations in urance ; have an insurable interest and s all be listed as an insured or additional insured ; 4 . include contractual liability nsurance covering Contractor' s indemnity obligatio s under Paragraphs 2 . be written on a Builder' s isk "all - risk" or open 6 . 11 and 6 . 20 ; peril or special causes of loss olicy form that shall at least include insurance for p sical loss or damage to 5 . contain a provision or endorsement that the the Work, temporary buil ings , false work, and coverage afforded will not e canceled, materially materials and equipment i transit, and shall insure changed or renewal refuse until at least 30 days against at least the followi g perils or causes of loss : prior written notice has en given to Owner and fire , lightning, extended overage, theft, vandalism Contractor and to each other additional insured and malicious mischief, arthquake, collapse, debris identified in the Supple entary Conditions to whom removal , demolition o asioned by enforcement of a certificate of insuran , e has been issued (and the Laws and Regulation water damage, (other than certificates of insuran furnished by the Contractor caused by flood) and Lich other perils or causes of pursuant to Paragraph x . 03 will so provide) ; loss as may be pecifically required by the 6 . remain in effec, at least until final payment and Supplementary Con tions ; at all times ther fter when Contractor may be 3 . include expe ses incurred in the repair or correcting, removg, or replacing defective Work in replacement of a y insured property ( including but accordance with aragraph 13 . 07 ; and not limited to es and charges of engineers and architects) ; 7 . with respe to completed operations insurance , and any insur ce coverage written on a claims-made 4 . cover ma rials and equipment stored at the Site basis , remain n effect for at least two years after final or at another ocation that was agreed to in writing by payment. Owner prio to being incorporated in the Work , provided t at such materials and equipment have a . Co tractor shall furnish Owner and each other been incl aded in an Application for Payment addit ' nal insured identified in the Supple- recomme ded by Engineer; men ary Conditions , to whom a certificate of ins rance has been issued , evidence satisfactory 5 . all for partial utilization of the Work by to Owner and any such additional insured of O ner ; c ntinuation of such insurance at final payment nd one yetrr�}ze�e�fter. 6 . i clude 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 td'b®-N� Oj�ner, Contractor, and Engineer with 30 days Contractor under Paragraph 5 . 04, Owner, a r s ntten notice to each other additional insured to option , may purchase and mai wner ' s expense I in a certificate of insurance has been issued . Owner ' s own liab • ' urance as will protect Owner again s which may arise from operations under the /B . wner shall purchase and maintain such boiler and nery insurance or additional property insurance as e required by the Supplementary Conditions or 'Q awsand Regulations which will include the interests of Owrl2r—,�ox> r ^ tad-1wg+»eerwd= EJCDC C-700 Standard General Conditions of the Construction Contract, Copyright D 2002 National Society of Professional Engineers for EJCDC. All rights reserved . 00700 - 16 in=addition,-wai-ve=all-such-r-ights-against-Subcontractor ' , Supplementary Conditions, and the officers, rectors , and Engineer, and all other individuals or entities partners , employees , agents, consultants and identified in the Supplementary Conditions to be lis d as subcontractors of each and any of them , ea of whom is insured or additional insured (and the officers, dire , tors , deemed to have an insurable interest and fall be listed as partners , employees , agents , consultants and an insured or additional insured . subcontractors of each and any of them ) under ch policies for losses and damages so caused . Nojjfe of the C . All the policies of insurance ( and t e certificates or above waivers shall extend to the rights that fiy party other evidence thereof) required to purchased and making such waiver may have to the procee s of maintained in accordance with Par graph 5 . 06 will insurance held by Owner as trustee or/tractor, wise payable contain a provision or endorseme t that the coverage under any policy So issued . afforded will not be canceled or aterially changed or- renewal r renewal refused until at least 3 days prior written notice B . Owner waives all rights against Co has been given to Owner and ontractor and to each other Subcontractors , and Engineer, and t}le officers, directors , additional insured to whom certificate of insurance has partners, employees , agents, consultants and been issued and will conta ' waiver provisions in actor- subcontractors of each and any o them for: dance with Paragraph 5 . 0 . 1 . loss due to business / nterruption , loss of use, or D . Owner shall not be sponsible for purchasing and other consequential to s extending beyond direct maintaining any prop -ty insurance specified in this physical loss or damaekto Owner' s property or the Paragraph 5 . 06 to pr tett the interests of Contractor, Work caused by, ari §Itng out of, or resulting from fire Subcontractors, or r, thers in the Work to the extent of any or other perils whetlfer or not insured by Owner; and deductible amount/ss that are identified in the Supple- mentary Conditipns . The risk of loss within such 2 . loss or dam ge to the completed Project or part identified dedu tible amount will be borne by Contractor, thereof caused y, arising out of, or resulting from Subcontracto , or others suffering any Such loss, and if fire or other i sured peril or cause of loss covered by any of them ishes property insurance coverage within any prope insurance maintained on the completed the limits such amounts, each may purchase and Project or part thereof by Owner during partial maintain at the purchaser' s own expense . utilizatio pursuant to Paragraph 14 . 05 , after Substa Pial Completion pursuant to Paragraph 14 . 04 , E . If C ntractor requests in writing that other special or aft final payment pursuant to Paragraph 14 . 07 . insur ,dice be included in the property insurance policies pro ' ed under Paragraph 5 . 06 , Owner shall , if possible, C . Any insurance policy maintained by Owner covering in ude such insurance, and the cost thereof will be any to s, damage or consequential loss referred to in c arged to Contractor by appropriate Change Order. Prior Para raph 5 . 07 .13 shall contain provisions to the effect commencement of the Work at the Site , Owner shall in /and in the event of payment of any such loss , damage , or !Writing advise Contractor whether or not such other equential loss, the insurers will have no rights of `— �d�l�as_b�eor �r: very against Contractor, Subcontractors, or Engineer, he officers, directors, partners, employees , agents , 5 . 07 Waiver of Rights n : _e Owiie_ and GeiitFaefef idrat alF5 . 08 Receipt and Application oflnsurance Proceeds purchased in accordance with Paragraph 5 . 0 , will protect Owner, Contractor, Subcontractors, and gineer, and all A,_A:ny=insured=loss=under=the-policies-ofinsurala other individuals or entities identified i the Supple- required by Paragraph 5 . 06 will be adjusted wi eowner mentary Conditions to be listed as in reds or additional and made payable to Owner as fiduciary for the insureds, insureds (and the officers , directo , partners, employees, /fiduciary eir interests may appear, subject to t 7 requirements agents , consultants and subcont ctors of each and any of y applicable mortgage clause an f Paragraph them) in such policies and w ' provide primary coverage . B . Owner shall deposit in a se . rate account any for all losses and damages aused by the perils or causes ey so received and shall dis ute it in accordance of loss covered thereby . 11 such policies shall contain such agreement as the p ies in interest may reach . provisions to the effeG that in the event of payment of other special agree it is reached , the damaged any loss or damag e insurers will have no rights of shall be repaired r replaced , the moneys so recovery against ny of the insureds or additional insureds ved applied on count thereof, and the Work and the thereunder. O ner and Contractor waive all rights against thereof cove d by an appropriate Change Order. each other d their respective officers , directors, partners„ mployees , agents, consultants and wner fiduciary shall have power to adjust and subco, ractors of each and any of them for all losses and a loss with the insurers unless one of the parties da�ages caused by , arising out of or resulting from any of rest shall object in writing within 15 days after the p' perils or causes of loss covered by such policies and rrence of loss to Owner ' s exercise of this power. If - - - ; - 4; cbjcction=be made;=0w-ner-av=f duciar=y=shall=make EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC . All rights reserved. 00700 - 17 seta•t�nar nt v�itli-thy-isurs-in accose� ance-vwtla-silt sequences, and procedures of construction . Contractor agreement as the parties in interest may rhe chaff no such shall not be responsible for the negligence of Owner or agreement among the parties in inter semis reached , Owner Engineer in the design or specification of a specific as fiduciary shall adjunct settle the loss with the means, method , technique, sequence, or procedure of insurers and , i �regti`ired in writing by any party in construction which is shown or indicated in and expressly interestfO ner as fiduciary shall give bond for the proper required by the Contract Documents . �S��a+3ce-cif-stas#�-c•�•ta•es . ••B�A-t-all-times-du ring-the_prGgress-cf-thei Work.- 5 . 09 Acceptance of Bonds and Insurance; Option to Contractor shall assign a competent resid�t s Rperin - eplace tendent who shall not be replace�it out written notice to Owner and Engineer except>under extraordinary y4: faith®r-Owner-oi=G©ntraetor has-ar�y-objection-to-ti circumstances . The supentendent will be Contractor ' s coverage afforded by or other provisions of the bon representative at thfo§�ite and shall have authority to act on insurance required to be purchased and maintained�by the behalf of 0 ctor. All communications given to or other party in accordance with Article 5 on the 9 sls of re�vr from the superintendent shall be binding on non - conformance with the Contract Docume 115 the � Gontractori objecting party shall so notify the other pa �win writing within 10 days after receipt of the cRthe elates or other 6 . 02 Labor; Working Hours evidence requested) required by Paph 2 . 0I I . B . Owner and Contractor shall each provide jother 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 reqpe*s� t . If either party does not construction as required by the Contract Documents . purchase or maintain all o the bonds and insurance Contractor shall at all times maintain good discipline and required of such party b the Contract Documents, such order at the Site . party shall notify the Ober party in writing of such failure to purchase priorYthe 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 p 4ty may elect to obtain equivalent bonds or Contract Documents, all Work at the Site shall be insuran erto protect such other party's interests at the performed during regular working hours. Contractor will expe e of the party who was required to provide such not permit the performance of Work on a Saturday , co rage, and a Change Order shall be issued to adjust the Sunday , or any legal holiday without Owner ' s written bontr-aet Priee-accordingly- consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 5 . 10 Partial Utilization, Acknowledgment of Property Insurer 6 . 03 Services, Materials, and Equipment A . If Owner finds it necessary to occupy or use a portion A . Unless otherwise specified in the Contract Documents , or portions of the Work prior to Substantial Completion Contractor shall provide and assume full responsibility for of all the Work as provided in Paragraph 14 . 05 , no such all services, materials, equipment, labor, transportation , use or occupancy shall commence before the insurers construction equipment and machinery, tools, appliances, providing the property insurance pursuant to Paragraph fuel , power, light , heat, telephone, water, sanitary 5 . 06 have acknowledged notice thereof and in writing facilities , temporary facilities, and all other facilities and effected any changes in coverage necessitated thereby . incidentals necessary for the performance, testing, The insurers providing the property insurance shall start-up , and completion of the Work . consent by endorsement on the policy or policies , but the property insurance shall not be canceled or permitted to B . All materials and equipment incorporated into the lapse on account of any such partial use or occupancy . Work shall be as specified or, if not specified , shall be of good quality and new, except as otherwise provided in the Contract Documents . All special warranties and guaran - • ARTICLE 6 - CONTRACTOR ' S RESPONSIBILITIES tees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of 6 . 01 Supervision and Superintendence required tests) as to the source, kind , and quality of materials and equipment. A . Contractor shall supervise, inspect, and direct the Work competently and efficiently , devoting such attention C . All materials and equipment shall be stored , applied , thereto and applying such skills and expertise as may be installed , connected , erected , protected , used , cleaned , and necessary to 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 . I ) 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 rection 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--GontraGtor-shall-not ena•pley-any-•Sitbsontra r; substitute item from that specified , and Supplier, or other individual or entity�kiUing those acceptable to Owner as indicate itr aragraph 6 . 06 . 13) , b) available engineering, sales, whether initially or as a r pf�ement, against whom maintenance , repair, and replacement Owner may have onable objection . Contractor shall services ; not be require to employ any Subcontractor, Supplier, or othirt"dividual or entity to furnish or perform any of the 4) and shall contain an itemized estimate of all 4�otk-aga•instwliorn-Gorrt�astor-4�as-rc�asonabl� ohj@etierr. costs or credits that will result directly or indi - rectly from use of such substitute item , including B—litheupplerx�gntary Conditions F�quire the identi costs of redesign and claims of other contractors of certain Subcontractors , Suppliers , or other indivi ¢6als affected by any resulting change, or entities to be submitted to Owner in advance acceptance by Owner by a specified date prior t6 the B . Substitute Construction Methods or Procedures : If a Effective Date of the Agreement, and i /e ((either tactor has specific means , method , technique, sequence , or submitted a list thereof in accordance we Supple- procedure of construction is expressly required by the mentary Conditions, Owner ' s accepta in Contract Documents, Contractor may furnish or utilize a writing or by failing to make writte bjection thereto by substitute means , method , technique, sequence , or the date indicated for acceptance objection in the procedure of construction approved by Engineer . Bidding Documents or the Con act Documents) of any Contractor shall submit sufficient information to allow such Subcontractor, Supplieor other individual or entity Engineer, in Engineer ' s sole discretion , to determine that so identified may be revo ed on the basis of reasonable the substitute proposed is equivalent to that expressly objection after due my tigation . Contractor shall submit called for by the Contract Documents . The requirements an acceptable repla0ent 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 a other by the difference in the cost occasioned, �uch replacement, and an appropriate C . Engineer 's Evaluation: Engineer will be allowed a Change Oder will be issued . No acceptance by Owner of reasonable time within which to evaluate each proposal or any su h Subcontractor, Supplier, or other individual or submittal made pursuant to Paragraphs 6 . 05 . A and 6 . 05 . 13 . entit , whether initially or as a replacement, shall consti - Engineer may require Contractor to furnish additional tuta waiver of any right of Owner or Engineer to reject data about the proposed substitute item . Engineer will be ,lfefeetk#e-W rk . the sole judge of acceptability . No "or equal " or substitute will be ordered , installed or utilized until Engineer ' s C . Contractor shall be fully responsible to Owner and review is complete , which will be evidenced by either a. Engineer for all acts and omissions of the Subcontractors, Change Order for a substitute or an approved Shop Suppliers , and other individuals or entities performing or Drawing for an "or equal . " Engineer will advise furnishing any of the Work just as Contractor is Contractor in writing of any negative determination . responsible for Contractor ' s own acts and omissions . Nothing in the Contract Documents : D . Special Guarantee: Owner may require Contractor to furnish at Contractor ' s expense a special performance 1 . shall create for the benefit of any such guarantee or other surety with respect to any substitute . Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or E . Engineer 's Cost Reimbursement: Engineer will record Engineer and any such Subcontractor, Supplier or Engineer ' s costs in evaluating a substitute proposed or other individual or entity , nor submitted by Contractor pursuant to Paragraphs 6 . 05 . A , 2 and 6 . 05 . 13 Whether or not Engineer approves a substitute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright (D 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 -L)n•less other-wigs pra�ided-in-the�Supplementa Suppliers or delineating the Work to be performed by any Conditions, Contractor shall obtain and pay I specific trade . construction permits and licenses . Owl all assist Contractor, when necessary, in obta; ing such permits G . All Work performed for Contractor by a Subcontractor and licenses. Contractor shag l pgy all governmental or Supplier will be pursuant to an appropriate agreement charges and inspection eg necessary for the prosecution between Contractor and the Subcontractor or Supplier of the Work which 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 Agree�t . Owner shall pay all charges of utility Documents for the benefit of Owner and Engineer. ow ers �for connections for providing permanent service Whenever any such agreement is with a Subcontractor or [> tt1WCosk . 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 maybe made therefor as appliances, construction equipment and machinery , and provided in Paragraph 10 . 05 . surplus materials and shall restore to original condition all property not designated for alteration by the Contract 6 . 10 Taxes Documents . A . Contractor shall pay all sales, consumer, use, and other D . Loading Structures: Contractor shall not load nor similar taxes required to be paid by Contractor in permit any part of any structure to be loaded in any accordance with the Laws and Regulations of the place of manner that will endanger the structure, nor shall the Project which are applicable during the performance Contractor subject any part of the Work or adjacent of the Work . property to stresses or pressures that will endanger it. 6 . 11 Use of Site and Other Areas 6 . 12 Record Documents A . Limitation on Use of Site and Other Areas A . Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications , 1 . Contractor shall confine construction equipment, Addenda, Change Orders, Work Change Directives , Field the storage of materials and equipment, and the Orders , and written interpretations and clarifications in operations of workers to the Site and other areas good order and annotated to show changes made during permitted by Laws and Regulations, and shall not construction . These record documents together with all unreasonably encumber the Site and other areas with approved Samples and a counterpart of all approved Shop construction equipment or other materials or Drawings will be available to Engineer for reference. equipment. Contractor shall assume full Upon completion of the Work, these record documents, responsibility for any damage to any such land or Samples , and Shop Drawings will be delivered to Engi - area, or to the owner or occupant thereof, or of any neer for Owner. adjacent land or areas resulting from the performance of the Work . 6 . 13 Safety and Protection 2 . Should any claim be made by any such owner or A . Contractor shall be solely responsible for initiating, occupant because of the performance of the Work, maintaining and supervising all safety precautions and Contractor shall promptly settle with such other party programs in connection with the Work . Contractor shall by negotiation or otherwise resolve the claim by take all necessary precautions for the safety of, and shall arbitration or other dispute resolution proceeding or provide the necessary protection to prevent damage, at law . injury or loss to : 3 . To the fullest extent permitted by Laws .and I . all persons on the Site or who may be affected by Regulations , Contractor shall indemnify and hold the Work; harmless Owner and Engineer, and the officers, directors, partners , employees, agents , consultants 2 . all the Work and materials and equipment to be and subcontractors of each and any of them from and incorporated therein , whether in storage on or off the against all claims , costs, losses, and damages Site ; and (including but not limited to all fees and charges of engineers, architects, attorneys, and other 3 . other property at the Site or adjacent thereto, professionals and all court or- "a+13-4-a4en 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 0 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 tirne Engineer for review and approval in accordance with as all the Work is completed and Engineer has issued a the acceptable schedule of Shop Drawings and notice to Owner and Contractor in accordance with Sample submittals . Paragraph 14 . 07 . B that the Work is acceptable (except as otherwise expressly provided in connection with a . Submit number of Samples specified in the Substantial Completion ) . Specifications . 6 . 14 Safety Representative b . Clearly identify each Sample as to material , Supplier, pertinent data such as catalog numbers, A . Contractor shall designate a qualified and experienced the use for which intended and other data as safety representative at the Site whose duties and Engineer may require to enable Engineer to responsibilities shall be the prevention of accidents and review the submittal for the limited purposes the maintaining and supervising of safety precautions and required by Paragraph 6 . 17 . D. programs . B . Where a Shop Drawing or Sample is required by the 6 . 15 Hazard Communication Programs Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer' s review and A . Contractor shall be responsible for coordinating any approval of the pertinent submittal will be at the sole exchange of material safety data sheets or other hazard expense and responsibility of Contractor. communication information required to be made available to or exchanged between or among employers at the Site C . Submittal Procedures in accordance with Laws or Regulations. 1 . Before submitting each Shop Drawing or 6 . 16 Emergencies Sample , Contractor shall have determined and veri - fied : A . In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent a . all field measurements, quantities, dimen - thereto, Contractor is obligated to act to prevent sions, specified performance and design criteria, threatened damage, injury , or loss . Contractor shall give installation requirements , materials, catalog Engineer prompt written notice if Contractor believes that numbers , and similar information with respect any significant changes in the Work or variations from the thereto ; Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a b . the suitability of all materials with respect to change in the Contract Documents is required because of intended use , fabrication , shipping, handling, the action taken by Contractor in response to such an storage, assembly , and installation pertaining to emergency, a Work Change Directive or Change Order the performance of the Work; will be issued . c . all information relative to Contractor ' s 6 . 17 Shop Drawings and Samples responsibilities for means, methods, techniques, sequences, and procedures of construction , and A . Contractor shall submit Shop Drawings and Samples safety precautions and programs incident thereto ; to Engineer for review and approval in accordance with and the acceptable Schedule of Submittals ( as required by Paragraph 2 . 07) . Each submittal will be identified as d . shall also have reviewed and coordinated each Engineer may require . Shop Drawing or Sample with other Shop Drawings and Samples and with the EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of professional Engineers for EJCDC. All rights reserved. 00700 - 23 requirements of the Work and the Contract revisions other than the corrections called for by Documents . Engineer on previous submittals . 2 . Each submittal shall bear a stamp or specific 6 . 18 Continuing the Work written certification that Contractor has satisfied Contractor ' s obligations under the Contract A . Contractor shall carry on the Work and adhere to the Documents with respect to Contractor' s review and Progress Schedule during all disputes or disagreements approval of that submittal . with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements , 3 . With each submittal , Contractor shall give except as pennitted 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 Q r'nntrartoc..warrantsand-guar-anteo&-te-Owner-tha -a6F addition , by a specific notation made on each Shop Work will be in accordance with the C tact olTc II'Ls Drawing or Sample submitted to Engineer for review and will not be defective ngiTreer and its Related and approval of each such variation . Entities sh b nItled to rely on representation of . raetor-' s-wat�anty-ftnd-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 I . 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 3 . Engineer ' s review and approval shall not relieve Owner of any progress or final payment ; Contractor from responsibility for any variation from 3 . the issuance of a certificate of Substantial the requirements of the Contract Documents unless Completion by Engineer or any payment related Contractor has complied with the requirements of thereto by Owner; Paragraph 6 . 17 . C . 3 and Engineer has given written approval of each such variation by specific written 4 . use or occupancy of the Work or any part thereof notation thereof incorporated in or accompanying the by Owner; Shop Drawing or Sample . Engineer' s review and approval shall not relieve Contractor from 5 . any review and approval of a Shop Drawing or responsibility for complying with the requirements of Sample submittal or the issuance of a notice of Paragraph 6 . 17 . C . 1 . acceptability by Engineer; E . Resubmittal Procedures 6 . any inspection , test, or approval by others ; or 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 D 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 24 6 . 20 Inden7nification Contractor shall not be required to provide professional A . To the fullest extent permitted by Laws and Regula- services in violation of applicable law. 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 al I 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 . I . individual or entity under workers ' compensation acts, disability benefit acts, or other employee benefit acts . E . Gcaa�tractarll-test b�.responsible-for_tGi� ad�gtasy of the performancee o�ign_cr-iterra-require Ty the C . The indemnification obligations of Contractor under ._Cwollv-r#7Soeuments . 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-FOwner••may-perform>other—woxk—related-to-the--P-roje - Specifications ; or at the Site with Owner ' s employees, or via other dire contracts therefor, or have other work performe y 2 . giving directions or instructions, or failing to utility owners . If such other work is not note n the Con - give them , if that is the primary cause of the injury or tract Documents , then : damage . 1 . written notice thereof wil be given to Contractor 6 . 21 Delegation of Professional Design Services prior to starting any such ger work ; and A . Contractor will not be required to provide professional 2 . if Owner and ontractor are unable to agree on design services unless such services are specifically entitlement to r on the amount or extent, if any , of required by the Contract Documents for a portion of the any adjus - en in the Contract Price or Contract Work or unless such services are required to carry out Times t at should be allowed as a result of such other Contractor ' s responsibilities for construction means , k, a Claim may be made therefor as provided in wo methods , techniques, sequences and procedures . Z9+40_4_46_- EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright (D 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 . �--lay-o�se-of=tetax�+taaki�ta-oche-®t�plo�naent o�{�tar, C . If the proper execution or results of any part of Owner shall appoint an engineer t whotrreun7ractor Contractor' s Work depends upon work performed by makes no rea fable o ectton , whose status under the others under this Article 7 , Contractor shall inspect such GICM .r-acGt-D menu-shall-be-tha>-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 ftimish 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-Gentraetor--when-they 7 . 02 Coordination are-due-as-provided-in-Raragraphs- i•4. 02-Cand-1.4:07: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 3 . the extent of such authority and responsibilities Documents . will be provided . B . Unless otherwise provided in the Supplementary 8 . 06 Insurance Conditions, Owner shall have sole authority and respon - A� -Owner's-responsibil,itiesT i•f--any;_ i_n-respec�to-pur- sibility for such coordination . chasing and d maiutamrng-liabilify and property insurance 7 . 03 Legal Relationships ari"-set-forth-in Article 5 . A . Paragraphs 7 . 01 .A and 7 . 02 are not applicable for 8 . 07 Change Orders utilities not under the control of Owner. A . Owner is obligated to execute Change Orders as B . Each other direct contract of Owner under Paragraph indicated in Paragraph 10 . 03 . 7 . 0I .A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 26 8 . 08 Inspections, Tests, and Approvals check the quality or quantity of the Work . Engineer ' s efforts will be directed toward providing for Owner a A . Owner ' s responsibility in respect to certain inspec. greater degree of confidence that the completed Work will tions , tests , and approvals is set forth in Paragraph conform generally to the Contract Documents . On the 13 . 03 . B . basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will 8 . 09 Limitations on Owner 's Responsibilities endeavor to guard Owner against defective Work . A . The Owner shall not Supervise , direct, or have control B . Engineer ' s visits and observations are subject to all or authority over, nor be responsible for, Contractor ' s the limitations on Engineer ' s authority and responsibility means, methods , techniques , sequences, or procedures of set forth in Paragraph 9 . 09 . Particularly, but without construction , or the safety precautions and programs limitation , during or as a result of Engineer's visits or incident thereto, or for any failure of Contractor to comply with Laws and Re ulations a licable to the observations of Contractors Work Engineer will not g pp 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 A . Owner ' s responsibility in respect to an undisclosed 9 . 03 Project Representative 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:IFand-to-the-extent Owner-has-ag-reedctoefitm ' I Supplementary Conditions , and limitations on the Contractor reasonable evidence that Dwane a _ responsibilities thereof will be as provided in Paragraph arrangements have been�to d�tis Owner ' s fY 9 . 09 . if Owner designates another representative or agent obligations and theontract Documents, Owner ' s to represent Owner at the Site who is not Engineer ' s rees,�onsibTli yI` 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 ARTICLE 9 - ENGINEER ' S STATUS DURING Conditions . 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 .;Jf-0wl �er-�c��try� s thaw-Field-Order_justi.fes-an_adj.ustment i.n-the Contract 9 . 02 Visits to Site • Price-or Contraet Times;or-both;and-the-parties-are unable-to-agree-on-entitlement to-or on-the-amount�er A . g ��=w`il4-mare-visits-to tT� 4 �rter ls— extent;-if-any eef� any-such-adjustment;a-Glaim-may-be appropriate-to-the-various••stages-of con struetion-as made therefor-as-provided-in-Paragraph-1-0 05 . E-ngi neer-deems-neeessary-in-order-to-obser-ve-as-an &*p@r-i d-and-quala.fed-desi.g>a_prafe&sional-the 9 . 05 Rejecting Defective Work progress�that has-been-made-and-the-quality-of-the-various aspeets.of_Gontractor=s.exeeuted_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 . Engineeris-wr-itten-decision-elt �uil�- the issue-referred require special inspection or testing of the Work as be final andY binding-oriQwner-an-d-o ctor, subject to provided in Paragraph 13 . 04, whether or not the Work is fabricated , installed , or completed . rovtsronsrofParagraph-10:05 . 9 . 06 Shop Drawings, Change Orders and Payments D . When"futa6tior.ring-as interpreter.a.rad j.Hidge.-under44is Y Paragraph 9 . 08 , Engineer will not s�ho�' partrality to Owner or Contractor an wjl of be liable in connection A . In connection with Engineer ' s authority, and with any ipte . ation or decision rendered in good faith limitations thereof, as to Shop Drawings and Samples, seen L`ie -ca.pa&ity. Paragraph 6 . 17 . 9 . 09 Limitations on Engineer 's Aatthority 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 C . In connection with Engineer ' s authority as to ChanDocuments nor any decision made by Engineer in good ge faith either to exercise or not exercise such authority or Orders , see Articles 10 , 11 , and 12 . responsibility or the undertaking, exercise, or D . In connection with Engineer ' s authorit to performance of any authority or responsibility by Y as 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 Work individual or entity , or to any surety for or employee or A . Engineer will determine the actual quantities and agent of any of them . 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 A . Engineer will be the initial interpreter of the any of the Work . requirements of the Contract Documents and judge of the D . Engineer ' s review of the final Application for Payment acceptability of the Work thereunder. and accompanying documentation and all maintenance ..question-and-other_ma.tters-betaveen-owner. and.-Contractor and operating instructions, schedules, guarantees, bonds, ar.isi.n.g_priorto-the-date_fina.l-pay-inen4 i-s-due-rG1ati•ng to certificates of inspection , tests and approvals, and other the-aeeeptabil•ity-of the-Work-and-the-interpretation-of_the documentation required to be delivered by Paragraph requirements-af-the-C-entr-act Documents-pertaining-to-tl e 14 . 07 .A will only be to determine generally that their per-for-mance-of-the "Work;will-be-re- fer-red-initially-to content complies with the requirements of, and in the case Engineer-in-writing-within 30-days-ef the-event giving-rise of certificates of inspections, tests , and approvals that the •te4he•questie+l 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 0 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 De�ision 'egudxedlll r laims except B . If Owner and Contractor are unable to agree on those waived pursuant to Paragraph 14 . 0 hall"be entitlement to, or on the amount or extent, if any , of an referred to the Engineer for decis��i na°-A decision by adjustment in the Contract Price or Contract Times, or Engineer shall be require as�rcondition precedent to any both , that should be allowed as a result of a Work Change exercise by Ower-or ontractor of any rights or remedies Directive, a Claim may be made therefor as provided in either may$Iherwise have under the Contract Documents Paragraph 10 . 05 . .o>ub_y awsand..Regulations in respect ofsuch_Claims. 10 . 02 Unauthorized Changes in the Work $ , � f each Claim shall be delivered by the claimant to E neer A . Contractor shall not be entitled to an increase in the; and the other party to the Contract promptly (bu n no Contract Price or an extension of the Contract Times with event later than 30 days) after the start of the ent giving respect to any work performed that is not required by the rise thereto . The responsibility to substanti e a Claim Contract Documents as amended, modified, or shall rest with the party making the Clai Notice of the supplemented as provided in Paragraph 3 . 04 , except in the amount or extent of the Claim , with s porting data shall case of an emergency as provided in Paragraph 6 . 16 or in be delivered to the Engineer and th other party to the the case of uncovering Work as provided in Paragraph Contract within 60 days after the art of such event 13 . 04 . 13 . (unless Engineer allows additii mal time for claimant to submit additional or more a 6urate data in support of such 10 . 03 Execution of Change Orders Claim) . A Claim for an astment in Contract Price shall be prepared in accorda . with the provisions of A . Owner and Contractor shall execute appropriate Paragraph 12 . 01 . 8 laim for an adjustment in Contract Change Orders recommended by Engineer covering : Time shall be pre,pp red in accordance with the provisions of Paragraph 12sb2 .B . Each Claim shall be accompanied 1 . changes in the Work which are : ( i ) ordered by by claimantl'ritten 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 believe sit is entitled as a result of said event . The Paragraph 13 . 08 . A or Owner ' s correction of oppo ing party shall submit any response to Engineer and defective Work under Paragraph 13 . 09 , or ( iii) agreed th claimant within 30 days after receipt of the claimant ' s to by the parties ; l -subm•i•ttal-Fun•4®ss Fnginee allow s-additional-time. 2 . changes in the Contract Price or Contract Times Crrgcrree�^=s54et�ewgi>3ee�-�y� lj �� � which are agreed to by the parties, including any and , within 30 days after receipt of the last submitt 1 of undisputed sum or amount of time for Work actually the claimant or the last submittal of the opposi �rty , if performed in accordance with a Work Change any, take one of the following actions in w r ing : Directive ; and l . deny the Claim in whole n part, 3-`—�elrarrges�-i�-tdae�e�•tt• =is®-e�C_e��ast-�Fiaaa�- which embody the substance of any written e ion 2 . approve the Clai r rendered by Engineer pursuant to Pa e00 10 . 05 ; provided that, in lieu of executin ny such Change 3 . notify the mrties that the Engineer is unable to Order, an appeal may bet from any such deci - resXthem if, in the Engineer ' s sole discretion , sion in accordance ith the provisions of the it ppropriate for the Engineer to do so . Contract Doct nts and applicable Laws and Fof further resolution of the Claim , such Regulation� , Lit during any such appeal , Contractor +�ti(h�' n sha Carry on the Work and adhere to the Progress - �hgctute'asprovided-tn-Paragraplr6-1-8:/�: 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—fn-the-event-that=Fngi neer-does-not t-ak-e-aetion-ons cash discounts shall accrue to Contractor unless Claim within said 30 days, the Claim shall be ripemed 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 un er Paragraph 10 . 05 . 0 or and refunds and returns from sale of surplus materials denial pursuant to Paragra is 10 . 05 . C . 3 or 10 . 05 . D will and equipment shall accrue to Owner, and Contractor be final and bindln upon Owner and Contractor, unless shall make provisions so that they may be obtained . Owner ooron ractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such 3 . Payments made by Contractor to Subcontractors �etrol�-°r-del�tal ' 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 1 1 - 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 detennined 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 . 01 . 131 , necessarily incurred and paid by Contractor in surveyors , attorneys, and accountants) employed for the proper performance of the Work . When the value of services specifically related to the Work. any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the 5 . Supplemental costs including the following : basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental a . The proportion of necessary transportation , costs required because of the change in the Work or travel , and subsistence expenses of Contractor ' s because of the event giving rise to the Claim . Except as employees incurred in discharge of duties otherwise may be agreed to in writing by Owner, such connected with the Work. costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the b . Cost , including transportation and mainte- following items, and shall not include any of the costs nance, of all materials, supplies, equipment, itemized in Paragraph i 1 . 0I . B . 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 the Work . Sunday , or legal holidays , shall be included in the above to the extent authorized by Owner. d . Sales , consumer, use , and other similar taxes related to the Work, and for which Contractor is 2 . Cost of all materials and equipment furnished liable , imposed by Laws and Regulations . and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers ' e . Deposits lost for causes other than negligence field services required in connection therewith . All of Contractor, any Subcontractor, or anyone EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 30 directly or indirectly employed by any of them or I 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 1 1 . 01 . A 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 . h . Minor expenses such as telegrams, ]'long D . Documentation: Whenever the Cost of the Work for distance telephone calls, telephone service at. the any purpose is to be determined pursuant to Paragraphs Site, expresses, and similar petty cash items in 11 . 01 .A and 11 . 01 .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 . B . Costs Excluded: The term Cost of the Work shall not 11 . 02 Allowances include any of the following items : A-1t is-understood-that Gontractor has-ineltided iintheo Contract Price all allowances so na��" d-in1ne Contract l — P_ayroll �costs _ and.�other compensation_-o£ Documents and shah c use-th Work so covered to be Contractor ' s officers, executives, principals *,Jf performr-si:Zfi sums and by such persons or entities partnerships and sole proprietorships) , eneralacceptable-to-Owner-and-Engineer. managers, safety managers, engineers elarchitects , estimators, attorneys, auditors, accountants, B-Cash-�411o�ua+��esj purchasing and contracting ag nts, expediters , timekeepers , clerks, and other p�onnel employed by 1 . Contracto agrees that : Contractor, whether at tl e"Site or in Contractor ' s principal or branch of .r e for general administration a. the cash allowances include the cost to of the Work and 'riot specifically included in the Cont ctor ( less any applicable trade discounts) agreed upon s Kedule of job classifications referred of aterials and equipment required by the to in ParagrVph 11 . 01 . A . I or specifically covered by all ances to be delivered at the Site, and all ParagVrp.h 1 1 . 0l .A . 4 , all of which are to be la licable taxes ; and considered administrative costs covered by the ;t � • C-ontr-aotor's-costs-for-unloading-and-handl�•i. • g on the Site, labor, installation , over eadrprofit, 2 . Expenses of Contractor ' s principal and branch and other expenses contem atld for the cash offices other than Contractor ' s office at the Site . allowances have beeeyi� ' luded in the Contract Price and no n'f e allowances , and no demand for d•i ' otalpayment on account of any of the t regoingwifl-be-valid . C--erintingen A-Howanee- 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 ; terse - CHANGE OF CONTRACT TIMES if any, is forte wner to cover D . Prior to final payment, an appropriate Change Order 12 ' 01 Change of Contract Price will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work Order. Any Claim for an adjustment in the rice covered by allowances, and the Contract Price shall be shall be based on written notice ed by the party correspondingly adjusted . making the Claim t ngineer and the other party to the Co accordance with the provisions of 1 1 . 03 Unit Price GVork graph-1-0-05 . A . Where the Contract Documents provide that all or part Q . 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 I . 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 B . The estimated quantities of items of Unit Price Work items involved (subject to the provisions of Paragraph 11 . 03 ) ; or are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract 4--where-t}re�rk-tnvveFv�ed-is-rret-coed-y Price . Determinations of the actual quantities and prices conty a ained in the Contracy a t D ntsrr�' b classifications of Unit Price Work performed by mutually agreed lum v ich may include an Contractor will be made by Engineer subject to the allowance eriead and profit not necessarily in provisions of Paragraph 9 . 07 . a*lGa c n c� r� � C . Each unit price will be deemed to include an amount 30 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 11 . 01 ) � B-Owner or Contractor nay lk� a-GLaie plus a Contractor ' s fee for overhead and profit (deter- adjustment in the Contract Price in accordance i mined as provided in Paragraph 12 . 01 . C) . Paragraph 10 . 05 if. �-E-eM tr-acytot 's-I*ee- ."F}je-C-en tr-eater=s-fe�for-ewer•} 1 . the quantity of any item of nit Price Work and profit shall be determined as follows : performed by Contractor di f rs materially and significantly from the estimat quantity of such item I . a mutually acceptable fixed fee ; or indicated in the Agreemen • and 2 . if a fixed fee is not agreed upon , the a fee based 2 . there is no c esponding adjustment with on the following percentages of they rious portions respect any other i in of Work ; and of the Cost of the Work : 3 . Contrac r believes that Contractor is entitled to a . for costs incurred under ragraphs 1 I . OI . A . l an increa in Contract Price as a result of having and 11 . 0I .A .21 the Contr tor ' s fee shall be 15 incurre additional expense or Owner believes that percent; Ow r is entitled to a decrease in Contract Price and t parties are unable to agree as to the amount of any b . for costs incurre under Paragraph 1 1 . 01 . A . 3 , - ueh-inePease-er-&oFease the Contractor ' s f shall be five percent ; c . where one more tiers of subcontracts are on the basis of ost of the Work plus a fee and no fixed fee i /agreed upon , the intent of Paragraph 12 . 01 . C .2 . a is that the Subcontractor who actual performs the Work, at whatever tier, will be p Id a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs rt 41nl e n - - J EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 32 Subeonfireotor-and-Eor�taator-gill-aa6h-be mpaid C-Gf-Contractor-is-delayed-in-t•Iie pe;� m foian�� or-progr fee of five percent of the amount paid to the rter e'xt of the Work by fire, flood , epidemic , abnormal weat� lower tier Subcontractor; / conditions, acts of God , acts or failures to act of tr 1•rty owners not under the control of Owner, or other causes d . no fee shall be payable on the ba • s of costs not the fault of and beyond control of Own and itemized under Paragraphs 1 1 . 01 . 1 1 . 01 . A . 5 , Contractor, then Contractor shall be entii led to an and 11 . 01 . 13 ; equitable adjustment in Contract Til;les , if such adjustment is essential to Contra c,Idr ' s ability to complete e . the amount of credit to be allowed by the Work within the Contract Trfnes . Such an adjustment Contractor to Owner _ _ r any change which shall be Contractor ' s sole d exclusive remedy for the results in a net decrease in cost will be the delays described in this ragraph 12 . 03 . C . /aone the actu 1 net decrease in cost plus a in Con actor ' s fee by an amount equal D . Owner, Engineer and the Related Entities of each of cent such net decrease ; and them shall not d'liable to Contractor for any claims, costs , losses) r damages (including but not limited to all th additions and credits are involved fees and charges of Engineers, architects, attorneys, and one change , the adjustment in other p�fessionals and all court or arbitration or other ' s fee shall be computed on the basis di piste resolution costs) sustained by Contractor on or in change in accordance with Paragraphsa-Ehrough -2Lo-1-C-2 @;inalusiv&. 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 B . Any adjustment of the Contract Times covered by a DEFECTIVE WORK 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 . 12 . 03 Delays A . Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to A . Contractor. All defective Work may be rejected , W13e1Or � ✓ corrected , or accepted as provided in this Article 13 . part of the Work within the Contract Times due toy 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 theco trol of representatives and personnel of Owner, independent Contractor shall include , but not be liOted 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 othef/work as contemplated Work at reasonable times for their observation , by Article 7 , fires , floods, epi 4e/mics, 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 r other contractors or utility so that they may comply therewith as applicable . owners performing,raffier work for Owner as contemplated by Article 7 , ora one for whom Owner is responsible, 13 . 03 Tests and Inspections delays, disrups/ •or interferes with the performance or progress of�•lie Work, then Contractor shall be entitled to A . Contractor shall give Engineer timely notice of an equita . •le adjustment in the Contract Price or the readiness of the Work for all required inspections, tests , Contra - t 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 �cornplete-the-Wor•I�within-the Gontraet-Tim00. 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—hf-it is-fbuttd-thrat-tlae-un �ower�d-World d�€��ta except : Contractor shall pay all claims , costs , losses , a�n damages 1 . for inspections , tests, or approvals covered b ( including but not limited to all fees and ch�i'ges of y eng Paragraphs 13 . 03 . 0 and 13 . 03 . D below ; and all court or arbitration or other diineers, architects , attorneys , and othe�r'professiona ls ' pute resolution costs) arising out of or relating to s ich uncovering, 2 . that costs incurred in connection with tests or exposure, observation , inspection , and testing, and of inspections conducted pursuant to Paragraph 13 . 04 . 13 satisfactory replacem.,pnr reconstruction ( including but shall be paid as provided in said Paragraph 13 . 04 . C ; not limited to all. dts of repair or replacement of work of and others) ; and Owner shall be entitled to an appropriate e Contract Price . If the parties are ble to 3 . as otherwise specifically provided in the Con - agneas is to the amount thereof, Owner may make aaCla m tract Documents . t erlf �fo�as-pr•Puidod-in-Para. ra 1x1.0-0� . g p C . If Laws or Regulations of any public body having D:-l-f;the-uneovered� W-ork-is-not-found-to-be def@cti�, 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 Timt�s, or both, other representative of such public body, Contractor shall directly attributable to such uu cog, exposure, assume full responsibility for arranging and obtaining observation , inspect on,-t sting, replacement, and such inspections, tests, or approvals, pay all costs in reconstruction ,.l•fit1 e parties are unable to agree as to the connection therewith, and furnish Engineer the required amounLor extent thereof, Contractor may make a Claim certificates of inspection or approval . there effor as-provided=in-Paragraph-1.0:05. D . Contractor shall be responsible for arranging and 13 . 05 Owner May Stop the Work obtaining and shall pay all costs in connection with ani y inspections , tests, or approvals required for Owner' s and A . If the Work is defective, or Contractor fails to supply Engineer' s acceptance of materials or equipment to be sufficient skilled workers or suitable materials or incorporated in the Work; or acceptance of materials, mix equipment, or fails to perform the Work in such a way designs , or equipment submitted for approval prior to that the completed Work will conform to the Contract Contractor ' s purchase thereof for incorporation in the Documents, Owner may order Contractor to stop the Work. Such inspections , tests , or approvals shall be Work, or any portion thereof, until the cause for such performed by organizations acceptable to Owner and order has been eliminated ; however, this right of Owner Engineer. to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of E . If any Work (or the work of others) that is to be Contractor, any Subcontractor, any Supplier, any other inspected , tested , or approved is covered by Contractor individual or entity, or any surety for, or employee or without written concurrence of Engineer, it must, if agent of any of them . requested by Engineer, be uncovered for observation . F . Uncovering Work as provided in Paragraph 13 . 03 . E 13 . 06 Correction or Removal of Defective Work shall be at Contractor ' s expense unless Contractor has A . Promptly after receipt of notice, Contractor shall given Engineer timely notice of Contractor ' s intention to correct all defective Work, whether or not fabricated , cover the same and Engineer has not acted with installed , or completed , or, if the Work has been rejected reasonable promptness in response to such notice . by Engineer, remove it from the Project and replace it with Work that is not defective . Contractor shall pay all 13 . 04 Uncovering Work claims, costs , losses, and damages (including but not limited to all fees and charges of engineers, architects , A . If any Work is covered contrary to the written request attorneys, and other professionals and all court or- of Engineer, it must, if requested by Engineer, be -arbitration or other dispute resolution costs) arising out of uncovered for Engineer ' s observation and replaced at or relating to such correction or removal (including but Contractor' s expense . not limited to all costs of repair or replacement of work of others) . B . If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or B . When correcting defective Work under the terms of tested by others, Contractor, at Engineer ' s request, shall this Paragraph 13 . 06 or Paragraph 13 . 07 , Contractor shall uncover, expose , or otherwise make available for take no action that would void or otherwise impair observation , inspection, or testing as Engineer may Owner ' s special warranty and guarantee , if any, on said require, that portion of the Work in question , fumishing 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 teens 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 courtor Owner or permitted by Laws and Regulations as arbiif a iem 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 (sia t -t-0-bo-a rouGd Owner and in accordance with Owner' s written he ' -�-Ehe Wor_as "to-reasonabl�taess) and the diminished value of the Work instructions : to the extent not otherwise paid by Contractor pursuant to 1this sentence. If any such acceptance occurs prior to . repair such defective land or areas ; or Engineer' s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions 2 . correct such defective Work ; or in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the 3 . if the defective Work has been rejected by Contract Price, reflecting the diminished value of Work Owner, remove it from the Project and replace it with so accepted . If the parties are unable to agree as to the Work that is not defective, and amount thereof, Owner may make a Claim therefor as provided in Paragraph 10 . 05 . if the acceptance occurs 4 . satisfactorily correct or repair or remove and after such recommendation , an appropriate amount will be replace any damage to other Work, to the work of paid by Contractor to Owner. others or other land or areas resulting therefrom . B . If Contractor does not promptly comply with the terms 13 . 09 Owner May Correct Defective Work of Owner ' s written instructions , or in an emergency A . If Contractor fails within a reasonable time after where delay would cause serious risk of loss or damage , written notice from Engineer to correct defective Work or Owner may have the defective Work corrected or repaired to remove and replace rejected Work as required by or may have the rejected Work removed and replaced . All Engineer in accordance with Paragraph 13 .06 .A, or if claims, costs , losses , and damages (including but not Contractor fails to perform the Work in accordance with limited to all fees and charges of engineers, architects, the Contract Documents, or if Contractor fai Is 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-0°' aet°" �°1�lrg�ttie'�s� 3'tder-t�iis-1? r�granot limited to all fees and charges of engineers, architects, are in addition to any other obliga_ tion .or-w rran attorneys, and other professionals and all court• or— provisions of this Paragraph-1 7 shall not be construed arbitration or other dispute resolution costs) incurred or as a substi ute-for or a waiver of the provisions of any sustained by Owner in exercising the rights and remedies alplieable-statute-offlimitation-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 O 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 and damages will include but not be limited to all costs of B Review of Applications 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 D . Contractor shall not be allowed an extension of the the Application to Owner or return the Application to 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 COMPLETION requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer ' s observations on the Site of the executed Work as an experienced and qualified 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 2 . Beginning with the second Application for Contract Documents ; or 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 : I . 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 . - O�etrra•1-Ist3c�ledge- of->;1 e . to determine that title to any of the Work , rence of any of theets- c um� in materials , or equipment has passed to Owner free Paragraphs . 0-2-13 . 5 . a through 14 . 02 . B . 5 . c or and clear of any Liens . .p graph-15-02.A: 5 . Engineer may refuse to recommend the whole or �- ---I•f-O••wner--refuses-te-make-ptr&yment&f-the.f :H 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 noticeWith a copy to S Owner stated in Paragraph 14 . 02 . 13 .2 . Engineer may Engineer) stating the reasons fouch action and also refuse to recommend any such payment or, promptly pay Contractor ayy�ount remaining after because of subsequently discovered evidence or the deduction of the a tr t so withheld . Owner shall results of subsequent inspections or tests, revise; or promptly pay or3fractor the amount so withheld , or revoke any such payment recommendation any adju t ent thereto agreed to by Owner and previously made, to such extent as may be necessary Coytractor, when Contractor corrects to Owner ' s in Engineer' s opinion to protect Owner from loss atisfaetion-the-reasons-for-such-action . because : 3-1-f-it--is-•subsequ entl•y-determined-that Owner'- s a . the Work is defective, or completed Work has refusal of payment was not 1.usta €ied �h am mount been damaged , requiring correction or replace- wrongfilll_y�w1'thheld--Shall- be treated as an amount ment; dile=a termined-b)L-P-ar-agr-aph-14. 02-G1 : 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:den days after-pr®s®ntation-of-the-/�ppl•ieation-fob complete (except for items specifically listed by Payment to Owner with Engineer ' s rhe orrun2fd5tion , Contractor as incomplete) and request that Engineer issue the amount recomme ed-Wi71� (subject to the a certificate of Substantial Completion . provi�_of-P ragraph 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 C•:—I°f-Engin eer-eon ssideis-the-1 orlFs> rbstalrpral }y oo , a cce`rttiiofi k to of Substantial Completion for that part of plete , Engineer will deliver to Owner a tentative certificate of Substantial Completion which sh fix the date of Substantial Completion . There shall attached to 2 . Contractor at any time may notify Owner and the certificate a tentative list of items to b�m completed or Engineer in writing that Contractor considers any P such part of the Work ready for its intended use and corrected before final payment. Owner hall have seven days after receipt of the tentative ce ate during which substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of to make written objection to En i er as to an the Work . g � y provisions Of the certificate or attached lis IPIf, after considering such objections , Engineer conclu es that the Work is not 3 . Within a reasonable time after either such substantially complete, neer will within 14 days after ���((( Y request, Owner, Contractor, and Engineer shall make submission of the tenta e certificate to Owner notify an inspection of that part of the Work to determine its Contractor in writinKnesr,I ating the reasons therefor. If, after consideration of 9 s objections , Engineer considers status rt completion . If Engineer does not consider the Work subst�fitially complete , Engineer will within that part of the Work to be substantially complete, e5cecute and deliver to Owner and Contractor Engineer will notify Owner and Contractor in writing said 14 days Completion a definitiv /ertificate of Substantial Com with a paving the reasons therefor. If Engineer considers that p ( part of the Work to be substantially complete , the revised t�ntative list of items to be completed or correct- provisions of Paragraph 14 . 04 will apply with respect ed) reTccting such changes from the tentative certificate as Engineer believes justified after consideration of an to certification of Substantial Completion of that part Y of the Work and the division of responsibility in o jections-fForn-pwraer• respect thereof and access thereto. -D--At the-ti•>�e-of-dal•i�r�.caf-tl��-t�ntatia��.oertifrate.o£ 4 . No use or occupancy or separate operation of Substantial Completion , Engineer will deliver to OW�hc:r 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 paymentb eWeen Owner property Insurance . and Contractor with respect to security, operation, safety, and protection of the Work, P amlt�enance, heat, utilities,, 14 . 06 Final Inspection insurance, and warrant<and guarantees . Unless Owner and Contractor agree�otherwise in writing and so inform A . Upon written notice from Contractor that the entire Engineer in writ 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 Engineers aforesaid recommendation will be binding on Contractor and will notify Contractor in writing of all Ownet�and-Eontraetor�untFl-final-payrnerit, 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 -tip 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) b when Contractor agrees that such part of the Work is y 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 SECTION 00800 SUPPLEMENTARY CONDITIONS INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES BOARD OF COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS 00800 - 1 TABLE OF CONTENTS PART I - AMENDMENTS TO GENERAL CONDITIONS Article Number Title 1 DEFINITIONS AND TERMINOLOGY 2 PRELIMINARY MATTERS 3 CONTRACT DOCUMENTS ; INTENT , AMENDING , REUSE 4 AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS ; HAZARDOUS ENVIRONMENTAL CONDITIONS ; REFERENCE POINTS 5 BONDS AND INSURANCE 6 CONTRACTOR' S RESPONSIBILITIES 7 OTHER WORK AT THE SITE 8 OWNER' S RESPONSIBILITIES 9 ENGINEER' S STATUS DURING CONSTRUCTION 1 I 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 SUPPLEMENTARY CONDITIONS PART I - AMENDMENTS TO GENERAL CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC Document No . C -700 , 2002 edition) and other provisions of the Contract Documents as indicated below . All provisions which are not so amended or supplemented remain in full force and effect. ARTICLE 2 - PRELIMINARY MATTERS SC -2 . 01 . Delete paragraphs 2 . 01A and B o1' the General Conditions in its entirety . 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 Pro - ceed 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 new paragraph D immediately after Paragraph 3 . 01 C of the General Conditions to read as follows : D . Each and every provision of law and clause required by law to be inserted in these Contract Documents shall be deemed to be inserted herein , and they shall be read and enforced as though it were included herein SC3 . 03A . 3 Delete existing 3 . 03A . 3 of the General Conditions in its entirety and replace it with the following : Contractor shall not be liable to Owner or Engineer for failure to report any such conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor knew or, in the exercise of ordinary care , reasonably should have recognized such conflict, error, ambiguity , or discrepancy and failed to report it in writing to the Owner and the Engineer. SC 3 . 03B Delete existing 3 . 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 00800 - 3 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 . 0113 Delete existing subparagraph 4 . 0113 of the General Conditions in its entirety SC 4 . 011) . Add the following after paragraph 4 . 01C of the General Conditions : D . Contractor shall provide to the Owner written evidence of authorization to use any private land for staging or storage of material and equipment on the private land . Such written evidence of authorization must be provided to the Owner prior to use of the private land . 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 listed in Section 00200 and tests of subsurface physical conditions at the site . Copies of these reports are available upon request. The foregoing information and data shown or indicated in the Contract Documents is based on information and data fiimished 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 . 02B . Delete paragraph 4 . 02 b in its entirety and replace with the following : The information and data shown or indicated in the Contract Documents with respect to Underground Facilities owned by others or contiguous to the site is based on information and data furnished to Owner or the Engineer by the owners of such Underground Facilities or 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 reviewing and checking all such information and data , and the CONTRACTOR shall have full responsibility for physical conditions , and Underground Facilities owned by OWNER or others, shown or indicated in the Contract Documents . SC 4 . 02C , D , and E . Add new paragraphs C , D , and E immediately after Paragraph 4 . 02B of the General Conditions to read as follows : C . Field Measurements : Before undertaking each part of the construction , CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements . CONTRACTOR shall promptly report in writing to the OWNER and conflict, error or discrepancy which CONTRACTOR or any of his Subcontractors or Suppliers may discover and shall obtain a written interpretation or clarification from OWNER before proceeding with any Work affected thereby; provided, however, CONTRACTOR shall not be liable to the OWNER for failure to report any conflict, error or discrepancy unless CONTRACTOR or any of his Subcontractors or Suppliers had actual knowledge thereof or should 00800 -4 reasonably have known thereof. D . Scheduling : Unless it prejudices Work already excavated and uncovered , Contractor shall schedule layout, excavating and uncovering of Work or Underground Facilities a sufficient time in advance to allow the Engineer' s review, and the possible amending or supplementing of the Contract Documents . E . UTILITY COORDINATION . 1 . CONTRACTOR ' S Responsibility : The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments , public utilities , public carriers, service companies and corporations owning or controlling roadways , railways , water, sewer, gas , electrical , cable television , telephone , and telegraph facilities such as pavements , tracks , piping , wires , cables, conduits , poles , guys , etc . , including incidental structures connected therewith , that are encountered in the Work in order that such items may be properly shored, supported and protected , or the Contractor shall be solely responsible for coordinating their relocation . The Contractor shall give proper notices , shall comply with requirements of such parties in the performance of its Work, shall permit entrance of such parties on the Work, and shall pay all charges and fees made by such parties for its Work. The Contractor ' s attention is called to the fact that there may be delays on the Project due to Work to be done by governmental departments , public utilities , and others in repairing poles , conduits, etc . The Contractor shall cooperate with the above parties, in every way possible, so that the construction can be completed in the least possible time . 2 . Connection : At all points where the Work constructed by the Contractor connects to existing utilities and services , the actual Work of making the necessary connection to the existing service or utility shall be arranged for by Contractor at no additional expense to Owner (unless specifically indicated otherwise) . Services and utilities included within (but not limited to) this responsibility are roads , ditches, electrical , sewer, mechanical , utilities , water, fencing, etc . Connections shall be made at a time that will result in the least possible interference with existing services . Sc 4 . 03A Delete 4 . 03 A of the General Conditions in its entirety and replace it with the following : A . Notice. The Contractor shall promptly, and before such conditions are disturbed , and in no event later than 10 days after first observance of the conditions . Notify the Owner and Engineer in writing of: ( 1 ) subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or (2 ) unknown physical conditions at the site of an unusual nature , differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in this Contract. The Owner will promptly investigate the conditions , and if it finds that such conditions do materially so differ and cause an increase or decrease in the Contractor ' s cost of, or the time required for, performance of any part of the Work under this Contract, a Change Order shall be issued accordingly based on the Schedule of Values and executed by the Owner and the Contractor. Contractor ' s failure to provide notice upon discovery of the differing site condition shall waive any entitlement to such an adjustment in the Contract Price or Contract Time . Further, no Claim of the Contractor under this paragraph 4 . 03A shall be allowed unless the Contractor has given the notice as required in this paragraph 4 . 03A . SC 4 . 03B . Delete paragraph 4 . 0313 of the General Conditions in its entirety. SC 4 . 03C1 Delete subparagraph 4 . 03C1 of the General Conditions in its entirety . SC 4 . 03C . 1 . Delete subparagraphs 4 . 03C1a . and b . of the General Conditions in its entirety . SC 4 . 03C3 . Delete paragraph 4 . 03C3 . of the General Conditions in its entirety . SC -4 . 05A . Add the following new paragraph immediately after paragraph 4 . 05A . of the General Conditions to read as follows : 00800 -5 B . The Contractor shall furnish all stakes , templates and other materials necessary for establishing and maintaining the lines and grades necessary for control and construction of the Work. 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 new paragraph 4 . 07 of the General Conditions to read as follows : 4 . 07 . Archaeological or Historical Resources at Site . If Archaeological or Historical Resources are revealed , uncovered, or discovered at the site, Contractor shall cease work immediately and promptly, and before such conditions are disturbed, and in no event later than 5 days after first observance of the conditions , notify the Owner and Engineer in writing of such conditions . Owner shall obtain the services of an Archaeologist registered with the State of Florida Register of Professional Archaeologists . Based on Archaeologist ' s determination , if Owner finds that such conditions 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 entered accordingly. Contractor ' s failure to provide notice upon discovery of the Archaeological or Historical Resources shall waive any entitlement to such an adjustment in the Contract Price or Contract Time . ARTICLE 5 - BONDS AND INSURANCE SC 5 . O1A . Delete existing paragraph 5 . O1A of the General Conditions in its entirety and replace with the following : 5 . O1A . Contractor shall furnish Public Construction Bond, each in an amount equal to the Contract Price as security for the faithful performance and payment of all Contractor ' s obligations under the Contract Documents . These Bonds shall remain in effect at least until one year after the date when final payment is made, except as provided otherwise by Laws or Regulations or by the Contract Documents . 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 Public Constriction Bond and shall thereupon be furnished with certified copies of such documents . SC 5 . 02A . Delete the words " Owner or" in line three . SC 5 . 03B Delete existing paragraph 5 . 03B of the General Conditions in its entirety SC 5 . 0413 Delete existing paragraph 5 . 04B of the General Conditions in its entirety and replace with the following : B . The Contractor shall not commence Work under the Agreement until it has obtained all insurance required under the Agreement and the Indian River County Risk Manager has approved such insurance . The Contractor shall procure and maintain , for the duration of the Agreement, the minimum insurance coverage as set forth herein . The cost of such insurance shall be included in the Contract Price C . The insurance required by paragraph 5 . 04A of the General Conditions shall provide coverage for not less than the following amounts : 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 00800 - 6 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 emp 'loyee(s) of the Contractor. 2 . Commercial General Liability : A per occurrence form policy, including Premise Operations , Independent Contractors , Products and Completed Operations including X, C , U (Explosion , Collapse , Underground) Broad Form Property Damage, Broad Form Property Damage Endorsement, with a combined single limit of not less than $ 3 , 000 , 000 general aggregate to include products/completed operations , personal injury/advertising liability, fire damage /legal liability, and medical payments . Limits can be layered with an Excess Liability Policy (Umbrella) . 3 . Business Auto Liability : Coverage shall include Owned vehicles and Hired/Non-Owned vehicles , for a combined single limit (bodily injury and property damage) of not less than $ 3 , 000 , 000/combined single limit (Bodily Injury/Property Damage) ; personal injury protection -- statutory limits ; $ 1 , 000 , 000 uninsured/underinsured motorist ; $ 1 , 000 , 000/hired/non -owned auto liability . Limits can be layered with Excess Liability Policy (Umbrella) . 4 . Contractor ' s Builders ' Risk "All Risk" Insurance : — Contractor ' s Builders ' Risk "All Risk" Insurance : — All risk coverage with limits equal to one hundred percent ( 100 %) of the completed value of the Work. There shall be a waiver of occupancy endorsement to enable the; Owner to occupy the facility under construction during such activity. The policy must be endorsed to provide machinery/equipment endorsement during transit and installation, and Owner direct purchase materials . 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. In accordance with Article 10 of the Agreement, Indian River County as Owner shall pay the full amount of any and all deductibles incurred for any loss of Owner direct purchased materials where such loss result from either ( 1 ) the negligence of Indian River County as Owner or (2 ) a force majeure event beyond the control of Owner or Contractor. Notwithstanding the foregoing, Contractor is responsible for risk of loss to Owner direct purchased materials attributable to the negligence of Contractor or its agents . 5 . All risk coverage with limits equal to one hundred percent ( 100%) of the completed value of the Work . There shall be a waiver of occupancy endorsement to enable the Owner to occupy the facility under construction during such activity. The policy must be endorsed to provide machinery/equipment endorsement during transit and installation , and Owner direct purchase materials , if any. The maximum deductible under this coverage is $ 10 , 000 per claim . 6 . Flood Insurance - Contractor shall maintain coverage when the buildings or structures are located within an identified special flood hazard area . Such flood insurance shall protect the interests of the Contractor and the County and shall be afforded for the lesser of the total insurable value of such buildings or structures , or, the maximum amount of flood insurance coverage available under the National Flood Insurance Program . D . Insurance Requirements — Ten ( 10) days prior to the commencement of any Work under the Contract, a certificate of insurance shall be provided to the Indian River County Risk Manager for review and approval . The certificate shall provide that : ( a) Indian River County (as Owner) and Camp Dresser & McKee Inc . be named as an additional insured on the commercial general liability, auto liability, and Contractor ' s Builders ' Risk "All Risk" insurance policies ; (b ) the Contractor ' s insurance; coverage shall be primary ; and (c) Indian River County (as Owner) and Camp Dresser & McKee Inc . 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 and remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13 . 07 . In addition, with respect to completed operations insurance , and any insurance coverage written on a claims -made basis , such insurance shall remain in effect for at oo800 - 7 least two years after final payment . Contractor shall furnish Owner with evidence satisfactory to Owner of the continuation of such insurance at final payment and again one year thereafter, so that Owner is assured of such continuing coverage . F . All insurers must be authorized to do business in Florida and have a Best Key Rating of A - VII . G . The insurance companies selected shall send written verification to the Indian River County Risk Manager that they will provide 30 days prior written notice to the Indian River County Risk Manager of its intent to cancel or modify any required policies of insurance . SC 5 . 05 Delete existing paragraph 5 . 05 of the General Conditions in its entirety. SC - 5 . 06 Delete existing paragraph 5 . 06 of the General Conditions in its entirety . SC - 5 . 07 Delete existing paragraph 5 . 07 of the General Conditions in its entirety and replace with the following . A . All insurance policies provided by the Contractor shall contain provisions to the effect that the insurer waives all rights of subrogation against any of the insured , additional insured, (and the officers , directors , partners , employees , agents, consultants and subcontractors of each and any of them) Owner and the Engineer. SC -5 . 08 . Delete existing paragraph 5 . 08 of the General Conditions in its entirety . SC -5 . 09 . Delete existing paragraph 5 . 09 of the General Conditions in its entirety. ARTICLE 6 - CONTRACTOR' S RESPONSIBILITIES SC 6 . 01B Delete paragraph 6 . 01B of the General Conditions in its entirety, and replace with the following : 6 . 0113 The Contractor shall employ a competent superintendent and necessary assistants who shall be assigned to, and in attendance at, the Project site during performance of the Work . The superintendent shall be - reasonably satisfactory to the Owner. So long as the superintendent remains employed by the Contractor or any related entity, the superintendent shall not be replaced without the Owner ' s prior written consent , except under extraordinary circumstances . The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. SC -6 . 02 C and D . Add the following new paragraphs immediately after paragraph 6 . 02B . of the General Conditions which are to read as follows : C . Regular working hours are defined as 8 hours per day, Monday through Friday, excluding holidays , between the hours of 7 : 00 AM and 7 : 00 PM . Requests to work other than regular working hours shall be submitted to Engineer not less than 48 hours prior to any proposed weekend work or scheduled extended work weeks . Occasional unscheduled overtime on weekdays may be permitted provided two hours notice is given to Engineer. 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. 00800 - 8 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_ 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 . 0613 Delete Paragraph 6 . 0613 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 pen-nits 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 obtained the Temprary Consumptive Use Permit from the St. Johns River Water management District and such permits are included in the Contract Documents in Section 01060 . Owner has obtained/made application for the Indian River County Minor Site Plan approval , FDEP Specific Permit to Construct PWS Components and Inidan River County ROW Permit . Any permits issued after issuance of bid documents will be provided as an Addendum. . Contractor acknowledges that the foregoing items are governed by the provisions of Florida Statutes section 218 . 80 (2007 ) , Public Bid Disclosure Act . 00800 -9 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 Com lep tion 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 . 21E . Delete paragraph 6 . 21E 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 SC -7 . 01 A . Delete paragraph 7 . 01 A of the General Conditions in its entirety and replace with the following : 7 . 01A . Related Work at Site . Owner may perform other work related to the Project at the Site with Owner ' s employees , or pursuant to direct contracts with others . If such other work is not noted in the Contract Documents, then written notice thereof will be given by Owner to Contractor prior to Owner starting any such other work ; and Contractor shall perform in accordance with Article 7 of the General Conditions . 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 : 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 . 03B . . Add the following new paragraph B . immediately after paragraph 9 . 03A of the General Conditions which is to read as follows : 00800 - 10 B . Engineer will furnish a part-time Resident Project Representative . Contractor is responsible to give 24 -hour notice on all required inspections so that the Resident 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 .B . A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12 . 02 .13 . No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Contract . SC 10 . 05 C , D , and E . Delete paragraphs 10 . 050 , D , and E . of the General Conditions in their entirety . 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 : 00800 - 11 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 maybe 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 SC 12 . 01A . Delete paragraph 12 . 01A of the General Conditions in its entirety and replace with the following : The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice in accordance with the provisions of paragraph 10 . 05 . SC 12 . 01132 . Delete paragraph 12 . 01132 of the General Conditions in its entirety and replace with the following : 2 . where the Work involved is not covered by unit prices contained in the Contract Documents , by a mutually agreed lump sum . SC 12 . 01133 . Delete paragraph 12 . 01133 of the General Conditions in its entirety . SC 12 . 01 C . Delete paragraph 12 . 01 C of the General Conditions in its entirety . 12 . 03A and B . Delete paragraphs 12 . 03 . A and .12 . 0313 of the General Conditions in their entirety and replace with the following : A . Where Contractor is delayed or prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay ifs 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 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 paragraph 13 . 04 . 0 of the General Conditions in its entirety and replace with the following : . If it is found that the uncovered Work is defective , Contractor shall pay all claims , costs , losses , and damages ( including but not limited to all fees and charges of engineers , architects , attorneys , and other professionals and all court or other dispute resolution costs) arising out of or relating to ,such uncovering, exposure , observation , inspection , and testing , and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others) ; and Owner shall be entitled to an appropriate decrease in the Contract Price . SC 13 . 04D . Delete paragraph 13 . 04 . 13 of the General Conditions in its entirety and replace with the following : . If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times , or both , directly attributable to such uncovering, exposure , observation , inspection, testing , replacement, and reconstruction . SC 13 . 06A . Delete the words : " arbitration or" in line 9 of paragraph 13 . 06 . A of the General Conditions . SC 13 . 07A . Add the following sentence at the beginning of paragraph 13 . 07 . 0 of the General Conditions : The Owner and Contractor agree that a warranty inspection shall be scheduled no later than eleven ( 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 ( 10"') day of each month , and not more often than once a 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 00800 - 13 by the Contract Documents . Such supporting documents shall include but not be limited to , the required Contractor ' s certification ; retainage as set forth in the Agreement; and a monthly dated CPM schedule for the Project . The Contractor shall make the following certification (Affidavit) on each Application for Payment : "I hereby certify that the labor and materials listed on this Application for Payment have been used in the construction of this Work and payment received from the last request for payment has been used to make payments to all subcontractors , laborers , material , men and suppliers except as listed below : . "All payments by Indian River County as Owner shall be made in accordance with the Local Government Prompt Payment Act . Florida Statutes section 218 . 70 et . seq . SC - 14 . 02A . 3 . Add a new paragraph immediately after paragraph 14 . 02A . 3 of the General Conditions , which is to read as follows : 4 . Contractor shall furnish satisfactory proof to Owner . and Engineer that payment received from Owner for materials and equipment not incorporated into the Work and suitably stored , has in fact been paid to the 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 . 02D3 . Delete paragraph 14 . 02D3 of the General Conditions in its entirety 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 fig: the date of Substantial Completion. In accordance with the 00800 - 14 provisions of Florida Statutes section 208 . 735 (7 ) (x) (2008 ) , upon receipt of the tentative certificate of Substantial Completion from Engineer, the Owner, the Engineer, and the Contractor shall conduct a walk-through inspection of the Project to document a list of any items required to render the Work on the Project complete, satisfactory, and acceptable under this Agreement (herein the " Statutory List") . The Statutory List shall be reduced to writing and circulated among the Owner, the Engineer, and the Contractor by the Owner or the Engineer within 30 calendar days after substantial completion . The Owner and Contractor acknowledge and agree that : 1 ) the failure to include any corrective work, or pending items that are not yet completed , on the Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this Agreement; 2) upon completion of all items on the Statutory List, the Contractor may submit a pay request for all remaining retainage except as otherwise set forth in this Agreement; and 3 ) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner' s satisfaction under this Agreement. After receipt of the Statutory List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project . SC 14 . 04D . Delete paragraph 14 . 04D of the General Conditions in its entirety and replace with the following : At the time of delivery of the tentative certificate of Substantial Completion , Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation , safety, and protection of the Work, maintenance, heat, utilities, insurance , and warranties and guarantees . SC 14 . 07A . 3 . Delete paragraph 14 . 07A . 3 of the General Conditions in its entirety . SC - 14 . 07B . 1 . Delete paragraph 14 . 07B . I of the General Conditions in its entirety and replace with the following : 1 . If, on the basis of Engineer' s observation of the Work during construction and final inspection , and Engineer's review of the final Application for Payment and accompanying documentation , all as required by the Contract Documents , Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will indicate, within twenty days after receipt of the final Appli - cation 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 : 00800 - 15 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, materials or equipment in connection with the Work; 6 . If Contractor abandons the Work , or assigns Contract or any part thereof, without the previous written consent of Owner, otherwise than in accordance with the Contract Documents . SC - I5 . 02 . C . Delete the words : " arbitration or" in line 7 of paragraph 15 . 02 . 0 of the General Conditions . SC 15 . 02 . G . Add the following new paragraph immediately following paragraph 15 . 02 . 17 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 . SC - 15 . 03 . A . 3 . Delete subparagraph 15 . 03 . A . 3 of the General Conditions in its entirety. 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 . 0 IA . 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 00800 - 16 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 : 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 constriction ; 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. The Owner will assume the utility costs directly related to its usage of areas in which it has taken Beneficial Occupancy . 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 structures 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 . Record Drawings shall be submitted with each pay request . Final acceptance of the Work will be withheld until the approval of such documents are made by the Owner. 17 . 13 . Progress Videotapes . Contractor shall deliver to the Owner both prior to commencing the Project and before receipt of Final Payment , a DVD Type color videotape of the Project showing the site before and after Work has been completed . Contractor shall audibly identify on the videotape the station numbers as those areas of the Project are taped . The cost of the videotaping is 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 . 00800 - 17 PART II — FORMS TO BE USED DURING PROJECT CONSTRUCTION (Pages 19 through 34) NOTICE OF AWARD — ( Sample) NOTICE TO PROCEED FIELD ORDER WORK CHANGE DIRECTIVE CHANGE ORDER APPLICATION FOR PAYMENT CERTIFICATE OF SUBSTANTIAL COMPLETION FINAL RELEASE OF LIEN DUTIES RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE 00800 - 18 (SAMPLE) NOTICE OF AWARD Dated , 20 TO : (Bidder) CONTRACT FOR : INDIAN RIVER COUNTY NORTH WTP RAW WATER TRANSMISSION SYSTEM You are notified that your Bid dated , 20 for the above Contract has been considered . You are the apparent successful Bidder and have been awarded a contract for : (Indicate total Work, alternates or sections of Work awarded) The Contract Price of your contract is Dollars Enclosed are seven (7 ) copies of the Contract Documents for your execution and subsequent return to this office for further processing . You must comply with the following conditions precedent within fifteen ( 15 ) days of the date of this Notice of Award , that is by 20_ • 1 . Execute all copies of the Agreement . Each Project Manual and set of contract drawings must bear your signature on the cover sheet. Do not date the Agreements or bonds ; this will be accomplished upon execution of the contracts by the OWNER. Submit a power of attorney authorizing OWNER to date bonds and Agreements . 2 . Submit seven (7 ) , copies of the Payment and Performance Bonds . Instructions to the Surety and the Principal for execution of the bonds are as follows : Where the CONTRACTOR is a Corporation , the Agreement and any bonds must be executed by the President or other duly authorized officer of the corporation . The Agreement or Bond is accompanied by a statement certified by a Secretary of the Corporation . The signatures of the persons executing the bond on behalf of the Principal and of the Surety, respectively , shall each be dated on the signature line . If the bond is executed by an Attorney- in-Fact for the Surety, the accompanying Power of Attorney must be executed by persons whose authority to do so is plainly identified on the face of the Power of Attorney . Neither signatures nor the Corporate Seal may appear by facsimile unless the authority for them to appear in that form is plainly disclosed on the face of the document. The Secretary or other properly authorized Officer must certify and seal a statement declaring that the authority granted by the Power of Attorney remained in force on the date that the bond was executed by the Attorney-in-Fact. 00800 - 19 3 . Include seven (7 ) copies of the Certificate of Insurance . The Certificate must name the OWNER as an additional insured and the standard cancellation clause must read as follows : - " Should any of the above described policies be canceled or changed by restricted amendment before the expiration date thereof, the issuing Company will give thirty (30) days written notice to the below named certificate holder . " Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned , to annul this Notice of Award and to declare your Bid Security forfeited . Within twenty (20) days after you comply with the above conditions , the OWNER will return to you one fully signed counterpart of the Contract Documents attached . If you have any questions , or if we can be of any further assistance , please do not hesitate to contact this office . Sincerely, 00800 -20 NOTICE TO PROCEED , 20 CONTRACT FOR INDIAN RIVER COUNTY NORTH WTP RAW WATER TRANSMISSION SYSTEM CONTRACTOR : Gentlemen : You are hereby notified to commence work on the subject contract on or before 120 and are to fully complete the work within calendar days . In accordance with the contract documents , the Substantial Completion date is _, ( days) with the Final Completion date being (_days) . Extension :in time will be by written change order only . The contract provides for assessment of liquidated damages for each consecutive calendar day that the work remains incomplete after the above established substantial completion date the sum of $ and for each consecutive calendar day that the work remains incomplete after the above established final completion date the sum of $ Indian River County, Florida (OWNER) By : (Authorized Signature) W . Erik Olson , Director of Utility Services (Printed Name & Title of Above Signer) NOTE : Attach this notice to your contract making it a part thereof. 00800 -21 FIELD ORDER PROJECT : _ FIELD ORDER NO . : DATE : CONTRACT : OWNER : _ OWNER ' S PROJECT NO . : TO : CONTRACT DATE : This Field Order is issued to interpret/clarify the; Contract Documents , order minor changes in the work and/or memorialize trade- off agreements . Both parties hereby agree that the work described by this Field Order is to be accomplished without change in Contract Sum, Contract Time , and/or claims for other costs . DESCRIPTION : (Here insert a written description of the interpretation , change or agreement. ) FIELD ENGINEER : CONTRACTOR : BY : BY : DATES : DATE : 00800 -22 WORK CHANGE DIRECTIVE No . PROJECT : DATE OF ISSUANCE : OWNER : (Name , Address) CONTRACTOR : OWNER ' s Project No . : ENGINEER : CONTRACT FOR : ENGINEER ' s Project No . : You are directed to proceed with the following change (s) : Description : Purpose of Work Directive Change : Attachment(s) (list documents supporting change) : If a claim is made that the above change(s) have: affected Contract Price or Contract Time , any claim for a Change Order based thereon will involve one of the following methods of determining the effect of the change (s) . Method of determining change in Contract Price : Method of detennining change in Contract Time : [ ] Time and Materials [ ] Contractor ' s records [ ] Unit Prices [ ] Engineer ' s records [ ] Cost plus fixed fee [ ] Other Estimated increase (decrease) in Contract Price Estimated increase (decrease) in Contract Time $ . If the days . If the change involves an change involves an increase , the estimated increase , the estimated time is not to be exceed amount is not to be exceeded without further without further authorization . authorization . Once the Work covered by the directive is completed or final cost and time determined , Contractor should submit documentation for inclusion in a change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR THE CONTRACT TIME . A CHANGE ORDER , IF ANY , SHOULD BE CONSIDERED PROMPTLY . RECOMMENDED : APPROVED : By : By : Engineer Owner Date : Date : 00800 -23 WORK CHANGE DIRECTIVE INSTRUCTIONS L GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which , if not processed expeditiously, might delay the Project . These changes are often initiated in the field and may affect the Contract Price or the Contract Times . This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used . 2 . COMPLETING THE WORK CHANGE DIRECTIVE FORM Engineer initiates the form, including a description of the items involved and attachments . Based on conversations between Engineer and Contractor, Engineer completes the following : METHOD OF DETERMINING CHANGE , IF ANY , IN CONTRACT PRICE : Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price . If change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed , another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimates time is reached . If Work Change Directive is not likely to change the Contract Price , the space for estimated increase (decrease) should be marked "Not Applicable" . Once Engineer has completed and signed the form , all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in Price or Times . Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer ' s recommendation . Paragraph 10 . 03 . A . 2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change Directive . Once the Work covered by this directive is completed or final cost and times are determined , Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR CONTRACT TIMES . A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY . 00800 -24 CHANGE ORDER No . PROJECT DATE OF ISSUANCE EFFECTIVE DATE OWNER OWNER ' s Contract No . Project No . CONTRACTOR ENGINEER PBS & J, Inc. You are directed to make the following changes in the Contract Documents : Description : Reason for change order : Attachments : (List documents supporting chan€)re) CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Times $ Substantial Completion : Ready for final payment : Days or dates Net changes from previous Change Orders Net change from previous Change Orders No . to No . No . to No . $ days Contract Price prior to this Change Order Contract Time prior to this Change Order $ Substantial Completion : Ready for final payment : Days or dates Net Increase (decrease) in this Change Order Net Increase in this Change Order days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ Substantial Completion : Ready for final payment : Days or dates RECOMMENDED : APPROVED : ACCEPTED : By : By : By : Engineer (Authorized Signature) Owner (.Authorized Signature) Contractor (Authorized Signature) Date : Date : Date : EJCDC No . C -700 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America . 00800 -25 CHANGE ORDER INSTRUCTIONS A . GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times . Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times . Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order . The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes . If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed . For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times , a Field Order should be used . B . COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both . Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval , depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change . After approval by one contracting party , all copies should be sent to the other party for approval . Engineer should make distribution of executed copies after approval by both parties . If a change only applies to price or to times , cross out the part of the tabulation that does not apply . 00800 -26 SECTION 00800 - Contractor' s Application for Partial Payment Application for Payment No . For Work Accomplished through the period of through To : ( OWNER ) From : ( CONTRACTOR ) Contract : Project : OWNER 's Contract No . ENGINEER ' s Project No . ENGINEER ( 1 ) Attach detailed schedule and copies of all paid invoices . 1 . Original Contract Price : $ 2 . Net change by Change Orders and Written Amendments ( + or - ) : $ 3 . Current Contract Price ( 1 plus 2 ) : $ 4 . Total completed and stored to date : $ 5 . Retainage ( per Agreement) : % of completed Work : $ % of retainage : $ Total Retainage : $ 6 . Total completed and stored to date less retainage (4 minus 5 ) : $ 7 . Less previous Application for Payments : $ 8 . DUE THIS APPLICATION ( 6 MINUS 7 ) : $ CONTRACTOR'S CERTIFICATION : I hereby certify that the labor and materials listed on this request 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 noted below . 00800 -27 Dated ( CONTRACTOR ) By: State of County of Subscribed and sworn to before me this day of Notary Public My Commission expires : CERTIFICATION OF ARCHITECT OR CONSULTING ENGINEER (WHERE APPLICABLE ) : certify that I have checked and verify the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it is a true and correct statement of the work performed and/or material supplied by the Contractor . Dated (ARCHITECT / ENGINEER ) SIGNATURE CERTIFICATION OF ENGINEER / INSPECTOR : I have checked the estimate against the Contractor' s Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project . It is my opinion that this statement of work performed and /or materials supplied is accurate , that the Contractor is observing the requirements of the Contract , and that the Contractor should be paid the amount requested above . Dated (ARCHITECT / ENGINEER ) SIGNATURE Accompanying Documentation : 00800 -28 SECTION 00800 - Contractor' s Application for Final Payment Application for Payment No , For Work Accomplished through the period of through To : ( OWNER ) From : ( CONTRACTOR ) Contract : Project : OWNER's Contract No . ENGINEER 's Project No . ENGINEER ( 1 ) Attach detailed schedule and copies of all paid invoices . 1 . Original Contract Price : $ 2 . Net change by Change Orders and Written Amendments ( + or - ) : $ 3 . Current Contract Price ( 1 plus 2 ) : $ 4 . Total completed and stored to date : $ 5 . Retainage ( per Agreement ) : % of completed Work : $ of . r _ . . ._. ... ,.. . m 70 VI ICId UdIII IC1lJ. C . � Total Retainage : $ 6 . Total completed and stored to date less retainage (4 minus 5 ) : $ 7 . Less previous Application for Payments : $ 8 . DUE THIS APPLICATION ( 6 MINUS 7 ) : $ CONTRACTOR' S CERTIFICATION : I hereby certify that the labor and materials listed on this request 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 noted below. The acceptance of final payment shall be and shall operate as a release of 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 this Work and for every act and neglect of the OWNER and others relating to or arising out of this Work . Any payment , however, final or otherwise , shall not release the CONTRACTOR or his sureties from any obligations under the Contract Documents or the Payment and Performance Bonds . 00800 -29 Dated ( CONTRACTOR ) By : State of County of Subscribed and sworn to before me this day of Notary Public My Commission expires : CERTIFICATION OF ARCHITECT OR CONSULTING ENGINEER ( WHERE APPLICABLE ) : I certify that I have checked and verify the above and foregoing Periodic Estimate for Partial Payment ; that to the best of my knowledge and belief it is a true and correct statement of the work performed and/or material supplied by the Contractor . Dated (ARCHITECT / ENGINEER ) SIGNATURE CERTIFICATION OF ENGINEER / INSPECTOR : have checked the estimate against the Contractor' s Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project . It is my opinion that this statement of work performed and/or materials supplied is accurate , that the Contractor is observing the requirements of the Contract , and that the Contractor should be paid the amount requested above . Dated (ARCHITECT / ENGINEER ) SIGNATURE Accompanying Documentation : 00800 -30 APPLICATION FOR PAYMENT INSTRUCTIONS A . GENERAL INFORMATION The sample form of Schedule of Values is intended as a guide only. Many projects require a more extensive form with space for numerous items , descriptions of Change Orders , identification of variable quantity adjustments , summary of materials and equipment stored at the site and other information . It is expected that a separate form will be developed by Engineer and Contractor at the tirne Contractor ' s schedule of Values is finalized . Note also that the format for retainage must be changed if the Contract permits (or the law provides) , and Contractor elects to deposit securities in lieu of retainage . Refer to Article 14 of the General Conditions for provisions concerning payments to Contractor. Be COMPLETING THE FORM The Schedule of Values , submitted and approved as provided in paragraphs 2 . 05 . 13 . 3 and 2 . 07 of the General Conditions , should be reproduced as appropriate in the space indicated on the Application for Payment form . Note that the cost of materials and equipment is often listed separately from the cost of installation . Also , note that each Unit Price is deemed to include Contractor ' s overhead and profit . All Change Orders affecting the Contract Price should be identified and included in the Schedule of Values as required for progress payments . The form is suitable for use in the Final Application for Payment as well as for Progress Payments ; however, the required accompanying documentation is usually more extensive for final payment . All accompanying documentation should be identified in the space provided on the form . C . LEGAL REVIEW All accompanying documentation of a legal nature , such as Lien Waivers , should be reviews by an attorney, and Engineer should so advise Owner. 00800 -31 CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT : Indian River County North WTP Raw Water Transmission System DATE OF ISSUANCE OWNER Indian River County Board of County Commissioners OWNER ' s Contract No . _ Project No , CONTRACTOR _ ENGINEER PBS &J , Inc . This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To : OWNER And To CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER , CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto . This list may not be all -inclusive , and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the contract Documents . The items in the tentative list shall be completed or corrected by CONTRACTOR within _ Days of the above date of Substantial Completion . EJCDC No . C -700 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America . 00800 -32 From the date of Substantial Completion, the responsibilities between OWNER and CONTRACTOR for security, operation , safety, maintenance , heat, utilities , insurance and warranties and guarantees shall be as follows : RESPONSIBILITIES : OWNER : CONTRACTOR : The following documents are attached to and made a part of this Certificate : [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents . Executed by ENGINEER on _ ENGINEER By : (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on , 20 CONTRACTOR By : OWNER accepts this Certificate of Substantial Completion on , 20_ OWNER By : (Authorized Signature) 00800 - 33 FINAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS , that ( Company Name) 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 . for all in consideration of dollars ($ ) (Total Amount of Contract) paid to by receipt of which is hereby acknowledged , (Me/Us) do hereby release and quit claim to the OWNER, its successors (fie) or assigns , all liens , lien rights , claims or demands of any kind whatsoever which now have or might have against the property, building, and/ or (I/We) for any incidental expense for the construction of (Project Number) (Project Name) thereon or in otherwise improving said property situated as above described . IN WITNESS WHEREOF I have hereunto set my hand and seal this day of 20_ _ ( SEAL) By _ WITNESS : Title 00800 - 34 DUTIES , RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE 1 . GENERAL Resident Project Representative is ENGINEER' S Agent, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding his actions . Resident Project Representative's dealings in matters pertaining to the on- site Work shall in general be only with ENGINEER and CONTRACTOR, and dealings with Subcontractors shall only be through or with the full knowledge of CONTRACTOR . Written communication with OWNER will be only through or as directed by ENGINEER . 2 . DUTIES AND RESPONSIBILITIES Resident Project Representative will : 1 . Schedules : Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning their acceptability. 2 . Conferences : Attend preconstruction conferences . Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance . Attend meetings , and maintain and circulate copies of minutes thereof. 3 . Liaison : 4 . Serve as ENGINEER' S liaison with CONTRACTOR, working principally through CONTRACTOR' S superintendent and assist him in understanding the intent of the Contract Documents . Assist ENGINEER in serving as OWNER' S liaison with CONTRACTOR when CONTRACTOR' S operations affect OWNER' S on -site operations . 5 . As requested by ENGINEER, assist in obtaining from OWNER additional details or information , when required at the job site for proper execution of the Work . 6 . Shop Drawings and Samples : a . Receive and record date of receipt of Shop Drawings and samples , receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of their availability for examination . b . Advise ENGINEER and CONTRACTOR or his superintendent immediately of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER. 7 . Review of Work, Rejection of Defective Work, Inspections and Tests : a. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is proceeding in accordance with the Contract Documents and that completed Work will conform to the Contract Documents . b . Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents , or does not meet the requirements of any inspections , tests or approval required to be made or has been damaged prior to final payment ; and advise ENGINEER when he believes Work should be corrected or rejected or should be uncovered for observation , or requires special testing, inspection or approval . C . Verify that tests , equipment and systems startups and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel , and that CONTRACTOR maintains adequate records 00800 -35 thereof; observe , record and report to ENGINEER appropriate details relative to the test procedures and startups . d . Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to ENGINEER . 8 . Interpretation of Contract Documents : Transmit to CONTRACTOR engineer's clarifications and interpretations of the Contract Documents . 9 . Modifications : Consider and evaluate CONTRACTOR' S suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER . 10 . Records : a . Maintain at the job site orderly files for correspondence , reports of job conferences , Shop Drawings and samples submissions , reproductions of original Contract Documents including all Addenda , change orders , field orders , additional Drawings issued subsequent to the execution of the Contract, ENGINEER' S clarifications and interpretations of the Contract Documents , progress reports , and other Project related documents . b . Keep a diary or log book, recording hours on the job site , weather conditions , data relative to questions of extras or deductions , list of visiting officials and representatives of manufacturers , fabricators , suppliers and distributors , daily activities , decisions , observations in general and specific observations in more detail as the case of observing test procedures . Send copies to ENGINEER . C . Record names , addresses and telephone numbers of all contractors , Subcontractors and major suppliers of materials and equipment . 11 . Reports : a . Furnish ENGINEER periodic reports as required of progress of the Work and CONTRACTOR' S cornpliance with the approved progress schedule and schedule of Shop Drawing submissions . b . Consult with ENGINEER in advance of scheduled major tests , inspections or start of important phases of the Work . C . Report immediately to ]ENGINEER upon the occurrence of any accident . 12 . Payment Requisitions : Review applications for payment with Contractor for compliance with the established procedure for their submission and forward them with recommendations to ENGINEER , noting particularly their relation to the schedule of values , Work completed and materials and equipment delivered at the site but not incorporated in the Work. 13 . Certificates , Maintenance and Operation Manuals : During the course of the Work, verify that certificates , maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed ; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the Work. 14 . Completion : a . Before ENGINEER issues a Certificate of Substantial Completion , submit to CONTRACTOR a list of observed items requiring completion or correction . b . Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected . C . Verify that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance . 00800 - 36 3 . LIMITATIONS OF AUTHORITY Except upon written instructions of ENGINEER, Resident Project Representative : 1 . Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment. 2 . Shall not exceed limitations on ENGINEER' S authority as set forth in the Contract Documents . 3 . Shall not undertake any of the responsibilities of CONTRACTOR , Subcontractors or CONTRACTOR' S superintendent, or expedite the Work . 4 . Shall not advise on or issue directions relative to any aspect of the means , methods , techniques , sequences orprocedures of construction unless such is specifically called for in the Contract Documents , 5 . Shall not advise on or issue directions as to safety precautions and programs in connection with the Work . 6 . Shall not authorize OWNER to occupy the Project in whole or in part . 7 . Shall not participate in specialized field or laboratory tests . ENI) OF SECTION 00800 - 37 SECTION 00900 ADDENDA (ADDENDA TO BE INSERTED HERE ) ENC) OF SECTION 00900 - 1 SECTION 00901 APPROVED PERMITS ( PERMITS TO BE INSERTED HERE ) ENC) OF SECTION 00901 - 1 DIVISION 1 GENERAL_ REQUIREMENTS SECTION 0 10 10 SUMMARY OF WORK PART 1 — GENERAL 1 . 01 LOCATION OF WORK A . The work is located at the Spoonbill Marsh Wetland Facility , east of U . S . Highway 1 , off 57 `x' Street. This location is north of the North Relief Canal , west of the Grand Harbor parcel and abutting the Indian River Lagoon on the east . To schedule a site visit, contact Art Pfeffer, 772 - 226- 1826 or 772- 571 - 7511 . 1 . 02 SCOPE OF WORK A . The Contractor will furnish and install the Floating Mat System (FMS ) a .k. a floating plant mats and all plant material as required by Indian River County and as depicted in the Contract Specifications, Engineering Plans and Details . The Contractor will provide an Implementation Plan that maximizes the treatment efficiency of the floating plant mat, and provide sufficient quantity at strategic locations , in order to achieve a demonstrable net environmental benefit as defined in Permit FL166511 -002 -IW5A . At a minimum the floating mats will be located at the main points of ingress and egress to each of the major runnels . B . This project will be the installation of 20 , 000 square feet of effective surface area of floating plant mats . FMS is to be deployed at up to 40 specified locations with the initial planting sufficient to provide 80 % aerial coverage within 6 months . The plants to be installed within the mats shall be halophyte, native to Indian River County, Florida . See the Plans and Details for acceptable species . The planting density shall be consistent with the buoyant marine foam being used . The installation includes delivery to the project site of all fabricated mats , plant material and associated hardware. The defined estimated quantity is a maximum and is subject to be increased or decreased based on the unit price bid . C . A FMS shall consist of buoyant marine foam of a heavy duty commercial grade material that will provide sufficient floatation to support planted aquatic vegetation and wildlife without capsizing or sinking . The buoyant marine foam shall have a high surface area to volume ratio in order to enhance periphyton and biofilm growth that will facilitate nutrient removal and improve water quality in a constructed wetland . The FMS must demonstrate the proven ability to withstand marine conditions including anticipated wave action generated by high winds over the longest fetch in the system . Contractor shall provide nitrogen and phosphorus efficiency removal data for the system to be provided . D . Special Requirement : CONTRACTOR shall provide full cost accounting estimates of the Operation and Maintenance cost for a five year cycle . Contractor will provide follow up site visits by trained personnel to assess growth rates and condition of mats for a minimum of one visit per month , for twelve. months (one year) following the installation and planting of the floating plant mats . A Progress Report ( electronic format) shall be submitted monthly documenting rates of plant growth , rates of survival and overall condition of the plant mats . 01010 - 1 The surface of each mat shall have a minimum of 80 % coverage of plants within ( 6) six months ( 180 days ) of completion of installation and planting . The Contractor will replace dead plants within ( 14) fourteen days of being notified by the Owner . 1 . 03 WORK BY OTHERS A . None . 1 . 04 WORK SEQUENCE A . Perform Work to ensure completion of the Work within the Contract Time . Completion dates of the various stages shall be in accordance with the approved construction schedule submitted by the CONTRACTOR . The CONTRACTOR shall provide a written plan and schedule in the event: he desires to perform work from different stages concurrently . A written plan describing the CONTRACTOR ' s intent must be submitted for approval by the OWNER . 1 . 05 CONTRACTOR ' s USE OF PREMISES A . CONTRACTOR shall have use of the premises as indicated on the drawings for the performance of the Work , subject to ongoing work by other contractor ' s and the County . B . Coordinate use of premises with OWNER and ENGINEER . C . CONTRACTOR shall assume full responsibility for security of all his and his subCONTRACTOR ' s materials and equipment stored on the site . D . If directed by the OWNER or ENGINEER, move any stored items which interfere with operations of OWNER or other contractor ' s . E . Obtain and pay for use of additional storage or work areas if needed to perform the Work . F . The CONTRACTOR shall be responsible for obtaining temporary sanitary facilities during construction and all associated costs . 1 . 06 SITE ACCESS AND EXISTING FACILITIES A . Access to the site and equipment delivery is limited to daylight hours of 7 : 00 a . m . to 5 : 00 p . m . , Monday through Friday . Weekend access must be approved by OWNER. All work which interrupts normal system operation shall be scheduled with the OWNER prior to its construction . Scheduling shall include summary of procedures to be taken , date/time of work, and duration of activities . Due to operation issues , the OWNER reserves the right to modify the schedule and restrict time of day and/or date( s) of work ( for both work herein listed and other work not listed but affecting operations) that impacts the system operations . B . The CONTRACTOR shall provide and maintain the current level or a greater level of perimeter site security and restricted public access at all times throughout construction of the project. 01010 -2 1 . 07 CONTRACTOR ' s STAGING , STORAGE , AND STOCKPILE AREA A . The CONTRACTOR shall minimize the quantity of materials stored at the site throughout the construction period . The CONTRACTOR is responsible for properly storing and protecting the area such that adjacent residents , canals , and wetlands are not impacted . The CONTRACTOR shall be solely responsible for implementing theft prevention measures . The OWNER shall bear no responsibility for materials stolen or acts of vandalism . The cost to ftimish and install temporary fencing shall be at the sole expense of the CONTRACTOR . 1 . 08 CONNECTION TO WORK BY OTHERS OR EXISTING LINES A . None . PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION 3 . 01 GENERAL A . The CONTRACTOR shall coordinate installation , planting and restoration work with the OWNER. Unless otherwise indicated, the CONTRACTOR shall be responsible for the sequence of the work . All work shall be performed in accordance with applicable safety rules and regulations . B . The CONTRACTOR shall take precautions to avoid damage to adjacent facilities and to limit the reconstruction activities to the extent indicated . If reconstruction beyond the scope indicated is required , the CONTRACTOR shall obtain approval from the OWNER prior to commencing work . 3 . 02 DISPOSAL A . Removal of debris , where necessary , shall minimize interference with roads , streets , walks , and other adjacent occupied or used facilities which shall not be closed or obstructed without permission from the OWNER. Alternate routes shall be provided around closed or obstructed traffic ways . B . Site debris , rubbish , and other materials resulting from installation and planting operations shall be legally removed and disposed of at the CONTRACTOR ' s expense . C . Refuse , debris, and waste materials resulting from demolition and site clearing operations shall not be burned . All refuse and waste material shall be disposed of at the IRC Landfill with the CONTRACTOR paying all transportation and disposal fees . END OF SECTION 01010 -3 SECTION 01025 MEASUREMENT AND PAYMENT PART 1 — GENERAL 1 . 01 GENERAL Measurement and payment will be based upon work completed and accepted in accordance with the Contract Documents . No separate payment will be made for incidental items of work not shown in the Agreement . 1 . 02 EQUIPMENT AND MATERIALS IN STORAGE Partial payment for materials in proper storage at the site of the work or other approved storage site will be made for those items for which the Contractor has submitted paid invoices to the Owner. The partial payment for stored materials will be 50% of the value of' materials , based on receipted bills , fiimished but not incorporated in the work, as determined by Owner. 1 . 03 MEASUREMENT A . Mobilization : Measurement shall be on a lump sum basis , and shall be limited to the following maximum amounts : ORIGINAL CONTRACT AMOUNT ( $) MAXIMUM AMOUNT OF FROM MORE THAN TO AND INCLUDING ITEM FOR MOBILIZATION 0 1003000 31000 1001000 5003000 151000 500 , 000 1005000 301000 Should the lump sum price bid for the item Mobilization exceed the maxirnum permissible amount for this item , as specified herein , the bid price will be reduced to the maximum permissible amount, and the reduced price will be used in correctly determining the total price; for comparison of bids received . B . Payment will be based on a square foot measurement of installed floating mat with plant material properly anchored and tethered . PAYMENT Payment will be made at the respective contract unit and/or lump sum price for each item shown in the Agreement, installed and accepted , which price and payment shall constitute full compensation for fumishing all materials and performing all work in connection therewith and incidental thereto . 1 . 05 RESTORATION OF DAMAGED SURFACES , STRUCTURES AND PROPERTY Where pavement, trees , shrubbery , fences , or other property or surface structures not designated as pay items have been damaged , removed, or disturbed by the Contractor, m m J� _ i whether deliberately or through failure to carry out the requirements of the Contract Documents , state laws , municipal ordinances , or the specific direction of the Owner, or through failure to employ usual and reasonable safeguards , such property and surface structures shall be replaced or repaired at the expense of the Contractor to a condition equal to that before work began within a time frame approved by the Owner . * * END OF SECTION n1 m. 5 - 2 SECTION 01035 CHANGE ORDER PROCEDURES PART 1 - GENERAL 1 . 01 REQUIREMENTS INCLUDE A . Promptly implement Change Order Procedures I . Provide full written data required to evaluate changes . 2 . Maintain detailed records of work done on a time- and-material /force - account basis . 3 . Provide full documentation to Owner on request . B . Designate in writing the member of Contractor ' s organization : 1 . Who is authorized to accept changes in the Work, 2 . Who is responsible for informing others in the Contractor ' s employ of the authorization of changes in the Work. C . Owner will designate in writing the person who is authorized to execute Change Orders . 1 . 02 RELATED REQUIREMENTS A . The amount of established unit prices . B . Conditions of the Contract : 1 . Methods of determining cost or credit to Owner resulting from changes in Work made on a time- and - materials basis . 2 . Contractor ' s claims for additional costs . C . Applications for Payment are included in Section 01052 . D . Construction Schedules is included in Section 0131 1 . E . Schedule of Values is included in Section 01370 . 1 . 03 DEFINITIONS A . Change Order : See General Conditions 1 . 04 PRELIMINARY PROCEDURES A . Owner may initiate changes by submitting a proposal Request to Contractor . Request will include the following : I . Detailed description of the Change, Products, and location of the change in the Project . 2 . Supplementary or revised Drawings and Specifications . 3 . The projected time span for making the change, and a specific statement as to whether overtime work is , or is not, authorized . 4 . A specific period of time during which the requested price will be considered valid . 01035 - 1 5 . Such request is for information only , and is not an instruction to execute the changes , nor to stop work in progress . B . Contractor may initiate changes by submitting a written notice to Owner, containing : I . Description of the proposed changes 2 . Statement of the reason for making the changes . 3 . Statement of the effect on the Contract Sum and the Contract Time . 4 . Statement of the effect on the work of separate contractors . 5 . Documentation supporting any changes in Contract Sum or Contract Time, as appropriate . 1 . 05 CONSTRUCTION CHANGE AUTHORIZATION A . In lieu of Proposal Request, Owner may issue a " Work Directive Change " for Contractor to proceed with a change for subsequent inclusion in a Change Order. B . Authorization will describe changes in the work, both additions and deletions , with attachments of revised Contract Documents to define details of the change . C . Owner will sign and date the Work Directive Change as authorization for the Contractor to proceed with the Changes . 1 . 06 DOCUMENTATION OF PROPOSALS AND CLAIMS A . Support each quotation for a lump sum proposal , and for each unit price which has not previously been established , with sufficient substantiating data to allow Owner to evaluate the quotation . B . On request, provide additional data to support tirne and cost computation including the following : I . Labor required . 2 . Equipment required . 3 . Products required : a . Recommended source of purchase and unit cost. b . Quantities required . 4 . Taxes , insurance bonds . 5 . Credit for work deleted from Contract, similarly documented . 6 . Overhead and profit. 7 . Justification for any change in Contract Time . C . Support each claim for additional costs , and for work done on a time- and - material / force account basis , with documentation as required fora hung sum proposal , plus the following additional information : 1 . Name of the Owner' s authorization agent who ordered the work, and date of the order. 2 . Dates and time work performed , and by whom . 3 . Time record , sununary of hours worked , and hourly rates paid . 4 . Receipts and invoices for : a . Equipment used , listing dates and times of use . b . Products used , listing quantities . C . Subcontracts . 01035 - 2 D . Document requests for substitutions for Products as specified in Section 01630 . 1 . 07 PREPARATION OF CHANGE ORDERS A . Owner will prepare each Change Order . B . Form : Change Order format provided in the Contract Documents . C . Change Order will describe changes in the Work, both additions and deletions, with attachments of revised Contract Documents to define details of change . D . Change Order will provide an accounting of the adjustment in the Contract Sum and in the Contract Time . 1 . 08 LUMP SUM / FIXED PRICE CHANGE ORDER A . Content of Change Orders will be based on either : 1 . Owner ' s Proposal Request and Contractor ' s responsible Proposal as mutually agreed upon between Owner and Contractor. 2 . Contractor ' s Proposal'. for a change , as recommended by Engineer. B . Owner will sign and date the Change Order as authorization for the contractor to proceed with the changes . C . Contractor shall sign and date the Change Order to indicate agreement with the terms therein . 1 . 09 UNIT PRICE CHANGE ORDER A . Content of Change Orders will be based on , either : 1 . Owner definition of the scope of the required changes . 2 . Contractor ' s Proposal for a change , as recommended by Owner . 3 . Survey of completed work B . The amount of the unit prices shall be : 1 . Those stated in the Agreement. 2 . Those mutually agreed upon between Owner and Contractor. C . When quantities of each of the items affected by the Change Order can be determined prior to start of the work : 1 . Owner will sign and date the Change Order as authorization for Contractor to proceed with the changes . 2 . Contractor shall sign and date the Change Order to indicate agreement with the terms therein . D . When quantities of the items cannot be determined prior to start of the work : 1 . Owner will issue a Change Order directing Contractor to proceed with the change on the basis of unit prices, and will cite the applicable unit prices . 2 . At completion of the change , Owner will determine the cost of such work based on the unit prices and quantities used . a . Contractor shall submit documentation to establish the number of units of each item and any claims for a change in Contract Time . 01035 - 3 3 . Owner will sign and date a second Change Order to establish the change in Contract Sum and in Contract Time . 4 . Owner and Contractor will sign and date the second Change Order to indicate their agreement with the terms therein . 1 . 10 TIME AND MATERIAL / FORCE ACCOUNT CHANGE ORDER / CONSTRUCTION AUTHORIZATION A . Owner will issue a Work Directive Change directing Contractor to Proceed with the changes on a time- and - maternal / force account basis . B . At completion of the change, Contractor shall submit itemized accounting and supporting data as provided in the Article "Documentation of Proposals and Claims " of this section . C . Owner will determine the allowable cost of such work, as provided in General Conditions and Supplementary Condition . D . Owner will sign and date the Change Order to establish the change in Contract Sum and in Contract Time . E . Owner and Contractor will sign and date the Change Order to indicate their agreement therein . 1 . 11 CORRELATION WITH CONTRACTOR ' S SUBMITTALS A . Contractor shall periodically revise Schedule of Values and Request for Payment forms to record each change as a separate item of Work, and to record the adjusted Contract Sum . B . Contractor shall periodically revise the Construction Schedule to reflect each change in Contract Time . I . Revise sub- schedules to show changes for other items of work affected by the changes . C . Upon completion of work under a Change Order, enter pertinent changes in Record Documents . PART 2 - PRODUCTS Not Applicable PART 3 - EXECUTION Not Applicable END OF SECTION 01035 -4 SECTION 01052 APPLICATIONS .FOR PAYMENT PART1 - GENERAL 1 . 01 REQUIREMENTS INCLUDED A . Submit Applications for Payment to Owner in accordance with the schedule established by Conditions of the contract and Agreement between Owner and Contractor. B . The accepted Schedule of Values , Section 01370 , shall be used as the basis for the CONTRACTOR ' S Application for Payment . 1 . 02 RELATED REQUIREMENTS A . In other parts of the Construction Documents : 1 . Agreement between Owner and Contractor 2 . General Conditions of the Contract 3 . Article 14 — Payments to Contractor and Completion B . Specified in Other Sections : 1 . Summary of Work is :included in Section 0 10 10 . 2 . Contract Closeout is included in Section 01700 . 1 . 03 FORMAT AND DATA REQUIRED A . Submit itemized applications typed in a format approved by Owner. All applications for payment must be numbered , dated , and signed by the Contractor . B . Provide itemized data on payment application (format, schedules , line items and values accepted by Owner) . 1 . 04 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A . Application Form : 1 . Fill in required information , including that for Change Orders executed prior to the date of submittal of application 2 . Fill in summary of dollar values 3 . Execute certification with the signature of a responsible officer of the contract firm 4 . Contractor to review and sign application prior to submission to Owner . 1 . 05 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A . When the Owner requires substantiating data, Contractor shall submit suitable information , with a cover letter identifying : 1 . Project 2 . Application number and date 3 . Detailed list of enclosures 01052 - 1 4 . For stored products : a . Item number and identification b . Description of specific material B . Submit one copy of data and cover letter for each copy of application . 1 . 06 PREPARATION OF APPLICATION FOR FINAL PAYMENT A . Application for payment is required for progress payments B . Only one application will be acceptable in any one month 1 . 07 SUBMITTAL PROCEDURE A . Submit Applications for Payment to Owner at the time stipulated in the Agreement B . Number : Five copies of each progress Application PART 2 — PRODUCTS Not applicable PART 3 — EXECUTION Not applicable END OF SECTION 01052 -2 S ECTION 01060 REGULATORY REQUIREMENTS AND NOTIFICATION PART 1 — GENERAL 1 . 01 PERMITS REQUIRED A . The Spoonbill Marsh Wetland. Facility has been permitted though the Florida Department of Environmental Protection , St John ' s Water Management District and the Army Corp of Engineers, as well as County building permits . No additional permits are required for the Floating Mat System . 1 . 02 NOTIFICATION A . Indian River County : The Contractor is required to notify the Indian River County Utilities Department 48 hours prior to initiating construction ( Art Pfeffer 772 -226 - 1826 or 772 - 571 - 7511 ) . B . The Contractor shall give the Owner not less than seven ( 7) calendar days notice of the time and place (or places) where he will start the work. C . If should the Contractor's excavating operations encounter prehistoric remains or artifacts of historical or archeological significance, the operations shall be temporarily discontinued in that area and the Engineer shall be notified. The Engineer will consult archaeological authorities and determine the disposition of the remains or artifacts . The Contractor agrees that he will make no claim for additional payment or for extension of time because of any delays in or alteration of his procedure due to removal of any such remains or artifacts . An archeological survey has been performed . END OF SECTION 01060 - 1 SECTION 01090 REFERENCE STANDARDS PART 1 — GENERAL 1 . 01 REQUIREMENTS INCLUDED Abbreviations and acronyms used in Contract Documents to identify reference standards . 1 . 02 QUALITY ASSURANCE A . Application : When a standard is specified by reference , comply with requirements and recommendations stated in that standard , except when requirements are modified by the Contract Documents , or applicable codes establish stricter standards . B . Publication Date : The publication in effect on the date of issue of Contract Documents , except when a specific publication date is specified . 1 . 03 ABBREVIATIONS , NAMES , AND ADDRESSES OR ORGANIZATIONS A . Obtain copies of reference standards direct from publication source , when needed for proper performance of work, or when required for submittal by Contract Documents , B . The following as appropriate to project , is a list of referenced standards and their mailing addresses for requesting copies of standards : AA Aluminum Association 818 Connecticut Avenue , NW Washington , D . C . 20006 AABC Associated Air _Balance Council 1000 Vermont Avenue , NW Washington , D . C . 20005 AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, NW Washington , D . C . 20001 ACI American Concrete Institute Box 19150 Redford Station Detroit, MI 48219 ADC Air Diffusion council 435 North Michigan Avenue Chicago , IL 60611 01090 - 1 Al Asphalt Institute Asptialt Institute Building College Park, MD 20740 AISC American Institute of Steel Construction 1221 Avenue of the Americas New York, NY 10020 AISI American Iron and Steel Institute 1000 16 °i Street, NW Washington , D . C . , 20036 AMCA Air Movement and Control Association 30 West University Drive Arlington Heights , IL 60004 ANSI American National Standards Institute 1430 Broadway New York, NY 10018 ARI Air Conditioning and Refrigeration Institute 1815 North Fort Myer Drive Arlington VA 22209 ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers 345 East 47 °i Street New York, NY 10017 ASME American Society of Mechanical Engineers 345 East 47 `x' Street New York, NY 10017 ASPA American Sod Producers ' Association Association Building Ninth and Minnesota Hastings , NE 68901 ASSE American Society of Sanitary Engineers 960 Illuminating Building Cleveland , OH 44113 ASTM American Society for Testing and Materials 1916 ]Race Street Philadelphia , PA 19103 AWI Architectural Woodwork Institute 2310 South Walter Reed Drive Arlington , VA 22206 01090 -2 AWPA American Wood -Preservers Association 7735 Old Georgetown Road Bethesda , MD 20014 AWS American Welding Society 2501 NW 7th Street Miami , FL 33125 AWWA American Water Works Association 6666 W . Quincy Avenue Denver, CO 80235 CDA Copper Development Association 57 'h .Floor, Chrysler Building 405 Lexington Avenue New York, NY 10017 CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue Washington , D . C . 20036 CRSI Concrete Reinforcing Steel Institute 180 North LaSalle Street, Suite 2110 Chicago , IL 60601 FDOT Florida Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32301 FM Factory Mutual System 1151 Boston -Providence Turnpike Norwood , MA 02062 FS Federal Specifications General. Services Administration Specifications and Information Distribution Section (WFSIS ) Washington Navy Yard , Bldg . 197 Washiington , D . C . 20407 GA Gypsum Association 1603 Orrington Avenue Evanston , IL 60201 MFMA Maple Flooring Manufacturers Association 2400 East Devon , Suite 205 Des Plaines , IL 60018 01090-3 MIL Military Specification Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia , .PA 19120 MLSFA Metal Lath / Steel Framing Association 221 North LaSalle Street Chicago , IL 60601 NAAMM National Association of Architectural Metal Manufacturers 221 North LaSalle Street Chicago , IL 60601 NEBB National Environmental Balancing Bureau 8224 Old Courthouse Road Vienna, VA 22180 NEMA National Electrical Manufacturers Association 2101 L Street, NW Washington , D . C . 20037 NFPA National Fire Protection Association 470 Atlantic Avenue Boston , MA 02210 NEPA National Forest Products Association 1619 Massachusetts Avenue , NW Washington , D . C . 20036 NOFMA National Oak Flooring Manufacturers Association 804 Sterick Building Memphis , TN 38103 NSF National Sanitation Foundation NSF Building 3475 Plymouth Road Ann Arbor, MI 48106 NSWMA National Solid Waste Management Association 1120 Connecticut Avenue , NW Washington , D . C . 20036 NTMA National Terrazzo and Mosaic Association 3166 Des Plaines Avenue .Des Plaines, IL 60018 PCA Portland Cement Association 5420 Old Orchard Road Skokif: , IL 20076 01090 -4 PCI Prestressed Concrete Institute 20 North Wacker Drive Chicago , IL 60606 PS Product Standard U . S . Department of Commerce Washington , D . C . 20203 RCSHSB Red Cedar Shingle and Handsplit Shake Bureau 515 116'x' Avenue Bellevue , WA 98004 SDI Steel Deck Institute Box 3812 St . Louis , MO 63122 SDI Steel Door Institute 712 Lakewood Center North Cleveland, OH 44107 SIGMA Sealed Insulating Glass Manufacturers Association 111 East Wacker Drive Chicago , IL 60601 SJI Steel Joint Institute 1703 Parham Road , Suite 204 Richmond , VA 23229 SMACNA Sheet Metal and Air Conditioning Contractor ' s National Association 8224 Old Courthouse Road Vienna , VA 22180 TCA Technical Aid Series Construction Specifications Institute 1 150 Seventeenth Street, NW Washington , D . C . 20036 TCA Tile Council of America, Inc . Box 326 Princeton , NJ 08540 UL Underwriters Laboratories , Inc . 333 Pfingston Road Northbrook, IL 60062 01090 -5 PART 2 - PRODUCTS Not Applicable PART 3 - EXECUTION Not Applicable ENID OF SECTION 01090 - 6 SECTION 01170 SPECIAL PROVISIONS PART 1 — GENERAL 1 . 01 HURRICANE PREPAREDNESS PLAN A . Within 30 days of the date of Notice to Proceed , submit a Hurricane Preparedness Plan to the Owner for approval . The Plan shall describe in detail the necessary measures which the Contractor will perform , at: no additional costs to the Owner, in case of a hurricane warning . Revise Plan as required by the Owner . 1 . 02 WEATHER PROTECTION A . In the event of inclement weather, the Contractor shall protect the Work and materials from damage or injury from the weather . If, in the opinion of the Owner, any portion of the Work or materials has been damaged by reason of failure on the part of the Contractor to so protect the Work, such Work and materials shall be removed and replaced with new materials and Work to the satisfaction of the Owner. 1 . 03 PROVISIONS FOR CONTROL OF EROSION A . Sufficient precautions shall be taken during construction to minimize the run -off of polluting substances such as silt, clay, fuels , oils , bitumens , calcium chloride , or other polluting materials harmful to humans , fish , or other life, into the supplies and surface waters of the State . Control measures must be adequate to assure that turbidity in the receiving water will not be increased more than 10 nephelometric turbidity units (NTU) , or as otherwise required by the State or other controlling body, in water used for public water supply or fish unless limits have been established for the particular water. In surface water used for other purposes , the turbidity must not exceed 25 NTU unless otherwise permitted . Special precautions shall be taken in the use of construction equipment to prevent operations which promote erosion . 1 . 04 WARRANTIES A . The Contractor shall provide a minimum of one site visit per month by a trained personnel for a period of twelve months , (one year) , following completion and acceptance of the floating plant mats and plants, to assess growth rates and the condition of the mats . The floating plant mats shall have a minimum of 80 % coverage within 6 months and a plant survival rate of 80 % after one year. 1 . 05 PROVISIONS FOR THE CONTROL OF DUST AND LITTER A . Sufficient precautions shall be taken during installation to minimize the amount of dust created . Wetting down the site may be required or as directed by the Owner to prevent dust as a result of vehicular traffic . Control of blowing litter shall be the responsibility of the Contractor. 01170- 1 l . 06 ON SITE STORAGE A . The Contractor's attention is invited to special storage requirements and possible charges for noncompliance of on-site storage requirements for materials and equipment as specified in Section 01600 . 1 . 07 EMERGENCY PHONE NUMBERS AND ACCIDENT REPORTS A . Emergency phone numbers (fire , medical , police , and Contractor ' s emergency after hours number) shall be posted at the Contractor's phone and its locations be made to known to all . B . Accidents shall be reported imimediately to the Owner by messenger or phone . C . All accidents shall be documented by the Contractor and a fully detailed written report submitted by the Contractor to the Owner after each accident. END OF SECTION 01170 -2 SECTION 01200 PROJECT MEETINGS PART 1 — GENERAL 1 . 01 REQUIREMENTS INCLUDED A . The Contractor shall cooperage and coordinate with the Owner 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 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 . Shop Drawings, Working Drawings and Samples are included in Section 01340 . D . Contract Closeout is included in Section 01700 . E . Operating and Maintenance Data is included in Section 01730 . 1 . 03 PRE- CONSTRUCTION MEETING A . Schedule a preconstruction meeting no later than 10 days after date of Notice to Proceed . B . Location : A central site, convenient for all parties , designated by the Owner . C . Attendance I . Owner' s Representative . 2 . Resident Project Representative. 4 . Contractor' s Superintendent . 5 . Major suppliers . 01200- 1 6 . Others as appropriate. D . Suggested Agenda 1 . 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, 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 15 days after the pre - construction meeting or 15 days after the date of Notice to Proceed . B . Hold called meetings as required by progress of the work . C . Location of the meetings : Projectfield office of Contractor or Resident Project Representative. D . Attendance I . Contractor 2 . Owner ' s representatives 3 . Subcontractors as appropriate to the agenda. 5 . Suppliers as appropriate to the agenda . 6 . Others as appropriate . E . Suggested Agenda I . Review, approval of miinutes of previous meeting . 2 . Review of work progress since previous meeting . 3 . Field observations , problems and conflicts . 4 . Problems which impede Construction Schedule . 01200 - 2 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 . G . Provide a current submittal lol; at each progress meeting in accordance with Section 01340 . PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION (NOT USED) END OF SECTION 01200- 3 SECTION 01311 CONSTI,; UCTION SCHEDULES PART 1 — GENERAL 1 . 01 REQUIREMENTS INCLUDED A . Promptly after award of the Contract, Contractor shall prepare and submit to the Owner 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 becorne part of Contract Documents after approval by Owner . 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 . 01 and 6 . 02 — Supervision by Contractor C . Article 15 — Supervision of Work, Termination , and Delay B . Specified in other sections : I . Summary of Work is included in Section 0 10 10 . 2 . Submittals is included in Section 01340 . 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 : 24 inch by 36 inch 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 . 3 . Show projected percentage of completion for each item , as of the first day of each month . 01311 - 1 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; will review schedules for information onlay . Submit to Owner, one ( 1 ) electronic copy of the initial schedule . B . Submit to the Owner, one ( 1 ) revised schedule within 14 calendar days of approval of the initial schedule . C . Submit revised progress schedules with each application for payment or monthly, whichever is the shortest period . Submit one ( 1 ) electronic copy of the updated schedule . Along with the updated schedule , submit : 1 . A narrative report. 2 . An updated summarized milestone schedule to reflect current project status . Identify any changes invoiced or contemplated to the original program plan . 1 . 07 DISTRIBUTION A . Distribute copies of approved schedules to : 1 . Owner 2 . Job site file 3 . Subcontractors 4 . Other concerned parties 5 . Owner (two copies) 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 3 . 01 RESPONSIBILITY FOR SCHEDULE COMPLIANCE 01311 - 2 A . The Contractor agrees that whenever it becomes apparent from the current monthly schedule that delays to the critical path have resulted , and hence, that the contract completion date will not be met or when so directed by the Owner, he will take some or all of the following actions at no additional cost to the Owner, submitting to the Owner for approval , a written statement of the steps lie intends to take to remove or arrest the delay to the critical path in the approved schedule . l . Increased construction manpower in such quantities and crafts as will substantially eliminate, in the judgment of the Owner, the backlog of Work. 2 . Increase the number of working hours per shift, shifts per working days per week, the amount of construction equipment, or any combination of the foregoing, sufficiently to substantially eliminate, in the judgment of the Owner, the backlog of work. 3 . Reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and comply with the revised schedule . 4 . Costs incurred by the Owner arising from such lengthening of hours , including furnishing of Inspectors , shall be the Contractor ' s responsibility and shall be deducted from monies due him . Failure of the Contractor to comply with the requirements of the Owner may be grounds for determination by the Owner that the Contractor is not proceeding at such rates as will insure completion within the specified time and may result in the termination of the right of the Contractor to continue the Work . 3 . 02 ADJUSTMENT OF CONTRACT SCHEDULE AND COMPLETION TIME A . If the Contractor desires to make changes in his method of operating which affect the approved schedule , he shall notify the Owner in writing stating what changes are proposed and the reason for the change . If the Owner approves these changes, the Contractor shall revise and submit for approval , without additional cost to the Owner, all of the affected portion of the schedule . The schedule shall be adjusted by the Contractor only after prior approval of his proposed changes by the Owner . B . Adjustments may consist of changing portions of the activity sequence and/or activity durations, division of approved activities, or other adjustments as may be approved by the Owner. The addition of extraneous , non -working activities and/or activities which add unapproved restraints to the schedule shall not be approved . C . If the completion of any activity , whether or not critical , falls more than 100 percent behind its approved duration , the Contractor shall submit for approval a schedule adjustment showing each such activity divided into two activities reflecting completed versus uncompleted work. D . Shop drawings which are not approved on the First submittal or within the scheduled time shall be immediately rescheduled , as well as pipelines and tanks which do not pass leak tests . E . The contract completion time will be adjusted only for causes specified in this contract. In the event the Contractor requests an extension of any contract completion date , he shall furnish such justification and supporting evidence as the Owner may deem necessary for determination as to whether the Contractor is entitled to an extension of time under the provisions of the contract. Owner will , after receipt of such justification and supporting evidence make findings of fact and will advise the Contractor in writing thereof. If the Owner finds that the Contractor is entitled to any extension of any contract 01311 - 3 completion date under the provisions of this contract, the Owner ' s determination as to the total number of days of extension shall be based upon the currently approved schedule and on all data relevant to the extension . Such data shall be included in the next monthly updating of the schedule . The Contractor acknowledges and agrees that actual delays in activities which , according to the schedule, do not affect any contract completion date shown by the critical path in the schedule do not have any affect on the contract completion date or dates , and therefore , will not be the basis for a change therein . F . From time to time it may be necessary for the contract schedule and/or completion time to be adjusted by the Owner to reflect the effects of job conditions, weather, technical difficulties , strikes , unavoidable delays on the part of the Owner or his representatives , and other unforeseeable conditions which may indicate schedule adjustments acid/or completion time extension . Under such conditions, the Contractor shall reschedule the work and/or contract completion time to reflect the changed conditions and the Contractor shall revise his schedule accordingly . No additional compensation shall be made to the Contractor for such schedule changes except for unavoidable overall contract time extensions beyond the actual completion of all unaffected work in the contract, in which case the Contractor shall take all possible action to minimize any time extension and any additional cost to the Owner . It is specifically pointed out that the use of available float time in the schedule may be used by the Owner as defined by the Engineer, as well as by the Contractor . Float time is defined as the amount of time between the early start date, and the late start date, or the early finish date and the late finish date, of any of the activities in the schedule . G . The Owner controls the float time in the approved schedule and , therefore, without obligation to extend either the overall completion date or any intermediate completion dates set out in the schedule , the Owner may initiate changes to the contract work that absorb float time only . Owner- initiated changes that affect the critical path on the approved schedule shall be the sole grounds for extending (or contracting) said completion dates . Contractor- initiated changes that encroach on the float time identified in the approved schedule may be accomplished with the Owner ' s concurrence . Such changes , however, shall give way to Owner- initiated changes competing for the same float time . 3 . 03 COORDINATING SCHEDULES WITH OTHER CONTRACT SCHEDULES A . Where work is to be perfonned under this contract concurrently with and/or contingent upon work performed on the same facilities or area under other contracts , the Contractor ' s schedule shall be: coordinated with the schedules of the other contracts . The Contractor shall obtain the schedules of the other appropriate contracts from the Owner for the preparation and updating of his schedule and shall make the required changes in his schedule when indicated by changes in corresponding schedules . END OF SECTION 01311 - 4 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 . This log should include the following items : 1 . Submittal -Description and File number assigned . 2 . Date returned to Contractor . 3 . Status of submittal (REVIEWED , NO COMMENTS ; REVIEWED COMMENTS AS NOTED ; REJECTED , REVISE AND RESUBMIT ; or NOT REVIEWED) . 4 . Date of resubmittal and return ( as applicable) . 5 . Date material released for fabrication . 6 . Projected date of fabrication . 7 . Projected date of delivery to site. 8 . Status of O &M submittal . 1 . 02 SHOP DRAWINGS , PRODUCT DATA , SAMPLES A . Shop Drawings 1 . Shop drawings as specified in individual Sections include , custom - prepared data such as fabrication and installation (working) drawings, scheduled infonnation , setting diagrams, actual shop work manufacturing instructions, custom templates, coordination drawings and test reports including perfonnance 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. 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 01340 - 1 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 I . Product data as specified in individual Sections include, standard prepared data for manufactured products (sometimes 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 , maintenance instructions and printed product warranties , as applicable to the work: . 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 , T hereby represent that I have determined and verified all field measurements , field construction criteria, materials, dimensions , catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings and all Contract requirements . " Shop drawings and product data sheets l 1 -inch by 17 -inch and smaller shall be bound together in an orderly fashion and bear the above Certification Statement 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 " 1 " for original submittal , " 1 A " for first resubmittal and so forth , (for example : 15050 - 1 , 15050 - 1 Al 15050 - IB . . . ) 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 fronn 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 . 01340-2 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. The 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 : I . Shop Drawings : Submit the number of opaque reproductions which the contractor requires , plus five ( 5 ) copies which will be retained by the Owner . 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 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 . IL A blank space suitably sized for Contractor 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 Geld 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 . 01340- 3 L05 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 Owner finds of interest and to be so minor as not to involve a change in Contract Price or Contract Time , the Owner may return the reviewed drawings 'without noting an exception . D . When reviewed by the Owner each of the Shop Drawings will be identified as having received such review being so stamped and elated . 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 Owner on the previous submission . Additionally, the Contractor shall direct specific attention to any revisions made other than the corrections requested by the Owner on previous submissions . F . Partial submittals may not be reviewed . The Owner 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 E\Owner may at his option provide a list or mark the submittal directing the Contractor to the areas that are incomplete . G . Repetitive Review I . 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 Owner and at the Contractor ' s expense . Submittals are required until approved , 2 . Any need for more than one resubmission , or any other delay in obtaining Owner ' s review of submittal will not entitle Contractor to extension of the contract time . 01340 -4 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 Owner, the Contractor shall carry out the construction in accordance therewith and shall make no further changes therein except upon written instructions from the Owner . 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 Owner . Number of copies shall be as directed by the Owner but shall not exceed five . 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. END OF SECTION 01340- 5 SECTION 01370 SCHEDULE OF VALUES PART 1 — 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, 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 '/2- inch by 1 l - inch or 8 '/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 Owner upon Contractor' s request. Identify schedule with : I . Title of Project and location . 2 . 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 Owner . 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 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. D . 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 DELIVERY, STORAGE AND HANDLING PART 1 — GENERAL 1 . 01 SCOPE OF WORK A . This Section specifies the general requirements for the delivery handling, storage and protection for all items required in the construction of the work. Specific requirements , if any , are specified with the related item . 1 . 02 TRANSPORTATION AND DELIVERY A . Transport and handle items in accordance with manufacturer' s instructions . B . Schedule delivery to reduce long term on - site storage prior to installation and/or operation . Under no circumstances shall equipment be delivered to the site more than one month prior to installation without written authorization from the Owner. C . Coordinate delivery with installation to ensure minimum holding time for items that are hazardous , flammable , easily damaged or sensitive to deterioration . D . Deliver products to the site in manufacturer' s original sealed containers or other packing systems, complete with instructions for handling, storing, unpacking, protecting and installing . E . All items delivered to the site shall be unloaded and placed in a manner which will not hamper the Contractor' s normal construction operation or those of Subcontractors and other Contractors and will not interfere with the flow of necessary traffic . F . Provide necessary equipment and personnel to unload all items delivered to the site . G . Promptly inspect shipment to assure that products comply with requirements, quantities are correct and items are undamaged . NotifyOwner verbally , and in writing , of any problems . 1 . 03 STORAGE AND PROTECTION A . Store and protect products in accordance with the manufacturer' s instructions, with seals and labels intact and legible. Storage instruction shall be studied by the Contractor and reviewed with the Owner . Instruction shall be carefully followed and a written record of this kept by the Contractor . Arrange storage to permit access for inspection . B . Store loose granular materials on solid flat surfaces in a well - drained area . Prevent mixing with foreign matter. END OF SECTION 01600- 1 SECTION 01610 MATERIAL AND EQUIPMENT PART 1 — GENERAL 1 . 01 SCOPE OF WORK A . Material and equipment incorporated into the work : 1 . Conform to applicable specifications and standards . 2 . Comply with size, type quantity and quality specified , or as specifically approved in writing by the Owner . 1 . 02 RELATED WORK A . Conditions of the Contract B . Summary of Work is included in Section 0 10 10 . C . Special Provisions is included in Section 01170 . D . Submittals are included in Section 01340 . E . Substitutions and Product Options are included in Section 01630 . F . Cleaning is included in Section 01710 . G . Operating and Maintenance Data is included in Section 01730 . H . Warranties and Bonds are included in Section 01740 . 1 . 03 APPROVAL OF MATERIALS 1 . 04 MANUFACTURER' S INSTRUCTIONS FOR INSTALLATION (NOT USED ) 1 . 05 TRANSPORTATION AND HANDLING A . Arrange deliveries of products in accord with construction schedules , coordinate to avoid conflict with work and conditions at the site . B . Provide equipment and personnel to handle products by methods to prevent soiling or damage to the site . 1 . 06 STORAGE AND PROTECTION A . Equipment shall not be shipped until approved by the Owner . The intent of this requirement is to reduce on - site storage time prior to installation . Under no circumstances shall equipment or plants be delivered to the site more than one month prior to installation without written authorization from the Owner . 01610 - 1 1 . 07 SPECIAL TOOLS (NOT USED) 1 . 08 STORAGE AND HANDLING OF EQUIPMENT ON SITE (NOT USED) 1 . 09 WARRANTY A . Each floating plant mat in the FMS shall be in good condition , have a minimum of 80% coverage of living healthy halophyte plant communities and be securely anchored and tethered in the specified location for a period of one full year from the time the Owner accepts the project as complete and processes the Final Payment Application . This will be the Contractor ' s responsibility at no additional charge to the Owner . 1 . 10 SPARE PARTS (NOT USED) 1 . 11 GREASE, OIL AND FUEL (NOT USED) PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION (NOT USED) END OF SECTION 01610 - 2 SECTION 01630 SUBSTITUTIONS AND PRODUCT OPTIONS PART 1 — GENERAL 1 . 01 REQUIREMENTS INCLUDED A . Furnish and install products specified, under options and conditions for substitutions stated in this Section . B . Whenever a product, material or item of equipment is specified or described by using the name of a proprietary product or the name of a particular manufacturer or vendor, followed by the phase " or equal , " the specific item mentioned shall be the basis upon which bids are to be prepared , and shall be understood as establishing the type , fimction , dimension , appearance and quality desired . Other manufacturer's or vendor' s products not named will be considered as substitutions , provided the required information is submitted in the manner set forth in this section and provided the substitution will not require substantial revision to the Contract Documents . 1 . 02 RELATED WORK A . Bid Form is included in Division 0 . B . Change Order Procedures are included in Section 01035 . 1 . 03 SUBMITTAL OF LIST OF PROPOSED SUBSTITUTIONS A . Bidders shall submit their list of proposed substitutions and the proposed monetary changes associated therewith to the Owner on the standard fonn provided together with their bids . 1 . 04 CONTRACTOR' S OPTIONS A . For Products specified only by reference standard , select product meeting that standard , by any manufacturer. B . For Products specified by naming several products or manufacturers , select any one of products and manufacturers named which complies with Specifications . C . For products specified by naming one or more products or manufacturers and stating " or equal , " submit a request as for substitutions, for any product or manufacturer which is not specifically named . D . For products specified by naming only one product and manufacturer, there is no option and no substitution will be allowed . 01630 - 1 1 . 05 SUBSTITUTIONS A . In order for substitutions to be considered, the Contractor shall submit, within 30 days of issuance of Notice of Award, complete data as set forth herein to permit complete analysis of all proposed substitutions noted on his substitutions list . No substitution shall be considered unless the Contractor provides the required data in accordance with the requirements of this Section within the 30 day period . B . Submit separate request for each substitution . Support each request with : 1 • Complete data substantiating compliance of proposed substitution with requirements stated in Contract Documents : a . Product identification , including manufacturer' s name and address . b • Manufacturer' s literature; identify : 1 ) Product description . 2 ) Reference standards . 3 ) Performance and test data . 4) Operation and maintenance data . C . Samples, as applicable . d . Name and address of similar projects on which product has been used, and date of each installation . 2 . Itemized comparison of the proposed substitution with product specified ; List significant variations . Substitution shall not change design intent and shall perform equal to that specified. 3 . Data relating to impact on construction schedule occasioned by the proposed substitution . 4 . Any effect of substitution on separate contracts . 5 . List of changes required in other work or products . 6 . Accurate cost data comparing proposed substitution with product specified . a. Amount of any net change to Contract Sum . 7 . Designation of required license fees or royalties . 8 . Designation of availability of maintenance services, sources of replacement materials . C . Substitutions will not be considered for acceptance when : 1 . They are indicated or implied on shop drawings or product data submittals without a formal request from Contractor. 2 . They are requested directly by a Subcontractor or supplier. 3 . Acceptance will require substantial revision of Contract Documents . D . Requests for substitutions submitted after Notice of Award will not be considered unless evidence is submitted to the Owner that all of the following circumstances exist: 1 . The specified product is unavailable for reasons beyond the control of the Contractor . Such reasons shall consist of strikes, bankruptcy, discontinuance of manufacturer, or acts of God . 2 . The Contractor placed , or attempted to place, orders for the specified products within 10 days after Notice of Award . 3 . Request for substitution is made in writing to the Owner within 10 days of the date on which the Contractor ascertains that he cannot obtain the item specified . 4 . Complete data as set forth herein to permit complete analysis of the proposed substitution is submitted with the request . 01630-2 E . The Owner' s decision regarding evaluation of substitutions shall be considered final and binding . Requests for time extensions and additional costs based on submission of, acceptance of, or rejection of substitutions will not be allowed . All approved substitutions will be incorporated into the Agreement by Change Order . 1 . 06 CONTRACTOR' S REPRESENTATION A . In making formal request for substitution , Contractor represents that : 1 . He has investigated proposed product and has determined that it is equal to or superior in all respects to that specified . 2 . He will provide same warranties or bonds for substitution as for product specified . 3 . He will coordinate installation of accepted substitution into the Work, and will make such changes as may be required for the Work to be complete in all respects . 4 . He waives claims for additional costs caused by substitution which may subsequently become apparent. 5 . Cost data is complete and includes related costs under his Contract, but not : a. Costs under separate contracts . b . Engineer' s costs for redesign or revision of Contract Documents . PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION (NOT USED) END OF SECTION 01630-3 SECTION 01650 STARTUP AND DEMONSTRATION PART ] GENERAL 1 . 01 SCOPE OF WORK A . Provide a competent field services technician of the manufacturers of all equipment furnished under Divisions 11 , 15 and 16 to supervise installation , adjustment, initial operation and testing, performance testing , final acceptance testing and startup of the equipment . B . Perform specified equipment field perfornance tests, Final acceptance tests and startup services . 1 . 02 RELATED WORK A . Operation and Maintenance Data is included in Section 01730 . B . Performance and acceptance testing and startup requirements are included in the respective sections of Divisions 11 , 15 and 16 . 1 . 03 SUBMITTALS A . Submit name , address and resume of proposed field services technicians at least 30 days in advance of the need for such services . B . Submit to the Owner and Engineer, in accordance with Section 01340 , detailed testing ' procedures for shop tests, field performance tests and final acceptance tests as specified in the various equipment sections . Submittals shall include at least the following : 1 . Test procedures shall be submitted at least 30 days in advance of the proposed test dates and shall include at least the following information : a . Name of equipment to be tested , including reference to specifications section number and title . b . Testing schedule of proposed dates and times for testing . c . Summary of power and water needs and identification of who will provide them . d . Outline specific assignment of the responsibilities of the Contractor and manufacturers ' factory representatives or field service personnel . e . Detailed description of step - by- step testing requirements , with reference to appropriate standardized testing procedures and laboratory analyses by established technical organizations (e . g . , ASTM , WPCF Standard Methods , etc) . f. Samples of forms to be used to collect and record test data and to present tabulated test results . 2 . Copies of test reports upon completion of specified shop , performance and acceptance tests . Test reports shall incorporate the information provided in the 01650- 1 test procedures submittals, modified to reflect actual conduct of the tests and the following additional infonnation : a . Copy of all test data sheets and results of lab analyses . b . Summary comparison of specified test and performance requirements versus actual test results . C . Should actual test results fail to meet specified test and performance requirements , describe action to be taken prior to re -testing equipment . 3 . Copies of the manufacturer' s field service technician ' s report summarizing the results of his/her initial inspection , operation , adjustment and pre-tests . The report shall include detailed descriptions and tabulations of the points inspected, tests and adjustments made , quantitative results obtained, suggestions for precautions to be taker' to ensure proper maintenance , and the equipment supplier's Certificate of Installation in the format specified herein . 1 . 04 REFERENCE STANDARDS A . American Water Works Association (AWWA) 1 . AWWA C653 - Disinfection for Water Treatment Plants . B . American Society for Testing and Materials (ASTM) C . Water Pollution Control Federation (WPCF) D . Where reference is made to one of the above standards, the revision in effect at the time of bid opening shall apply . 1 . 05 QUALITY ASSURANCE A . Field service technicians shall be competent and experienced in the proper installation , adjustment, operation , testing and startup of the equipment and systems being installed . B . Manufacturers ' sales and marketing personnel will not be accepted as field service technicians . PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3 . 01 PRELIMINARY REQUIREMENTS A . After installation of the equipment has been completed and the equipment is presumably ready for operation , before it is operated by others, the manufacturer' s field service technician shall inspect, operate, test and adjust the equipment . The inspection shall include at least the following points where applicable : I . Soundness (without cracked or otherwise damaged parts) . 2 . Completeness in all details , as specified and required . 3 . Correctness of setting, alignment and relative arrangement of various parts . 4 . Adequacy and correctness of packing , sealing and lubricants . 01650 - 2 B . The operation , testing and adjustment shall be as required to prove that the equipment has been left in proper condition for satisfactory operation under the conditions specified . C . Upon completion of this work , the manufacturer' s field service technician shall submit a signed report of the results of his/her inspection , operation , adjustments and tests . 3 . 02 STARTUP AND ACCEPTANCE A . General Requirements I . Successfully execute the step - by- step procedure of startup and performance demonstration specified herein . 2 . The startup and performance demonstration shall be successfully executed prior to Substantial Completion and acceptance by the Owner. 3 . All performance tests and inspections shall be scheduled at least 5 working days in advance or as otherwise specified with the Owner and the Engineer. All performance tests and inspections shall be conducted during the workweek of Monday through Friday, unless otherwise specified . B . Preparation for Startup 1 . All mechanical and electrical equipment shall be checked to ensure that they are in good working order and properly connected . Preliminary equipment operation shall be conducted . All systems shall be cleaned and purged as required . All sumps, tanks, basins, chambers, pump wells and pipelines which are hydraulically checked shall be drained and returned to their original condition once the testing is complete. 2 . All instruments and controls shall be calibrated through their full range . All other adjustments required for proper operation of all instrumentation and control equipment shall be made . 3 . Perform all other tasks needed for preparing and conditioning the facilities for proper operation . 4 . No testing or equipment operation shall take place until it has been verified by the Resident Project Representative that all specified safety equipment has been installed and is in good working order. 5 . No testing or equipment operation shall take place until it has been verified by the Resident Project Representative that all lubricants, tools, maintenance equipment, spare parts and approved equipment operation and maintenance manuals have been furnished as specified . C . Facilities Startup 1 . Startup period shall not begin until all new facilities and equipment have been tested as specified and are ready for operation . The Owner shall receive spare parts , safety equipment, tools and maintenance equipment, lubricants , approved operation and maintenance data and the specified operation and maintenance instruction prior to the startup . All valve tagging shall also be complete prior to this startup . 2 . Demonstrate a seven consecutive day period of 24 hour per day Successful operation of the facility as a prerequisite of Substantial Completion and Acceptance . 3 . In the event of failure to demonstrate satisfactory performance of the facility on the first or any subsequent attempt, all necessary alterations, adjustments , repairs 01650- 3 and replacements shall be made . When the facility is again ready for operation , it shall be brought on line and a new test shall be started . This procedure shall be repeated as often as necessary until the facility has operated continuously to the satisfaction of the Owner and Engineer , for the specified duration . 4 . The Owner will furnish all operating personnel (other than vendor' s or subcontractor' s service personnel ) needed to operate equipment during the final test period ; however, said personnel will perform their duties under Contractor' s direct supervision . Until performance tests are completed and units and systems are accepted by the Owner as substantially complete, the Contractor shall be fully responsible for the operation and maintenance of all new facilities . 5 . The Owner will provide all necessary chemicals and electricity . However, the Contractor shall provide all necessary personnel of the various construction trades, i . e. , electricians, plumbers, etc, and field service personnel of the major system suppliers on an 8 hour per day basis at the facilities . 6 . Do not, at any time, during startup allow the facility to be operated in a manner which subjects equipment to conditions that are more severe than the maximum allowable operating conditions for which the equipment was designed . 01650 -4 INDIAN RIVER COUNTY NORTH WTP REMOTE SUPPLY WELLS EQUIPMENT SUPPLIER' S CERTIFICATE OF INSTALLATION Owner INDIAN RIVER COUNTY Project FLOATING PLANT MATS for the SPOONBILL MARSH WETLAND FACILITY Contract No . EQUIPMENT SPECIFICATION SECTION EQUIPMENT DESCRIPTION I Authorized representative of (Print Name) (Print Manufacturer' s Name) hereby CERTIFY that (Print equipment name and model with serial no .) installed for the subject project has (have) been installed in a satisfactory manner, has (have) been tested and adjusted, and is (are) ready for final acceptance testing and operation on Date : Time : CERTIFIED BY : ( Signature of Manufacturer' s Representative) Date : END OF SECTION 01650 - 5 SECTION 01700 CONTRACT CLOSEOUT PART 1 — GENERAL 1 . 01 SCOPE OF WORK A . This Section specifies administrative and procedural requirements for project closeout, including but not limited to : 1 . Closeout procedures . 2 . Final cleaning . 3 . Adjusting . 4 . Project Record documents . 5 . Spare parts and maintenance materials . 1 . 02 RELATED WORK A . Operation and Maintenance Data are included in Section 01730 . B . Warranties and Bonds are included in Section 01740 . 1 . 03 RECORD DOCUMENTS A . Contract Drawings and Shop Drawings : Legibly mark each item to record actual construction including : 1 . Location and measured depths of floating mats . 2 . Clearly number each mat and indicated the size in sq . ft . 3 . Field changes of dimension and detail . 4 . Details not on original Contract Drawings . F . Submit documents to Owner with Application for Final Payment . 1 . 04 CLOSEOUT PROCEDURES A . Submit written certification that Contract Documents have been reviewed , work has been inspected and that work is complete in accordance with Contract Documents and ready for Owner' s inspection . B . Submit Application for Final Payment identifying total adjusted Contract Sum , previous payments and sum remaining due . 1 . 05 FINAL CLEANING A . Complete the following cleaning operations before requesting inspection for Certification of Substantial Completion . 1 . Clean the site of rubbish , litter and other foreign substances . END OF SECTION 01700- 1 SECTION 01710 CLEANING PART 1 — GENERAL 1 . 01 SCOPE OF WORK A . Execute cleaning, during progress of the work, and at completion of the work, as required by General Conditions . 1 . 02 RELATED WORK A . Standard General Conditions of the Construction Contract . B . Each Section : Cleaning for specific products or work. 1 . 03 DISPOSAL AND CLEANING A . Conduct cleaning and disposal operations to comply with codes, ordinances, regulations and anti -pollution laws . PART 2 — PRODUCTS 2 . 01 MATERIALS A . Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces . B . Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned . C . Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 3 — EXECUTION 3 . 01 DURING CONSTRUCTION A . Execute periodic cleaning to keep the work, the site and adjacent properties free from accumulations of waste materials , rubbish and windblown debris , resulting from construction operations . B . Provide on - site containers for the collection of waste materials , debris and rubbish . C . Remove waste materials , debris and rubbish from the site periodically and dispose of at legal disposal areas away from the site . 01710- 1 3 . 02 DUST CONTROL A . Clean interior spaces prior to the start of finish painting and continue cleaning on an as - needed basis until painting is finished . B . Schedule operations so that dust and other contaminants resulting from cleaning process will not fall on wet or newly- coated surfaces . 3 . 03 FINAL CLEANING A . Employ skilled workmen for final cleaning . B . Remove grease , mastic , adhesives , dust, dirt, stains , fingerprints , labels and other foreign materials from sight- exposed interior and exterior surfaces . C . Wash and shine glazing and mirrors . D . Polish glossy surfaces to a clear shine . E. Ventilating Systems : 1 . Clean permanent filters and replace disposable filters if units were operated during construction . 2 . Clean ducts, blowers and coils if units were operated without filters during construction . F . Broom clean exterior paved surfaces ; rake clean other surfaces of the grounds . G . Prior to final completion , or OWNER occupancy , conduct an inspection of sight- exposed interior and exterior surfaces and all work areas , to verify that the entire work is clean . END OF SECTION 01710- 2 SECTION 01720 PROJECT RECORD DOCUMENTS PART 1 GENERAL 1 . 01 REQUIREMENTS INCLUDED A . Maintain at the site for the Owner one record copy of: 1 . Drawings 2 . Specifications 3 . Addenda 4 . Change Orders and other Modifications to the Contract 5 . Field Orders or written instructions 6 . Approved Shop Drawings , Working Drawings and Samples 1 . 02 RELATED REQUIREMENTS A . B . Section 01052 : Application for Payment C . Section 01340 : Submittals 1 . 05 RECORDING A . Label each document "PROJECT RECORD " in neat large printed letters . B . Record information concurrently with construction progress . 1 . Do not conceal any work until required information is recorded . C . Drawings : legibly mark to record actual construction . 1 . Location and measured depths of floating mats . 2 . Clearly number each mat and indicated the size in sq . ft. 3 . Field changes of dimension and detail . E. Shop drawings (after final review and approval ) . 1 . 06 SUBMITTAL A . At contract close- out, deliver record documents listed in paragraph I . 01A to the Engineer for the Owner. B . Accompany submittal with transmittal letter in duplicate , containing : 1 . Date 2 . Project title and number 3 . Contractor ' s name and address 4 . Title and number of each record document 5 . Signature of Contractor or his authorized representative PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED ) END OF SECTION 01720 - 1 SECTION 01740 WARRANTIES AND BONDS PART I — GENERAL 1 . 01 SCOPE OF WORK A . This Section specifies general administrative and procedural requirements for warranties and bonds required by the Contract Documents , including manufacturer ' s standard warranties on products and special warranties . 1 . 02 RELATED WORK A . Refer to Conditions of Contract for the general requirements relating to warranties and bonds . B . General closeout requirements are included in Section 01700 Contract Closeout . C . Specific requirements for warranties for the work and products and installations that are specified to be warranted are included in the individual Sections of Division 2 through 15 . 1 . 03 SUBMITTALS A . Submit written warranties to the Owner prior to the date for Substantial Completion . If the Certificate of Substantial Completion designates a commencement date for warranties other than the date of Substantial Completion for the work, or a designated portion of the work, submit written warranties upon request of the Owner. B . When a designated portion of the work is completed and occupied or used by the Owner, by separate agreement with the Contractor during the construction period, submit properly executed warranties to the Owner within 15 days of completion of that designated portion of the Work. C . When a special warranty is required to be executed by the Contractor or the Contractor and a Subcontractor, supplier or manufacturer ; prepare a written document that contains appropriate terms and identification , ready for execution by the required parties . Submit a draft to the Owner for approval prior to final execution . D . Refer to individual Sections of Divisions 2 through 15 for specific content requirements , and particular requirements for submittal of special warranties . E. At Final Completion compile two copies of each required warranty and bond properly executed by the Contractor, or by the Contractor, Subcontractor, supplier, or manufacturer . Organize the warranty documents into an orderly sequence based on the table of contents of the Project Manual . 01740- 1 F . Bind warranties and bonds in heavy - duty , commercial quality , durable 3 -ring vinyl covered loose- leaf binders , thickness as necessary to accommodate contents and sized to receive 8 - I /2- inch by 11 - inch paper . G . Table of Contents : Neatly typed, in the sequence of the Table of Contents of the Project Manual , with each item identified with the number and title of the Section in which specified and the name of the product or work item . H . Provide heavy paper dividers with celluloid covered tabs for each separate warranty . Mark the tab to identify the product or installation . Provide a typed description of the product or installation , including the name of the product and the name, address and telephone number of the installer, supplier and manufacturer. [ . Identify each binder on the front and the spine with the typed or printed title " WARRANTIES AND BONDS " , the project title or name and the name, address and telephone number of the Contractor. J . When operating and maintenance manuals are required for warranted construction , provide additional copies of each required warranty , as necessary , for inclusion in each required manual 1 . 04 WARRANTY REQUIREMENT A . Related Damages and Losses : When correcting warranted work that has failed, remove and replace other work that has been damaged as a result of such failure or that must be removed and replaced to provide access for correction of warranted work . B . Reinstatement of Warranty : When work covered by a warranty has failed and been corrected by replacement or rebuilding , reinstate the warranty by written endorsement . The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation . C . Replacement Cost : Upon detennination that work covered by a warranty has failed , replace or rebuild the work to an acceptable condition complying with requirements of Contract Documents . The Contractor is responsible for the cost of replacing or rebuilding defective work regardless of whether the Owner has benefited from use of the work through a portion of its anticipated useful service life . D . Owner' s Recourse : Written warranties made to the Owner are in addition to implied warranties, and shall not limit the duties, obligations, rights and remedies otherwise available under the law , nor shall warranty periods be interpreted as limitations on time in which the Owner can enforce such other duties, obligations , rights , or remedies . E . Rejection of Warranties : The Owner reserves the right to reject warranties and to limit selections to products with warranties not in conflict with requirements of the contract Documents . F . Disclaimers and Limitations : Manufacturer' s disclaimers and limitations on product warranties do not relieve the Contractor of the warranty on the work that incorporates the 01740 -2 products, nor does it relieve suppliers, manufacturers and Subcontractors required to countersign special warranties with the Contractor . 1 . 05 MANUFACTURERS CERTIFICATIONS A . Where required, the Contractor shall supply evidence, satisfactory to the Owner and Engineer, that the Contractor can obtain manufacturers ' certifications as to the Contractor ' s installation of equipment . 1 . 06 DEFINITIONS A . Standard Product Warranties are preprinted written warranties published by individual manufacturers for particular products and are specifically endorsed by the manufacturer to the Owner. B . Special Warranties are written warranties required by or incorporated in the Contract Documents , either to extend time limits provided by standard warranties or to provide greater rights for the Owner. PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION (NOT USED) END OF SECTION 01740 -3 SECTION 10100 FLOATING MAT SYSTEM , ESTABLISHMENT AND SUSTAINABILITY ESTABLISHMENT 1 . 01 IMPLEMENTATION A . The Contractor will provide an Implementation Plan that maximizes the treatment efficiency of the Floating Mat System , and provide sufficient quantity at strategic locations, in order to achieve a demonstrable net environmental benefit as defined in Permit FL166511 - 002 -1W5A . The Implementation Plan shall consist of but should not be limited to the strategic placement of the floating mats in the Spoonbill Marsh Wetland for maximum nutrient uptake , plant coverage requirements (number of & species used) , the life cycle of the plant communities and fixture replacement, if necessary . Include scientific studies or reports , and information on the biodiversity that the mat will support , (i . e . fish , crab . bivalves , biofilm growth and periphyton) . B . The Floating Mat System is to be deployed at up to 40 specified locations with the initial planting sufficient to provide 80% aerial coverage within 6 months . At a minimum the Contractor shall supply floating plant mats at the main points of ingress and egress to each of the major runnels . C . The FMS shall be deployed in depths of 18 " - 30" and must be securely anchored and tethered . The bottom of the wetland and runnel areas where the floating mats are to be deployed consist of muck, coquina shell , as well as some cap rock . D . The Contractor will record the location , the overall size and the number of plants and species on each mat as it is deployed . This information is to be submitted to the Owner for Record Drawings . E . The plant species on the floating plant mats will be halophytes , native to Indian River County , Florida. The acceptable plants are, but are not limited to : Spartine alterniflori — smooth cordgrass Spartina patens — saltmarsh cordgrass Batis martima — saltwort Salicornia virginica — glasswort Distichilis spicata — seashore saltgrass Paspalum vaginatum - salt jointgrass Sporoblus virginicus - seashore dropseed Borrichia frutescens — sea oxeye daisy Sesuvium portulacastrum — sea purselane Juncus roemerianus — needlerush 10100 - 1 SUSTAINABILITY 1 . 02 SUCCESS A . The Contractor will provide follow up site visits by trained personnel to assess growth rates and the condition of the mats for a minimum of one visit per month, for a period of twelve months (one year) following the installation of the floating plant mats . A Progress report (electronic format) shall be submitted documenting the rates of plant growth , rates of survival snd overall condition of the mats . The surface of each mat shall have a minimum of 80 % coverage of plants within (6) six months ( 180 days) of completion of installation and planting . The Contractor will replace dead plants within ( 14) fourteen days of being notified by the Owner . END OF SECTION 10100 - 2