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HomeMy WebLinkAbout2008-276 AThis document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By A National Society of t7► Professional Engineers ..... _ __ .. . A %if Kit %i Ctwm iI Oi FNm i i.Kwc. c,.,W(•xmk ProtWimal fnglnaers in Privale PWIC0 ASCEAmerican Society of Civil Engineers PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-1 TABLE OF CONTENTS PART I - AMENDMENTS TO GENERAL CONDITIONS Article Number Title 1 DEFINITIONS AND TERMINOLOGY 2 PRELIMINARY MATTERS 3 CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE 4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 5 BONDS AND INSURANCE 6 CONTRACTOR'S RESPONSIBILITIES 7 OTHER WORK AT THE SITE 8 OWNER'S RESPONSIBILITIES 9 ENGINEER'S STATUS DURING CONSTRUCTION 11 COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 12 CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14 PAYMENTS TO CONTRACTOR AND COMPLETION 15 SUSPENSION OF WORK AND TERMINATION 16 DISPUTE RESOLUTION 17 MISCELLANEOUS 044572017 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 1 - DEFINITIONS AND TERMINOLOGY SC -1.01A.37 Delete paragraph 1.0l .A.37 of the General Conditions in its entirety and replace with the following: 37. RESIDENT PROJECT REPRESENTATIVE — An authorized representative of the OWNER assigned to observe the Work performed and materials furnished by the CONTRACTOR or such other person as may be appointed by the OWNER as OWNER'S representative. The CONTRACTOR shall be notified in writing of the identity of this representative. SC -1.01A.43. Delete paragraph 1.01 A.43. of the General Conditions in its entirety and replace with the following: 43. Specifications - Sections included under Division 1 through Division 17 of the Project Manual. ARTICLE 2 - PRELIMINARY MATTERS SC -2.0113. Delete paragraph 2.01B of the General Conditions in its entirety and replace with the following: B. Before any Work at the site is started, Contractor shall deliver to Owner, with copies to Engineer, certificates of insurance, which Contractor is required to purchase and maintain in accordance with the requirements of the Contract Documents. SC 2.03A Delete paragraph 2.03A of the General Conditions in its entirety, and replace with the following: The Contract Times will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 60 days after the Effective Date of the Agreement. SC 2.05A1 Add the following immediately at the end of subparagraph 2.05A1: using the Critical Path Method (CPM). SC 2.05A.4 Add new subparagraph 4 after the existing text of 2.05 of the General Conditions: 044572017 00800-3 4. If this Project is an addition to an existing working plant, then the Contractor shall coordinate with the Owner on tie-ins. The Owner shall have final say on plant shut down times and duration to make tie- ins. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE SC -3.01C Add a new paragraph immediately after Paragraph 3.01 C of the General Conditions which is to read as follows: D. Each and every provision of law and clause required by law to be inserted in these Contract Documents shall be deemed to be inserted herein, and they shall be read and enforced as though it were included herein 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 SC 4.01A Delete existing paragraph 4.O1A of the General Conditions in its entirety and replace it with the following: A. Owner shall furnish the site. SC 4.01B Delete existing subparagraphs 4.01B of the General Conditions in their entirety SC 4.02A Delete 4.02 A.1 of the General Conditions in its entirety and replace it with the following: A. Reports and Drawings: The Contract Documents may identify those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents. Engineer has relied upon the data obtained from subsurface investigations made at the site in the form of test borings. Such data is in the form of boring logs, which are available upon request. Such logs and samples are not part of the Contract Documents. SC -4.02B 044572017 00800-4 Add the following new paragraphs immediately after existing paragraph 4.02.13 of the General Conditions: C. In preparation of the Contract Drawings, ENGINEER relied upon existing as-built/record drawings for physical conditions and information regarding or relating to existing surface and subsurface structures, existing above ground and underground utilities, and type and location of existing process equipment. These drawings are available for inspection at the County's Department of Utilities Services office located at 1800 27th Street, Vero Beach. 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 4.03B 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. Add the following new paragraph immediately after paragraph 4.05A. of the General Conditions to read as follows: B. RESIDENT PROJECT REPRESENTATIVE may check the lines, elevations, reference marks, batter boards, etc., set by Contractor, and Contractor shall correct any errors disclosed by such check. Such a check shall not be considered as approval of Contractor's work and shall not relieve Contractor of the responsibility for accurate construction of the entire Work. Contractor shall furnish personnel to assist RESIDENT PROJECT REPRESENTATIVE in checking lines and grades. SC 4.06D Delete the last sentence of paragraph 4.06D of the General Conditions in its entirety SC 4.06G Delete paragraph 4.06G of the General Conditions in its entirety. ARTICLE 5 - BONDS AND INSURANCE SC 5.0IA Contractor shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all 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 paid becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other Bonds as are required by the Contract Documents. Pursuant to Florida Statutes section 255.05(1)(a) (2007), any claimant (as such term is defined 044572017 00800-5 in Florida Statutes section 713.01) may apply to Indian River County as Owner for copies of the Agreement and the recorded payment and performance bonds and shall thereupon be furnished with certified copies of such documents. SC 5.03B Delete existing paragraph 5.03B of the General Conditions in its entirety SC 5.04B Delete existing paragraph 5.03B of the General Conditions in its entirety and replace with the following: B. The Contractor shall not commence Work under the Agreement until it has obtained all insurance required under the Agreement and the Indian River County Risk Manager has approved such insurance. The Contractor shall procure and maintain, for the duration of the Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the Contract Price C. The insurance required by paragraph 5.04A of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers' Compensation: To meet statutory limits in compliance with the Worker's Compensation Law of Florida. This policy must include employers' liability with a limit $500,000 for each accident, $500,000 disease policy limit and $100,000 disease each employee. Such policy shall include a waiver of subrogation as against Owner on account of injury sustained by an employee(s) of the Contractor. 2. Commercial General Liability. A per occurrence form policy, including Premise Operations, Independent Contractors, Products and Completed Operations including X, C, U (Explosion, Collapse, Underground) Broad Form Property Damage, Broad Form Property Damage Endorsement, with a combined single limit of not less than $3,000,000 general aggregate to include products/completed operations, personal injury/advertising liability, fire damage /legal liability, and medical payments. Limits can be layered with an Excess Liability Policy (Umbrella). 3. Business Auto Liability. Coverage shall include Owned vehicles and Hired/Non-Owned vehicles, for a combined single limit (bodily injury and property damage) of not less than $3,000,000/combined single limit (Bodily Injury/Property Damage); personal injury protection -- statutory limits; $1,000,000 uninsured/underinsured motorist; $1,000,000/hired/non-owned auto liability. Limits can be layered with Excess Liability Policy (Umbrella). 4. Contractor's Builders' Risk "All Risk" Insurance: — All risk coverage with limits equal to one hundred percent (100%) of the completed value of the Work. There shall be a waiver of occupancy endorsement to enable the Owner to occupy the facility under construction during such activity. The policy must be endorsed to provide machinery/equipment endorsement during transit and installation, and Owner direct purchase materials, if any. The maximum deductible under this coverage is $10,000 per claim, except Wind Storm coverage which will have a maximum deductible equal to 2 percent of the completed value of the work. 5. Flood Insurance - Contractor shall maintain coverage when the buildings or structures are located within an identified special flood hazard area. Such flood insurance shall protect the interests of the Contractor and the County and shall be afforded for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Insurance Program. D. Insurance Requirements — Ten (10) days prior to the commencement of any Work under the Contract, a certificate of insurance shall be provided to the Indian River County Risk Manager for review and 044572017 00800-6 approval. The certificate shall provide that: (a) Indian River County (as Owner) and Kimley-Horn and Associates, Inc. (as Engineer) be named as an additional insured on the commercial general liability, auto liability, and Contractor's Builders' Risk "All Risk" insurance policies; (b) the Contractor's insurance coverage shall be primary; and (c) Indian River County (as Owner) and Kimley-Horn and Associates, Inc. (as Engineer). will be given thirty (30) days' notice prior to cancellation or modification of any required insurance and such notice shall be in writing by registered 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 the date of commencement of the 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 least two years after final payment. Contractor shall furnish Owner and Engineer [KIMLEY-HORN AND ASSOCIATES, INC.] with evidence satisfactory to Owner of the continuation of such insuranceat final payment and again 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. 044572017 00800-7 SC -6.0213 Add the following new paragraphs immediately after paragraph 6.02B. of the General Conditions which are to read as follows: C. Regular working hours are defined as 8 hours per day, Monday through Friday, excluding holidays, between the hours of 7:00 AM and 7:00 PM. Requests to work other than regular working hours shall be submitted to Engineer not less than 48 hours prior to any proposed weekend work or scheduled extended work weeks. Occasional unscheduled overtime on weekdays may be permitted provided two hours notice is given to Engineer. D. Contractor shall reimburse the Owner for additional engineering and/or inspection costs incurred as a result of overtime work in excess of the regular working hours stipulated in Article SC -6.02C. At Owner's option, overtime costs may either be deducted from the Contractor's monthly payment request or deducted from the retainage prior to release of final payment. Overtime costs for the Owner's personnel shall be based on the individual's current overtime wage rate. Overtime costs for personnel employed by the Engineer or Owner's independent testing laboratory shall be calculated in accordance with the terms of their respective contracts with the Owner. SC 6.04A.1 Add the following sentence immediately after the existing text in paragraph 6.04 A.1 of the General Conditions: Additionally, any and all changes to the Project's critical path must be reflected in each Project schedule. 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 044572017 00800-8 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 6.06B of the General Conditions in its entirety. SC -6.08 Delete Paragraph 6.08 of the General Conditions in its entirety and replace with the following: ALL PERMIT, IMPACT, OR INSPECTION FEES APPLICABLE AT THE TIME OF OPENING OF BIDS THAT ARE PAYABLE TO INDIAN RIVER COUNTY IN CONNECTION WITH THE WORK ON THIS COUNTY PROJECT WILL BE PAID BY INDIAN RIVER COUNTY. Contractor acknowledges that the foregoing items are governed by the provisions of Florida Statutes section 218.80, Public Bid Disclosure Act. Further, Contractor shall pay the applicable business tax and obtain a business tax receipt from the Indian River County Tax Collector. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all applicable construction permits. Owner shall reimburse Contractor for the cost of such permits on the basis of actual cost. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. As set forth in the Contract Documents, re -inspection fees are payable solely by Contractor. Owner shall pay all charges of utility owners for connections for providing permanent services to the Work. Owner has obtained the [insert permit types here, both outside regulatory and Indian River County] from [insert permit types here, both outside regulatory and Indian River County] and such permits are included in the Contract Documents in Section [insert section #]. Owner has obtained/made application for the[insert permit types here, both outside regulatory and Indian River County Florida Department of Transportation right-of-way permit, the NPDES permit, and the dewatering permit, if required.] 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. SC 6.11 A.3: Delete the words: "arbitration or" in line 9 of paragraph 6.11 A.3 of the General Conditions. SC 6.19A: Delete Paragraph 6.19A. of the General Conditions in its entirety and replace with the following: A. Contractor warrants and guarantees to Owner for one 1) year from the date of Final Completion that all Work will be in accordance with the Contract Documents and will not be defective; provided, however, that manufacturer equipment warranties may be of a longer duration. SC -6.20A Delete paragraph 6.20A of the General Conditions in its entirety. SC -6.21E Delete paragraph 6.21 E of the General Conditions in its entirety and replace with the following: E. Contractor shall not be responsible for the adequacy of the performance criteria or design criteria required by or contained in the Contract Documents. ARTICLE 7 OTHER WORK AT THE SITE SC-7.0IA. Delete paragraph 7.01A of the General Conditions in its entirety and replace with the following: 044572017 00800-9 7.O1A. 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 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.O1A. Delete paragraph 9.O1A. in its entirety and replace with the following: The OWNER shall designate the OWNER'S REPRESENTATIVES during the construction period. The duties and responsibilities and the limitations of authority of the ENGINEER as one of the OWNER'S REPRESENTATIVES during construction are set forth in Articles 1 through 17 of these General Conditions and shall not be extended without written consent of the Indian River County Board of County Commissioners. SC -9.02A. Delete the first sentence of paragraph 9.02A. of the General Conditions in its entirety and replace with the following: A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified Engineer the progress that has been made and the quality -of the various aspects of Contractor's executed Work. SC -9.03A Add the following new paragraph immediately after paragraph 9.03A of the General Conditions which is to read as follows: 044572017 00800-10 B. Owner will furnish a RESIDENT PROJECT REPRESENTATIVE to assist OWNER and ENGINEER in providing more extensive observation of the Work. Contractor is responsible to give 24-hour notice on all required inspections so that the RESIDENT PROJECT REPRESENTATIVE may be present. SC 9.04A Delete the third sentence of paragraph 9.04A of the General Conditions in its entirety and replace with the following: However, if Contractor claims entitlement to additional time or money as a result of the Field Order, such entitlement is conditioned upon obtaining a Change Order authorized and executed by Owner after timely making a Claim as provided in the Contract Documents. SC 9.06A. Delete the word "ENGINEER" in all instances in the first sentence of paragraph 9.06A. of the General Conditions and replace with the following: "ENGINEER, OWNER'S REPRESENTATIVE or RESIDENT PROJECT REPRESENTATIVE" SC 9.08-A. Delete the word "ENGINEER" in the first sentence of paragraph 9.08A. of the General Conditions and replace with the following: "ENGINEER, OWNER'S REPRESENTATIVE or RESIDENT PROJECT REPRESENTATIVE" 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 9.08-1) Delete paragraph 9.08-1) 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.B Delete paragraph 10.05.B 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 044572017 00800-11 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 Delete paragraph 10.05C of the General Conditions in its entirety. SC 10.05 D and E Delete paragraphs 10.05.13 and E of the General Conditions in their entirety ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK SC 11.01 B 1. Delete paragraph 11.01 B 1 of the General Conditions in its entirety and replace with the following: B 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work, all of which are to be considered administrative costs covered by the Contractor's fee. SC -11.02A Delete paragraph 11.02.A of the General Conditions in its entirety and replace with the following: It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER. Delete paragraphs 11.02B through D of the General Conditions in their entirety. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES SC12.01A. 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. 044572017 00800-12 12.03A and B Delete paragraphs 12.03.A and 12.03B of the General Conditions in their entirety and replace with the following: A. Where Contractor is delayed or prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if (l) 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: 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 arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. SC 13.04D. Delete paragraph 13.04.D of the General Conditions in its entirety and replace with the 044572017 00800-13 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 attribut—able 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. SC 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, the Contractor shall submit completed partial progress payment requests to the Engineer, as set forth herein. Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application for Payment and accompanied by such supporting documentation as is required by the Contract Documents. Such supporting documents shall include but not be limited to, the required Contractor's certification; retainage as set forth in the Agreement; and a monthly dated CPM schedule for the Project. The Contractor shall make the following certification (Affidavit) on each Application for Payment: "I hereby certify that the labor and materials listed on this Application for Payment have been used in the construction of this Work and payment received from the last request for payment has been used to make payments to all subcontractors, laborers, material, men and suppliers except as listed below: "All payments by Indian River County as Owner shall be made in accordance with the Local Government Prompt Payment Act. Florida Statutes section 218.70 et. seq. SC -14.02A.3 Add a new paragraph immediately after paragraph 14.02A.3 of the General Conditions, which is to read as follows: 044572017 00800-14 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- I4.02C.I Delete paragraph 14.02.0 of the General Conditions in its entirety and replace with the following: All payments by Indian River County as Owner shall be made in accordance with the Local Government Prompt Payment Act. Florida Statutes section 218.70 et. seq. SC- 14.02D. l .d Delete paragraph 14.02D. Ld 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 fix the date of Substantial Completion. In accordance with the provisions of Florida Statutes section 208.735(7)(a)(2005), upon receipt of the tentative certificate of Substantial Completion from Engineer, the Owner, the Engineer, and the Contractor shall conduct a walk- through inspection of the Project to document a list of any items required to render the Work on the Project complete, satisfactory, and acceptable under this Agreement (herein the "Statutory List"). The Statutory List shall be reduced to writing and circulated among the Owner, the Engineer, and the Contractor by the Owner or the Engineer within 30 calendar days after substantial completion. The Owner and Contractor acknowledge and agree that: 1) the failure to include any corrective work, or pending items that are not yet 044572017 00800-15 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 -14.0713.1 Delete paragraph 14.07B.1 of the General Conditions in its entirety and replace with the following: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation, all as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will indicate, within twenty days after receipt of the final Application for Payment, in writing Engineer's recommendation of payment and present the Application to Owner for payment. Thereupon Engineer will give written notice to Owner and Contractor that the Work is acceptable. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. SC -14.07.C.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. Add the following new paragraphs after SC -14.09, A.2 of the General Conditions ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION SC- I5.02.A.1 Delete subparagraph 15.02.A.I of the General Conditions in its entirety, and replace with the following: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents; 044572017 00800-16 SC- I5.02.A.4 Delete subparagraph 15.02.A.4 of the General Conditions in its entirety, and replace with the following: 4. Contractor's violation of any material provisions of the Contract Documents. SC 15.02.A.5 and 6: Add the following new subparagraphs at the end of paragraph GC -15.02.A 5. Failure of Contractor to make proper payments to Subcontractors for labor, materials or equipment in connection with the Work; 6. If Contractor abandons the Work, or assigns Contractor any part thereof, without the previous written consent of Owner, otherwise than in accordance with the Contract Documents. SC -15.02.0 Delete the words: "arbitration or" in line 7 of paragraph 15.02.0 of the General Conditions. SC -15.03.A.3 Delete subparagraph 15.03.A.3 of the General Conditions in its entirety. SC 15.02.G Add the following new paragraph immediately following paragraph 15.02.F of the General Conditions: G. If, after termination of the Contract by the Owner for cause as set forth in paragraph 15.02, it is determined that the Contractor had not failed to fulfill its contractual obligations, the termination under paragraph 15.02 shall be deemed to have been for the convenience of the Owner. In such event, adjustment of the contract price shall be made as provided in paragraph 15.03. ARTICLE 16 - DISPUTE RESOLUTION SC -16.01A Delete the paragraph 16.01A of the General Conditions in its entirety and replace with the following: A. Prior to the filing of any suit or other legal proceedings, the parties shall endeavor to resolve claim disputes or other matters in question by mediation. Mediation shall be initiated by any party by serving a written request for same on the other party. The parties shall, by mutual agreement, select a circuit court mediator as certified by the Supreme Court of Florida within 15 days of the date of the request for mediation. If the parties cannot agree on the selection of a circuit court mediator as certified by the Supreme Court of Florida, then the Owner shall select the mediator, who shall be a circuit court mediator as certified by the Supreme Court of Florida. The mediator's fee shall be paid in equal shares by Owner and Contractor. SC 16.01.C. Delete paragraph 16.01 C of the General Conditions in its entirety and replace with the following C. Contractor shall carry on the Work and maintain the progress schedule during the dispute resolution proceedings, unless otherwise agreed by Contractor and Owner in writing. ARTICLE 17 - MISCELLANEOUS SC 17.01A Delete paragraph 17.01A of the General Conditions in its entirety and replace with the following 044572017 00800-17 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown in the Agreement. Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this paragraph, by written notice to the other party given in accordance with the provisions of this paragraph. 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. PART II — FORMS TO BE USED DURING PROJECT CONSTRUCTION (Pages 17 through 28) NOTICE TO PROCEED (SAMPLE) FIELD ORDER WORK CHANGE DIRECTIVE CHANGE ORDER APPLICATION FOR PAYMENT FINAL RELEASE OF LIEN DUTIES RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE 044572017 00800-18 17.02. Utilities. The Contractor shall, at its expense, arrange for, develop and maintain all utilities in Work areas to meet the requirements of the Contract. Such utilities shall be furnished by Contractor at no additional cost to the Owner, and shall include, but not be limited to the following: public telephone service for the Contractor's use; construction power as required at each point of construction; and water as required throughout the construction. Prior to final acceptance of the Work the Contractor shall, at its expense, satisfactorily remove and dispose of all temporary utilities developed to meet the requirements of the Contract. The Owner will assume the utility costs directly related to its usage of areas in which it has taken Beneficial Occupancy. 17.03. 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. 17.04. 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. 17.05. Protection of Structures. Heavy equipment shall not be operated close enough to pipe headwalls or other structures to cause their displacement. 17.06. 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. 17.07. Record Drawings. The Contractor shall keep one record copy of all Specifications, Drawings, Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. These items shall be available to the Engineer and shall be delivered to the Engineer for the Owner. Record Drawings shall be submitted with each pay request. Final acceptance of the Work will be withheld until the approval of such documents are made by the Owner. 17.08. Progress Videotapes. Contractor shall deliver to the Owner both prior to commencing the Project and before receipt of Final Payment, VHS 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. 17.09. Commercial Activities. Contractor shall not establish any commercial activity or issue concessions or 044572017 00800-19 NOTICE TO PROCEED CERTIFIED MAIL WITH RETURN RECEIPT TO: DATE: PROJECT: Indian River County Department of Utility Services Indian River County Department of Utility Services Project No. IRC Bid No. Project Name: South RO Water Treatment Plant Improvements You are hereby notified to commence WORK in accordance with the agreement dated on or before consecutive calendar days is, therefore, the day of ACCEPTANCE OF NOTICE Receipt of above NOTICE TO You are to complete the WORK within from this date. The date of completion of all work 20 PROCEED is hereby acknowledged by this the 20 , by Title: day of Signature Typed Name INDIAN RIVER COUNTY Michael C. Hotchkiss, P.E. Environmental Engineer 044572017 00800-20 Recorded Payment and ' i i Executed Board ApprovalDated DEP ConstructionPermitlit PROJECT: OWNER: TO: FIELD ORDER FIELD ORDER NO.: DATE: CONTRACT: OWNER'S PROJECT NO.: 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: BY: DATES: CONTRACTOR: Ibayj DATE: 044572017 00800-21 WORK CHANGE DIRECTIVE PROJECT: DATE OF ISSUANCE: OWNER: (Name, Address) CONTRACTOR: CONTRACT FOR: You are directed to proceed with the following change(s): Description: Purpose of Work Directive Change: Attachment(s) (list documents supporting change): OWNER'S Project No.: ENGINEER: ENGINEER's Project No.: No. 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: Time: [ ] Time and Materials [ ] Unit Prices [ ] Cost plus fixed fee Estimated increase (decrease) in Contract Price $ . If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Method of determining change in Contract [ ] Contractor's records [ ] Engineer's records [ ] Other Estimated increase (decrease) in Contract Time days. If the change involves an increase, the estimated time is not to be exceed without further 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: By: By: Engineer Date: Date: APPROVED: 044572017 00800-22 Owner WORK CHANGE DIRECTIVE INSTRUCTIONS A. 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. Be 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, 044572017 00800-23 CHANGE ORDER No. PROJECT DATE OF ISSUANCE OWNER EFFECTIVE DATE OWNER's Contract No. ENGINEER'S Project No. CONTRACTOR ENGINEER You are directed to make the following changes in the Contract Documents: Description: Reason for change order: Attachments: (List documents sunnortinc chance) 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: By: Engineer (Authorized Signature) Date: APPROVED: By: Owner (Authorized Signature) Date: ACCEPTED: By: Contractor (Authorized Signature) Date: EJCDC No. C-700 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. 044572017 00800-24 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. Be 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. 044572017 00800-25 APPLICATION FOR PAYMENT NO. To: From: _ Contract: (OWNER) (CONTRACTOR) Project: OWNER's Contract No. ENGINEER's Project No. For Work accomplished through the date of: 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 stored material: $ il 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): $ Accompanying Documentation: CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied on account to discharge CONTRACTOR's legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances; (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (4) 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: " Dated By: State of County of Subscribed and sworn to before me this day of , Notary Public My Commission expires: Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated CONTRACTOR ENGINEER By: EJCDC No. C -700-E (2002 Edition) Prepared by the Engineers Joint Contract Documents Cont nitree and endorsed by The Associated General Contractors of America and the Construction Specification Institute. 044572017 00800-26 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 time 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. B. 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. 044572017 00800-27 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 (I/We) 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 M WITNESS: Title (SEAL) 044572017 00800-28 day of 20 DUTIES, RESPONSEHLITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE 1. GENERAL Resident Project Representative is OWNER'S Agent, will act as directed by and under the supervision of OWNER, and will confer with ENGINEER regarding his actions. Resident Project Representative's dealings in matters pertaining to the on-site Work shall in general be only with OWNER and CONTRACTOR, and dealings with Subcontractors shall only be through or with the full knowledge of CONTRACTOR. Written communication with ENGINEER will be only through or as directed by OWNER. 2. DUTIES AND RESPONSIBILITIES Resident Project Representative will: 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 OWNER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent and assist him in understanding the intent of the Contract Documents. Assist OWNER in serving as OWNER'S liaison with CONTRACTOR when CONTRACTOR'S operations affect OWNER'S on-site operations. 5. As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required at the job site for proper execution of the Work. 6. Shop Drawings and Samples: a. Receive and record date of receipt of Shop Drawings and samples, receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of their availability for examination. b. Advise ENGINEER and CONTRACTOR or his superintendent immediately of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER. 7. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on-site observations of the Work in progress to assist OWNER and ENGINEER in determining if the Work is proceeding in accordance with the Contract Documents and that completed Work will conform to the Contract Documents. b. Report to OWNER and 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 OWNER and ENGINEER when he believes Work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 044572017 00800-29 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 thereof; observe, record and report to OWNER and ENGINEER appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to OWNER and ENGINEER. 8. Interpretation of Contract Documents: Transmit to OWNER and CONTRACTOR ENGINEER'S clarifications and interpretations of the Contract Documents. 9. Modifications: Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report them with recommendations to OWNER and ENGINEER. 10. Records: a. Maintain at the job site orderly files for correspondence, reports 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 OWNER and ENGINEER. C. Record names, addresses and telephone numbers of all contractors, Subcontractors and major suppliers of materials and equipment. 11. Reports: a. Furnish OWNER and ENGINEER periodic reports as required of progress of the Work and CONTRACTOR'S compliance with the approved progress schedule and schedule of Shop Drawing submissions. b. Consult with OWNER and ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. C, Report immediately to OWNER and ENGINEER upon the occurrence of any accident. 12. Payment Requisitions: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward them with recommendations to ENGINEER, noting particularly their relation to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 13, Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the Work. 14. Completion: a. Before OWNER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. 044572017 00800-30 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 OWNER and ENGINEER concerning acceptance. 3. LIMITATIONS OF AUTHORITY Except upon written instructions of OWNER or ENGINEER, Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment. 2. Shall not exceed limitations on OWNER'S authority as set forth in the Contract Documents. 3. Shall not undertake any of the responsibilities of CONTRACTOR, Subcontractors or CONTRACTOR'S superintendent, or expedite the Work. 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents. 5. Shall not advise on or issue directions as to safety precautions and programs in connection with the Work. 6. Shall not authorize OWNER to occupy the Project in whole or in part. 7. Shall not participate in specialized field or laboratory tests. END OF SECTION 044572017 00800-31 SECTION 00900 ._lffill� (ADDENDA TO BE INSERTED HERE) END OF SECTION 0445720017 00900-1 ADDENDUM NO.1 July 2, 2008 TO CONTRACT DOCUMENTS PROJECT TITLE: Indian River County Utilities South RO Water Treatment Plant Improvements Bid No. 2008027 Project Number UCP 2859 Job No. 044572015 I. A voluntary prebid meeting was held June 18, 2008 at 10:00 a.m. at the Indian River County Administration Building. As a result, this addendum forms a part of the Contract Documents and modifies the original Project Documents as noted. Acknowledge receipt of this Addendum in the space provided on the bid proposal. Failure to do so may subject the bidder to disqualification. II. The following people were in attendance: Name Mike Hotchkiss Terry Southard Jerry Davis Michael Vernon Harold Seeley John Monaco Amy Ljongquist Bernie Russell Rick Sampson Daniel Jones Jon Stanton James Contino Eddie Ney Bob Brayton John Piscitielli Larry Vicars Representing Telephone Number IRCU 772-226-1821 IRCU 772-226-3400 IRCU 772-226-1418 IRCU 772-770-5068 IRCU 772-581-7684 TLC 561-478-2025 Florida Design 561-845-1233 Censtate 863-324-3882 Interstate Engineering 561-702-5448 Jones Mechanical Corp. 321-433-3422 Wharton -Smith 772-260-9849 Murray Logan Const. 561-686-3948 W.P.C. 370-9010 AEREX 772-461-0004 Astaldi 954-4234266 Kimley-Horn 772-345-3800 The following items were discussed: 1. Indian River County Utilities • The bid date and time is July 9, 2008 at 2:00 PM. All bids received after this time will be returned to the Contractor unopened. This date has been amended; refer to the additional changes in Contract section of this document. CADocuments and Settings\mikeh"cal Settings\Temp\ADDENDUM NO.1.doc -1- 2. Kimley-Horn and Associates, Inc. • A brief description of the project was discussed. • It was also noted that particular attention be paid to specification section 00456, line item No. 2 regarding the recent experience of three (3) projects in the last two (2) years which are similar in type, size and nature as the proposed project. • The Contractor shall give the water treatment plant's chief operator, Michael Vernon, 48 hours notice prior to any plant shutdowns. • The supplier of the two (2) Owner furnished Variable Frequency Drives (VFD) will furnish the warranties and start-up services for the two feedwater pump VFD's. 3, Open Questions 1, Q. Clarification was requested regarding the use of plant water. There is a conflict between specification section 0 10 10, paragraph 1.05(G) and section 01170, paragraph 1.25. A. IRC will supply water to the Contractor for this project, all other utilities required will be the Contractor's responsibility. 2. Q. Who will be representing the Owner during construction? A. Both the Owner and the Engineer will have a Resident Project Representative. 3. Q. On sheet M-9 there is not a description for pipe indicator No.6? A. Pipe No. 6 marker should be changed to No. 1. 4. Q. Clarification was requested regarding the conflicting notes on sheet M-6? A. Delete the note on sheet M-6 that states "NOTE: OWNER FURNISHED FITTINGS, PIPES AND VALVES" and add the note "Owner is supplying six (6) -2 -inch bulkhead fittings, four (4) -1 -inch bulkhead fittings, four (4) -2 -inch Hayward tru-union valves and two (2) -1 -inch Hayward tru-union valves ". 5. Q. Will performance testing be required after each of the RO Trains is modified? A. Performance testing for the entire skid is not required. The Contractor is responsible for bacteriological testing and any leaks that occur within the scope of repairs. 6. Q. Are there any requirements to pressure test existing pipe systems? A. The Contractor is responsible for pressure testing only newly installed pipe and appurtenances. 7. Q. What are the sequence and downtime requirements for each of the RO Trains? A. Only one RO Train may be taken offline at a time after the required 48 hour notice is given to the WTP Chief Operator. The Train may be offline for a total 72 hours. 8. Q. Who is responsible for the building permit? CADocuments and SettingslmikehTocal Settingffemp\ADDENDUM NO. Ldoc -2. A. Per specification 00100, Paragraph 1.21; Indian River County will pay the permit fee. 9. Q. Is Control Systems Design (CSD) working for the Owner or the Engineer? A. Control Systems Design is working directly for the Contractor. IV. Site Visit 1. Q. Can the existing overhead crane system be used? A. The existing overhead crane system may be utilized; however, the Owner makes no guarantee to the Contractor that system will be functioning at the time of construction. V. Written Questions The following written questions were received: 1. Q. Item 4 and 5 on sheet M-2 are they the same? A. They will be the same for Trains 1 and 2. 2. Q. Do you want the membranes we take out of the old vessels reinstalled in the new vessel? A. Yes. 3. Q. Are there any back-up membranes in case any of the membranes are damaged during the removal process? A. There are no spare or back-up membranes. The Contractor is responsible to replace any membrane(s) that is damaged during construction. 4. Q. Is there an alternate place provided to dump permeate water during bacteriological testing? A. The Contractor shall furnish all necessary piping, valves and appurtenances to construct a temporary means to discharge the permeate through the west overhead door of the RO process room. 5. Q. Sheet M-2 states supply and install new 64nch permeate header with saddle adapters. Could we substitute with tees or tap the pipe and PVC weld? A. Solvent welded tees are acceptable. Tapping and welding is not acceptable. 6. Q. Section 00100-4 Article 1.10 item F requires bidders to submit a Schedule of Subcontractors, Section 00431, with the bid. A. Section 00431, Schedule of Subcontractors, will be included in Addendum No. 2. C Documents and Set ings\►nikehU ocal Settingffemp\ADDENDUM NO. l.doc .3. 7. Q. Could you please clarify the RO membrane replacements? A. The membranes in the pressure vessels that are to replaced are to be carefully removed, properly stored and reinstalled in the new pressure vessels. The existing membranes are not being replaced. 8. Q. The specifications call for GRC conduit. The existing conduit is aluminum. Please advise. A. The specifications will be amended to require aluminum. 9. Q. Drawings E-8 calls for 400 amp disconnect to be NEMA 12. The specifications call for NEMA 4X. Please advise. A. Specification section 16950 requires NEMA 4X disconnect switches, except as shown on the drawings. The note on sheet E-8 is correct. 10. Q. Who is the manufacturer of the existing Main Switchgear and what is the Model number? A. General Electric—Power Break Model . 11. Q. Who is the manufacturer of the existing Post Treatment MCC and what is the Model number? A. Eaton/ Cutler -Hammer -2100 Model. 12. Q. Where is the South Repump Station located? A. It is approximately 1000 feet to the south of the RO Process building. ADDITIONAL CHANGES TO CONTRACT DOCUMENTS SECTION 00020—ADVERTISEMENT FORBIDS Amend Section 00020, Paragraph 1, second to last sentence as follows: Deadline for receipt of bids has been set for 2:00 PM on July 23, 2008. SECTION 16110—RACEWAYS Replace Section 16110, Paragraph 2.01(A) with the following: A. Aluminum conduit shall be as manufactured by Allied Tube and Conduit, 6063 alloy aluminum, temper T-1, or approved equal. DRAWING SHEETS Amend TRAIN REPAIR SCHEDULE Table on Drawing Sheet M4 as follows: The total quantity for line item No. 2 should read "192". CADocuments and Settings\mikeh\L.ocal Settings\TempWDDENDUM NO. 1.doc -4. Amend Drawing Sheet W as follows: EXISTING ZINC ORTHO INJECTION POINT Add note No. 2—Once the existing zinc ortho injection point is relocated to the clearwell, grind the injection port smooth and install a 24 -inch stainless steel repair band, as manufactured by JCM industries or equal, on the existing 24 -inch DIP spool. Amend Drawing Sheet E4 as follows: Keyed Electrical Notes No. 4—Provide 2 # 16 TSP, 1 "C and 24 # 14,1"C from each new drive location to the existing PLC cabinet. Provide DI, DO, Al, AO cards and associated terminal blocks as required if sufficient I/O points in existing PLC panel do not exist. CADocuments and Settingslmikehloca1 Set ingffemp\ADDENDUM NO. Ldoc .5. ADDENDUM NO.2 July 16, 2008 TO CONTRACT DOCUMENTS PROJECT TITLE: Indian River County Utilities South RO Water Treatment Plant Improvements Bid No. 2008027 IRC Project Number UCP 2859 Job No. 044572017 CHANGES TO CONTRACT DOCUMENTS SECTION 16483—VARIABLE FREQUENCY DRIVES Amend Section 16483, Paragraph 2.01(B.6) as follows: 6. Subject to compliance with all of the requirements, provide variable frequency drives of the following manufacturers; Square -D, Cutler -Hammer, ABB or equal. ADD SECTION 00431— SCHEDULE OF SUBCONTRACTORS See attached CADocuments and Set ings\mikehU.ocal Settingffemp\ADDENDUM NO.2.doc -1- SECTION 00431 SCHEDULE OF SUBCONTRACTORS The following are the subcontractors to be used if the undersigned is awarded the contract for this project. NAME & ADDRESS Total dollar amount that will be awarded to Sub -contractors: $ TYPE OF WORK NOTE: The above Schedule of Subcontractors will become a part of the contract that has been awarded and duly executed and must be submitted in writing to the OWNER for approval prior to that sub -contractor performing the work. END OF SECTION CADocuments and Settings\mikehTocal Set ingffemp\ADDENDUM NO.2.doc .2.