HomeMy WebLinkAboutSpecifications Vol. I
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CITY OF SUNNY ISLES BEACH
Median Closure at NE 175th Terrace on Collins
Ave. and SR AlA/Collins Ave. at 183rd St.
Streetscape Improvements
VOLUME I
CONTRACT DOCUMENTS
Prepared by:
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~ Calvin, Giordano & Associates, Inc.
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~. E X C E P T ION A L SOL UTI 0 N 5
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FOR BIDDING PURPOSES ONLY
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CGA Project No. 03-4122.F
City of Sunny Isles Beach Bid No. 09-09-01
September 2009
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CITY OF SUNNY ISLES BEACH
Median Closure at NE 175th Terrace on Collins Ave,
and SR AlA / Collins Ave. at 183rd St.
Streetscape Improvements
Contract Documents
and
Specifications
f Calvin, Giordano & Associates, Inc.
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-lEXCEPTIONAL SOLUTIONS
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CGA Project No. 03-4122,F
City of Sunny Isles Beach Bid No. 09-09-01
September 2009
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TABLE OF CONTENTS
Median Closure at NE 175th Terrace on Collins Ave. and SR A 1 A/Collins Ave. at
183'd St. Streets cape Improvements
CGA Project No. 03-4122.F
City of Sunny Isles Beach Bid No. 09-09-01
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BIDDING REQUIREMENTS, CONTRACT FORMS AND' CONDITIONS OF THE
CONTRACT
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VOLUME 1 - Contract Documents
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DOCUMENTS
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Notice to Bidders
Instructions to Bidders
Bid Forms
Bid Bond
Public Entity Crimes Affidavit
Trench Safety Act
Disadvantaged Business Enterprise Utilization
Restrictions, Prohibitions, Controls, and Labor Provisions
Information Required from Bidders
EJCDC Standard Form of Agreement
Payment Bond
Performance Bond
Acknowledgment of Conformance with O.S.H.A. Standards
General Conditions
Supplementary Conditions
Additional Supplemental Conditions
Addenda
SPECIFICA TIONS
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01000 Supplemental Specifications
01001 Trash Receptacles (prefabricated) Benches (prefabricated)
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VOLUME 2 - Technical Specifications
. SUPPLEMENTAL SPECIFICATIONS
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Section 01000 - Supplemental Specifications
Median Closure at NE 175th Terrace on Collins Ave. and SR A 1 A/Collins Ave. at 183rd St.
Streetscape Improvements
CGA Project No. 03-4122.F
City of Sunny Isles Beach Bid No.09-09-01
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VOLUMEN 2:
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. SUPPLEMENTAL SPECIFICATIONS
II 102 Maintenance of Traffic
. 104 Prevention, Control and abatement of Erosion and Water Pollution
105 Contractor Quality Control General Requirements- Personnel Qualifications
n 110 Removal of Exisiting Structures
. 120 Excavation and Embankment
F'1 125 Excavation for Structures and Pipe
. 160 Acceptance Program
163 Blanket Material
n 200 Rock Base
. 234 Superpave Asphalt Base
300 Prime and Tack Coats for Base Courses
rt 320 Hot Bituminous Mixtures-Cold Feed
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. 330 Surface Requirements
334 Superpave Asphalt Concrete
n 337 Aspahlt Concrete Friction Courses
. 338 Value Added Asphalt Pavement
346 Portland Cement Concrete
F'1 347 Portland Cement Concrete - Class I (Nonstructural)
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425 Inlets, Manholes, and Junction Boxes
I 430 Final Pipe Inspection
449 Precast Concrete Drainage Products
520 Concrete Gutter, Curb Elements, and Traffic Separator
Ii 521 Concrete Barriers, Traffic Railing Barriers and Parapets
. 526 Architectural Pavers
536 Guardrail
I""l 548 Retaining Wall Systems
. 560 Shop, Field and Maintenance Coating of Structural Steel
561 Self-Curing Inorganic Zinc Coating Systems
r"J 562 Zinc Paint Coating
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575 Sodding
n 580 Landscape Installation
. 611 Acceptance of Signal Installation - Submittal Requirements
620 Signal Installation Grounding
..., 630 Installation Requirements-Conduit for Fiber Optic Cable
. 641 Prestressed Concrete Poles
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Highway Signing
Raised Retro-Reflective Pavement Markers and Bituminous Adhesive-Method of
Measurement
Painted Pavement Markings
Course Aggregates
Bituminous Materials
Water for Concrete-Chemical Requirements
Epoxy Compounds
Pozzolans and Slag
Adhesive Bonding Material Systems for Structural Applications
Resilient Connectors for Sealing Precast Structures to Pipe Joints
Clay Pipe
Miscellaneous Type of Pipe-Corrugated Polyethylene Pipe
Lumber and Timber Treatment (Including Treating Materials)
Traffic Marking Materials
Fertilizer
Prepared Soil Layer Materials
Temporary Traffic Control Devices Materials
Pole Cable Distribution System
Reflector Units for Guardrail
Retroreflective and Nonreflective Sign Sheeting
Equipment and Materials
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SECTION 00020
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NOTICE TO BIDDERS
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NOTICE IS HEREBY GIVEN that the CITY COMMISSION of THE CITY OF SUNNY
ISLES BEACH is seeking sealed bids for the following work as specified.
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Median Closure at 175th Terrace on Collins Ave. and SR A 1 A/Collins Ave.
at 183rd St. Streetscape Improvements
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CGA Project No. 03-4122.F
City of Sunny Isles Beach Bid No. 09-09-01
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Sealed bids for the construction of the Median Closure at 175th Terrace on Collins
Ave. and SR A 1 A/Collins Ave. at 183rd St. Streetscape Improvements consisting of
two components; One is the Median Closure Component at 175th Terrace on Collins
Avenue. This Component will involve paving, curbing, and signage, The component
for the streetscape involves improvements along section of State Road AlA (Collins
Avenue and 183rd Street). Work is comprised of demolition of existing sidewalk
with a replacement comprised of concrete pavers. New pedestrian and landscape
lighting will also be part of the project along with new landscaping and irrigation.
These aforementioned improvements will be received by the Owner, City of Sunny
Isles Beach.
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Bids shall be on a unit price basis; segregated bids will not be accepted. Sealed
bids will be received by the City Clerk no later than 10:00 a.m. on Tuesday,
October 20, 2009 at the City of Sunny Isles Beach, City Hall located at 18070
Collins Avenue, Sunny Isles Beach, Florida, 33160. Bids received after this time
will not be considered. The City is under no obligation to return bids. Timely
submitted bids will be opened publicly and read aloud at this time.
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Project Manuals may be obtained from the office of the consultant, Calvin,
Giordano & Associates, Inc., 1800 Eller Drive, Suite 600, Fort Lauderdale, Florida
33316, 8:00 a.m. - 5:00 p.m., Monday-Friday, upon payment of a $175.00 non-
refundable fee, for each Project Manual. Project Manuals may be examined at the
offices of Calvin, Giordano & Associates, Inc., or the City of Sunny Isles Beach, at
the referenced address.
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Bid security in the amount of five percent (5 %) of the Total Bid must accompany
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A mandatory Pre-Bid Meeting for all potential Bidders is set for 10:00 a.m. on
Tuesday September 29, 2009 at the City of Sunny Isles Beach, Governmental
Center located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160.
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The Owner reserves the right to reject any or all Bids, with or without cause, to
waive technical errors and informalities, and to accept the Bid, which best serves
the interests of and represents the best value to the City in conformity with the
criteria set forth in Section 62-8 of the Code of Ordinances of the City of Sunny
Isles Beach.
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For further information, contact the office of the City Engineer c/o Calvin, Giordano
& Associates, Inc. at (954) 921-7781.
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. Jane A. Hines, CMC
City Clerk
n City of Sunny Isles Beach
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Publish Date:
September 18th, 2009
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END OF DOCUMENT
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SECTION 00100
INSTRUCTIONS TO BIDDERS
DEFINITION OF TERMS
1.1 Bidding Documents - these include the Advertisement for Bid, Instructions to
Bidders, Bid Form, sample bidding and contract forms, proposed Contract
Documents as defined in the General Conditions and any Addenda issued
prior to receipt of bids.
1.2 Total Base Bid - the amount stated on the Bid Form for which the Bidder
offers to perform the Work as described in the Bidding Documents.
1.3 Unit Price Bid - the amount stated in the Bid Form as a price per unit of
measurement for materials or labor as described in the Bidding Documents.
1 .4 Addenda - written and graphic documents issued by the Engineer prior to the
execution of the Contract to modify or interpret the Bidding Documents.
1.5 General Conditions - 1996 Version of the Standard General Conditions of
the Construction Contract.
1.6 Any Capitalized terms contained here-in (e.g. Owner, Engineer, Work,
Agreement, Contract) and is not defined above are contained in the General
Conditions Article 1 - Definitions and Terminology.
2.
BIDDING DOCUMENTS
2.1
Complete sets of Bidding Documents may be obtained from the office of the
City Clerk as stated in the Advertisement for Bid.
2.2
Complete sets of Bidding Documents shall be used by Bidders in preparation
of Bids; neither the Owner nor the Engineer assume any responsibility for
errors or misinterpretations resulting from the use of incomplete sets.
2.3
Bidding documents consist of this project manual along with the following
construction plans titled:
Median Closure at NE 175th Terrace on Collins Ave. and SR
A 1 A/Collins Ave. at 183rd St. Streetscape Improvements
Bid No. 09-09-01
CGA Project No. 03-4122.F
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3.
EXAMINATION OF DOCUMENTS AND SITE
3.1
Bidders shall visit the site of the proposed work and become familiar with the
nature and extent of work to be performed and local conditions that may
affect the work.
3.2 The Bidding Documents were prepared to present an essentially accurate
representation of existing conditions, interpreted from available information
on the site. The Bidder is not relieved, however, of the responsibility of
becoming fully informed as to existing conditions at the site.
3.3 Bidders shall examine existing site improvements, and conditions, utilities,
and streets to determine all conditions, which will affect the Work.
4.
INTERPRETATION OF BIDDING DOCUMENTS
4.1 All questions requiring clarification or interpretation of the Bidding
Documents shall be made in writing and shall reach the office of the Owner
at least 5 days prior to the date for receipt of bids. Direct all requests to the
attention of Sabrina Baglieri at Calvin, Giordano & Associates, Inc., 1800
Eller Drive Suite 600, Fort Lauderdale, FL 33316; Fax: 954-921-8807;
Phone: 954-921-7781.
4.2 Any modification or interpretation of the Bidding Documents will be made by
Addendum to all who are recorded by the Engineer as having received a
complete set of Bidding Documents.
4.3 Interpretations or modifications of Bidding Documents made in any manner
other than by Addendum will not be binding.
4.4 A Bidder, prior to submitting his Bid, shall ascertain that he has received all
Addenda issued, and shall acknowledge their receipt in the Bid Form.
5.
SUBSTITUTIONS
5.1 Bidders represent that their Bid is based upon the materials and equipment
described in the Bidding Documents.
5.2 Requests for substitutions will be considered prior to receipt of bids if they
reach the Engineer at least 5 days prior to the date for receipt of bids.
5.3 Acceptance by the Engineer of a proposed substitution will be issued in the
form of an Addendum or Substitution Request Form.
09/09
03-4122.F
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6. QUALIFICATION OF BIDDERS
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6.1
6.2
6.3
6.4
The Bidder shall submit to the Engineer, prior to award of contract, a
properly completed Contractors Qualification Statement, along with any
other evidence of his satisfactory experience and ability to perform the
proposed Work.
The Bidder shall submit a certified financial statement, prepared within the
past 30 days, indicating current financial resources, liabilities, capital
equipment, and past history performance.
Bidders may be disqualified and their bids rejected for any of the following
specific reasons:
a.
b.
Reason to believe that collusion exists among Bidders.
Determination of lack of competency as may be revealed by
qualification statements, financial statements, experience records, or
other questionnaires.
The Bidder's incomplete work load which in the judgment of the
Owner, may cause detrimental impact on prompt completion of this
project.
The Bidder is involved in any litigation against the Owner.
The Bidder has defaulted on any previous contract or is in arrears on
any existing contract.
The submittal of more than one proposal from an individual, firm,
partnership, corporation or association under the same or different
names.
The Bidder, or its principals, have outstanding code enforcement
violations with the City of Sunny Isles Beach.
The Bidder is insolvent or is the subject of a bankruptcy judgement.
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It shall be a requirement of this bid that there are no related party
transactions between the bidder and any employee, agent or contractor of
the City of Sunny Isles Beach. Any bidder who is a related party, as noted
herein, will be considered non-responsive and the proposal and bid bond will
be immediately returned. A bidder will be considered a related party if the
bidder has an ownership interest or is in any way related to an employee,
agent, consultant or contractor of the City, is a sub-consultant of an
employee, agent, consultant or contractor, and can influence the
management or operating policy of the other to an extent that one of the
transacting parties might be prevented from fully pursuing its own separate
interests.
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7. PERFORMANCE OF WORK BY CONTRACTOR:
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7.1
The Contractor shall perform on the site and with his own forces, work
equivalent to at least forty percent (40%) of the total amount of work to be
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performed under this contract. After the contract is awarded, and during the
progress of the work, the Owner reserves the right to reduce the percentage
of work performed by the contractor's own forces.
BID PREPARATION
8.1
8.2
8.3
8.4
8.5
9.
Prepare bids on the forms provided by the Engineer with all blanks on the Bid
Form filled in by typewriter or written in ink.
State total base bid amount in both words and figures. In case of a
discrepancy between the two, the amount written in words shall govern.
Bids shall include the legal name and address of the Bidder and indicate
whether the Bidder is a sole proprietor, a partnership, a corporation, or other
legal entity.
a. Individual - provide name and post office address.
b. Partnership - provide name and post office address of each member of
the partnership.
c. Corporation - provide name and post office address of person signing
the form and legal evidence of his authority to do so; names and
addresses of the corporation president, secretary and treasurer; name
of state where chartered; and affixed with the seal of the corporation,
attested by the secretary.
Bids shall include documentation required by the Florida "Trench Safety
Act." The Trench Safety Act form is included within the Bid Form Section for
completion by the Contractor and review by the Owner. The unit prices
presented in the Bid shall include the Bidders cost of compliance with the
applicable trench safety standards.
All Unit Price Bids requested on the Bid Form shall be bid.
BID SUBMITTAL
9.1
9.2
Submit one (1) original and five (5) copies of the Bid Form, the bid security,
the list of Subcontractors, and other requested attachments, enclosed in a
sealed opaque envelope, addressed to the entity receiving the bids as stated
in the Advertisement for Bids, All pages of each bid package shall be
numbered in sequential order. The envelope shall be further identified with
the Project name, the Bidder's name and address, and the words "BID
ENCLOSED" .
Deposit Bids at the designated location on or before the time and date for
receipt of Bids indicated in the Advertisement for Bids. Bids received after
the time and date indicated for receipt of Bids will be returned unopened.
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10. BID SECURITY
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10.1 Each Bid shall be accompanied by a cashiers check drawn on any State or
National Bank in Florida, or an acceptable Bidders Bond, payable
unconditionally to the Owner, in an amount of five percent (5%) of the
amount of the total Bid.
10.2 Failure of the successful Bidder to enter into the Contract in accordance with
his Bid, or failure to furnish the required bonds will be just cause for an
annulment of the award with the amount of the bid security being forfeited
to the Owner as liquidated damages, not as a penalty.
10.3 Should a Bid Bond be used, acceptable surety companies shall be determined
from the latest United States Treasury Department's list of companies
holding certificates of authority as acceptable Sureties on Federal Bonds.
Requirements for Acceptable Surety Companies are outlined in Item 15.4.
10.4 The Owner may retain the bid security of those Bidders to whom an award
may be considered until successful execution of the Contract and bonds; or
the specified time for holding bids has elapsed; or all Bids have been
rejected.
MODIFICATION AND WITHDRAWAL OF BID
11.1 Prior to the time of bid opening, a Bidder may withdraw his Bid at any time,
but may not resubmit it. Bids may not be modified after submittal, except at
the written request of the Owner or with the Owner's written consent.
11.2 After the bid opening, no Bid may be withdrawn, canceled or modified.
OPENING OF BIDS
12.1 Bids submitted will be opened publicly and read aloud at the time and place
stated in the Advertisement for Bids.
GOVERNING LAWS AND REGULATIONS
13.1 Bidders shall be familiar with all federal, state, and local laws, ordinances,
rules, and regulations that may in any way affect the Work.
13.2 Trench Safety Act: The Occupational Safety and Health Administration
excavation safety standards, 29 CFR 1926.650 Subpart P trench safety
standards will be in effect during the period of construction of the Project. In
compliance with current State of Florida statutes, the Bidder shall provide
documentation required by the Florida Trench Safety statute to the Owner, in
conjunction with the Bid Form.
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13.3 Contractors agree to ensure that Disadvantaged Business Enterprises as
defined in 49 CFR Part 26, as amended, have the maximum opportunity to
participate in the performance of contracts and this Agreement. In this
regard, all recipients, and contractors shall take all necessary and reasonable
steps in accordance with 49 CFR Part 26, as amended, to ensure that the
Disadvantaged Business Enterprises have the maximum opportunity to
compete for and perform contracts. Grantees, recipients and their
contractors shall not discriminate on the basis of race, color, national origin
or sex in the award and performance of Department assisted contracts. The
bidder shall provide DBE documentation required by the Florida Department
of Transportation to the Owner, in conjunction with the Bid Form.
UQUIDA TED DAMAGES
14,1 The Owner may incur financial loss if the Work is not substantially complete
by the date set forth in the Agreement. The Contractor (and his Surety) shall
be liable for liquidated damages in accordance with the Supplementary
Conditions and the Agreement.
15. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND
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15.1 With the execution and delivery of the Contract, the Bidder shall furnish the
following Surety bonds of the forms contained herein:
a.
Performance Bond guaranteeing full and faithful execution of the
Work in an amount equal to 100 percent of the Contract Sum, and
including guaranteed repair and maintenance of all defects due to
faulty materials and workmanship that appear within one year after
completion of contract.
Labor and Material Payment Bond guaranteeing full and proper
protection of all claimants supplying labor and materials in the Work
in an amount equal to 100 percent of the Contract Sum.
b.
15.2 Bonds shall be executed by Surety authorized to do business in the State of
Florida and listed on the latest U.S. Treasury Department list of companies
holding certificates of authority as acceptable sureties on Federal Bonds.
15.3 Bonds executed by an Attorney-in-Fact on behalf of the Surety, shall have
affixed thereto a certified and current copy of Power of Attorney, indicating
the monetary limit of such power.
15.4 Qualifications: As to companies being rated acceptable:
A Bid Bond and Performance and Payment Bond must be executed by a
Surety Company of recognized standing, authorized to do business in the
State of Florida and having been in business with a record of successful
continuous operation for at least (5) years.
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16.
17.
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In addition to the above - minimum qualifications, the Surety Company must
meet the following additional qualifications.
1. The City will accept a surety bond from a company with a rating of
B + + or better for bonds up to $1 million, provided, however, that if
any Surety Company appears on the watch list that is published
quarterly by Intercom of the Office of the Florida Insurance
Commissioner, the City shall review and either accept or reject the
Surety Company based on the financial information available to the
City. A Surety Company that is rejected by the City may be
substituted by the bidder or proposer with a surety company
acceptable to the City, only if the bid amount does not increase.
a.
The Surety Company shall have at least the following minimum
ratings:
Amount of Bond Policyholder' 5 Ratin~ Financial Size Cate~ory
100,000 to 1,000,000 B + + Class V or higher
1,000,001 to 2,000,000 A- Class VI or higher
2,000,001 to 5,000,000 A Class VII or higher
b. All Surety Companies are subject to review and approval by the
Owner and may be rejected without cause. All bonds signed by an
Agency must be accompanied by a certificate of authority to act.
15.5
The Surety Company shall submit verification from the Department of
Insurance Office of the Treasurer stating the surety company's license and
certificate of authorization to do business in the State of Florida.
SUBCONTRACTOR LIST
16.1 In conjunction with the Bid Form, Bidder shall submit a list of names of the
subcontractors and major material suppliers proposed for the principal
portions of the Work. Submit the list on a form provided by the Engineer,
16.2 Prior to award of Contract, the Owner will notify the Bidder in writing if they
have an objection to any person or entity listed. Upon such reasonable
objection, the Bidder shall propose an acceptable substitute person or entity
in accordance with Article 6.06 of the General Conditions.
BID PROTEST
17.1 Protest procedures shall be filed in accordance with Section 62-15 of the
Code of Ordinances of the City of Sunny Isles Beach.
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17.2 The City shall require a deposit from a protestor equal to either 3% of the
estimated price quoted, bid, or proposal amount, or $30,000.00 whichever
is less, in accordance with Section 62-15 of the Code of Ordinances of the
City of Sunny Isles Beach. Failure to follow the protest procedures set forth
in Section 62-15 of the City Code shall automatically nullify any protest or
claim.
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18. CONTRACT AWARD AND EXECUTION
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18.1 Until final award of Contract, the Owner reserves the right to reject any and
all Bids, with or without cause; units sole and absolute discretion to waive
any informality or irregularity; or to accept the Bid which is in the best
interest and represent the best value to the City in conformity with the
criteria set forth in Section 62-8 of the City Code.
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18.2 It is the intent of the City to award this Contract to the bid that represents
the best value to, and best serves the interests of, the City. The contract
will be awarded to the lowest responsible, responsive bidder on the basis of
the queries and investigation described in the Contract Documents and in
conformity with the criteria set forth in Section 62-8 of the City Code. The
City reserves the right to negotiate the terms and conditions of the contract
with the successful Bidder, if any. These negotiations may include all
aspects of the services and fees. Neither the selection of a successful Bidder
on subsequent negotiations shall bind the City until the Contract is approved
by the City Commission and thereafter executed by the Mayor.
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18.3 Upon approval of the Contract by the City Commission, the successful
Bidder shall deliver the executed Contract, along with required bonds and
any other items requested, to the Owner within 10 days. Failure to do so will
be deemed a breach of agreement by the Bidder and result in forfeiture of bid
security as described in the Instructions to Bidders.
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18.4 The Owner reserves the right to hold all proposals and bid guarantees for a
period not to exceed 90 days after the date of bid opening stated in the
Advertisement for Bids.
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18.5 The contract will be awarded to the lowest responsible, responsive bidder on
the basis of the queries and investigation described in the Contract
Documents and in conformity with the criteria set forth in Section 62-8 of
the City Code. Time is of the essence for this project and the time limits set
in the proposal, if set by the bidder, will be accorded weight by the Owner in
the determination of the best proposal. In no case will the award be made
until all necessary investigations have been made into the responsibility of
the lowest responsible, responsive bidder and the Owner is satisfied that the
bidder is qualified to do the Work and have the necessary organization,
capital and equipment to carry out the provisions of the contract to the
satisfaction of the Owner within the time specified.
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18.7 If the Contractor feels that a problem exists either prior to, or during the bid
opening, he/she shall contact the City (within 24 hours of the bid opening)
and follow the City's current policy for bid protests.
18.8 The Owner reserves the right to award as a total contract any combination
of the Unit Price Bid Schedule Items that would be in the best interest of the
Owner.
CASH ALLOWANCES
19.1 The Bidder is advised that a space is provided in the Bid Form, Document
00300, for this purpose only. The Contractor shall not proceed on any
additional work to be covered by allowances until authorized in writing by
the Engineer. Such work shall be approved by the Owner, shall be within the
scope of work defined by this Contract and shall not exceed the amount
indicated in the Bid Form. Any amount remaining in the Cash Allowance will
be retained by the Owner.
END OF DOCUMENT
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00100-9
03-4122.F
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SECTION 00300
BID FORM
Bid of
Address
Phone
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To furnish all materials, equipment and labor and to perform all work in accordance with
the Contract Documents for construction of: Median Closure at NE 175th Terrace on
Collins Ave. and SR A 1 A/Collins Ave. at 183rd St. Streetscape Improvements
located in the CITY OF SUNNY ISLES BEACH.
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To:
CITY OF SUNNY ISLES BEACH
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
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The undersigned Bidder has carefully examined the Bidding Documents and the site of the
proposed work and is familiar with the nature and extent of the work and any local
conditions that may in any manner affect the work to be done.
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The undersigned Bidder agrees to do all the work and furnish all materials called for by the
Bidding Documents, in the manner prescribed therein and to the standards of quality and
performance established by the Engineer for the unit price amounts stated in the spaces
herein provided, for each of the items or combination of items stipulated. Unit price line
items shall include cost of implementing all applicable safety requirements. Bidder
acknowledges that estimated quantities scheduled are approximated for the sole purpose
of obtaining comparative bids for determination of the lowest responsible responsive bidder
and actual quantities required may increase or decrease. Bidder further agrees that
payments will be made on the basis of actual quantities placed and accepted in the
construction
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MEDIAN CLOSURE AT NE 175TH TERRACE ON COLLINS AVE. AND SR A1A1COLLlNS AVE. AT
183RD ST STREETSCAPE IMPROVEMENTS
Bid Estimated Estimated
Item Description Quantity Unit Unit Price Total
I. General
1 Mobilization/Demobilization (< 5 % of total bid)
2 MOT
1 LS
1.0 LS
Sub-Total General
II. Median Closure at NE 175th Terrace
3 Proposed Median Closure (complete) including all labor,
equipment,permits and materials necessary for final
product. Complete median closure to include, but not
limited to, all excavation, backfill, compaction, base,
subgrade, paving, curbing, striping, signage, landscape
and irrigation as indicated in plans.
Sub-Total Median Closure at NE 175th Terrace
III. Streetscape Improvements
A. Treeand Palm protection, removal and relocation
4 Tree and Palm protection 3"-24" caliper
5 Tree and Palm removal 3" - 12" caliper
6 Tree and Palm removal 13" - 24" caliper
7 Tree and Palm relocation 3" - 12" caliper
8 Tree and Palm relocation 13" - 24" caliper
7 EA
2 EA
9 EA
7 EA
19 EA
B. Paving
9 Pavers set on sand
10 Pavers set on concrete
5,270 SF
292 SF
C. Irrigation Equipment (Furnish and Install)
11 Automatic Controller Rainbird esp-lxm-sm8
12 Rain Sensor Switch Hunter mini-click-c-bpsw
13 Automatic Electric Valve Rainbird 150-peb-prs-d
14 Gate Valve Nibco T-113
15 Valve Box Quazite pg 1324bb 18
16 Valve Box Covers Quazite pg 1324caOO
17 1-1/2" Irrigation Main PVC plastic pipe and fittings
18 2" Irrigation Main PVC plastic pipe and fittings
1 EA
1 EA
4 EA
1 EA
5 EA
5 EA
7 LF
41 5 LF
D. Sprinklers Including Associated Swingjoint. Piping.
and Fittin~s
19 Toro 570z-4p
409 EA
E. Furnishings (Furnish and Install)
20 Steel Bench Dumor 119 Series 74"1 x28"d x 32"ht
21 Steel Litter Receptable Dumor 84-22-fto 28"dia x 32"ht
6 EA
4 EA
22 Bus Stop Shelter Tolar Shelters 6549-00 0301354 solar
lighting 13'1 x 4'-8"d x 8'-2"ht EA
LS
00300-2 03-4122.F
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. 09/09
MEDIAN CLOSURE AT NE 175TH TERRACE ON COLLINS AVE. AND SR A1A1COLLlNS AVE. AT
183RD ST STREETSCAPE IMPROVEMENTS
Bid Estimated Estimated
Item Description Quantity Unit Unit Price Total
F. Lighting
23 Pole Light Holophane Fixture # ae-l Odmh24-b-5,n,s-b-f2
City Manufacturing pole # was 12-bk-2pcb-p3
24 Uptight Hydrel series 7000 #7000-70cmt6-1 20-mfl-wh-
qlr
8 EA
44 EA
Sub-Total Streetscape Improvements
TOTAL BASE BID (Items I Thru III)
1$
Written
(Contractor)
(Date)
00300-3
03-4122. F
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BID SECURITY
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Accompanying this Bid is a certified or cashier's check or a bid bond in the amount of 1
5% of the bid payable to the Owner which may be forfeited as liquidated damages if, in
the event this proposal is accepted, the undersigned fails to execute the Agreement and
furnish and pay for the required performance and payment bonds for the Owner within 10
days after acceptance of the Bid; otherwise said certified or cashier's check or bid bond
will be returned to the undersigned.
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The undersigned Bidder agrees to commence work within .1Q days after the date of written
Notice to Proceed, and further agrees to substantially complete the work within 130
consecutive calendar days after the date of written Notice to Proceed, subject to such
extensions of time allowed by the Conditions of the Contract.
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The undersigned Bidder also agrees to complete the entire work within 160 days after the
Contract time commences to run.
.
The undersigned Bidder agrees that this Bid shall be good and may not be withdrawn for a
period of 60 days after the scheduled closing time for receiving bids.
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The undersigned agrees to forfeit to the Owner, as liquidated damages for each calendar
day elapsing between the date established as the date of substantial completion and the
actual date of such substantial completion of the contract work, the amount of $1,500.00
per calendar day.
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The undersigned further agrees to forfeit to the Owner, as liquidated damages for each
calendar day elapsing between the date established as the date of final completion and the
actual date of final completion of the contract work, the amount of $1,000.00 per
calendar day.
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00300-4
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. ADDENDA
i1 Bidder acknowledges the receipt of Addendum No.'s
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1 . ,2. ,3. ,4. ,5.
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(month) (year)
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Contractor:
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II Title
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Address:
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Attachments:
f1 Subcontractor List
. Bid Security
Trench Safety Act documentation
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DOCUMENT 00401
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BID BOND
BIDDER (Name and Address):
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SURETY (Name and Address of Principal Place of Business):
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OWNER (Name and Address):
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CITY OF SUNNY ISLES BEACH
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
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BID
BID DUE DATE:
PROJECT (Brief Description including Location):
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BOND
BOND NUMBER:
DATE: (Not later than Bid Due Date):
PENAL SUM:
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IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the
terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its
behalf by its authorized officer, agent, or representative.
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BIDDER
SURETY
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(Seal)
(Seal)
Bidder's Name and Corporate Seal
Surety's Name and Corporate Seal
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By:
By:
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Signature and Title
Signature and Title
(Attach Power of Attorney)
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Attest:
Attest:
Signature and Title
Signature and Title
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Note:
(1 )
(2)
Above addresses are to be used for giving required notice.
Any singular reference to Bidder, Surety, Owner or other party shall be
considered plural where applicable.
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00401 -1
03-4122.F
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1. Bidder and Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors and assigns to pay to Owner upon default of
Bidder any difference between the total amount of
Bidder's bid and the total amount of the bid of the next
lowest, responsible and responsive bidder as determined
by Owner for the Work required by the Contract
Documents, provided that:
1.1. If there is no such next lowest, responsible
and responsive bidder, and Owner does not
abandon the Project, then Bidder and Surety
shall pay to Owner the penal sum set forth on
the face of this Bond, and
1.2. In no event shall Bidder's and Surety's
obligation hereunder exceed the penal sum
set forth on the face of this Bond.
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2. Default of Bidder shall occur upon the failure of
Bidder to deliver within the time required by the Bidding
Documents (or any extension thereof a9reed to in writing
by Owner) the executed Agreement required by the
Bidding Documents and any performance and payment
bonds required by the Bidding Documents and Contract
Documents.
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3.
This obligation shall be null and void if:
3.1. Owner accepts Bidder's bid and Bidder
delivers within the time required by the
Bidding Documents (or any extension thereof
agreed to in writing by Owner) the executed
Agreement required by the Bidding
Documents and any performance and
payment bonds required by the Bidding
Documents and Contract Documents, or
3.2. All bids are rejected by Owner, or
3.3. Owner fails to issue a notice of award to
Bidder within the time specified in the Bidding
Documents (or any extension thereof agreed
to in writing by Bidder and, if applicable,
consented to by Surety when required by
paragraph 5 hereof).
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4. Payment under this Bond will be due and payable
upon default by Bidder and within 30 calendar days after
receipt by Bidder and within 30 calendar days after
receipt by Bidder and Surety of written notice of default
from Owner, which notice will be given with reasonable
promptness, identifying this Bond and the Project and
including a statement of the amount due.
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5. Surety waives notice of and any and all defenses
based on or arising out of any time extension to issue
notice of award agreed to in writing by Owner and
Bidder, provided that the total time for issuing notice of
award including extensions shall not in the aggregate
exceed 120 days from Bid Due Date without Surety's
written consent.
6. No suit or action shall be commenced under this
Bond prior to 30 calendar days after the notice of default,
as required in Paragraph 4 above, is received by Bidder
and Surety and in no case later than one year after Bid
Due Date.
7. Any suit or action under this Bond shall be
commenced only in a court of competent jurisdiction
located in the state in which the Project is located,
8. Notices required hereunder shall be in writing and
sent to Bidder and Surety at their respective addresses
shown on the face of this Bond. Such notices may be
sent by personal delivery, commercial courier or by
United States Registered or Certified Mail, return receipt
requested, postage pre-paid, and shall be deemed to be
effective upon receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a
current and effective Power of Attorney evidencing the
authority of the officer, agent or representative who
executed this Bond on behalf of Surety to execute, seal
and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable
statutory requirements. Any applicable requirement of
any applicable statute that has been omitted from this
Bond shall be deemed to be included herein as if set forth
at length. If any provision of this Bond conflicts with any
applicable provision of this Bond conflicts with any
applicable provision of any applicable statute, then the
provision of said statute shall govern and the remainder
of this Bond that is not in conflict therewith shall
continue in full force and effect.
11, The term "bid" as used herein includes a bid, offer
or proposal as applicable.
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SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a).
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
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1 . This sworn statement is submitted to
[print name of the public entity]
by
for
[print individual's name and title]
[print name of entity submitting sworn statement]
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement: .)
2.
I understand that a "public entity crime" as defined in Paragraph 287.133(1 )(g), Florida
Statutes, 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 of the United States, including, but not limited to,
any bid or contract for goods or services to be provided to any public entity or an agency or
political subdivision of any other state or of the United States and involving antitrust, fraud,
theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation,
3.
I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1 )(b),
Florida Statues, means a finding of guilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state trial court of record relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury
verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
4.
I understand that an "affiliate" as defined in Paragraph 287.133(1 )(a), Florida Statutes,
means:
5.
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of
the entity and who has been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners, shareholders, employees, members,
and agents who are active in the management of an affiliate. The ownership by one person
of shares constituting a controlling interest in another person, or a pooling of equipment or
income among persons when not for fair market value under an arm's length agreement,
shall be a prima facie case that one person controls another person. A person who
knowingly enters into a joint venture with a person who has been convicted of a public
entity crime in Florida during the preceding 36 months shall be considered an affiliate.
I understand that a "person" as defined in Paragraph 287.133(1 )(e), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the United
States with the legal power to enter into a binding contract and which bids or applies to bid
on contracts for the provision of goods or services let by a public entity, or which
otherwise transacts or applies to transact business with a public entity. The term "person"
includes those officers, directors, executives, partners, shareholders, employees, members,
Form PUR 7068 (Rev. 06/11/92)
09/09
00402-1
03-4122.F
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and agents who are active in management of an entity.
6.
Based on information and belief, the statement which I have marked below is true in
relation to the entity submitting this sworn statement. [Indicate which statement applies]
Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
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The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
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The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989. However, there has been a
subsequent proceeding before a Hearing Officer of the State of Florida, Division of
Administrative Hearings and the Final Order entered by the Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing
Officer determined that it was not in the public interest to place the entity submitting this
sworn statement on the convicted vendor list. [attach a copy of the final order]
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I UNDER_STAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR
THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY
ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN
WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC
ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE
IN THE INFORMATION CONTAINED IN THIS FORM.
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[signature]
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Sworn to and subscribed before me this
.
day of
,20_
.... Personally known
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OR Produced identification
Notary Public - State of
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My commission expires
(Type of identification)
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(Printed typed or stamped
commissioned name of notary public)
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Form PUR 7068 (Rev. 06/11/92)
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DOCUMENT 00403
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TRENCH SAFETY ACT
(90-96, Laws of Florida)
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. Bidder acknowledges that included in the appropriate bid items of the proposal and in the
Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of
., Florida) effective October 1, 1990. The bidder further identifies the costs of such
. compliance to be summarized below:
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Trench Safety
Measure
(Description)
Unit of
Measure
(LFSF)
Unit
(Quantity)
Unit
Cost
Extended
Cost
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C.
D.
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Total $
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If applicable, the Contractor certifies that all trench excavation done within his control in
excess of five feet in depth shall be in accordance with the Florida Department of
Transportation's Special Provisions Article 125-1 and Subarticle 125-4.1 (TRENCH
EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL - TRENCH EXCAVATION).
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Failure to complete the above may result in the bid being declared non-responsive.
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Contractor agrees that the above safety compliances and costs are included in his bid
package.
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Florida Department of Transportation
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JEB BUSH
GOVERNOR
605 Suwannee Street
Tallahassee, FL 32399-0450
DENVER J. STUTLER, JR.
SECRETARY
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POLICY
Effective: March 16, 2006
Office: Equal Opportunity
Topic No: 001-275-015-i
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DISADVANTAGED BUSINESS ENTERPRISE UTiliZATION
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It is the policy of the Florida Department of Transportation that disadvantaged
businesses, as defined by 49 Coae of Federal Regulations, Part 26, shall have an
opportunity to participate in the performance of Department contracts in a non-
discriminatory environment. The objectives of the Disadvantaged Business Enterprise
Program are to ensure non-discrimination in the award and administration of contracts,
ensure firms fully meet eligibility standards, help remove barriers to participation, create
a level playing field, assist in development of a firm so it can compete successfully
outside of the program, provide flexibility, and ensure narrow tailoring of the program.
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The Department, its contractors, suppliers, and consultants shall take all necessary and
reasonable steps to ensure that disadvantaged businesses have an opportunity to
compete for and perform the contract work of the Department in a non-discriminatory
environment.
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The Department shall require its contractors, suppliers, and consultants to not
discriminate on the basis of race, color, national origin, religion, gender, age, or
disability in the award and performance of its contracts,
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This policy covers in part the applicable federal regulations and the applicable statutory
references contained therein for the Disadvantaged Business Enterprise Program
Plan, Chapters 337 and 339, Florida Statutes, and Rule Chapter 14-78, Florida
Administrative Code.
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00404-1
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275-030-11 B
EQUAL OPPORTUNITY OFFICE
04/05
Page 1 of 3
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DBE AFFIRMATIVE ACTION PLAN
POLICY STATEMENT
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It is the policy of that disadvantaged businesses,
as defined by 49 CFR Part 26, Subpart D and implemented under Rule Chapter 14-78, FAC., shall have the
opportunity to participate as subcontractors and suppliers on all contracts awarded by the Florida Department
of Transportation.
The requirements of Rule Chapter 14-78. F.A.C.. shall aoolv to all contracts entered into between the
Florida Department of Transportation and
Subcontractors and/or suppliers to
will also be bound by the requirements of Rule Chapter 14-78 F.A.C.
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, and its subcontractors shall take
all necessary and reasonable steps in accordance with Chapter 14-78, F.A.C., to ensure that disadvantaged
businesses have the opportunity to compete and perform work contracted with the Florida Department of
Transportation.
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, and its subcontractors shall
not discriminate on the basis of race, color, religion, national origin, disability, sex, or age in the administration
of contracts with the Department of Transportation.
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, has designated and appointed
a Liaison Officer to develop, maintain, and monitor the DBE Affirmative Action Plan implementation. The
Liaison Officer will be responsible for disseminating this policy statement throughout
and to disadvantaged controlled
businesses. The statement is posted on notice boards of the Company.
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275-030-11 B
f""'I EQUAL OPPORTUNITY OFFICE
04/05
. Page2of3
I. DESIGNATION OF LIAISON OFFICER
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will aggressively recruit
disadvantaged businesses as subcontractors and suppliers for all contracts with the Florida Department of
Transportation. The Company has appointed a Liaison Officer to develop and maintain this Affirmative Action
Plan in accordance with the requirements of Rule Chapter 14-78, FAC.
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The Liaison Officer will have primary responsibility for developing, maintaining, and monitoring the
Company's utilization of disadvantaged subcontractors in addition to the following specific duties:
(1) The Liaison Officer shall aggressively solicit bids from disadvantaged business
subcontractors for all Florida Department of Transportation contracts;
(2) The Liaison Officer will submit all records, reports, and documents required by the Florida
Department of Transportation, and shall maintain such records for a period of not less than three
years, or as directed by any specific contractual requirements of the Florida Department of
Transportation.
The following individual has been designated Liaison Officer with responsibility for implementing the
Company's affirmative action program in accordance with the requirements of the Florida Department
Transportation.
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II. AFFIRMATIVE ACTION METHODS
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In order to formulate a realistic Affirmative Action Plan,
has identified the following known barriers to participation by disadvantaged subcontractors, before describing
its proposed affirmative action methods:
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1. Lack of qualified disadvantaged subcontractors in our specific geographical areas of work;
2, Lack of certified disadvantaged subcontractors who seek to perform Florida Department of
Transportation work;
3. Lack of interest in performing on Florida Department of Transportation contracts;
4. Lack of response when requested to bid;
5. Limited knowledge of Florida Department of Transportation plans and specifications to
prepare a responsible bid.
In view of the barriers to disadvantaged businesses stated above, it shall be the policy of
to provide opportunity by
utilizing the following affirmative action methods to ensure participation on the contracts with the Florida
Department of Transportation. will:
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1. Provide written notice to all certified DBE subcontractors in the geographical area where the
work is to be subcontracted by the Company;
2. Advertise in minority focused media concerning subcontract opportunities with the Company;
3. Select portions of the work to be performed by DBEs in order to increase the likelihood of meeting
contract goals (including, where appropriate, breaking down contracts into economically feasible
FebnWl~~0:li)1acilitate DBE participation); 00404-3 03-4122.0.
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275-030-11 B
EQUAL OPPORTUNITY OFFICE
04/05
Page 3 of 3
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4. Provide adequate information about the plans, specifications, and requirements of the contract, not
rejecting subcontractors without sound reasons based on a thorough investigation of their
capabilities;
5. Waive requirements of performance bonds where it is practical to do so;
6. Attend pre-bid meetings held by the Florida Department of Transportation to apprise disadvantaged
subcontractors of opportunities with the Company;
7. Follow up on initial solicitations of interest to DBE subcontractors to determine with certainty
whether the DBE company is interested in the subcontract opportunity.
understands that this list
of affirmative action methods is not exhaustive and will include additional approaches after having established
familiarity with the disadvantaged subcontracting community and/or determined the stated approaches to be
ineffective.
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III. IMPLEMENTATION
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On contracts with specific DBE goals,
will make every effort to meet contract goals as stated by utilizing its affirmative action methods. On projects
with no specific goals, the Company will, as an expression of good faith, seek to utilize DBE subcontractors
where work is to be subcontracted.
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IV. REPORTING
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shall keep and maintain
such records as are necessary to determine the Company's compliance with its DBE Affirmative Action Plan.
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The Company will design its record keeping system to indicate:
1. The number of DBE subcontractors and suppliers used by the Company, identifying the items
of work, materials and services provided;
2. The efforts and progress being made in obtaining DBE subcontractors through local and
community sources;
3. Documentation of all contracts, to include correspondence, telephone calls, newspaper
advertisements, etc., to obtain DBE participation on all Florida Department of Transportation projects;
4. The Company shall comply with Florida Department of Transportation's requirements
regarding payments to subcontractors including DBEs for each month (estimate period) in
which the companies have worked.
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V. DBE DIRECTORY
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will utilize the DBE Directory
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published by the Florida Department of Transportation.
The Company will distribute Form Number 275-030-01, Schedule A Certification Form Number 1, to
potential DBE contractors and assist in their completion.
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February 2007
00404-4
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
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BID OPPORTUNITY LIST
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Please complete and mail or fax to:
Equal Opportunity Office
605 Suwannee St., MS 65
Tallahassee, FL 32399-0450
TELEPHONE: (850) 414-4747
FAX: (850) 414-4879
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275-030-10
EQUAL OPPORTUNITY OFFICE
04/05
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This information may also be included in your bid or proposal package.
., Prime Contractor/Consultant:
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Address/Telephone Number:
Bid/Proposal Number:
Quote Submitted MMIYR:
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49 CFR Part 26.11 requires the Florida Department of Transportation to develop and maintain a "bid opportunity list."
The list is intended to be a listing of all firms that are participating, or attempting to participate, on DOT-assisted
contracts. The list must include all firms that bid on prime cOl]tracts, or bid or quote subcontracts and ma1erials supplies
on DOT-assisted projects, including both DBEs and non-DBEs. For consulting companies this list must include all
subconsultants contacting you and expressing an interest in teaming with you on a specific DOT assisted project. Prime
contractors and consultants must provide information for Nos.1, 2, 3 and 4 and should provide any information they have
available on Numbers 5, 6, 7, and 8 for themselves, and their subcontractors and subconsultants.
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1. Federal Tax 10 Number: 6. o DBE
2. Firm Name: o Non-DBE
3. Phone:
4. Address:
7. o Subcontractor
o Subconsultant
5. Year Firm Established:
1. Federal Tax 10 Number: 6. o DBE
2. Firm Name: o Non-DBE
3. Phone:
4. Address:
7. o Subcontractor
o Subconsultant
5. Year Firm Established:
1. Federal Tax 10 Number: 6. o DBE
2. Firm Name: o Non-DBE
3. Phone:
4. Address:
7. o Subcontractor
o Subconsultant
5. Year Firm Established:
February 2007 00404-5
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8. Annual Gross Receipts
o Less than $1 million
o Between $1 - $5 million
o Between $5 - $10 million
o Between $10 - $15 million
o More than $15 million
8. Annual Gross Receipts
o Less than $1 million
o Between $1 - $5 million
o Between $5 - $10 million
o Between $10 - $15 million
o More than $15 million
8. Annual Gross Receipts
o Less than $1 million
o Between $1 - $5 million
o Between $5 - $10 million
o Between $10 - $15 million
o More than $15 million
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
275-030,11 A
EQUAL OPPORTUNITY OFFICE
04/05
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ANTICIPATED DBE PARTICIPATION STATEMENT
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Financial Project Number:
Contract Number:
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. Federal Aid Project Number (if applicable):
~ Prime Contractor Name:
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Contract Dollar Amount:
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Is the prime contractor a Florida Department of Transportation Certified Disadvantaged Business Enterprise (DBE)?
(yes 0 ) (no 0)
,., Expected amount of contract dollars to be subcontracted to DBE(s): $
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It is our intent to subcontract
sub-contractors:
% of the contract dollars to DBE(s), Listed below are the proposed DBE
DBE (s) Name
Tvpe of Work/Specialtv
Dollar Amount/Percentaqe
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Submitted by:
Title:
E-mail Address:
Telephone Number:
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Fax Number:
Date:
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Note: This information is used to track and report anticipated DBE participation in all state and federally funded FOOT
contracts. The anticipated DBE amount will not become a part of the contractual terms.
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This form must be submitted at the pre-construction or pre-work conference. DOT staff must forward this to the
Equal Opportunity Office, 605 Suwannee Street, MS 65 Tallahassee, FL 32399-0450 or fax to (850) 414-4879. If
you have any questions, please contact the EOO at (850) 414-4747.
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Document 00405
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Restrictions, Prohibitions, Controls, and labor Provisions:
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1. Equal Employment Opportunity: In connection with the carrying out of any project, the Agency
shall not discriminate against any employee or applicant because of race, age, creed, color, sex or
national origin. The Agency will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, age, creed, color, sex, or
national origin. Such action shall include, but not be limited to, the following: Employment upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other
forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the
foregoing provision modified only to show the particular contractual relationship in all its contracts in
connection with the development or operation of the project, except contracts for standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all
subcontracts, except demolition, removal, site improvements, or similar work, the Agency shall post, in
conspicuous places available to employees and applicants for employment for project work, notices to be
provided by the Department setting forth the provisions of the nondiscrimination clause.
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2. Title VI - Civil Rights Act of 1964: Execution of this Agreement constitutes a certification that
the Agency will comply with all requirements imposed by Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d. et. Seq.), the Regulations of the Federal Department of Transportation issued thereunder,
and the assurance by the Agency pursuant thereto.
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3. Title VIII - Civil Rights Act of 1968: Execution of this Agreement constitutes a certification that
the Agency will comply with all requirements imposed by the Title VIII of the Civil Rights Act of 1968,
(42 U.S.C. 3601, et seq.), which among other things, prohibits discrimination in housing on the basis of
race, color, national origin, creed, sex, and age.
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4. American with Disabilities Act of 1990 (ADA): Execution of this Agreement constitutes a
" certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C.
. 12102, et. Seq.), the regulations of the federal government issued thereunder, and the assurance by the
Agency pursuant thereto.
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. 5. Prohibited Interests: Neither the Agency nor contractors or their subcontractors shall enter into
any contract, subcontract, or arrangement in connection with the project or any property included or
..., planned to be included in the project, in which any member, officer, or employee of the Agency during
. his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former
member, officer, or employee involuntarily acquires or had acquired prior to beginning of his tenure any
..., such interest, and if such interest is immediately disclosed to the Agency relating to such contract,
. subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the
project or any property included in any project, and shall require its contractors to insert in each of their
n subcontractors to insert in each of their subcontracts, the following provisions:
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"No member, officer, or employee of the Agency during his tenure or for two years thereafter
1"1 shall have any interest, direct or indirect, in this contract or the proceeds thereof."
. The provisions of this subsection shall not be applicable to any agreement between the Agency and its
fiscal depositories, or to any agreement for the utility services the rates for which are fixed or controlled
,., by a Governmental agency.
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6. Interest of Member of, or Delegated to, Congress: No member or delegate to the Congress of the
...., United States shall be admitted to any share or part of the Agreement or any benefit arising there from.
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00405-1
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DOCUMENT 00420
INFORMATION REQUIRED FROM BIDDERS
GENERAL INFORMATION
The Bidder shall furnish the following information, Failure to comply with this requirement may cause
its rejection. Additional sheets shall be attached as required.
1 .
2.
3.
4.
Contractor' s Name/Address:
Contractor's Telephone Number:
Contractor's License:
Primary Classification:
Number of years as a Contractor in construction work of the type involved in this Contract:
5. List the names and titles of all officers of Contractor's firm:
6.
7.
8.
09/09
Name of person who inspected site or proposed work for your firm:
Name:
Date of Inspection:
What is the last project of this nature you have completed?
Have you ever failed to complete work awarded to you; if so, where and why?
00420-1
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9,
Name three individuals or corporations for which you have performed work and to which you
refer:
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10.
List the following information concerning all contracts on hand as of the date of submission of
this proposal. (In case of co-venture, list the information for all co-ventures).
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NAME
OF
PROJECT
CITY
TOTAL
CONTRACT
VALUE
CONTRACTED
DATE OF
COMPLETION
%
COMPLETION
TO DATE
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(Continue list on inset sheet, if necessary)
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What equipment do you own that is available for the work?
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12. What equipment will you purchase for the proposed work?
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NOTE: Attach additional sheets if required.
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If requested by the City, the Bidder shall furnish a notarized financial statement, references and other
information, sufficiently comprehensive to permit an appraisal of his current financial condition.
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00420-2
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LIST OF SUBCONTRACTORS
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The Bidder SHALL list below the name and address of each Subcontractor who will perform work
under this Contract in excess of one-half percent of the total bid price, and shall also list the portion of
the work which will be done by such Subcontractor. After the opening of Proposals, changes or
substitutions will be allowed with written approval of the City of Sunny Isles Beach. Subcontractors
must be properly licensed.
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Work to be Performed
Subcontractor' s Name/Address
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NOTE: Attach additional sheets if required,
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09/09
00420-3
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EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
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THIS AGREEMENT is dated as of the
between CITY OF SUNNY ISLES BEACH
(hereinafter called CONTRACTOR).
day of in the year 20_ by and
(hereinafter called OWNER) and
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OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
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Article 1. WORK.
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CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
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This project involves two separate elements, one is a median closure to limit the traffic
movements on NE 175th Terrace on Collins Avenue, and the other element consists of streetscape
improvements along section of State Road AlA (Collins Avenue and 183rd street), work is comprised
of demolition of existing sidewalk with a replacement comprised of concrete pavers. New pedestrian
and landscape lighting will also be part of the project along with new landscaping and irrigation.
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Article 2. ENGINEER.
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The Project has been designed by:
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Calvin Giordano and Associates, Inc.
1800 Eller Drive, Suite 600
Fort Lauderdale, FL 3331 6
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L1VS Associates
2121 Ponce de Leon Blvd., Suite 610
Coral Gables, FL 33134
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who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties
and responsibilities and have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract Documents.
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Article 3. CONTRACT TIMES.
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3.1. The work will be substantially completed within 130 calendar days after the date when
the Contract Times commence to run completed and ready for final payment in accordance
with paragraph 14.07 of the General Conditions within 160 calendar days after the date when
the Contract Times commence to run.
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3.2. L1QUlDA TED 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 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 One Thousand Five Hundred and 00/100 dollars ($1500.00)
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00500-1
03-4122.F
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for each day that expires after the time specified in paragraph 3.1 for each Substantial
Completion date until the Work is substantially complete. If CONTRACTOR shall neglect,
refuse or fail to complete the project by the project completion date within the time specified
in paragraph 3.1 for completion and readiness for final payment or any proper extension
thereof granted by OWNER, CONTRACTOR shall pay OWNER One Thousand and 00/100
dollars ($1000.00) for each day that expires after the time specified in paragraph 3.1 for
completion and readiness for final payment.
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Article 4. CONTRACT PRICE.
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OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to
paragraphs 4.1 below:
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FOR A LUMP SUM CONTRACT OF:
TOTAL BASE BID (Lump sum, Unit prices, and contingency items)
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(use words)
($
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As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed,
and determinations of actual quantities and classification are to be made by ENGINEER as provided in
paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph
11.03.8 of the General Conditions.
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Article 5. PAYMENT PROCEDURES.
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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.
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5.1. Progress Payments: Retainage. OWNER shall make progress payments on account of
the contract Price on the basis of CONTRACTOR's Applications for Payment as recommended
by ENGINEER, on or about the ~ day of each month during construction as provided in
paragraphs 5.1.1. and 5.1.2. below. All such payments will be measured by the schedule of
values established in paragraph 2.07 of the General Conditions (and in the case of Unit Price
Work based on the number of units completed) or, in the event there is no schedule of values,
as provided in the General Requirements.
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5.1.1. Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage indicated below, but, in each case, less the
aggregate of payments previously made and less such amounts as ENGINEER shall
determine, or OWNER may withhold, in accordance with paragraph 14.02 of the
General Conditions.
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~ % of Work completed (with the balance being retainagel. If Work has
been 50% completed as determined by ENGINEER, and if the character and
progress of the Work have been satisfactory to OWNER and ENGINEER,
OWNER, on recommendation of ENGINEER, may determine that as long as
the character and progress of the Work remain satisfactory to them, there
will be no additional retainage on account of Work completed, in which case
the remaining progress payments prior to Substantial Completion will be in an
amount equal to 100% of the Work completed.
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~ % (with the balance being retainage) of materials and equipment not
incorporated in the Work but delivered, suitably stored and accompanied by
documentation satisfactory to OWNER as provided in paragraph 14.02 of the
General Conditions and within Section 9-6.5 partial payments as provided in
FOOT Standard Specifications for Road and Bridge Construction.
5.1.2. When circumstances beyond the CONTRACTORS control arise (as determined
by the OWNER) the OWNER may allow the total payment to the CONTRACTOR to
increase to 98% of the contract price (with the balance being retainage), less such
amounts as ENGINEER shall determine, only after receipt of the final as-builts and
upon substantial completion of the project and in accordance with Paragraph 14.02
of the General Conditions.
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract
Price as recommended by ENGINEER as provided in said paragraph 14.07.
Article 6. INTEREST. (Not Applicable)
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including
the Addenda listed in paragraph 8) and the other related data identified in the Bidding
Documents including "technical data."
7 .2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance or furnishing of
the Work.
7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground
Facilities) which have been identified in the Supplementary Conditions as provided in
paragraph 4.2.1. of the General Conditions. CONTRACTOR accepts the determination set
forth in paragraph SC-4.2 of the Supplementary Conditions of the extend of the "technical
data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as
provided in paragraph 4.2 of the General Conditions. CONTRACTOR acknowledges that such
reports and drawings are not Contract Documents and may not be complete for
CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not
assume responsibility for the accuracy or completeness of information and data shown or
indicated in the Contract Documents with respect to Underground Facilities at or contiguous to
the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for
having done so) all such additional supplementary examinations, investigations, explorations,
tests, studies and data concerning conditions (surface, subsurface and Underground Facilities)
at or contiguous to the site or otherwise which may affect cost, prog-ress, performance or
furnishing of the Work or which relate to any aspect of the means, methods, techniques,
sequences and procedures of construction to be employed by CONTRACTOR and safety
precautions and programs incident thereto. CONTRACTOR does not consider that any
additional examinations, investigations, explorations, tests, studies or data are necessary for
09/09
03-4122.F
00500-3
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the performance and furnishing of the Work at the contract Price, within the Contract Times
and in accordance with the other terms and conditions of the Contract Documents.
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7.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the site that relates to the Work as indicated in the Contract Documents.
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7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations, explorations, tests, studies and
data with the Contract Documents.
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7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that CONTRACTOR has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents
are generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
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Article 8. CONTRACT DOCUMENTS.
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The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
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8.1.
Notice to Bidders (pages 00020-1 to 00020-2, inclusive).
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8.2.
Instructions to Bidders (pages 00100-1 to 00100-7, inclusive).
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8.3. Bid Forms (pages 00300-1 to 00300-4, inclusive).
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8.4. Bid Bond (pages 00401-1 to 00401-2, inclusive).
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8.5. Public Entity Crimes Affidavit (pages 00402-1 to 00402-2, inclusive).
8.6. Trench Safety Act (page 00403-1, inclusive).
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8.7. Disadvantaged Business Enterprise Utilization (pages 00404-1 to 00404-6, inclusive).
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8.8. Restrictions, Prohibitions, Controls, and Labor Provisions (page 00405-1, inclusive).
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8.9.
Information Required from Bidders (pages 00420-1 to 00420-3, inclusive).
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8.10. This Agreement (EJCDC Standard Form of Agreement pages 00500-1 to 00500-10,
inclusive) .
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8.11. Payment Bond (pages 00600-1 to 00600-2, inclusive).
8.12. Performance Bond (pages 00601-1 to 00601-2, inclusive).
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8.13. Acknowledgment of Conformance with a.S.H.A. Standards (page 00650-1, inclusive).
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8.14. General Conditions (pages 00700-1 to 00700-41, inclusive).
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8.15. Supplementary Conditions (pages 00800-1 to 00800-16, inclusive).
8.16. Addenda (page 00900-1, inclusive).
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8.17. Supplemental Specifications (pages 01000-1 to 01000-214, inclusive).
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8.18. Trash Receptacles (prefabricated) Benches (prefabricated) (pages 01001-1 to 01001-2,
inclusive) .
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8.19. The following which may be delivered or issued after the Effective Date of this Agreement
and are not attached hereto: All Written Amendments and other documents amending,
modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the
General Conditions.
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The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as
expressly noted otherwise above).
"
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There are no Contract Documents other than those listed above in this Article 13. The Contract
Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the
General Conditions.
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Article 9. MISCELLANEOUS.
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9.1.
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9.2.
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9.3.
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Terms used in this Agreement which are defined in Article 1 of the General
Conditions will have the meanings indicated in the General Conditions.
No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party thereto without the written consent of
the party sought to be bound; and, specifically but without limitation, moneys that
may become due and moneys that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an
assignment no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and
legal representatives in respect to all covenants, agreements and obligations
contained in the Contract Documents.
Any provisions or part of the Contract Documents held to be void or unenforceable
under any law or Regulation shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree
that the Contract Documents shall be reformed to replace such stricken provisions or
part thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
9.5. OTHER PROVISIONS.
.
9.5.1. DRAWINGS
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09/09
DESCRIPTION
SHEET NO.
Median Closure Plans
Existing Conditions / Demolition Plan
Paving and Grading Plan
Paving and Grading Details
Pavement Signage and Marking Plans
C100
C200
C201
C600
00500-5
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Streetscape Improvements Plans
Cover Sheet
Demolition
Irrigation Service
Plan
Details
Tree Protection
Paving
Irrigation
Planting
Furnishing
Details
Specifications
Ground Floor Electrical Lighting
Electrical Details
GO.l
Dl.0
C-l
MOT-l
MOT-2
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L2
L3
L4
L5
L6 - L7
L8 - L9
E1.0 - El.l
E2.0
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9.5.2. In accordance with the indemnification provision contained in the General Conditions,
the CONTRACTOR agrees to indemnify and save harmless the CITY OF SUNNY ISLES BEACH,
and their agents and employees, from or on account of any injuries or damages received or
sustained by any person or person during or on account of any operations connected with the
construction of all Work; or by or in consequence of any negligence in connection with the
same; or by use of any improper materials or by or on account of any act or omission of the
said Contractor, subcontractor, agents, servants, or employees; and
.
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9.5.3. The CONTRACTOR agrees to maintain in force at all times during the life of the
construction, public liability insurance, by separate certificate, in an amount not less than
$1,000,000 for injuries, including willful death, to anyone person and subject to those same
limits for each person, in an amount not less that $1,000,000 for damages as a result of each
occurrence and property damage insurance and in an amount not less than $1,000,000 for
damages on anyone occurrence. Such policy shall specifically protect the CITY OF SUNNY
ISLES BEACH, AND their agents and employees, by making them an additional insured, and
shall not be modified or canceled without thirty (30) days written notice to the CITY OF
SUNNY ISLES BEACH.
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9.5.4 Should the final completion and acceptance of the work herein embraced together
with any modification or additions be delayed beyond the time herein set because of lace of
performance by the Contract, it is understood and agreed that aside from any other liquidated
damage per day for such delay from such time until the work is completed and accepted as
herein provided, all costs of engineering and inspection on behalf of the Owner will be charged
to the contractor and deducted from any estimate or payment otherwise due and payable to
him from time to time. The costs of engineering and inspection which may be charged to the
Contractor by the Owner under this article shall be equal to the Engineer's charges to the
Owner.
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in Five (5) parts.
One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of
the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or
identified by ENGINEER on their behalf.
I
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This Agreement will be effective on
Agreement) .
, 20_ (which is the Effective Date of the
ATTEST:
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By
[CORPORATE SEAL]
[CORPORATE SEAL]
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Address for giving notices
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License No.
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Agent for service of process
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(If CONTRACTOR is a corporation, attached
evidence of authority to sign).
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SIGNATURE PAGE FOR CONTRACTS/AGREEMENTS
CITY EXECUTIONS
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IN WITNESS WHEREOF, the parties hereto have made and executed this (Agreement
or Contract) on the respective dates under each signature: City of Sunny Isles Beach
through its City Commission, signing by and through its Mayor, authorized to execute same
by Commission action on the _ day of _, and CONTRACTOR
authorized to execute same.
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CITY OF SUNNY ISLES BEACH, through its
City Commission
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ATTEST:
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By:
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Norman S. Edelcup, Mayor
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_day of
,2009
Jane Hines, City Clerk
,.,
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Approved as to form and legality by
Office of the City Attorney
By:
Rick Conner, P.E, City Manager
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_day of
,2009
r-,
By:
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Hans Ottinot, City Attorney
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_day of
,2009
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(CITY SEAL)
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CERTIFICATE AS TO CORPORATE PRINCIPAL
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, certify that I am the
of
and
, who signed the Bid with City of Sunny Isles,
,..,
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that
Dade County Florida for
is
, City Bid No.
of said Corporation with full authority to sign said Bid on
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behalf of the Corporation.
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Signed and sealed this _ day of
,20_.
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(SEAL)
II
Signature
.
Typed wlTitle
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. STATE OF FLORIDA
COUNTY OF DADE
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SWORN TO AND SUBSCRIBED before me this _ day of
,20_.
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My Commission Expires:
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Notary Public
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CERTIFICATE AS TO AUTHORIZED CORPORATE PERSONNEL
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, certify that I am the
of
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who signed the Bid with City of Sunny Isles Beach, Dade County Florida for the project titled
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, Consultant Project No. , and
that the following persons have the authority to sign payment requests on behalf of the
Corporation:
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(Signature)
(Typed Name w/Title)
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(Signature)
(Typed Name w/Title)
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(Signature)
(Typed Name w/Title)
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Signed and sealed this _ day of
,20_.
.
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(SEAL)
Signature
-
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Typed w/Title
-
STATE OF FLORIDA
COUNTY OF DADE
.
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SWORN TO AND SUBSCRIBED before me this _ day of
,20_,
.
,.., My Commission Expires:
.
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Notary Public
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THIS PAGE INTENTIONALLY LEFT BLANK
00500-11
03-4122.F
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Construction Payment Bond
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. CONTRACTOR (Name and Address):
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
SURETY (Name and Principal Place of Business):
,...,
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OWNER (Name and Address):
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CITY OF SUNNY ISLES BEACH
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
,.,
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CONSTRUCTION CONTRACT
Date:
Amount: $
Description (Name and Location):
.,
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Median Closure at NE 175th Terrace on Collins Ave. and SR A 1 A/Collins Ave. at 183rd St.
Streetscape Improvements
City of Sunny Isles Beach
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BOND
Date (Not earlier than Construction Contract Date):
Amount: $
Modifications to this Bond Form:
,.,
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CONTRACTOR AS PRINCIPAL
Company
(Corp. Seal)
SURETY
Company
(Corp. Seal)
"""'
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Signature:
Name and Title:
Signature:
Name and Title:
II
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II
. CONTRACTOR AS PRINCIPAL
Company
SURETY
(Corp. Seal) Company
(Corp. Seal)
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Signature:
Name and Title:
Signature:
Name and Title:
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.
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EJCDC No. 191O-28B (1984 Edition)
Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Comrnittee, The Associated
General Contractors of America, American Institute of Architects, Arnerican Subcontractors Association, and the Associated Specialty
Contractors.
...,
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00600-1
03-4122.F
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1. The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner for
the performance of the Construction Contract, which is incorporated herein by
reference.
2. With respect to the Owner, this obligation shall be null and void if the
Contractor:
2.1. Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2. Defends, indemnifies and holds harmless the Owner from all claims,
demands, liens or suits by any person or entity who furnished labor,
materials or equipment for use in the performance of the
Construction Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address described in Paragraph
12) of any claims, demands, liens or suits and tendered defense of
such claims, demands, liens or suits to the Contractor and the
Surety, and provided there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if the
Contractor promptly makes payment, directly or indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants under this Bond until:
4.1. Claimants who are employed by or have a direct contract with the
Contractor have given notice to the Surety (at the address described
in Paragraph 12) and sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2. Claimants who do not have a direct contract with the Contractor:
1. Have furnished written notice to the Contractor and sent a
copy, or notice thereof, to the Owner, within 90 days after
having last performed labor or last furnished materials or
equipment included in the claim stating, with substantial
accuracy, the amount of the claim and the name of the party to
whom the materials were furnished or supplied or for whom
the labor was done or performed: and
2. Have either received a rejection in whole or in part from the
Contractor, or not received within 30 days of furnishing the
above notice any communication from the Contractor by which
the Contractor has indicated the claim will be paid directly or
indirectly: and
3, Not having been paid within the above 30 days, have sent a
written notice to the Surety (at the address described in
paragraph 12) and sent a copy, or notice thereof, to the
Owner, stating that a claim is being made under this Bond and
enclosing a copy of the previous written notice furnished to the
Contractor.
5. If a notice required by Paragraph 4 is given by the Owner to the
Contractor or to the Surety, that is sufficient compliance.
6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety
shall promptly and at the Surety's expense take the following actions:
6.1. Send an answer to the Claimant, with a copy to the Owner, within
45 days after receipt of the claim, stating the amounts that are
undisputed and the basis for challenging any amounts that are
disputed.
6.2. Payor arrange for payment of any undisputed amounts.
7. The Surety's total obligation shall not exceed the amount of this Bond,
and the amount of this Bond shall be credited for any payments made in good
faith by the Surety.
8. Amounts owned by the Owner to the Contractor under the Construction
Contract shall be used for the performance of the Construction Contract and to
satisfy claims, if any, under any Construction Performance Bond. By the
Contractor furnishing and the Owner accepting this Bond, they agree that all
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funds earned by the Contractor in the performance of the Construction Contract
are dedicated to satisfy obligations of the Contractor and the Surety under this
Bond, subject to the Owner's priority to use the funds for the completion of the
work.
9. The Surety shall not be liable to the Owner, Claimants or others for
obligations of the Contractor that are unrelated to the Construction Contract.
The Owner shall not be liable for payment of any costs or expenses of any
Claimant under this Bond, and shall have under this Bond no obligations to
make payments to, give notices on behalf of, or otherwise have obligations to
Claimants under this Bond.
10. The Surety hereby waives notice of any change, including changes of
time, to the Construction Contract or to relate subcontracts, purchase orders
and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond
other than in a court of competent jurisdiction in the location in which the work
or part of the work is located or after the expiration of one year from the date
(1) on which the Claimant gave the notice required by Subparagraph 4.1 or
Clause 4.2 (Hi), or (2) on which the last labor or service was performed by
anyone or the last materials or equipment were furnished by anyone under the
construction Contract, whichever of (1) or (2) first occurs. If the provisions of
this Paragraph are void or prohibited by law, the minimum period of limitation
available to sureties as a defense in the jurisdiction of the suit shall be
acceptable.
12. Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page. Actual receipt of notice
by Surety, the Owner or the Contractor, however accomplished, shall be
sufficient compliance as of the date received at the address shown on the
signature page.
13. When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be performed,
any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted here from and provisions confonning to such statutory
or o_ther ~gal requirement shall be deemed incorporated herein. The intent is,
that this Bond shall be construed as a statutory bond and not as a common law
bond.
14. Upon request by any person or entity appearing to be a potential
beneficiary of this Bond, the Contractor shall promptly furnish a copy of this
Bond or shall permit a copy to be made.
15. DEFINITIONS
15.1. Claimant: An individual or entity having a direct contract with the
Contractor or with a subcontractor of the Contractor to furnish
labor, materials or equipment for use in the performance of the
Contract. The intent of this Bond shall be to include without
limitation in the terms "labor, materials or equipment" that part of
water, gas, power, light, heat, oil, gasoline, telephone service or
rental equipment used in the Construction Contract, architectural
and engineering services required for performance of the work of
the Contractor and the Contractor's subcontractors, and all other
items for which a mechanic's lien may be asserted in the jurisdiction
where the labor, materials or equipment were furnished.
15.2. Construction Contract: The agreement between the Owner and the
Contractor identified on the signature page, including all Contract
Documents and changes thereto.
15.3. Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with
the other terms thereof.
(FOR INFORMA nON ONLY-Name, Address and Telephone)
r, AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
.
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EJCDC No. 191O-28B (1984 Edition)
Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated
General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty
Contractors.
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03-4122.F
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Construction Performance Bond
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Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
.,
. CONTRACTOR (Name and Address):
SURETY (Name and Principal Place of Business):
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OWNER (Name and Address):
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CITY OF SUNNY ISLES BEACH
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
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CONSTRUCTION CONTRACT
Date:
Amount: $:
Description (Name and Location):
"1
.
Median Closure at NE 175th Terrace on Collins Ave. and SR A 1A/Collins Ave. at 183rd St.
Streetscape Improvements
City of Sunny Isles Beach
,.,
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BOND
Date (Not earlier than Construction Contract Date):
Amount: $:
Modifications to this Bond Form:
.,
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CONTRACTOR AS PRINCIPAL
Company
SURETY
(Corp. Seal) Company
(Corp. Seal)
.
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Signature:
Name and Title:
Signature:
Name and Title:
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CONTRACTOR AS PRINCIPAL
n Company
SURETY
(Corp. Seal) Company
(Corp. Seal)
.
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Signature:
Name and Title:
Signature:
Name and Title:
.
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EJCDC No. 191O-28A (1984 Edition)
Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated
General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty
Contractors.
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03-4122.F
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1. The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner for
the performance of the Construction Contract, which is incorporated herein by
reference.
2, If the Contractor performs the Construction Contract, the Surety and the
Contractor shall have no obligation under this Bond, except to participate in
conferences as provided in Subparagraph 3.1.
3. If there is no Owner Default, the Surety's obligation under this Bond shall
arise after:
3,1.
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The Owner has notified the Contractor and the Surety at its
address described in Paragraph 10 below, that the Owner is
considering declaring a Contractor Default and has requested and
attempted to arrange a conference with the Contractor and the
Surety to be held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construction
Contract. If the Owner, the Contractor and the Surety agree, the
Contractor shall be allowed a reasonable time to perform the
Construction Contract, but such an agreement shall not waive the
Owner's right, if any, subsequently to declare a Contractor
Default: and
The Owner has declared a Contractor Default and formally
terminated the Contractor's right to complete the contract. Such
Contractor Default shall not be declared earlier than twenty days
after the Contractor and the Surety have received notice as
provided in Subparagraph 3.1: and
The Owner has agreed to pay the Balance of the Contract Price to
the Surety in accordance with the terms of the Construction
Contract or to a contractor selected to perform the Construction
Contract in accordance with the terms of the contract with the
Owner.
4. When the Owner has satisfied the conditions of Paragraph 3, the Surety
shall promptly and at the Surety's expense take one of the following actions:
4.1. Arrange for the Contractor, with consent of the Owner, to
perform and cOlnplete the Construction Contract: or
Undertake to perform and complete the Construction Contract
itself, through its agents or through independent contractors: or
Obtain bids or negotiated proposals from qualified contractors
acceptable to the Owner for a contract for performance and
completion of the Construction Contract, arrange for a contract to
be prepared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured with
performance and payment bonds executed by a qualified surety
equivalent to the bonds issued on the Construction Contract, and
pay to the Owner the amount of damages as described in
Paragraph 6 in excess of the Balance of the Contract Price
incurred by the Owner resulting from the Contractor's default:
or
Waive its right to perform and complete, arrange for completion,
or obtain a new contractor and with reasonable promptness under
the circumstances:
1. After investigation, determine the amount for which it may
be liable to the Owner and, as soon as practicable after the
amount is determined, tender payment therefor to the
Owner: or
2. Deny liability in whole or in part and notify the Owner
citing reasons therefor.
5. If the Surety does not proceed as provided in Paragraph 4 with reasonable
promptness, the Surety shall be deemed to be in default on this Bond fifteen
days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the
Owner shall be entitled to enforce any remedy available to the Owner. If the
Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in whole or in part,
.,
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3.2.
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3.3.
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4.2.
4.3.
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without further notice the Owner shall be entitled to enforce any remedy
available to the Owner.
6. After the Owner has terminated the Contractor's right to complete the
Construction Contract, and if the Surety elects to act under Subparagraph 4.1,
4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract, and
the responsibilities of the Owner to the Surety shall not be greater than those of
the Owner under the Construction Contract. To the limit of the amount of this
Bond, but subject to commitment by the Owner of the Balance of the Contract
Price to mitigation of costs and damages on the Construction Contract, the
Surety is obligated without duplication for:
6.1. The responsibilities of the Contractor for correction of defective
work and completion of the Construction Contract:
6.2. Additional legal, design professional and delay costs resulting
from the Contractor's Default, and resulting from the actions or
failure to act of the Surety under Paragraph 4: and
6.3. Liquidated damages, or if no liquidated damages are specified in
the Construction Contract, actual damages caused by delayed
performance or non-performance of the Contractor.
7. The Surety shall not be liable to the Owner or others for obligations of the
Contractor that are unrelated to the Construction Contract, and the Balance of
the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any
person or entity other than the Owner or its heirs, executors, administrators, or
successors.
8. The Surety hereby waives notice of any change, including changes of
time, to the Construction Contract or to related subcontracts, purchase orders
and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in
any court of competent jurisdiction in the location in which the work or part of
the work is located and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased working or within two
yea!s after the_Surety refuses or fails to perform its obligations under this
Bond, whichever occurs first. If the provisions of limitation available to
sureties as a defense in the jurisdiction of the suit shall be applicable.
10. Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be performed,
any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted here from and provisions conforming to such statutory
or other legal requirement shall be deemed incorporated herein. The intent is
that this Bond shall be construed as a statutory bond and not as a common law
bond.
12. Definitions.
12.1. Balance of the Contract Price: The total amount payable by the
Owner to the Contractor under the Construction Contract after all
proper adjustments have been made, including allowance to the
Contractor of any amounts received or to be received by the
Owner in settlement of insurance or other claims for damages to
which the Contractor is entitled, reduced by all valid and proper
payments made to or on behalf of the Contractor under the
Construction Contract.
12.2. Construction Contract: The agreement between the Owner and
the Contractor identified on the signature page, including all
Contract Documents and changes thereto.
12.3. Contractor Default: Failure of the Contractor, which has neither
been remedied nor waived, to perform or otherwise to comply
with the terms of the Construction Contract.
12.4. Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with
the other terms thereof.
..,
. (FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
..,
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EJCDC No. 191O-28A (1984 Edition)
Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated
General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty
Contractors.
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DOCUMENT 00650
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ACKNOWLEDGEMENT OF CONFORMANCE
WITH O.S.H.A. STANDARDS
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TO THE CITY OF SUNNY ISLES BEACH
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We acknowledge and agree that as
contractors for the construction of the "Median Closure at NE 175th Terrace on Collins
Ave. and SR A 1 A/Collins Ave. at 183rd St. Streetscape Improvements", that we
have the sole responsibility for compliance with all requirements of the Federal
Occupational Safety and Health Act of 1970, and all State and Local Safety and Health
regulations, and agree to indemnify and hold harmless the City of Sunny Isles Beach, and
Calvin, Giordano & Associates, Inc., Consulting Engineers against any and all legal liability
or 1055 the District or the Engineer may incur due to failure
to comply with such act.
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ATTEST
CONTRACTOR
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By:
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Title:
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Engineers Joint Documents Committee
Design and Construction Related Documents
Instructions and License Agreement
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Related Documents even if EJCDC has been advised of
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This Agreement shall be governed by the laws of the State
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This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or
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STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
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Prepared by
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ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
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Issued and Published Jointly By
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ACEC
National Society of
Professional Engineers
Professional Engineers in Private Practice
lISC1e American Society
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AMERIC,\S Com'lCll. 01' E~(';INEF.ltING COMJ'^NI~S
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PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
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AMERICAN COUNCIL OF ENGINEERING COMPANIES
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AMERICAN SOCIETY OF CIVIL ENGINEERS
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This document has been approved and endorsed by
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The Associated General Contractors of America
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~ Knowledge for Creating
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the Buill Environment
Construction Specifications Institute
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EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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Copyright ~2002
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National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
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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
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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-OOl) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the
Preparation of Supplementary Conditions (No. C-800) (2002 Edition).
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EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright i!:> 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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TABLE OF CONTENTS
Page
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ..................................................................................,...........................6
1.01 Defined Terms ..,...... '..................... ... ........................ .................................. .'..... ...... ........ ..,.............,... ..... ........... ..... 6
1.02 Terminology.............................. ..,. ...... ...................... ............ ............ ..........., ,.................. ...... ..,...............................8
ARTICLE 2 - PRELIMINARY MATTERS .......................................................,....................................................................... 9
2.01 Delivery of Bonds and Evidence of Insurance ...........................................................................................,..,..,....... 9
2.02 Copies of Documents ...............................................,...............................................................................................9
2.03 Commencement of Contract Times; Notice to Proceed ....................,......................................................................9
2.04 Starting the Work..................... ................................. ... '" .................... ............................................,... ......... ..,......... 9
2.05 Before Starting Construction ,........................................................................... .............................. ......................... 9
2.06 Preconstruction Conference............. ................................................................................. ..................... ................. 9
2.07 Initial Acceptance 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...............................,.................,...............,....,....................... 11
3.05 Reuse of Documents ...........,..................................................,...............................'.........................,..............,....... 11
3.06 Electronic Data.......... ..,..... ..,............ ........................... ......... ................................................................. ................ 11
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRONMENTAL CONDITIONS; REFERENCE POINTS...................................................................,............................11
4.01 Availability of Lands .........................,............................................................................,...................................,...11
4.02 Subsurface and Physical Conditions ............................................................................................................,........12
4.03 Differing Subsurface or Physical Conditions ...................................,......,...............................,....,........................ 12
4.04 Underground Facilities........................ ..,.......... .................... ........................... ............. ..,............................. ......... 13
4.05 Reference Points...... ,........................., ....... ......... ....,....................... ..................... ........ ..,......... .................. ..,..,...... 13
4.06 Hazardous Environmental Condition at Site ..................................................,......................................................13
ARTICLE 5 - BONDS AND INSURANCE ....................................................................,......................................,.................14
5.01 Performance, Payment, and Other Bonds ..............................................................................,...........'..................14
5.02 Licensed Sureties and Insurers .................................................................................,............................................15
5.03 Certificates of Insurance...... ................................. ,... ....... .................................................. ................ ............ ..,..... 15
5.04 Contractor's Liability Insurance .............................,.........................................................,...................................15
5.05 Owner's Liability Insurance ................'...................,.............................................................................................16
5.06 Property Insurance........................... ...,.....,.... ............. ..'................................................... ..................... ............... 16
5.07 Waiver of Rights ..............................,.......................................,.........................................................................,...17
5.08 Receipt and Application of Insurance Proceeds ..,................................................................................................. 17
5.09 Acceptance of Bonds and Insurance; Option to Replace..........,.........................,..............................,...........,....... 17
5.10 Partial Utilization, Acknowledgment of Property Insurer ............,...............................................,........................ 18
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES...............................,..................................................................,....,..18
6.01 Supervision and Superintendence ......................................,............................................................,...........,.......... 18
6.02 Labor; Working Hours........... ............................................... .............. .....,........................ ..,..,........'.............. .....,.. 18
6.03 Services. Materials. and Equipment .......,.................................,...........................................................,................18
6.04 Progress Schedule ..,............................................................................................................................,................, 18
6.05 Substitutes and "Or-Equals" .................................................................................................................................19
6.06 Concerning Subcontractors, Suppliers, and Others ...................'.............................................,......,.........'........... 20
6.07 Patent Fees and Royalties...............................................................................................................,...................... 21
6.08 Permits ....................,........................ ..........................,........................................................................................... 21
6.09 Laws and Regulations.....,........................................................,...........................................,................ ..,..............21
6. lOT axes................,.,............,................................,.......................................................... ..................,........................22
6.11 Use of Site and Other Areas..................................................................................,................................................22
6.12 Record Documents ................................ ..,.................................................................................................... ..... .....22
6.13 Safety and Protection................................ ..... .................... ..'..................................................,..................... .........22
6.14 Safety Representative....................... ................... ..,.............,......................................................,................ ...........23
6.15 Hazard Communication Programs ................,.........................................,.... ................................... ...................... 23
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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6.16 Emergencies.......... ..,......... ............................ ..................................................................... ..........,.... ........ .............23
6.17 Shop Drawings and Samples .........................................,....................................................................................... 23
6.18 Continuing the Work............... ....................... ..............................., ............... ..,...,....................... .... .............. ......... 24
6.19 Contractor's General Warranty and Guarantee.....................................,..............................................................24
6.20 Indemnification........ ......................................................................................................................,...,................... 24
6.21 Delegation of Professional Design Services .........................,................................................................................ 25
ARTICLE 7 - OTHER WORK AT THE SITE .........................................................................,.......................,..........,............25
7.01 Related Work at Site .............................................................................................................................................. 25
7.02 Coordination.. ....................... ................. ....... ......................................................................................................... 26
7.03 Legal Relationships.. ............................ ..,... ..,.......................... ..,.............. ................. ....,.................... ....................26
ARTICLE 8 - OWNER'S RESPONSIBILITIES ..........................,.......'............................................................................,......26
8.01 Communications to Contractor. .................... ......................................................................................................... 26
8,02 Replacement of Engineer ....................................................................................................................................... 26
8.03 Furnish Data...................................... ............. ....................................................................................................... 26
8.04 Pay When Due .... ......................................... ..,........ .................. ........ ............................................. ,.......................26
8.05 Lands and Easements; Reports and Tests..............................................................................................................26
8.06 Insurance............................................... ,........ ............ ................................................................... ........................ 26
8.07 Change Orders......... .............. ...................... .............. .....,...................................................................................... 26
8.08 Inspections, Tests, and Approvals ..........................................................................................................................26
8.09 Limitations on Owner's Responsibilities .........................,..............................................,...................................... 27
8.10 Undisclosed Hazardous Environmental Condition................................................................................................ 27
8.11 Evidence of Financial Arrangements ............................................................................................. .................., ..... 27
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION......,.......................................,.........................,............27
9.01 Owner's Representative ........................................................................................,................................................ 27
9.02 Visits to Site ............ ,........... ............. .............' ............... ..,.............. ............................................................ ...........,27
9.03 Project Representative .............................................. .......................................,.............................. ................. ...... 27
9.04 Authorized Variations in Work ..............................................................................................................................27
9.05 Rejecting Defective Work................ ............. ..,..... ................... ..,....... ..,....................,..................... ........................ 27
9.06 Shop Drawings, Change Orders and Payments.....................................................................................................28
9.07 Determinations for Unit Price Work............................................................................... ....................................... 28
9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ...................................................28
9.09 Limitations on Engineer's Authority and 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.............................................................................................................,.......................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 ..............................................' .................................................................................... ..... ........ 3 6
14.03 Contractor 's Warranty of Title ........................................................................................... ................................... 37
14.04 Substantial Completion ,..............................................,...................................................,...........................,.......... 3 7
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright <<:> 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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14.05 Partial Utilization.,.... .... ........................................................................................................,......... .... .... ........ ..,...38
14.06 Final Inspection ....... .................................................. ...........................................................,. ........ .......................38
14.07 Final Payment.. .................... .,..........., ............ .... ............................................................... ........... ..........................38
14.08 Final Completion Delayed.............................. ................. ..,........................,.................................................. ..,..... 39
14,09 Waiver of Claims..., ,.. ................................. ..,......................................... ........................................ ........ ,..............39
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION.........................................................,.................,.............39
15.01 Owner May Suspend Work ............................................................................................,............................,..........39
15.02 Owner May Terminate for Cause ....................................,...................................................................,.................39
15.03 Owner May Terminate For Convenience................................................................................................,........,.....40
15.04 Contractor May Stop Work or Terminate ...............................................................,..............................................40
ARTICLE 16 - DISPUTE RESOLUTION .............................................................................................,..................................41
16.01 Methods and Procedures .....................................................................................................................,................. 41
ARTICLE 17 - MISCELLANEOUS ..............................,.....................,.................................................................................... 41
17.01 Giving Notice ............,.........................................,............................... ................................................................... 41
17.02 Computation of Times ...............................................................,............................................................................41
17.03 Cumulative Remedies .................................. ..,............................. ....................................................... ..,.................41
17.04 Survival of Obligations ................................................................................................................................,.........41
17.05 Controlling Law ....,. ............................................................................................................................................... 41
17.06 Headings.......,................................................................................................................ 41
EJCDC C-700 Standard Gcneral Conditions of the Constrnction Contract.
Copyright i!:> 2002 National Society of Professional Engineers for E.JCDC. All rights reserved.
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GENERAL CONDITIONS
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ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
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1.01 Defined Terms
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A. Wherever used in the Bidding Requirements
or Contract Documents and printed with initial capital
letters, the terms listed below will have the meanings
indicated which are applicable to both the singular and
plural thereof. In addition to terms specifically defined,
terms with initial capital letters in the Contract
Documents include references to identified articles and
paragraphs, and the titles of other documents or forms.
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1. Addenda-- Written or graphic instruments
issued prior to the opening of Bids which clarify, correct,
or change the Bidding Requirements or the proposed
Contract Documents.
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2. Agreement-- The written instrument which is
evidence of the agreement between Owner and Contractor
covering the Work.
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3. Applicationfor Payment--The form acceptable
to Engineer which is to be used by Contractor during the
course of the Work in requesting progress or final
payments and which is to be accompanied by such
supporting documentation as is required by the Contract
Documents.
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4. Asbestos--Any material that contains more
than one percent asbestos and is friable or is releasing
asbestos fibers into the air above current action levels
established by the United States Occupational Safety and
Health Administration.
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5. Bid--The offer or proposal of a Bidder
submitted on the prescribed form setting forth the prices
for the Work to be performed.
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6. Bidder-- The individual or entity who submits
a Bid directly to Owner.
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7. Bidding Documents--The Bidding
Requirements and the proposed Contract Documents
(including all Addenda).
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8. Bidding Requirements--The Advertisement or
Invitation to Bid, Instructions to Bidders, bid security of
acceptable form, if any, and the Bid Form with any
supplements.
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9. Change Order--A document recommended by
Engineer which is signed by Contractor and Owner and
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
Agreement.
10. Claim--A demand or assertion by Owner or
Contractor seeking an adjustment of Contract Price or
Contract Times, or both, or other relief with respect to the
terms of the Contract. A demand for money or services by
a third party is not a Claim.
11. Contract-- The entire and integrated written
agreement between the Owner and Contractor concerning
the Work. The Contract supersedes prior negotiations,
representations, or agreements, whether written or oral.
12. Contract Documents-- Those items so
designated in the Agreement. Only printed or hard copies
of the items listed in the Agreement are Contract
Documents. Approved Shop Drawings, other Contractor's
submittals, and the reports and drawings of subsurface
and physical conditions are not Contract Documents.
13. Contract Price-- The moneys payable by
Owner to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the
Agreement (subject to the provisions of Paragraph 11.03
in the case of Unit Price Work).
14. Contract Times--The number of days or the
dates stated in the Agreement to: (i) achieve Milestones, if
any, (ii) achieve Substantial Completion; and (iii) com-
plete the Work so that it is ready for final payment as
evidenced by Engineer's written recommendation of final
payment.
15, Contractor-- The individual or entity with
whom Owner has entered into the Agreement.
16. Cost of the Work--See Paragraph 11.01.A for
definition.
17. Drawings-- That part of the Contract
Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the
Work to be performed by Contractor. Shop Drawings and
other Contractor submittals are not Drawings as so
defined.
18. Effective Date of the Agreement--The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated, it means the date on
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.
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EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright <!) 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 6
43. Specifications-- That part of the Contract
Documents consisting of written requirements for
materials, equipment, systems, standards and
workmanship as applied to the Work, and certain
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright ild 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 7
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20. Field Order--A written order issued by
Engineer which requires minor changes in the Work but
which does not involve a change in the Contract Price or
the Contract Times.
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21. General Requirements--Sections of Division
I of the Specifications. The General Requirements pertain
to all sections of the Specifications.
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22. Hazardous Environmental Condition--The
presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, or Radioactive Material in such
quantities or circumstances that may present a substantial
danger to persons or property exposed thereto in
connection with the Work.
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23. Hazardous Waste--The term Hazardous
Waste shall have the meaning provided in Section 1004 of
the Solid Waste Disposal Act (42 USC Section 6903) as
amended from time to time.
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24. Laws and Regulations; Laws or Regulations-
-Any and all applicable laws, rules, regulations, ordinanc-
es, codes, and orders of any and all governmental bodies,
agencies, authorities, and courts having jurisdiction.
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25. Liens--Charges, security interests, or
encumbrances upon Project funds, real property, or
personal property.
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26. Milestone--A principal event specified in the
Contract Documents relating to an intermediate comple-
tion date or time prior to Substantial Completion of all the
Work.
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27. Notice of Award-- The written notice by
Owner to the Successful Bidder stating that upon timely
compliance by the Successful Bidder with the conditions
precedent listed therein, Owner will sign and deliver the
Agreement.
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28. Notice to Proceed--A written notice given by
Owner to Contractor fixing the date on which the Con-
tract Times will commence to run and on which
Contractor shall start to perform the Work under the
Contract Documents.
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29. Owner--The individual or entity with whom
Contractor has entered into the Agreement and for whom
the Work is to be performed.
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30. PCBs--Polychlorinated biphenyls.
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31. Petroleum--Petroleum, including crude oil or
any fraction thereof which is liquid at standard conditions
of temperature and pressure (60 degrees Fahrenheit and
14.7 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,
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32. Progress Schedule--A schedule, prepared and
maintained by Contractor, describing the sequence and
duration of the activities comprising the Contractor's plan
to accomplish the Work within the Contract Times.
33. Project--The total construction of which the
Work to be performed under the Contract Documents may
be the whole, or a part.
34. Project Manual--The bound documentary
information prepared for bidding and constructing the
Work. A listing of the contents of the Project Manual,
which may be bound in one or more volumes, is
contained in the table(s) of contents.
35. Radioactive Material--Source, special nucle-
ar, or byproduct material as defined by the Atomic Energy
Act of 1954 (42 USC Section 2011 et seq.) as amended
from time to time.
36. Related Entity -- An officer, director, partner,
employee, agent, consultant, or subcontractor.
37. Resident Project Representative-- The autho-
rized representative of Engineer who may be assigned to
the Site or any part thereof.
38. Samples--Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
39. Schedule ofSubmittals--A schedule, prepared
and maintained by Contractor, of required submittals and
the time requirements to support scheduled performance
of related construction activities.
40. Schedule of Values--A schedule, prepared
and maintained by Contractor, allocating portions of the
Contract Price to various portions of the Work and used
as the basis for reviewing Contractor's Applications for
Payment.
41. Shop Drawings--All drawings, diagrams,
illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for
Contractor and submitted by Contractor to illustrate some
portion of the Work,
42. Site--Lands or areas indicated in the Contract
Documents as being furnished by Owner upon which the
Work is to be performed, including rights-of-way and
easements for access thereto, and such other lands
furnished by Owner which are designated for the use of
Contractor.
52. Work Change Directive--A written statement
to Contractor issued on or after the Effective Date of the
Agreement and signed by Owner and recommended by
Engineer ordering an addition, deletion, or revision in the
Work, or responding to differing or unforeseen subsurface
or physical conditions under which the Work is to be
performed or to emergencies. A Work Change Directive
will not change the Contract Price or the Contract Times
EJCDC C-700 Standard General Conditions of the Constrnction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 8
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administrative requirements and procedural matters
applicable thereto.
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44. Subcontractor--An individual or entity
having a direct contract with Contractor or with any other
Subcontractor for the performance of a part of the Work
at the Site,
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45. Substantial Completion--The time at which
the Work (or a specified part thereot) has progressed to
the point where, in the opinion of Engineer, the Work (or
a specified part thereot) is sufficiently complete, in
accordance with the Contract Documents, so that the
Work (or a specified part thereot) can be utilized for the
purposes for which it is intended. The terms "substantially
complete" and "substantially completed" as applied to all
or part of the Work refer to Substantial Completion
thereof.
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46. Successful Bidder-- The Bidder submitting a
responsive Bid to whom Owner makes an award.
...,
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47. Supplementary Conditions-- That part of the
Contract Documents which amends or supplements these
General Conditions,
I
48. Supplier--A manufacturer, fabricator, suppli-
er, distributor, materialman, or vendor having a direct
contract with Contractor or with any Subcontractor to
furnish materials or equipment to be incorporated in the
Work by Contractor or any Subcontractor.
,.,
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49. Underground Facilities--AIl underground
pipelines, conduits, ducts, cables, wires, manholes, vaults,
tanks, tunnels, or other such facilities or attachments, and
any encasements containing such facilities, including
those that convey electricity, gases, steam, liquid
petroleum products, telephone or other communications,
cable television, water, wastewater, storm water, other
liquids or chemicals, or traffic or other control systems.
...,
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50. Unit Price Work--Work to be paid for on the
basis of unit prices.
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51. W ork-- The entire construction or the various
separately identifiable parts thereof required to be
provided under the Contract Documents. Work includes
and is the result of performing or providing all labor,
services, and documentation necessary to produce such
construction, and furnishing, installing, and incorporating
all materials and equipment into such construction, all as
required by the Contract Documents.
,.,
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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
following negotiations by the parties as to its effect, if
any, on the Contract Price or Contract Times.
1.02 Terminology
A. The following words or terms are not defined
but, when used in the Bidding Requirements or Contract
Documents, have the following meaning.
B. Intent of Certain Terms or Adjectives
I. The Contract Documents include the terms "as
allowed," "as approved," "as ordered", "as directed" or
terms of like effect or import to authorize an exercise of
professional judgment by Engineer. In addition, the
adjectives "reasonable," "suitable," "acceptable,"
"proper," "satisfactory," or adjectives of like effect or
import are used to describe an action or determination of
Engineer as to the Work. It is intended that such exercise
of professional judgment, action or determination will be
solely to evaluate, in general, the Work for compliance
with the requirements of and information in the Contract
Documents and conformance with the design concept of
the completed Project as a functioning whole as shown or
indicated in the Contract Documents (unless there is a
specific statement indicating otherwise). The use of any
such term or adjective is not intended to and shall not be
effective to assign to Engineer any duty or authority to
supervise or direct the performance of the Work or any
duty or authority to undertake responsibility contrary to
the provisions of Paragraph 9.09 or any other provision of
the Contract Documents,
C. Day
I. The word "day" means a calendar day
of24 hours measured from midnight to the next midnight.
D. Defective
1. The word "defective," when modifying the
word "Work," refers to Work that is unsatisfactory,
faulty, or deficient in that it:
a. does not conform to the Contract Documents,
or
b. does not meet the requirements of any
applicable inspection, reference standard, test, or
approval referred to in the Contract Documents,
or
c. has been damaged prior to Engineer's -
recommendation of final payment (unless
responsibility for the protection thereof has been
assumed by Owner at Substantial Completion in
accordance with Paragraph 14.04 or 14.05).
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E. Furnish, Install, Perform, Provide
1. The word "furnish," when used in connection
with services, materials, or equipment, shall mean to
supply and deliver said services, materials, or equipment
to the Site (or some other specified location) ready for use
or installation and in usable or operable condition.
2. The word "install," when used in connection
with services, materials, or equipment, shall mean to put
into use or place in final position said services, materials,
or equipment complete and ready for intended use.
3. The words "perform" or "provide," when used
in connection with services, materials, or equipment, shall
mean to furnish and install said services, materials, or
equipment complete and ready for intended use.
4. When "furnish," "install," "perform," or "pro-
vide" is not used in connection with services, materials, or
equipment in a context clearly requiring an obligation of
Contractor, "provide" is implied.
F. Unless stated otherwise in the Contract Docu-
ments, words or phrases which have a well-known
technical or construction industry or trade meaning are
used in the Contract Documents in accordance with such
recognized meaning.
ARTICLE 2 - PRELIMINARY MAITERS
2,0 I Delivery of Bonds and Evidence of Insurance
A. When Contractor delivers the executed
counterparts of the Agreement to Owner, Contractor shall
also deliver to Owner such bonds as Contractor may be
required to furnish.
B. Evidence of Insurance: Before any Work at
the Site is started, Contractor and Owner shall each
deliver to the other, with copies to each additional insured
identified in the Supplementary Conditions, certificates of
insurance (and other evidence of insurance which either
of them or any additional insured may reasonably request)
which Contractor and Owner respectively are required to
purchase and maintain in accordance with Article 5.
2.02 Copies of Documents
or, if a Notice to Proceed is given, on the day indicated in
the Notice to Proceed. A Notice to Proceed may be given
at any time within 30 days after the Effective Date of the
Agreement. In no event will the Contract Times com-
mence to run later than the sixtieth day after the day of
Bid opening or the thirtieth day after the Effective Date of
the Agreement, whichever date is earlier.
2.04 Starting the Work
A. Contractor shall start to perform the Work on
the date when the Contract Times commence to run. No
Work shall be done at the Site prior to the date on which
the Contract Times commence to run.
2.05 Before Starting Construction
A. Preliminary Schedules: Within 10 days after
the Effective Date of the Agreement (unless otherwise
specified in the General Requirements), Contractor shall
submit to Engineer for timely review:
I. a preliminary Progress Schedule; indicating
the times (numbers of days or dates) for starting and
completing the various stages of the Work, including any
Milestones specified in the Contract Documents;
2. a preliminary Schedule of Submittals; and
3. a preliminary Schedule of Values for all of the
Work which includes quantities and prices of items which
when added together equal the Contract Price and subdi-
vides the Work into component parts in sufficient detail to
serve as the basis for progress payments during
performance of the Work. Such prices will include an
appropriate amount of overhead and profit applicable to
each item of Work,
2.06 Preconstruction Conference
A. Before any Work at the Site is started, a
conference attended by Owner, Contractor, Engineer, and
others as appropriate will be held to establish a working
understanding among the parties as to the Work and to
discuss the schedules referred to in Paragraph 2.05.A,
procedures for handling Shop Drawings and other
submittals, processing Applications for Payment, and
maintaining required records.
2.07 Initial Acceptance of Schedules
A, At least 10 days before submission of the first
Application for Payment a conference attended by
Contractor, Engineer, and others as appropriate will be
held to review for acceptability to Engineer as provided
below the schedules submitted in accordance with
Paragraph 2.05.A. Contractor shall have an additional 10
days to make corrections and adjustments and to complete
and resubmit the schedules. No progress payment shall be
A. The Contract Times will commence to run on made to Contractor until acceptable schedules are
the thirtieth day after the Effective Date of the Agreement submitted to Engineer.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 9
A. Owner shall furnish to Contractor up to ten
printed or hard copies of the Drawings and Project
Manual. Additional copies will be furnished upon request
at the cost of reproduction.
2.03 Commencement of Contract Times; Notice to
Proceed
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1. The Progress Schedule will be acceptable to
Engineer ifit provides an orderly progression of the Work
to completion within the Contract Times, Such acceptance
will not impose on Engineer responsibility for the
Progress Schedule, for sequencing, scheduling, or
progress of the Work nor interfere with or relieve
Contractor from Contractor's full responsibility therefor.
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2. Contractor's Schedule of Submittals will be
acceptable to Engineer if it provides a workable
arrangement for reviewing and processing the required
submittals.
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3. Contractor's Schedule of Values will be
acceptable to Engineer as to fonn and substance if it
provides a reasonable allocation of the Contract Price to
component parts of the Work.
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ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
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3.01 Intent
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A, The Contract Documents are complementary;
what is required by one is as binding as if required by all.
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B. It is the intent of the Contract Documents to
describe a functionally complete Project (or part thereof)
to be constructed in accordance with the Contract Docu-
ments. Any labor, documentation, services, materials, or
equipment that may reasonably be inferred from the
Contract Documents or from prevailing custom or trade
usage as being required to produce the intended result will
be provided whether or not specifically called for at no
additional cost to Owner.
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C, Clarifications and interpretations of the
Contract Documents shall be issued by Engineer as
provided in Article 9.
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3.02 Reference Standards
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A. Standards, Specifications, Codes, Laws, and
Regulations
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I. Reference to standards, specifications,
manuals, or codes of any technical society, organization,
or association, or to Laws or Regulations, whether such
reference be specific or by implication, shall mean the
standard, specification, manual, code, or Laws or Regula-
tions in effect at the time of opening of Bids (or on the
Effective Date of the Agreement if there were no Bids),
except as may be otherwise specifically stated in the
Contract Documents,
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2. No provision of any such standard,
specification, manual or code, or any instruction of a
.
Supplier shall be effective to change the duties or
responsibilities of Owner, Contractor, or Engineer, or any
of their subcontractors, consultants, agents, or employees
from those set forth in the Contract Documents. No such
provision or instruction shall be effective to assign to
Owner, or Engineer, or any of, their Related Entities, any
duty or authority to supervise or direct the perfonnance of
the Work or any duty or authority to undertake respon-
sibility inconsistent with the provisions of the Contract
Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies
I. Contractor's Review of Contract Documents
Before Starting Work: Before undertaking each part of the
Work, Contractor shall carefully study and compare the
Contract Documents and check and verify pertinent
figures therein and all applicable field measurements.
Contractor shall promptly report in writing to Engineer
any conflict, error, ambiguity, or discrepancy which
Contractor may discover and shall obtain a written
interpretation or clarification from Engineer before
proceeding with any Work affected thereby.
2. Contractor's Review of Contract Documents
During Performance of Work: If, during the perfonnance
of the Work, Contractor discovers any conflict, error,
ambiguity, or discrepancy within the Contract Documents
or between the Contract Documents and any provision of
any Law or Regulation applicable to the perfonnance of
the Work or of any standard, specification, manual or
code, or of any instruction of any Supplier, Contractor
shall promptly report it to Engineer in writing. Contractor
shall not proceed with the Work affected thereby (except
in an emergency as required by Paragraph 6.l6.A) until
an amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
Paragraph 3.04.
3. Contractor shall not be liable to Owner or
Engineer for failure to report any conflict, error, ambigu-
ity, or discrepancy in the Contract Documents unless
Contractor knew or reasonably should have known
thereof.
B. Resolving Discrepancies
I. Except as may be otherwise specifically stated
in the Contract Documents, the provisions of the Contract
Documents shall take precedence in resolving any
conflict, error, ambiguity, or discrepancy between the
provisions of the Contract Documents and:
a. the provisions of any standard, specification,
manual, code, or instruction (whether or not
specifically incorporated by reference in the
Contract Documents); or
.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright <<:J 2002 National Society of Professional Engineers for E.JCDC. All rights reserved.
00700 - 10
I I
A. Copies of data furnished by Owner or
Engineer to Contractor or Contractor to Owner or
Engineer that may be relied upon are limited to the
printed copies (also known as hard copies). Files in
electronic media format of text, data, graphics, or other
types are furnished only for the convenience of the
receiving party. Any conclusion or information obtained
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 11
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b. the proVISIOns of any Laws or Regulations
applicable to the performance of the Work
(unless such an interpretation of the provisions
of the Contract Documents would result in viola-
tion of such Law or Regulation).
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3.04 Amending and Supplementing Contract
Documents
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A. The Contract Documents may be amended to
provide for additions, deletions, and revisions in the Work
or to modify the terms and conditions thereof by either a
Change Order or a Work Change Directive.
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B. The requirements of the Contract Documents
may be supplemented, and minor variations and
deviations in the Work may be authorized, by one or more
of the following ways:
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I. A Field Order;
2. Engineer's approval of a Shop Drawing or
Sample; (Subject to the provisions of Paragraph
6.17.D.3); or
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3. Engineer's written interpretation or
clarification.
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3.05
Reuse of Documents
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A. Contractor and any Subcontractor or Supplier
or other individual or entity performing or furnishing all
of the Work under a direct or indirect contract with
Contractor, shall not:
,..,
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I. have or acquire any title to or ownership
rights in any of the Drawings, Specifications, or
other documents (or copies of any thereot) prepared by or
bearing the seal of Engineer or Engineer's consultants,
including electronic media editions; or
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2. reuse any of such Drawings, Specifications,
other documents, or copies thereof on extensions
of the Project or any other project without written consent
of Owner and Engineer and specific written verification
or adaption by Engineer.
.
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B. The prohibition of this Paragraph 3.05 will
survive final payment, or termination of the Contract.
Nothing herein shall preclude Contractor from retaining
copies of the Contract Documents for record purposes.
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3.06 Electronic Data
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or derived from such electronic files will be at the user's
sole risk. If there is a discrepancy between the electronic
files and the hard copies, the hard copies govern.
B. Because data stored in electronic media
format can deteriorate or be modified inadvertently or
otherwise without authorization of the data's creator, the
party receiving electronic files agrees that it will perform
acceptance tests or procedures within 60 days, after which
the receiving party shall be deemed to have accepted the
data thus transferred. Any errors detected within the 60-
day acceptance period will be corrected by the
transferring party..
C. When transferring documents in electronic
media format, the transferring party makes no
representations as to long term compatibility, usability, or
readability of documents resulting from the use of
software application packages, operating systems, or
computer hardware differing from those used by the
data's creator.
ARTICLE 4 A V AILABILITY
SUBSURFACE AND PHYSICAL
HAZARDOUS ENVIRONMENTAL
REFERENCE POINTS
OF LANDS;
CONDITIONS;
CONDITIONS;
4.0 I Availability of Lands
A. Owner shall furnish the Site. Owner shall
notify Contractor of any encumbrances or restrictions not
of general application but specifically related to use of the
Site with which Contractor must comply in performing
the Work. Owner will obtain in a timely manner and pay
for easements for permanent structures or permanent
changes in existing facilities. If Contractor and Owner are
unable to agree on entitlement to or on the amount or
extent, if any, of any adjustment in the Contract Price or
Contract Times, or both, as a result of any delay in
Owner's furnishing the Site or a part thereof, Contractor
may make a Claim therefor as provided in Paragraph
10.05.
B. Upon reasonable written request, Owner shall
furnish Contractor with a current statement of record legal
title and legal description of the lands upon which the
Work is to be performed and Owner's interest therein as
necessary for giving notice of or filing a mechanic's or
construction lien against such lands in accordance with
applicable Laws and Regulations.
C. Contractor shall provide for all additional
lands and access thereto that may be required for
temporary construction facilities or storage of materials
and equipment.
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4.02 Subsurface and Physical Conditions
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A. Reports and Drawings: The Supplementary
Conditions identify:
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1. those reports of explorations and tests of
subsurface conditions at or contiguous to the" Site that
Engineer has used in preparing the Contract Documents;
and
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2. those drawings of physical conditions in or
relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities)
that Engineer has used in preparing the Contract
Documents.
I
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B. Limited Reliance by Contractor on Technical
Data Authorized: Contractor may rely upon the general
accuracy of the "technical data" contained in such reports
and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified
in the Supplementary Conditions. Except for such reliance
on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of
their Related Entities with respect to:
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I. the coinpleteness of such reports and drawings
for Contractor's purposes, including, but not limited to,
any aspects of the means, methods, techniques,
sequences, and procedures of construction to be employed
by Contractor, and safety precautions and programs
incident thereto; or
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2. other data, interpretations, opinions, and
information contained in such reports or shown or
indicated in such drawings; or
.
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3. any Contractor interpretation of or conclusion
drawn from any "technical data" or any such other data,
interpretations, opinions, or information.
.
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4.03
Differing Subsurface or Physical Conditions
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A. Notice: If Contractor believes that any subsur-
face or physical condition at or contiguous to the Site that
is uncovered or revealed either:
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I, is of such a nature as to establish that any
"technical data" on which Contractor is entitled to rely as
provided in Paragraph 4.02 is materially inaccurate; or
1'""1
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2. is of such a nature as to require a change in the
Contract Documents; or
1'""1
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3. differs materially from that shown or indicated
in the Contract Documents; or
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4. is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally
recognized as inherent in work of the character provided
for in the Contract Documents;
then Contractor shall, promptly after becoming aware
thereof and before further disturbing the subsurface or
physical conditions or performing any Work in connec-
tion therewith (except in an emergency as required by
Paragraph 6.16.A), notify Owner and Engineer in writing
about such condition. Contractor shall not further disturb
such condition or perform any Work in connection
therewith (except as aforesaid) until receipt of written
order to do so.
B. Engineer's Review: After receipt of written
notice as required by Paragraph 4.03.A, Engineer will
promptly review the pertinent condition, determine the
necessity of Owner's obtaining additional exploration or
tests with respect thereto, and advise Owner in writing
(with a copy to Contractor) of Engineer's findings and
conclusions.
C. Possible Price and Times Adjustments
I. The Contract Price or the Contract Times, or
both, will be equitably adjustea to the extent that the
existence of such differing subsurface or physical
condition causes an increase or decrease in Contractor's
cost of, or time required for, performance of the Work;
subject, however, to the following:
a. such condition must meet anyone or more of
the categories described in Paragraph 4.03.A;
and
b. with respect to Work that is paid for on a Unit
Price Basis, any adjustment in Contract Price
will be subject to the provisions of Paragraphs
9.07 and 11.03.
2. Contractor shall not be entitled to any
adjustment in the Contract Price or Contract Times if:
a. Contractor knew of the existence of such
conditions at the time Contractor made a final
commitment to Owner with respect to Contract
Price and Contract Times by the submission of a
Bid or becoming bound under a negotiated
contract; or
b. the existence of such condition could
reasonably have been discovered or revealed as a
result of any examination, investigation, explo-
ration, test, or study of the Site and contiguous
areas required by the Bidding Requirements or
Contract Documents to be conducted by or for
Contractor prior to Contractor's making such
final commitment; or
11
EJCDC C-700 Standard General Conditions of the Constrnction Contract.
Copyright <<:l2002 National Society of Professional Engineers for EJCnc. All rights reserved.
00700 - 12
.
1. If an Underground Facility is uncovered or
revealed at or contiguous to the Site which was not shown
or indicated, or not shown or indicated with reasonable
accuracy in the Contract Documents, Contractor shall,
promptly after becoming aware thereof and before further
disturbing conditions affected thereby or performing any
Work in connection therewith (except in an emergency as
required by Paragraph 6.16.A), identify the owner of such
Underground Facility and give written notice to that
owner and to Owner and Engineer. Engineer will
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved,
00700 - 13
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c. Contractor failed to give the written notice as
required by Paragraph 4.03.A.
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3. If Owner and Contractor are unable to agree
on entitlement to or on the amount or extent, if any, of
any adjustment in the Contract Price or Contract Times,
or both, a Claim may be made therefor as provided in
Paragraph 10.05. However, Owner and Engineer, and any
of their Related Entities shall not be liable to Contractor
for any claims, costs, losses, or 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) sustained by
Contractor on or in connection with any other project or
anticipated project.
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4.04 Underground Facilities
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A. Shown or Indicated: The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or
contiguous to the Site is based on information and data
furnished to Owner or Engineer by the owners of such
Underground Facilities, including Owner, or by others.
Unless it is otherwise expressly provided in the Sup-
plementary Conditions:
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I. Owner and Engineer shall not be responsible
for the accuracy or completeness of any such information
or data; and
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2. the cost of all of the following will be
included in the Contract Price, and Contractor shall have
full responsibility for:
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a. reviewing and checking all such information
and data,
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b. locating all Underground Facilities shown or
indicated in the Contract Documents,
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c. coordination of the Work with the owners of
such Underground Facilities, including Owner,
during construction, and
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d. the safety and protection of all such Under-
ground Facilities and repairing any damage
thereto resulting from the Work.
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B. Not Shown or Indicated
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promptly review the Underground Facility and determine
the extent, if any, to which a change is required in the
Contract Documents to reflect and document the
consequences of the existence or location of the Under-
ground Facility. During such time, Contractor shall be
responsible for the safety and protection of such
Underground Facility.
2. If Engineer concludes that a change in the
Contract Documents is required, a Work Change
Directive or a Change Order will be issued to reflect and
document such consequences. An equitable adjustment
shall be made in the Contract Price or Contract Times, or
both, to the extent that they are attributable to the
existence or location of any Underground Facility that
was not shown or indicated or not shown or indicated
with reasonable accuracy in the Contract Documents and
that Contractor did not know of and could not reasonably
have been expected to be aware of or to have anticipated.
If Owner and Contractor are unable to agree on
entitlement to or on the amount or extent, if any, of any
such adjustment in Contract Price or Contract Times,
Owner or Contractor may make a Claim therefor as
provided in Paragraph 10.05.
4.05 Reference Points
A. Owner shall provide engineering surveys to
establish reference points for construction which in
Engineer's judgment are necessary to enable Contractor
to proceed with the Work, Contractor shall be responsible
for laying out the Work, shall protect and preserve the
established reference points and property monuments, and
shall make no changes or relocations without the prior
written approval of Owner. Contractor shall report to
Engineer whenever any reference point or property
monument is lost or destroyed or requires relocation
because of necessary changes in grades or locations, and
shall be responsible for the accurate replacement or
relocation of such reference points or property
monuments by professionally qualified personnel.
4.06
Hazardous Environmental Condition at Site
A. Reports and Drawings: Reference is made to
the Supplementary Conditions for the identification of
those reports and drawings relating to a Hazardous
Environmental Condition identified at the Site, if any, that
have been utilized by the Engineer in the preparation of
the Contract Documents.
B. Limited Reliance by Contractor on Technical
Data Authorized: Contractor may rely upon the general
accuracy of the "technical data" contained in such reports
and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified
in the Supplementary Conditions. Except for such reliance
on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of
their Related Entities with respect to:
F. If after receipt of such written notice A. Contractor shall furnish perfonnance and
Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the
a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful perfonnance and
resume such Work under such special conditions, then payment of all of Contractor's obligations under the
Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect
area affected by such condition to be deleted from the until one year after the date when final payment becomes
Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright@ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 14
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1. the completeness of such reports and drawings
for Contractor's purposes, including, but not limited to,
any aspects of the means, methods, techniques, sequences
and procedures of construction to be employed by
Contractor and safety precautions and programs incident
thereto; or
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2. other data, interpretations, opInIOns and
infonnation contained in such reports or shown or
indicated in such drawings; or
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3. any Contractor interpretation of or conclusion
drawn from any "technical data" or any such other data,
interpretations, opinions or information.
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C, Contractor shall not be responsible for any
Hazardous Environmental Condition uncovered or re-
vealed at the Site which was not shown or indicated in
Drawings or Specifications or identified in the Contract
Documents to be within the scope of the Work.
Contractor shall be responsible for a Hazardous
Environmental Condition created with any materials
brought to the Site by Contractor, Subcontractors,
Suppliers, or anyone else for whom Contractor is
responsible.
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D. If Contractor encounters a Hazardous
Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous
Environmental Condition, Contractor shall immediately:
(i) secure or otherwise isolate such condition; (ii) stop all
Work in connection with such condition and in any area
affected thereby (except in an emergency as required by
Paragraph 6.16.A); and (iii) notify Owner and Engineer
(and promptly thereafter confirm such notice in writing).
Owner shall promptly consult with Engineer concerning
the necessity for Owner to retain a qualified expert to
evaluate such condition or take corrective action, if any.
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E. Contractor shall not be required to resume
Work in connection with such condition or in any affected
area until after Owner has obtained any required permits
related thereto and delivered to Contractor written notice:
(i) specifying that such condition and any affected area is
or has been rendered safe for the resumption of Work; or
(ii) specifying any special conditions under which such
Work may be resumed safely. If Owner and Contractor
cannot agree as to entitlement to or on the amount or
extent, if any, of any adjustment in Contract Price or
Contract Times, or both, as a result of such Work stop-
page or such special conditions under which Work is
agreed to be resumed by Contractor, either party may
make a Claim therefor as provided in Paragraph 10.05.
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entitlement to or on the amount or extent, if any, of an
adjustment in Contract Price or Contract Times as a result
of deleting such portion of the Work, then either party
may make a Claim therefor as provided in Paragraph
10.05. Owner may have such deleted portion of the Work
perfonned by Owner's own forces or others in accordance
with Article 7.
G. To the fullest extent permitted by Laws and
Regulations, Owner shall indemnify and hold hannless
Contractor, Subcontractors, and Engineer, and the
officers, directors, partners, employees, agents,
consultants, and subcontractors of each and any of them
from and against 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 a Hazardous
Environmental Condition, provided that such Hazardous
Environmental Condition: (i) was not shown or indicated
in the Drawings or Specifications or identified in the
Contract Documents to be included within the scope of
the Work, and (ii) was not created by Contractor or by
anyone for whom Contractor is responsible. Nothing in
this Paragraph 4.06. G shall obligate Owner to indemnify
any individual or entity from and against the conse-
qilences-ofthat individual's or entity's own-negligence.
H. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants, and
subcontractors of each and any of them from and against
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 a Hazardous Environmental Condition
created by Contractor or by anyone for whom Contractor
is responsible. Nothing in this Paragraph 4.06.H shall
obligate Contractor to indemnify any individual or entity
from and against the consequences of that individual's or
entity's own negligence.
1. The provisions of Paragraphs 4.02, 4.03, and
4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5 - BONDS AND INSURANCE
5.01 Performance, Payment, and Other Bonds
A. Contractor shall purchase and maintain such
liability and other insurance as is appropriate for the
Work being performed and as will provide protection
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 15
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in Paragraph 13.07, whichever is later, 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.
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B. All bonds shall be in the form prescribed by
the Contract Documents except as provided otherwise by
Laws or Regulations, and shall be executed by such
sureties as are named in the current list of "Companies
Holding Certificates of Authority as Acceptable Sureties
on Federal Bonds and as Acceptable Reinsuring Compa-
nies" as published in Circular 570 (amended) by the
Financial Management Service, Surety Bond Branch, U.S.
Department of the Treasury, All bonds signed by an agent
must be accompanied by a certified copy of the agent's
authority to act.
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C. If the surety on any bond furnished by
Contractor is declared bankrupt or becomes insolvent or
its right to do business is terminated in any state where
any part of the Project is located or it ceases to meet the
requirements of Paragraph 5.01.B, Contractor shall
promptly notify Owner and Engineer and shall, within 20
days after the event giving rise to such notification,
provide another bond and surety, both of which shall
comply with the requirements of Paragraphs 5.01.B and
5.02.
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5.02 Licensed Sureties and Insurers
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A. All bonds and insurance required by the
Contract Documents to be purchased and maintained by
Owner or Contractor shall be obtained from surety or
insurance companies that are duly licensed or authorized
in the jurisdiction in which the Project is located to issue
bonds or insurance policies for the limits and coverages
so required. Such surety and insurance companies shall
also meet such additional requirements and qualifications
as may be provided in the Supplementary Conditions.
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5.03
Certificates of Insurance
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A. Contractor shall deliver to Owner, with copies
to each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence
of insurance requested by Owner or any other additional
insured) which Contractor is required to purchase and
maintain.
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B. Owner shall deliver to Contractor, with copies
to each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence
of insurance requested by Contractor or any other
additional insured) which Owner is required to purchase
and maintain.
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5.04 Contractor's Liability Insurance
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from claims set forth below which may arise out of or
result from Contractor's performance of the Work and
Contractor's other obligations under the Contract
Documents, whether it is to be performed by Contractor,
any Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform any of the
Work, or by anyone for whose acts any of them may be
liable:
1. claims under workers' compensation,
disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury,
occupational sickness or disease, or death of Contractor's
employees;
3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
Contractor's employees;
4, claims for damages insured by reasonably
available personal injury liability coverage which are sus-
tained:
a. by any person as a result of an offense directly
or indirectly related to the employment of such
person by Contractor, or
b. by any other person for any other reason;
5. claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, including loss of use resulting
therefrom; and
6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
B. The policies of insurance required by this
Paragraph 5.04 shall:
I. with respect to insurance required by
Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include
as additional insured (subject to any customary exclusion
regarding professional liability) Owner and Engineer, and
any other individuals or entities identified in the Supple-
mentary Conditions, all of whom shall be listed as addi-
tional insureds, and include coverage for the respective
officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of all such
additional insureds, and the insurance afforded to these
additional insureds shall provide primary coverage for all
claims covered thereby;
2. include at least the specific coverages and be
written for not less than the limits of liability provided in
the Supplementary Conditions or required by Laws or
Regulations, whichever is greater;
D. Owner shall not be responsible for purchasing
and maintaining any property insurance specified in this
Paragraph 5.06 to protect the interests of Contractor,
Subcontractors, or others in the Work to the extent of any
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright to 2002 National Society of Professional Engineers for EJCDC. All rights reserved,
00700 - 16
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3. include completed operations insurance;
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4. include contractual
covering Contractor's indemnity
Paragraphs 6.11 and 6.20;
liability insurance
obligations under
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5. contain a provision or endorsement that the
coverage afforded will not be canceled, materially
changed or renewal refused until at least 30 days prior
written notice has been given to Owner and Contractor
and to each other additional insured identified in the
Supplementary Conditions to whom a certificate of
insurance has been issued (and the certificates of
insurance furnished by the Contractor pursuant to
Paragraph 5.03 will so provide);
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6. 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; and
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7. with respect to completed operations insur-
ance, and any insurance coverage written on a claims-
made basis, remain in effect for at least two years after
final payment.
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a. Contractor shall furnish Owner and each other
additional insured identified in the Supple-
mentary Conditions, to whom a certificate of
insurance has been issued, evidence satisfactory
to Owner and any such additional insured of
continuation of such insurance at final payment
and one year thereafter.
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5.05 Owner's Liability Insurance
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A. In addition to the insurance required to be
provided by Contractor under Paragraph 5.04, Owner, at
Owner's option, may purchase and maintain at Owner's
expense Owner's own liability insurance as will protect
Owner against claims which may arise from operations
under the Contract Documents.
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5.06 Property Insurance
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A. Unless otherwise provided in the Supple-
mentary Conditions, Owner shall purchase and maintain
property insurance upon the Work at the Site in the
amount of the full replacement cost thereof (subject to
such deductible amounts as may be provided in the
Supplementary Conditions or required by Laws and
Regulations). This insurance shall:
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1. include the interests of Owner, Contractor,
Subcontractors, and Engineer, and any other individuals
or entities identified in the Supplementary Conditions,
and the officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of them,
each of whom is deemed to have an insurable interest and
shall be listed as an insured or additional insured;
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2. be written on a Builder's Risk "all-risk" or
open peril or special causes of loss policy form that shall
at least include insurance for physical loss or damage to
the Work, temporary buildings, false work, and materials
and equipment in transit, and shall insure against at least
the following perils or causes of loss: fire, lightning,
extended coverage, theft, vandalism and malicious
mischief, earthquake, collapse, debris removal,
demolition occasioned by enforcement of Laws and
Regulations, water damage, (other than caused by flood)
and such other perils or causes of loss as may be specifi-
cally required by the Supplementary Conditions;
3. include expenses incurred in the repair or
replacement of any insured property (including but not
limited to fees and charges of engineers and architects);
4. cover materials and equipment stored at the
Site or at another location that was agreed to in writing by
Owner prior to being incorporated in the Work, provided
that such materials and equipment have been included in
an Application for Payment recommended by Engineer;
5. allow for partial utilization of the Work by
Owner;
6. include testing and startup; and
7. be maintained in effect until final payment is
made unless otherwise agreed to in writing by Owner,
Contractor, and Engineer with 30 days written notice to
each other additional insured to whom a certificate of
insurance has been issued.
B. Owner shall purchase and maintain such
boiler and machinery insurance or additional property
insurance as may be required by the Supplementary
Conditions or Laws and Regulations which will include
the interests of Owner, Contractor, Subcontractors, and
Engineer, and any other individuals or entities identified
in the Supplementary Conditions, and the officers,
directors, partners, employees, agents, consultants and
subcontractors of each and any of them, each of whom is
deemed to have an insurable interest and shall be listed as
an insured or additional insured.
C. All the policies of insurance (and the certifi-
cates or other evidence thereot) required to be purchased
and maintained in accordance with Paragraph 5.06 will
contain a provision or endorsement that the coverage
afforded will not be canceled or materially changed or
renewal refused until at least 30 days prior written notice
has been given to Owner and Contractor and to each other
additional insured to whom a certificate of insurance has
been issued and will contain waiver provisions in accor-
dance with Paragraph 5.07,
A. If either Owner or Contractor has any
objection to the coverage afforded by or other provisions
of the bonds or insurance required to be purchased and
maintained by the other party in accordance with Article 5
on the basis of non-conformance with the Contract
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright <<:> 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 17
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deductible amounts that are identified in the Supple-
mentary Conditions. The risk of loss within such
identified deductible amount will be borne by Contractor,
Subcontractors, or others suffering any such loss, and if
any of them wishes property insurance coverage within
the limits of such amounts, each may purchase and
maintain it at the purchaser's own expense.
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E. If Contractor requests in writing that other
special insurance be included in the property insurance
policies provided under Paragraph 5.06, Owner shall, if
possible, include such insurance, and the cost thereof will
be charged to Contractor by appropriate Change Order.
Prior to commencement of the Work at the Site, Owner
shan in writing advise Contractor whether or not such
other insurance has been procured by Owner.
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5.07 Waiver of Rights
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A. Owner and Contractor intend that all policies
purchased in accordance with Paragraph 5.06 will protect
Owner, Contractor, Subcontractors, and Engineer, and all
other individuals or entities identified in the Supple-
mentary Conditions to be listed as insureds or additional
insureds (and the officers, directors, partners, employees,
agents, consultants and subcontractors of each and any of
them) in such policies and will provide primary coverage
for an losses and damages caused by the perils or causes
of loss covered thereby. All such policies shan contain
provisions to the effect that in the event of payment of
any loss or damage the insurers will have no rights of
recovery against any of the insureds or additional insureds
thereunder. Owner and Contractor waive an rights against
each other and their respective officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them for all losses and
damages caused by, arising out of or resulting from any of
the perils or causes of loss covered by such policies and
any other property insurance applicable to the Work; and,
in addition, waive all such rights against Subcontractors,
and Engineer, and all other individuals or entities
identified in the Supplementary Conditions to be listed as
insured or additional insured (and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them) under such
policies for losses and damages so caused. None of the
above waivers shall extend to the rights that any party
making such waiver may have to the proceeds of
insurance held by Owner as trustee or otherwise payable
under any policy so issued.
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8. Owner waives all rights against Contractor,
Subcontractors, and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them for:
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I. loss due to business interruption, loss of use,
or other consequential loss extending beyond direct
physical loss or damage to Owner's property or the Work
caused by, arising out of, or resulting from fire or other
perils whether or not insured by Owner; and
2. loss or damage to the completed Project or
part thereof caused by, arising out of, or resulting from
fire or other insured peril or cause of loss covered by any
property insurance maintained on the completed Project
or part thereof by Owner during partial utilization
pursuant to Paragraph 14.05, after Substantial Completion
pursuant to Paragraph 14.04, or after final payment
pursuant to Paragraph 14.07.
C. Any insurance policy maintained by Owner
covering any loss, damage or consequential loss referred
to in Paragraph 5.07.B shan contain provisions to the
effect that in the event of payment of any such loss,
damage, or consequential loss, the insurers will have no
rights of recovery against Contractor, Subcontractors, or
Engineer, and the officers, directors, partners, employees,
agents, consultants and subcontractors of each and any of
them.
5.08 Receipt and Application of Insurance Proceeds
A. Any insured loss under the policies of
insurance required by Paragraph 5.06 will be adjusted
with Owner and made payable to Owner as fiduciary for
the insureds, as their interests may appear, subject to the
requirements of any applicable mortgage clause and of
Paragraph 5.08.8. Owner shall deposit in a separate
account any money so received and shall distribute it in
accordance with such agreement as the parties in interest
may reach. If no other special agreement is reached, the
damaged Work shall be repaired or replaced, the moneys
so received applied on account thereof, and the Work and
the cost thereof covered by an appropriate Change Order.
8. Owner as fiduciary shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shan object in writing within 15 days
after the occurrence of loss to Owner's exercise of this
power. If such objection be made, Owner as fiduciary
shall make settlement with the insurers in accordance with
such agreement as the parties in interest may reach. If no
such agreement among the parties in interest is reached,
Owner as fiduciary shall adjust and settle the loss with the
insurers and, if required in writing by any party in
interest, Owner as fiduciary shall give bond for the proper
performance of such duties.
5.09 Acceptance of Bonds and Insurance; Option to
Replace
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Documents, the objecting party shall so notify the other
party in writing within 10 days after receipt of the
certificates (or other evidence requested) required by
Paragraph 2.01.B. Owner and Contractor shall each
provide to the other such additional information in respect
of insurance provided as the other may reasonably
request. If either party does not purchase or maintain all
of the bonds and insurance required of such party by the
Contract Documents, such party shall notify the other
party in writing of such failure to purchase prior to the
start of the Work, or of such failure to maintain prior to
any change in the required coverage. Without prejudice to
any other right or remedy, the other party may elect to
obtain equivalent bonds or insurance to protect such other
party's interests at the expense of the party who was
required to provide such coverage, and a Change Order
shall be issued to adjust the Contract Price accordingly.
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5.10 Partial Utilization, Acknowledgment of Property
Insurer
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A. If Owner finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
Completion of all the Work as provided in Paragraph
14.05, no such use or occupancy shall commence before
the insurers providing the property insurance pursuant to
Paragraph 5.06 have acknowledged notice thereof and in
writing effected any changes in coverage necessitated
thereby. The insurers providing the property insurance
shall consent by endorsement on the policy or policies,
but the property insurance shall not be canceled or
permitted to lapse on account of any such partial use or
occupancy.
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ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
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6.01 Supervision and Superintendence
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A. Contractor shall supervise, inspect, and direct
the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as
may be necessary to perform the Work in accordance with
the Contract Documents. Contractor shall be solely
responsible for the means, methods, techniques,
sequences, and procedures of construction. Contractor
shall not be responsible for the negligence of Owner or
Engineer in the design or specification of a specific
means, method, technique, sequence, or procedure of
construction which is shown or indicated in and expressly
required by the Contract Documents.
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B. At all times during the progress of the Work,
Contractor shall assign a competent resident superin-
tendent who shall not be replaced without written notice
to Owner and Engineer except under extraordinary
circumstances. The superintendent will be Contractor's
representative at the Site and shall have authority to act on
behalf of Contractor. All communications given to or
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received from the superintendent shall be binding on
Contractor.
6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably
qualified personnel to survey and layout the Work and
perform construction as required by the Contract Docu-
ments. Contractor shall at all times maintain good disci-
pline and order at the Site.
B. Except as otherwise required for the safety or
protection of persons or the Work or property at the Site
or adjacent thereto, and except as otherwise stated in the
Contract Documents, all Work at the Site shall be
performed during regular working hours. Contractor will
not permit the performance of Work on a Saturday,
Sunday, or any legal holiday without Owner's written
consent (which will not be unreasonably withheld) given
after prior written notice to Engineer.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract
Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor,
transportation, construction equipment and machinery,
tools, appliances, fuel, power, light, heat, telephone,
water, sanitary facilities, temporary facilities, and all other
facilities and incidentals necessary for the performance,
testing, start-up, and completion of the Work.
B. All materials and equipment incorporated into
the 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
guarantees required by the Specifications shall expressly
run to the benefit of Owner. If required by Engineer,
Contractor shall furnish satisfactory evidence (including
reports of required tests) as to the source, kind, and
quality of materials and equipment.
C. All materials and equipment shall be stored,
applied, installed, connected, erected, protected, used,
cleaned, and conditioned in accordance with instructions
of the applicable Supplier, except as otherwise may be
provided in the Contract Documents.
6.04 Progress Schedule
A. Contractor shall adhere to the Progress
Schedule established in accordance with Paragraph 2.07
as it may be adjusted from time to time as provided
below.
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EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright ~ 2002 National Society ofProfcssional Engineers for EJCDC. All rights reserved.
00700 - 18
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1, Contractor shall submit to Engineer for
acceptance (to the extent indicated in Paragraph 2.07)
proposed adjustments in the Progress Schedule that will
not result in changing the Contract Times, Such adjust-
ments will comply with any provisions of the General Re-
quirements applicable thereto.
2) it will conform substantially to the
detailed requirements of the item named in the
Contract Documents.
2. Substitute Items
2. Proposed adjustments in the Progress
Schedule that will change the Contract Times shall be
submitted in accordance with the requirements of Article
12. Adjustments in Contract Times may only be made by
a Change Order.
a. If in Engineer's sole discretion an item of
material or equipment proposed by Contractor
does not qualify as an "or-equal" item under
Paragraph 6.05.A.l, it will be considered a
proposed substitute item.
6.05 Substitutes and "Or-Equals"
b. Contractor shall submit sufficient information
as provided below to allow Engineer to
determine that the item of material or equipment
proposed is essentially equivalent to that named
and an acceptable substitute therefor, Requests
for review of proposed substitute items of
material or equipment will not be accepted by
Engineer from anyone other than Contractor.
A. Whenever an item of material or equipment is
specified or described in the Contract Documents by
using the name of a proprietary item or the name of a
particular Supplier, the specification or description is
intended to establish the type, function, appearance, and
quality required. Unless the specification or description
contains or is followed by words reading that no like,
equivalent, or "or-equal" item or no substitution is
permitted, other items of material or equipment or
material or equipment of other Suppliers may be
submitted to Engineer for review under the circumstances
described below.
c. The requirements for review by Engineer will
be as set forth in Paragraph 6.05.A.2.d, as
supplemented in the General Requirements and
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
Contractor is functionally equal to that named and
sufficiently similar so that no change in related Work will
be required, it may be considered by Engineer as an
"or-equal" item, in which case review and approval of the
proposed item may, in Engineer's sole discretion, be
accomplished without compliance with some or all of the
requirements for approval of proposed substitute items,
For the purposes of this Paragraph 6.05.A,I, a proposed
item of material or equipment will be considered
functionally equal to an item so named if:
d. Contractor shall make written application to
Engineer for review of a proposed substitute item
of material or equipment that Contractor seeks to
furnish or use. The application:
1) shall certify that the proposed substi-
tute item will:
a) perform adequately the functions and
achieve the results called for by the
general design,
a. in the exercise of reasonable judgment
Engineer determines that:
b) be similar in substance to that
specified, and
1) it is at least equal in materials of
construction, quality, durability, appearance,
strength, and design characteristics;
c) be suited to the same use as that
specified;
2) will state:
2) it will reliably perform at least
equally well the function and achieve the results
imposed by the design concept of the completed
Project as a functioning whole,
a) the extent, if any, to which the use of
the proposed substitute item will preju-
dice Contractor's achievement of
Substantial Completion on time;
3) it has a proven record of performance
and availability of responsive service; and
b) whether or not use of the proposed
substitute item in the Work will require
a change in any of the Contract Docu-
ments (or in the provisions of any other
direct contract with Owner for other
work on the Project) to adapt the design
to the proposed substitute item; and
b. Contractor certifies that, if approved and
incorporated into the Work:
I) there will be no increase in cost to
the Owner or increase in Contract Times, and
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright@ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 19
E. Engineer's Cost Reimbursement: Engineer
will record Engineer's costs in evaluating a substitute
proposed or submitted by Contractor pursuant to
Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer
approves a substitute item so proposed or submitted by
Contractor, Contractor shall reimburse Owner for the 2. shall anything in the Contract Documents
charges of Engineer for evaluating each such proposed create any obligation on the part of Owner or
substitute. Contractor shall also reimburse Owner for the Engineer to payor to see to the payment of any moneys
charges of Engineer for making changes in the Contract due any such Subcontractor, Supplier, or other individual
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 20
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c) whether or not incorporation or use
of the proposed substitute item in con-
nection with the Work is subject to
payment of any license fee or royalty;
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3) will identify:
a) all variations of the proposed
substitute item from that specified, and
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b) available engineering, sales,
maintenance, repair, and replacement
services;
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4) and shall contain an itemized esti-
mate of all costs or credits that will result
directly or indirectly from use of such substitute
item, including costs of redesign and claims of
other contractors affected by any resulting
change,
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B. Substitute Construction Methods or Proce-
dures: If a specific means, method, technique, sequence,
or procedure of construction is expressly required by the
Contract Documents, Contractor may furnish or utilize a
substitute means, method, technique, sequence, or
procedure of construction approved by Engineer.
Contractor shall submit sufficient information to allow
Engineer, in Engineer's sole discretion, to determine that
the substitute proposed is equivalent to that expressly
called for by the Contract Documents. The requirements
for review by Engineer will be similar to those provided
in Paragraph 6.05.A.2.
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C. Engineer's Evaluation: Engineer will be
allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 6.05.A
and 6.05.B. Engineer may require Contractor to furnish
additional data about the proposed substitute item.
Engineer will be the sole judge of acceptability. No "or
equal" or substitute will be ordered, installed or utilized
until Engineer's review is complete, which will be
evidenced by either a Change Order for a substitute or an
approved Shop Drawing for an "or equal." Engineer will
advise Contractor in writing of any negative
detennination.
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D. Special Guarantee: Owner may require
Contractor to furnish at Contractor's expense a special
perfonnance guarantee or other surety with respect to any
substitute.
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Documents (or in the provlSlons of any other direct
contract with Owner) resulting from the acceptance of
each proposed substitute.
F. Contractor's Expense: Contractor shall
provide all data in support of any proposed substitute or
"or-equal" at Contractor's expense.
6.06 Concerning Subcontractors, Suppliers, and
Others
A. Contractor shall not employ any Subcon-
tractor, Supplier, or other individual or entity (including
those acceptable to Owner as indicated in Paragraph
6.06.B), whether initially or as a replacement, against
whom Owner may have reasonable objection. Contractor
shall not be required to employ any Subcontractor,
Supplier, or other individual or entity to furnish or
perfonn any of the Work against whom Contractor has
reasonable objection.
B. If the Supplementary Conditions require the
identity of certain Subcontractors, Suppliers, or other
individuals or entities to be submitted to Owner in
advance for acceptance by Owner by a specified date
prior to the Effective Date of the Agreement, and if
Contractor has submitted a list thereof in accordance with
the Supplementary Conditions, Owner's acceptance
(either in writing or by failing to make written objection
thereto by the date indicated for acceptance or objection
in the Bidding Documents or the Contract Documents) of
any such Subcontractor, Supplier, or other individual or
entity so identified may be revoked on the basis of reason-
able objection after due investigation. Contractor shall
submit an acceptable replacement for the rejected
Subcontractor, Supplier, or other individual or entity, and
the Contract Price will be adjusted by the difference in the
cost occasioned by such replacement, and an appropriate
Change Order will be issued. No acceptance by Owner of
any such Subcontractor, Supplier, or other individual or
entity, whether initially or as a replacement, shall consti-
tute a waiver of any right of Owner or Engineer to reject
defective Work.
C. Contractor shall be fully responsible to Owner
and Engineer for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or
entities perfonning or furnishing any of the Work just as
Contractor is responsible for Contractor's own acts and
omissions. Nothing in the Contract Documents:
I. shall create for the benefit of any such
Subcontractor, Supplier, or other individual or entity any
contractual relationship between Owner or Engineer and
any such Subcontractor, Supplier or other individual or
entity, nor
C. Changes in Laws or Regulations not known at
the time of opening of Bids (or, on the Effective Date of
the Agreement if there were no Bids) having an effect on
the cost or time of performance of the Work shall be the
subject of an adjustment in Contract Price or Contract
Times. If Owner and Contractor are unable to agree on
entitlement to or on the amount or extent, if any, of any
such adjustment, a Claim may be made therefor as
provided in Paragraph 10.05.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright@ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 21
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or entity except as may otherwise be required by Laws
and Regulations.
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D. Contractor shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers, and other individuals or entities performing or
furnishing any of the Work under a direct or indirect
contract with' Contractor.
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E. Contractor shall require all Subcontractors,
Suppliers, and such other individuals or entities per-
forming or furnishing any of the Work to communicate
with Engineer through Contractor.
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F. The divisions and sections of the Specifica-
tions and the identifications of any Drawings shall not
control Contractor in dividing the Work among Subcon-
tractors or Suppliers or delineating the Work to be
performed by any specific trade.
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G, All Work performed for Contractor by a
Subcontractor or Supplier will be pursuant to an appro-
priate agreement between Contractor and the
Subcontractor or Supplier which specifically binds the
Subcontractor or Supplier to the applicable terms and
conditions of the Contract Documents for the benefit of
Owner and Engineer. Whenever any such agreement is
with a Subcontractor or Supplier who is listed as an
additional insured on the property insurance provided in
Paragraph 5.06, the agreement between the Contractor
and the Subcontractor or Supplier will contain provisions
whereby the Subcontractor or Supplier waives all rights
against Owner, Contractor, and Engineer" and all other
individuals or entities identified in the Supplementary
Conditions to be listed as insureds or additional insureds
(and the officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of them)
for all losses and damages caused by, arising out of,
relating to, or resulting from any of the perils or causes of
loss covered by such policies and any other property
insurance applicable to the Work. If the insurers on any
such policies require separate waiver forms to be signed
by any Subcontractor or Supplier, Contractor will obtain
the same.
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6,07
Patent Fees and Royalties
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A. Contractor shall pay all license fees and
royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work
of any invention, design, process, product, or device
which is the subject of patent rights or copyrights held by
others. If a particular invention, design, process, product,
or device is specified in the Contract Documents for use
in the performance of the Work and if to the actual
knowledge of Owner or Engineer its use is subject to
patent rights or copyrights calling for the payment of any
license fee or royalty to others, the existence of such
rights shall be disclosed by Owner in the Contract
Documents.
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B. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them from and against
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 any infringement of patent rights or
copyrights incident to the use in the performance of the
Work or resulting from the incorporation in the Work of
any invention, design, process, product, or device not
specified in the Contract Documents.
6.08
Permits
A. Unless otherwise provided in the Supple-
mentary Conditions, Contractor shall obtain and pay for
all construction permits and licenses. Owner shall assist
Contractor, when necessary, in obtaining such permits
and licenses. Contractor shall pay all governmental
charges and inspection fees necessary for the prosecution
of the Work which are applicable at the time of opening
of Bids, or, if there are no Bids, on the Effective Date of
the Agreement. Owner shall pay all charges of utility
owners for connections for providing permanent service
to the Work.
6.09
Laws and Regulations
A. Contractor shall give all notices required by
and shall comply with all Laws and Regulations applica-
ble to the performance of the Work. Except where
otherwise expressly required by applicable Laws and
Regulations, neither Owner nor Engineer shall be
responsible for monitoring Contractor's compliance with
any Laws or Regulations.
B. If Contractor performs any Work knowing or
having reason to know that it is contrary to Laws or
Regulations, Contractor shall bear 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 Work.
However, it shall not be Contractor's primary
responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations,
but this shall not relieve Contractor of Contractor's
obligations under Paragraph 3.03.
C. All damage, injury, or loss to any property
referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused,
directly or indirectly, in whole or in part, by Contractor,
any Subcontractor, Supplier, or any other individual or
entity directly or indirectly employed by any of them to
perform any of the Work, or anyone for whose acts any of
them may be liable, shall be remedied by Contractor
(except damage or loss attributable to the fault of Draw-
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright@ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 22
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6.10 Taxes
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A. Contractor shall pay all sales, consumer, use,
and other similar taxes required to be paid by Contractor
in accordance with the Laws and Regulations of the place
of the Project which are applicable during the
performance of the Work.
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6.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas
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1. Contractor shall confine construction equip-
ment, the storage of materials and equipment, and the
operations of workers to the Site and other areas
permitted by Laws and Regulations, and shall not
unreasonably encumber the Site and other areas with
construction equipment or other materials or equipment.
Contractor shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
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2. Should any claim be made by any such owner
or occupant because of the performance of the Work,
Contractor shall promptly settle with such other party by
negotiation or otherwise resolve the claim by arbitration
or other dispute resolution proceeding or at law.
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3. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them from and against
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 any claim or action, legal or equitable,
brought by any such owner or occupant against Owner,
Engineer, or any other party indemnified hereunder to the
extent caused by or based upon Contractor's performance
of the Work.
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B. Removal of Debris During Performance of the
Work: During the progress of the Work Contractor shall
keep the Site and other areas free from accumulations of
waste materials, rubbish, and other debris. Removal and
disposal of such waste materials, rubbish, and other debris
shall conform to applicable Laws and Regulations.
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C. Cleaning: Prior to Substantial Completion of
the Work Contractor shall clean the Site and the Work
and make it ready for utilization by Owner. At the com-
pletion of the Work Contractor shall remove from the Site
all tools, appliances, construction equipment and
machinery, and surplus materials and shall restore to
original condition all property not designated for
alteration by the Contract Documents.
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D. Loading Structures: Contractor shall not load
nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall
Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
6.12 Record Documents
A. Contractor shall maintain in a safe place at the
Site one record copy of all Drawings, Specifications,
Addenda, Change Orders, Work Change Directives, Field
Orders, and written interpretations and clarifications in
good order and annotated to show changes made during
construction. These record documents together with all
approved Samples and a counterpart of all approved Shop
Drawings will be available to Engineer for reference.
Upon completion of the Work, these record documents,
Samples, and Shop Drawings will be delivered to Engi-
neer for Owner.
6.13 Safety and Protection
A. Contractor shall be solely responsible for
initiating, maintaining and supervising all safety precau-
tions and programs in connection with the Work.
Contractor shall take all necessary precautions for the
safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who may be affected
by the Work;
2. all the Work and materials and equipment to
be incorporated therein, whether in storage on or off the
Site; and
3. other property at the Site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities, and Underground Facilities
not designated for removal, relocation, or replacement in
the course of construction.
B. Contractor shall comply with all applicable
Laws and Regulations relating to the safety of persons or
property, or to the protection of persons or property from
damage, injury, or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
Contractor shall notify owners of adjacent property and of
Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal,
relocation, and replacement of their property.
2. Each submittal shall bear a stamp or specific
written certification that Contractor has satisfied
Contractor's obligations under the Contract Documents
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright i!:l2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 23
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ings or Specifications or to the acts or omissions of
Owner or Engineer or , or anyone employed by any of
them, or anyone for whose acts any of them may be
liable, and not attributable, directly or indirectly, in whole
or in part, to the fault or negligence of Contractor or any
Subcontractor, Supplier, or other individual or entity
directly or indirectly employed by any of them).
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D. Contractor's duties and responsibilities for
safety and for protection of the Work shall continue until
such time as all the Work is completed and Engineer has
issued a notice to Owner and Contractor in accordance
with Paragraph 14.07.B that the Work is acceptable
(except as otherwise expressly provided in connection
with Substantial Completion).
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6.14 Safety Representative
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A. Contractor shall designate a qualified and
experienced safety representative at the Site whose duties
and responsibilities shall be the prevention of accidents
and the maintaining and supervising of safety precautions
and programs.
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6.15 Hazard Communication Programs
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A. Contractor shall be responsible for coordi-
nating any exchange of material safety data sheets or
other hazard communication information required to be
made available to or exchanged between or among
employers at the Site in accordance with Laws or
Regulations.
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6.16 Emergencies
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A. In emergencies affecting the safety or protec-
tion of persons or the Work or property at the Site or
adjacent thereto, Contractor is obligated to act to prevent
threatened damage, injury, or loss. Contractor shall give
Engineer prompt written notice if Contractor believes that
any significant changes in the Work or variations from the
Contract Documents have been caused thereby or are
required as a result thereof. If Engineer determines that a
change in the Contract Documents is required because of
the action taken by Contractor in response to such an
emergency, a Work Change Directive or Change Order
will be issued.
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6.17 Shop Drawings and Samples
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A. Contractor shall submit Shop Drawings and
Samples to Engineer for review and approval in accor-
dance with the acceptable Schedule of Submittals (as
required by Paragraph 2.07). Each submittal will be
identified as Engineer may require.
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1. Shop Drawings
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a. Submit number of copies specified in the
General Requirements,
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b. Data shown on the Shop Drawings will be
complete with respect to quantities, dimensions,
specified performance and design criteria,
materials, and similar data to show Engineer the
services, materials, and equipment Contractor
proposes to provide and to enable Engineer to
review the information for the limited purposes
required by Paragraph 6.17.0.
2. Samples: Contractor shall also submit
Samples to Engineer for review and approval in accor-
dance with the acceptable schedule of Shop Drawings and
Sample submittals.
a. Submit number of Samples specified in the
Specifications.
b. Clearly identify each Sample as to material,
Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as
Engineer may require to enable Engineer to
review the submittal for the limited purposes
required by Paragraph 6.17.D.
B. Where a Shop Drawing or Sample is required
by the Contract Documents or the Schedule of Submittals
, any related Work performed prior to Engineer's review
and approval of the pertinent submittal will be at the sole
expense and responsibility of Contractor.
C. Submittal Procedures
1. Before submitting each Shop Drawing or
Sample, Contractor shall have determined and verified:
a. all field measurements, quantities, dimensions,
specified performance and design criteria,
installation requirements, materials, catalog
numbers, and similar information with respect
thereto;
b. the suitability of all materials with respect to
intended use, fabrication, shipping, handling,
storage, assembly, and installation pertaining to
the performance of the Work;
c. all information relative to Contractor's
responsibilities for means, methods, techniques,
sequences, and procedures of construction, and
safety precautions and programs incident thereto;
and
d. shall also have reviewed and coordinated each
Shop Drawing or Sample
Drawings and Samples
requirements of the Work
Documents,
with other Shop
and with the
and the Contract
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A. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
A. Contractor shall carryon the Work and adhere limited to all fees and charges of engineers, architects,
to the Progress Schedule during all disputes or attorneys, and other professionals and all court or
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright@ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 24
with respect to Contractor's review and approval of that
submittal.
3. With each submittal, Contractor shall give
Engineer specific written notice of any variations, that the
Shop Drawing or Sample may have from the requirements
of the Contract Documents. This notice shall be both a
written communication separate from the Shop Drawing's
or Sample Submittal; and, in addition, by a specific
notation made on each Shop Drawing or Sample submit-
ted to Engineer for review and approval of each such
variation.
D. Engineer's Review
I. Engineer will provide timely review of Shop
Drawings and Samples in accordance with the Schedule
of Submittals acceptable to Engineer, Engineer's review
and approval will be only to determine if the items
covered by the submittals will, after installation or
incorporation in the Work, conform to the information
given in the Contract Documents and be compatible with
the design concept of the completed Project as a
functioning whole as indicated by the Contract Docu-
ments.
2. Engineer's review and approval will not
extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular
means, method, technique, sequence, or procedure of con-
struction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions.
3. Engineer's review and approval shall not
relieve Contractor from responsibility for any variation
from the requirements of the Contract Documents unless
Contractor has complied with the requirements of
Paragraph 6.17.C.3 and Engineer has given written
approval of each such variation by specific written
notation thereof incorporated in or accompanying the
Shop Drawing or Sample. Engineer's review and approval
shall not relieve Contractor from responsibility for
complying with the requirements of Paragraph 6.17.C. L
E. Resubmittal Procedures
I. Contractor shall make corrections required by
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 revisions other than
the corrections called for by Engineer on previous
submittals.
6.18
Continuing the Work
disagreements with Owner. No Work shall be delayed or
postponed pending resolution of any disputes or
disagreements, except as permitted by Paragraph 15.04 or
as Owner and Contractor may otherwise agree in writing.
6.19 Contractor's General Warranty and Guarantee
A. Contractor warrants and guarantees to Owner
that all Work will be in accordance with the Contract
Documents and will not be defective. Engineer and its
Related Entities shall be entitled to rely on representation
of Contractor's warranty and guarantee.
B. Contractor's warranty and guarantee
hereunder excludes defects or damage caused by:
I. abuse, modification, or improper maintenance
or operation by persons other than Contractor, Sub-
contractors, Suppliers, or any other individual or entity for
whom Contractor is responsible; or
2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will
constitute an acceptance of Work that is not in accordance
with the Contract Documents or a release of Contractor's
obligation to perform the Work in accordance with the
Contract Documents:
I. observations by Engineer;
2. recommendation by Engineer or payment by
Owner of any progress or final payment;
3. the issuance of a certificate of Substantial
Completion by Engineer or any payment related thereto
by Owner;
4. use or occupancy of the Work or any part
thereof by Owner;
5. any review and approval ofa Shop Drawing or
Sample submittal or the issuance of a notice of acceptabil-
ity by Engineer;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by Owner.
6.20
Indemnification
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arbitration or other dispute resolution costs) arising out of
or relating to the performance of the Work, provided that
any such claim, cost, loss, or damage is attributable to
bodily injury, sickness, disease, or death, or to injury to or
destruction of tangible property (other than the Work
itself), including the loss of use resulting therefrom but
only to the extent caused by any negligent act or omission
of Contractor, any Subcontractor, any Supplier, or any
individual or entity directly or indirectly employed by any
of them to perform any of the Work or anyone for whose
acts any of them may be liable.
B. In any and all claims against Owner or
Engineer or any of their respective consultants, agents,
officers, directors, partners, or employees by any employ-
ee (or the survivor or personal representative of such
employee) of Contractor, any Subcontractor, any
Supplier, or any individual or entity directly or indirectly
employed by any of them to perform any of the Work, or
anyone for whose acts any of them may be liable, the
indemnification obligation under Paragraph 6.20.A shall
not be limited in any way by any limitation on the amount
or type of damages, compensation, or benefits payable by
or for Contractor or any such Subcontractor, Supplier, or
other individual or entity under workers' compensation
acts, disability benefit acts, or other employee benefit
acts.
C. The indemnification obligations of Contractor
under Paragraph 6.20.A shall not extend to the liability of
Engineer and Engineer's officers, directors, partners,
employees, agents, consultants and subcontractors arising
out of:
1. the preparation or approval of, or the failure to
prepare or approve, maps, Drawings, opinions, reports,
surveys, Change Orders, designs, or Specifications; or
2. giving directions or instructions, or failing to
give them, if that is the primary cause of the injury or
damage,
6.21
Delegation of Professional Design Services
A. Contractor will not be required to provide
professional design services unless such services are
specifically required by the Contract Documents for a
portion of the Work or unless such services are required
to carry out Contractor's responsibilities for construction
means, methods, techniques, sequences and procedures.
Contractor shall not be required to provide professional
services in violation of applicable law.
shall appear on all drawings, calculations, specifications,
certifications, Shop Drawings and other submittals
prepared by such professional. Shop Drawings and other
submittals related to the Work designed or certified by
such professional, if prepared by others, shall bear such
professional's written approval when submitted to
Engineer.
C. Owner and Engineer shall be entitled to rely
upon the adequacy, accuracy and completeness of the
services, certifications or approvals performed by such
design professionals, provided Owner and Engineer have
specified to Contractor all performance and design criteria
that such services must satisfy.
D. Pursuant to this Paragraph 6.21, Engineer's
review and approval of design calculations and design
drawings wi\1 be only for the limited purpose of checking
for conformance with performance and design criteria
given and the design concept expressed in the Contract
Documents. Engineer's review and approval of Shop
Drawings and other submittals (except design calculations
and design drawings) wi\1 be only for the purpose stated
in Paragraph 6.17.D.L
E. Contractor shall not be responsible for the
adequacy of the performance or design criteria required
by the Contract Documents.
ARTICLE 7 - OTHER WORK AT THE SITE
7.01 Related Work at Site
A. Owner may perform other work related to the
Project at the Site with Owner's employees, or via other
direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Con-
tract Documents, then:
1. written notice thereof wi\1 be given to
Contractor prior to starting any such other work; and
2. if Owner and Contractor are unable to agree
on entitlement to or on the amount or extent, if any, of
any adjustment in the Contract Price or Contract Times
that should be allowed as a result of such other work, a
Claim may be made therefor as provided in Paragraph
10.05.
B, Contractor shall afford each other contractor
who is a party to such a direct contract, each utility owner
B. If professional design services or and Owner, if Owner is performing other work with
certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a
materials or equipment are specifically required of reasonable opportunity for the introduction and storage of
Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other
Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs.
that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the
such services or certifications to be provided by a Work that may be required to properly connect or
properly licensed professional, whose signature and seal otherwise make its several parts come together and
EJCDC C-700 Standard General Conditions of the Construction Contract.
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properly integrate with such other work. Contractor shaH
not endanger any work of others by cutting, excavating,
or otherwise altering their work and will only cut or alter
their work with the written consent of Engineer and the
others whose work will be affected. The duties and
responsibilities of Contractor under this Paragraph are for
the benefit of such utility owners and other contractors to
the extent that there are comparable provisions for the
benefit of Contractor in said direct contracts between
Owner and such utility owners and other contractors.
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C. If the proper execution or results of any part
of Contractor's Work depends upon work performed by
others under this Article 7, Contractor shaH inspect such
other work and promptly report to Engineer in writing any
delays, defects, or deficiencies in such other work that
render it unavailable or unsuitable for the proper
execution and results of Contractor's Work. Contractor's
failure to so report will constitute an acceptance of such
other work as fit and proper for integration with
Contractor's Work except for latent defects and
deficiencies in such other work,
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7.02 Coordination
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A. If Owner intends to contract with others for
the performance of other work on the Project at the Site,
the following will be set forth in Supplementary Condi-
tions:
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I. the individual or entity who will have
authority and responsibility for coordination of the
activities among the various contractors will be identified;
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2. the specific matters to be covered by such
authority and responsibility will be itemized; and
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3. the extent of such authority and responsibili-
ties will be provided.
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B. Unless otherwise provided in the
Supplementary Conditions, Owner shall have sole
authority and responsibility for such coordination.
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7.03 Legal Relationships
A. Paragraphs 7.0LA and 7.02 are not applicable
for utilities not under the control of Owner.
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B. Each other direct contract of Owner under
Paragraph 7.0 LA shall provide that the other contractor is
liable to Owner and Contractor for the reasonable direct
delay and disruption costs incurred by Contractor as a
result of the other contractor's actions or inactions.
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C. Contractor shall be liable to Owner and any
other contractor for the reasonable direct delay and
disruption costs incurred by such other contractor as a
result of Contractor's action or inactions.
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ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.0 I Communications to Contractor
A. Except as otherwise provided in these General
Conditions, Owner shall issue all communications to
Contractor through Engineer.
8.02 Replacement of Engineer
A. In case of termination of the employment of
Engineer, Owner shall appoint an engineer to whom
Contractor makes no reasonable objection, whose status
under the Contract Documents shall be that of the former
Engineer.
8.03 Furnish Data
A. Owner shall promptly furnish the data
required of Owner under the Contract Documents.
8.04 Pay When Due
A. Owner shall make payments to Contractor
when they are due as provided in Paragraphs 14.02.C and
14.07.C.
8.05 Lands and Easements; Reports and Tests
A. Owner's duties in respect of providing lands
and easements and providing engineering surveys to
establish reference points are set forth in Paragraphs 4.0 I
and 4.05. Paragraph 4.02 refers to Owner's identifying
and making available to Contractor copies of reports of
explorations and tests of subsurface conditions and
drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the
Site that have been utilized by Engineer in preparing the
Contract Documents.
8.06
Insurance
A. Owner's responsibilities, if any, in respect to
purchasing and maintaining liability and property insur-
ance are set forth in Article 5.
8.07 Change Orders
A. Owner is obligated to execute Change Orders
as indicated in Paragraph 10.03.
8.08 Inspections, Tests, and Approvals
A. Owner's responsibility in respect to certain
inspections, tests, and approvals is set forth in Paragraph
13.03.B.
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EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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A. Engineer will have authority to reject Work
which Engineer believes to be defective, or that Engineer
believes will not produce a completed Project that
conforms to the Contract Documents or that will prejudice
the integrity of the design concept of the completed
Project as a functioning whole as indicated by the
Contract Documents. Engineer will also have authority to
require special inspection or testing of the Work as
provided in Paragraph 13.04, whether or not the Work is
fabricated, installed, or completed.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright@ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 27
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8.09
Limitations on Owner's Responsibilities
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A. The Owner shall not supervise, direct, or have
control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or
procedures of construction, or the safety precautions and
programs incident thereto, or for any failure of Contractor
to comply with Laws and Regulations applicable to the
performance of the Work. Owner will not be responsible
for Contractor's failure to perform the Work in
accordance with the Contract Documents.
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8.10 Undisclosed
Condition
Environmental
Hazardous
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A. Owner's responsibility in respect to an undis-
closed Hazardous Environmental Condition is set forth in
Paragraph 4.06.
8.11 Evidence of Financial Arrangements
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A. If and to the extent Owner has agreed to
furnish Contractor reasonable evidence that financial
arrangements have been made to satisfy Owner's
obligations under the Contract Documents, Owner's
responsibility in respect thereof will be as set forth in the
Supplementary Conditions.
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ARTICLE 9 - ENGINEER'S STATUS DURING
CONSTRUCTION
9.01
Owner's Representative
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A. Engineer will be Owner's representative
during the construction period, The duties and responsi-
bilities and the limitations of authority of Engineer as
Owner's representative during construction are set forth
in the Contract Documents and will not be changed
without written consent of Owner and Engineer.
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9,02
Visits to Site
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A. Engineer will make visits to the Site at inter-
vals appropriate to the various stages of construction as
Engineer deems necessary in order to observe as an
experienced and qualified design professional the
progress that has been made and the quality of the various
aspects of Contractor's executed Work. Based on
information obtained during such visits and observations,
Engineer, for the benefit of Owner, will determine, in
general, if the Work is proceeding in accordance with the
Contract Documents. Engineer will not be required to
make exhaustive or continuous inspections on the Site to
check the quality or quantity of the Work. Engineer's
efforts will be directed toward providing for Owner a
greater degree of confidence that the completed Work will
conform generally to the Contract Documents. On the
basis of such visits and observations, Engineer will keep
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Owner informed of the progress of the Work and will
endeavor to guard Owner against defective Work.
B. Engineer's visits and observations are subject
to all the limitations on Engineer's authority and
responsibility set forth in Paragraph 9.09, Particularly, but
without limitation, during or as a result of Engineer's
visits or observations of Contractor's Work Engineer will
not supervise, direct, control, or have authority over or be
responsible for Contractor's means, methods, techniques,
sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any
failure of Contractor to comply with Laws and
Regulations applicable to the performance of the Work.
9.03 Project Representative
A. If Owner and Engineer agree, Engineer will
furnish a Resident Project Representative to assist
Engineer in providing more extensive observation of the
Work. The authority and responsibilities of any such
Resident Project Representative and assistants will be as
provided in the Supplementary Conditions, and
limitations on the responsibilities thereof will be as
provided in Paragraph 9.09. If Owner designates another
representative or agent to represent Owner at the Site who
is not Engineer's consultant, agent or employee, the
responsibilities and authority and limitations thereon of
such other individual or entity will be as provided in the
Supplementary Conditions.
9.04 Authorized Variations in Work
A. Engineer may authorize minor variations in
the Work from the requirements of the Contract
Documents which do not involve an adjustment in the
Contract Price or the Contract Times and are compatible
with the design concept of the completed Project as a
functioning whole as indicated by the Contract Docu-
ments. These may be accomplished by a Field Order and
will be binding on Owner and also on Contractor, who
shall perform the Work involved promptly. If Owner or
Contractor believes that a Field Order justifies an
adjustment in the Contract Price or Contract Times, or
both, and the parties are unable to agree on entitlement to
or on the amount or extent, if any, of any such adjustment
, a Claim may be made therefor as provided in Paragraph
10.05.
9.05
Rejecting Defective Work
A. Without invalidating the Contract and without
notice to any surety, Owner may, at any time or from time
to time, order additions, deletions, or revisions in the
D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive.
under this Paragraph 9,08, Engineer will not show Upon receipt of any such document, Contractor shall
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright iD 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 28
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9.06 Shop Drawings. Change Orders and Payments
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A. In connection with Engineer's authority, and
limitations thereof, as to Shop Drawings and Samples, see
Paragraph 6.17.
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B. In connection with Engineer's authority, and
limitations thereof, as to design calculations and design
drawings submitted in response to a delegation of
professional design services, if any, see Paragraph 6.21.
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C. In connection with Engineer's authority as to
Change Orders, see Articles 10, 11, and 12,
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D. In connection with Engineer's authority as to
Applications for Payment, see Article 14.
9.07 Determinationsfor Unit Price Work
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A. Engineer will determine the actual quantities
and classifications of Unit Price Work performed by
Contractor, Engineer will review with Contractor the
Engineer's preliminary determinations on such matters
before rendering a written decision thereon (by
recommendation of an Application for Payment or
otherwise). Engineer's written decision thereon will be
final and binding (except as modified by Engineer to
reflect changed factual conditions or more accurate data)
upon Owner and Contractor, subject to the provisions of
Paragraph 10.05.
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9.08 Decisions on Requirements of Contract
Documents and Acceptability of Work
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A. Engineer will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. 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 30 days of the event giving rise
to the question
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8. Engineer will, with reasonable promptness,
render a written decision on the issue referred. If Owner
or Contractor believe that any such decision entitles them
to an adjustment in the Contract Price or Contract Times
or both, a Claim may be made under Paragraph 10.05.
The date of Engineer's decision shall be the date of the
event giving rise to the issues referenced for the purposes
of Paragraph 1O.05.B.
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C. Engineer's written decision on the issue
referred will be final and binding on Owner and
Contractor, subject to the provisions of Paragraph 10.05.
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partiality to Owner or Contractor and will not be liable in
connection with any interpretation or decision rendered in
good faith in such capacity.
9.09 Limitations on Engineer's Authority and
Responsibilities
A. Neither Engineer's authority or responsibility
under this Article 9 or under any other provision of the
Contract Documents nor any decision made by Engineer
in good faith either to exercise or not exercise such
authority or responsibility or the undertaking, exercise, or
performance of any authority or responsibility by
Engineer shall create, impose, or give rise to any duty in
contract, tort, or otherwise owed by Engineer to
Contractor, any Subcontractor, any Supplier, any other
individual or entity, or to any surety for or employee or
agent of any of them.
B. Engineer will not supervise, direct, control, or
have authority over or be responsible for Contractor's
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs
incident thereto, or for any failure of Contractor to
comply with Laws and Regulations applicable to the
performance of the Work. Engineer will not be respon-
sible for Contractor's failure to perform the Work in
accordance with the Contract Documents.
C. Engineer will not be responsible for the acts
or omissions of Contractor or of any Subcontractor, any
Supplier, or of any other individual or entity performing
any of the Work.
D. Engineer's review of the final Application for
Payment and accompanying documentation and all
maintenance and operating instructions, schedules,
guarantees, bonds, certificates of inspection, tests and
approvals, and other documentation required to be
delivered by Paragraph 14.07.A will only be to determine
generally that their content complies with the require-
ments of, and in the case of certificates of inspections,
tests, and approvals that the results certified indicate
compliance with the Contract Documents.
E. The limitations upon authority and responsi-
bility set forth in this Paragraph 9.09 shall also apply to,
the Resident Project Representative, if any, and assistants,
if any.
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.0 I
Authorized Changes in the Work
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promptly proceed with the Work involved which will be
performed under the applicable conditions of the Contract
Documents (except as otherwise specifically provided).
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B. If Owner and Contractor are unable to agree
on entitlement to, or on the amount or extent, if any, of an
adjustment in the Contract Price or Contract Times, or
both, that should be allowed as a result of a Work Change
Directive, a Claim may be made therefor as provided in
Paragraph 10.05.
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10.02 Unauthorized Changes in the Work
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A.Contractor shall not be entitled to an increase
in the Contract Price or an extension of the Contract
Times with respect to any work performed that is not
required by the Contract Documents as amended,
modified, or supplemented as provided in Paragraph 3.04,
except in the case of an emergency as provided in
Paragraph 6.16 or in the case of uncovering Work as
provided in Paragraph 13.04.B.
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10.03 Execution of Change Orders
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A. Owner and Contractor shall execute appropri-
ate Change Orders recommended by Engineer covering:
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1. changes in the Work which are: (i) ordered by
Owner pursuant to Paragraph 10.0 I,A, (ii) required
because of acceptance of defective Work under Paragraph
13.08.A or Owner's correction of defective Work under
Paragraph 13.09, or (iii) agreed to by the parties;
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2, changes in the Contract Price or Contract
Times which are agreed to by the parties, including any
undisputed sum or amount of time for Work actually
performed in accordance with a Work Change Directive;
and
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3. changes in the Contract Price or Contract
Times which embody the substance of any written
decision rendered by Engineer pursuant to Paragraph
10,05; provided that, in lieu of executing any such
Change Order, an appeal may be taken from any such
decision in accordance with the provisions of the Contract
Documents and applicable Laws and Regulations, but
during any such appeal, Contractor shall carry on the
Work and adhere to the Progress Schedule as provided in
Paragraph 6.18.A.
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10.04 Notification to Surety
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A. If notice of any change affecting the general
scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract Price
or Contract Times) is required by the provisions of any
bond to be given to a surety, the giving of any such notice
will be Contractor's responsibility. The amount of each
applicable bond will be adjusted to reflect the effect of
any such change.
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10.05 Claims
A. Engineer's Decision Required: All Claims,
except those waived pursuant to Paragraph 14.09, shall be
referred to the Engineer for decision. A decision by
Engineer shall be required as a condition precedent to any
exercise by Owner or Contractor of any rights or remedies
either may otherwise have under the Contract Documents
or by Laws and Regulations in respect of such Claims.
B. Notice: Written notice stating the general
nature of each Claim, shall be delivered by the claimant to
Engineer and the other party to the Contract promptly (but
in no event later than 30 days) after the start of the event
giving rise thereto. The responsibility to substantiate a
Claim shall rest with the party making the Claim. Notice
of the amount or extent of the Claim, with supporting data
shall be delivered to the Engineer and the other party to
the Contract within 60 days after the start of such event
(unless Engineer allows additional time for claimant to
submit additional or more accurate data in support of such
Claim). 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.B. Each Claim shall be accompanied
by claimant's written statement that the adjustment
claimed is the entire adjustment to which the claimant
believes it is entitled as a result of said event. The
opposing party shall submit any response to Engineer and
the claimant within 30 days after receipt of the claimant's
last submittal (unless Engineer allows additional time).
C. Engineer's Action: Engineer will review each
Claim and, within 30 days after receipt of the last
submittal of the claimant or the last submittal of the
opposing party, if any, take one of the following actions
in writing:
I. deny the Claim in whole or in part,
2. approve the Claim, or
3. notify the parties that the Engineer is unable to
resolve the Claim if, in the Engineer's sole discretion, it
would be inappropriate for the Engineer to do so. For
purposes of further resolution of the Claim, such notice
shall be deemed a denial.
D. In the event that Engineer does not take action
on a Claim within said 30 days, the Claim shall be
deemed denied.
E. Engineer's written action under Paragraph
1O.05.C or denial pursuant to Paragraphs 10.05,C.3 or
10.05.D will be final and binding upon Owner and
Contractor, unless Owner or Contractor invoke the
dispute resolution procedure set forth in Article 16 within
30 days of such action or denial.
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EJCDC C-700 Standard General Conditions of the Constrnction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 29
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F. No Claim for an adjustment in Contract Price
or Contract Times will be valid if not submitted in
accordance with this Paragraph 10.05.
ARTICLE 11 COST OF THE WORK;
ALLOWANCES; UNIT PRICE WORK
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work
means the sum of all costs, except those excluded in
Paragraph 11.01.B, necessarily incurred and paid by
Contractor in the proper performance of the Work. When
the value of any Work covered by a Change Order or
when a Claim for an adjustment in Contract Price is
determined on the basis of Cost of the Work, the costs to
be reimbursed to Contractor will be only those additional
or incremental costs required because of the change in the
Work or because of the event giving rise to the Claim.
Except as otherwise may be agreed to in writing by
Owner, such costs shall be in amounts no higher than
those prevailing in the locality of the Project, shall include
only the following items, and shall not include any of the
costs itemized in Paragraph 11.0 1.B.
1. Payroll costs for employees in the direct
employ of Contractor in the performance of the Work
under schedules of job classifications agreed upon by
Owner and Contractor. Such employees shall include,
without limitation, superintendents, foremen, and other
personnel employed full time at the Site. Payroll costs for
employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work.
Payroll costs shall include, but not be limited to, salaries
and wages plus the cost of fringe benefits, which shall
include social security contributions, unemployment,
excise, and payroll taxes, workers' compensation, health
and retirement benefits, bonuses, sick leave, vacation and
holiday pay applicable thereto. The expenses of
performing Work outside of regular working hours, on
Saturday, Sunday, or legal holidays, shall be included in
the above to the extent authorized by Owner.
2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith. All cash
discounts shall accrue to Contractor unless Owner
deposits funds with Contractor with which to make pay-
ments, in which case the cash discounts shall accrue to
Owner. All trade discounts, rebates and refunds and
returns from sale of surplus materials and equipment shall
accrue to Owner, and Contractor shall make provisions so
that they may be obtained.
bids from subcontractors acceptable to Owner and
Contractor and shall deliver such bids to Owner, who 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 paid on the basis of Cost of the
Work plus a fee, the Subcontractor's Cost of the Work
and fee shall be determined in the same manner as
Contractor's Cost of the Work and fee as provided in this
Paragraph 11.01.
4. Costs of special consultants (including but not
limited to Engineers, architects, testing laboratories,
surveyors, attorneys, and accountants) employed for
services specifically related to the Work.
5. Supplemental costs including the following:
a. The proportion of necessary transportation,
travel, and subsistence expenses of Contractor's
employees incurred in discharge of duties
connected with the Work.
b. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary
facilities at the Site, and hand tools not owned by
the workers, which are consumed in theperfor-
mance of the Work, and cost, less market value,
of such items used but not consumed which
remain the property of Contractor.
c. Rentals of all construction equipment and
machinery, and the parts thereof whether rented
from Contractor or others in accordance with
rental agreements approved by Owner with the
advice of Engineer, and the costs of
transportation, loading, unloading, assembly,
dismantling, and removal thereof. All such costs
shall be in accordance with the terms of said
rental agreements. The rental of any such equip-
ment, machinery, or parts shall cease when the
use thereof is no longer necessary for the Work,
d. Sales, consumer, use, and other similar taxes
related to the Work, and for which Contractor is
liable, imposed by Laws and Regulations.
e. Deposits lost for causes other than negligence
of Contractor, any Subcontractor, or anyone
directly or indirectly employed by any of them or
for whose acts any of them may be liable, and
royalty payments and fees for permits and
licenses.
f, Losses and damages (and related expenses)
caused by damage to the Work, not compensated
by insurance or otherwise, sustained by
Contractor in connection with the performance
of the Work (except losses and damages within
the deductible amounts of property insurance
established in accordance with Paragraph
EJCnC C-700 Standard General Conditions of the Constrnction Contract.
Copyright ~ 2002 National Society of Professional Engineers for EJCnc. All rights reserved.
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3. Payments made by Contractor to
Subcontractors for Work performed by Subcontractors. If
required by Owner, Contractor shall obtain competitive
A. Where the Contract Documents provide that
all or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all Unit
Price Work an amount equal to the sum of the unit price
for each separately identified item of Unit Price Work
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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5.06.0), provided such losses and damages have
resulted from causes other than the negligence of
Contractor, any Subcontractor, or anyone
directly or indirectly employed by any of them or
for whose acts any of them may be liable, Such
losses shall include settlements made with the
written consent and approval of Owner. No such
losses, damages, and expenses shall be included
in the Cost of the Work for the purpose of
detennining Contractor's fee.
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g. The cost of utilities, fuel, and sanitary
facilities at the Site.
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h. Minor expenses such as telegrams, long
distance telephone calls, telephone service at the
Site, expresses, and similar petty cash items in
connection with the Work.
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i. The costs of premiums for all bonds and
insurance Contractor is required by the Contract
Documents to purchase and maintain.
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B. Costs Excluded: The tenn Cost of the Work
shall not include any of the following items:
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I. Payroll costs and other compensation of
Contractor's officers, executives, principals (of
partnerships and sole proprietorships), general managers,
safety managers, engineers, architects, estimators, attor-
neys, 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 and not specifically included
in the agreed upon schedule of job classifications referred
to in Paragraph II.OI.A.I or specifically covered by
Paragraph 11.01.AA, all of which are to be considered
administrative costs covered by the Contractor's fee.
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2. Expenses of Contractor's principal and branch
offices other than Contractor's office at the Site.
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3. Any part of Contractor's capital expenses,
including interest on Contractor's capital employed for
the Work and charges against Contractor for delinquent
payments.
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4. Costs due to the negligence of Contractor, any
Subcontractor, or anyone directly or indirectly employed
by any of them or for whose acts any of them may be
liable, including but not limited to, the correction of
defective Work, disposal of materials or equipment
wrongly supplied, and making good any damage to
property.
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5. Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in Paragraphs 11.0 I.A and 11.01.8.
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C. Contractor's Fee: When all the Work is
perfonned on the basis of cost-plus, Contractor's fee shall
be detennined as set forth in the Agreement. When the
value of any Work covered by a Change Order or when a
Claim for an adjustment in Contract Price is detennined
on the basis of Cost of the Work, Contractor's fee shall be
detennined as set forth in Paragraph 12.01.C.
D. Documentation: Whenever the Cost of the
Work for any purpose is to be determined pursuant to
Paragraphs 11.0 I.A and 11.01.8, Contractor will establish
and maintain records thereof in accordance with generally
accepted accounting practices and submit in a fonn
acceptable to Engineer an itemized cost breakdown
together with supporting data.
11.02 Allowances
A. 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 perfonned for such sums and by such persons or
entities as may be acceptable to Owner and Engineer,
B. Cash Allowances
I . Contractor agrees that:
a. the cash allowances include the cost to
Contractor (less any applicable trade discounts)
of materials and equipment required by the
allowances to be delivered at the Site, and all
applicable taxes; and
b. Contractor's costs for unloading and handling
on the Site, labor, installation, overhead, profit,
and other expenses contemplated for the cash
allowances have been included in the Contract
Price and not in the allowances, and no demand
for additional payment on account of any of the
foregoing will be valid.
C. Contingency Allowance
I. Contractor agrees that a contingency
allowance, if any, is for the sole use of Owner to cover
unanticipated costs.
D. Prior to final payment, an appropriate Change
Order will be issued as recommended by Engineer to
reflect actual amounts due Contractor on account of Work
covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.03 Unit Price Work
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times the estimated quantity of each item as indicated in
the Agreement.
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B. The estimated quantities of items of Unit
Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial
Contract Price. Determinations of the actual quantities
and classifications of Unit Price Work performed by
Contractor will be made by Engineer subject to the
provisions of Paragraph 9.07.
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C. Each unit price will be deemed to include an
amount considered by Contractor to be adequate to cover
Contractor's overhead and profit for each separately
identified item.
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D. Owner or Contractor may make a Claim for
an adjustment in the Contract Price in accordance with
Paragraph 10.05 if:
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1. the quantity of any item of Unit Price Work
performed by Contractor differs materially and signifi-
cantly from the estimated quantity of such item indicated
in the Agreement; and
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2. there is no corresponding adjustment with
respect any other item of Work; and
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3. Contractor believes that Contractor is entitled
to an increase in Contract Price as a result of having
incurred additional expense or Owner believes that Owner
is entitled to a decrease in Contract Price and the parties
are unable to agree as to the amount of any such increase
or decrease.
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ARTICLE 12 - CHANGE OF CONTRACT PRICE;
CHANGE OF CONTRACT TIMES
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12.01 Change of Contract Price
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A. The Contract Price may only be changed by a
Change Order. Any Claim for an adjustment in the
Contract Price 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 Paragraph 10.05.
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B. The value of any Work covered by a Change
Order or of any Claim for an adjustment in the Contract
Price will be determined as follows:
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I. where the Work involved is covered by unit
prices contained in the Contract Documents, by applica-
tion of such unit prices to the quantities of the items
involved (subject to the provisions of Paragraph 11.03);
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2. where the Work involved is not covered by
unit prices contained in the Contract Documents, by a
mutually agreed lump sum (which may include an
allowance for overhead and profit not necessarily in
accordance with Paragraph 12,OI.C.2); or
3. where the Work involved is not covered by
unit prices contained in the Contract Documents and
agreement to a lump sum is not reached under Paragraph
12.0I.B.2, on the basis of the Cost of the Work
(determined as provided in Paragraph 11.01) plus a
Contractor's fee for overhead and profit (determined as
provided in Paragraph 12.01.C).
C. Contractor's Fee: The Contractor's fee for
overhead and profit shall be determined as follows:
I. a mutually acceptable fixed fee; or
2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various portions
of the Cost of the Work:
a. for costs incurred under Paragraphs 11.01.A.l
and 11.0I.A.2, the Contractor's fee shall be 15
percent;
b. for costs incurred under Paragraph 11.01.A.3,
the Contractor's fee shall be five percent;
c. where one or more tiers of subcontracts are on
the basis of Cost of the Work plus a fee and no
fixed fee is agreed upon, the intent of Paragraph
12.01.C.2.a is that the Subcontractor who
actually performs the Work, at whatever tier, will
be paid a fee of 15 percent of the costs incurred
by such Subcontractor under Paragraphs
11.01.A.I and 11.0 I.A.2 and that any higher tier
Subcontractor and Contractor will each be paid a
fee of five percent of the amount paid to the next
lower tier Subcontractor;
d. no fee shall be payable on the basis of costs
itemized under Paragraphs 11.01.AA, II,OI.A.5,
and 11.0 I.B;
e. the amount of credit to be allowed by
Contractor to Owner for any change which
results in a net decrease in cost will be the
amount of the actual net decrease in cost plus a
deduction in Contractor's fee by an amount equal
to five percent of such net decrease; and
f, when both additions and credits are involved
in anyone change, the adjustment in
Contractor's fee shall be computed on the basis
of the net change in accordance with Paragraphs
12.0 I.C.2.a through 12.0 I.C.2.e, inclusive.
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EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright@ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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12.02 Change of Contract Times
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A. The Contract Times may only be changed by
a Change Order. Any Claim for an adjustment in the
Contract 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 Paragraph 10.05.
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B, Any adjustment of the Contract Times
covered by a Change Order or any Claim for an
adjustment in the Contract Times will be determined in
accordance with the provisions of this Article 12.
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12.03 Delays
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A. Where Contractor is prevented from
completing any part of the Work within the Contract
Times due to delay beyond the control of Contractor, the
Contract Times will be extended in an amount equal to
the time lost due to such delay if a Claim is made therefor
as provided in Paragraph 12.02.A. 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 contemplat-
ed by Article 7, fires, floods, epidemics, abnormal
weather conditions, or acts of God.
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B. If Owner, Engineer, or other contractors or
utility owners performing other work for Owner as
contemplated by Article 7, or anyone for whom Owner is
responsible, delays, disrupts, or interferes with the
performance or progress of the Work, then Contractor
shall be entitled to an equitable adjustment in the Contract
Price or the Contract Times , or both. Contractor's
entitlement to an adjustment of the Contract Times is
conditioned on such adjustment being essential to
Contractor's ability to complete the Work within the
Contract Times.
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C If Contractor is delayed in the performance or
progress of the Work by fire, flood, epidemic, abnormal
weather conditions, acts of God, acts or failures to act of
utility owners not under the control of Owner, or other
causes not the fault of and beyond control of Owner and
Contractor, then Contractor shall be entitled to an
equitable adjustment in Contract Times, if such
adjustment is essential to Contractor's ability to complete
the Work within the Contract Times. Such an adjustment
shall be Contractor's sole and exclusive remedy for the
delays described in this Paragraph 12.03.C.
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D. Owner, Engineer and the Related Entities of
each of them shall not be liable to Contractor for any
claims, costs, losses, or 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) sustained by
Contractor on or in connection with any other project or
anticipated project.
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E. Contractor shall not be entitled to an
adjustment in Contract Price or Contract Times for delays
within the control of Contractor. Delays attributable to
and within the control of a Subcontractor or Supplier shall
be deemed to be delays within the control of Contractor.
ARTICLE 13 TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which
Owner or Engineer has actual knowledge will be given to
Contractor. All defective Work may be rejected,
corrected, or accepted as provided in this Article 13,
13.02 Access to Work
A. Owner, Engineer, their consultants and other
representatives and personnel of Owner, independent
testing laboratories, and governmental agencies with
jurisdictional interests will have access to the Site and the
Work at reasonable times for their observation,
inspectin-g, and testing. Contractor shall provide them
proper and safe conditions for such access and advise
them of Contractor's Site safety procedures and programs
so that they may comply therewith as applicable.
13.03 Tests and Inspections
A. Contractor shall give Engineer timely notice
of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
B. Owner shall employ and pay for the services
of an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except:
1. for inspections, tests, or approvals covered by
Paragraphs 13.03.C and 13.03,D below;
2. that costs incurred in connection with tests or
inspections conducted pursuant to Paragraph 13.04.B
shall be paid as provided in said Paragraph 13.04.C; and
3. as otherwise specifically provided in the Con-
tract Documents.
C. If Laws or Regulations of any public body
having jurisdiction require any Work (or part thereot)
specifically to be inspected, tested, or approved by an
employee or other representative of such public body,
Contractor shall assume full responsibility for arranging
and obtaining such inspections, tests, or approvals, pay all
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EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright 1!::l2002 National Socicty of ProCessional Engineers for EJCDC. All rights reserved.
00700 - 33
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D. If, the uncovered Work is not found to be
defective, Contractor shall be allowed an increase in the 2. correct such defective Work; or
Contract Price or an extension of the Contract Times, or
both, directly attributable to such uncovering, exposure,
observation, inspection, testing, replacement, and
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright@ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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costs in connection therewith, and furnish Engineer the
required certificates of inspection or approval.
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D. Contractor shall be responsible for arranging
and obtaining and shall pay all costs in connection with
any inspections, tests, or approvals required for Owner's
and Engineer's acceptance of materials or equipment to
be incorporated in the Work; or acceptance of materials,
mix designs, or equipment submitted for approval prior to
Contractor's purchase thereof for incorporation in the
Work. Such inspections, tests, or approvals shall be
perfonned by organizations acceptable to Owner and
Engineer.
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E. If any Work (or the work of others) that is to
be inspected, tested, or approved is covered by Contractor
without written concurrence of Engineer, it must, if
requested by Engineer, be uncovered for observation.
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F. Uncovering Work as provided in Paragraph
13.03,E shall be at Contractor's expense unless
Contractor has given Engineer timely notice of
Contractor's intention to cover the same and Engineer has
not acted with reasonable promptness in response to such
notice.
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13.04 Uncovering Work
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A. If any Work is covered contrary to the written
request of Engineer, it must, if requested by Engineer, be
uncovered for Engineer's observation and replaced at
Contractor's expense.
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B. If Engineer considers it necessary or advisable
that covered Work be observed by Engineer or inspected
or tested by others, Contractor, at Engineer's request,
shall uncover, expose, or otherwise make available for
observation, inspection, or testing as Engineer may
require, that portion of the Work in question, furnishing
all necessary labor, material, and equipment.
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C. 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. If
the parties are unable to agree as to the amount thereof,
Owner may make a Claim therefor as provided in
Paragraph 10.05.
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reconstruction. If the parties are unable to agree as to the
amount or extent thereof, Contractor may make a Claim
therefor as provided in Paragraph 10.05.
13.05 Owner May Stop the Work
A. If the Work is defective, or Contractor fails to
supply sufficient skilled workers or suitable materials or
equipment, or fails to perfonn the Work in such a way
that the completed Work will confonn to the Contract
Documents, Owner may order Contractor to stop the
Work, or any portion thereof, until the cause for such
order has been eliminated; however, this right of Owner
to stop the Work shall not give rise to any duty on the part
of Owner to exercise this right for the benefit of
Contractor, any Subcontractor, any Supplier, any other
individual or entity, or any surety for, or employee or
agent of any of them.
13.06 Correction or Removal of Defective Work
A, Promptly after receipt of notice, Contractor
shall correct all defective Work, whether or not
fabricated, installed, or completed, or, if the Work has
been rejected by Engineer, remove it from the Project and
replace it with Work that is not 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 correction or removal (including but
not limited to all costs of repair or replacement of work of
others).
B. When correcting defective Work under the
tenns of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action that would void or
otherwise impair Owner's special warranty and guarantee,
if any, on said Work.
13.07 Correction Period
A, If within one year after the date of Substantial
Completion (or such longer period of time as may be
prescribed by the tenns of any applicable special
guarantee required by the Contract Documents) or by any
specific provision of the Contract Documents, any Work
is found to be defective, or if the repair of any damages to
the land or areas made available for Contractor's use by
Owner or permitted by Laws and Regulations as
contemplated in Paragraph 6.II.A is found to be
defective, Contractor shall promptly, without cost to
Owner and in accordance with Owner's written
instructions:
I. repair such defective land or areas; or
A, If, instead of requiring correction or removal
and replacement of defective Work, Owner (and, prior to
Engineer's recommendation of final payment, Engineer)
prefers to accept it, Owner may do so. 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) attributable to
Owner's evaluation of and determination to accept such
defective Work (such costs to be approved by Engineer as
to reasonableness) and the diminished value of the Work
to the extent not otherwise paid by Contractor pursuant to
this sentence. If any such acceptance occurs prior to
Engineer's recommendation of final payment, a Change
Order will be issued incorporating the necessary revisions
in the Contract Documents with respect to the Work, and
Owner shall be entitled to an appropriate decrease in the
EJCDC C-700 Standard General Conditions of the Constrnction Contract.
Copyright it'> 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 35
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3. if the defective Work has been rejected by
Owner, remove it from the Project and replace it with
Work that is not defective, and
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4. satisfactorily correct or repair or remove and
replace any damage to other Work, to the work of others
or other land or areas resulting therefrom.
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B. If Contractor does not promptly comply with
the terms of Owner's written instructions, or in an
emergency where delay would cause serious risk of loss
or damage, Owner may have the defective Work
corrected or repaired or may have the rejected Work re-
moved and replaced. 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 correction or repair
or such removal and replacement (including but not
limited to all costs of repair or replacement of work of
others) will be paid by Contractor,
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C. In special circumstances where a particular
item of equipment is placed in continuous service before
Substantial Completion of all the Work, the correction
period for that item may start to run from an earlier date if
so provided in the Specifications.
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D. Where defective Work (and damage to other
Work resulting therefrom) has been corrected or removed
and replaced under this Paragraph 13.07, the correction
period hereunder with respect to such Work will be
extended for an additional period of one year after such
correction or removal and replacement has been
satisfactorily completed.
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E. 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 repose.
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13.08
Acceptance of Defective Work
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Contract Price, reflecting the diminished value of Work
so accepted. If the parties are unable to agree as to the
amount thereof, Owner may make a Claim therefor as
provided in Paragraph 10.05. If the acceptance occurs
after such recommendation, an appropriate amount will be
paid by Contractor to Owner.
13.09 Owner May Correct Defective Work
A. If Contractor fails within a reasonable time
after written notice from Engineer to correct defective
Work or to remove and replace rejected Work as required
by Engineer in accordance with Paragraph 13.06.A, or if
Contractor fails to perform the Work in accordance with
the Contract Documents, or if Contractor fails to comply
with any other provision of the Contract Documents,
Owner may, after seven days written notice to Contractor,
correct or remedy any such deficiency.
B. In exercising the rights and remedies under
this Paragraph 13.09, Owner shall proceed expeditiously,
In connection with such corrective or remedial action,
Owner may exclude Contractor from all or part of the
Site, take possession of all or part of the Work and
suspend Contractor's services related thereto, take posses-
sion of Contractor's tools, appliances, construction
equipment and machinery at the Site, and incorporate in
the Work all materials and equipment stored at the Site or
for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Owner's
representatives, agents and employees, Owner's other
contractors, and Engineer and Engineer's consultants
access to the Site to enable Owner to exercise the rights
and remedies under this Paragraph.
C, 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) incurred or sustained by Owner in exercising the
rights and remedies under this Paragraph 13.09 will be
charged against Contractor, and a Change Order will be
issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and Owner
shall be entitled to an appropriate decrease in the Contract
Price. If the parties are unable to agree as to the amount of
the 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
repair, or replacement of work of others destroyed or
damaged by correction, removal, or replacement of
Contractor's defective Work.
D. Contractor shall not be allowed an extension
of the Contract Times because of any delay in the
performance of the Work attributable to the exercise by
Owner of Owner's rights and remedies under this
Paragraph 13.09,
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ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
COMPLETION
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14.01 Schedule a/Values
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A. The Schedule of Values established as provid-
ed in Paragraph 2.07.A will serve as the basis for progress
payments and will be incorporated into a form of Applica-
tion for Payment acceptable to Engineer. Progress
payments on account of Unit Price Work will be based on
the number of units completed.
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14.02 Progress Payments
A. Applications for Payments
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1. At least 20 days before the date established in
the Agreement for each progress payment (but not more
often than once a month), 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 and accompanied by such
supporting documentation as is required by the Contract
Documents. If payment is requested on the basis of
materials and equipment not incorporated in the Work but
delivered and suitably storedai: the Site or at another
location agreed to in writing, the Application for Payment
shall also be accompanied by a bill of sale, invoice, or
other documentation warranting that Owner has received
the materials and equipment free and clear of all Liens
and evidence that the materials and equipment are
covered by appropriate property insurance or other
arrangements to protect Owner's interest therein, all of
which must be satisfactory to Owner.
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2, Beginning with the second Application for
Payment, each Application shall include an affidavit of
Contractor stating that all previous progress payments
received on account of the Work have been applied on
account to discharge Contractor's legitimate obligations
associated with prior Applications for Payment.
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3. The amount of retainage with respect to
progress payments will be as stipulated in the Agreement.
B. Review of Applications
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1. Engineer will, within 10 days after receipt of
each Application for Payment, either indicate in writing a
recommendation of payment and present the Application
to Owner or return the Application to Contractor
indicating in writing Engineer's reasons for refusing to
recommend payment. In the latter case, Contractor may
make the necessary corrections and resubmit the
Application.
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2. Engineer's recommendation of any payment
requested in an Application for Payment will constitute a
representation by Engineer to Owner, based on Engineer's
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observations on the Site of the executed Work as an
experienced and qualified design professional and on
Engineer's review of the Application for Payment and the
accompanying data and schedules, that to the best of
Engineer's knowledge, information and belief:
a. the Work has progressed to the point indicat-
ed;
b. the quality of the Work is generally in accor-
dance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the
results of any subsequent tests called for in the
Contract Documents, to a final determination of
quantities and classifications for Unit Price Work
under Paragraph 9.07, and to any other
qualifications stated in the recommendation); and
c. the conditions precedent to Contractor's being
entitled to such payment appear to have been
fulfilled in so far as it is Engineer's
responsibility to observe the Work.
3. By recommending any such payment Engineer
will not thereby be deemed to have represented that:
a. inspections made to check the quality or the
quantity of the Work as it has been performed
have been exhaustive, extended to every aspect
of the Work in progress, or involved detailed
inspections of the Work beyond the responsi-
bilities specifically assigned to Engineer in the
Contract Documents; or
b. that there may not be other matters or issues
between the parties that might entitle Contractor
to be paid additionally by Owner or entitle
Owner to withhold payment to Contractor,
4. Neither Engineer's review of Contractor's
Work for the purposes of recommending payments nor
Engineer's recommendation of any payment, including
final payment, will impose responsibility on Engineer:
a. to supervise, direct, or control the Work, or
b. for the means, methods, techniques,
sequences, or procedures of construction, or the
safety precautions and programs incident thereto,
or
c. for Contractor's failure to comply with Laws
and Regulations applicable to Contractor's
performance of the Work, or
d. to make any examination to ascertain how or
for what purposes Contractor has used the
moneys paid on account of the Contract Price, or
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EJCOC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCOC. All rights reserved.
00700 - 36
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C. If Engineer considers the Work substantially
complete, Engineer will deliver to Owner a tentative
certificate of Substantial Completion which shall fix the
date of Substantial Completion. There shall be attached to
the certificate a tentative list of items to be completed or
corrected before final payment. Owner shall have seven
days after receipt of the tentative certificate during which
to make written objection to Engineer as to any provisions
of the certificate or attached list. If, after considering such
objections, Engineer concludes that the Work is not
substantially complete, Engineer will within 14 days after
submission of the tentative certificate to Owner notify
Contractor in writing, stating the reasons therefor. If, after
consideration of Owner's objections, Engineer considers
the Work substantially complete, Engineer will within
said 14 days execute and deliver to Owner and Contractor
a definitive certificate of Substantial Completion (with a
revised tentative list of items to be completed or correct-
ed) reflecting such changes from the tentative certificate
as Engineer believes justified after consideration of any
objections from Owner.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright@ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 37
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e. to determine that title to any of the Work,
materials, or equipment has passed to Owner free
and clear of any Liens.
,.,
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5. Engineer may refuse to recommend the whole
or any part of any payment if, in Engineer's opinion, it
would be incorrect to make the representations to Owner
stated in Paragraph 14.02.B.2. Engineer may also refuse
to recommend any such payment or, because of subse-
quently discovered evidence or the results of subsequent
inspections or tests, revise or revoke any such payment
recommendation previously made, to such extent as may
be necessary in Engineer's opinion to protect Owner from
loss because:
I
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.
I
a, the Work is defective, or completed Work has
been damaged, requiring correction or replace-
ment;
,.,
.
b. the Contract Price has been reduced by
Change Orders;
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c. Owner has been required to correct defective
Work or complete Work in accordance with
Paragraph 13.09; or
f"1
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d. Engineer has actual knowledge of the
occurrence of any of the events enumerated in
Paragraph 15.02.A.
.,
.
C. Payment Becomes Due
...,
1. Ten days after presentation of the Application
for Payment to Owner with Engineer's recommendation,
the amount recommended will (subject to the provisions
of Paragraph 14.02.D) become due, and when due will be
paid by Owner to Contractor.
.
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D. Reduction in Payment
,..,
1. Owner may refuse to make payment of the full
amount recommended by Engineer because:
.
,..,
.
a. claims have been made against Owner on
account of Contractor's performance or furnish-
ing of the Work;
'1
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b. Liens have been filed in connection with the
Work, except where Contractor has delivered a
specific bond satisfactory to Owner to secure the
satisfaction and discharge of such Liens;
,.,
.
c. there are other items entitling Owner to a
set-off against the amount recommended; or
h
.
d. Owner has actual knowledge of the 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.
...,
.
rl
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2. If Owner refuses to make payment of the full
amount recommended by Engineer, Owner will give
Contractor immediate written notice (with a copy to
Engineer) stating the reasons for such action and promptly
pay Contractor any amount remaining after deduction of
the amount so withheld. Owner shall promptly pay
Contractor the amount so withheld, or any adjustment
thereto agreed to by Owner and Contractor, when
Contractor corrects to Owner's satisfaction the reasons for
such action.
3. If it is subsequently determined that Owner's
refusal of payment was not justified, the amount
wrongfully withheld shall be treated as an amount due as
determined by Paragraph 14.02.C.I.
14.03 Contractor's Warranty of Tille
A. Contractor warrants and guarantees that title
to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the
Project or not, will pass to Owner no later than the time of
payment free and clear of all Liens.
14.04 Substantial Completion
A. When Contractor considers the entire Work
ready for its intended use Contractor shall notify Owner
and Engineer in writing that the entire Work is
substantially complete (except for items specifically listed
by Contractor as incomplete) and request that Engineer
issue a certificate of Substantial Completion.
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.
3. In lieu of the releases or waivers of Liens
specified in Paragraph l4.07.A.2 and as approved by
Owner, Contractor may furnish receipts or releases in full
and an affidavit of Contractor that: (i) the releases and
receipts include all labor, services, material, and
equipment for which a Lien could be filed; and (ii) all
payrolls, material and equipment bills, and other
indebtedness connected with the Work for which Owner
or Owner's property might in any way be responsible have
been paid or otherwise satisfied. If any Subcontractor or
Supplier fails to furnish such a release or receipt in full,
Contractor may furnish a bond or other collateral
EJCnC C-700 Standard General Conditions of the Construction Contract.
Copyright i!::l2002 National Society of Professional Engineers for EJCnc. All rights reserved.
00700 - 38
.,
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D. At the time of delivery of the tentative
certificate of Substantial Completion, Engineer will
deliver to Owner and Contractor a written recommen-
dation 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, Unless Owner and Contractor agree otherwise
in writing and so inform Engineer in writing prior to
Engineer's issuing the definitive certificate of Substantial
Completion, Engineer's aforesaid recommendation will
be binding on Owner and Contractor until final payment.
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E. Owner shall have the right to exclude
Contractor from the Site after the date of Substantial
Completion subject to allowing Contractor reasonable
access to complete or correct items on the tentative list.
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14.05 Partial Utilization
"
.
A. Prior to Substantial Completion of all the
Work, Owner may use or occupy any substantially
completed part of the Work which has specifically been
identified in the Contract Documents, or which Owner,
Engineer, and Contractor agree constitutes a separately
functioning and usable part of the Work that can be used
by Owner for its intended purpose without significant
interference with Contractor's performance of the
remainder of the Work, subject to the following condi-
tions,
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1. Owner at any time may request Contractor in
writing to permit Owner to use or occupy any such part of
the Work which Owner believes to be ready for its
intended use and substantially complete. If and when
Contractor agrees that such part of the Work is
substantially complete, Contractor will certify to Owner
and Engineer that such part of the Work is substantially
complete and request Engineer to issue a certificate of
Substantial Completion for that part of the Work.
f"1
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2. Contractor at any time may notify Owner and
Engineer in writing that Contractor considers any such
part of the Work ready for its intended use and substan-
tially complete and request Engineer to issue a certificate
of Substantial Completion for that part of the Work.
I
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3. Within a reasonable time after either such
request, Owner, Contractor, and Engineer shall make an
inspection of that part of the Work to determine its status
of completion. If Engineer does not consider that part of
the Work to be substantially complete, Engineer will
notify Owner and Contractor in writing giving the reasons
therefor. If Engineer considers that part of the Work to be
substantially complete, the provisions of Paragraph 14.04
will apply with respect to certification of Substantial
Completion of that part of the Work and the division of
responsibility in respect thereof and access thereto.
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4. No use or occupancy or separate operation of
part of the Work may occur prior to compliance with the
requirements of Paragraph 5. IO regarding property
insurance.
14.06 Final Inspection
A. Upon written notice from Contractor that the
entire Work or an agreed portion thereof is complete,
Engineer will promptly make a final inspection with
Owner and Contractor and will notify Contractor in
writing of all particulars in which this inspection reveals
that the Work is incomplete or defective. Contractor shall
immediately take such measures as are necessary to
complete such Work or remedy such deficiencies.
14.07 Final Payment
A. Application for Payment
1. After Contractor has, in the opinion of
Engineer, satisfactorily completed all corrections
identified during the final inspection and has delivered, in
accordance with the Contract Documents, all maintenance
and operating instructions, schedules, guarantees, bonds,
certificates or other evidence of insurance certificates of
inspection, marked-up record doclirnents (as- provided in
Paragraph 6.12), and other documents, Contractor may
make application for final payment following the
procedure for progress payments.
2. The final Application for Payment shall be
accompanied (except as previously delivered) by:
a. all documentation called for in the Contract
Documents, including but not limited to the
evidence of insurance required by Paragraph
5,04.8.7;
b. consent of the surety, ifany, to final payment;
c. a list of all Claims against Owner that
Contractor believes are unsettled; and
d. complete and legally effective releases or
waivers (satisfactory to Owner) of all Lien rights
arising out of or Liens filed in connection with
the Work.
....
.
satisfactory to Owner to indemnify Owner against any
Lien.
..,
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B. Engineer's Review of Application and
Acceptance
II
.
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 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, within ten days after receipt of the final
Application for Payment, indicate in writing Engineer's
recommendation of payment and present the Application
for Payment to Owner for payment. At the same time
Engineer will also give written notice to Owner and
Contractor that the Work is acceptable subject to the
provisions of Paragraph 14.09. Otherwise, Engineer will
return the Application for Payment to Contractor, indicat-
ing 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.
II
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.
..,
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C. Payment Becomes Due
..,
.
1. Thirty days after the presentation to Owner of
the Application for Payment and accompanying docu-
mentation, the amount recommended by Engineer, less
any sum Owner is entitled to set off against Engineer's
recommendation, including but not limited to liquidated
damages, will become due and, will be paid by Owner to
Contractor.
..,
.
14.08 Final Completion Delayed
M
.
A. If, through no fault of Contractor, final
completion of the Work is significantly delayed, and if
Engineer so confirms, Owner shall, upon receipt of
Contractor's final Application for Payment (for Work
fully completed and accepted) and recommendation of
Engineer, and without terminating the Contract, make
payment of the balance due for that portion of the Work
fully completed and accepted. If the remaining balance to
be held by Owner for Work not fully completed or
corrected is less than the retainage stipulated in the
Agreement, and if bonds have been furnished as required
in Paragraph 5.01, the written consent of the surety to the
payment of the balance due for that portion of the Work
fully completed and accepted shall be submitted by
Contractor to Engineer with the Application for such
payment. Such payment shall be made under the terms
and conditions governing final payment, except that it
shall not constitute a waiver of Claims.
I"""
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M
.
..,
.
...,
.
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14.09 Waiver of Claims
M
.
A. The making and acceptance of final payment
will constitute:
1. a waiver of all Claims by Owner against
Contractor, except Claims arising from unsettled Liens,
from defective Work appearing after final inspection
pursuant to Paragraph 14.06, from failure to comply with
the Contract Documents or the terms of any special
guarantees specified therein, or from Contractor's
continuing obligations under the Contract Documents;
and
2. a waiver of all Claims by Contractor against
Owner other than those previously made in accordance
with the requirements herein and expressly acknowledged
by Owner in writing as still unsettled.
ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION
15.01 Owner May Suspend Work
A. At any time and without cause, Owner may
suspend the Work or any portion thereof for a period of
not more than 90 consecutive days by notice in writing to
Contractor and Engineer which will fix_the _date on ~hich
Work will be resumed. Contractor shall resume the Work
on the date so fixed. Contractor shall be granted an adjust-
ment in the Contract Price or an extension of the Contract
Times, or both, directly attributable to any such
suspension if Contractor makes a Claim therefor as
provided in Paragraph 10.05.
15.02 Owner May Terminatefor Cause
A, The occurrence of anyone or more of the
following events will justify termination for cause:
1. Contractor's persistent failure to perform the
Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the Progress Schedule established
under Paragraph 2.07 as adjusted from time to time
pursuant to Paragraph 6.04);
2. Contractor's disregard of Laws or Regulations
of any public body having jurisdiction;
3. Contractor's disregard of the authority of
Engineer; or
4. Contractor's violation in any substantial way
of any provisions of the Contract Documents.
B. If one or more of the events identified in
Paragraph 15.02.A occur, Owner may, after giving
Contractor (and surety) seven days written notice of its
intent to terminate the services of Contractor:
.
EJCDC C-700 Standard General Conditions of the Construction Contract,
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 39
....,
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\, exclude Contractor from the Site, and take
possession of the Work and of all Contractor's tools,
appliances, construction equipment, and machinery at the
Site, and use the same to the full extent they could be
used by Contractor (without liability to Contractor for
trespass or conversion),
I
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2. incorporate in the Work all materials and
equipment stored at the Site or for which Owner has paid
Contractor but which are stored elsewhere, and
"
.
3. complete the Work as Owner may deem
expedient
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C. If Owner proceeds as provided in Paragraph
15.02.B, Contractor shall not be entitled to receive any
further payment until the Work is completed. If the
unpaid balance of the Contract Price exceeds 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) sustained by Owner arising out
of or relating to completing the Work, such excess will be
paid to Contractor. If such claims, costs, losses, and
damages exceed such unpaid balance, Contractor shall
pay the difference to Owner. Such claims, costs, losses,
and damages incurred by Owner will be reviewed by
Engineer as to their reasonableness and, when so
approved by Engineer, incorporated in a Change Order.
When exercising any rights or remedies under this
Paragraph Owner shall not be required to obtain the
lowest price for the Work performed.
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D. Notwithstanding Paragraphs 15.02.8 and
15.02.C, Contractor's services will not be terminated if
Contractor begins within seven days of receipt of notice
of intent to terminate to correct its failure to perform and
proceeds diligently to cure such failure within no more
than 30 days of receipt of said notice.
.
-
.
,.,
E. Where Contractor's services have been so
terminated by Owner, the termination will not affect any
rights or remedies of Owner against Contractor then
existing or which may thereafter accrue. Any retention or
payment of moneys due Contractor by Owner will not
release Contractor from liability.
.
..,
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F. If and to the extent that Contractor has
provided a performance bond under the provisions of
Paragraph 5.0I.A, the termination procedures of that bond
shall supersede the provisions of Paragraphs 15.02.8, and
15.02.C.
..,
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15.03 Owner May Terminate For Convenience
n
A. Upon seven days written notice to Contractor
and Engineer, Owner may, without cause and without
prejudice to any other right or remedy of Owner,
terminate the Contract In such case, Contractor shall be
paid for (without duplication of any items):
.
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1. completed and acceptable Work executed in
accordance with the Contract Documents prior to the
effective date of termination, including fair and
reasonable sums for overhead and profit on such Work;
2. expenses sustained prior to the effective date
of termination in performing services and furnishing
labor, materials, or equipment as required by the Contract
Documents in connection with uncompleted Work, plus
fair and reasonable sums for overhead and profit on such
expenses;
3. 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) incurred in settlement of terminated contracts with
Subcontractors, Suppliers, and others; and
4. reasonable expenses directly attributable to
termination,
B. Contractor shall not be paid on account of loss
of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
15.04 Contractor May Stop Work or Terminate
A. If, through no act or fault of Contractor, (i)
the Work is suspended for more than 90 consecutive days
by Owner or under an order of court or other public
authority, or (ii) Engineer fails to act on any Application
for Payment within 30 days after it is submitted, or (iii)
Owner fails for 30 days to pay Contractor any sum finally
determined to be due, then Contractor may, upon seven
days written notice to Owner and Engineer, and provided
Owner or Engineer do not remedy such suspension or
failure within that time, terminate the Contract and
recover from Owner payment on the same terms as
provided in Paragraph 15.03.
B. In lieu of terminating the Contract and
without prejudice to any other right or remedy, if
Engineer has failed to act on an Application for Payment
within 30 days after it is submitted, or Owner has failed
for 30 days to pay Contractor any sum finally determined
to be due, Contractor may, seven days after written notice
to Owner and Engineer, stop the Work until payment is
made of all such amounts due Contractor, including
interest thereon. The provisions of this Paragraph \5.04
are not intended to preclude Contractor from making a
Claim under Paragraph 10.05 for an adjustment in
Contract Price or Contract Times or otherwise for
expenses or damage directly attributable to Contractor's
stopping the Work as permitted by this Paragraph.
.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright <<:> 2002 National Society of Professional Engineers for EJCnc. All rights reserved.
00700 - 40
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ARTICLE 16 - DISPUTE RESOLUTION
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16.01 Methods and Procedures
I
A. Either Owner or Contractor may request
mediation of any Claim submitted to Engineer for a
decision under Paragraph 10.05 before such decision
becomes final and binding. The mediation will be
governed by the Construction Industry Mediation Rules
of the American Arbitration Association in effect as of the
Effective Date of the Agreement. The request for
mediation shall be submitted in writing to the American
Arbitration Association and the other party to the
Contract. Timely submission of the request shall stay the
effect of Paragraph 10.05.E.
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B, Owner and Contractor shall participate in the
mediation process in good faith. The process shall be
concluded within 60 days of filing of the request. The
date of termination of the mediation shall be determined
by application of the mediation rules referenced above.
r-,
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C. If the Claim is not resolved by mediation,
Engineer's action under Paragraph 10.05.C or a denial
pursuant to Paragraphs 10.05.C.3 or 1O.05.D shall become
final. and biilding--30 days after termination of the
mediation unless, within that time period, Owner or
Contractor:
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I. elects in wntmg to invoke any dispute
resolution process provided for in the Supplementary
Conditions, or
...,
2. agrees with the other party to submit the
Claim to another dispute resolution process, or
.
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3. gives written notice to the other party of their
intent to submit the Claim to a court of competent
jurisdiction.
.
n
. ARTICLE 17 - MISCELLANEOUS
..,
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17.01 Giving Notice
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A. Whenever any provIsIon of the Contract
Documents requires the giving of written notice, it will be
deemed to have been validly given if:
,.,
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I. delivered in person to the individual or to a
member of the firm or to an officer of the corporation for
whom it is intended, or
2. delivered at or sent by registered or certified
mail, postage prepaid, to the last business address known
to the giver of the notice.
17.02 Computation of Times
A. When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If
the last day of any such period falls on a Saturday or
Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day will be omitted from the
computation.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto are in addition to, and are
not to be construed in any way as a limitation of, any
rights and remedies available to any or all of them which
are otherwise imposed or available by Laws or Regula-
tions, by special warranty or guarantee, or by other
provisions of the Contract Documents. The provisions of
this Paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with
each particular duty, obligation, right, and remedy to
which they apply.
17.04 Survival of Obligations
A. All representations, indemnifications, warran-
ties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all
continuing obligations indicated in the Contract Docu-
ments, will survive final payment, completion, and
acceptance of the Work or termination or completion of
the Contract or termination of the services of Contractor.
17.05 Controlling Law
A. This Contract is to be governed by the law of
the state in which the Project is located.
17.06 Headings
A. Article and paragraph headings are inserted
for convenience only and do not constitute parts
of these General Conditions.
.-.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 41
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SECTION 00800
I
FIRST AMENDED SUPPLEMENTARY CONDITIONS
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The following supplements modify, change from or add to the Standard General Conditions
of the Construction Contract, EJCDC Document 1910-8, 1996 Edition. Where any Article
of the General Conditions is modified or any Paragraph, Subparagraph or Clause thereof is
modified or deleted by these supplements, the unaltered provisions shall remain in effect.
'"1
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ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
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Add the following sentence to Paragraph 1.01.28 entitled "Notice of Award":
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"When requested by OWNER, the Notice of Award may be issued by the
ENGINEER."
Add the following sentence to Paragraph 1.01.29 entitled "Notice to Proceed":
.,
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"When requested by OWNER, the Notice to Proceed may be issued by
ENGINEER."
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Add the following terms after Paragraph 1,01 50:
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1.51 ARCHITECT/ENGINEER - The person, firm or corporation named as the
ENGINEER in the Agreement.
.
1.52 Provide - As used in the Project Manual, means to furnish and install,
complete and ready for intended use.
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1.53 Product - As used in the Project Manual, includes materials,
fabrications, systems and equipment.
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1.54 Project Manual - The volume of written construction documents,
including the Bidding Documents, sample forms, and the Contract
Documents, such as the Conditions of the Contract and the Specifications.
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1.55 Retainage - The percentage of the Contract Price, retained by Owner
from the progress payments to the Contractor for Work performed until the
Work is completed. It shall be payable to Contractor in accordance with the
Contract Documents.
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ARTICLE 2 - PRELIMINARY MATTERS
.
Add the following to Paragraph 2.01 :
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"If the Work is to be commenced prior to execution of the Agreement in
response to a letter of intent, CONTRACTOR shall, prior to commencement
......
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09/09
00800-1
03-4122.F
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of the Work, submit evidence satisfactory to OWNER that such bonds will be
furnished. "
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In the first line of Paragraph 2.02. change the term" ...ten..." to read:
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"...six(6l..." .
Delete Paragraph 2.03. and replace with the following:
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"The date of commencement of the Work is the date established in a Notice
to Proceed."
Add the following to Paragraph 2.05.:
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B. CONTRACTOR shall perform no portion of the Work at any time without
Contract Documents or, where specified, approved Shop Drawings for such
portion of the Work.
C. By executing the Contract, CONTRACTOR represents that he has visited
the site, familiarized himself with the local conditions under which the Work
is to be performed, and correlated his observations with the requirements of
the Contract Documents."
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ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
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Add the following to Paragraph 3.02.A.:
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"3. Sections of Division One - General Requirements govern the execution
of all sections of the Specifications."
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ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND
PHYSICAL CONDITIONS; REFERENCE POINTS
.
In Paragraph 4.02.A., change the term" ...Supplementary Conditions..." to read:
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"...bidding requirements...".
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In Paragraph 4.02.B., change the term "Supplementary Conditions..." to read:
"...bidding requirements...".
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ARTICLE 5 - BONDS AND INSURANCE
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In the first line of Paragraph 5.04., following the word "...insurance...", insert the words:
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"... with a company or companies licensed to do business in the State of
Florida,..." .
In the last line of Paragraph 5.04.A.6., following the word" ...vehicle.", insert the words:
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09/09
00800-2
03-4122.F
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"..., or arising out of operation of laws and regulations for damages because
of bodily injury or death of any person or for damage to property."
Add the following after Paragraph 5.04.B.7.:
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8. Include all major divisions of coverage and be on a comprehensive basis
including:
II
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i.
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II.
iii.
iv.
v.
vi.
VII.
,..,
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Premises Operations (including X, C, and U coverages as
applicable) .
Independent contractor's Protective.
Products and Completed Operations.
Personal Injury Liability with Employment Exclusion deleted.
Contractual Liability.
Owned, non-owned and hired motor vehicles.
Broad Form property Damage including Completed Operations.
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9. Provide coverage for not less than the following amounts.
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a.
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b.
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09/09
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Workers' Compensation, etc.
under paragraphs 5.4.1 and
5.4.2:
1 .
State
Including employers
liability limits $1,000,000
each accident,
$1,000,000 disease policy
limit, $1,000,000 disease
each employee
Statutory
2.
Applicable Federal
(e.g. Longshoreman's and/or Maritime)
3.
Employer's Liability
$ 1,000,000.00
Contractor's Liability Insurance under
Article 5.4, which shall also include
completed operations and product
liability coverages and eliminate the
exclusion with respect to property
under the care, custody and control of
custody and control of Contractor:
1 .
General Aggregate (Except Products -
Completed Operations)
$ 1,000,000.00
2.
Products
Aggregate
Completed Operations $ 1,000,000.00
00800-3
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3. Personal and Advertising Injury (Per $ 1,000,000.00
Person/Organization)
4. Each Occurrence (Bodily Injury and $ 1,000,000.00
Property Damage)
5. Property Damage liability insurance will $ 1,000,000.00
provide Explosion, Collapse and
Underground coverages where
applicable.
6.
Professional Liability,
Omissions insurance for
engineers and other
professionals
Errors &
architects,
consulting
$ 1,000,000.00
7..
Excess Liability
General Aggregate
Each Occurrence
$ 1,000,000.00
$ 1,000,000.00
8.
Professional Liability Insurance, as it
applies
$ 1,000,000.00
c.
Automobile Liability under paragraph
5.4.6:
Bodily Injury:
Each Person
Each Accident
$ 1,000,000.00
$ 1,000,000.00
1 .
Property Damage:
Each Occurrence
$ 1,000,000.00
OR
2.
Bodily Injury and Property Damage
Combined Single Limit:
Each Occurrence
Aggregate
$ 1,000,000.00
$ 5,000,000.00
d. Additional liability coverage for OWNER and ENGINEER shall be provided by
endorsement as additional insureds on Contractor's General Liability Policy.
Add the following names:
OWNER -
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
00800-4
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ENGINEER -
James E. Spinks 111, P.E.,
P.E. No. 66775
Calvin Giordano & Associates
1800 Eller Drive, Suite 600
Fort Lauderdale, Florida 33316
(954) 921-7781
L1VS Associates
21 21 Ponce de Leon Blvd., Suite 610
Coral Gables Florida 33134
10.
The additional liability coverage for ENGINEER is not to be construed
as to requiring, in any way, that either OWNER or CONTRACTOR be
obligated to supply insurance protecting ENGINEER for its liability
emanating from professional errors or omissions.
In conformance with the requirements of Section 725.06, Florida
Statutes, the specific considerations for CONTRACTOR's promises
are:
11
b.
One dollar ($1.00) in hand paid by OWNER, ENGINEER, and
ENGINEER's employees to CONTRACTOR, receipt whereof is hereby
acknowledged and the adequacy of which CONTRACTOR accepts as
completely fulfilling the obligations of OWNER, ENGINEER, and
ENGINEER's employees under the requirements of Section 725.06,
Florida Statutes, and;
The entry of OWNER and CONTRACTOR into the construction
contract because, but for CONTRACTOR's promises as contained in
the General Conditions, OWNER would not have entered into the
construction contract with CONTRACTOR."
Add the following after Paragraph 5.06.E:
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"F. The form of policy for this coverage shall be Completed Value.
G. If, under the provisions of this insurance, there are mandatory
deductibles, or if OWNER elects to increase the mandatory deductibles or
purchase this insurance with voluntary deductible amounts, then OWNER
shall be responsible for payment of the full amount of the deductible in the
event of a paid claim."
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Delete Paragraph 5.07 in its entirety.
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ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
Add the following after Paragraph 6.05.F:
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"G. The use of asbestos or asbestos-based fiber materials is prohibited In
this Project."
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Add the following after Paragraph 6.08:
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"6.08.A. The OWNER will secure and pay for only the following
governmental charges and inspection fees:
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a. special assessments,
b. capital connection fees,
c. threshold and special inspection fees,
d. permanent utility meter installation fees,
e. permanent utility hook-up fees, and
f. impact fees.
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6.08.B. CONTRACTOR shall pay for all building permits and charges of
utility owners for connections to the Work, and OWNER will pay charges of
such utility owners for capital costs related thereto such as plant investment
fees."
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Add the following after the last sentence in Paragraph 6.10:
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In accordance with Exhibit A hereto, entitled Tax Exemption Agreement to
Contract, the Owner may directly purchase all materials and equipment
identified in the Contract Documents for incorporation into the Project
("Owner-Provide Materials").
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Delete the last sentence of Paragraph 6.12. and substitute the following:
.....
"These shall be available to ENGINEER for examination during construction
and shall be delivered "to ENGINEER for OWNER upon Substantial
Completion of the Work."
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At the end of Paragraph 6. 13.B, add the following sentences:
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"The Occupational Safety and Health Administration excavation safety
standards, 29 CFR 1926.650 Subpart P trench safety standards are in effect
during the period of construction of the Project. In compliance with current
State of Florida statutes, the Contractor or subcontractor performing trench
excavation work on the Project shall comply with the applicable trench
safety standards."
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In the sixth line of Paragraph 6.20.A., change the parenthetical insert to read as follows:
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"...(including but not limited to fees and charges of ENGINEER, other
engineers, architects, attorneys and other professionals, particularly
including, but not limited to reasonable ENGINEER's attorney's fees, and
court costs)...".
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00800-6
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ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION
~
. Change the first sentence of Paragraph 9.01.A. to read as follows:
r"'1 "If OWNER and ENGINEER agree, ENGINEER will be OWNER's representative
. during the construction period."
.., ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
.
Add the following:
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"10.06. Without invalidating the agreement, Owner may, at any time
execute appropriate Change Orders for additions and/or deletions in the work
of up to 25% of the total contract amount, without a change in the contract
unit prices bid."
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ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
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Delete13.03.B.and replace with:
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"AIl testing shall be paid for by the Contractor."
Add the following sentence to Paragraph 13.07.A.:
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"Specific and special warranties specified in the Contract Documents are in
addition to, and not in lieu of, the contractors general warranty.
CONTRACTOR shall not be relieved of general warranty obligations by the
specification of specific products or procedures."
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13.09. In the first sentence of the paragraph OWNER, change the first line from "If
Contractor fails within a reasonable time after written notice of Engineer..." to read:
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"If Contractor fails within ten (10) calendar days after written notice of
Engineer..."
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ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
r"1
In the first sentence of Paragraph 14.02.A.1., change the phrase "At least twenty days
before each progress payment is scheduled (but not more often than once a month), ..." to
read:
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"By no later than the first day of the month, ...".
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Following Paragraph 14.02.A.3 add:
4.
An original Partial Release of Lien is required from the General
Contractor along with the application for Payment No. 1 and for each
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00800- 7
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subsequent application thereafter. For each application for payment
(excluding Application No.1) the Contractor shall submit with the
application Partial Releases of Liens for all Notice to Owners that have
been received for the project by the Owner and Engineer".
With each Application for Payment, the Contractor shall submit
supporting records and other evidence, in a form and amount
acceptable to the City and the Engineer, to demonstrate the expenses
incurred and the Work performed. This shall include, but not be
limited to documentation related to the purchase of Owner-Provided
Material and the reduction in the Contract Sum as a result of such
expenditures.
Each application for Payment shall be based on the most recent
schedule of values submitted by Contractor in accordance with the
Contract Documents. The schedule of values shall allocate the entire
guaranteed maximum Contract Price among the various portions of
the Work, except that the Contractor's Fee shall be shown as a
separate item. The schedule of values shall be prepared in such form
and supported by such data to substantiate its accuracy as the
Engineer may require. This schedule, unless objected to by the
Engineer, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
Applications for payment shall show the percentage of completion of
each portion of the Work as of the end of the period covered by the
Application for Payment. The percentage of completion shall be the
lesser of: (1) the percentage of that portion of the Work which has
actually been completed; or (2) the percentage obtained by dividing
(a) the expense that has actually been incurred by the Contractor on
account of that portion of the Work for which the Contractor has
made or intends to make actual payment prior to the next Application
for Payment by (b) the share of the Contract Price allocated to that
portion of the Work in the schedule of values.
Subject to the provisions of the Contract Documents, the amount of
progress payments shall be computed as follows:
take that portion of the Contract Price properly allocable to the
computed Work as determined by multiplying the percentage
of completion of each portion of the Work in the schedule of
values. Pending final determination of the costs to the Owner
of changes in the Work, amounts not in dispute shall be
included in the Application for Payment along with Change
Order, Work Change Directive or Written Amendment
indicating the parties' agreement with all or part of such costs
for additional Work.
add the portion of the Contract Price properly allocable to
materials and equipment delivered and suitably stored at the
site for subsequent incorporation in the Work, or, if approved
in advance by Owner, suitably stored off-site at a location
agreed upon in writing.
00800-8
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c)
add the Contractor's Fee, less the ten percent (10%)
Retainage. The Contractor's Fee shall be computed upon the
Cost of the Work described in the preceding clauses at the rate
in accordance with Paragraph 11 .01.C or, if the Contractor's
Fee is stated as a fixed sum, then it shall be an amount that
bears the same ratio to that fixed-sum fee as the Cost of the
Work in the two preceding clauses bears to a reasonable
estimate of the probable Cost of Work upon completion.
subtract the aggregate of the previous payments made by the
Owner;
subtract the shortfall, if any, indicated by the Contractor in the
supporting records and other evidence as mutually agreed
between the Owner or Engineer and Contractor to demonstrate
expenditures incurred to substantiate prior Applications for
Payment, or resulting from errors subsequently discovered by
Owner, or designee;
subtract the amounts, if any, for which the Architect has
withheld or nullified Certificate for Payment in accordance with
the provisions of the Contract Documents."
d)
e)
f)
In Paragraph 14.02.B., change the beginning of the sentence:from "Ten days..." to read:
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"Forty-five days...".
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In Paragraph 14.02.C.1, insert the following:
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2.
3.
4.
5.
6.
The Contractor shall promptly pay each subcontractor, upon receipt of
payment from the Owner, out of the amount paid to the Contractor on
account of such Subcontractor's portion of the Work, the amount to
which said Subcontractor is entitled, reflecting percentages actually
retained from payments to the Contractor on account of such
Subcontractor's portion of the Work. The Contractor shall, by
appropriate agreement with each Subcontractor, require each
Subcontractor to make payments to Subsubcontractors, if such
Subsubcontractors are permitted by the Contract Documents, to make
payments to Subsubcontractors in the same manner.
Neither the Owner nor the Engineer shall have an obligation to payor see
to the payment of money to a Subcontractor, except as provided by law.
Payment by Contractor to material suppliers shall be treated in the
manner as provided in Paragraph 14.02.C.2.
Except with the Owner's prior approval, payments to Subcontractors
shall be subject to Retainage of not less than ten percent (10 %). The
Owner and the Contractor shall agree upon a mutually acceptable
procedure for review and approval of payments and retention for
Subcontractors.
Upon mutual agreement by Owner and Contractor, payment in full may
be made to those Subcontractors whose Work is fully completed during
the early stages of the Project. Notwithstanding Paragraphs 14.02.A.8
00800-9
03-4122.F
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and 14.02.C.5 above, at such times as the Work as set forth in the
schedule of values has been 50% completed, and upon mutual
agreement of the Owner and Contractor, no further Retainage shall be
withheld from progress payments with respect to such portion of the
Work. Agreement as to any such reduction in retained amounts will not
constitute a waiver of or otherwise prejudice the Owner's right to
subsequently reinstate full retainage, as to that subcontractor, should
circumstances justify such action in the Owner's sole judgment.
Upon Substantial Completion of the entire Work of the Contractor, a
sum, sufficient to increase payments to the Contractor to one hundred
percent (100%) of the Contract Sum, less amounts, if any for incomplete
Work and unsettled claims, shall be paid to Contractor with the next
sequential payment application after Substantial Completion is obtained.
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Delete Paragraph 14.05 and replace with the following:
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A. The Owner may occupy or use any completed or partially completed
portion of the Work at any stage when such portion is designated by
separate agreement with the Contractor, provided such occupancy or use
is cOlJsen~d by the insurer, in accordance with Paragraph 5.06.A.5 and
as authorized by public authorities having jurisdiction over the Work.
Such partial occupancy or use may commence whether or not the portion
is substantially complete, provided Owner and Contractor have accepted
in writing the responsibilities assigned to each of them for payments,
Retainage, if any, security, maintenance, heat, utilities, damage to Work
and insurance, and have agreed in writing concerning the period for
correction of Work and commencement of warranties required by the
Contract Documents. When the Contractor considers a portion
substantially complete, the Contractor shall prepare and submit a
comprehensive list to the Engineer of the items to be completed or
corrected prior to final payment. The Failure to include an item on such
list does not alter the responsibility of the Contractor to complete all
Work in accordance with the Contract Documents. Consent of the
Contractor to partial occupancy or use shall not be unreasoanbaly
withheld. The stage of the progress of the Work shall be determined by
written agreement between the Owner and the Contractor, or if no
agreement is reached, by decision of the Engineer.
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B. Immediately or prior to such partial occupancy or use, the Owner,
Contractor, and Engineer shall jointly inspect the area to be occupied or
the portion of the Work to be used in order to determine and record the
condition of the Work.
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C. Unless otherwise agreed upon, partial occupancy or use of a portion or
portions of the Work shall not constitute acceptance of the Work not
complying with the Contract Documents."
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After the last sentence in Paragraph 14.04.B, insert the following:
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00800-10
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"C. Once 1) the definitive certificate of completion has been issued to the
Owner and the Contractor and 2) once consent of the surety, if any, has
been obtained, the Owner shall make payment of Retainage applying to
such Work or designated portion thereof. Such payment shall be
adjusted for Work that is incomplete or not in accordance with the
requirements of the Contract Documents."
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After the last sentence in the Paragraph 14.04.B, insert the following:
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"Final payment, constituting the entire unpaid balance of the Contract Price,
shall be made by the Owner to the Contractor when the Contractor has fully
performed the Contract except for Contractor's responsibility to correct
Work as provided in Paragraphs 13.06 and 13.07, and to satisfy other
requirements, if any, which extend beyond final payment and after the
Engineer sends written notice to Owner that the Work is acceptable and in
accordance with Paragraphs 14.07.B and 14.07.C."
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Delete Paragraph 14.07.A.2 and 14.07.A.3 insert the following:
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"The final Application for Payment shall be accompanied (except as
previously delivered) by: (1) an affidavit that payrolls, bills for materials and
equipment, and other indebtedness connected with the Work for which the
Owner or the Owner's property might be responsible or encumbered (less
amounts withheld by Owner) have been paid or otherwise been satisfied, (2)
a certificate evidencing that insurance required by the Contract Documents
to remain in force after final payment is currently in effect and will not be
canceled or allowed to be expired until at least 30 days' prior written notice
has been given to the Owner, (3) a written statement that the Contractor
knows of no substantial reason that the insurance will not be renewable to
cover the period required by the Contract Documents, (4) consent of the
surety, if any, to final payment, and (5) if required by the Owner, other data
establishing payment or satisfaction of obligations, such as receipts,
releases, and waivers of liens, claims, security interests of encumbrances
arising out of the Contract, including releases from all subcontractors and
others that supplied materials and services in this project, to the extent and
in such form as may be designated by the Owner, (6) all documentation as
required by the Contract Documents, and (7) acceptance by the Owner and
governing agencies. If a Subcontractor refuses to furnish a release or waiver
required by the Owner, the Owner may require that the Contractor furnish a
bond or other collateral satisfactory to the Owner to indemnify the Owner
against such lien. If such lien remains unsatisfied after payments are made,
the Contractor shall refund to the Owner all money that the Owner may be
compelled to pay in discharging the lien, including all reasonable attorneys'
fees and costs. The final payment will become due when the Contractor
submits the information above to the Engineer."
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ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
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In the twentieth line of Paragraph 15.02.B., insert the following after the words...such
excess...; ":
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(including but not limited to fees and charges of ENGINEER, other engineers,
architects, attorneys and other professionals, particularly including, but not limited
to reasonable Engineer's attorney's fees, and court costs)...".
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ARTICLE 16 - DISPUTE RESOLUTION
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Delete this Article in its entirety.
ARTICLE 17 - MISCELLANEOUS
..,
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Add 17.05.B:
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"The venue for any cause of action shall be Miami-Dade County., Florida"
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After Article 17 add the following article:
ARTICLE 18 - OWNER-PROVIDED MATERIALS
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The Contractor and Owner desire to enter into an arrangement whereby certain purchases
under the Contract may be made by the Owner as a result of Owner's status of being
exempt from sales and use tax.
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1. Notwithstanding anything in the Contract to the contrary, the Owner shall directly
purchase all materials and equipment identified in the Contract Documents as
required for incorporation into the Project ("Owner-Provided Materials"). The Owner
does hereby grant to the Contractor the full authority as an agent of the Owner to
prepare, place and execute Purchase Orders for and in the name of the Owner for
all Owner-Provided Materials. The Contractor as agent of the Owner shall sign such
Purchase Orders.
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2. The Owner will be liable for the timely payment for all Owner-Provided Materials.
The Contractor will submit requisitions for orders of Owner-Provided Materials to
the Owner for approval when required. Vendors will render statements ("OPM
Invoices") to the Owner for any Owner-Provided Materials purchased. The Owner
will provide copies of all OPM Invoices to the Contractor upon approval by the
Owner. After reviewing the OPM Invoices, the Contractor will return these OPM
Invoices with proper back up to the Owner for payment. The Owner shall make
payment directly to the respective vendors as provided in the OPM Invoices. The
Owner will send such vendor payments along with Contractor payment to the
Contractor who will, as Owner's agent, distribute such vendor payments to the
respective vendors in return for Releases of Lien. The Owner will provide Contractor
with any tax exemption certificates or other documents required or useful to provide
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to the vendors of Owner-Provided Materials to evidence the tax-exempt status of
the Owner.
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3. The Contract Price and shall be reduced by the sum of all Costs of the Work paid by
the Owner for Owner-Provided Materials plus any applicable sales and use tax
amounts initially included in the Contract Sum and GMP for such Owner-Provided
Materials.
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4. The Contractor shall maintain separate accounting records for all transactions
carried out under the authority of this Agreement. Such records shall be open to the
Owner during normal business hours of the Contractor.
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5. The Contractor shall select, obtain approvals, submit samples, price shop drawings,
pursue, receive, inspect, and accept or reject all Owner-Provided Materials
purchased in the manner described herein per the Contract. The Contractor shall
remain responsible for the proper installation of all Owner-Provided Materials and
will continue to warrant its installation of these Owner-Provided Materials as
provided in the Contract. This Agreement will not be an acceptable excuse for delay
to the construction schedule.
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6. The authority granted the Contractor hereunder may be revoked by the Owner at
any time upon written notice delivered to the Contractor at its offices
at:i~~:W;C:f:l~~"'~"~'l.~'~ during normal business hours.
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7. The Owner agrees that the Contractor's Fee as set forth in the Contract shall not be
reduced as a result of any Owner-Provided Materials deduct change orders; i.e., the
Contractor's Fee shall continue to apply to the total sum of all remaining Costs of
the Work plus the costs of all Owner-Provided Materials and plus the applicable tax
amounts. Likewise, all agreed charging rates based on the Contract Price, including
without limitation for bonds and insurance, shall continue to be charged based on
the total sum of the Contract Price amount plus the costs of all Owner-Provided
Materials and plus the applicable tax amounts."
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END OF DOCUMENT
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IN WITNESS WHEREOF, the parties hereto have made and executed this First
Amended Supplemental Conditions on the respective dates under each signature: City of
Sunny Isles Beach through its City Commission, signing by and through its Mayor,
authorized to execute same by Commission action on the day of
_; and CONTRACTOR authorized to execute same.
"
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CITY OF SUNNY ISLES BEACH, through its
City Commission
ATTEST:
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By:
Norman S. Edelcup, Mayor
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_day of
,2009
.
Jane Hines, City Clerk
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Approved as to form and legality by
Office of the City Attorney
By:
Rick Conner, City Manager
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_day of
,2009
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By:
Hans Ottinot, City Attorney
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ATTEST:
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By
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[CORPORATE SEAL]
[CORPORATE SEAL]
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Address for giving notices
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License No.
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Agent for service of process
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(If CONTRACTOR is a corporation, attached
evidence of authority to sign).
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_day of
09/09
,2009
(CITY SEAL)
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00800-14
03-4122.F
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09/09 00800-1 5 03-4122.F
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SECTION 00810
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ADDITIONAL SUPPLEMENTAL CONDITIONS
FEDERAL LABOR STANDARDS PROVISIONS
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(Davis-Bacon Act, Copeland Act, and Contract Works Hours & Safety Standards
Act)
The Project to which the construction work covered by this contract pertains is being
assisted by the United States of America and the following Federal Labor Standards
Provisions are included in this Contract pursuant to the provisions applicable to such
Federal assistance.
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A.1.( I) Minimum Wages. All laborers and mechanics employed or working upon the
site of the work (or under the United States Housing Act of 1937 or under the
Housing Act of 1949 in the construction or development of the project), will be paid
unconditionally and not less often than once a week, and without subsequent
deduction or rebate on any account (except such payroll deductions as are permitted
by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR
Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents
thereofyaiJe at tiffl€ 6fpaynfentcompufe-d-atratesn6f less than those containea in
the wage determination of the Secretary of Labor which is attached hereto and made
a part hereof, regardless of any contractual relationship which may be alleged to
exist between the contractor and such laborers and mechanics. Contributions made
or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of
the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid
to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1 )(iv);
also, regular contributions made or costs incurred for more than a weekly period (but
not less often than quarterly) under plans, funds, or programs, which cover the
particular weekly period, are deemed to be constructively made or incurred during
such weekly period.
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Such laborers and mechanics shall be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification of work actually performed,
without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or
mechanics performing work in more than one classification may be compensated at
the rate specified for each classification for the time actually worked therein;
provided, that the employer=s payroll records accurately set forth the time spent in
each classification in which work is performed. The wage determination (including
any additional classification and wage rates conformed under 29 CFR Part
5.5(a)(1 )(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by
the contractor and its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
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(ii) (a) Any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the contract shall be classified in
conformance with the wage determination. EPA shall approve an additional
classification and wage rate and fringe benefits; therefore, only when the following
criteria have been met:
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(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
(b) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and EPA or its designee agree on
the classification and wage rate (including the amount designated for fringe benefits
where appropriate), a report of the action taken shall be sent by EPA or its designee
to the Administrator of the Wage and Hour Division, employment Standards
Administration, U. S. Department of Labor, Washington, D. C. 20210. The
Administrator, or an authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt and so advise EPA or
its designee or will notify EPA or its designee within the 30-day period that additional
time is necessary. (Approved by the Office of Management and Budget under OMB
control number 1215-0140.)
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( c) In the event that the Contractor, the laborers or mechanics to be employed in the
Classification or their representatives, and EPA or its designee do not agree on the
proposed-classification ana wage rate-(including tlie amount designed for fringe
benefits, where appropriate), EPA or its designee shall refer the questions, including
the views of all interested parties and the recommendation of EPA or its designee, to
the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise
EPA or its designee or will notify EPA or its designee within the 30-day period that
the additional time is necessary. (Approved by the Office of Management and
Budget under OMB Control Number 1215-0140.)
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(d) The wage rate (including fringe benefits where appropriate) determined pursuant
to subparagraphs (1)(b) or ( c) of this paragraph, shall be paid to all workers
performing work in the classification under this contract from the first day on which
work is performed in the classification.
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(iii) Whenever the minimum wage rate prescribed in the contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an hourly
rate, the contractor shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the
contractor may consider as part of the wages of any laborer or mechanic the amount
of any costs reasonably anticipated in providing bona fide fringe benefits under a
plan or program. Provided, that the Secretary of Labor has found, upon the written
request of the contractor, that the applicable standards of the Davis-Bacon Act have
been met. The Secretary of Labor may require the contractor to set aside in a
separate account assets for the meeting of obligations under the plan or program.
(Approved by the Office of Management and Budget under OMB Control Number
1215-0140.)
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2. Withholding. EPA or its designee shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or
cause to be withheld from the contractor under this contract or any other federal
contract with the same prime contractor, or any other Federally-assisted contract
subject to Davis-Bacon prevailing wage requirements, which is held by the same
prime contractor so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices,
trainees and helpers employed by the contractor or any subcontractor the full
amount of wages required by the contract. In the event of failure to pay any laborer
or mechanic, including any apprentice, trainee or helper, employed or working on the
site of the work (or under the United States Housing Act of 1937 or under the
Housing Act of 1949 in the construction or development of the project), all or part of
the wages required by the contract, EPA, or its designee may, after written notice to
the contractor, sponsor, applicant, or owners, take such action as may be necessary
to cause the suspension of any further payment, advance, or guarantee of funds
until such violations have ceased. EPA or its designee may, after written notice to
the contractor, disburse such amounts withheld for and on account of the contractor
or subcontractor to the respective employees to whom they are due. The
Comptroller General shall make such disbursements in the case of direct Davis-
Bacon Act contracts.
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3.( i) Payrolls and Basic Records. Payrolls and basic records relating thereto shall
be maintained by the contractor during the course of the work preserved for a period
of three years thereafter for all laborers and mechanics working at the site of the
work (or under the United States Housing Act of 1937, or under the Housing Act of
1949, in the construction or development of the project). Such records shall contain
the name, address, and social security number of each such worker, his or her
correct classification, hourly rates of wages paid (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash equivalents thereof of the
types described in Section 1 (b)(2)(B) of the Davis-Bacon Act), daily and weekly
number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1 )(iv) that the wages of any
laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in Section 1 (b)(2)(B) of the
Davis-Bacon Act, the contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been communicated in
writing to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain written
evidence of the registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and the ratios and wage
rates prescribed in the applicable programs. (Approved by the Office of Management
and Budget under OMB Control Numbers 1215-0140 and 1215-0017).
(ii)(a) The contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to EPA or its designee if the agency is a party to the
contract, but if the agency is not such a party, the contractor will submit the payrolls
to the applicant, sponsor, or owners, as the case may be, for transmission to EPA or
its designee. The payrolls submitted shall set out accurately and completely all of the
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information required to be maintained under 29 CFR Part 5.5(a)(3)(I). This
information may be submitted in any form desired. Optional Form WH-347 is
available for this purpose and may be purchased from the Superintendent of
Documents (Federal Stock Number 029-005-00014-1), U. S. Government Printing
Office, Washington, DC 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors. (Approved by the Office of
Management and Budget under OMS Control Number 1215-0149).
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(b) Each payroll submitted shall be accompanied by a Statement of Compliance,
signed by the contractor or subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the contract and shall certify the
following:
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(1) That the payroll for the payroll period contains the information required to be
maintained under 29 CFR Part 5.5 (a)(3)(1) and that such information is correct and
complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly, and that no deductions
have been made either directly
or-indirectlifrom"the full wages earned, other than permissible deductions as set
forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage
rates and fringe benefits or cash equivalents for the classification of work performed,
as specified in the applicable wage determination incorporated into the contract.
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( c) The weekly submission of a properly executed certification set forth on the
reverse side of Option Form WH-347 shall satisfy the requirement for submission of
the Statement of Compliance required by paragraph A. 3(ii)(b) of this section.
(d) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and
Section 231 of Title 31 of the United States Code.
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(Hi) The contractor or subcontractor shall make the records required under paragraph
A.3(1) of this section available for inspection, copying, or transcription by authorized
representatives of EPA or its designee or the Department of Labor, and shall permit
such representatives to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to make them
available, EPA or its designee may, after written notice to the contractor, sponsor,
applicant, or owner, take such action as may be necessary to cause the suspension
of any further payment, advance, or guarantee of funds. Furthermore, failure to
submit the required records upon request to make such records available may be
grounds for debarment action pursuant to 29 CFR Part 5.12.
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4.( i) Apprentices and Trainees.
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(i) Apprentices. Apprentices will be permitted to work at less than the predetermined
rate for the work they performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship program registered with the U.
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S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State Apprenticeship Agency recognized by
the Bureau, or if a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate)
to be eligible for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be
greater than the ratio permitted to the contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage rate, who
is not registered or otherwise employed as stated above, shall be paid not less than
the applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any apprentice performing work on the job site in
excess of the ratio permitted under the registered program, shall be paid not less
than the applicable wage rate on the wage determination for the work actually
performed. Where a contractor is performing construction on a project in a locality
other than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman=s hourly rate) specified in the
contractor's or subcontractor's registered program shall be observed. Every
apprentice must be. pajd atnptless than the r~t~ specified in the registereq program
for the apprentice's level of progress, expressed as a percentage of the journeymen
hourly rate specified in the applicable wage determination. Apprentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If
the apprenticeship program does not specify fringe benefits, apprentices must be
paid the full amount of fringe benefits listed on the wage determination for the
applicable classification. If the Administrator determines that a different practice
prevails for the applicable apprentice classification, fringes shall be paid in
accordance with the determination. In the event the Bureau of Apprenticeship and
Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws
approval of an apprenticeship program, the contractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a program which has received
prior approval, evidenced by formal certification by the U. S. Department of Labor,
Employment and Training Administration. The ratio of trainees to journeymen on the
job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at not less than
the rate specified in the approved program for the trainee=s level of progress,
expressed as a percentage of the journeyman hourly rate specified in the applicable
wage determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division determines
that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full
fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate
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who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable
wage rate on the wage determination for the work actually performed. In addition,
any trainee performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the event the Employment and
Training Administration withdraws approval of a training program the contract will no
longer be permitted to utilize trainees at less than the applicable predetermined rate
for the work performed until an acceptable program is approved.
(Hi) Equal Employment Opportunity. The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part
30.
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5. Compliance with Copeland Act Requirements. The contractor shall comply with
the requirements of 29 CFR Part 3 which are incorporated by reference in this
contract.
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6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the
clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses a~ EPA
or its designee may by appropriate Instructions require, and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contract shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in 29 CFR Part 5.5.
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7. Contract Termination, Debarment. A breach of the contract clauses in 29 CFR
5.5 may be grounds for termination of the contract and for debarment as a contractor
and a subcontractor as provided in 29 CFR 5.12.
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8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3
and 5 are herein incorporated by referenced in this contract.
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9. Disputes Concerning Labor Standards. Disputes arising out of the labor
standards provisions of this contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7.
Disputes within the meaning of this clause include disputes between the contractor
(or any of its subcontractors) and EPA or its designee, the U. S. Department of
Labor, or the employees or their representatives.
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10.( i) Certification of Eligibility. By entering into this contract, the contractor
certifies that neither it (nor he or she) nor any person or firm who has an interest in
the contractor=s firm is a person or firm ineligible to be awarded Government
contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to
be awarded EPA contracts or participate in EPA programs pursuant to Executive
Order 12549.
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(ii) No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or
29 CFR 5.12(a)(1) or to be awarded EPA contracts or participate in EPA programs
pursuant to Executive Order 12549.
(iii) The penalty for making false statements is prescribed in the U. S. Criminal Code,
18 U. S. C. 1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U. S. C.,
Federal Housing Administration transactions, provides in part Whoever, for the
purpose of. . .influencing in any way the action of such Administration. . .makes,
utters or publishes any statement, knowing the same to be false. . .shall be fined not
more than $5,000 or imprisoned not more than two years, or both.
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11. Complaints, Proceedings, or Testimony by Employees. No laborer or
mechanic to whom the wage, salary, or other labor standards provisions of this
contract are applicable shall be discharged or in any other manner discriminated
against by the contractor or any subcontractor because such employee has filed any
complaint or instituted or caused to be instituted any proceeding or has testified or is
about to testify in any proceeding under or relating to the labor standards applicable
under this contract to his employer.
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B. Co_ntract '!V()rk Hour~ aQd Safety S~anctards ~ct. As used in the paragraph, the
terms laborers and mechanics include watchmen and guards.
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(1) Overtime requirements. No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of
forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in subparagraph (1) of this paragraph, the contractor
and any subcontractor responsible therefore shall be liable for the unpaid wages. In
addition, such contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or a territory, to
such District or to such territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in subparagraph
(1) of this paragraph, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of
forty hours without payment of the overtime wages required by the clause set forth in
subparagraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. EPA or its designee shall
upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on
account of work performed by the contractor or subcontractor under any such
contract or any other Federal contract with the same prime contract, or any other
Federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act I which is held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or
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subcontractor for unpaid wages and liquidated damages as provided in the clause
set forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of
this paragraph.
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C. Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings or under
working conditions which are unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety and health standards promulgated by
the Secretary of Labor by regulation.
(2) The contractor shall comply with all regulations issued by the Secretary of Labor
pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result
in imposition of sanctions pursuant to the Contract Work Hours and Safety
Standards Act (Public Law 91-54.83 State 96).
(3) The contractor shall include the provisions of this Article in every subcontract so
tl}at~~c~proyi~j9ns ,,!,ill pe binding on eacl'! s~QconJrac!or. The contractor shall take
such action with respect to any subcontract as the Secretary of Housing and Urban
Development or the Secretary of Labor shall direct as a means of enforcing such
provisions.
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11. Guidance to Contractor for Compliance with labor Standards Provisions
a) Contracts with Two Wage Decisions
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If the contract includes two wage decisions, the contractor, and each subcontractor
who works on the site, must submit either two separate payrolls (one for each wage
decision) or one payroll which identifies each worker twice and the hours worked
under each wage decision. One single payroll, reflecting each worker once, may be
submitted provided the Contractor uses the higher rate in the wage decisions for
each identical job classification.
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However, where a job classification is not listed in a wage decision and is needed for
that portion of the work, the classification must be added to the wage decision. A
worker may not be paid at the rate for a classification using the hourly rate for that
same classification in another wage decision. After the additional classification is
approved, the contractor may pay the higher of the two rates and submit one payroll,
if desired.
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b) Complying with Minimum Hourly Amounts
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1) The minimum hourly amount due to a worker in each classification is the total of
the amounts in the Rates and Fringe Benefits (if any) columns of the applicable
wage decision.
2) The contractor may satisfy this minimum hourly amount by any combination of
cash and bona fide fringe benefits, regardless of the individual amounts reflected in
the Rates and Fringe Benefits columns.
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3) A contractor payment for a worker which is required by law is not a fringe benefit
in meeting the minimum hourly amount due under the applicable wage decision. For
example, contractor payments for FICA or unemployment insurance are not a fringe
benefit; however, contractor payments for health insurance or retirement are a fringe
benefit. Generally, a fringe benefit is bona fide if (a) it is available to most workers
and (b) involves payments to a third party.
4) The hourly value of the fringe benefit is calculated by dividing the contractor=s
annual cost (excluding any amount contributed by the worker) for the fringe benefit
by 2080. Therefore, for workers with overtime, an additional payment may be
required to meet the minimum hourly wages since generally fringe benefits have no
value for any time worked over 40 hours weekly. (If a worker is paid more than the
minimum rates required by the wage decision, this should not be a problem. As long
as the total wages received by a worker for straight time equals the hours worked
times the minimum hourly rate in the wage decision, the requirement of the Davis-
Bacon and Related Acts has been satisfied.)
c) Overtime
For any project work over 40 hours weekly, a worker generally must be paid 150% of
the actual hourly cash rate received, not the minimum required by the wage
de_cision. (The Davis-Sacon aDd Relc:lted Act? only establishe? minir!1Um rates and
does not address overtime; the Contract Work Hours Act contains the overtime
requirement and uses basic rate of pay as the base for calculation, not the minimum
rates established by the Davis-Bacon and Related Acts.)
d) Deductions
Workers who have deductions, not required by law, from their pay must authorize
these deductions in writing. The authorization must identify the purpose of each
deduction and the amount, which may be a specific dollar amount or a percentage. A
copy of the authorization must be submitted with the first payroll containing the
deduction. If deducted amounts increase, another authorization must be submitted. If
deducted amounts decrease, no revision to the original authorization is needed.
Court-ordered deductions, such as child support, may be identified by the
responsible payroll person in a separate document. This document should identify
the worker, the amount deducted and the purpose. A copy of the court order should
be submitted.
e) Classifications Not Included in the Wage Decision
If a classification not in the wage decision is required, please advise the owner=s
representative in writing and identify the job c1assification(s) required. In some
instances, the State agency may allow the use of a similar classification in the wage
decision.
Otherwise, the contractor and affected workers must agree on a minimum rate,
which cannot be lower than the lowest rate for any trade in the wage decision.
Laborers (including any subcategory of the laborer classification) and truck drivers
are not considered a trade for this purpose. If the classification involves a power
equipment operator, the minimum cannot be lower than the lowest rate for any
power equipment operator in the wage decision. The owner will provide forms to
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document agreement on the minimum rate by the affected workers and contractor.
The U.S. Department of Labor (USDOL) must approve the proposed classification
and rate. The contractor may pay the proposed rate until the USDOL makes a
determination. Should the USDOL require a higher rate, the contractor must make
wage restitution to the affected worker(s) for all hours worked under the proposed
rate.
f) Supervisory Personnel
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Foremen and other supervisory personnel who spend at least 80% of their time
supervising workers are not covered by the Davis-Bacon and Related Acts.
Therefore, a wage decision will not include such supervisory classifications and their
wages are not subject to any minimums under the Davis-Bacon and Related Act or
overtime payments under the Contract Work Hours and Safety Standards Act.
However, foremen and other supervisory personnel who spend less than 80% of
their time engaged in supervisory activities are considered workers/mechanics for
the time spent engaged in manual labor and must be paid at least the minimum in
the wage decision for the appropriate classification(s) based on the work performed.
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g) Sole Proprietorships / Independent Contractors / Leased Workers
The nature of the relationship between a prime contractor and a worker does not
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affect the requirement to comply with the labor standards provisions of this contract.
The applicability of the labor standards provisions is based on the nature of the work
performed. If the work performed is primarily manual in nature, the worker is subject
to the labor standards provisions in this contract. For example, if John Smith is the
owner of ABC Plumbing and performs all plumbing work himself, then Mr. Smith is
subject to the labor standards provisions, including minimum wages and overtime.
His status as owner is irrelevant for labor standards purposes.
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If a worker meets the IRS standards for being an independent contractor, and is
employed as such, this means that the worker must submit a separate payroll as a
subcontractor rather than be included on some other payroll. The worker is still
subject to the labor standards provisions in this contract, including minimum wages
and overtime.
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If a contractor or subcontractor leases its workers, they are subject to the labor
standards provisions in this contract, including minimum wages and overtime. The
leasing firm must submit payrolls and these payrolls must reflect information required
to determine compliance with the labor standards provisions of this contract,
including a classification for each worker based on the nature of the work performed,
number of regular hours worked, and number of overtime hours worked.
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h) Apprentices / Helpers
A worker may be classified as an apprentice only if participating in a federal or
state program. Documentation of participation must be submitted. Generally, the
apprentice program specifies that the apprentice will be compensated at a
percentage of journeyman rate. For Davis-Bacon Act purposes, the hourly rate
cannot be lower than the percentage of the hourly rate for the classification in the
applicable wage decision.
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09/09
00810-10
03-4122.F
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If the worker does not participate in a federal or state apprentice program, then the
worker must be classified according to duties performed. This procedure may require
classification in the trade depending on tools used, or as a laborer if specialized tools
of the trade are not used. The contractor may want to consult with the Wage and
Hour Division of the U.S. Department of Labor located in most large cities regarding
the appropriate classification.
Presently, no worker may be classified as a helper. As with apprentices not
participating in a formal apprentice program, the worker must be classified according
to duties performed and tools used.
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09/09
00810-11
03-4122.F
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DAVIS BACON CERTIFICATION
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The American Recovery and Reinvestment Act states that the construction
work covered by this contract pertains is being assisted by the United States
of America and the following Federal Labor Standards Provisions are included
in this Contract pursuant to the provisions applicable to such Federal
assistance.
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To meet this requirement, the undersigned hereby certifies that all of the
that the construction work covered by this contract pertains is being assisted
by the United States of America and the following Federal Labor Standards.
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09/09
00810-12
03-4122.F
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BUY AMERICAN CERTIFICATION
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Section 1605 of the American Recovery and Reinvestment Act states that:
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"None of the funds appropriated or othenvise made available lnJ this Act may be used for a project
for the construction, alteration, maintenance, or repair of a public building or public work unless
all of the iron, steel, and manufactured goods used in the project are produced in the United
States. "
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To meet this requirement, the undersigned hereby certifies that all of the material,
equipment and accessories which are to be incorporated into the (Name of Construction
Contract) to be partially funded by monies from the American Recovery and
Reinvestment Act, has been manufactured from domestic construction material as
defined by 40 CFR 35.936-13(D).
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Name of Contractor Date
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Signature of Authorized Official
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09/09
00810-13
03-4l22.F
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