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HomeMy WebLinkAboutReso 2013-2015 RESOLUTION NO. 2013 - l S A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE AWARD OF BID NO. 12-10-01 TO AND ENTERING INTO AN AGREEMENT WITH JVA ENGINEERING CONTRACTOR, INC., FOR THE SUNNY ISLES BEACH/NEWPORT FISHING PIER AND RESTAURANT UTILITIES, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTY-SIX THOUSAND EIGHT HUNDRED THIRTY DOLLARS ($186,830.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission had long desired to reconstruct the historic Fishing Pier at Pier Park for the health, welfare, safety and enjoyment of our residents and tourists alike; and WHEREAS, the City issued Invitation to Bid No. 12-10-01 for the Sunny Isles Beach/Newport Fishing Pier and Restaurant Utilities consisting of the construction of water and sewer,telecommunications (AT&T, ABB), for which three (3) responses were received; and WHEREAS, staff has recommended JVA Engineering Contractor, Inc. as the lowest most responsive responsible bid; and WHEREAS, JVA Engineering Contractor, Inc. is willing and able to perform said services; and WHEREAS, the City Commission wishes to enter into an agreement with JVA Engineering Contractor, Inc., for the Sunny Isles Beach/Newport Fishing Pier and Restaurant Utilities, in an Amount of One Hundred Forty Thousand Nine Hundred Dollars ($140,900.00) including add alternates in a total amount not to exceed One Hundred Eighty-Six Thousand Eight Hundred Thirty Dollars ($186,830.00), attached hereto as Exhibit"A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals set forth in this Resolution are incorporated herein by reference as if fully set forth herein. Section 2. Award of Bid and Approval of Agreement. The City Commission hereby awards Bid No. 12-10-01 to and approves an Agreement with JVA Engineering Contractor, Inc. for the Sunny Isles Beach/Newport Fishing Pier and Restaurant Utilities, in a total amount not to exceed R2012-JVA Agmt Pier&Rest. Utilities Page 1 of 2 One Hundred Eighty-Six Thousand Eight Hundred Thirty Dollars ($186,830.00), attached hereto as Exhibit"A". Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 5. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 8th day of January 2013. . dal) / ,.2-■4:-if No an S. Edelcup, Ma or ATT C4Lç )• Jane A. Hines, CMC, City Clerk APP:OV P AS TO FORM Al I EG A.UFFIC1ENCY: /Aka 1'Ottinot, ity Attorney Moved by: V t Ce_ iw %00 Seconded by: COhM l - . .i1 q/ Vote: S-0 Mayor Edelcup ►/(Yes) (No) Vice Mayor Aelion /(Yes) (No) Commissioner Gatto V(Yes) (No) Commissioner Levin des) (No) Commissioner Scholl (Yes) (No) R2012-JVA Agmt Pier&Rest. Utilities Page 2 of 2 AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND JVA ENGINEERING CONTRACTOR. INC. CONTRACT NO. C L I l 2-075 THi AGREEMENT is made and entered into this riti. day of .Jfi, 10 of 2013 by and between the City of Sunny Isles Beach (the "Cif ") and JVA Engineering Contractor, Inc., a Florida Corporation (the "Contractor"),whose federal tax identification number is 48.1277685. 1VITNESSETH: WHEREAS,the City issued invitation to Bid No. 12-10-01 for the Newport Fishing Pier and Restaurant Utilities, consisting of the construction of water and sewer, telecommunications (AT&T, ABB);and WHEREAS, the scope of work shall include the installation of approximately 400 linear feet of an eight (8) inch PVC water main, 70 linear feet of four (4 inch) PVC tire main, tire hydrant assembly and a 60 linear feet of a four(4) inch PVC sewer lateral extension, with all paver driveway/ parking area restoration, landscape restoration, curb and gutter restoration,and maintenance of traffic("Services"); and WHEREAS, the Contractor submitted a response thereto and was selected by City staff as the lowest responsible, responsive bidder to perform the Services;and WHEREAS, the Contractor has agreed to perform the Services in an amount of One Hundred Forty Thousand Nine I lundred Dollars ($140,900.00) including add alternates in a total amount not to exceed One Hundred Eighty-Six Thousand Eight Hundred Thirty Dollars ($186,830.00), as set forth in its Response to invitation to Bid No. 12-10- 01,a copy of which is attached hereto as Attachment"A"and incorporated herein by reference. NOW THEREFORE, in consideration of the foregoing, and the mutual covenants and compensation set forth herein, the City and Contractor agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. WORK. Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The Work shall consist of the construction of water and sewer, telecommunications (AT&T, ABB), for the new City of Sunny Isles Beach Newport Fishing Pier and Restaurant Utilities. The scope of Work shall include installation of approximately 400 linear feet of an eight (8) inch PVC water main, 70 linear feet of four(4 inch) PVC fire main, tire hydrant assembly and a 60 linear feet of a four (4) inch PVC sewer lateral extension. All paver driveway/ parking area restoration, landscape restoration, curb and gutter restoration, and maintenance of traffic shall be considered. (herein referred to as the"Work"). 1 3. TERM, The Contractor agrees to commence Work within Thirty (30) calendar days after the date of written Notice to Proceed from the City Manager or his designee, and further agrees that the Work will be substantially complete within Ninety (90) consecutive calendar days after the date of written Notice to Proceed, subject to such extension of time allowed by the Contract Documents. Final Completion of the Work shall be achieved no later than Thirty(30)days of the date of Substantial Completion. 4. LIQUIDATED DAMAGES. City and Contractor recognize that tune is of the essence of this Agreement and that City will suffer financial loss if the \York is not completed within the time specified in Paragraph 3 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions of Invitation to Bid No. No. 12-10-01. (A copy of the General Conditions is attached hereto as Attachment "B"). City and Contractor also recognize the delays, expense and difficulties involved in proving the actual loss suffered by City if the Work is not completed on time. Accordingly, instead of requiring any such proof, City and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay City Two Thousand and 00/100 dollars ($2000.00) for each calendar day that expires after the time specified in Paragraph 3 above for Substantial Completion until the Work is substantially complete. Additionally, if the Contractor fails to achieve Final Completion within Thirty (30) days of the date of Substantial Completion, as set forth in Paragraph 3 above, the Contractor shall pay to City, in addition to the liquidated damages for Substantial Completion, liquidated damages for Final Completion in the amount One Thousand and 00/100 dollars ($1000,00) for each calendar day that extends beyond the scheduled Final Completion date. The term "Substantial Completion" shall mean that point at which, as certified in writing by the City Manager or his designee, the Work is at a level of completion in strict compliance with the Contract Documents such that the City can enjoy beneficial use or occupancy and can use or operate it in all respects for its intended purpose. Partial use or occupancy of the Work shall not result in the Work being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion. The term "Final Completion" shall mean the completion of all Work required by, and in strict compliance with, the Contract Documents, including start-up, testing, obtaining. final regulatory approvals from all applicable authorities, and all preparations necessary to finalize the Work. 5. CONTRACT PRICE. As the entire compensation under this Agreement and during the term of this Agreement, in whatever capacity rendered, the City shall pay Contractor an amount not to exceed One Hundred Eighty-Six Thousand Eight Hundred. Thirty Dollars ($186,830.00) for the Work (hereinafter the "Contract Price.") As provided in paragraph 11.03 of the General Conditions of Invitation to Bid No.No. 12-10- 01, estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by City Engineer as provided in paragraph 9.0$ of the 2 General Conditions. Unit prices have been computed as provided in paragraph 11.03.B of the General Conditions. 5.1 Change Order. The Contract Price may only be changed by a Change Order or by a Written Amendment to this Agreement. Any claim for any increase or decrease in the Contract Price shall be based on written notice delivered to the other Party (but in no event later than Ten (10) days) after the occurrence of the event giving rise to the amount of the claim,along with supporting data which shall be delivered within Twenty (20)days after the occurrence of the event giving rise to the amount of the claim and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential)to which the claimant is entitled as a result of the occurrence of said event. No resolution of a claim for adjustment in the Contract Price shall be effective until approved by the City Commission. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. The Contractor understands and agrees that the City shall have the right and discretion to deny the approval of any Change Order, for any reason, despite the Contractor's compliance with this Paragraph. If the City decides not to approve a Change Order for the Work, then the Contractor will not be entitled to receive compensation under any theory of recovery whether at law or in equity. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 5.1.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved. 5.1.2 By mutual acceptance of a lump sum (which may include an allowance for overhead and profit including any subcontractor fees). If the negotiated lump sum change order exceeds the percentages set forth for "Cost of Work", it must be accompanied by a detailed explanation justifying the increase. 5.2 Cost Breakdown Reuuired. Whenever the cost of any Change Order is to be determined, Contractor shall be required to submit in farm acceptable to the City Manager or his designee an itemized cost breakdown together with supporting data. Whenever a change in the Work is to be based upon mutual acceptance of a lump sum, whether the amount is an addition, credit, or no-change-in-cost, the Contractor shall submit an estimate substantiated by a complete itemized breakdown. The breakdown shall list quantities and unit prices for materials, labor, equipment and other items of cost. 6. PAYMENT PROCEDURES. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions of Invitation to Bid No.No. 12- 10-01. Applications for Payment will be processed by City Engineer or designee as provided in the General Conditions. 3 6.1. Progress Payments; Retainage. City shall make progress payments on account of the contract Price on the basis of Contractor's Applications for Payment as recommended by City Engineer or designee, on or about the last day of each month during construction as provided in paragraphs 6.1.1. and 6.1.2. 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. 6.1.1. 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 City Engineer or designee shall determine,or City may withhold, in accordance with paragraph 14.02 of the General Conditions. 90 %of Work completed (with the balance being retainage). If Work has been 50% completed as determined by City Engineer or designee and if the character and progress of the Work have been satisfactory to City and City Engineer or designee, City, on recommendation of City Engineer or designee, 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. 90 % (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to City as provided in paragraph 14.02 of the General Conditions and within Section 9-6,5 partial payments as provided in FDOT Standard Specifications for Road and Bridge Construction. 6.1.2. When circumstances beyond the Contractor's control arise (as determined by the City) the City 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 City Engineer or designee shall determine, only alter receipt of the final as-builts and upon substantial completion of the project and in accordance with Paragraph 14.02 of the General Conditions. 6.2. Final Payment. Upon final completion and acceptance of the fork in accordance with paragraph 14.07 of the General Conditions, City shall pay the remainder of the Contract Price as recommended by City Engineer or designee as provided in said paragraph 14.07. 4 6.3. City's to Withhold Par ment. The City may withhold in whole or in part, final payment or any progress payment to such extent as may be necessary to protect itself from loss on account of: 6.3.1 Defective Work not remedied. 6.3.2 Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the Contractor. 6.3.3 Failure of the Contractor to make payment to subcontractors or suppliers for materials or labor. 6.3.4 Damage to another contractor not remedied. 6.3.5 Liability for liquidated damages has been incurred by Contractor. 6.3.6 Reasonable evidence that the Work cannot be completed for the unpaid balance of the contract sum. 6.3.7 Reasonable evidence that the Work will not be completed within the Contract time. 6.3.8 Failure to carry out the Work in accordance with the Contract Documents. 7. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this agreement. 8. CONTRACTOR'S REPRESENTATIONS. In order to induce City to enter into this Agreement Contractor makes the following representations: 5 8.1. Contractor has examined and carefully studied the Contract Documents (including the addenda listed in paragraph 9 herein) and the other related data identified in the Bidding Documents including "technical data." 8.2. 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. 8.3. 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. 8.4. 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 extent 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 City and City Engineer do not assume responsibility for the accuracy or completeness of information and data show' 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, progress, 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 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. 8.5. Contractor is aware of the general nature of work to be performed by City and others at the site that relates to the Work as indicated in the Contract Documents. 8.6. 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, 6 8.7. Contractor has given City Engineer or designee written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by City 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. 9. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 9.1. This Agreement. 9.2. Exhibits to this Agreement. 9.3. Performance, Payment, and other Bonds, identified as exhibits 00600 and 00601 and consisting of 4 pages. 9.4. Notice to Proceed. 9.5. General Conditions(pages 00700-1 to 00700-44,inclusive). 9.6. Supplementary Conditions (pages 00800-1 to 00800-14 inclusive) and any amendments thereto. 9.7. Specifications bearing the title Specifications and consisting of 16 divisions. 9.8. Drawings consisting of a cover sheet and sheets numbered as specified in the Drawing Index.. 9.9. Any Addendums to this Agreement. 9.10. Contractor's Bid,attached hereto as Attachment"A". 9.11. Documentation submitted by Contractor prior to Notice of Award. 9.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending,modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. 9.13 Amendments and Additions to the Standard General Conditions of the Construction Contract and the Supplementary Conditions. 7 The documents listed in paragraphs 9.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 9. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. 10. TERMINATION. The City may terminate this Agreement with cause upon Thirty (30) days written notice to the Contractor pursuant to Article 15, Paragraph 15.02 of the General Conditions. Alternatively, the City may terminate this Agreement without cause upon Seven (7) days written notice to the Contractor pursuant to Article 15, Paragraph 15.03 of the General Conditions. I1. MEDIATION. In the event of any dispute arising under, out of, in connection with, or in relation to this Agreement, the parties shall first attempt to resolve the dispute amicably. However, in the event that the parties hereto are unable to resolve the dispute amicably, either party may give notice for a Mediation session before a Mediator appointed by mutual agreement between the parties (hereinafter the "Mediator"). Mediation shall be held in Miami Dade County. Should any dispute not be resolved amicably or through formal mediation, the parties retain all their legal rights and remedies provided under Florida law with venue to be held in Miami Dade County, Florida. All costs of the Mediation and the legal action to confirm and enforce same, as the case may be, including the reasonable legal fees of both parties shall be paid by the non- prevailing party,or, if neither party prevails on the whole,each party shall be responsible for a portion of the costs of Mediation as may be determined by the court on confirmation. 12. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of Ten (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor in a court of equity for violating such provisions. 13. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or(iii)by facsimile with confirmation receipt(with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: 8 If to the City: Christopher J. Russo With a copy to City Manager flans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Ave. 4th Sunny Isles Beach,Florida 33160 Floor Tel:(305)792-1701 Sunny Isles Beach,Ft 33160 Tel: (305)792-1702 If to the Contractor: Jose M. Alvarez President JVA Engineering Contractor, Inc. 6600 NW 32' Avenue Miami, FL 33147 Tel: 305-696-7902 14. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 15. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of Three(3)years. 16. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor mill not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status,or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 17. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as 9 amended; and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest,direct or indirectly which should conflict in any manner or degree with the performance of the services. The Contractor further covenants that in the performance of this agreement, no person having any such interest shall knowingly be employed by the Contractor. No member of,or delegate to the Congress of the United States shall be admitted to any share or part of this agreement or to any benefits arising therefrom. 18. MISCELLANEOUS. 18.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 18.2 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. 18.3. City 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. 18.4. 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 City 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. 18.5 In the event of a conflict between the terms and conditions of this Agreement and the terms and conditions of any other Contract Document, the terms and conditions of this Agreement shall prevail. 18.6. OTHER PROVISIONS. 18.6.1. DRAWINGS See Index Sheet_on Drawings 10 18.6.2. In accordance with the indemnification provision contained in the General Conditions, the Contractor agrees to indemnify and save harmless the City, including their officials, 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. 18.6.1 The Contractor agrees to maintain in force at all times during the Work performed under this Agreement, the insurance coverages specified in Article 5 of the General Conditions,as amended by the First Amended Supplementary Conditions to the General Conditions. 18.6.4 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 lack of performance by the Contractor, 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 City 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 City under this article shall be equal to the City Engineer's charges to the City. [remainder of page intentionally left blank] 11 WIT SS#I: JVA ENGL ya a CONTRACTOR, li __-40Si INC, .P'Q .ture W� Maria G. Gutierrez middig- Print Name Name& Tit e ' Jose M. Alv.rez, Pre- 'dent W NESS#2: / Law/ Si Manuel Maqueira Print Name ATTEST: CITY OF SUNNY ISLES BEACH BY BY: r/,f'l a a . roes, CM , City Clerk i +rman S, 1 delcup, Mayor AB ROVED AS TO FORM AND LEGAL . 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A V5 V. r V y W N 4t V O W Ch lul IS MIA § tgg 88,'8,88888 ; , 8 * 8888888888 4 FISHING PIER AND RESTAURANT UTILITIES UNIT PRICE 1310 SCHEDULE s mead Es aced item Descri or► Quantity Unit Untt Prlcf Told I, General Conditions 1 MobiiiialIon and Demobilization(includes general conditions,permit fees,NPDES Complex*, administration,etc.) } LS 211 a.oa Zcc040 2 Maintenance of traffic par FOOT including temporary striping and signapa,barricades,birders,arrow panels,etc.a required,in coordination wIh FOOT % Sunny Isles Bleach Police Department i is 3i 00.03 iCCO•C0 3 Utility Location Soft Dips Prior to Excavation 5 EA ZSCOCt Sub-Total hnerel Conditions ..2.11_..4 p._ 0. CIvIi 4 Furnish and Instal 8'PVC Water Main (Incluahre of all bands,Itttings,appurtenances, backlit,compaction,excavation,bedding, compaction,Iestk►g,certification permitting/approval and restoration) 450 LP l CO ZS/21;0.M$Furnish and Install 12"x8' et(in FOOT ROW) 1 IS gpp,ap 6 Furnish and Install PH Assembly(complete) (Inclusive of all ba kfil,compaction,excavation, bedding,con ctlon,testing,codification permildnpfapprowa and restoration) 1 LS AS.. ��b 1 Furnish and Intel V gate valve in FOOT r/w 1 EA ,pp 8 Furnish and Instal 8'x6`tae 1 EA : : .. Furnish and Instal$'gate valve 1 EA .Mama_ r,....i 10 Furnish and Instal 4'gate valve 1 EA .,..,. 11 'INP fittings(complete wdrestraints) 10 EA • ... . ,� qD 8 08/12 0000-2 Addendum 01 t141179 FISHING PIER AND RESTAURANT UTIUTIES UNIT PRICE BID SCHEDULE Id Estimated Estimated 11 item Description Quantlh► Unit Unit Price Total 12 Sample Points 3 EA ',CC OD �aot)_ 13 Furnish end tnsta9 Y HOPE Service ----- (indu&ve of saddle,corp.stop,ell backlit compaction,excavation,bedding,testing,certification permittingJapprovei,resloratkm and connection ci existing bathroom) 90 LF lea5.03 14 Furnish and Install 6!8"Meterwlbeckflow 1 LS 5iitots3 3r'ie04a5_ 13 Furnish and install 21 HOME Service (Inclusive of saddle,corp.slop,all backlili, compaction,excavation,bedding,testing,certification 1letrflitBnapprovai,restoration and connection al building service) 90 LF Zo ijecD.a) I6 Furnish end Install?meter wfieckflow 1 LS . _ 17 Furnish and install 8"x4"Reducer 1 IS 18 Connect and Test 8'WM 1 LS 4,cto.Qb ta 000.1: , 19 Furnish and Install three(3)2"PVC Communications Conduits(450 IF tranch)(Inclusive of all backlit compaction,excavation,bedding,compaction,and resloralion) 1,350 LF e.pip,dp 20 Furnish and Install 4'PVC Clean Out 1 FA 21 Sidewalk Restoration(per FOOT) 22 Curb&Gutter Restoration 1 L8 .1$C0.03 ,Jr°a05.04 23 Paver Restoration 1 is �'�.� ���.� 24 Landscape&lnigadon Restoration 1 LS 5x5=00 A p,Ptj 26 Pavement Restoration (per FOOT specs,full lane width t ' t 26 Sod Reslorallon I LS i ..' --' 2?Pavement Marking Restoration 1 LS ,, ,► tom.. 28 Concrete Flume 1 EA i, o0 29 Flare End Curb 8 EA • .._ tttf.tlD Sub-Total Civil i'19/4CrS.00 TOTAL BASE BID(items I Thru fl) ,1 •+ OWC wk+NO ist '''11KRMecsitsiND•let 5 4Cl V "SY ciaateatec ++t. Written "'t1.. ,1L (Contractor) (Oats) 06112 00300.3 Addendum l$ 11.4179 ,. FISHING PIER AND RESTAURANT UTILITIES UNIT PRICE BID SCHEDULE Blot EstImetsd tEstimMad Item Desert Non QuM Unit Unlit Price Total AdditonalAlhrnatIve 1 Secure site 8 standby for 24 hour(MT)(up to 4 per 24 consecutive wsekdays.) hours 21400Cer 2 Secure site 8 standby for 5 consecutive weekdays. 3 Furnish and Install 4"DIP Fire Main (Inclusive of all beckfitl,compaction,excavatoon, bedding,compaction,testing,;edification permitting/animal and restoration) 85 IF 1800 4 00.CD _ 4 Furnish and Install 4"x4'tee 1 E 5 Furnish and Install 4'ODCV I EA 1"Cce CO 8 Furnish end Install 4'FOC(Siamese)with check valve 40:40.O4 •elrtat.0 7 4"DIP Fittings(complete wdrestrmInts) 10 EA -..• .. .On 8 Connect and Test 4'FOC Line 1 L8 .. 9 Furnish and Install 4"Sanitary PVC Lateral 80 LF r. •• Z fIZO.CO 10 Furnish and Install 4'PVC Wye 1 EA ,SON Notes: 1.Quantities are not guaranteed. 2.Unit price adjustments only after 125%incrsasefdeaease. 3.Al pricing Is inclusive of excavation.Inslalatton,material,bedding,compaction,testing,cenilltation, 4.Work Includes chlorination Baa Ts. 5.DOH acceptance,MOFR acceptance. 8.Paver S landscape restoration with equal or better materiel as approved vie submitted and sample. 7. Contractor to reuse existing pavers,if new pavers are requared sample of nutedel end color match must be 4612 00304.4 Addendum art 1$.4174 This document has important legal consequences;consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law, STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By .`— A National Society of American Society Professional Engineers SIC of Civil Eftgirleere — .,,„,..: , ,..,,_< ., ,;,- Professional fnglne tInPtivaleFracNa PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by iiir r., 1f + `0,lisQrsr_ The Associated General Contractors of America Y!o!$.9Fifr Construction Specifications Institute Attachment "B" EJCDC C-100 Stradard General Conditions of the Construction Can Erma Cops right 0 2002 National Society of Prafrssioaal Engineers for£JCfIC. .1Ii rights men td. woo-0 08112 11-4179 Copyright 02002 National Society of Professional Engineers 1420 King Street,Alexandria,VA 22314 American Council of Engineering Companies 1015 15th Street,N.W_, Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston,VA 201914100 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C•001) (2002 Edition), For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supptementaiy Conditions (No. C-800) (2002 Edition). EJCDC C-100 Standard General Conditions of lht Construction Contract. Copgright t 2002 National Society of Pratt silent'al Engineers for EJCDC.All rights re tened.. 00'00.1 08/12 11.4170 TABLE OF CONTENTS P.i9ts 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 .......................... 9 2,02 Copies of Documents......... 9 2.03 Commencement of Contract Times;Notice to Proceed ......., 9 2.04 Starling the Work..,.. 9 2.05 Before Starting Construction . 9 2 06 Preconsiruction 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 C e r t i f i c a t e s of Insurance..... ...... . .... . . 15 5.04 C o n t r a c t o r's Liability Insurance.. . ...... ....... .. . . 15 5.05 Owner's L i a b i l i t y 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 8.04 Progress Schedule.... .............. ..: . 18 6.05 Substitutes and"Or-Equals'.... . .... ......:... ......... 19 6.06 Concerning Subcontractors, Suppliers, and Ot hers... ......... 20 6.07 Patent Fees and Royalties . , , .._. .... .. . .. .. ....._.._ : .. 21 608 Permits .. .. , . . . 2 1 6.09 Laws and Regulations..... . .. . . .....:.... 21 6.10 Taxes......... ....... . .......,.._ 22 6.11 Use of Site and Other Areas:,,:....._ . ., :,.............. ....:,. .... 22 6,12 Record Documents_...,.. ... ...... .. . _...... . ..,......,. ........... .. , ,.. 22 6.13 Safety and Protection.......... ............ ... ............. ........................... .... ...: : ... .. . . 22 6.14 S a f e t y Representative.. ,..., ...... .. ..... ... . .. . .. ..... . ... ... . _.. 23 ['CDC C-700 Standard Cenral Conditions of the Caastructit.,Contract. Copttight C 2002 National Said!,of Proftssional Engineers for EJC DC. 169 rights rest med. 00700-2 08/12 11-4179 6.15 Hazard Communication Programs:.......: . . . .... ......... .. 23 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 Sife., , 25 7.02 Coordination........... ... ....... ... 28 7.03 Legal Relationships....... ..... ......... 26 ARTICLE 8-OWNER'S RESPONSIBILITIES.: , .26 8.01 Communications to Contractor 26 8.02 Replacement o f E n g i n e e r......................... ........... . .... ....................... . ... . .. .. . . ... .... .. .......... ....26 8.03 F u r n i s h D a t a 8.04 Pay When Due. , :....... . . .... 28 8.05 Lands and Easements;Reports and Tests. . . . 26 8.06 Insurance..,..... : : :. 26 8.07 Change Orders,...... 26 8,08 Inspections, Tests, and Approvals....... .. . . .. . .... 28 8.09 Limitations on Owners Responsibilities,. , , . „ 21 8.10 Undisclosed Hazardous Environmental Condition 27 8.11 Evidence of Financial Arrangements ................. ............ ............... ....... . . . . . .. . . . ..... . . . . ..... 21 ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION 27 9.01 Owner's Representative 27 9.02 Visits to Site.. . ...... .. . ..... . ._ . . 27 9.03 Project Representative._._. . . .. . .... .... ..... . ... 27 904 Authorized Variations in Work.._ . ., . 27 9,05 Rejecting Defective Work.... ... :. ..... .......... . ............ .. . .. ....... . _. 27 906 Shop Drawings, Change Orders and Payments.. ._.. .. 28 9 07 Determinations for Unit Price Work,. ._ .... . ._. . .... .: . .. . .. 28 9.08 Decisions on Requirements of Contract Documents and Acceptat;iility 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 i n the W o r k.... . ..................... .. ............... .. . .... ... .. . .. . . 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.: ....... .._....,., 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 t o W o r k, 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 1E/CDC C-700 Standard General Conditions of the Constroctioa Contract. Coprlgltt C 2002%atianal Society of Profession al Engineers for EJCti .. .%II rights resin td. 00'00.3 03/12 11-4179 14.01 Schedule of Values .... 36 14.02 Progress Payments.,.... 36 14.03 C o n t r a c t o r's W a r r a n t y o f Title..,,:,, . .: . , . . .,. 37 14.04 Substantial Completion... 37 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 o f Times . ... . , . . 4 1 17:03 Cumulative Remedies 41 17.04 Survival of Obligations 41 17.05 Controlling Lawn , 41 17.06 Headings. ._. ..... . 41 EJCDC C-700 Standard General Conditions of the Construction Coot riII. Cops right 00 2002 National Soeieh of Professional Engineers for EJCDC.All rights rescned. 00700-4 03/12 11.4179 GENERAL CONDITIONS Contractor and Owner and authorizes an addition, deletion,or revision in the Work or an adjustment in ARTICLE 1 -DEFINITIONS AND TERMINOLOGY the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.01 Defined Terms 10. Claim--A demand or assertion by Owner or Contractor seeking an adjustment of Contract A. Wherever used in the Bidding Price or Contract Times, or both. or other relief with Requirements or Contract. Documents and printed respect to the terms of the Contract. A demand for with initial capital letters, the terms listed below will money or services by a third party is not a Claim. have the meanings indicated which are applicable to both the singular and plural thereof. In addition to 11. Contract—The entire and integrated terms specifically defined, terms with initial capital written agreement between the Owner and letters in the Contract Documents include references Contractor concerning the Work. The Contract to identified articles and paragraphs,and the titles of supersedes prior negotiations, representations, or other documents or forms agreements,whether written or oral. 1. Addenda--Written or graphic instruments 12. Contract Documents-- Those items so issued prior to the opening of Bids which clarify, designated in the Agreement Only printed or hard correct, or change the Bidding Requirements or the copies of the items listed in the Agreement are proposed Contract Documents. Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and 2 Agreement--The written instrument which drawings of subsurface and physical conditions are is evidence of the agreement between Owner and not Contract Documents. Contractor covering the Work. 13. Contract Price--The moneys payable by 3. Application for Payment—The form Owner to Contractor for completion of the Work in acceptable to Engineer which is to be used by accordance with the Contract Documents as stated Contractor during the course of the Work in in the Agreement (subject to the provisions of requesting progress or final payments and which is Paragraph 1103 in the case of Unit Price Work), to be accompanied by such supporting documentation as is required by the Contract 14. Contract Times—The number of days or Documents. the dates slated in the Agreement to (i) achieve Milestones. if any, (ii)achieve Substantial 4. Asbestos--Any material that contains Completion; and (iii)complete the Work so that it is more than one percent asbestos and is friable or is ready for final payment as evidenced by Engineer's releasing asbestos fibers into the air above current written recommendation of final payment action levels established by the United States Occupational Safety and Health Administration. 15. Contractor--The individual or entity with whom Owner has entered into the Agreement 5. Bid--The offer or proposal of a Bidder submitted on the prescribed form setting forth the 16. Cast of the Work—See Paragraph prices for the Work to be performed. 11.01 A for definition. 6 Bidder--The individual or entity who 17. Drawings--That part of the Contract submits a Bid directly to Owner Documents prepared or approved by Engineer which graphically shows the scope, extent, and 7, Bidding Documents--The Bidding character of the Work to be performed by Requirements and the proposed Contract Contractor. Shop Drawings and other Contractor Documents(including all Addenda). submittals are not Drawings as so defined. 8. Bidding Requirements--The 18. Effective Date of the Agreement--The Advertisement or Invitation to Bid, Instructions to date indicated in the Agreement on which it Bidders, bid security of acceptable form, if any and becomes effective,but if no such date is indicated, it the Bid Form with any supplements. means the date on which the Agreement is signed and delivered by the last of the two parties to sign 9. Change Order--A document and deliver.. recommended by Engineer which is signed by EJCDCC•700 Standard General Conditions of the Construction Contract. Copyright c 2002 National Society of Professional F,tighter rs for EJC DC_ .411 rights men td. 00700-5 03/12 11-4179 19. Engineer--The individual or entity named 31. Petroleum--Petroleum, including crude as such in the Agreement oil or any fraction thereof which is liquid at standard conditions of temperature and pressure(80 degrees 20. Field Order--A written order issued by Fahrenheit and 14.7 pounds per square inch Engineer which requires minor changes in the Work absolute), such as oil, petroleum, fuel oil,oil sludge. but which does not involve a change in the Contract oil refuse, gasoline, kerosene, and oil mixed with Price or the Contract Times. other non-Hazardous Waste and crude oils. 21. General Requirements--Sections of 32. Progress Schedule--A schedule, Division 1 of the Specifications. The General prepared and maintained by Contractor. describing Requirements.pertain to all sections of the Specifica- the sequence and duration of the activities tions comprising the Contractors plan to accomplish the Work within the Contract Times_ 22. Hazardous Environmental Condition-- The presence at the Site of Asbestos, PCBs, Petro- 33 Project--The total construction of which Ieum, Hazardous Waste, or Radioactive Material in the Work to be performed under the Contract such quantities or circumstances that may present a Documents may be the whole,or a part substantial danger to persons or property exposed thereto in connection with the Work. 34. Project Manual—The bound documentary information prepared for bidding and 23. Hazardous Waste--The term Hazardous constructing the Work.A listing of the contents of the Waste shall have the meaning provided in Section Project Manual,which may be bound in one or more 1004 of the Solid Waste Disposal Act (42 USC volumes, is contained in the table(s)of contents Section 6903)as amended from time to time. 35. Radioactive Material--Source, special 24. Laws and Regulations;Laws or Regulat- nuclear, or byproduct material as defined by the ions--Any and all applicable laws, rules, regulations, Atomic Energy Act of 1954 (42 USC Section 2011 et ordinances,codes,and orders of any and all govern- seq.)as amended from time to time mental bodies, agencies authorities, and courts having jurisdiction. 38. Related Entity An officer, director, partner, employee, agent. consultant, or 25. Liens—Charges, security interests, or subcontractor. encumbrances upon Project funds, real property, or personal property. 37. Resident Project Representative--The authorized representative of Engineer who may be 26. Milestone-A principal event specified in assigned to the Site or any part thereof. the Contract Documents relating to an intermediate completion date or time prior to Substantial Comple- 38. Samples—Physical examples of Lion of all the Work, materials, equipment, or workmanship that are representative of some portion of the Work and 27. Notice of Award—The written notice by which establish the standards by which such portion Owner to the Successful Bidder stating that upon of the Work will be judged. timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign 39. Schedule of Submittals--A schedule, and deliver the Agreement prepared and maintained by Contractor. of required submittals and the time requirements to support 28. Notice to Proceed--A written notice given scheduled performance of related construction by Owner to Contractor fixing the date on which the activities, Contract Times will commence to run and on which Contractor shall start to perform the Work under the 40. Schedule of Values--A schedule. Contract Documents. prepared and maintained by Contractor. allocating portions of the Contract Price to various portions of 29. Owner--The individual or entity with the Work and used as the basis for reviewing whom Contractor has entered into the Agreement Contractor's Applications for Payment. and for whom the Work is to be performed 41. Shop Drawings--All drawings, diagrams, 30.PCBs--Polychlorinated biphenyls. illustrations, schedules, and other data or information which are specifically prepared or FJCDC C•100 Standard General Conditions or the Contraction Contract. Cop}right c.2002 National Sociei3 of Professional Engineers for FJCDC. Ali rights reser.ed. 00700.6 03/12 11-4179 assembled by or for Contractor and submitted by 50. Unk Price Work--Work to be paid for on Contractor to illustrate some portion of the Work. the basis of unit prices. 42, Site--Lands or areas indicated in the 51. Wark--The entire construction or the Contract Documents as being furnished by Owner various separately identifiable parts thereof required upon which the Work is to be performed, including to be provided under the Contract Documents.Work rights-of-way and easements for access thereto, and includes and is the result of performing or providing such other lands furnished by Owner which are all labor, services, and documentation necessary to designated for the use of Contractor, produce such construction, and furnishing, installing, and incorporating all materials and equipment into 43. Specifications—That part of the Contract such construction, all as required by the Contract Documents consisting of written requirements for Documents.. materials, equipment, systems, standards and workmanship as applied to the Work, and certain 52. t4'brk Change Directive--A written administrative requirements and procedural matters statement to Contractor issued on or after the applicable thereto. Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an 44. Subcontractor-An individual or entity addition, deletion, or revision in the Work, or having a direct contract with Contractor or with any responding to differing or unforeseen subsurface or other Subcontractor for the performance of a part of physical conditions under which the Work is to be the Work at the Site performed or to emergencies. A Work Change Directive will not change the Contract Price or the 45. Substantial Completion--The time at Contract Times but is evidence that the parties which the Work (or a specified part thereof) has expect that the change ordered or documented by a progressed to the point where, in the opinion of Work Change Directive will be incorporated in a Engineer, the Work (or a specified part thereof) is subsequently issued Change Order following sufficiently complete, in accordance with the negotiations by the parties as to its effect if any, on Contract Documents, so that the Work (or a the Contract Price or Contract Times specified part thereof) can be utilized for the purposes for which it is intended. The terms 1.02 Terminology `substantially complete' and 'substantially com- pleted'as applied to all or part of the Work refer to A. The following words or terms are not Substantial Completion thereof defined but, when used in the Bidding Requirements or Contract Documents,have the following meaning, 46. Successful Bidder--The Bidder submitting a responsive Bid to whom Owner makes B. Intent of Certain Terms or Adjectives an award. 1. The Contract Documents include the 47: Supplementary Conditions--That part of terms as allowed.` as approved," as ordered', as the Contract Documents which amends or directed"or terms of like effect or import to authorize supplements these General Conditions, an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," `suitable," 48. Supplier--A manufacturer, fabricator, "acceptable,""proper.'"satisfactory,"or adjectives of supplier, distributor, materialman, or vendor having a like effect or import are used to describe an action or direct contract with Contractor or with any Subcon- determination of Engineer as to the Work. It is tractor to furnish materials or equipment to be intended that such exercise of professional incorporated in the Work by Contractor or any judgment, action or determination will be solely to Subcontractor evaluate, in general, the Work for compliance with the requirements of and information in the Contract 49. Underground Facilities--Alt underground Documents and conformance with the design pipelines, conduits, ducts, cables, wires, manholes, concept of the completed Project as a functioning vaults, tanks, tunnels, or other such facilities or whole as shorn or indicated in the Contract attachments, and any encasements containing such Documents (unless there is a specific statement facilities, including those that convey electricity, indicating otherwise), The use of any such term or gases, steam, liquid petroleum products, telephone adjective is not intended to and shall not be effective or other communications, cable television, water, to assign to Engineer any duty or authority to wastewater, storm water, other liquids or chemicals, supervise or direct the performance of the Work or or traffic or other control systems, any duty or authority to undertake responsibility EJCOC C-700 Standard General Condilioos of the Conslrucfior Contract. Cop}right c 2002 laiional Sotitts of Proftssional Ecenters for EJGi1C.MI rights aimed 00700.7 03/12 11-4179 contrary to the provisions of Paragraph 9.09 or any meaning are used in the Contract Documents in other provision of the Contract Documents. accordance with such recognized meaning. C.Day ARTICLE 2-PRELIMINARY MATTERS 1. The word "day' means a calendar day of 24 hours measured from midnight to the next midnight. 2,01 Delivery of Bonds and Evidence of Insurance D. Defective A. When Contractor delivers the executed 1. The word'defective,'when modifying the counterparts of the Agreement to Owner, Contractor word "Work," refers to Work that is unsatisfactory, shall also deliver to Owner such bonds as faulty, or deficient in that it Contractor may be required to furnish a, does not conform to the Contract 8. Evidence of Insurance: Before any Worm Documents,or at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each b does not meet the requirements of any additional insured identified in the Supplementary applicable inspection, reference standard, Conditions, certificates of insurance (and other test, or approval referred to in the Contract evidence of insurance which either of them or any Documents or additional insured may reasonably request) which Contractor and Owner respectively are required to c. has been damaged prior to Engineer's - purchase and maintain in accordance with Article 5. recommendation of final payment (unless responsibility for the protection thereof has 2.02 Copies of Documents been assumed by Owner at Substantial Completion in accordance with Paragraph A. Owner shall furnish to Contractor up to 14.04 or 94.05). ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished E. Furnish, install, Perform, Provide upon request at the cost of reproduction. 1. The word 'furnish,"when used in connec- 2.03 Commencement of Contract Times, Notice Lion with services, materials, or equipment, shall to Proceed mean to supply and deliver said services, materials, or equipment to the Site (or some other specified A. The Contract Times will commence to run location) ready for use or installation and in usable on the thirtieth day after the Effective Date of the or operable condition. Agreement or,if a Notice to Proceed is given, on the day indicated in the Notice to Proceed, A Notice to 2. The word 'install,' when used in connec- Proceed may be given at any time within 30 days tion with services, materials, or equipment, shall after the Effective Date of the Agreement. In no mean to put into use or place in final position said event will the Contract Times commence to run later services, materials or equipment complete and than the sixtieth day after the day of Bid opening or ready for intended use the thirtieth day after the Effective Date of the Agreement,whichever date is earlier. 3. The words 'perform" or `provide,' when used in connection with services, materials. or 2.04 Starling the Work equipment, shall mean to furnish and install said services, materials, or equipment complete and A, Contractor shall start to perform the Work ready for intended use on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the 4. When "furnish," 'install,' "perform," or date on which the Contract Times commence to run. `provide" is not used in connection with services, materials,or equipment in a context clearly requiring 2.05 Before Starting Construction an obligation of Contractor. 'provide'is implied. A. Preliminary Schedules: Within 10 days F, Unless stated otherwise in the Contract after the Effective Date of the Agreement (unless Documents, words or phrases which have a well- otherwise specified in the General Requirements), known technical or construction industry or trade FJ(tiC C-700 Standard General Conditions of the Construction Contract. Cops right t 2002 National Soddy of Professional Engineers for EJCDC. .Ul rights Mtn d. 04704-e 03/12 91.4179 Contractor shall submit to Engineer for timely 2. Contractor's Schedule of Submittals will review: be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the 1. a preliminary Progress Schedule; indicat- required submittals. ing the times(numbers of days or dates)for starting and completing the various stages of the Work, 3, Contractor's Schedule of Values will be including any Milestones specified in the Contract acceptable to Engineer as to form and substance if it Documents; provides a reasonable allocation of the Contract Price to component parts of the Work. 2.a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of ARTICLE 3-CONTRACT DOCUMENTS: INTENT, the Work which includes quantities and prices of AMENDING,REUSE items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress 3.01 Intent payments during performance of the Work. Such prices will include an appropriate amount of A. The Contract Documents are comple overhead and profit applicable to each item of Work mentary; what is required by one is as binding as if required by all. 2.06 Preconstruchon Conference B. It is the intent of the Contract Documents A. Before any Work at the Site is started, a to describe a functionally complete Project (or part conference attended by Owner. Contractor, thereof) to be constructed in accordance with the Engineer, and others as appropriate will be held to Contract Documents. Any labor, documentation, establish a working understanding among the services, materials, or equipment that may parties as to the Work and to discuss the schedules reasonably be inferred from the Contract Documents referred to in Paragraph 2.05 A. procedures for or from prevailing custom or trade usage as being handling Shop Drawings and other submittals, required to produce the intended result will be processing Applications for Payment, and provided whether or not specifically called for at no maintaining required records additional cost to Owner. 2.07 Initial Acceptance of Schedules C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as A. At least 10 days before submission of the provided in Article 9 first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate 3.02 Reference Standards will be held to review for acceptability to Engineer as provided below the schedules submitted in A. Standards, Specifications, Codes, Laws, accordance with Paragraph 2.05.A. Contractor shall and Regulations have an additional 10 days to make corrections and adjustments and to complete and resubmit the 1 Reference to standards, specifications, schedules. No progress payment shall be made to manuals, or codes of any technical society, Contractor until acceptable schedules are submitted organization, or association, or to Laws or to Engineer. Regulations, whether such reference be specific or by implication, shall mean the standard, 1 The Progress Schedule will be acceptable specification, manual, code, or Laws or Regulations to Engineer if it provides an orderly progression of in effect at the time of opening of Bids (or on the the Work to completion within the Contract Times. Effective Date of the Agreement if there were no Such acceptance will not impose on Engineer Bids), except as may be otherwise specifically stated responsibility for the Progress Schedule, for in the Contract Documents sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's 2.. No provision of any such standard, full responsibility therefor 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 FJCDC C-700 Standard Ctneral Conditions of the Construction Contract Cop right r 2002 National Web orProfessional Engineers for EJCDC. MI rights men et 00700-4 03/12 11-4179 effective to assign to Owner, or Engineer, or any of, (whether or not specifically incorporated by their Related Entities, any duty or authority to reference in the Contract Documents);or supervise or direct the performance of the Work or any duty or authority to undertake responsibility b. the provisions of any Laws or Regulations inconsistent with the provisions of the Contract applicable to the performance of the Work Documents (unless such an interpretation of the provi- sions of the Contract Documents would 3.03 Reporting and Resolving Discrepancies result in violation of such Law or Regulation). A Reporting Discrepancies 3.04 Amending and Supplementing Contract 1 Contractor's Review of Contract Documents Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall A. The Contract Documents may be carefully study and compare the Contract amended to provide for additions, deletions, and Documents and check and verify pertinent figures revisions in the Work or to modify the terms and therein and all applicable field measurements conditions thereof by either a Change Order or a Contractor shall promptly report in writing to Work Change Drective Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and B. The requirements of the Contract shall obtain a written interpretation or clarification Documents may be supplemented, and minor from Engineer before proceeding with any Work variations and deviations in the Work may be autho- affected thereby rized, by one or more of the following ways: 2 Contractor's Review of Contract 1 A Fed Order; Documents During Performance of Work: If, during the performance of the Work. Contractor discovers 2 Engireer's approval of a Shop Drawing or any conflict, error, ambiguity, or discrepancy within Sample; (Subject to the provisions of Paragraph the Contract Documents or between the Contract 6.17.D.3),or Documents and any provision of any law or Regulation applicable to the performance of the 3 Engineer's written interpretation or Work or of any standard. specification, manual or clarification. code, or of any instruction of any Supplier.. Contractor shall promptly report it to Engineer in 3.05 Reuse of Documents writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as A. Contractor and any Subcontractor or required by Paragraph 6.16.A) until an amendment Supplier or other individual or entity performing or or supplement to the Contract Documents has been furnishing all of the Work under a direct or indirect issued by one of the methods indicated in Paragraph contract with Contractor,shall not 3.04. 1. have or acquire any title to or ownership 3.Contractor shall not be liable to rights in any of the Drawings, Specifications, Owner or Engineer for failure to report any conflict, or other documents (or copies of any thereof) error, ambiguity, or discrepancy in the Contract prepared by or bearing the seal of Engineer or Documents unless Contractor knew or reasonably Engineer's consultants including electronic media should have known thereof editions;or B. Resolving Discrepancies 2. reuse any of such Drawings. Specifications other documents, or copies thereof 1 Except as may be otherwise specifically on extensions of the Project or any other project stated in the Contract Documents, the provisions of without written consent of Owner and Engineer and the Contract Documents shall take precedence in specific written verification or adaption by Engineer. resolving any conflict, error, ambiguity, or discrepan- cy between the provisions of the Contract Docu- B. The prohibition of this Paragraph 3.05 will ments and, survive final payment, or termination of the Contract Nothing herein shall preclude Contractor from a. the provisions of any standard, retaining copies of the Contract Documents for specification, manual, code, or instruction record purposes. EJCPC 0.100 Standard General Conditions of the Construction Contract, Cop?right C 2002 National Society of Professional Engineers for EJCOC. Sit rights reserved. 00704-r0 03/12 11-4179 3.06 Electronic Data record legal tine and legal description of the lands upon which the Work is to be performed and A. Copies of data furnished by Owner or Owner's Interest therein as necessary for giving Engineer to Contractor or Contractor to Owner or notice of or Fling a mechanic's or construction lien Engineer that may be relied upon are limited to the against such lands in accordance with applicable printed copies (also known as hard copies), Files in Laws and Regulations. electronic media format of text, data, graphics, or other types are furnished only for the convenience of C. Contractor shall provide for all additional the receiving party. Any conclusion or information lands and access thereto that may be required for obtained or derived from such electronic files will be temporary construction facilities or storage of at the user's sole risk. If there is a discrepancy materials and equipment. between the electronic files and the hard copies,the hard copies govern. 4.02 Subsurface and Physical Conditions 8. Because data stored in electronic media A. Reports and Drawings: The format can deteriorate or be modified inadvertently Supplementary Conditions identify or otherwise without authorization of the data's creator, the party receiving electronic files agrees 1. those reports of explorations and tests of that it will perform acceptance tests or procedures subsurface conditions at or contiguous to the Site within 60 days, after which the receiving party shall that Engineer has used in preparing the Contract be deemed to have accepted the data thus Documents;and transferred. Any errors detected within the 60-day acceptance period will be corrected by the 2. those drawings of physical conditions in transferring party.. or relating to existing surface or subsurface struc- tures at or contiguous to the Site (except C. When transferring documents in Underground Facilities) that Engineer has used in electronic media format, the transferring party makes preparing the Contract Documents no representations as to long term compatibility, usability, or readability of documents resulting from 8 Limited Reliance by Contractor on the use of software application packages, operating Technical Data Authorized Contractor may rely systems, or computer hardware differing from those upon the gene's accuracy of the 'technical data used by the data's creator contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data' is identified in the ARTICLE 4 - AVAILABILITY OF LANDS; Supplementary Conditions.. Except for such reliance SUBSURFACE AND PHYSICAL CONDITIONS; on such 'technical data," Contractor may not rely HAZARDOUS ENVIRONMENTAL CONDITIONS; upon or make any claim against Owner or Engineer, REFERENCE POINTS or any of their Related Entities with respect to, 1. the completeness of such reports and 4.01 Availability of Lands drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, A. Owner shall furnish the Site. Owner shall techniques, sequences. and procedures of notify Contractor of any encumbrances or construction to be employed by Contractor, and restrictions not of general application but specifically safety precautions and programs incident thereto;or related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in 2, other data, interpretations, opinions, and a timely manner and pay for easements for information contained in such reports or shown or permanent structures or permanent changes in indicated in such drawings or existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount 3. any Contractor interpretation of or or extent, if any, of any adjustment in the Contract conclusion drawn from any "technical data" or any Price or Contract Times, or both, as a result of any such other data, interpretations, opinions, or infor- delay in Owner's furnishing the Site or a part thereof, motion, Contractor may make a Claim therefor as provided in Paragraph 10 05 8. Upon reasonable written request, Owner shall furnish Contractor with a current statement of EJCDC C-700 Standard General Conditions of the Construenem Contract, Copyright t 2002 National Society of Professional Engineer for FJCDC, .111 rights reserved. 00700•I I 03/12 11.4179 4 0 Differing Subsurface or Physical Conditions 2 Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times A Notice: If Contractor believes that any if subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: a. Contractor knew of the existence of such conditions at the time Contractor made a 1. is of such a nature as to establish that any final commitment to Owner with respect to "technical data° on which Contractor is entitled to Contract Price and Contract Times by the rely as provided in Paragraph 4 02 is materially submission of a Bid or becoming bound inaccurate; or under a negotiated contract:or 2. is of such a nature as to require a change b. the existence of such condition could in the Contract Documents,or reasonably have been discovered or revealed as a result of any examination. 3. differs materially from that shown or investigation, exploration, test, or study of indicated in the Contract Documents:or the Site and contiguous areas required by the Bidding Requirements or Contract Docu- 4 is of an unusual nature, and differs meets to be conducted by or for Contractor materially from conditions ordinarily encountered prior to Contractor's making such final com- and generally recognized as inherent in work of the mitment,or character provided for in the Contract Documents. c. Contractor failed to give the written notice then Contractor shall, promptly after becoming as required by Paragraph 4 03.A. aware thereof and before further disturbing the subsurface or physical conditions or performing any 3. If Darner and Contractor are unable to Work in connection therewith (except in an agree on entitlement to or on the amount or extent,if emergency as required by Paragraph 6.16,A). notify any, of any adjustment in the Contract Price or Owner and Engineer in writing about such condition. Contract Times, or both, a Claim may be made Contractor shall not further disturb such condition or therefor as provided in Paragraph 10.05 however. perform any Work in connection therewith(except as Owner and Engineer, and any of their Related aforesaid)until receipt of written order to do so Entities shall not be liable to Contractor for any claims, costs,losses, or damages (including but not B, Engineer's Review After receipt of written limited to all fees and charges of engineers. notice as required by Paragraph 4.03.A, Engineer architects, attorneys, and other professionals and all will promptly review the pertinent condition, deter- court or arbitration or other dispute resolution costs) mine the necessity of Owner's obtaining additional sustained by Contractor on or in connection with any exploration or tests with respect thereto_ and advise other project or anticipated project Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. 4.04 Underground Facilities C. Possible Price and Times Adjustments A. Shown or Indicated: The information and data shown or indicated in the Contract Documents 1, The Contract Price or the Contract Times, with respect to existing Underground Facilities at or or both, will be equitably adjusted to the extent that contiguous to the Site is based on information and the existence of such differing subsurface or data furnished to Owner or Engineer by the owners physical condition causes an increase or decrease of such Underground Facilities, including Owner, or in Contractor's cost of, or time required for, perfor- by others, Unless it is otherwise expressly provided mance of the Work; subject, however, to the follow- in the Supplementary Conditions. ing: 1 Owner and Engineer shall not be a. such condition must meet any one or responsible for the accuracy or completeness of any more of the categories described in such information or data and Paragraph 4.03.A, and 2. the cost of all of the following will be b. with respect to Work that is paid for on a included in the Contract Price, and Contractor shall Unit Price Basis,any adjustment in Contract have full responsibility for. Price will be subject to the provisions of Paragraphs 9.07 and 11 03. a. reviewing and checking all such informa- tion and data, CJCOC C-?00 Standard General Conditions of the Construction Contract, Copyright 2002 National Society of Prorrssional Engineers for EJCUC. All righta reserved. 00'00.12 03/12 114179 points and property monuments, and shall make no b. locating all Underground Facilities shown changes or r&ocations without the prior written or indicated in the Contract Documents, approval of Owner. Contractor shall report to Engineer whenever any reference point or property c. coordination of the Work with the owners monument is lost or destroyed or requires relocation of such Underground Facilities, including because of necessary changes in grades or Owner,during construction, and locations, and shall be responsible for the accurate replacement or relocation of such reference points d. the safety and protection of all such or property monuments by professionally qualified Underground Facilities and repairing any personnel. damage!hereto resulting from the Work. 4.06 Hazardous Environmental Condition at Site 8. Not Shown or Indicated A. Reports and Drawings: Reference is 1 If an Underground Facility is uncovered or made to the Supplementary Conditions for the revealed at or contiguous to the Site which was not identification of those reports and drawings relating shown or indicated, or not shown or indicated with to a Hazardous Environmental Condition identified at reasonable accuracy in the Contract Documents, the Site if any that have been utilized by the Contractor shall promptly after becoming aware Engineer in the preparation of the Contract thereof and before further disturbing conditions Documents affected thereby or performing any Work in connection therewith (except in an emergency as 8. Limited Reliance by Contractor on required by Paragraph 6..16.A). identify the owner of Technical Data Authorized: Contractor may rely such Underground Facility and give written notice to upon the general accuracy of the `technical data" that owner and to Owner and Engineer. Engineer contained in such reports and drawings, but such will promptly review the Underground Facility and reports and drav<ngs are not Contract Documents. determine the extent, if any, to which a change is Such `technical data" is identified in the required in the Contract Documents to reflect and Supplementary Conditions. Except for such reliance document the consequences of the existence or on such "technical data,' Contractor may not rely location of the Underground Facility. During such upon or make any claim against Owner or Engineer, time, Contractor shall be responsible for the safety or any of their Related Entities with respect to. and protection of such Underground Facility 1. the completeness of such reports and 2. If Engineer concludes that a change in the drawings for Contractor's purposes, including, but Contract Documents is required, a Work Change not limited to, any aspects of the means, methods Directive or a Change Order will be issued to reflect techniques, sequences and procedures of and document such consequences. An equitable construction to be employed by Contractor and adjustment shalt be made in the Contract Price or safety precautions and programs incident thereto,or Contract Times, or both, to the extent that they are attributable to the existence or location of any 2. other data, interpretations, opinions and Underground Facility that was not shown or information contained in such reports or shown or indicated or not shown or indicated with reasonable indicated in such drawings;or accuracy in the Contract Documents and that Contractor did not know of and could not reasonably 3 any Contractor interpretation of or have been expected to be aware of or to have conclusion drawn from any 'technical data" or any anticipated. If Owner and Contractor are unable to such other data, interpretations, opinions or agree on entitlement to or on the amount or extent. if information. any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a C. Contractor shall not be responsible for Claim therefor as provided in Paragraph 10 05. any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or 4.05 Reference Points indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of A. Owner shall provide engineering surveys the Work. Contractor shall be responsible for a to establish reference points for construction which Hazardous Environmental Condition created with in Engineer's judgment are necessary to enable any materials brought to the Site by Contractor Contractor to proceed with the Work. Contractor Subcontractors, Suppliers, or anyone else for whom shall be responsible for laying out the Work, shall Contractor is responsible, protect and preserve the established reference EJCDC C'-'00 Standard Central Conditions of the Construetioa Con tract Copyright C 2002 N'alien al Saciel}or Professional Engineers for i JCDC. 'iit rights reitned. 00.'00.13 03/12 11.4179 D. If Contractor encounters a Hazardous provided that such Hazardous Environmental Environmental Condition or if Contractor or anyone Condition: (i) was not shown or indicated in the for whom Contractor is responsible creates a Drawings or Specifications or identified in the Hazardous Environmental Condition, Contractor Contract Documents to be included within the scope shall immediately: (i) secure or otherwise isolate of the Work, and (ii) was not created by Contractor such condition, (ii) stop all Work in connection with or by anyone for whom Contractor is responsible such condition and in any area affected thereby Nothing in this Paragraph 4.06. G shall obligate (except in an emergency as required by Paragraph Owner to indemnify any individual or entity from and 6.18,A), and (iii) notify Owner and Engineer (and against the consequences of that individual's Or promptly thereafter confirm such notice in writing). entity's own negligence: Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a H. To We fullest extent permitted by laws qualified expert to evaluate such condition or take and Regulations, Contractor shall indemnify and corrective action,if any hold harmless Owner and Engineer. and the officers, directors, partners, employees, agents, consultants. E. Contractor shall not be required to and subcontractors of each and any of them from resume Work in connection with such condition or in and against an claims, costs, losses, and damages any affected area until after Owner has obtained any (including but not limited to all fees and charges of required permits related thereto and delivered to engineers, architects, attorneys, and other Contractor written notice: (i) specifying that such professionals and all court or arbitration or other condition and any affected area is or has been dispute resolution costs)arising out of or relating to rendered safe for the resumption of Work; or (ii) a Hazardous Environmental Condition created by specifying any special conditions under which such Contractor or by anyone for whom Contractor is Work may be resumed safely. If Owner and responsible Nothing in this Paragraph 4.06 H shall Contractor cannot agree as to entitlement to or on obligate Contractor to indemnify any individual or the amount or extent, if any, of any adjustment in entity from and against the consequences of that Contract Price or Contract Times.or both,as a result individual's or entity's own negligence of such Work stoppage or such special conditions under which Work is agreed to be resumed by I. The provisions of Paragraphs 4,02, 4,03, Contractor either party may make a Claim therefor and 4.04 do not apply to a Hazardous Environmental as provided in Paragraph 10.05. Condition uncovered or revealed at the Site E. If after receipt of such written notice Contractor does not agree to resume such Work ARTICLE 5-BONDS AND INSURANCE based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the 5.01 Performance.Payment, and Other Bonds Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor A. Contractor shall furnish performance and cannot agree as to entitlement to or on the amount payment bonds each in an amount at least equal to or extent, if any of an adjustment in Contract Price the Contract Price as security for the faithful perfor- or Contract Times as a result of deleting such mance and payment of all of Contractors obligations portion of the Work, then either party may make a under the Contract Documents. These bonds shalt Claim therefor as provided in Paragraph 10.05 remain in effect until one year after the date when Owner may have such deleted portion of the Work final payment becomes due or until completion of performed by Owner's own forces or others in actor- the correction period specified in Paragraph 13.07. dance with Article 7 whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents G. To the fullest extent permitted by Laws Contractor shall also furnish such other bonds as and Regulations, Owner shall indemnify and hold are required by the Contract Documents. harmless Contractor, Subcontractors and Engineer, and the officers, directors. partners, employees, B. All bonds shall be in the form prescribed agents, consultants, and subcontractors of each and by the Contract Documents except as provided any of them from and against all claims, costs. otherwise by Laws or Regulations, and shall be losses, and damages(including but not limited to all executed by such sureties as are named in the fees and charges of engineers,architects,attorneys, current list of "Companies Holding Certificates of and other professionals and all court or arbitration or Authority as Acceptable Sureties on Federal Bonds other dispute resolution costs) arising out of or and as Acceptable Reinsuring Companies' as pub- relating to a Hazardous Environmental Condition, lisped in Circular 570 (amended) by the Financial Lk DC C•100 Standard General Conditions or the Construction Contract, Copyright c 2002 National Society of Professional Engineers for EJCDC. III rights entered. 00100-14 03112 11-4179 Management Service, Surety Bond Branch, U.S. Work, or by anyone for whose acts any of them may Department of the Treasury. All bonds signed by an be liable: agent must be accompanied by a certified copy of the agent's authority to act. 1 claims under workers' compensation, disability benefits, and other similar employee C. If the surety on any bond furnished by benefit acts; Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in 2 claims for damages because of bodily any state where any part of the Project is located or injury, occupational sickness or disease,or death of it ceases to meet the requirements of Paragraph Contractor's employees. 5 01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event 3. claims for damages because of bodily giving rise to such notification, provide another bond injury, sickness or disease, or death of any person and surety. both of which shall comply with the other than Contractor's employees. requirements of Paragraphs 5.01 6 and 5.02. 4, clams for damages insured by 5 02 Licensed Sureties and insurers reasonably available personal injury liability coverage which are sustained: A. All bonds and insurance required by the Contract Documents to be purchased and main- a by any person as a result of an offense tained by Owner or Contractor shall be obtained directly or indirectly related to the employ- from surety or insurance companies that are duly ment of such person by Contractor,or licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance b. by any other person for any other reason, policies for the limits and coverages so required. Such surety and insurance companies shall also 5, claims for damages, other than to the meet such additional requirements and qualifications Work itself, because of injury to or destruction of as may be provided in the Supplementary tangible property wherever located including loss of Conditions use resulting therefrom and 5.03 Certificates of Insurance 6. claims for damages because of bodily injury or death of any person or property damage A. Contractor shall deliver to Owner, with arising out of the ownership, maintenance or use of copies to each additional insured identified in the any motor vehi'e. Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by B. The policies of insurance required by this Owner or any other additional insured) which Paragraph 5.04 shall: Contractor is required to purchase and maintain. 1. with respect to insurance required by B. Owner shall deliver to Contractor,. with Paragraphs 5.04.A,3 through 5 04.A 6 inclusive, copies to each additional insured identified in the include as additional insured (subject to any Supplementary Conditions, certificates of insurance customary exclusion regarding professional liability) (and other evidence of insurance requested by Owner and Engineer, and any other individuals or Contractor or any other additional insured) which entities identified in the Supplementary Conditions, Owner is required to purchase and maintain all of whom shall be listed as additional insureds, and include coverage for the respective officers, 5.04 Contractor's Liability Insurance directors, partners, employees, agents, consultants and subcontractors of each and any of all such addi- A. Contractor shall purchase and maintain tional insureds,and the insurance afforded to these such liability and other insurance as is appropriate additional insureds shall provide primary coverage for the Work being performed and as will provide for all claims covered thereby; protection from claims set forth below which may arise out of or result from Contractor's performance 2, include at least the specific coverages of the Work and Contractors other obligations under and be written for not less than the limits of liability the Contract Documents, whether it is to be per- provided in the Supplementary Conditions or formed by Contractor, any Subcontractor or required by Laws or Regulations, whichever is Supplier, or by anyone directly or indirectly greater, employed by any of them to perform any of the EJCDC C-100 Standard General Conditions of the Construction Contract. Cop►righi C 2002 National Sourly of Professional Engineers for EJCDC. !If rights reserved. 00700-15 03/12 11-4179 3. include completed operations insurance, Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants 4. include contractual liability insurance and subcontractors of each and any of them,each of covering Contractor's indemnity obligations under whom is deemed to have an insurable interest and Paragraphs 6.11 and 8.20; shall be listed as an insured or additional insured; 5, contain a provision or endorsement that 2. be written on a Builder's Risk 'all-risk`or the coverage afforded will not be canceled, rnateri- open peril or special causes of loss policy form that ally changed or renewal refused until at least 30 shall at least include insurance for physical loss or days prior written notice has been given to Owner damage to the Work, temporary buildings, false and Contractor and to each other additional insured work, and materials and equipment in transit, and identified in the Supplementary Conditions to whom shall insure against at least the following perils or a certificate of insurance has been issued (and the causes of loss fire, lightning, extended coverage, certificates of insurance furnished by the Contractor theft, vandalism and malicious mischief, earthquake, pursuant to Paragraph 5.03 will so provide); collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water dam- &remain in effect at least until final payment age, (other than caused by flood) and such other and at all times thereafter when Contractor may be perils or causes of loss as may be specifically correcting, removing, or replacing defective Work in required by the Supplementary Conditions. accordance with Paragraph 13 07:and 3. include expenses incurred in the repair or 7 with respect to completed operations replacement of any insured property (including but insurance, and any insurance coverage written on a not limited to fees and charges of engineers and claims-made basis, remain in effect for at least two architects); years after final payment 4. cover materials and equipment stored at a, Contractor shall furnish Owner and each the Site or at another location that was agreed to in other additional insured identified in the writing by Owner prior to being incorporated in the Supplementary Conditions, to whom a Work, provided that such materials and equipment certificate of insurance has been issued, have been included in an Application for Payment evidence satisfactory to Owner and any recommended by Engineer; such additional insured of continuation of such insurance at final payment and one 5. allow for partial utilization of the Work by year thereafter. Owner; 5.05 Owner's Liability Insurance 6. include testing and startup and A. In addition to the insurance required to be 7. be maintained in effect until final payment provided by Contractor under Paragraph 504, is made unless otherwise agreed to in writing by Owner, at Owner's option, may purchase and Owner, Contractor, and Engineer with 30 days maintain at Owner's expense Owner's own liability written notice to each other additional insured to insurance as will protect Owner against claims which whom a certificate of insurance has been issued. may arise from operations under the Contract Docu- ments B. Owner shall purchase and maintain such boiler and machinery insurance or additional 5,08 Property Insurance property insurance as may be required by the Supplementary Conditions or Laws and Regulations A. Unless otherwise provided in the Supple- which will include the interests of Owner, Contractor mentary Conditions, Owner shall purchase and Subcontractors, and Engineer, and any other maintain property insurance upon the Work at the individuals or entities identified in the Supplementary Site in the amount of the full replacement cost Conditions, and the officers, directors, partners. thereof(subject to such deductible amounts as may employees, agents, consultants and subcontractors be provided in the Supplementary Conditions or of each and any of them, each of whom is deemed required by Laws and Regulations). This insurance to have an insurable interest and shall be listed as shall. an insured or additional insured 1. include the interests of Owner, C. All the policies of insurance (and the Contractor, Subcontractors, and Engineer, and any certificates or other evidence thereof) required to be other individuals or entities identified in the purchased and maintained in accordance with ERIK'C-700 Standard General Conditions of the Constr ono e Contrret. Copyright C 2002 National Society of Professional Engineers for EJCUC. All rights reuntd 00700-16 03/12 11-4179 Paragraph 5 0 will contain a provision or identified in the Supplementary Conditions to be endorsement that the coverage afforded will not be listed as insured or additional insured (and the canceled or materially changed or renewal refused officers, directors, partners agents, until at least 30 days prior written notice has been consultants and subcontractors of each and any of given to Owner and Contractor and to each other them) under such policies for losses and damages additional insured to whom a certificate of insurance so caused. None of the above waivers shall extend has been issued and will contain waiver provisions to the rights that any party making such waiver may in accordance with Paragraph 5.07, have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so D. Owner shall not be responsible for issued. purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the 8. Owner waives all rights against interests of Contractor. Subcontractors, or others in Contractor, Subcontractors. and Engineer, and the the Work to the extent of any deductible amounts officers, directors, partners, employees, agents, that are identified in the Supplementary Conditions, consultants and subcontractors of each and any of The risk of loss within such identified deductible them for amount will be borne by Contractor, Subcontractors. Of others suffering any such loss, and if any of them 1 loss due to business interruption loss of wishes property insurance coverage within the limits use, or other consequential loss extending beyond of such amounts each may purchase and maintain direct physical loss or damage to Owner's property it at the purchaser's own expense or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by E. If Contractor requests in writing that other Owner,and special insurance be included in the property insurance policies provided under Paragraph 506, 2 loss or damage to the completed Project Owner shall, if possible, include such insurance, and or part thereof caused by, arising out of or resulting the cost thereof will be charged to Contractor by from fire or other insured peril or cause of loss appropriate Change Order Prior to commencement covered by any property insurance maintained on of the Work at the Site Owner shall in writing advise the completed Project or part thereof by Owner Contractor whether or not such other insurance has during partial utilization pursuant to Paragraph been procured by Owner 14 05, after Substantial Completion pursuant to Paragraph 14.04,or after final payment pursuant to 5 07 Waiver of Rights Paragraph 14 07 A. Owner and Contractor intend that all C. Any Insurance policy maintained by policies purchased in accordance with Paragraph Owner covering any loss, damage or consequential 5.06 will protect Owner. Contractor, Subcontractors, loss referred to in Paragraph 5 07.8 shall contain and Engineer, and all other individuals or entities provisions to the effect that in the event of payment identified in the Supplementary Conditions to be of any such loss, damage,or consequential loss,the listed as insureds or additional insureds (and the insurers will have no rights of recovery against officers, director&. partners employees, agents, Contractor, Subcontractors, or Engineer and the consultants and subcontractors of each and any of officers, directors, partners, employees, agents, them) in such policies and will provide primary consultants and subcontractors of each and any of coverage for all losses and damages caused by the them. perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in 5.08 Receipt and Appircation of insurance the event of payment of any loss or damage the P%ceeds insurers will have no rights of recovery against any of the insureds or additional insureds thereunder, A. Any insured loss under the policies of Owner and Contractor waive all rights against each insurance required by Paragraph 5.06 will be other and their respective officers, directors, adjusted with Owner and made payable to Owner as partners, employees, agents, consultants and fiduciary for the insureds as their interests may subcontractors of each and any of them for all appear, subject to the requirements of any losses and damages caused by arising out of or applicable mortgage clause and of Paragraph resulting from any of the perils or causes of loss 5.08.8. Owner shalt deposit in a separate account covered by such policies and any other property any money so received and shah distribute it in insurance applicable to the Work; and. in addition, accordance with such agreement as the parties in waive all such rights against Subcontractors, and interest may reach.. If no other special agreement is Engineer, and all other individuals or entities reached, the damaged Work shall be repaired or re- EJ(:DC C-700 Standard C t Conditions of the Construction Contract. Copyright C,2002\ational Sot lay of Profe:stionat Engineers for EJCDC.All rights reserved. 00?00.1, 03/12 11-4179 placed, the moneys so received applied on account consent by endorsement on the policy or policies. thereof, and the Work and the cost thereof covered but the property insurance shall not be canceled or by an appropriate Change Order. permitted to lapse on account of any such partial use or occupancy. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing ARTICLE 6-CONTRACTOR S RESPONSIBILITIES 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 6,01 Supervision and Superintendence the insurers in accordance with such agreement as the parties in interest may reach. If no such A. Contractor shall supervise, inspect, and agreement among the parties in interest is reached, direct the Work competently and efficiently. devoting Owner as fiduciary shall adjust and settle the loss such attention thereto and applying such skills and with the insurers and if required in writing by any expertise as may be necessary to perform the Work party in interest. Owner as fiduciary shall give bond in accordance with the Contract Documents for the proper performance of such duties. Contractor shall be solely responsible for the means, methods, techniques, sequences.and procedures of 5 09 Acceptance of Bonds and Insurance. Option construction. Contractor shall not be responsible for to Replace the negligence of Owner or Engineer in the design or specification of a specific means, method, tech- A. If either Owner or Contractor has any nique, sequence,or procedure of construction which objection to the coverage afforded by or other provi- is shown or indicated in and expressly required by lions of the bonds or insurance required to be the Contract Documents. purchased and maintained by the other party in accordance with Article 5 on the basis of 8 At all times during the progress of the non-conformance with the Contract Documents, the Work, Contractor shall assign a competent resident objecting party shall so notify the other party in superintendent who shall not be replaced without writing within 10 days after receipt of the certificates written notice to Owner and Engineer except under (or other evidence requested)required by Paragraph extraordinary c4rcumstances.The superintendent will 2.01.13. Owner and Contractor shall each provide to be Contractor's representative at the Site and shall the other such additional information in respect of have authority to act on behalf of Contractor All insurance provided as the other may reasonably communications given to or received from the request. If either party does not purchase or superintendent shall be binding on Contractor. maintain all of the bonds and insurance required of such party by the Contract Documents, such party 6,02 Labor, Working Hours shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such A. Contractor shall provide competent. failure to maintain prior to any change in the suitably qualified personnel to survey and lay out the required coverage. Without prejudice to any other Work and perform construction as required by the right or remedy, the other party may elect to obtain Contract Documents. Contractor shall at all times equivalent bonds or insurance to protect such other maintain good discipline and order at the Site. party's interests at the expense of the party who was required to provide such coverage, and a Change B. Except as otherwise required for the Order shall be issued to adjust the Contract Price safety or protection of persons or the Work or accordingly. property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all 5.10 Partial Utilization, Acknowledgment of Work at the Site shall be performed during regular Properly Insurer working hours. Contractor will not permit the performance of Work on a Saturday,Sunday, or any A. If Owner finds it necessary to occupy or legal holiday without Owner's written consent(which use a portion or portions of the Work prior to Sub- will not be unreasonably withheld) given after prior stantial Completion of all the Work as provided in written notice to Engineer Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the 6.03 Services.Materials, and Equipment property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected A. Unless otherwise specified in the any changes in coverage necessitated thereby. The Contract Documents, Contractor shall provide and insurers providing the property insurance shall assume full responsibility for all services, materials HOW C 700 Standard General(ouiJutruos of the CoostrucfionContract. Copyright C 2on2!Sad anal Society of Professional Engineers for EJCOC. Ali rights resered. 00700.18 03112 11-4179 equipment, labor, transportation, construction other Suppliers may be submitted to Engineer for equipment and machinery, tools. appliances, fuel, review under the circumstances described below. power, light, heat, telephone, water. sanitary facilities, temporary facilities, and all other facilities 1, 'Or-Equal" Items: If in Engineer's sole and incidentals necessary for the performance, discretion an item of material or equipment proposed testing,start-up,and completion of the Work, by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work B. All materials and equipment incorporated will be required, it may be considered by Engineer into the Work shall be as specified or if not as an 'or-equal` item, in which case review and specified, shall be of good quality and new, except approval of the proposed item may, in Engineer's as otherwise provided in the Contract Documents sole discretion,be accomplished without compliance All special warranties and guarantees required by with some or all of the requirements for approval of the Specifications shall expressly run to the benefit proposed substitute items. For the purposes of this of Owner. If required by Engineer, Contractor shall Paragraph 6.05A.1. a proposed item of material or furnish satisfactory evidence (including reports of equipment will be considered functionally equal to required tests) as to the source, kind, and quality of an item so named if materials and equipment. a. in the exercise of reasonable judgment C. All materials and equipment shall be Engineer determines that stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in 1) it is at least equal in materials of accordance with instructions of the applicable construction, quality. durability, appearance. Supplier, except as otherwise may be provided in strength.and design characteristics; the Contract Documents. 2) it will reliably perform at least 6,04 Progress Schedule equally well the function and achieve the results imposed by the design concept of the A, Contractor shall adhere to the Progress completed Project as a functioning whole, Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as 3) it has a proven record of provided below. performance and availability of responsive service;and 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph b. Contractor certifies that. if approved and 2.07) proposed adjustments in the Progress incorporated into the Work Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provi- 1) there will be no increase in cost lions of the General Requirements applicable there- to the Owner or increase in Contract Times to. and 2. Proposed adjustments in the Progress 2) it will conform substantially to the Schedule that will change the Contract Times shall detailed requirements of the item named in be submitted in accordance with the requirements of the Contract Documents Article 12. Adjustments in Contract Times may only be made by a Change Order. 2.Substitute Items 6.05 Substitutes and'Or-Equals" a. If in Engineer's sole discretion an item of material or equipment proposed by A. Whenever an item of material or equip- Contractor does not qualify as an "or-equal" menl is specified or described in the Contract Docu- item under Paragraph 6.05 A 1, it will be merits by using the name of a proprietary item or the considered a proposed substitute item. name of a particular Supplier, the specification or description is intended to establish the type, func- b. Contractor shall submit sufficient informa- tion, appearance. and quality required. Unless the Lion as provided below to allow Engineer to specification or description contains or is followed by determine that the item of material or words reading that no like, equivalent, or'or-equal" equipment proposed is essentially equiva- item or no substitution is permitted, other items of lent to that named and an acceptable material or equipment or material or equipment of substitute therefor. Requests for review of proposed substitute items of material or F:JCUC C-100 Standard General Conditions of the Construction Contract. Copyright&200Z tiatiaoal Society of Professional Engineers for EJCDC, All rights resened. 00'00-19 03112 11-4179 equipment will not be accepted by Engineer b) available engineering, sales, from anyone other than Contractor maintenance, repair, and replacement services; c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A 2 d, 4) and shall contain an itemized as supplemented in the General estimate of all costs or credits that will result Requirements and as Engineer may decide directly or indirectly from use of such is appropriate under the circumstances substitute item, including costs of redesign and clams of other contractors affected by d. Contractor shall make written application any resulting change, to Engineer for review of a proposed substitute item of material or equipment that B. Substitute Construction Methods or Contractor seeks to furnish or use The Procedures: If a specific means, method, technique, application: sequence, or procedure of construction is expressly required by the Contract Documents, Contractor 1) shall certify that the proposed may furnish or utilize a substitute means, method, substitute item will technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit a) perform adequately the functions sufficient information to allow Engineer, in and achieve the results called for by Engineer's sole discretion, to determine that the the general design substitute proposed is equivalent to that expressly called for by the Contract Documents. The b) be similar in substance to that requirements for review by Engineer will be similar to specified: and those provided in Paragraph 6 05.A.2 c) be suited to the same use as that C. Engineer's Evaluation. Engineer will be specified; allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to 2)will state: Paragraphs 6.05 A and 6.05_B. Engineer may require Contractor to furnish additional data about a) the extent. if any, to which the the proposed substitute item. Engineer will be the use of the proposed substitute item sole judge of acceptability. No 'or equals, or will prejudice Contractor's substitute will be ordered, installed or utilized until achievement of Substantial Compte• Engineer's review is complete. which will be tion on time evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal., b) whether or not use of the Engineer will advise Contractor in writing of any proposed substitute item in the negative determination. Work will require a change in any of the Contract Documents (or in the D. Special Guarantee: Owner may require provisions of any other direct Contractor to furnish at Contractor's expense a contract with Owner for other work special performance guarantee or other surety with on the Project) to adapt the design respect to any substitute to the proposed substitute item:and E. Engineer's Cost Reimbursement c) whether or not incorporation or Engineer will record Engineer's costs in evaluating a use of the proposed substitute item substitute proposed or submitted by Contractor in connection with the Work is sub- pursuant to Paragraphs 6,05 A.2 and 6.05.E ject to payment of any license fee or Whether or not Engineer approves a substitute item royalty; so proposed cr submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer 3)will identify for evaluating each such proposed substitute. Contractor shalt also reimburse Owner for the a) all variations of the proposed charges of Engineer for making changes in the substitute item from that specified , Contract Documents (or in the provisions of any and other direct contract with Owner) resulting from the acceptance of each proposed substitute. ............__._. EJCDC C-=00 Standard General Conditions of the Conytrurdon Contract, Copyright C 20021a61)811 Societe of Professional Engineers for EJCUC. .MI rights',tuned. 00'00.20 03/12 11.4179 F. Contractor's Expense: Contractor shall Engineer to pay or to see to the payment of any provide all data in support of any proposed moneys due any such Subcontractor, Supplier, or substitute or"or-equal"at Contractor's expense other individual or entity except as may otherwise be required by Laws and Regulations. 6.06 Concerning Subcontractors, Suppliers, and Others D, Contractor shall be solely responsible for scheduling and coordinating the Work of Subcon- A. Contractor shall not employ any Subcon- tractors, Suppliers, and other individuals or entities tractor, Supplier,or other individual or entity (includ- performing or furnishing any of the Work under a ing those acceptable to Owner as indicated in direct or indirect contract with Contractor Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have E Contractor shall require all Subcontrac- reasonable objection. Contractor shall not be tors, Suppliers, and such other individuals or entities required to employ any Subcontractor, Supplier, or performing or furnishing any of the Work to commu- other individual or entity to furnish or perform any of nicate with Engineer through Contractor. the Work against whom Contractor has reasonable objection. F The divisions and sections of the Specifications and the identifications of any B. If the Supplementary Conditions require Drawings shall not control Contractor in dividing the the identity of certain Subcontractors, Suppliers, or Work among Subcontractors or Suppliers or other individuals or entities to be submitted to Owner delineating the Work to be performed by any specific in advance for acceptance by Owner by a specified trade.. date prior to the Effective Date of the Agreement. and if Contractor has submitted a list thereof in G All Work performed for Contractor by a accordance with the Supplementary Conditions, Subcontractor or Supplier will be pursuant to an Owner's acceptance(either in writing or by failing to appropriate agreement between Contractor and the make written objection thereto by the date indicated Subcontractor or Supplier which specifically binds for acceptance or objection in the Bidding the Subcontractor or Supplier to the applicable terms Documents or the Contract Documents)of any such and conditions of the Contract Documents for the Subcontractor, Supplier, or other individual or entity benefit of Owner and Engineer. Whenever any such. so identified may be revoked on the basis of reason- agreement is with a Subcontractor or Supplier who able objection after due investigation. Contractor is listed as an additional insured on the property shall submit an acceptable replacement for the insurance provided in Paragraph 5.06, the rejected Subcontractor, Supplier, or other individual agreement between the Contractor and the or entity, and the Contract Price will be adjusted by Subcontractor or Supplier will contain provisions the difference in the cost occasioned by such whereby the Subcontractor or Supplier waives all replacement, and an appropriate Change Order will rights against Owner, Contractor, and Engineer„ be issued . No acceptance by Owner of any such and all other individuals or entities identified in the Subcontractor, Supplier, or other individual or entity, Supplementary Conditions to be listed as insureds whether initially or as a replacement, shall constitute or additional insureds (and the officers, directors. a waiver of any right of Owner or Engineer to reject partners,, employees, agents, consultants and defective Work. subcontractors of each and any of them) for all losses and damages caused by, arising out of, C. Contractor shall be fully responsible to relating to, or resulting from any of the perils or Owner and Engineer for all acts and omissions of causes of loss covered by such policies and any the Subcontractors, Suppliers, and other individuals other property insurance applicable to the Work. If or entities performing or furnishing any of the Work the insurers on any such policies require separate just as Contractor is responsible for Contractor's waiver forms to be signed by any Subcontractor or own acts and omissions. Nothing in the Contract Supplier,Contractor will obtain the same. Documents; 6.07 Patent Fees and Royalties 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity A. Contractor shall pay all license fees and any contractual relationship between Owner ar royalties and assume all costs incident to the use in Engineer and any such Subcontractor, Supplier or the performance of the Work or the incorporation in other individual or entity, nor the Work of any invention,design, process, product, or device which is the subject of patent rights or 2. shall anything in the Contract Documents copyrights held by others. If a particular invention, create any obligation on the part of Owner or design, process, product, or device is specified in LICK C-700 Standard Cenral Conditions or the Canstruetiac Contract. Crap?right C 2002 National Socitt)of Professional Engineers far EJCDC. !11 rights rtstrttd. 00740-21 03/12 114179 the Contract Documents for use in the performance this shall not relieve Contractor of Contractor's of the Work and if to the actual knowledge of Owner obligations under Paragraph 3.03. or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee C. Changes in Laws or Regulations not or royalty to others,the existence of such rights shalt known at the time of opening of Bids (or, on the be disclosed by Owner in the Contract Documents, Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of B. To the fullest extent permitted by Laws performance of the Work shall be the subject of an and Regulations, Contractor shall indemnify and adjustment in Contract Price or Contract Times If hold harmless Owner and Engineer, and the officers. Owner and Contractor are unable to agree on directors, partners, employees, agents, consultants entitlement to or on the amount or extent, if any of and subcontractors of each and any of them from any such adjustment, a Claim may be made therefor and against all claims, costs, losses, and damages as provided in Paragraph 10.06. (including but not limited to all fees and charges of engineers, architects, attorneys, and other 6.10 Taxes professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to A. Contractor shall pay all sales consumer, any infringement of patent rights or copyrights use and other similar taxes required to be paid by incident to the use in the performance of the Work or Contractor in accordance with the Laws and resulting from the incorporation in the Work of any Regulations of the place of the Project which are invention, design, process product, or device not applicable during the performance of the Work. specified in the Contract Documents. 6.11 Use of Site and Other Areas 6.08 Permits A. Limstation on Use of Site and Other Areas A. Unless otherwise provided in the Supple- mentary Conditions, Contractor shall obtain and pay 1. Contractor shall confine construction for all construction permits and licenses. Owner shall equipment, the storage of materials and equipment, assist Contractor,when necessary, in obtaining such and the operations of workers to the Site and other permits and licenses. Contractor shall pay all areas permitted by Laws and Regulations and shall governmental charges and inspection fees not unreasonably encumber the Site and other areas necessary for the prosecution of the Work which are with construction equipment or other materials or applicable at the time of opening of Bids, or, if there equipment, Contractor shall assume full are no Bids, on the Effective Date of the Agreement responsibility for any damage to any such land or Owner shall pay all charges of utility owners for area, or to the owner or occupant thereof, or of any connections for providing permanent service to the adjacent land or areas resulting from the Work, performance of the Work. 6.09 Laws and Regulations 2. Should any claim be made by any such owner or occupant because of the performance of A. Contractor shall give all notices required the Work. Contractor shall promptly settle with such by and shall comply with all Laws and Regulations other party by negotiation or otherwise resolve the applicable to the performance of the Work. Except claim by arbitration or other dispute resolution where otherwise expressly required by applicable proceeding or at law Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's 3. To the fullest extent permitted by Laws compliance with any Laws or Regulations. and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer and the officers, B. If Contractor performs any Work knowing directors, partners, employees, agents, consultants or having reason to know that it is contrary to Laws and subcontractors of each and any of them from or Regulations, Contractor shall bear all claims, and against all claims, costs, losses, and damages costs, losses, and damages (including but not (including but not limited to all fees and charges of limited to all fees and charges of engineers, engineers, architects, attorneys, and other architects, attorneys, and other professionals and all professionals and all court or arbitration or other court or arbitration or other dispute resolution costs) dispute resolution costs)arising out of or relating to arising out of or relating to such Work. However, it any claim or action, legal or equitable, brought by shall not be Contractor's primary responsibility to any such owner or occupant against Owner, make certain that the Specifications and Drawings Engineer, or any other party indemnified hereunder are in accordance with Laws and Regulations, but FJCI)C C•700 standard General Conditions of the Construction COMrad. Cop?right{2002:National Sochi)of Professional Engineers for EJCDC. All rig%reserved. 00700-22 03112 11.4 179 to the extent caused by or based upon Contractors 2.all the Work and materials and equipment performance of the Work to be incorporated therein, whether in storage on or off the Site:and B. Removal of Debris During Performance of the Work: During the progress of the Work 3. other properly at the Site or adjacent Contractor shall keep the Site and other areas free thereto, including trees, shrubs, lawns, walks, pave- from accumulations of waste materials, rubbish and merits, roadways, structures, utilities, and Under- other debris. Removal and disposal of such waste ground Facilities not designated for removal, vetoes- materials, rubbish, and other debris shall conform to tion,or replacement in the course of construction. applicable Laws and Regulations. B. Contractor shall comply with all applicable C, Cleaning Prior to Substantial Completion Laws and Regulations relating to the safety of of the Work Contractor shall clean the Site and the persons or property, or to the protection of persons Work and make it ready for utilization by Owner. At or property from damage, injury, or loss, and shall the completion of the Work Contractor shall remove erect and maintain all necessary safeguards for from the Site all tools, appliances, construction such safety and protection, Contractor shall notify equipment and machinery, and surplus materials owners of adjacent property and of Underground and shall restore to original condition all property not Facilities and other utility owners when prosecution designated for alteration by the Contract of the Work may affect them, and shall cooperate Documents, with them in the protection, removal, relocation, and replacement of their property.. 0. Loading Structures, Contractor shall not load nor permit any part of any structure to be C.All damage, injury or loss to any property loaded in any manner that will endanger the referred to in Paragraph 6.13.A,2 or 6.13.A.3 structure, nor shall Contractor subject any part of the caused, directly or indirectly, in whole or in part, by Work or adjacent property to stresses or pressures Contractor, any Subcontractor, Supplier, or any that will endanger it other individual or entity directly or indirectly em- ployed by any of them to perform any of the Work or 6 12 Record Documents anyone for whose acts any of them may be liable, shall be remedied by Contractor(except damage or A. Contractor shall maintain in a safe place loss attributable to the fault of Drawings or at the Site one record copy of all Drawings. Specifications or to the acts or omissions of Owner Specifications, Addenda, Change Orders, Work or Engineer or,or anyone employed by any of them, Change Directives, Field Orders, and written or anyone for whose acts any of them may be liable. interpretations and clarifications in good order and and not attributable,directly or indirectly, in whole or annotated to show changes made during construe- in part, to the fault or negligence of Contractor or lion. These record documents together with all any Subcontractor, Supplier, or other individual or approved Samples and a counterpart of all approved entity directly or indirectly employed by any of them). Shop Drawings will be available to Engineer for reference, Upon completion of the Work, these D. Contractor's duties and responsibilities record documents,Samples,and Shop Drawings will for safety and for protection of the Work shall be delivered to Engineer for Owner continue until such time as all the Work is completed and Engineer has issued a notice to Owner and 6.13 Safety and Protection Contractor in accordance with Paragraph 14 07.B that the Work is acceptable(except as otherwise ex- A. Contractor shall be solely responsible for pressly provided in connection with Substantial initiating, maintaining and supervising all safety Completion), precautions and programs in connection with the Work. Contractor shall take all necessary 6,14 Safety Representative precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or A. Contractor shall designate a qualified and loss to experienced safety representative at the Site whose duties and responsibilities shall be the prevention of 1. all persons on the Site or who may be accidents and the maintaining and supervising of affected by the Work, safety precautions and programs EJCDC C•750 Standard General Conditions of the Coeslructlen Contract. Coo right C 2002 National Sochi)of Professional Engineers for EJCDC. .MI rights reversed, 00100-23 03/12 11-4179 6.15 Hazard Communication Programs and other data as Engineer may require to enable Engineer to review the submittal for A.Contractor shalt be responsible for coordi- the limited purposes required by Paragraph Hating any exchange of material safety data sheets 6.17.0. or other hazard communication information required to be made available to or exchanged between or B. Where a Shop Drawing or Sample is re- among employers at the Site in accordance with quired by the Contract Documents or the Schedule Laws or Regulations. of Submittals. any related Work performed prior to Engineer's review and approval of the pertinent 616 Emergencies submittal will be at the sole expense and responsibility of Contractor. A. In emergencies affecting the safety or protection of persons or the Work or property at the C.Submittal Procedures Site or adjacent thereto. Contractor is obligated to act to prevent threatened damage injury, or loss. 1. Before submitting each Shop Drawing or Contractor shall give Engineer prompt written notice Sample, Contractor shall have determined and veri- if Contractor believes that any significant changes in tied: the Work or variations from the Contract Documents have been caused thereby or are required as a a. all field measurements,quantities.. dirnen- result thereof. If Engineer determines that a change sions, specified performance and design in the Contract Documents is required because of criteria, installation requirements materials, the action taken by Contractor in response to such catalog numbers, and similar information an emergency, a Work Change Directive or Change with respect thereto, Order will be issued. b: the suitability of all materials with respect 6 17 Shop Drawings and Samples to intended use, fabrication, shipping, han- dling, storage, assembly, and installation A Contractor shall submit Shop Drawings pertaining to the performance of the Work: and Samples to Engineer for review and approval in accordance with the acceptable Schedule of c. all information relative to Contractor's Submittals (as required by Paragraph 2,07). Each responsibilities for means. methods, tech- submittal will be identified as Engineer may require niques, sequences. and procedures of construction, and safety precautions and 1 Shop Drawings programs incident thereto.and a.. Submit number of copies specified in the d. shall also have reviewed and coordinated General Requirements, each Shop Drawing or Sample with other Shop Drawings and Samples and with the b. Data shown on the Shop Drawings will be requirements of the Work and the Contract complete with respect to quantities, dimen- Documents. sions, specified performance and design criteria, materials, and similar data to show 2. Each submittal shall bear a stamp or Engineer the services, materials. and specific written certification that Contractor has sots- equipment Contractor proposes to provide Pied Contractors obligations under the Contract and to enable Engineer to review the Documents with respect to Contractor's review and information for the limited purposes required approval of that submittal by Paragraph 6.17 D. 3. With each submittal, Contractor shall give 2. Samples. Contractor shall also submit Engineer specific written notice of any variations. Samples to Engineer for review and approval in that the Shop Drawing or Sample may have from the accordance with the acceptable schedule of Shop requirements of the Contract Documeents. This notice Drawings and Sample submittals shall be both a written communication separate from the Shop Drawing's or Sample Submittal: and, in a. Submit number of Samples specified in addition, by a specific notation made on each Shop the Specifications. Drawing or Sample submitted to Engineer for review and approval of each such venation. b. Clearly identify each Sample as to material, Supplier, pertinent data such as D Engineer's Review catalog numbers.the use for which intended t:JCDCC 700 Standard General Conditions of the ConstruttronContract. Copgrigdt c 2002'Salinas!Society or Professional Engineers for EJCDC. All rights restored, 00100-24 03/12 11-4179 6.19 Contractor's General Warranty and Guaran- 1. Engineer will provide timely review of tee Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. A. Contractor warrants and guarantees to Engineer's review and approval will be only to deter- Owner that all Work will be in accordance with the mine if the items covered by the submittals will after Contract Documents and will not be defective. installation or incorporation in the Work, conform to Engineer and its Related Entities shall be entitled to the information given in the Contract Documents and rely on representation of Contractor's warranty and be compatible with the design concept of the guarantee.. completed Project as a functioning whole as indicated by the Contract Documents. 8. Contractor's warranty and guarantee hereunder excludes defects or damage caused by 2, Engineer's review and approval will not extend to means, methods, techniques, sequences, 1 abuse, modification, or improper main- or procedures of construction (except where a tenance or operation by persons other than particular means, method, technique, sequence, or Contractor, Subcontractors, Suppliers, or any other procedure of construction is specifically and ex- individual or entity for whom Contractor is pressly called for by the Contract Documents) or to responsible;or safety precautions or programs incident thereto. The review and approval of a separate item as such will 2. normal wear and tear under normal not indicate approval of the assembly in which the usage. item functions. C. Contractors obligation to perform and 3 Engineer's review and approval shall not complete the Work in accordance with the Contract relieve Contractor from responsibility for any Documents shall be absolute. None of the following variation from the requirements of the Contract will constitute an acceptance of Work that is not in Documents unless Contractor has complied with the accordance with the Contract Documents or a requirements of Paragraph 6.17.C.3 and Engineer release of Contractor's obligation to perform the has given written approval of each such variation by Work in accordance with the Contract Documents specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. 1. observations by Engineer; Engineer's review and approval shall not relieve Contractor from responsibility for complying with the 2. recommendation by Engineer or payment requirements of Paragraph 6 1 C 1 by Owner of any progress or final payment; E. Resubmittat Procedures 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related 1 Contractor shall make corrections thereto by Owner; required by Engineer and shall return the required number of corrected copies of Shop Drawings and 4. use or occupancy of the Work or any part submit, as required, new Samples for review and thereof by Owner. approval. Contractor shall direct specific attention in writing to revisions other than the corrections called 5. any review and approval of a Shop Draw- for by Engineer on previous submittals ing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6.18 Continuing the Work 6. any inspection, test, or approval by A Contractor shall carry on the Work and others;or adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be 7. any correction of defective Work by delayed or postponed pending resolution of any Owner. disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may 6.20 Indemnification otherwise agree in writing. 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 F2(DC-C-700 Standard General Conditions oflite Construction Contract. Cop?right C.2002 Sational Sot lets of Professional Engineers For EJCKC. %II rights rttersed. 00700 23 03/12 11-4179 and against all claims, costs, tosses, and damages required to provide professional services in violation (including but not limited to all fees and charges of of applicable law. engineers, architects, attorneys, and other professionals and all court or arbitration or other B. If professional design services or dispute resolution costs) arising out of or relating to certifications by a design professional related to the performance of the Work,provided that any such systems, materials or equipment are specifically claim, cost. loss, or damage is attributable to bodily required of Contractor by the Contract Documents. injury, sickness, disease, or death, or to injury to or Owner and Engineer will specify all performance and destruction of tangible property(other than the Work design criteria that such services must satisfy. itself), including the loss of use resulting therefrom Contractor shall cause such services or certifications but only to the extent caused by any negligent act or to be provided by a properly licensed professional, omission of Contractor, any Subcontractor, any whose signature and seal shall appear an all Supplier, or any individual or entity directly or drawings, calculations. specifications, certifications, indirectly employed by any of them to perform any of Shop Drawings and other submittals prepared by the Work or anyone for whose acts any of them may such professional. Shop Drawings and other be liable submittals related to the Work designed or certified by such professional, if prepared by others, shall 8. In any and all claims against Owner or bear such professional's written approval when Engineer or any of their respective consultants, submitted to Engineer. agents,officers.directors.partners, or employees by any employee (or the survivor or personal C. Owner and Engineer shall be entitled to representative of such employee)of Contractor, any rely upon the adequacy, accuracy and completeness Subcontractor, any Supplier; or any individual or of the services,certifications or approvals performed entity directly or indirectly employed by any of them by such design professionals, provided Owner and to perform any of the Work, or anyone for whose Engineer have specified to Contractor all acts any of them may be liable, the indemnification performance and design criteria that such services obligation under Paragraph 6.20 A shall not be must satisfy. limited in any way by any limitation on the amount or type of damages compensation, or benefits payable D. Pursuant to this Paragraph 6 21 by or for Contractor or any such Subcontractor, Engineer's review and approval of design Supplier, or other individual or entity under workers' calculations and design drawings will be only for the compensation acts, disability benefit acts, or other limited purpose of checking for conformance with employee benefit acts performance and design criteria given and the design concept expressed in the Contract C. The indemnification obligations of Documents. Engineer's review and approval of Shop Contractor under Paragraph 6.20.A shall not extend Drawings and other submittals (except design to the liability of Engineer and Engineer's officers, calculations and design drawings)will be only for the directors, partners, employees, agents, consultants purpose stated in Paragraph 6,17 D.1. and subcontractors arising out of E Contractor shall not be responsible for the 1. the preparation or approval of, or the adequacy of the performance or design criteria failure to prepare or approve, maps, Drawings. required by the Contract Documents. opinions, reports, surveys, Change Orders. designs, or Specifications;or ARTICLE 7-OTHER WORK AT THE SITE 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage, 7.01 Related Work at Site 6 21 Delegation of Professional Design Services A. Owner may perform other work related to the Project at the Site with Owner's employees, or A. Contractor will not be required to provide via other direct contracts therefor, or have other professional design services unless such services work performed by utility owners. If such other work are specifically required by the Contract Documents is not noted in the Contract Documents,then, for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for 1. written notice thereof will be given to construction means, methods, techniques, Contractor prior to starting any such other work;and sequences and procedures. Contractor shall not be EJ(DC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Swirls of Professional Engineers for EJCUC. an rights resened, 00700.26 03/12 11-4179 2. if Owner and Contractor are unable to 3. the extent of such authority and responsi- agree on entitlement to or on the amount or extent, if bilities will be provided any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of B. Unless otherwise provided in the such other work, a Claim may be made therefor as Supplementary Conditions, Owner shall have sole provided in Paragraph 10:05: authority and responsibility for such coordination. B. Contractor shall afford each other 7.03 Legal Relationships contractor who is a party to such a direct contract, each utility owner and Owner, if Owner is performing A. Paragraphs 7.01 A and 7.02 are not other work with Owner's employees, proper and safe applicable for utilities not under the control of Owner. access to the Site, a reasonable opportunity for the introduction and storage of materials and equipment B. Each other direct contract of Owner under and the execution of such other work, and shall Paragraph 7.01.A shall provide that the other properly coordinate the Work with theirs. Contractor contractor is liable to Owner and Contractor for the shall do all cutting, fitting, and patching of the Work reasonable direct delay and disruption costs that may be required to properly connect or incurred by Contractor as a result of the other otherwise make its several parts come together and contractors actions or inactions. properly integrate with such other work. Contractor shall not endanger any work of others by cutting, C. Contractor shall be liable to Owner and excavating. or otherwise altering their work and will any other contractor for the reasonable direct delay only cut or alter their work with the written consent of and disruption costs incurred by such other Engineer and the others whose work will be affect- contractor as a result of Contractor's action or ed. The duties and responsibilities of Contractor inactions, 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 ARTICLE 8-OWNERS RESPONSIBILITIES Contractor in said direct contracts between Owner and such utility owners and other contractors. 8.01 Communications to Contractor C. If the proper execution or results of any part of Contractors Work depends upon work per- A. Except as otherwise provided in these formed by others under this Article 7, Contractor General Conditions. Owner shall issue all communi- shall inspect such other work and promptly report to cations to Contractor through Engineer Engineer in writing any delays, defects, or deficien- cies in such other work that render it unavailable or 8.02 Replacement of Engineer unsuitable for the proper execution and results of Contractor's Work. Contractors failure to so report A. In case of termination of the employment will constitute an acceptance of such other work as of Engineer, Owner shall appoint an engineer to fit and proper for integration with Contractor's Work whom Contractor makes no reasonable objection, except for latent defects and deficiencies in such whose status under the Contract Documents shall other work be that of the former Engineer 7.02 Coordination 8.03 Furnish Data A, If Owner intends to contract with others A. Owner shall promptly furnish the data for the performance of other work on the Project at required of Owner under the Contract Documents. the Site, the following will be set forth in Supplementary Conditions 8.04 Pay!Mien Due 1. the individual or entity who will have A. Owner shall make payments to authority and responsibility for coordination of the Contractor when they are due as provided in activities among the various contractors will be Paragraphs 14.02.0 and 14.07 C identified; 8.05 Lands and Easements;Reports and Tests 2. the specific matters to be covered by such authority and responsibility will be itemized; and A. Owners duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in FJCAC C-100 Standard General Conditions of the Construction Contract, Copyright C 2002 National Society of Professional Engineers for FJCDC. Ali rights reserstd. 00"00.27 03112 11.4179 Paragraphs 4,01 and 4.05. Paragraph 4.02 refers to ARTICLE 9 - ENGINEERS STATUS DURING Owner's identifying and making available to CONSTRUCTION Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface 9.01 Owner's Representative or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the A. Engineer will be Owner's representative Contract Documents.. during the construction period. The duties and responsibilities and the limitations of authority of 8.06 Insurance Engineer as Owner's representative during construction are set forth in the Contract Documents A. Owners responsibilities, if any, in respect and will not be changed without written consent of to purchasing and maintaining liability and property Owner and Engineer. insurance are set forth in Article 5. 9.02 Visits to Site 8,07 Change Orders A. Engineer will make visits to the Site at A. Owner is obligated to execute Change intervals appropriate to the various stages of Orders as indicated in Paragraph 10 03 construction as Engineer deems necessary in order to observe as an experienced and qualified design 8.08 Inspections Tests, and Approvals professional the progress that has been made and the quality of the various aspects of Contractor's A. Owner's responsibility in respect to executed Work. Based on information obtained certain inspections, tests, and approvals is set forth during such visits and observations. Engineer, for in Paragraph 13.03 B the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract 8.09 Limitations on Owner's Responsibilities Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to A, The Owner shall not supervise, direct, or check the quality or quantity of the Work. Engineer's have control or authority over, nor be responsible efforts will be directed toward providing for Owner a for means. methods, techniques, se- greater degree of confidence that the completed quences,or procedures of construction,,or the safety Work will conform generally to the Contract precautions and programs incident thereto, or for Documents. On the basis of such visits and any failure of Contractor to comply with Laws and observations, Engineer will keep Owner informed of Regulations applicable to the performance of the the progress of the Work and will endeavor to guard Work. Owner will not be responsible for Contractor's Owner against defective Work. failure to perform the Work in accordance with the Contract Documents B. Engireer's visits and observations are subject to all the ;imitations on Engineers authority 8.10 Undisclosed Hazardous Environmental and responsibility set forth in Paragraph 9.09. Condition Particularly, but without limitation, during or as a result of Engineers visits or observations of A. Owners responsibility in respect to an Contractor's Work Engineer will not supervise, undisclosed Hazardous Environmental Condition is direct, control, or have authority over or be set forth in Paragraph 4.06. responsible for Contractor's means, methods, techniques, sequences, or procedures of construc- 8.11 Evidence of Financial Arrangements lion,or the safety precautions and programs incident thereto, or for any failure of Contractor to comply A. If and to the extent Owner has agreed to with Laws and Regulations applicable to the furnish Contractor reasonable evidence that financial performance of the Work. arrangements have been made to satisfy Owners obligations under the Contract.Documents, Owner's 9.03 Project Representative responsibility in respect thereof will be as set forth in the Supplementary Conditions. 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 FA DC C-?00 Standard General Coadidons ditto Coostru(hoo Cool roe 1. Cop}righl C 2002 alionaI Societe of Professional Engineers for EJCDC, Aii riglls men d. 00"00-221 03/12 11-4179 the Supplementary Conditions, and limitations on D. In connection with Engineer's authority as the responsibilities thereof will be as provided in to Applications for Payment,see Article 14 Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the 9.07 Determinations for Unit Price Work Site who is not Engineer's consultant, agent or em- ployee, the responsibilities and authority and A. Engineer will determine the actual quanti- limitations thereon of such other individual or entity ties and classifications of Unit Price Work performed will be as provided in the Supplementary Conditions. by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such 9.04 Authorized Variations in Work matters before rendering a written decision thereon (by recommendation of an Application for Payment A Engineer may authorize minor variations or otherwise). Engineer's written decision thereon in the Work from the requirements of the Contract will be final and binding (except as modified by Documents which do not involve an adjustment in Engineer to reflect changed factual conditions or the Contract Price or the Contract Times and are more accurate data) upon Owner and Contractor, compatible with the design concept of the completed subject to the provisions of Paragraph 10.05. Project as a functioning whole as indicated by the Contract Documents. These may be accomplished 9.08 Decisions on Requirements of Contract by a Field Order and will be binding on Owner and Documents and Acceptability of Work also on Contractor, who shall perform the Work in- volved promptly. If Owner or Contractor believes that A. Engineer will be the initial interpreter of a Field Order justifies an adjustment in the Contract the requirements of the Contract Documents and Price or Contract Times, or both, and the parties are judge of the acceptability of the Work thereunder All unable to agree on entitlement to or on the amount matters in question and other matters between or extent, if any of any such adjustment , a Claim Owner and Contractor arising prior to the date final may be made therefor as provided in Paragraph payment is due relating to the acceptability of the 10.05. Work, and the interpretation of the requirements of the Contract Documents pertaining to the 9.05 Rejecting Defective Work performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving A. Engineer will have authority to reject rise to the question Work which Engineer believes to be defective, or that Engineer believes will not produce a completed B. Engineer will, with reasonable Project that conforms to the Contract Documents or promptness, render a written decision on the issue that will prejudice the integrity of the design concept referred. If Owner or Contractor believe that any of the completed Project as a functioning whole as such decision entitles them to an adjustment in the indicated by the Contract Documents. Engineer will Contract Price or Contract Times or both, a Claim also have authority to require special inspection or may be made under Paragraph 10.05 The date of testing of the Work as provided in Paragraph 13.04, Engineer's decision shall be the date of the event whether or not the Work is fabricated, installed, or giving rise to the issues referenced for the purposes completed. of Paragraph 10.05.8. 9.06 Shop Drawings, Change Orders and C. Engineer's written decision on the issue Payments referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph A. In connection with Engineer's authority, 10.05 and limitations thereof. as to Shop Drawings and Samples, see Paragraph 6.17 0. When functioning as interpreter and judge under this Paragraph 9 08, Engineer will not B. In connection with Engineer's authority, show partiality to Owner or Contractor and will not and limitations thereof, as to design calculations and be liable in connection with any interpretation or design drawings submitted in response to a decision rendered in good faith in such capacity. delegation of professional design services, if any. see Paragraph 6 21. 9.09 Limitations on Engineers Authority and Responsibilities C. In connection with Engineer's authority as to Change Orders,see Articles 10, 11,and 12. A. Neither Engineer's authority or respon- sibility under this Article 9 or under any other provi- sion of the Contract Documents nor any decision FJCDC C-700 Standard General Conditions or the Construction Contract Cop?right C.2002 National Socieo or Professional Engineers for LICK, :ill rights tom ed. 00700-I9 03/12 114179 made by Engineer in good faith either to exercise or B. If O,niner and Contractor are unable to not exercise such authority or responsibility or the agree on entitlement to, or on the amount or extent, undertaking, exercise, or performance of any if arty, of an adjustment in the Contract Price or authority or responsibility by Engineer shall create, Contract Times,or both,that should be allowed as a impose, or give rise to any duty in contract, tort, or result of a Work Change Directive, a Claim may be otherwise owed by Engineer to Contractor, any made therefor as provided in Paragraph 10.05. Subcontractor, any Supplier. any other individual or entity, or to any surety for or employee or agent of 10.02 Unauthorized Changes in the Work any of them. A.Contractor shall not be entitled to an 8. Engineer will not supervise, direct, increase in the Contract Price or art extension of the control, or have authority over or be responsible for Contract Times with respect to any work performed Contractor's means, methods, techniques, se- that is not required by the Contract Documents as quences,or procedures of construction,or the safety amended, modified,or supplemented as provided in precautions and programs incident thereto, or for Paragraph 3.04. except in the case of an emergency any failure of Contractor to comply with Laws and as provided in Paragraph 6.16 or in the case of Regulations applicable to the performance of the uncovering Work as provided in Paragraph 13.04.8: Work. Engineer will not be responsible for Contractor's failure to perform the Work in accor- 10.03 Execution of Change Orders dance with the Contract Documents. A. Owner and Contractor shall execute C. Engineer will not be responsible for the appropriate Change Orders recommended by acts or omissions of Contractor or of any Engineer covering Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. 1. changes in the Work which are. (I) ordered by Owner pursuant to Paragraph 10 01 A. 0 Engineer's review of the final Application (ii) required because of acceptance of defective for Payment and accompanying documentation and Work under Paragraph 13 08.A or Owner's all maintenance and operating instructions, correction of defective Work under Paragraph 13 09 schedules, guarantees. bonds. certificates of or(iii)agreed to by the parties inspection, tests and approvals, and other documen- tation required to be delivered by Paragraph 14.07.A 2. changes in the Contract Price or Contract will only be to determine generally that their content Times which are agreed to by the parties, including complies with the requirements of, and in the case of any undisputed sum or amount of time for Work certificates of inspections, tests, and approvals that actually performed in accordance with a Work the results certified indicate compliance with the Change Directive,and Contract Documents. 3. changes in the Contract Price or Contract E. The limitations upon authority and Times which embody the substance of any written responsibility set forth in this Paragraph 9.09 shall decision rendered by Engineer pursuant to also apply to, the Resident Project Representative, if Paragraph 10.05. provided that, in lieu of executing any,and assistants, if any any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and ARTICLE 10-CHANGES IN THE WORK, CLAIMS applicable Laws and Regulations, but during any such appeal,Contractor shall carry on the Work and adhere to the Progress Schedule as provided in 10.01 Authorized Changes in the Work Paragraph 6.18 A. A, Without invalidating the Contract and 10.04 Notification to Surety without notice to any surety,Owner may, at any time or from time to time, order additions, deletions, or A, If notice of any change affecting the revisions in the Work by a Change Order, or a Work general scope of the Work or the provisions of the Change Directive. Upon receipt of any such Contract Documents (including, but not limited to, document, Contractor shall promptly proceed with Contract Price or Contract Times)is required by the the Work involved which will be performed under the provisions of any bond to be given to a surety, the applicable conditions of the Contract Documents giving of any such notice will be Contractor's (except as otherwise specifically provided). responsibility. The amount of each applicable bond EJCtIC C-700 Standard Geste rat Conditions of the Construction Contract. Copyright C 2002 National 5Klrt1 of Professional Engineers for FJCnc'. All rights resersed. 00700-JO 03112 11-4179 will be adjusted to reflect the effect of any such change. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 1006 Claims 10.0&C.3 or 10.05.0 will be final and binding upon Owner and Contractor, unless Owner or Contractor A. Engineer's Decision Required:All Claims, invoke the dispute resolution procedure set forth in except those waived pursuant to Paragraph 14 09, Article 18 within 30 days of such action or denial. shall be referred to the Engineer for decision. A decision by Engineer shall be required as a F. No Claim for an adjustment in Contract condition precedent to any exercise by Owner or Price or Contract Times will be valid if not submitted Contractor of any rights or remedies either may in accordance with this Paragraph 10.05. otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. ARTICLE 11 - COST OF THE WORK, 8. Notice: Written notice staling the general ALLOWANCES:UNIT PRiCE WORK nature of each Claim, shall be delivered by the claimant to Engineer and the other patty to the —-_ Contract promptly (but in no event later than 30 11.01 Cost of the Work days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest A Costs included The term Cost of the with the party making the Claim. Notice of the Work means the sum of all costs, except those amount or extent of the Claim, with supporting data excluded in Paragraph 11 01 Et, necessarily incurred shall be delivered to the Engineer and the other and paid by Contractor in the proper performance of party to the Contract within 80 days after the start of the Work. When the value of any Work covered by a such event (unless Engineer allows additional time Change Order or when a Claim for art adjustment in for claimant to submit additional or more accurate Contract Price is determined on the basis of Cost of data in support of such Claim). A Claim for an the Work the costs to be reimbursed to Contractor adjustment in Contract Price shall be prepared in will be only those additional or incremental costs accordance with the provisions of Paragraph required because of the change in the Work or 12.01.8,A Claim for an adjustment in Contract Time because of the event giving rise to the Claim. Except shall be prepared in accordance with the provisions as otherwise may be agreed to in writing by Owner. of Paragraph 12.02.8. Each Claim shall be accom- such costs shall be in amounts no higher than those partied by claimants written statement that the prevailing in the locality of the Project, shall include adjustment claimed is the entire adjustment to which only the following items, and shall not include any of the claimant believes it is entitled as a result of said the costs itemized in Paragraph 1101 8. event. The opposing party shall submit any response to Engineer and the claimant within 30 1. Payroll costs for employees in the direct days after receipt of the claimant s last submittal employ of Contractor in the performance of the Work (unless Engineer allows additional time). under schedules of job classifications agreed upon by Owner and Contractor, Such employees shall C. E'ngineers Action, Engineer will review include,, without limitation, superintendents, foremen, each Claim and, within 30 days after receipt of the and other personnel employed full time at the Site last submittal of the claimant or the last submittal of Payroll costs for employees not employed full time the opposing party, if any, take one of the following on the Work shall be apportioned on the basis of actions in writing: their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages 1. deny the Claim in whole or in part, plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise. 2. approve the Claim,or and payroll taxes, workers' compensation, health and retirement benefits. bonuses, sick leave, 3. notify the parties that the Engineer is vacation and holiday pay applicable thereto. The unable to resolve the Claim if, in the Engineer's sole expenses of performing Work outside of regular discretion, it would be inappropriate for the Engineer working hours. on Saturday, Sunday, or legal to do so For purposes of further resolution of the holidays,shall be included in the above to the extent Claim, such notice shall be deemed a denial. authorized by Owner. 0. In the event that Engineer does not take 2. Cost of all materials and equipment fur action on a Claim within-said 30 days. the Claim rushed and incorporated in the Work, including costs shall be deemed denied, of transportation and storage thereof, and Suppliers' CJCDC C-700 Standard General Conditions of the Construction Contract, Cop+right f 2002 National Societe of Professional Engineers for(,ICDC. .%ii rights reserved. 00'00-31 03/12 11 4179 field services required in connection therewith, All cash discounts shall accrue to Contractor unless d. Sales consumer, use and other similar Owner deposits funds with Contractor with which to taxes related to the Work, and for which make payments, in which case the cash discounts Contractor is liable, imposed by Laws and shall accrue to Owner. All trade discounts, rebates Regulations. and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and a.. Deposits lost for causes other than negli- Contractor shall make provisions so that they may genre of Contractor, any Subcontractor. or be obtained. anyone directly or indirectly employed by any of them or for whose acts any of them 3 Payments made by Contractor to may be liable, and royalty payments and Subcontractors for Work performed by fees for permits and licenses. Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors f. Losses and damages (and related acceptable to Owner and Contractor and shall expenses) caused by damage to the Work deliver such bids to Owner, who will then determine, not compensated by insurance or otherwise. with the advice of Engineer, which bids, if any, will sustained by Contractor in connection with be acceptable. If any subcontract provides that the the performance of the Work (except losses Subcontractor is to be paid on the basis of Cost of and damages within the deductible amounts the Work plus a fee, the Subcontractors Cost of the of property insurance established in Work and fee shall be determined in the same accordance with Paragraph 5 06.0). manner as Contractor's Cost of the Work and fee as provided such losses and damages have provided in this Paragraph 11.01. resulted from causes other than the negli- gence of Contractor, any Subcontractor, or 4. Costs of special consultants(including but anyone directly or indirectly employed by not limited to Engineers, architects. testing laborato- any of them or for whose acts any of them res, surveyors, attorneys and accountants) em- may be liable. Such losses shalt include ployed for services specifically related to the Work settlements made with the written consent and approval of Owner. No such losses. 5. Supplemental costs including the damages. and expenses shall be included in following the Cost of the Work for the purpose of determining Contractor's fee. a, The proportion of necessary trans- portation, travel, and subsistence expenses g. The cost of utilities, fuel. and sanitary of Contractor's employees incurred in dis- facilities at the Site charge of duties connected with the Work. h. Minor expenses such as telegrams, long b. Cost, including transportation and mainte- distance telephone calls, telephone service nonce, of all materials, supplies, equipment, at the Site expresses, and similar petty machinery, appliances, office, and tempo- cash items in connection with the Work. rary facilities at the Site, and hand tools not owned by the workers, which are consumed i. The costs of premiums for all bonds and in the performance of the Work, and cost, insurance Contractor is required by the less market value, of such items used but Contract Documents to purchase and not consumed which remain the property of maintain Contractor. 8. Costs Excluded. The term Cost of the c. Rentals of all construction equipment and Work shalt not include any of the following items: machinery, and the parts thereof whether rented from Contractor or others in accor- 1, Payroll costs and other compensation of dance with rental agreements approved by Contractor's officers, executives, principals (of Owner with the advice of Engineer, and the partnerships and sole proprietorships), general costs of transportation, loading, unloading, managers, safety managers, engineers, architects.. assembly, dismantling, and removal thereof estimators, attorneys, auditors, accountants. All such costs shall be in accordance with purchasing and contracting agents, expediters, the terms of said rental agreements. The timekeepers, clerks, and other personnel employed rental of any such equipment, machinery, or by Contractor,whether at the Site or in Contractor's parts shall cease when the use thereof is no principal or branch office for general administration longer necessary for the Work. of the Work and not specifically included in the EJCDC C-700 Standard General Conditions of the Construction Coatratt. Cap}right C 2002'Collette Sot(ety of Professional Engineers for EJCKC. .%II rights reversed. 00"00-32 03112 11-4179 agreed upon schedule of job classifications referred a. the cash allowances include the cost to to in Paragraph 11.01.A.1 or specifically covered by Contractor (less any applicable trade Paragraph 11,01.A,4, all of which are to be discounts) of materials and equipment considered administrative costs covered by the required by the allowances to be delivered Contractor's fee at the Site,and all applicable taxes;and 2. Expenses of Contractor's principal and b. Contractor's costs for unloading and branch offices other than Contractors office at the handling on the Site labor, installation Site overhead, profit and other expenses contemplated for the cash allowances have 3.Any part of Contractor's capital expenses, been included in the Contract Price and not including interest on Contractor's capital employed in the allowances, and no demand for addi- for the Work and charges against Contractor for iionel payment on account of any of the delinquent payments. foregoing will be valid. 4 Costs due to the negligence of C. Contingency Allowance Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts 1. Contractor agrees that a contingency any of them may be liable, including but not limited allowance, if any, is for the sole use of Owner to to. the correction of defective Work, disposal of cover unanticipated costs. materials or equipment wrongly supplied, and making good any damage to property D. Prior to final payment, an appropriate Change Order will be issued as recommended by 5.. Other overhead or general expense costs Engineer to reflect actual amounts due Contractor of any kind and the casts of any item not specifically on account of Work covered by allowances and the and expressly included in Paragraphs 11.01_A and Contract Price shall be correspondingly adjusted. 1101 B. 11.03 Unit Price Work C. Contractor's Fee: When all the Work is performed on the basis of cost-plus,Contractor's fee A Where the Contract Documents provide shall be determined as set forth in the Agreement, that all or part of the Work is to be Unit Price Work. When the value of any Work covered by a Change initially the Contract Price will be deemed to include Order or when a Claim for an adjustment in Contract for all Unit Price Work an amount equal to the sum Price is determined on the basis of Cost of the Work, of the unit price for each separately identified item of Contractor's fee shall be determined as set forth in Unit Price Work times the estimated quantity of each Paragraph 12.01.0 item as indicated in the Agreement, 0. Docurnentalron, Whenever the Cost of B. The estimated quantities of items of Unit the Work for any purpose is to be determined Price Work are not guaranteed and are solely for the pursuant to Paragraphs 11.01.A and 11 01 B, purpose of comparison of Bids and determining an Contractor will establish and maintain records initial Contract Price. Determinations of the actual thereof in accordance with generally accepted ac- quantities and classifications of Unit Price Work counting practices and submit in a form acceptable performed by Contractor will be made by Engineer to Engineer an itemized cost breakdown together subject to the provisions of Paragraph 9.07. with supporting data. C. Each unit price will be deemed to include 11 02 Allowances an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each A. It is understood that Contractor has in- separately identified item. eluded in the Contract Price all allowances so named in the Contract Documents and shall cause 0. Owner or Contractor may make a Claim the Work so covered to be performed for such sums for an adjustment in the Contract Price in accor- and by such persons or entities as may be dance with Paragraph 10 05 if acceptable to Owner and Engineer. 1. the quantity of any item of Unit Price Work B. Cash Allowances performed by Contractor differs materially and significantly from the estimated quantity of such item 1. Contractor agrees that; indicated in the Agreement.and EJCDC C-700 Standard Central Conditions of the Construutien Contract. Copyright C 2002 National Sot lets of Professional Engineers for EJCDC, :NI rights resentd. 00100 33 03/12 11-4179 2. there is no corresponding adjustment with a. for costs incurred under Paragraphs respect any other item of Work;and 11.01.A 1 and 11.01 A.2, the Contractor's fee shad be 15 percent; 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result b. for costs incurred under Paragraph of having incurred additional expense or Owner 11.01A 3, the Contractors fee shall be five believes that Owner is entitled to a decrease in percent Contract Price and the parties are unable to agree as to the amount of any such increase or decrease 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 ARTICLE 12 - CHANGE OF CONTRACT PRICE: intent of Paragraph 12.01.0 2 a is that the CHANGE OF CONTRACT TIMES Subcontractor who actually performs the Work,at whatever tier, will be paid a fee of 15 percent of the costs incurred by such 12.01 Change of Contract Price Subcontractor under Paragraphs 11 01.A.1 and 11.01.A 2 and that any higher tier A. The Contract Price may only be changed Subcontractor and Contractor will each be by a Change Order Any Claim for an adjustment in paid a fee of five percent of the amount paid the Contract Price shall be based on written notice to the next tower tier Subcontractor. submitted by the party making the Claim to the Engineer and the other party to the Contract in d. no fee shall be payable on the basis of accordance with the provisions of Paragraph 10.05. costs itemized under Paragraphs 11 01.A 4,. 11.01_A 5,and 11.01:8: 8. The value of any Work covered by a Change Order or of any Claim for an adjustment in e. the amount of credit to be allowed by the Contract Price will be determined as follows Contractor to Owner for any change which results =n a net decrease in cost will be the 1 where the Work involved is covered by amount of the actual net decrease in cost unit prices contained in the Contract Documents, by plus a deduction in Contractor's fee by an application of such unit prices to the quantities of the amount equal to five percent of such net items involved (subject to the provisions of decrease,and Paragraph 11.03):or f, when both additions and credits are in- 2 where the Work involved is not covered volved in any one change, the adjustment in by unit prices contained in the Contract Documents. Contractors fee shall be computed on the by a mutually agreed lump sum (which may include basis of the net change in accordance with an allowance for overhead and profit not necessarily Paragraphs 12.01 C 2.a through in accordance with Paragraph 12.01.0 2) or 12.01,C,2.e.inclusive. 3. where the Work involved is not covered 12 02 Change of Contract Times by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under A. The Contract Times may only be changed Paragraph 12,01.8.2, on the basis of the Cost of the by a Change Order. Any Claim for an adjustment in Work (determined as provided in Paragraph 11,01) the Contract Times shall be based on written notice plus a Contractor's fee for overhead and profit submitted by the party making the Claim to the (determined as provided in Paragraph 12.01.C). Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05 C. Contractors Fee:The Contractor's fee for overhead and profit shall be determined as follows. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an 1.a mutually acceptable fixed fee; or adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the 12,03 Delays various portions of the Cost of the Work: A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor. EJCDC C•700 Standard Genera!Conditions or the Construe don Contrast. Copyright 03002 Nakao!Society or Professional Engineers for EJCUC.All rights rotund. 00700-11 03/12 11.4179 the Contract Times will be extended in an amount ARTICLE 13 - TESTS AND INSPECTIONS. equal to the time lost due to such delay if a Claim is CORRECTION, REMOVAL OR ACCEPTANCE OF made therefor as provided in Paragraph 12,02.A. DEFECTIVE WORK 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 13.01 Notice of Defects contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal A Prompt notice of all defective Work of weather conditions,or acts of God. which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be B. If Owner, Engineer, or other contractors rejected, corrected, or accepted as provided in this or utility owners performing other work for Owner as Article 13. contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes 13.02 Access to Worn with the performance or progress of the Work, then Contractor shall be entitled to an equitable A. Owner, Engineer, their consultants and adjustment in the Contract Price or the Contract other representatives and personnel of Owner, Times or both. Contractors entitlement to an independent testing laboratories, and governmental adjustment of the Contract Times is conditioned on agencies with jurisdictional interests will have access such adjustment being essential to Contractor's to the Site and the Work at reasonable times for ability to complete the Work within the Contract their observation, inspecting, and testing Contractor Times shall provide them proper and safe conditions for such access and advise them of Contractor's Site C If Contractor is delayed in the safety procedures and programs so that they may performance or progress of the Work by fire, flood, comply therewith as applicable. epidemic, abnormal weather conditions, acts of God. acts or failures to act of utility owners not under the 13.03 Tests and inspections control of Owner,or other causes not the fault of and beyond control of Owner and Contractor, then A. Contractor shall give Engineer timely Contractor shall be entitled to an equitable notice of readiness of the Work for all required adjustment in Contract Times, if such adjustment is inspections, tests, or approvals and shall cooperate essential to Contractors ability to complete the Work with inspection and testing personnel to facilitate within the Contract Times, Such an adjustment shall required inspections or tests. be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.0 B. Owner shall employ and pay for the services of an independent testing laboratory to D. Owner.Engineer and the Related Entities perform all inspections, tests, or approvals required of each of them shall not be liable to Contractor for by the Contract Documents except: any claims, costs, losses. or damages (including but not limited to all fees and charges of Engineers, 1, for inspections, tests or approvals architects, attorneys, and other professionals and all covered by Paragraphs 13 03 C and 13 03 below, court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any 2. that costs incurred in connection with other project or anticipated project tests or inspections conducted pursuant to Paragraph 13 04.8 shall be paid as provided in said E. Contractor shall not be entitled to an Paragraph 13.04.0,and adjustment in Contract Price or Contract Times for delays within the control of Contractor, Delays 3. as otherwise specifically provided in the attributable to and within the control of a Contract Documents. Subcontractor or Supplier shall be deemed to be delays within the control of Contractor C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) 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 costs in connection therewith, and furnish Engineer the required certificates of inspec- tion or approval. EJCDC C-700 Standard General Conditions oil he Construction Contract Copyright t 2002 National Society of Professional Engineers for EJCi C. 411 rights resen'ed. 00700.3$ 03/12 114179 0. lf, the uncovered Work is not found to be D. Contractor shall be responsible for defective,Contractor shall be allowed an increase in arranging and obtaining and shall pay all costs in the Contract Price or an extension of the Contract connection with any inspections, tests, or approvals Times, or both, directly attributable to such required for Owner's and Engineer's acceptance of uncovering, exposure, observation, inspection, materials or equipment to be incorporated in the testing, replacement, and reconstruction. If the Work or acceptance of materials, mix designs, or parties are unable to agree as to the amount or equipment submitted for approval prior to extent thereof, Contractor may make a Clam Contractor's purchase thereof for incorporation in therefor as provided in Paragraph 10.05. the Work, Such inspections,tests,or approvals shall be performed by organizations acceptable to Owner 13.05 Owner May Stop We Work and Engineer. A. If the Work is defective, or Contractor fails E. If any Work(or the work of others)that is to supply sufficient skilled workers or suitable to be inspected. tested, or approved is covered by materials or equipment. or fails to perform the Work Contractor without written concurrence of Engineer, in such a way that the completed Work will conform it must, if requested by Engineer, be uncovered for to the Contract Documents, Owner may order observation. Contractor to slop the Work, or any portion thereof until the cause for such order has been eliminated F. Uncovering Work as provided in however, this right of Owner to stop the Work shall Paragraph 13 03.E shall be at Contractor's expense not give rise to any duty on the part of Owner to unless Contractor has given Engineer timely notice exercise this right for the benefit of Contractor, any of Contractor's intention to cover the same and Subcontractor. any Supplier, any other individual or Engineer has not acted with reasonable promptness entity,or any surety for or employee or agent of any in response to such notice of them. 13.04 uncovering Work 13.06 Correction or Removal of Defective Work A. If any Work is covered contrary to the A, Promptly after receipt of notice, written request of Engineer, it must, if requested by Contractor shall correct all defective Work, whether Engineer, be uncovered for Engineer's observation or not fabricated installed, or completed, or if the and replaced at Contractor's expense. Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not 8. If Engineer considers it necessary or defective. Contractor shall pay all claims, costs, advisable that covered Work be observed by tosses, and damages (including but not limited to all Engineer or inspected or tested by others, fees and charges of engineers, architects, attorneys, Contractor, at Engineer's request, shall uncover, and other professionals and all court or arbitration or expose,or otherwise make available for observation, other dispute resolution costs) arising out of or inspection, or testing as Engineer may require, that relating to such correction or removal (including but portion of the Work in question, furnishing all neces- not limited to all costs of repair or replacement of sary labor_material,and equipment work of others). C. If it is found that the uncovered Work is B, When correcting defective Work under defective, Contractor shall pay all claims, costs, the terms of his Paragraph 13.06 or Paragraph losses, and damages (including but not limited to all 13.07, Contractor shall take no action that would fees and charges of engineers,architects, attorneys, void or otherwise impair Owner's special warranty and other professionals and all court or arbitration or and guarantee,if any on said Work. other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, 13,07 Correction Period inspection, and testing, and of satisfactory replacement or reconstruction (including but not A. If within one year after the date of limited to all costs of repair or replacement of work of Substantial Completion (or such longer period of others), and Owner shall be entitled to an time as may be prescribed by the terms of any appropriate decrease in the Contract Price_ If the applicable special guarantee required by the parties are unable to agree as to the amount thereof, Contract Documents)or by any specific provision of Owner may make a Claim therefor as provided in the Contract Documents, any Work is found to be Paragraph 10.05. 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 EJCoC C.100 Standard General Conditions of the Construction Contract. Copyright C.2002 National Society of Professional Engineers for EJCIiC, All rigfits rest ntd. 00100-36 03!12 11-0179 contemplated in Paragraph 8.11.A is found to be do so. Contractor shall pay all claims, costs, losses.. defective, Contractor shall promptly, without cost to and damages (including but not limited to all fees Owner and in accordance with Owner's written and charges of engineers, architects, attorneys,and instructions: other professionals and all court or arbitration or other dispute resolution costs) attributable to 1. repair such defective land or areas.or Owner's evaluation of and determination to accept such defective Work(such costs to be approved by 2. correct such defective Work;or Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by 3. if the defective Work has been rejected by Contractor pursuant to this sentence. If any such Owner,remove it from the Project and replace it with acceptance occurs prior to Engineer's recommen- Work that is not defective,and dation of final payment, a Change Order will be issued incorporating the necessary revisions in the 4. satisfactorily correct or repair or remove Contract Documents with respect to the Work, and and replace any damage to other Work, to the work Owner shall be entitled to an appropriate decrease of others or other land or areas resulting therefrom, in the Contract Price,reflecting the diminished value of Work so accepted. If the parties are unable to B. If Contractor does not promptly comply agree as to the amount thereof, Owner may make a with the terms of Owner's written instructions, or in Claim therefor as provided in Paragraph 10 05 if the an emergency where delay would cause serious risk acceptance occurs after such recommendation, an of loss or damage, Owner may have the defective appropriate amount will be paid by Contractor to Work corrected or repaired or may have the rejected Owner Work removed and replaced All claims. costs, losses, and damages(including but not limited to all 13.09 Owner May Correct Defocfrve Work fees and charges of engineers,architects, attorneys. and other professionals and all court or arbitration or A. If Contractor fails within a reasonable other dispute resolution costs) arising out of or time after written notice from Engineer to correct relating to such correction or repair or such removal defective Work or to remove and replace rejected and replacement (including but not limited to all Work as required by Engineer in accordance with. costs of repair or replacement of work of others)will Paragraph 13.08.A. or if Contractor fails to perform be paid by Contractor the Work in accordance with the Contract Documents, or if Contractor fails to comply with any C In special circumstances where a particu- other provision of the Contract Documents, Owner lar item of equipment is placed in continuous service may, after seven days written notice to Contractor, before Substantial Completion of all the Work, the correct or remedy any such deficiency correction period for that item may start to run from an earlier date if so provided in the Specifications B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed D. Where defective Work (and damage to expeditiously. In connection with such corrective or other Work resulting therefrom) has been corrected remedial action,Owner may exclude Contractor from or removed and replaced under this Paragraph all or part of the Site,take possession of all or part of 13.07. the correction period hereunder with respect the Work and suspend Contractor's services related to such Work will be extended for an additional thereto, take possession of Contractor's tools. period of one year after such correction or removal appliances, construction equipment and machinery and replacement has been satisfactorily completed at the Site and incorporate in the Work all materials and equipment stored at the Site or for which Owner E. Contractor's obligations under this has paid Contractor but which are stored elsewhere. Paragraph 13.07 are in addition to any other Contractor shall allow Owner, Owner's obligation or warranty. The provisions of this representatives, agents and employees, Owner's Paragraph 13 07 shall not be construed as a other contractors, and Engineer and Engineer's substitute for or a waiver of the provisions of any consultants access to the Site to enable Owner to applicable statute of limitation or repose exercise the rights and remedies under this Paragraph. 13.08 Acceptance of Defective Work C. All claims, costs, losses, and damages A. If. instead of requiring correction or (including but not limited to all fees and charges of removal and replacement of defective Work, Owner engineers, architects, attorneys, and other (and, prior to Engineer's recommendation of final professionals and all court or arbitration or other payment, Engineer) prefers to accept it. Owner may dispute resolution costs) incurred or sustained by EJCDC C-100 Siandard General Conditions of the Consirorlion Contract, Copy righl a 2002 National Sochi)of Professional Engineers for EJCDC. AU tights reser+ed. 00'40.31 03/12 11-4179 Owner in exercising the rights and remedies under ments to protect Owner's interest therein, all of this Paragraph 13.09 will be charged against which must be satisfactory to Owner. Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract 2, Beginning with the second Application for Documents with respect to the Work; and Owner Payment, each Application shall include an affidavit shall be entitled to an appropriate decrease in the of Contractor stating that all previous progress Contract Price. If the parties are unable to agree as payments received on account of the Work have to the amount of the adjustment,Owner may make a been applied on account to discharge Contractor's Claim therefor as provided in Paragraph 10.05.Such legitimate obligations associated with prior claims, costs. losses and damages will include but Applications for Payment. not be limited to all costs of repair.or replacement of work of others destroyed or damaged by correction, 3. The amount of retainage with respect to removal, or replacement of Contractor's defective progress payments will be as stipulated in the Work. Agreement. D. Contractor shall not be allowed an exten- B.Review of Applications sion of the Contract Times because of any delay in the performance of the Work attributable to the 1. Engineer will, within 10 days after receipt exercise by Owner of Owner's rights and remedies of each Application for Payment, either indicate in under this Paragraph 13.09 writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons ARTICLE 14-PAYMENTS TO CONTRACTOR AND for refusing to recommend payment. In the latter COMPLETION case, Contractor may make the necessary corrections and resubmit the Application. 14 01 Schedule of Values 2. Engineer's recommendation of any pay- ment requested in an Application for Payment will A. The Schedule of Values established as constitute a representation by Engineer to Owner. provided in Paragraph 2 07 A will serve as the basis based on Engineer's observations on the Site of the for progress payments and will be incorporated into executed Work as an experienced and qualified a form of Application for Payment acceptable to design professional and on Engineer's review of the Engineer. Progress payments on account of Unit Application for Payment and the accompanying data Price Work will be based on the number of units and schedules, that to the best of Engineer's completed knowledge, information and belief: 14.02 Progress Payments a. the Work has progressed to the point indicated A Applications for Payments b. the quality of the Work is generally in 1. At least 20 days before the date estab- accordance with the Contract Documents fished in the Agreement for each progress payment (subject to an evaluation of the Work as a (but not more often than once a month), Contractor functioning whole prior to or upon shall submit to Engineer for review an Application for Substantial Completion,to the results of any Payment filled out and signed by Contractor subsequent tests called for in the Contract covering the Work completed as of the date of the Documents, to a final determination of Application and accompanied by such supporting quantities and classifications for Unit Price documentation as is required by the Contract Docu- Work under Paragraph 9.07 and to any ments. If payment is requested on the basis of other qualifications stated in the materials and equipment not incorporated in the recommendation);and Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Applica- c. the conditions precedent to Contractors tion for Payment shall also be accompanied by a bill being entitled to such payment appear to of sale, invoice, or other documentation warranting have been fulfilled in so far as it is that Owner has received the materials and equip- Engineer's responsibility to observe the ment free and clear of all Liens and evidence that Work. the materials and equipment are covered by appropriate property insurance or other arrange- EJCDC C•100 Siandard General Conditions of the Construction Contract, A„ Cop}righi 0 2002 National Society of Profrssioaat Engineers for EJCDC. Ali rights maned, 00700.39 03/12 11-4179 3. By recommending any such payment a.the Work is defective, or completed Work Engineer will not thereby be deemed to have has been damaged, requiring correction or represented that; replacement; a. inspections made to check the quality or b. the Contract Price has been reduced by the quantity of the Work as it has been Change Orders: performed have been exhaustive, extended to every aspect of the Work in progress, or c. Owner has been required to correct involved detailed inspections of the Work defective Work or complete Work in actor- beyond the responsibilities specifically as dance with Paragraph 13 09 or signed to Engineer in the Contract Docu- ments:or d. Engineer has actual knowledge of the occurrence of any of the events enumerated b. that there may not be other matters or in Paragraph 15.02 A. issues between the parties that might entitle Contractor to be paid additionally by Owner C. Payment Becomes Due or entitle Owner to withhold payment to Contractor 1. Ten days after presentation of the Application for Payment to Owner with Engineer's 4. Neither Engineers review of Contractor's recommendation, the amount recommended will Work for the purposes of recommending payments (subject to the provisions of Paragraph 14.02 D) nor Engineers recommendation of any payment, become due,and when due will be paid by Owner to including final payment, will impose responsibility on Contractor. €ngineer. D. Reduction in Payment a to supervise, direct, or control the Work. or 1. Owner may refuse to make payment of the full amount recommended by Engineer because: b. for the means, methods, techniques sequences.or procedures of construction, or a.claims have been made against Owner on the safety precautions and programs account of Contractor's performance or fur- incident thereto or nishing of the Work, C. for Contractor's failure to comply with b. Liens have been filed in connection with Laws and Regulations applicable to the Work, except where Contractor has Contractor's performance of the Work,or delivered a specific bond satisfactory to Owner to secure the satisfaction and d. to make any examination to ascertain how discharge of such Liens; or for what purposes Contractor has used the moneys paid on account of the Contract C. there are other items entitling Owner to a Price,or set-oft against the amount recommended,or e. to determine that title to any of the Work, d. Owner has actual knowledge of the occur- materials, or equipment has passed to rence of any of the events enumerated in Owner free and clear of any Liens Paragraphs 14,02 8.5.a through 14.02 8.5.c or Paragraph 15 02.A. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's 2. If Owner refuses to make payment of the opinion. it would be incorrect to make the full amount recommended by Engineer, Owner will representations to Owner stated in Paragraph give Contractor immediate written notice (with a 14.02.B.2. Engineer may also refuse to recommend copy to Engineer)stating the reasons for such action any such payment or, because of subsequently and promptly pay Contractor any amount remaining discovered evidence or the results of subsequent after deduction of the amount so withheld. Owner inspections or tests, revise or revoke any such shall promptly pay Contractor the amount so with- payment recommendation previously made, to such held, or any adjustment thereto agreed to by Owner extent as may be necessary in Engineer's opinion to and Contractor,when Contractor corrects to Owner's protect Owner from loss because: satisfaction the reasons for such action. IX DC C-700 Standard General Conditions of the Consiruciioa Coniraci. Copt right r 2002 National Socieis of Professional Engineers for EJC DC. All rights reigned. 00?00-39 03/12 11-4179 3. if it is subsequently determined that recommendation as to division of responsibilities Owner's refusal of payment was not justified, the pending final payment between Owner and amount wrongfully withheld shall be treated as an Contractor with respect to security,operation,safety, amount due as determined by Paragraph 14,02.0 1, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. 14,03 Contractor's Warranty of Title Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to A Contractor warrants and guarantees that Engineer's issuing the definitive certificate of title to all Work, materials, and equipment covered Substantial Completion, Engineers aforesaid recom- by any Application for Payment, whether incor- mendation will be binding on Owner and Contractor porated in the Project or not will pass to Owner no until final payment. later than the time of payment free and clear of all Liens. E. Owner shag have the right to exclude Contractor from the Site after the date of Substantial 14.04 Substantial Completion Completion subject to allowing Contractor reasonable access to complete or correct items on A. When Contractor considers the entire the tentative list Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire 14.05 Partial lftilizatrion Work is substantially complete (except for items specifically listed by Contractor as incomplete) and A. Prior to Substantial Completion of all the request that Engineer issue a certificate of Work, Owner may use or occupy any substantially Substantial Completion completed part of the Work which has specifically been identified n the Contract Documents, or which B. Promptly after Contractor's notification, , Owner, Engineer, and Contractor agree constitutes Owner, Contractor, and Engineer shall make an a separately functioning and usable part of the Work inspection of the Work to determine the status of that can be used by Owner for its intended purpose completion. If Engineer does not consider the Work without significant interference with Contractor's substantially complete. Engineer will notify performance of the remainder of the Work subject to Contractor in writing giving the reasons therefor the following conditions C. If Engineer considers the Work 1. Owner at any time may request substantially complete, Engineer will deliver to Contractor in wiling to permit Owner to use or Owner a tentative certificate of Substantial occupy any such part of the Work which Owner Completion which shall fix the date of Substantial believes to be ready for its intended use and Completion. There shall be attached to the substantially complete If and when Contractor certificate a tentative list of items to be completed or agrees that such part of the Work is substantially corrected before final payment. Owner shall have complete, Contractor will certify to Owner and seven days after receipt of the tentative certificate Engineer that such part of the Work is substantially during which to make written objection to Engineer complete and request Engineer to issue a certificate as to any provisions of the certificate or attached list. of Substantial Completion for that part of the Work If, after considering such objections, Engineer concludes that the Work is not substantially 2 Contractor at any time may notify Owner complete, Engineer will within 14 days after and Engineer in writing that Contractor considers submission of the tentative certificate to Owner notify any such part of the Work ready for its intended use Contractor in writing, stating the reasons therefor. If, and substantially complete and request Engineer to after consideration of Owner's objections, Engineer issue a certificate of Substantial Completion for that considers the Work substantially complete, Engineer part of the Work, will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Sub- 3. Within a reasonable time after either such stantial Completion with a revised tentative list of request, Owner Contractor, and Engineer shalt items to be completed or corrected) reflecting such make an inspection of that part of the Work to changes from the tentative certificate as Engineer determine its status of completion. If Engineer does believes justified after consideration of any not consider that part of the Work to be substantially objections from Owner. complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer D. At the time of delivery of the tentative considers that part of the Work to be substantially certificate of Substantial Completion, Engineer will complete, the provisions of Paragraph 14.04 will deliver to Owner and Contractor a written apply with respect to certification of Substantial EJCDC C-100 Standard General Conditions of the Construction Contract, Copyright C 2002 National Sotitty of Professional Engineers for EJCOC..All rights relined. 00100.40 03112 11-4179 Completion of that part of the Work and the division releases in full and an affidavit of Contractor that (I) of responsibility in respect thereof and access the releases and receipts include all labor, services, thereto material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment 4 No use or occupancy or separate bills, and other indebtedness connected with the operation of pail of the Work may occur prior to Work for which Owner or Owner's property might in compliance with the requirements of Paragraph 5.10 any way be responsible have been paid or otherwise regarding property insurance. satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor 14.06 Final Inspection may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is B. Engwneer's Review of Application and complete, Engineer will promptly make a final Acceptance inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this 1 If on the basis of Engineer's observation inspection reveals that the Work is incomplete or of the Work during construction and final inspection, defective. Contractor shall immediately take such and Engineer's review of the final Application for measures as are necessary to complete such Work Payment and accompanying documentation as re- or remedy such deficiencies quired by the Contract Documents. Engineer is satisfied that the Work has been completed and 14 07 Final Payment Contractor's other obligations under the Contract Documents have been fulfilled. Engineer will, within A. Application for Payment ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommen- 1 After Contractor has, in the opinion of dation of payment and present the Application for Engineer, satisfactorily completed all corrections Payment to Owner for payment. At the same time identified during the final inspection and has Engineer will also give written notice to Owner and delivered, in accordance with the Contract Docu- Contractor that the Work is acceptable subject to the ments, all maintenance and operating instructions, provisions of Paragraph 14.09. Otherwise, Engineer schedules, guarantees, bonds, certificates or other will return the Application for Payment to Contractor, evidence of insurance certificates of inspection, indicating in writing the reasons for refusing to marked-up record documents (as provided in recommend final payment, in which case Contractor Paragraph 6.12). and other documents. Contractor shall make the necessary corrections and resubmit may make application for final payment following the the Application for Payment. procedure for progress payments. C Payment Becomes Due 2. The final Application for Payment shall be accompanied (except as previously delivered)by 1 Thirty days after the presentation to Owner of the Application for Payment and a all documentation called for in the accompanying documentation. the amount Contract Documents, including but not recommended by Engineer, less any sum Owner is limited to the evidence of insurance required entitled to set off against Engineer's by Paragraph 5.04.8.7; recommendation, including but not limited to liquidated damages, will become due and , will be b. consent of the surety, if any, to final paid by Owner to Contractor. payment; 14 08 Final Completion Delayed c. a list of all Claims against Owner that Contractor believes are unsettled;and A. If, through no fault of Contractor final completion of the Work is significantly delayed, and d. complete and legally effective releases or if Engineer so confirms,Owner shall, upon receipt of waivers (satisfactory to Owner) of all Lien Contractor's final Application for Payment (for Work rights arising out of or Liens filed in fully completed and accepted)and recommendation connection with the Work. of Engineer, and without terminating the Contract, make payment of the balance due for that portion of 3. In lieu of the releases or waivers of Liens the Work fully completed and accepted. If the specified in Paragraph 14,07 A.2 and as approved remaining balance to be held by Owner for Work not by Owner, Contractor may furnish receipts or fully completed or corrected is less than the EJCDC C.700 Standard General Conditions of the Constructioi Contract. Cop}right# 2002 National Sock!)of Professional Engineers for EJCDC, Ali rights usenet]. 00700-41 03/12 11-4179 retainage stipulated in the Agreement, and if bonds Schedule established under Paragraph 2,07 as have been furnished as required in Paragraph 5.01, adjusted from time to time pursuant to Paragraph the written consent of the surety to the payment of 6.04); the balance due for that portion of the Work fully completed and accepted shall be submitted by 2. Contractors disregard of Laws or Regula- Contractor to Engineer with the Application for such lions of any public body having jurisdiction. payment. Such payment shall be made under the terms and conditions governing final payment, 3, Contractor's disregard of the authority of except that it shall not constitute a waiver of Claims. Engineer;or 14.09 Waiver of Iams 4. Contractor's violation in any substantial way of any provisions of the Contract Documents, A. The making and acceptance of final pay- ment will constitute: B. if one or more of the events identified in Paragraph 15 02 A occur, Owner may, after giving 1 a waiver of all Claims by Owner against Contractor(and surety)seven days written notice of Contractor, except Claims arising from unsettled its intent to terminate the services of Contractor: Liens, from defective Work appearing after final inspection pursuant to Paragraph 14 06, from failure 1. exclude Contractor from the Site, and to comply with the Contract Documents or the terms take possession of the Work and of all Contractor's of any special guarantees specified therein, or from tools, appliances construction equipment, and Contractor's continuing obligations under the machinery at the Site, and use the same to the full Contract Documents; and extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2 a waiver of all Claims by Contractor against Owner other than those previously made in 2. incorporate in the Work all materials and accordance with the requirements herein and equipment stored at the Site or for which Owner has expressly acknowledged by Owner in writing as still paid Contractor but which are stored elsewhere,and unsettled. 3 complete the Work as Owner may deem expedient ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 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 15.01 Owner May Suspend Work completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and A. At any time and without cause, Owner damages (includng but not limited to all fees and may suspend the Work or any portion thereof for a charges of engneers, architects, attorneys. and period of not more than 90 consecutive days by other professionals and all court or arbitration or notice in writing to Contractor and Engineer which other dispute resolution costs) sustained by Owner will fix the date on which Work will be resumed arising out of or relating to completing the Work, Contractor shall resume the Work on the date so such excess wit be paid to Contractor. If such fixed, Contractor shall be granted an adjustment in claims, costs, losses, and damages exceed such the Contract Price or an extension of the Contract unpaid balance Contractor shall pay the difference Times, or both, directly attributable to any such to Owner. Such claims, costs, losses, and damages suspension if Contractor makes a Claim therefor as incurred by Owner will be reviewed by Engineer as provided in Paragraph 10.05. to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When 15.02 Owner May Terminate for Cause exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the A. The occurrence of any one or more of the lowest price for the Work performed. following events will justify termination for cause: D. Notwithstanding Paragraphs 15 02.8 and 1. Contractor's persistent failure to perform 15.02.0, Contractor's services will not be terminated the Work in accordance with the Contract if Contractor begins within seven days of receipt of Documents (including, but not limited to, failure to notice of intent to terminate to correct its failure to supply sufficient skilled workers or suitable materials perform and proceeds diligently to cure such failure or equipment or failure to adhere to the Progress within no more than 30 days of receipt of said notice. EJCDC C-700 Standard Central Conditions of the(onstr twit n Contrast. Coptrii ht:t2002 Sational S.cieh of Professional Engineer;for MK. MI rights rtsentd. 00700-42 03/12 11-4179 Application for Payment within 30 days after it is E. Where Contractor's services have been submitted, or (iii) Owner fails for 30 days to pay so terminated by Owner, the termination will not Contractor any sum finally determined to be due, affect any rights or remedies of Owner against then Contractor may upon seven clays written notice Contractor then existing or which may thereafter to Owner and Engineer, and provided Owner or accrue. Any retention or payment of moneys due Engineer do not remedy such suspension or failure Contractor by Owner will not release Contractor from within that time, terminate the Contract and recover liability from Owner payment on the same terms as provided in Paragraph 15.03. F. If and to the extent that Contractor has provided a performance bond under the provisions B. In Iteu of terminating the Contract and of Paragraph 5.01 A, the termination procedures of without prejudice to any other right or remedy, if that bond shall supersede the provisions of Engineer has failed to act on an Application for Paragraphs 15.02 8.and 15 02.0 Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any 15.03 Owner May Terminate For Convenience sum finally determined to be due, Contractor may, seven days after written notice to Owner and A. Upon seven days written notice to Engineer, stop the Work until payment is made of all Contractor and Engineer, Owner may, without cause such amounts due Contractor, including interest and without prejudice to any other right or remedy of thereon. The provisions of this Paragraph 15.04 are Owner terminate the Contract. In such case, not intended to preclude Contractor from making a Contractor shall be paid for (without duplication of Claim under Paragraph 10.05 for an adjustment in any items): Contract Price or Contract Times or otherwise for expenses or damage directly attributable to 1.. completed and acceptable Work executed Contractor's stopping the Work as permitted by this in accordance with the Contract Documents prior to Paragraph the effective date of termination. including fair and reasonable sums for overhead and profit on such Work: ARTICLE 16-DISPUTE RESOLUTION 2. expenses sustained prior to the effective date of termination in performing services and fur- 16 01 Methods and Procedures rushing labor, materials,or equipment as required by the Contract Documents in connection with uncom- A Either Owner or Contractor may request pleted Work, plus fair and reasonable sums for mediation of any Claim submitted to Engineer for a overhead and profit on such expenses. decision under Paragraph 10.05 before such decision becomes final and binding The mediation 3. all claims costs, losses, and damages will be governed by the Construction Industry (including but not limited to all fees and charges of Mediation Rules of the American Arbitration engineers, architects, attorneys, and other Association in effect as of the Effective Date of the professionals and all court or arbitration or other Agreement, The request for mediation shall be dispute resolution costs) incurred in settlement of submitted in writing to the American Arbitration terminated contracts with Subcontractors, Suppliers, Association and the other party to the Contract and others,and Timely submission of the request shall stay the effect of Paragraph 10.05 E 4. reasonable expenses directly attributable to termination. B. Owner and Contractor shall participate in the mediation process in good faith. The process B. Contractor shall not be paid on account of shall be concluded within 60 days of filing of the loss of anticipated profits or revenue or other eco- request. The date of termination of the mediation nomic loss arising out of or resulting from such shall be determined by application of the mediation termination rules referenced above. 15.04 Contractor May Stop Work or Terminate C. If the Claim is not resolved by mediation, Engineers action under Paragraph 10.05.E or a A If,through no act or fault of Contractor,(i) denial pursuant to Paragraphs 10.05.C.3 or 10.05.0 the Work is suspended for more than 90 consecutive shall become final and binding 30 days after days by Owner or under an order of court or other termination of the mediation unless, within that time public authority, or (ii) Engineer fails to act on any period,Owner or Contractor EJCDC C-700 Stood tad General Conditions or the Construction Contract Cop}right C 2002 SationalSorirty of Professional Engineers for F.JCt7C All rights men td. 00700.43 03/12 11-4179 1. elects in writing to invoke any dispute 17.03 Cumulative Remedies resolution process provided for in the Supplementary Conditions,or A, The duties and obligations imposed by these General Conditions and the rights and 2. agrees with the other party to submit the remedies available hereunder to the parties hereto Claim to another dispute resolution process,or are in addition to,and are not to be construed in any way as a limitation of, any rights and remedies avail- 3 gives written notice to the other party of able to any or at of them which are otherwise im- their intent to submit the Claim to a court of posed or available by Laws or Regulations, by competent jurisdiction special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated ARTICLE 17 MISCELLANEOUS specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 17.01 Giving Notice 17.04 Survival of Obligations A. Whenever any provision of the Contract Documents requires the giving of written notice, it A All representations, indemnifications,war- will be deemed to have been validly given if ranties, and guarantees made in, required by, or given in accordance with the Contract Documents. 1. delivered in person to the individual or to as well as all continuing obligations indicated in the a member of the firm or to an officer of the Contract Documents, will survive final payment, corporation for whom it is intended,or completion, and acceptance of the Work or termina- tion or completion of the Contract or termination of 2. delivered at or sent by registered or the services of Contractor certified mail, postage prepaid. to the last business address known to the giver of the notice. 17.05 Contralirng Law 17.02 Computation of Times A. This Contract as to be governed by the law of the state=r which the Project is located A. When any period of time is referred to in the Contract Documents by days, it WO be computed 17.06 Headings to exclude the first and include the last day of such period. If the last day of any such period falls on a A. Article and paragraph headings are Saturday or Sunday or on a day made a legal inserted for convenience only and do not holiday by the law of the applicable jurisdiction, such constitute parts of these General Conditions day will be omitted from the computation. fJCDC C•700 Standard General Conditions of the Construciisn Contract. Copyright C,2002 National Satiety of Professional Engineers for EJCDC, All rights resent d. 00700•41 03/12 11-4179 SECTION 00800 FIRST AMENDED SUPPLEMENTARY CONDITIONS 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, ARTICLE 1 -DEFINITIONS AND TERMINOLOGY Add the following sentence to Paragraph 1.01.28 entitled`Notice of Award "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": "When requested by OWNER, the Notice to Proceed may be issued by ENGINEER Add the following terms after Paragraph 1 01 50. 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. 1.53 Product - As used in the Project Manual, includes materials, fabrications, systems and equipment 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. 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.. ARTICLE 2-PRELIMINARY MATTERS Add the following to Paragraph 2.01: "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 of the Work, submit evidence satisfactory to OWNER that such bonds will be furnished." 08/12 00800-1 11.4179 Ann °J CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) ...•-- 01/14/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hemisphere Insurance Group twcNN,Exti; (305)501-2801 I (FaX ) 11401 SW 40 St Ste 340 E-MAIL DDR hemis hereins r (A/c,No): (305)553 9010 ADDRESS: P g p @aoLcom Miami,FL 33165 INSURER(S)AFFORDING COVERAGE NAIC S Phone (305)501-2801 Fax (305)553-9010 INSURER A: SCOTTSDALE INS COMANY INSURED INSURER B FCCI INS COMPANY JVA ENGINEERING CONTRACTORS INC INSURER C: 6600 NW 32nd Ave INSURER D: MIAMI,FL 33147 (305)696-7902 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000.00 DAMAGE TO 0 COMMERCIAL GENERAL LIABILITY PREMISES(Ea RENTED $ 100,000.00 ❑ ❑ CLAIMS-MADE 0 OCCUR CPS1707908 MED EXP(Any one person $ 5,000.00 A 0 XCU 12/13/2012 12/13/2013 PERSONAL 8 ADV INJURY $ 1,000,000.00 O IND CONTRACTOR GENERAL AGGREGATE $ 2,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000.00 ❑ POLICY 0 JEC ❑ LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000.00 (Ea accident) $ O ANY AUTO BODILY INJURY(Per person) $ B ❑ ALL OW NED SCHEDULED CA0014904 BODILY INJURY(Per accident) $ Auros ❑ Auros 12/13/2012 12/13/2013 Q HIRED AUTOS © AUTOS ON-OWNED PROPERTY DAMAGE $ (Per accident) ❑ ❑ $ O UMBRELLA LIAB ❑OCCUR EACH OCCURRENCE $ 3,000,000.00 EXCESS UAB XBS0027183 A ❑ ❑CLAIMS-MADE 12/13/2012 12/13/2013 AGGREGATE $ 3,000,000.00 ❑ DED ❑ RETENTION$ $ WORKERS COMPENSATION 51 TORY TAWS ❑ERH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE 001WC11A63078 E.L.EACH ACCIDENT $ 1,000,000.00 B OFFICER/MEMBER EXCLUDED? n N/A 12/13/2012 12/13/2013 (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000.00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000.00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SUNNY ISLES THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 18070 Collins Avenue ACCORDANCE WITH THE POLICY PROVISIONS. SUNNY ISLES BEACH,FL 33160 AUTHORIZED REPRESENTATIVE .4t_7( "d_e_e_e___,. ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05)QF The ACORD name and logo are registered marks of ACORD Construction Payment Bond Bond No. 929556803 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): JVA ENGINEERING CONTRACTOR, INC. WESTERN SURETY COMPANY 6600 N.W. 32nd Avenue P. 0. Box 5077 Miami, Florida 33147 Sioux Falls, SD 57117-5077 OWNER(Name and Address): CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach, Florida 33160 CONSTRUCTION CONTRACT Date: 1/8/13 Amount: $ 186,830.00 Description (Name and Location): Newport Fishing Pier and Restaurant Utilities Sealed bids for the construction of water & sewer, telecommunications (AT&T, ABB), for the new City of Sunny Isles Beach Newport Fishing Pier and Restaurant Utilities. The scope of work shall include installation of approximately 400 linear feet of an eight(8)inch PVC water main, 70 linear feet of four(4 inch)PVC fire main,fire hydrant assembly and a 60 linear feet of a four (4) inch PVC sewer lateral extension. All paver driveway/ parking area restoration, landscape restoration,curb&gutter restoration,and maintenance of traffic shall be considered and included in this bid. BOND Date(Not earlier than Construction Contract Date): 1/14/13 Amount: $186,830.00 Modifications to this Bond Form: See Page 00600-2 CONTRACTOR AS PRINC "° SURETY Company (Corp. Seal) Company (Corp. Seal) Signature: Signature: Name and Title: Name and Title: CONTRACTOR AS PRI CIPAL SURETY WESTERN SU COMPANY : :::::VA ENGINEE RING Cr, •.CTOR,(Corp Seal) Company Signature: Name and Title Name and Title: Charles . Nielson, Atty.-I31"- act 08/12 00600-1 11-4179 FJCOC No. 1910.2813(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. 1. The Contractor and the Surety. jointly and severally, bind Construction Contract and to satisfy claims, if any, under any themselves, their heirs, executors, administrators, successors and Construction Performance Bond. By the Contractor furnishing and the assigns to the Owner for the performance of the Construction Contract. Owner accepting this Bond. they agree that all funds earned by the which is incorporated herein by reference. Contractor in the performance of the Construction Contract are dedicated 2. Wiih respect to the Owner,this obligation shalt be null and void if the to satisfy obligations of the Contractor and the Surety under this Bond, Contractor: 2.1. Promptly makes payment.directly or indirectly,for all sums due workect to the Owners priority to use the funds for the completion of the Claimants,and 9. The Surety shall not be liable to the Owner.Claimants or others for 2.2. Defends, indemnifies and holds harmless the Owner from an obligations of the Contractor that are unrelated to the Construction claims, demands. Bens or suits by any person or entity who Contract The Owner shall not be liable for payment of any costs or furnished labor, materials or equipment for use in the expenses of any Claimant under this Bond, and shall have under this performance of the Construction Contract.provided the Owner Bond no obligations to make payments to.give notices on behalf of,or has promptly notified the Contractor and the Surety (at the otherwise have obligations to Claimants under this Bond. address described in Paragraph 12)of any claims, demands. 10. The Surety hereby waives notice of arty change,Including changes Bens or suits and tendered defense of such claims,demands, of time,to the Construction Contract or to relate subcontracts.purchase Ws or suits to the Contractor and the Surety, and provided orders and other obligations. there Is no Owner Default 11. No suit or action shall be commenced by a Claimant under this Bond 3. With respect to Claimants,this obligation shall be null and void It the other than in a court of competent Jurisdiction in the location in which the C due ontractor promptly makes payment, directly or indirectly, for all sums 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 4. The Surety shall have no obligation to Claimants under this Bond Subparagraph 4.1 or Clause 4.2 phi), or(2) on which the last labor or until service was performed by anyone or the last materials or equipment were 4.1. Claimants who are employed by or have a direct contract with furnished by anyone under the construction Contract,whichever of(1)or the Contractor have given notice to the Surety(at the address (2)first occurs. If the provisions of this Paragraph are void or prohibited described In Paragraph 12)and sent a copy,or notice thereof, by law, the minimum period of limitation available to sureties as a to the Owner, stating that a claim is being made under this defense in the jurisdiction of the suit shall be acceptable. Bond and,with substantial accuracy,the amount of the claim. 12. Notice to the Surety,the Owner or the Contractor shall be mailed or 4.2. Claimants who do not have a direct contract with the delivered to the address shown on the signature page. Actual receipt of Contractor notice by Surety,the Owner or the Contractor,however accomplished. 1. Have furnished written notice to the Contractor and sent a shag be sufficient compliance as of the date received at the address copy,or notice thereof,to the Owner,within 80 days after shown on the signature page. having test performed labor or last furnished materials or 13. When this Bond has been furnished to comply with a statutory or equipment included in the claim stating, with substantial other legal requirement in the location where the construction was to be accuracy, the amount of the claim and the name of the performed, any provision in this Bond conflicting with said statutory or party to whom the materials were furnished or supplied or legal requirement shall be deemed deleted herefrom and provisions for whom the labor was done or performed: and conforming to such statutory or other legal requirement shall be deemed 2. Have either received a rejection in whole or in part from incorporated herein. The intent is,that this Bond shall be construed as a the Contractor,or not received within 30 days of furnishing statutory bond and not as a common law bond. the above notice any communication from the Contractor 14. Upon request by any person or entity appearing to be a potential by which the Contractor has indicated the claim will be beneficiary of this Bond,the Contractor shall promptly furnish a copy of paid directly or indirectly: and this Bond or shah permit a copy to be made. 3. Not having been paid within the above 30 days,have sent 15. DEFINITIONS a written notice to the Surety(at the address described in 15.1.Claimant: An individual or entity having a direct contract with paragraph 12)and sent a copy, or notice thereof, to the the Contractor or with a subcontractor of the Contractor to Owner,stating that a claim is being made under this Bond furnish labor, materials or equipment for use in the and enclosing a copy of the previous written notice performance of the Contract. The inert of this Bond shall be furnished to the Contractor. to include without limitation in the terms labor, materials or 5. If a notice required by Paragraph 4 is given by the Owner to the equipment" that part of water, gas, power, light, heat, oil, Contractor or to the Surety,that is sufficient compiarce gasoline, telephone service or rental equipment used in the 6. When the Claimant has satisfied the conditions of Paragraph 4,the Construction Contract, architectural and engineering services Surety shall promptly and at the Surety's expense take the following required for performance of the work of the Contractor and the actions: Contractor's subcontractors, and all other items for which a 8.1. Send an answer to the Claimant, with a copy to the Owner, mechanic's Ben may be asserted in the jurisdiction where the within 45 days after receipt of the claim, stating the amounts labor,materials or equipment were furnished. that are undisputed and the basis for challenging any amounts 15.2.Constructiort Contract: The agreement between the Owner that are disputed. and the Contractor identified on the ture page.including 8.2. Pay or arrange for payment of any undisputed amounts. all Contract Documents and changes thereto. p g 7. The Surety's total obligation shall not exceed the amount of this 15.3.0wner Default: Failure of the Owner,which has neither been Bond, and the amount of this Bond shalt be credited for any payments remedied nor waived,to pay the Contractor as required by the made In good faith by the Surety. Construction Contract or to perform and complete or comply 8. Amounts owned by the Owner to the Contractor under the with the other terms thereof. Construction Contract shall be used for the performance of the (FOR INFORMATION ONLY—Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect,Engineer or other party): Nielson, Hoover & Associates 8000 Governor Square Blvd., #101 Miami Lakes, Florida 33016 (305) 722-2663 08/12 00600-2 114179 EJCDC N .1910.2813(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. The provisions and limitations of Section 255.05 Florida Statutes. including but not limited to the notice and time limitations in Sections 255.05(2) and 255.05(10). are incorporated in this bond by reference. Construction Performance Bond Bond No. 929556803 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): JVA ENGINEERING CONTRACTOR, INC. WESTERN SURETY COMPANY 6600 N.W. 32nd Avenue P. 0. Box 5077 Miami, Florida 33147 Sioux Falls, SD 57117-5077 OWNER(Name and Address): CITY OF SUNNY ISLES BEACH 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 CONSTRUCTION CONTRACT Date: 1/8/13 Amount: $186,830.00 Description (Name and Location): Newport Fishing Pier and Restaurant Utilities Sealed bids for the construction of water & sewer, telecommunications (AT&T, ABB), for the new City of Sunny Isles Beach Newport Fishing Pier and Restaurant Utilities. The scope of work shall include installation of approximately 400 linear feet of an eight(8) inch PVC water main, 70 linear feet of four(4 inch) PVC fire main, fire hydrant assembly and a 60 linear feet of a four (4) inch PVC sewer lateral extension. All paver driveway/ parking area restoration, landscape *restoration,curb&gutter restoration, and maintenance of traffic shall be considered and included in this bid. BOND Date (Not earlier than Construction Contract Date)• 1/14/13 Amount: $183,830.00 Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL SURETY Company '(Corp. Seal) Company Corp. Seal) Signature: Signature: Name and Title: Name and Title: CONTRACTOR AS PRI ClP SURETY Company JVA ENGINE RING A0 RACTOR,(C0rp. Seal) Company WEST SU TY (C eal) INC. Signature: �- Signature: Name and Title: Name and Title: Charles Nielson, Atty.-In-Fact 108/12 00601-1 11-4179 EJCDC No. 1910-28A U984 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. 1. The Contractor and the Surety, jointly and severally, bind Owner shall be entitled to enforce any remedy available to the Owner. themselves, their heirs, executors. administrators. successors and 6. After the Owner has terminated the Contractor's right to complete assigns to the Owner for the performance of the Construction Corked, the Construction Contract, and If the Surety elects to act under w Lich is incorporated herein by reference. Subparagraph 4.1. 4.2, or 4.3 above, then the responstaties of the 2. If the Contractor performs the Construction Contract,the Surety and Surety to the Owner shall not be greater than those of the Contractor the Contractor shall have no obligation under this Bond, except to tinder the Construction Contract.and the responsibilities of the Owner to participate in conferences as provided in Subparagraph 3.1. the Surety shall not be greater than those of the Owner under the 3. If there is no Owner Default.the Suretys obligation under this Bond Construction Contract. To the limit of the amount of this Bond, but shall arise after. subject to commitment by the Owner of the Balance of the Contract Price 3.1. The Owner has notified the Contractor and the Surety at its to mitigation of costs and damages on the Construction Contract, the address described In Paragraph 10 below,that the Owner is Surety is obligated without duptic.ation for considering declaring a Contractor Default and has 6.1. The responslblr'Hes of the Contractor for correction of requested and attempted to arrange a conference with the defective work and completion of the Construction Contrail: Contractor and the Surety to be held not later than fifteen 6.2. Additonai legal, design professional and delay costs days after receipt of such notice to discuss methods of resulting from the Contractor's Default, and resulting from perforating the Construction Contract. If the Owner, the the actions or failure to act of the Surety under Paragraph 4: Contractor and the Surety agree. the Contractor shall be and allowed a reasonable time to perform the Construction 6.3. Lighted damages. or if no iquidated damages are Contract but such an agreement shall not waive the specified in the Construction Contract, actual damages Owner's right. If any,subsequently to declare a Contractor caused by delayed performance or non-performance of the Default: and Contractor. 3.2. The Owner has declared a Contractor Default and formally 7. The Surety shalt not be kettle to the Owner or others for oblgations terminated the Contractor's right to complete the contract. of the Contractor that are unrelated to the Construction Contract,and the Such Contractor Default shall not be declared earlier than Balance of the Contract Price shall not be reduced or set off on account twenty days after the Contractor and the Surety have of any such unrelated obligations. No right of action shall accrue on this received notice as provided in Subparagraph 3.1: and Bond to any person or entity otter than the Owner or its heirs.executors. 3.3. The Owner has agreed to pay the Balance of the Contract administrators,or successors. Price to the Surety In accordance with the terms of the 8. The Surety hereby waives notice of any change,inducting changes Construction Contract or to a contractor selected to perform of time,to the Construction Contract or to related subcontracts,purchase the Construction Contract in accordance with the terms of orders and other obligations. the contract with the Owner. 9. Any proceeding, legal or equitable, under this Bond may be 4. When the Owner has satisfied the conditions of Paragraph 3, the instituted in any court of competent jurisdiction in the location in which the Surety shall promptly and at the Surety's expense take one of the work or part of the work is located and shall be instituted whin two years following actions: after Contractor Default or within two years after the Contractor ceased 4.1. Mange for the Contractor, with consent of the Owner, to working or within two years after the Surety refuses or falls to perform Its perform and complete the Construction Contract: or obligations under this Bond,whichever occurs first. If the provisions of 4.2. Undertake to perform and complete the Construction imitation available to sureties as a defense in the jurisdiction of the stet Contract itself, through its agents or through independent shall be applicable. contractors: or 10. Notice to the Surety,the Owner or the Contractor shall be mailed or 4.3. Obtain bids or negotiated proposals from qualified delivered to the address shown on the signature page. ill contractors acceptable to the Owner for a contract for 11. When this Bond has been furnished to comply with a statutory or performance and completion of the Construction Contract, other legal requirement in the location where the construction was to be arrange for a contract to be prepared for execution by the performed, any proriaton In this Bond conflicting with said statutory or Owner and the contractor selected with the Owner's legal requirement shall be deemed deleted herein= and provisions concurrence,to be secured with performance and payment conforming to such statutory or other legal requirement shall be deemed bonds executed by a qualified surety equivalent to the bonds incorporated herein. The Intent Is that this Bond shall be construed as a issued on the Construction Contract,and pay to the Owner statutory bond and not as a common law bond. the amount of damages as described In Paragraph 6 in 12. Definitions. excess of the Balance of the Contract Price incurred by the 12.1. Balance of the Contract Price: The total amount payable by Owner resulting from the Contractor's default: or the Owner to the Contractor under the Construction Contract 4.4. Waive Its right to perform and complete, arrange for after all proper adjustments have been made, including completion,or obtain a new contractor and with reasonable allowance to the Contractor of any amounts received or to promptness under the circumstances: be received by the Owner in settlement of Insurance or other 1. After investigation, determine the amount for which it claims for damages to which the Contractor is entitled, may be liable to the Owner and,as soon as practicable reduced by all valid and proper payments made to or on after the amount Is determined, tender payment behalf of the Contractor under the Construction Contract. therefor to the Owner: or 12.2. Construction Contract The agreement between the Owner 2. Deny liability In whole or in part and notify the Owner and the Contractor identified on the signature page. citing reasons therefor. including at Contract Documents and changes thereto. 5. If the Surety does not proceed as provided In Paragraph 4 with 12.3. Contractor Default Failure of the Contractor, which has reasonable promptness,the Surety shall be deemed to be In default on neither been remedied nor waived,to perform or otherwise this Bond fifteen days after receipt of an additional written notice from the to comply with the terms of the Construction Contract. Owner to the Surety demanding that the Surety perform its obligations 12.4. Owner Default: Failure of the Owner, which has neither under this Bond,and the Owner shalt be entitled to enforce any remedy been remedied nor waived,to pay the Contractor as required available to the Owner. If the Surety proceeds as provided in by the Construction Contact or to perform and complete or Subparagraph 4.4, and the Owner refuses the payment tendered or the comply with the other terms thereof. Surety has denied liability, in whole or In part,without further notice the (FOR INFORMATION ONLY—Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect,Engineer or other party): Nielson, Hoover & Associates 8000 Governor Square Blvd., #101 Miami Lakes, FL 33016 (305) 722-2663 0 08112 00601-2 11-4179 EJCDC No.1910-28A(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. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Laura D Mosholder, John R Neu, Charles J Nielson, Brett M Rosenhaus, Kevin Wojtowicz, Mary C Aceves, Glenn Arvanitis, Charles D Nielson, David R Hoover, Katherine S Grimsley, Individually of Miami Lakes, FL, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature—In Unlimited Amounts—for any and all surety bonds and any and all consents required by the State Department of Transportation of Florida, incident to the release of retained percentages and/or estimates on engineering and/or construction contracts and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all acts of said attorney,pursuant to the authority hereby given,are hereby ratified and confirmed and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 9th day of October,2012. WESTERN SURETY COMPANY `�tRErro 3� o'f(90k \.o% J44....f A �� rf 4i pr y a 'aul T.Bruflat,Vice President State of South Dakota 1 ss County of Minnehaha On this 9th day of October,2012,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires J.MOHR NOTARY PUBLIC1 June 23,2015 c SOUTH DAKOTA= 4:711 64/1)1. J.Mohr,Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 14 day of January , 2013 WESTERN SURETY COMPANY tato 044 gyp" t = s\�EAV v •�tN 0 L.Nelson,Assistant Secretary Form F4280-7-2012 t C: Commission s City of Sunny Isles Beach .lit� �Fs Norman S.Edelcup,Mayor ° �,� 180711 Collins .venue Lewes J.Thaler,via Mayor (,,,,,, t4NY v Isaac Aelion Commissioner Sunny Isles Beach, Florida 33160 ' u - = Jeanette Gatto,Commissioner **:,..,3,: * George"Bud"Scholl,Commissioner .,. .,,, ** (305)947-0606 Cary hall P (305)949-3113 Fax Christopher J.Russo,City Manager s F ��i* F LOl'‘ 5`� (305)947-2150 Building Dcpartment Hans Ottinot,city Attorney °/7'P'o v sus I'v'') (305)947-5107 lax Jane A.Hines,City Clerk MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Christopher J. Russo, City Manager DATE: 01/03/2012 RE: Awarding ITB 12-10-01 for the Newport Pier Restaurant Utilities RECOMMENDATION: It is recommended that the City Commission approve the attached agreement with JVA Engineering, Inc in the amount not to exceed One Hundred Eighty Six Thousand Eight Hundred and Thirty Dollars ($186,830.00) for the Newport Pier Restaurant Utilities. BACKGROUND: In a previously adopted resolution in September 2010, the City approved a contract with Shoreline Foundation, Inc. for the reconstruction of the Newport Fishing Pier & Restaurant. At the time of the contract with Shoreline Foundation, Inc. the project consisted of a "shell only" building consisting of minimal mechanical, plumbing and electrical components. The contract document drawings with Shoreline Foundation, Inc. did not contain the design details nor scope requirements necessary for the installation of the potable water and fire protection lines, sanitary sewer and grease waste collection, gas service nor telecommunications service lines. The City contracted Calvin Giordano and Associates, Inc (CGA) in August 2011 to provide the civil engineering and permitting services necessary to detail, permit, bid and construct the required site improvements. After the plans were permitted they were presented to Shoreline Foundation, Inc. (SFI) to provide pricing for a potential change order. SFI submitted a price that was above CGA's in house cost estimate. As a result it was recommended that City competitively bid this project. REASON: Staff issued ITB 12-10-01 for the Newport Fishing Pier and Restaurant Utilities on 11/20/2012. A total of three (3) bids were received in which JVA Engineering, Inc submitted the lowest responsive and responsible bid (Please see bid tabulation below). Agenda Item LI Date l - 4. - ( 3 JVA Engineering Southern Underground Ric-Man Contractor, Inc Industries, Inc International General Conditions: $7,500.00 $30,000.00 $31,300.00 Civil: $133,400.00 $164,475.00 $170,530.00 Alternative Items: $45,930.00 $385,325.00 $73,050.00 Base Bid Grand Total: $186,830.00 $580,300.00 $274,880.00 With the assistance of CGA, staff verified JVA's qualifications and references and is recommending that the City Commission approve the attached agreement with JVA Engineering, Inc in the amount not to exceed One Hundred Eighty Six Thousand Eight Hundred and Thirty Dollars ($186,830.00). Award the base bid contract amount of$140,900 plus $45,930 maximum for added alternate items. FUNDING SOURCE: Funding available upon Commission approval of a budget amendment. 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