HomeMy WebLinkAboutDocumentation_Regular_Tab 13_11/12/2015 ,,
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Memorandum Utilities Department
To: Michael Couzzo, Village Manager
From: Sam Heady, Deputy Director of Utilities
Date: 9/21/15
Subject: Piggy Back Contract for Sulfuric Acid
I respectfully present the following Comprehensive Analysis to the Village Manager.
The Town of Jupiter has recently awarded a contract with Shrieve Chemical, Inc for the
procurement of Sulfuric Acid. The Village would like to use the existing contract to piggy back
forthese reasons:
1. The cost for the product from Shrieve was lower than the other providers.
2. The product that Shrieve produces meets the NSF/ANSI 60 Drinking Water Standard and all
applicable requirements.
Cost: $12,358.80
Staff recommends approval of contract.
RESOLUTION NO. 89-15
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AUTHORIZING PIGGYBACKING THE
CONTRACT BETWEEN SHRIEVE CHEMICALS, INC. AND THE TOWN
OF JUPITER FOR THE PURCHASE OF SULFURIC ACID PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, pricing is piggybacked on the Town of Jupiter Contract
No. (VV1536B);
WHEREAS, this good/service was procured with the same level of
formality as the Village would have otherwise required in its Purchasing
Policies and Procedures;
WHEREAS, a copy of the agreement is attached to this Resolution;
WHEREAS, this contract will expire on September 30, 2016;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1 Resolution No. 89-15 is hereby awarding a blanket purchase order
to Shrieve Chemicals, Inc for the purchase of Sulfuric Acid at the price of
$102.99 per ton;
Section 2 This Resolution shall become effective immediately upon passage.
�Ilage of Tequesta Date: 9/21/2
Purchase Order Requisition Date Purchase Order is Req'd:
(Not a Purchase Order) Department: Water Treatment Plant
ised November 14, 2011 Req. #:
Quotes Received: Piggy Back (See Attached) Recommended Vendor: Vendor #:
Vendors Blds Shrieve Chemicals, Inc.
Shrieve Chemicals, Inc. $102.99 er ton Address: 1755 Woodstead Ct.
City: The Woodlands
State & Zip: TX 77380
Comments: This PO Re uest is for the approval of a contract between Shrieve Chemicals, lnc. and the
Villa e of Tequest for the purchase of Sulfuric Acid for the Water Treatment Plant.
This is a Pi Back Contract with the Town of Jupiter, Contract No. W1536B .
Manuf.! Available Balance
ttem Description Part# Q. Unit Price Totai Cost Account # Finance Use Onl
"'FUric Acid Tons 120 $ 102.99 $ 12,358.80 401-242 552.342
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Total: $ 12,358.80
Finance/Administrative Use Onlv:
The Department Director's/Designee's signature be%w ceRifies that (1) this purchase orderrequisition is complete and in compliance with the Village's
Purchasing Policies and Procedures and (2) all procurement requiremertfs h e been satisfied.
Department Director / Desi nee Si nature: Date: ` v 1�� �
The Finance DepaRment signature below certiBes that (1) this requisi ' n has been approved by an aufhorized Department Aireclor/ Designee, (2) that the
�ect account nvmbers have been used and (3j there is adequate fundrng in the accounts listed.
Finance Si nature: Date:
Vlla e Mana erAp roval: ° `� r � Date: �o f'�
Village Council Approval: Resolution #: Date:
VILLAGE OF TEQUESTA
CONTRACT FOR PURCHASE OF SULFURIC ACID
THIS CONTRACT is entered into, and effective, this day of October, 2015, by and
� between the VILLAGE OF TEQUESTA, FLORIDA, a municipal corporation with offices located
at 345 Tequesta Drive, Tequesta, Florida 33469, organized and existing in accordance with the
laws of the State of Florida, hereinafter "Village"; and SHRIEVE CHEMICAL, COMPANY, a
foreign corporation with offices located at 1755 Woodstead Ct., The Woodlands, Texas 77380,
hereinafter "Contractor".
WITNESSETH
The Village and the Contractor, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both parties, hereby agree as follows:
1. SCOPE OF SERVICES: The Village and the Contractor both hereby agree to
enter inta this Contract for Purchase of sulfuric acid, whereby the Contractor shall provide sulfuric
acid 93% HZSOa in tank truck quantities of approximately 3,500 gallons (the "Product") for the
Village's utility department. Pursuant to the Contractor's September 21, 2015 e-mail
correspondence, attached hereto as Exhibit A, the Village is authorized to piggyback through
September 30, 2016, on the Contractor's current contract with the Town of Jupiter, which was
originally procured by the Town of Jupiter in accordance with procedures that comply with the
Village's procurement requireznents. The Town of Jupiter contract is attached hereto as Exhibit B
and is hereby incorporated into this Contract as if fully set forth.
2. COMPENSATION: Pursuant to E�ibit B, and in consideration for the above
Scope of Services, pricing is as follows:
sulfuric acid 93% - $64.99 per ton
freight - $38.00 per ton.
TOTAL F.O.B. - $102.99 per ton
The Village shall pay the Contractor after receipt of the Product, and within forty five (45) days of
receipt of an invoice documenting the amount due.
3. INSURANCE AND INDEMNIFICATION: The Contractor shall provide praof
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of workman's compensation insurance and liability insurance in such amounts as are specified on
Exhibit B, shall name the Village as an"additional insured" on the liability portion of the
insurance policy. The Contractor shall at all times indemnify, defend and hold harmless the
Village, its agents, servants, and employees, fram and against any claim, demand or cause of
action of whatsoever kind or nature, arising out of error, omission, negligent act, conduct, or
misconduct af the Contractor, his/her agents, servants, or employees in ttie performance of
services under this Contract.
4. PUBLIC ENTITIES CRIMES ACT: As provided in Sec. 287.132-133, Florida
Statues, by entering into this Contract or performing any work in fixrtherance hereof, the
Contractor certifies that it, its aff'iliates, suppliers, subcontractors and consultants who will
perform hereunder, have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within thirty-six (36) months unmediately preceding
the date hereo£ This notice is required by Sec. 2$7.133(3)(a), Florida Statutes. �
5. TERMINATION: NOTICE: This Contract may be terminated by either party
upon five (5) days written notice to the other party, in accordance with Exhibit B. Notice shall be
considered sufficient when sent by certified mail or hand delivered to the parties at the following
addresses:
Village Contractor
Village of Tequesta Shrieve Chernical Company
345 Tequesta Drive 1755 Woodstead Ct.
Tequesta, Florida 33469 The Woodlands, Texas 773$p
Attn: Director of Utilities Attn: Ted Threadgill, Vice President
6. INDEPENDENT CONTRACTOR: It is specifically understood that the
Contractor is an independent contractor and not an employee of the Village. Both the Village and
the Contractor agree that this Contract is not a contract for employment and that no relationship of
Employee/Employer or PrincipaUAgent is or shall be created hereby nor shall hereafter exist by
reason of the performance of the services herein provided.
7. ATTORNEY'S FEES: In the event a dispute arises concerning this Contract, the
prevailing party sha11 be awarded attomey's fees, including fees on appeal.
8. CHOICE OF LAW: VENLTE: This Contract shall be governed and construed in
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accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should
any dispute arise with regard to same.
9• AMENDMENTS AND ASSIGNMENTS: This Contract, aIl Exhibits attached
hereto, and required insurance certificates constitute the entire Contract between both parties; no
modifications shall be made to this Contract unless in writing, agreed to by both parties, and
attached hereto as an addendum to this Contract. The Contractor shall not transfer or assign the
perfarmance of services called for in the Contract without prior written consent of the Village.
10. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County
Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters,
review and audit municipal contracts and other transactions, and make reports and
recommendations to municipal governing bodies based on such audits, reviews or investigations.
All parties doing business with the Village shall fully coogerate with the inspector general in the
exercise of the inspector general's functions, authority and power. The inspector general has the
power to take sworn statements, require the production of records and to audit, monitor,
investigate and inspect the activities of the Village, as well as contractors and lobbyists of the
Village in order to detect, deter, prevent and eradicate fraud, waste, mismanagement, misconduct
and abuses.
11. PUBLIC RECORDS: In accordance with Sec. 119.0701, Florida Statutes,
Contractor must keep and maintain this Contract and any other records associated therewith and
that are associated with the performance of the work described in the Scope of Services. Upon
request, Contractor must provide the public with access to such records in accordance with access
and cost requirements of Chapter 119, Florida Statutes. Further, Contractor shall ensure that any
exempt or confidential records associated with this Contract or associated with the perfonnance of
the work described in the Scope of Services are not disclosed except as authorized by law. Finally,
Contractar shall retain the records described in this paragraph throughout the performance of the
work described in the Scope of Services, and at the conclusion of said work and upon request,
transfer to the Village, at no cost to the Village, all such records in the possession of Contractor and
destroy any duplicates thereof. Records that are stored electranically must be transferred to the
Village in a format that is compatible with the Village's information technology systems.
IN VVYTNESS WHEREOF, the parties hereto have executed this Contract the date and
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year first above written.
WITNESSES: SHRIEVE CHEMICAL COMPANY
Ted Threadgill, Vice President
(Corporate Seal)
VII.LAGE OF TEQUESTA
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ATTEST: Michael Couzzo, Village Manager
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Lori McWilliams, MMC �,��°"�� V 1�1q���..,,
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Town Clerk ` y�' y� �� O
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THE VILLAGE OF TEQUESTA
PIGGYBACKING CHECKLIST
tnstructions: This form is to be completed for any purchase of goods, or contract far services where the Village
will utilize a contract competitively bid by another governmental agency (i.e. "Piggyback").
Department: Utilities Date: 9/21/2015
Item/Service Provide Sulfuric Acid for the Water Plant
Vendor/Service Pravider Shrieve Chemicai
� State Contract # � Other Governmental Agency
*Chapter 287, F.S.
If piggybacking a State Co�tract please stop here.
Name of Governmental
1 Agency City of Jupiter contract number (W1536B)
YES NO
Is the contract current? Effective date: 10/Ol/2015 Expiration � �
2 Date:_09/30/2016
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3 Was item/service bid out in compliance with the Village's Purchasing Policies & Procedures?
Is the price that the Village will receive by piggybacking equai to the price obtained by the agency � �
4 named above?
� 0
5 Does the contract contain an assignability clause?
If the answer to question # 5 is no, has the governmental agency given the Village permission to � �
6 piggyback on the contract?
0 0
7 Has the vendor/service given the Village permission to piggybacic on the contract?
, 2311 �
Department Head S nature Date
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UTI LITI ES
DAIGINAL
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Executed Contract
Chemical �id W1536�
Contract for Suppiying Sulfuric Acid
April 2415
KAREN J. GOLONKA MAYOR
ILAN KAUFER VIC�-MAYOR
WENDY HARRISON COUNCILOR
JIM KURETSKI COUNCILOR
TODD R. WODRASKA COUNCILOR
ANDREW D. LUKASIK TOWN MANAGER
DAVID L. BROWN DIRECTOR DF UTILITIES
INDEX
TITLE PAGE
lNDEX 2
ADVERTISEMENT FOR BIDS 3-4
INSTRUCTiONS TO BIDDERS 5-14
PROPOSAL 15-18 �
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SW4RN STATEMENT 1g_2�
NOTICE OF AWARD 22
AGREEMENT (CONTRACT} 23_28
� OPINION O� TOWN ATTORNEY 29
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SPECf FlCATI�NS 30-3'!
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W1536B �
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f � ��- 'I'�Wl�T OF UPITER
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� �y INVITATION TO BID
Sealed bids will only be accepted at the Town Clerk's Department, 210 Military Trail,
Jupiter, Florida 33458:
CONTRACTS FOR SUPPLYING:
-- Liquid Chlorine – (W1536�1)
-- Sulfuric Acid—(W1536B) '
�- Sodium Hydroxide (Caustic)—(W1536C)
FOR
TOWN OF JUPITER UTILITIES
JUPITER, FLORID�1 –
Until 2:OOPM, Local Time, May 26, 2015 at which time and place all bids received will
be publicly opened and read aloud in the Town Council Chambers. Sealed bids shall
be submitted to the Town Clerk, on paper in accordance with the Instruction to Bidders.
Bids received after the time and date specified will not be considered. The face of the
envelope shall be addressed as follows:
Town Clerk
Town of Jupiter
210 Military Trail
Jupiter, FL 33458
May 26, 2015, 2:00 PM
Chemical Bids (W1536)
The nature and scope of this project is:
Supply the Town of Jupiter Utilities Water Treatment Plant with one or any of the
following chemicals for use in the treatment of drinking water: liquid chlorine, sulfuric
acid, sodium hydroxide (caustic) for a period of one year beginning October 1, 2015
through September 30, 2016 in accordance with the contract specifications. Each bid
includes an alternate Bid Item to supply the chemical(s) for a three year guaranteed unit
price. Each of the chemicals will be supplied under separate contracts. All bids must
be on a Unit Price basis (F.O.B.} on the Proposal Form.
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W 1536 B
Questions concerning the bid shall be directed to Paul Jurczak, Water Plant Facilities
Manager, in writing (fax: 561-743-8733), in accordance with the Instructions to Bidders. �,
Site visits, if desired, may be scheduled with Paul Jurczak at 561-741-2602. �;
All Bidders must be a plan holder of record with Demandstar.com.
Specifications will be available on April 27, 2015 and may be examined and obtained at '
www.demandstar.com. Specifications can be downloaded for $5.00 from Demandstar
by signing up for a free agency subscription for the Town of Jupiter at ,
www.demandstar.com. Hard copies of specifications may also be purchased from
Demandstar visiting www.demandstar.com or emailing demandstar@onvia.com.
Payment for specifications is non-refundable.
The Town of Jupiter reserves the right to waive any irregularities and to reject any and �
all bids. The Town of Jupiter is an equal opportunity employer.
By Order of the Town Council,
Town of Jupiter
Sally Boylan, Town Clerk
PUBLISHED: Palm Beach Post. I
DATES: April 26, 2015 �
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- W1536B
� ADDENDUM NO. 1
TO
CONTRACT DOCUMENTS
April 27, 2015
PROJECT TITLE: TOWN OF JUPITER
CONTRACT FOR SUPPLYING SULFURIC ACID (W1536B)
TO: All Plan Holders of Record
This addendum forms a part of the Contract Documents and modifies the original Project
Documents as noted below. Acknowledge receipt of this Addendum in the space provided
on the Bid Proposal form.
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� W THE FRONT END DOCUMENTS
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AGREEMENT
— DELETE the Article 4"Contract Time° of the Agreement (Contract) Between Owner and –
Supplier in its entirety and REPLACE it with the revised Article 4"Contract Time" of the
Agreement (Contract) Between Owner and Supplier as follows:
Article 4. CONTRACT TIME.
The Goods are to be delivered to the point of delivery and ready for OWNER's
acceptance of delivery during the month of October, 2014 as outlined in the
specifications, or as agreed on between the Town and Supplier. Contract shall
continue for one (1) year to September 30, 2015 if the Base Bid is awarded or for
three (3) years to September 30, 2018 if the Alternate Bid is awarded.
END OF ADDENDUM 1
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W1536B
Addendum 1
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�I ADDENDUM NO. 2
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CONTRACT DOCUMENTS
May 6, 2015
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PROJECT TITLE: TOWN OF JUPITER
CONTRACT FOR SUPPLYING SULFURIC ACID (W15366)
TO: All Pian Holders of Record
This addendum forms a part of the Contract Documents and modifies the original Project
Documents as noted below. Acknowledge receipt of this Addendum in the space provided
on the Bid Proposal form.
!N THE FRONT END DOCUMENTS
AGREEMENT
DELETE the Article 4"Contract Time" of the Agreement (Contract) Between Owner and —
Supplier in its entirety and REPLACE it with the revised Article 4"Contract Time" of the
� Agreement (Contract) Between Owner and Supplier as follows:
� Article 4. CONTRACT TIME.
� The Goods are to be delivered to the point of delivery and ready for OWNER's
: acceptance of delivery during the month of October, 2015 as outlined in the
specifications, or as agreed on between the Town and Supplier. Contract shall
continue for one (1) year to September 30, 2016 if the Base Bid is awarded or for
three (3) years to September 30, 2018 if the Alternate Bid is awarded.
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END OF ADDENDUM 2
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W15366
Addendum 2
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INSTRUCTION TO BIDDERS I '�
1. SPECIAL CONDITION - PUBLIC ENTITY CRIMES '
Any person submitting a bid or proposal in response to this invitation must
execute the enclosed form PUR. 7068, SWORN STATEMENT UNDER ��
SECTION 287.133(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, in
the spaces(s) provided, and enclose it with the bid/proposal i
2. COPIES OF BIDDING DACUMENTS '
2.1 Complete sets of the Bidding Documents in the number and for the
non-refundable sum, if any, may be obtained from www.demandstar.com
as stated in the Advertisement or Invitation. i
2.2 Complete sets of Bidding Documents shall be used in preparing Bids; ��
Owner does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sefis of Bidding
Documents.
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_ 2.3 Owner in preparing Bidding Documents available on the above terms does ��
so only for the purpose of obtaining Bids on the Work and does not infer a -
license or grant for any other use.
3. QUALIFICATIONS OF BIDDERS
3_1 To demonstrate qualifications to furnish the goods and special services, '
each Bidder must be prepared to submit within five days of Owner's ;
request written information, such as financial data, previous experience
and evidence of authority to conduct business in the jurisdiction where the
project is located. ',
3.2 Each Bid must contain evidence of Bidder's qualification to do business in j
the state where the project is located. ;
3.3 All bidders must be a plan holder of record with Demandstar. '
3.4 No Bid will be accepted from, nor will any contract be awarded to any �
person who is in arrears to the Owner, upon any debt or contract, or who I
is a defaulter, as surety or otherwise, upon any obligation to Owner, or any �'�,
other governmental agency or entity, or who is deemed irresponsible or ,
unreliable by the Owner.
3.5 No Bid will be accepted from nor will any contract be awarded to any ;
individual, firm, partnership, corporation or association who is currently in '
litigation with the Owner or who is providing testimony in current litigation ,'
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W1536B
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against the Owner or who has a financial interest in any iitigation against
the �wner.
3.6 Any Bidder who daes not meet the qua[ificatian requirements of the Bid
will not be considered for award.
3.7 Owner reserves the right to request additional experience and reference
informafiion of the Contractar and his/her major subcontractars as may be
required to conduct a thorough review of qualifcations.
4. EXAMfNATION OF CONTRACT DOCUMENTS AND SiTE
4.1 Before submitting a Bid, each Bidder must (a} examine the Contract
Documents thoroughly, (b) visit the site to famifiarize himself with local
conditions that may in any manner affect cost, progress or performance of ;
the Work, (c} familiarize himself wifih federal, state _ and Iocal laws, ;
ordinances, rules and regulations that may in any manner affect cost, !
pragress ar performance of the Work; and {d) study and carefully correlate !
Bidder's observations with fhe Contract Dacuments. i
4.2 Site is accessible to the Bidder by appaintment only fio conduct such
investigatians and tests as each Bidder deems necessary for submission ;
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of his Bid. Appointments may be scheduled with Paul Jurczak, Water
� Plant F'acilities Manager at (5fi1} 741--2602.
4.3 The submission of a Bid witl cons#itute an incontrovertible representatian
by the Bidder that he has complied wifh every requiremer�f of this Article 4
and that the Contract Documents are sufficient in scope and detail to
indicate and convey understanding of all ferms and conditions for
performance of the Woric. �
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5. INTERPRETATIONS �
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All questions aboufi the meaning or intent of the Bid Dacuments shall be ,
submitted to The Town of Jupiter Utiiities, Aftn:� Paul Jurczak, Water Plant
Facilities Manager in writing by Fax (561) 743-8733. Replies will be issued by �
Addenda if determined necessary, through Demandsfiar to a[1 plan holders �
recorded by Demandstar as having received the Bidding Documents. Questions �
received less than three days prior to the date for opening of Bids will not be I
answered. Or�ly questians answered by forma[ written Addenda will be binding. ;
; Oral and o�her interpretafions ar clarifications will be without legal effect. !
6. BID SECURITY: Not Required ;
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W1536B
7. CQNTRACT DURATION
The Contract duration far the Base Bid is one year beginning October 1, 2095
and ending September 30, 2Q16. The Confract duration for the Alternate Bid is �
three years beginning on October 'I, 2015 and ending September 30, 2p18.
Owner reserves the right to request the successful bidder begin the contract prior
to October 1, 2015. if a Contract is initiated prior to October 1, 2015 the Contract
expiration dates will remain as sfiated.
8. BID PRICE
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8.1 The price must be quoted as the TOTAL NET DELIVERED AMOUNT. ,
The Town wi)1 be ob[iged to pay based on the contract unit price. The
quantities indicated in the proposal form are approximate and are used to
establish bid prices. The Town daes not guarantee this quantity as a
minimum or maximum amount. Bidder certifies that fihe contract unit price
is valid regardless o# the quantity purchased. i
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8.2 Since the Town is exempt from Federal Excise Tax, the F'ederal
Transportation Tax and Florida Stafe Sales Tax, these taxes are NOT to
be included in the bid prices. Necessary exemption certificates will be �
_ supp(ied to vendors for direct sales to the Town that are paid frorn Town �
funds. -
8.3 Prices shall be shawn in unit amounts, written in numerica( figures, and �
extensions whenever applicable. In the event of discrepancies existing
between unit amounts and extension or totals, the writterr unit amounts 1
shall govern.
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8.4 Discrepancies in the rnultipfication af estimated quantities and unit prices
wili be resol�ec! in favor of fihe unit prices. Discrepancies between the
indicated sum of any column of figures and the correct sum thereof will be ;
resolved in favor of the correct sum. ;
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8.5 All applicable discounts shall be included in the Bid Price for materials and i
services and will be considered as determining factors in recornmending !
an award in case of tie bids. Discounts extended to Owner shall include �
' but not be limited to those discounts normally extended to governmental �
� agencies as well as #he private sector. !
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8.6 Chain discounts are not accepfiable and will not be considered in �
determining an award. Firm discaunts and prices are to be quated for the �
specified terms of the contract. ;
9. BID FORM �
9.1 The Bid Form is included herein (see Proposat). ;
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W1536B '
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9.2 Bid Forms must be completed in ink, typed or handwritten. The Bid price
of each item on the form must be stated in numerals. Supplier must bid
an or indicate "No Bid" for all alternates on the bid form. All bid farms
must be filled out in their entirefy.. Figures must be provided for all unit
prices and values. Incamplete bid forms may be considered non-
responsive.
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9.3 Bids by corporations must be executed in #he corporate name by the ;
president or a vice-president {or other corporate officer accompanied by ,
evidence of authority to sign) and the corporate seal must be affixed
and attested by the secretary or an assis#an# secrefary. The corporate
address and state af incorporation shatl be shown belaw the signature.
' 9.4 Bids by partnerships must be executed in the partnership name ;
and signed by a partner, whose title must appear under the signat�r�
and fihe official address of the partnership must be shown below the �
signature.
9.5 All names must be typed ar printed clear(y below the signature.
_ 9.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the �
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numbers of which shall be #illed in on the Bid Form).
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9.7 The address and phone number, to which communicatians regarding fihe �
Bid, are �o be directed must be shown. �
9.8 If the Bid form contains Aiternate(s), Bidder must bid on the Alternate{s) or
indicate "No Bid" for the Unit Price on the Bid Proposal form.
70. SUBMISSION OF BlDS ;
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Two Bids (one original and one copy) shall be submitted at fhe time and place
indicated in the Advertisement for Bids and shall be included '[n an opaqu� �
; sealed envelope, marked with the Project title and name and address of the ;
Bidder and accompanied by all ofher required docurnents. If the Bid is sent '
through the mail or other delivery system the sealed envelope shall be enc[osed i
' in a separate envelope with the notation "BID ENCLOSED" on the face thereof,
� with the Project name on the front.
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� 11. MODIFICATIUN AND WITHDRAWAL OF' BIUS �
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1'E.9 Bids may be modified or withdrawn by an appropriate document duly ;
execu#ed (in the manner that a Bid must be executed} and delivered fa �
the place where Bids are to be submitted at any time prior ta the y
opening af Bids. �
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'i 1.2 If, within twenty�four hours after Bids are opened, any Bidder files a duly
signed written notice with Owner and promptly thereafter demonstrates
to the reasonable satisfaction of Owner that there was a material and
substantial mistake in the preparation of his Bid, that Bidder may
withdraw his Bid and the Bid Security will be returned. Thereafter, that
Bidder may be disqualified from further bidding on the Work. lf a notice is
fifed with Owner after 24 hours theri the Contractor will sacrifice his Bid
Bond.
12. OPENING OF BIDS
12.1 Bids will be opened publicly.
'12.2 When Bids are opened pubficly th�y will be read aloud, and an abstract of '
the amounts of #he base Bids and major alternates (if any) will be made �
available after the opening of Bids. �
73. BIDS TO REMAIN OPEN
All Bids shall remain apen for ninety days after the day of the Bid opening, but
Uwner may, in his sole discretion, release any Bid and return the Bid Security :
prior to that date. ;
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'! 4. AWAR� 4F CONTRACT ;
14.'f 4wner reserves the right to reject any and all Bids, to waive any and all
informalities and fo negotiate cantract terrns with the Successful Bidder,
ar�d the right to disregard all nonconforming, non-responsive or
canditional Bids. Discrepancies be#ween words and figures will be
� resolved in favor of words. Discrepancies between the indicated sum of
any column of figures and the correct sum thereof will be resolved in favor j
of the correct sum. Discrepancies between the indicated va[ue and the
correct value as calculated by the product of the unit price and the �
estimated quantity, will be resolved by using the stated unit price. '
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'i�4.2 In evaluating Bids, the Owner shall consider the qualifications of the i
Bidders whether or not the Bids comply with the prescribed requirements, ;
; alternates, and unit process, if requested in bid form. �
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14_3 Owner may consider operating costs, maintenance consideratians,
performance data and guarantees of materials and equipment in
evafuating bids. '
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14.4 Owner may conduct such investigations as he deems necessary to i
assist in the evafuation of any Bid and to establish the responsibility, �
, qualifications and financial ability of fhe Bidders, proposed !
Su�cantractors and other persons and organizations to do the Wark in ;
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; W1536B
accordance with the Contract Documents to Owner's satisfaction within
the prescribed time.
14.5 Owner reserves the right to rejec� the Bid af any Bidder who does not pass
any such evaluation ta Owner's satisfacfion.
14_6 If the contract is to be awarded, it will be awarded to the lowest responsive
Bictder based on the Total Base Bid Cost F.O.B. (per Ton) or the Totaf
Alternate Bid Cos# F.O.B. {per Tan) on the Bid Form whose evaluation by ;
�wner indicafes to Owner that fhe award wilf be in the best interest of the
4wner.
'[�4.7 If the contract is to be awarded, for either the Base Bid Cost F_O.B. (per
Ton) or the Alternate Bid Cost F.O.B. (per Ton), Owner will issue a
purchase order to the Supplier each year of the contract period at the
beginning o�F each fiscal year (October). �
14.8 If the con#ract is to be awarded, Owner will give fhe Successful Bidder a
Notice o# Award within ninety (SO) days after the day of the Bid opening.
14.9 More than one Bid received for the same work from an indi�idual, firm,
partnership, corporatian or association under fhe same or different narnes
wi11 not be considered, If, in the de#erminatio� of the Owner, there is -
reasanable grounds for be(ieving that any Bidder is interestecf in mora
than one Bid for the same work, or that any coflusion exists amang the
Bidders, this will resul� in the rejection of the Bids of those Bidders wha '
participated in those Bids. In either case the Owner may deem those ;
Bidders not to be a responsible ar qualified Bidder. !
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' 15. SIGNING OF AGREEMENT �
When Owner gives a Notice of Award ta the Successful Bidder (aka Supplier), it ;
will be accompanied by two �tnsigned counterparts of the Agreement and all
4ther Contract Documents. Within fifteen days thereafter Supplier shall sign and �
deliver bath sets of the Agreement to Owner with all other Contract Documenfs
attached. Within #hirty days thereafter, Owner wil! deliver one fully execufed �
agreement fo Supplier.
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16. CONTRACT CANCELLATION �
;
The Tawn of Jupiter reserves the righfi to cance[ the cantract at any time wifih a '
thirty (30) day written notice. Town will be obligafed only #o pay supplier for ';
chemical delivered to and received by the Town prior to the end af the 30 cfay !
' notice.
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W1536B �
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1l. iNDEMNIFICATION
By placing a bid, fhe bidder agrees to indemnify and hold the Town of Jup'rter, i#s
agents, employees and elected officers free and harmless at all times from and
against any a�d aU claims, liability, expenses, losses, suits, costs, fines, and
damages (includir�g attorney's fees} arising aufi af or inciden# to or in connection
with the bidder's responsibility to perform under this contract. This agreement in
no way restricts or interteres wi#h the right of any political subdivision of Palm
Beach County, Florida, to re-bid any or all ifems. '
18. EQUAL OPP�RTUNlTY
The Town of Jupiter recognizes fair and open competition as a basic fenet of
public pracuremenf. Contractors doing business with the Owner are prohibited
from discriminating on the basis of race, color, creed, national origin, handicap,
age ar sex. �
'f9. �CCUPATI4NAL HEALTH & SAFETY '
19.1 In compliance with Chapter 442, Florida Statutes, any toxic substance
iisted in Section 3SF-41.03 af the Florida Administrative Code delivered as
a result of this Bid must be accompanied by a Material Safety Data Sheet
-- ("MSDS") which may be obtained from the manufacturer. The MSDS must
inclUde the following information: �
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19.1.1 The chemical name and the common name of the toxic i
substance_
'19.1.2 The hazards or other risks in the use of fihe toxic subs#ance I
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including: a) The potentiaf for fire, explasion, corrosively and '
reac#ivity; b) The known acute and chronic health effecfs of
: risk from exposure including the medical conditions which ;
are generally recagnized as being aggravated by exposure �
ta the toxic substance; and c) The primary routes of entry ;
and symptoms of over exposure.
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19.1.3 The proper precautions, handling prac#ices, necessary
! personal protection equipment and oti�er safety precautions !
in the use o� or exposure to #he toxic substances, including �
appropriate emergency treatment in case of exposure. �
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'19.1.4 The emergency pracedure for spills, #'ire, disposal and first
aid. '
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19.'f .5 A description in lay terms of the known specific potential i
health risks posed by the toxic substance intended to alert I
any person reading this information. !
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� W1536B
19.9.6 The year and manth, if availabie, that the information was
compiled and the name, address, and emergency telephone
number of the manufacturer responsible for preparing fhe
information.
20. AUDIT RIGHTS
20.1 The Owner reserves the right to audit the records af the successful Bidder
� for the cammodities and/or services provided under fihe Contract at any :
time during the pertormance and term of the Contract and for a period of
. five (5) years after completion and acceptance by the Owner. If required
by the Owner, the successful Bidde� agrees fio submit to an audit by an �
independent certified pc�blic accountant selected by the Owner. The i
successful Bidder shall allow tF�e Owner fo inspect, examine and review ;
the records of the successful Bidder in relation to this Contract at any and
ali times during normal business hours during the term of the Contract.
20.2 The inspector Generaf of Palm Beach County has the authority to
investigate and audit matters relating to the negatiation ar�d perFormance i
of this Cantract and in furtherance thereaf may demand and obtain
records and testimony from the Contractor and its subcontractors and
--� lawer tier subcontractors. The Contractor understands and agrees that in
addition to other remedies and consequences provided by law, the failure ;
of the Contractar or its subcontractors or lower tier subcontractars to fully
cooperate with the Office of Inspector General of Palm Beach County
when requested may be deemed by the municipality to be a material
�reach of this contract justifying its fermination. The Office of Inspector i
General in Palm Beach Caunty is established by Palm Beach County
Code, Section 2-421 - 2-440. Failure to c�operate witFt the Inspector
General ar interfering with or impeding any investigation shall be in �
violation of Palm . Beach County Code, Section 2-421 -- 2-440, and be ;
punished pursuant to Section 125.69, Fiorida Statutes, in the same !
manner as a secand degree misdemeanor. �
� ;
21. CONFLICT C1F IIVTEREST �
.;
' The award hereunder is subject to the provisions of Chapter 112, Florida ;
Statutes. Bidders must disclose with their Bid the name of any officer, director, i
partner, praprietor, associate or agenfi who is also a public officer or employee of ;
. the �wner or any of its agencies. Further, all Bidders must disclose the name of �
any public officer ar emp[oyee of the Owner who owns, directly or indirectly, an
. interest of five percent {5%) or more in the Bidder's firm or any of its branches or
� affi[iate companies. i
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' W1536B '
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22. SPECIAL LEGAL REQUIREMENTS
22.1 PUBLIC RECORDS
The SUPPLIER shall compfy with public records laws Chap#er 919, Florida
Statutes, specifically to: Keep and maintain public records that ordinarily and
necessarily woufd be required by the TOWN in order to perform the service;
Provide the public with access to public records on the same terms and
canditions that the TOWN would provicEe the records and at a cost that does not
exceed the cosf provided in Chapter 1'#9, F'.S, or as otherwise provided by law;
Ensure that public recards that are exempt ar confidential and exempt from
pubtic records disclosure requirements are nat disclosed exempt as authorized
by law; Meet ail requirements for retaining public records and transfer, at no cosf,
to the T�WN all public records in possession of the contractor upon terrnination
of the contract and destroy any duplicate public records thafi are exempt of ;
confidenfiial and exempt from pubfic disclosure requirements. A!I records stored �
electranically must be provided to the TOWN in a fiorrr�at that is compatibfe with
#he information technolagy systerns of the TOWN. if the SUPPL.IER does not
comply with a public records request, the pubfic agency shall enforce the
contract provisions in accordance with the contract. ;
119.0701 Contracts; public records. �- '
. ..... ;
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(1) For purposes of this section, the term:
(a} "Contrac#ar" or "Supplier" means an individual, partnership, corporation, o�
. business entity that enters into a contract for services with a public agency i
and is acting on behalf of the public agency is provided under s. i
119.01 'i (2}.
(b} "Public agency" means a state, county, district, authority, or municipal '
officer, or de�oartment, division, board, bureau, commission, or other
separate unit government created or established by [aw.
: (Z} In addifion to other contract requirements provided by law, each public �
agency contract for services must include a provision that requires the �
contractor to comply with public records laws, specifcally to: ;
� �
(a) Keep and maintain public records that ordinari[y and necessarily would be
required by the public agency in order to perform the service. �
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(b) Provide the public with access ta public records an the same terms and
conditions that the public agency wauld provide the records and at a cost ;
that does not exceed the cast pravided in this chapter ar as otherwise ;
provided by law. '�
(c) Ensure thaf public records that ar� exempt or confidential and exempt �
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W1536B
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from pubfic records disclosure requirements are not disclosed except as
authorized by law.
(ct} Meet all requirements for retaining public records and transfer, at no cost,
to the public agency a11 publi� records in possession of the contractor
upon fiermination of the contract and destroy any dupiicate public records
that are exempf or confidential and exempt from public recards disclosure �
requirements. All records stored electronically must �e provided to the
public agency in a format #hat is compatible with the information
technology systems of the pubfic agency.
�
If a contractor does not comply with a public records request, the public agency
shall enforce the contract provisians in accardance wifih the contract.
;
22.2 OFFER EXTElVDED TO OTHER GOVERNMENTAI� ENTITIES
�
The Town of Jupiter encourages and agrees #o #he successful bidcter extending
the pricing, terms and conditions of this solicitation or resuftant contract to other
governmentai entities at the discretion of the successful bidder.
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� Bidding Company Name: �/'I ri P ✓� C'Gt p."'I t['a �
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PROPOSAL :.
TO
TOWN OF JUPITER UTILITIES
FOR I
CHEMICAL BID W1536B
CONTRACT FOR SUPPLYING SULFURIC ACID �
Town of Jupiter �
210 Military Trail �
Jupiter, Florida 33458 ;
Gentlemen: i
The undersigned as Bidder does declare that no person or persons other than !
�
the Bidder herein named had any interesf in this Proposal or in the contract to be taken, �
and that it is made without any connection with any other person making a Proposal for
the same item(s), and is in all respects fair and without coflusion or fraud. �
The undersigned further declares that he has carafully examined the �
specifications and is thoroughly famifiar with its provisions and with the quality, type and �
grade of materials called for. j
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It is propased thaf the project herein described shall be constructed for the Unit
Prices as follows, all in accordance with the requirements and provisions of the Contract
Documents. The quanfities stated below are one ('I ) year and three (3} year estimates. �
Actual quantities rnay be less than or exceed the estimated quantities below.
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The undersigned further declares that he proposes to furnish the item(s) called �
for within the specified tirne in this Proposal for the following prices: i
Base Bid: (1 year Contract Period)
Contract for Supplying Sulfuric Acid - Esfimafed Quantity 3.908 Tons (1-year period)
Unif Price (Per Ton) $ �O �. � �(
Freight {Per Ton) $_ ,� � , U (�
Total Base Bid Cost F.O.B. (Per Ton) $ / n a, .�� G l
Total Base Bid Cost for 3,908 Tons (F.O.B) $ i (0,,2 ,�f �$ �t, ��
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W'I 536B �
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Alternate Bid: {3 year Contract Period}
Contract for supplying Sulfuric Acid- Estimated Quantity 11,724 Tons (3 year period) �
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Unit Price (Per Ton) $ � D. DD �
Freight (Per Ton) $ 3�, F�F7 �
Total Alternafe Bid Cost F.O.B. (Per Ton) � 1 I 8 . d � �
E
Total Alternate Bid Cost for 11,724 Tons (F.O.6) $ l,'3 8� , y.3�
Total A[ternate Bid Estimate Annual Cost F.O.B. (Tons) $�/� J 1 /�fy
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(THIS SPACE INTENTIONALLY LEFT BLANK.) '
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W1536B
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The undersigned furfhermore agrees that, in case of failure on his part to execute said
contract within (15) days after being awarded the confract may forfeit his right to the
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contract and Owner may choase to offer fhe contract to the next low bidder or re-bid the a �
contract.
The undersigned understands and accepts that the Contract commences on October 1, �
2015 and continues for one year, ending September 30, 2096 if the contract is awarded �
based on the Total Base Bid; or continues for three years, ending on September 30,
2018 if the contract is awarded for fhe Total Alfernate Bid. The undersigned I
understands and accepts that the Owner may elect to commence the Contract prior to I
October 'I, 2015 and that the Contract expiration dates will remain as stated. ;
� I
The undersigned, acknowledges that payments made by #he Town of Jupiter will be
made via electronic funds transfer {EFT) and vendor will provide the Town of Jupiter !
I
with the information required to make EFT payments. '
� ;
The undersigned understands and accepts that Owner will issue a purchase order in
October of each year of the cantract period for th� estimated annual quantity at the �
�
Tota( Base Bid Cost (F.O.B.) or the Total Alternate Bid Cost (F.O.B.), whichever the
Contract is awarded for. Payment to the SUPPLIER will be based on the Total Base Bid
Cost F.O.B. (per Ton) or Total Alternate Bid Cost F.O.B. (per ton) based on actual ,
quantities delivered to and received by the Owner.
The undersigned agrees that all bid documents issued for this Contract, including
addenda, have been reviewed and site visits perFormed, as necessary to provide a
camprehensive bid. The undersigned acknowledges receipt of �i (insert number) i
Addenda for this Bid.
The undersigned is aware that The Inspector Generai of Palm �each County has the
authority to invesfigate and audit matters relating to the negotiafion and performance of
this Contract and in furtherance thereof may demand and obtain records and testimony
fram the Contractor and its subcantractors and lower tier subcontractors. The
Contractor understands and agrees that in addition to other remedies and ;
consequences provided by law, the faifure of the Con#ractor or its subcontractors or �
17
' W15366
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lower tier subcflntractors to fully caoperate with the Office of lnspector General of Palm
Beach County when requested may be deemed by the municipality to be a material
breach of this contract justifying its termination. The Office of Inspector General in Palm
Beach County is established by Palm Beach County Code, Section 2-421 — 2-440.
Failure to cooperate wifh the Inspector General or interfering with or impeding any �
investigation shall be in viofation of Palm Beach County Code, Section 2-421 — 2-440, '
and be punished pursuanf to Section 125.69, Florida Statutes, in the same manner as a �
second degree misdemeanor.
The undersigned states that this proposal is the only proposal fflr this project in which
he is interested.
,
COMPANY NAME_ ��'1 v� F v� �JG1 �'�^+ r cG- � I
�
BUSINESS ADDRESS j7�S.� �ovc��s��c.�' C��� .���t G�o��1��Hc�'s� 7x 7�3��j �
BUSINESS TELEPHONE � ��- 34 �7 — �� � a w �
SIGNATURE O F R E S P O N S I B L E O F F I C I A L J�-�� �� � v �� 5` C� �
i PRINT NAME & 71TLE_ ��� "lG�rea�l5r"!j , vace �✓es��en'� i
STATE OF 1NCORPORATION e t� S i
DATE OF BID SUBMISSION ,��� � ��.�
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W9536B
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SWORN STATEMENT �
PURSUANT TO SECTION 287.133(3)(a),FLORIDA STATUES, ;
ON PUBLIC ENTlTY CRIMES ;
. � �
THiS �ORM MUST BE SIGNED AND SWORN TO'1N THE PRESENCE OF A NOTARY •
PUBLIC OR OTHER OFFICIAL AUTHORI�ED TO ADM[NISTER OATHS. !
1. This sworn statement is submitted to ���►� D� �c,t i f�/'� i
[print name af th public entity]
by �� ��� c«c� ��! I/( ( e���,5� i d e��� .
[print indiv�dual's name and title]
for ,��1 ✓,�C �/c' L e�.� � Cv� a�t�/
[ prin# name of entit y submittin g swo�'n sta�e me n t] !
whase business address is:
I �1.Ss 1,�looc�s�c�a �f C'-L .
71�� W���<z14��� , 7x �'13�u �
�
and (if applicable) its Federal Employer ldentification Number (FEIN) is:
'
(If the entity has no FEIN, include the Social Security Number of the individual E
signing this sworn Statement: .) �
�
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2. I understand fhat a"public entity crime" as defined in Paragraph 287.133(�)(g),
Florida Statutes, means a violation of any state or federal law by a person with
respect to and directiy related to the transaction of business with any public entity
or with an agency or political subdivision of any other state or of the Uni#ed
States, including, but not limifed to, any bid or contract fo� goods or services to
be provided to any public entity ar an agency or palitical subdivision of any other I
state or of the United States and invalving antitrust, fraud, theft, bribery, ! �
co(lusion, racketeering, conspiracy, or material misrepresentation. � '
3. I understand that "convicted" or "conviction" as defined in Paragraph '
287.133(1)(b}, Florida Statutes, means a finding or guilt or a conviction of a
pubfic entity crime, wifh vr without an adjudicafion of guilt, in any federa( or state
trial court of record relating to charges brought by indictment or information after
July 1, 7989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty �
or nolo cantendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida
Statutes, means:
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a. A predecessor or successor of a person convicted of a public entity crime: or
b. An entity under the control of any natural person who is active in the �
management of the entity and who has been convicted of a pub(ic entity crime. i
, The term affiliate includes those officers, directars, executives, partners, !
�
shareholders, employees, members, and agents who are ac#ive in the
management of an affiliate. The ownership by one person of shares constituting i
a controlling interest in another person, or a pooling of equipment ar incc�me
among persons when not for fair market value under an arm's length agreement, �
shall be a prima facie case that one person controls another person. A person �
who knowingly enters info a joinf venture with a person who has been convicted �
af a public entity crime in Florida during the preceding 36 months shall be �
considered an affiliate. �
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5. I understand that a"person" as defined in Paragraph 287.133{1)(e), Florida i
Statutes, means any natural persan or entify organized under the laws of any
state or of the United States with the legal power to enter into a binding contract
and which bids or applies fo bid on cantracts for the provision of goods or ;
se�vices let by a public entity, or which otherwise transacts or applies to transact �
business wifh a public entity. The term "person" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents !
- who are active in management of an entity. I
6. Based on information and belief, the statement which I have marked below is '
true in relation to the entify submitting this sworn statement. [indicate which .
statement applies.]
�
,..� Neither the entity submitting this sworn statement, nor any officers, �
directors, executives, partners, shareholders, employees, members, or agents �
who are active in the management of the entity, nor any affiliate of the entity, has �
been charged with and convicted of a public entity crime subsequent to July 1,
`, 1989.
;
The entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents
who are active in the management of the entify, or an affiliate of the entity has
been charged with and convicted of a public entity crime subsequent to July 1,
� 1989.
The entity submitfing this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents
who are active in the management of the entity, or an affiliate of the entity has
been charged with and convicted of a public entity crirne subsequent to July 1,
1989. Hawever, there has been a subsequont proceeding before a Hearing
Officer of the State of Florida, Division of Administrative Hearings and the Final
Order entered b the Hearin Officer determined that it s t'
wa no m ub ic ' t
I e es
Y g in r t
p
� to �
lace the ent't s b
p i y u mitting this sworn statement on the convic#ed vendor list.
20 I W 1536B
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[attach a copy of the final order]
I UNDERSTAND THAT THE SUBIVIISSION OF THIS FORM 70 THE CONTRACTlNG
(3FFIC�R FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1(ONE) ABOVE �
IS FOR TMAT PUBLIC �NTITY ONLY AND, THAT TH(S FORM IS VALID THROUGH �
DECEMB�R 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED, 1 ALSO
UNDERSTAND THAT I AM REQUIRED TO INFQRM THE PUBl.IC ENTITY PRiOR TO
ENTERING INTO A CONi'RACT W EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SEC710N 287.017, FLORIDA STATUTES FOR CATEGORY TWO O� •:
ANY CHANG IN THE INFORM • lON CONTAINED IN THIS �ORM. � j
, �� � �� �
���� [signature] �
Sworn fo and subscribed before me this _� day of ,�,�j� C
PersonaUy known i
OR Produced identification �(• �2/1�(/S �� Public - State of /v2/ ��, I
{Type of identification)
My c� ' i exp'~ j �`�` ,GI�G J �'�._ �
� � ��, Sta of Ftoride
{Prin ��' s ioned name notary public) !
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ADD�NpUIVI NO. 1
TO
CON7RACT DOCUMENTS
April 27, 20'i 5
� PROJEC7 TITLE: TOWN OF JUPITER
f CONTRACT FOR SUPPLYING SULFURIC ACID (W 1536B)
� TO: Atl Plan Holders of Record
�' This addendum forms a part of fhe Contract Documents and modifies the original Projecf
Documents as noted below. Acknowledge receipt of this Addendum in the space provided
on the Bid Proposal form.
IN THE FRONT END DOCUMEN7S
AGREEMENT
DELETE the Article 4"Contract Time" of the Agreement (Contract) Befween Owner and
Supplier in its entirety and REPLAC� it with the revised Article 4"Contract Time" of the
Agreement (Contract) Between Owner and Supplier as follows:
Article 4. CONTRAC�T TIME.
The Goods are to be delivered to the point of delivery and ready for OWNER's
acceptancs of delivery during the month of October, 2014 as outlined in the
specifications, or as agreed on between the Town and Supplier, Contract shall
continue for one (1) year to September 30, 2015 if the Base Bid is awarded or for
three (3) years tc� September 30, 2018 if the Alternate Bid is awarded.
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END OF ADDENDUM 1
W 1536B
Addendum 1
Page 1 of 1
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ADDENDUM NO. 2 �
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TO
CONTRACT DOCUMENTS
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May 6, 2015 -
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PROJECT TITLE: TOWN OF JUPITER
CONTRAC7 FOR SUPPLYING SULFURIC ACID (W1536B) i
TO: All Plan Holders of Record �
This addendum forms a par# of the Contract Documents and modifies the original Project
Documents as noted below. Acknowledge receipk of this Addendum in the space provided �
on the Bid Proposal form.
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IN THE FROIVT �'ND DOCUMEN7'S
AGREEMENT �
DELETE the Article 4"Co�ntract Time" of the Agreement (Contract) Befween Owner and �
Supplier in its entirety and REPLACE it with the revised Article 4"Contract Time" of the (
Agreement (Contract) Between Owner and Supplier as follows: ;
Article 4. CONTRACT TIME. I
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The Goods are to be delivered to the point of delivery and ready for OWNER's �
acceptance of delivery during the month of October, 20'(5 as outlined in the �
specifications, or as agreed on between the Town and Supplier_ Contract shall I
continue for one (1) year to September 30, 2016 if the Base Bid is awarded or for
three {3) years t� September 30, 2018 if the Alfernate Bid is awarded.
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i Shrieve Chemical Co�pany
�— 1755 Woodstead Court
f Thc Woocilnnds, Texas 77380
800-367-4226
Fax: 281-3G7-0071
Thursday, May 14, 2015
To: Town of lupiter
From: Shrieve Chemical
Re: Chemical Bid W1536B-Sulfuric AcicO
This affidavit attests that our sulfuric acid complies with all applicable specifications referenced wlthin the bid.
We have also attached a typical certificate of analysis to illustrate this as well.
; ' Tha�nk you.
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Regards, ,
- CI�.�'i� 13 u.Yw�r i
Chris Bui�ns
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Shrieve Chemical, S� Region
204 S Lalce Florence Dr. Winter Haven, FL 33884
P 800.367.422G F 281.367.0071
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8813 High�vny 41 South - Rivervie�v, Floridn 33569
Tcicphone 813-677•91 I I- Telex 52666
F.AX - Accounting 813-671 G283
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SULFURIC ACID '
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TYPICAL AVCRAG� PRODUCTION SP�CIrICATIONS '
Sulfuric Acid (HzSOa) 93%
Iroi► (I{'e) < 15 ppm
Reducing Substances as SOa <20 ppm
Nitrates as NOa <10 ppm
Chlorides as CI < 5 ppm
Ammonium as NHa� < 1 ppm
Heavy Metals as Pb < 1 ppm
Aluminum (Al) < 0.5 ppm
Antimony (Sb) < 0.5 ppm
Arsenic (As) < LO ppm
Cadmium (Cd) < 0.5 ppm
Chromium (C►•) < 1 ppm
Copper (Cu) < 0.5 ppm
Lead (Pb) < 1 pPm
Manganese (Mn) < 0.5 ppm
Mercuiy (Hg) < 2p ppU
Nicicel (Ni) < 0.5 ppm
Platinum (Pt) < 0.5 ppm
Potassium (I�) < 1 ppm
Selenium (Se� < 0,5 ppm
Zinc (Zn) < 0.5 ppm
Tixed Rcsidu� 110 ppm
Organic Mattei• < 10 ppm
Coloi• 30
Turbidity (N7['in < 1
NSF
Certified to Max. Use:
AIV;�IlNSF-80 50 mglL .
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Stc�te o Flo�ida
Depa�t,�n en t of ��State
I certify fi•om the records of this office that SHRIEVE CHEMICAL COMPANY
is a Texas cotporation aiithorized to transact business in the State of Florida,
qualified on November 20, 2003.
The document numUer of this corporation is F03000005952.
I further certify that said corporation l�as paid all fees due this oftice tl�rough
December 31, 2015, that its most receiit aruival report/unifonn business report
was filed on January 22, 2015, and its status is active.
I fiu�ther certify that said coiporation has not �led a Certificate of Withdrawal.
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Given rurr/er n1y Jrruul �uir! the
Gr�eat Seal of tlre Stnte of Floi�id�r
at Tallrrlinssee, tlte C�q�ifa/, tlris
tlre Tfventy-seconrl day of Janr�at}�,
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AutltenEicofion ID: CC4481645498
To authenticate this certIficate,vislt ti�c following sitc,entcr this I
ID, nnd Uhen follo�v thelnstructtons disptaycd. I
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� Shriev� Chemical Company
I j� 1755 Woudstead Court
i _/�" The Woodlonds, Texas 77380
� 800-3G7-422G
fax: 281-3G7-OU71
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j Ref�erences:
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! 1. City of Wollywood-Ralph Diri<s- Purchasing Manager, 954-921-3323, Multi-year
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2. City of Boynton Beach-Janet Allen-Purchasing Manager, 561-742-6322
� 3. Indian River-Vero Beach-Jerry David-Purchasing Manager, 772-226-1418, Multi-year
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� 4. City of Bonita Springs Hest�er, Purchasing Manager, 239 Multi
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�- 5. City of Sarasota-Peter, Purchasing Manager, 941-951-4198, Muiti Year
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Chris Burns
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p �ihrieve Chemical, S� Region a
; 204 S Lalce Florence Dr. Winter Haven, FL 33884
P' 800.367.4226 F 281.367.0071
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NS F International
RECOGNIZES
The Mosaic Company
Lithia, FL
AS C4MPLYIlVG VSTITH NSF/ANSI 60 AND AI,L AppLICABLE REQUIREMEN'I'S.
PRODUCTS APPEAR]NG IN 'I�3E NSF OFFIGIAL LISTIlVG ARR
AUTHORIZED TO BEAR THE NSF MARK.
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CertiSarioa Pmpvn CcrrilFcuon Progrun
Ac�cdt�f the y�,
bY Acccdi¢d �bc
Amcinn 2utiond S��ndmds Cwacil
Snnda+ds Iasc�oe of Caruda
Tftis ccrGfipu is the property of NSF Tntcraaaoaal and must be reduned upon request For the most cmzent and complete infoimatian, please access NSF's website (www,nsf.org).
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''anuary 10, 2011 David Parldss, General Manager
Certificate# 00960 - 04 Water Distribution Systems
SAFETY DATA SHEET
J SULFURIC ACID
Rev. Date: 10l10/2013
Shrieva
1. IDENTIFICATION
Product Name (s) SULFURIC ACID
Product Use pH ad,fustment, water trealment and various industrial appllcations.
Suppller Shrieve Chemical Company
1755 Woodstead Court, The Woodlands, TX 77380-USA
Contact Numbers 800-3E7-4226
E•mail Contact for SDS Cusi-ServCa).shrieve.com (customer service)
Emergency Tetephone CHEMTREC: 800-424-9300
Number
2. HAZARDS IDENTIFICATInN
Human Health Cause;s severe skin and eye burns.
Safety Reacfs violentiy with water. Contents under pressure may be explosive.
Environmental
3. COMP051TION / INFORMNTION ON INGREDIENTS
Description Mixture
Component Product Name EINECS No. CAS No. Conc. (%)
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Sulfuric Acid 7664-93-9 65-100 �
Water 7732-18-5 balance
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4. FIRST AID MEASURES
Inhalatlon Remove victim from Immedfate source of exposure and assure that the victim fs
breaihing. If breathing is difficult, administer oxygen, if available. If victim Is not
breaihing, administer CPR (cardio-pulmonary resuscitation). Seek medical atiention.
�'� � Shrieve Chemical Company Page 1/7
SAFETY DATA SHEET
J SULFURIC ACID
f
Rev. Date; 10/10/2013
Shrieva
Skln In cas�a of contact, Immedlately wash with plenty of water for at least 15 minutes.
Seek medical attention if Irrilation develops or persists. Remove contam(nated
clothing and shoes. Clean contaminated clothing and shoes before re-use �
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Eye Obtain Immediate medicai attention. Immediately flush eye with plenty of water for
at least 20-60 minutes whlle holding eyelids open. i
Ingestion If victim is conscfous and alert, give 2-3 glasses of water to drink and do not Induce
vomitin�g. Seek immedfate medical attention. Do not leave victim unattended. To
prevent aspiration of swallowed product, lay victim on side with head lower ihan
waist. Vomfting may occur spontaneously. If vom(ting occurs and the victim is
conscious, give water to further dilute the chemical.
5. FIRE FIGHTING MEASURES
Exfinguishing media Use extinguishing media sultable for surrounding fire
Unsuitable extinguishfng None,
medla
- � Fire fighting procedures Fireflghters should wear NIOSH/MSHA approved p�siqve pressure breathing
� apparatus with full face-piece and full acid-reslstant protective clothing. Fight fire
from maximum distance, Reacts violently with water releasing heat and corroslve
' materiaL
Combustton products Oxides of sulfur.
6. ACCIDENTAL RELEASE I��EASURES
Personal Precautions Personnel handling this materfal should be ihoroughly tralned to handie spllls and
releases. Do not direct hose streams into an unignfted transportation splll (tank truck
or tank car).
Personal Protection Wear protective clothing specified for normal operations (see section 8).
Envlronmental Protection Do not flush to drain. Runoff from fire control or dNution water may cause pollution.
Stop leal< (F ii can be done without risk. Dike spill using absorbent or impervious
Clean up methods - small materia{s such as earth, sand or clay. Dike or retain dilution water or water from �
spillage firefighting for later disposal.
Clea� up methods - large Stop leak If it can be done without risk. Dike splll using absorbenf or impervious I
splllage materials such as earth, sand or clay. Dike or retain dilution water or water from
fireffghting for later disposal. Pump any free liquid into an appropriate closed
contain�r. Exercise caution during neutralization as consfderable heat may be .
generat�ad. Carefully neutralize splll with soda ash. Absorb neutralized spill with an
inert absorbent. Scrape up and place in approprlate closed container (see Section 7:
Handling and Storage).
Shrieve Chemical Company Page 2/7
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SAFETY DATA SHEET
SULFURIC ACID
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Si�rieva
Rev. Date: 10/10/2013 �
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7. HANDLING AND STORAGE
' Do no� breathe vapors and mists. Do not get on skin or in eyes. This product reacts
Handling violently with bases liberating heat and causing spattering.
When diluting an acid, ALWAYS add the acid slowly to water and stir well to avoid
spattering. NEVER ADD WATER TO ACID.
Storage Store In tightly closed containers. Store in an area that is dry, well-ventilaled, diked
with irripermeable material.
8. EXPOSURE CONTROLS/F'ERSONAL PROTECTION '
Occupatonal exposure limits TWA (8 hours) STEL (15 min) Ceiling
Components: List name ppm mg/m3 Other ppm mg/m3 Other ppm mg/m3 Other Notes
SulfurlcAcld USACGIH - 1 - 3 - - -
OSHA PEL - 1 • - - -
Occupatlonal Exposure Provlde adequate ventilation. If this product contains ingredients with exposure limits,
Standards personal, workplace atmosphere or blological moni#oring may be required to
determine the effectiveness of the ventilation or other contro! measures and/or the
necessft�� to use respiratory protective equfpment.
Engineering Control Where �nglneering controls are indicated by use conditions or a potential for
Measures excessiv�e exposure exists, the following traditional exposure control techniques may
be used to effectively minimize employee exposures: local exhaust ventilation at the I
point of generation. ,
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Resplratory Protection When respirators are required, select NIOSHlMSHA approved equipment based on l
actual or potential alrbome concentrations and in accordance with the appropriate
regulatory standards andlor industrial recommendations.
Under normal conditions, in the absence of other airborne contaminants, the following
devices should provlde protection from fhis material up to the conditions specified by
the approprfate OSHA, WHMIS or ANSI standard(s): Air-purifying (half-mask/full-face)
respirator with cartrldges/canister approved for use against acid gases.
Hand Protection Chemical res(stant gloves: .
Eye Protectlon Eye and face protectlon requlrements will vary dependent upon work envfronment
conditions and material handling practices. Appropriate ANSI Z87 approved
equlpment should be selected for fhe particular use fntended for this material.
Eye cont��ct should be prevented through use of chemlcal safeiy glasses wlth side
shields oi� splash proof goggles. An emergency eye wash must be readily accessible
to the worlc area. �
Shrleve Chemical Company Page 3/7 �
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SAFETY DATA SHEET
SULFURIC ACIQ
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Shriave
Rev. Date: 10/10/2013
Body Protection Skin contact must be prevented through the use of permeation reslstant clothing,
gloves amd footwear, selected with regard for use condiiions and exposure potential.
An emergency shower must be readily accessible to the work area. Consideration
must be given both to durablllly as well as permeation resistance.
9. PHYSICAL AND CHEMICA,L PROPERTIES
Appearance & Physical state Golorless, oily liquid
Odor none,
Odor Thresold Not applicable
pH-value 1 at 1% byweight
MelEIng/Freezing Point -36 to -28 C(-33 to -18 F)
Initial Botling Point 151 to 276 C(304 to 529 F) at 760 mmHg
Range I
Flash Polnt Not applicable !�
Evaporatfon Rate Not avai�able
Flammablltty Not appUcable
Upper/Lower Explosion Not available
Limits
Vapor Pressure 1 to 0 mmHg at 40 C(104 F)
Vapor Density 3.4
Relative denstty 1.6-1.8 (25.°C)
Denslty 1.6 to 1.8 g/ml at 25 C(77 F).
Solubility Dispersible (n water
Partial coefflclent Not available
(n-octanoUwater)
Auto-Ignitlon Temperature Not avaflable
DecomposiEion Temperature Not avallable
Viscosity Not available
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Shrieve Chemical Company Page 4/7
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SAFETY DATA SHEET
f
SULFURIC ACID
Shri�va Rev. Date: 10/10/2013
10. STABILITY AND REACTIVITY
Stabllity Stable under normal conditions of use.
Conditions To Avold None I<nown.
Incompafible Maferials Reacts violently with waier. Avoid strong reducting agents, halogens, bases,
metals and nitrogen compounds,
Thermal Decomposition Oxidles of sulfur
� Products
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11. TOXICOLOGICAL INFORMATIOfV
Basis for assessment Information given is based on the toxicology Iiterature
Skin irrltation No test data found. This product was not tested because strong acids are known
to be corrosfve and cause severe t(ssue destruction.
Eye Irritation 250 ug/24 hr, rabbit. Severely irritating.
Acute toxicity - Dermal ND
LC50 - lethal concentratfon 50°/a of test species, 510 mg/cu m/2 hr, rat.
Acute toxlclty - inhalatlon LC50 - lethal concentraiion 50% of test specles, 347 ppm/1 hr, rat.
Acute toxicity - Oral LD50 - lethal dose 50% of test spec(es, 2140 mg/kg, rat. �
Repeated dose toxicity This product contains substances that are considered to be probably or suspected
human carcinogens. The lnternational Agency for Research on cancer (IARC) has
classified strong inorganic acld mists containing sulfuric acid as a known human
' carcinogen (�ARC Category 1). This classification applies only to sulfuric acid when
it (s gEmerated as a mist. There (s slill debate (n the scientific community whelher
the siudies reviewed by IARC adequately conirolled for confounding occupational
exposures and personal habits such as cigarette smoking and alcohol
consurnption. A few epidemiology studies have suggested a possible assocfatlon
between sulfuric acid exposure and laryngeal or lung cancer; however, fn all these
studies, workers were exposed to many other chemicals, some of which are
recogn�ized carcinogens, such as diethylsulfate and nickel. Considering the multiple
chemical exposures and other Iimitatfons of the studies, we disagree with IARC's
conclusion that a cause and effect relationship between cancer and exposure to
strong inorganic acid mist contalning sulfuric acid has been demonstrated.
Mutagenlcity ND.
Developmental toxlcity ND.
Shrleve Chemical Company Page 5/7 �
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SAFETY DATA SHEET �
j f SULFURIC ACID ;
� � �
� Rev. Date: 10/10/2013 !
Shriava
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4 12. ECOLOGICAL INFORMATION
�
i Basis for Assessment The toxicity of sulfuric acid to fish is dependent on the resulUng pH of fhe water.
' lethality at a pH of 5.0 or below. required to cause lethality varies depending on the
� hardne�s of the water (hard water has some buffering capaclty) and the species of
� fish (sorne fish are more resistant to the effects of acidity). McKee, JE, and Wolf, HA
(Editors), Water Quality Criteria, 2nd ed„ Publication No. 3-A, p. 279, Califomfa State
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Water R'.esources Control Board, Sacramento, CA (rev. 1963).
Mobllity ND
Perslstance/degradability ND
Bloaccumulation ND
Freshwater Flsh Toxicity ND
Freshwafer Invertebrates ND
Toxicity '
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Acute toxicity - algae ND
Acute toxicity - bacterla ND
13. DISPOSAL COfVSIDERATIONS
Waste disposal Chemical addilions, processing or otherwlse altering this materlal may make the
waste management information presented in this MSDS incomplete, inaccurate or
otherwise inappropriate. Please be advised that state and local requlrements for
waste disposal may be more restrictive or otherwise different from federal laws and ,
regulatfons, Consult state and local regulatfons regarding the proper disposal of this 'I
material.
Contalner disposal Drain container and rinse thoroughly. Puncture container to avoid reuse. Dispose to � I
� licensed disposal contractor.
Local Legislatfon The recommendations given are considered approprfate for safe disposal. However,
local regulations may be more stringent and these must be compiied with.
� 14. TRANSPORT INFORMATION
� DOT Classification UN1830, 8, PGII
SULFUFtIC ACID
Reportable quantily: 1000 LBS
Shrleve Chemicai Company Page 6/7 L
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SAFETY DATA SHEET
SULFURIC ACID
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Rev. Date: 90/10/2013
Shrieve i
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15. REGULATORY INFORM�ATION
�
INTERNATIONAL REGISTRATION:
TSCA (USA) All cornponents listed or exempted.
SARA 302/304/311/312 extremely hazardous substances: Sulfuric Acid, 1Q00
Ibs.
SARA 302/304 emergency planning and notification: Sulfuric Acid
SARA 302/304/311/312 hazardous chemicals: Sulfuric Acid
SARA 399/312 MSDS d(strlbutfon - chemtcal inventory - hazard
' Identlficatlon: SULFURIC ACID: immediate (acute) health hazard, Reactive
Hazard.
CERCI_A: Hazardous substances.: Su)furic Acid, 1000 Ibs.
' 16. OTHER INFORMATION
- HEALTH HAZARD: 3
FIRE HAZARD: 0
REACTIV�TY: 2
The information is based on the data of which we are aware and fs believed to be correct as of the data hereof. Since
' the information contained herein may be applied under conditions beyond our control and with which we may be �
unfamiliar and since data made avaflable subsequent to the date hereof may suggest modification of the information,
we do not assume any responsibility for the resuit of its use. This informatlon ls furnished upon condition lhat lhe
person receiving it shall make hls own determinat(on of the suitability of the material for his particular purpose.
Shrieve Chemical Company Page 7I7
NOTICE OF AWARD
TO: Shrieve Chemical Company
204 S Lake Florence Dr.
Winter Haven, FL 33884
ATT: Chris Burns
Project: Chemical Bid W1536B
Contract for Supplying Sulfuric Acid
Town of Jupiter Utilities
Jupiter, Florida
To Whom It May Concern:
This is to advise that on July 7, 2015, the Jupiter Town Council voted to approve award
of the Contract to supply sulfuric acid as a result of your bid submitted on May 26, 2015
in the amount of $102.99 per ton F.O.B for one (1) year(s).
Three (3) sets of Contract Documents are included. Each set contains an unexecuted
agreement and the requirement for attaching a Certificate of Insurance to each (3 total).
Please execute all three (3} sets of the Agreement and return all three (3} sets to my
attention within fifteen (15} consecutive calendar days from August 24, 2015.
We look forward to working wii:h your firm on this contract.
Sincerely,
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Amanda Z. Barnes, P.E.
Town of Jupiter
Assistant Director of Utilities
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W1536B
AGREEMENT (CONTRACT)
BETWEEN OWNER AND SUPPLIER
THIS AGREEMENT is dated as of the � day of (JC_t G1Q�,�' in the year
2015 by and between Town of Jupiter (hereinafter called OWNER) and Shrieve
Chemical (hereinafter called SUPPLIER). OWNER and SUPPLIER, in consideration of
the mutual covenants hereinafter set forth, agree as follows:
Article 1. WORK. SUPPLIER shall complete all Work as specified or indicated in
the Contract Documents. The Work is general�y described as follows:
Supply the Town of Jupiter Utilities Water Treatment Plant with sulfuric acid for a
period of one year beginning October 1, 2015 through September 30, 2016 in
accordance with the Base Bid and contract specifications. -
The Project for which the Work under the Contract Documents may be the whole or only
a part is generally described as follows:
CH�EMICAL BID W1536B
CONTRACT FOR SUPPLYING SULFURIC ACID
FOR
TOWN OF JUPITER UTILITIES
JUPITER, FLORIDA
Article 2. GOODS AND SERVICES. SUPPLIER shall furnish the Goods and other
services as specified or indicated in the Procurement Documents. The Goods to
be furnished are generally described as follows:
Town of Jupiter Utilrties
Chemical8id W95368
Contract for Supplying Sulfuric Acid
Article 3. POINT OF DELIVfRY. The place where the Goods are to be delivered is
the point of delivery and is designated as:
Town of Jupiter Water Treatment Plant
17403 Central Boulevard
Jupiter, Florida 33458
23
W 1536B
Article 4. CONTRACT TIME.
The Goods are to be delivered to the point of delivery and ready for
OWNER's acceptance of delivery during the month of October, 2015 as
outlined in the specifications, or as agreed on between the Town and
Supplier. Contra�ct shall continue for one (1) year to September 30, 2016.
Article 5. CONTRACT PRICE.
OWNER shall pay SUPPLIER for furnishing the Goods and Special
Services and for performing other services in accordance with the
Procurement Do�uments in current funds as follows:
According to the Total Base Bid Cost F.O.B. (per Ton) as presented in the
Notice of Award.
Article 6. PAYMENT PRO�CEDURES
Payments made by the OWNER will be made via Electronic Funds
Transfer (EFT). SUPPLIER will provide the OWNER with the informa#ion
required to make EFT payments.
SUPPLIER shail invoice the Owner after delivery of material and
acceptance by Owner.
Article 7. SUPPLIER'S REPRESENTATIONS.
In order to induce OWNER to enter into this Procurement Agreement
SUPPLIER makes the following representations:
7.1. SUPPLIER has familiarized himself with the nature and extent of the
Procurement Dacuments and has given OWNER written notice of all
conflicts, errors or discrepancies that he has discovered in the
Procurement Documents and the written resolution thereof by OWNER is
acceptable to SUPPLIER.
7.2. SUPPLIER has familiarized himself with all local conditions and federal,
state and local laws, ordinances, rules and regulations that in any manner
may affect the production and defivery of the Goods and furnishing of
Special Services and other services in connection therewith.
7.3. SUPPLIER does not require additional information from OWNER to
enable SUPPLIER to furnish the Goods, Special services and other
services at the C�ntract Price, within the Contract Time and in accordance
with the other terms and conditions of the Procurement documents.
24
W1536B
Article 8. PROCUREMENT DOCUMENTS.
The Procurement Documents which comprise the entire agreement
between OWNER and SUPPLIER are attached to, or accompany, this
Procurement Agreement, made a part hereof and consist of the following:
8.1. Advertisement for Bid
8.2. Instructions to Bidders
8.3. Proposal
8.4. Sworn Statement
8.5. Notice of Award
8.6. This Procurement Agreement (pages 23 to 28, inclusive).
8.7. Opinion of Town Attorney
8.8. Notice to Proceed
8.9. Procurement Specifications bearing the title
Town of Jupiter
Chemical Bid W14328
Contract for Supplying Sulfuric Acid
8.10. Supplier's Proposal
8.11. Any Modifications, including Change Orders, duly delivered after
execution of this C�rocurement Agreement.
Article 9. MISCELLANEOUS
9.1. No assignment by a party hereto of any rights under or interests in the
Procurement Documents will be binding on another party hereto 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 bylaw), 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 Procurement Documents.
9.2. OWNER and SUPPLIER each binds himself, his partners, successors,
assigns and legal representatives to the other party hereto, his partners,
25
W1536B
successors, assigns and legal representatives in respect to all covenants,
agreements and obligations contained in the Procurement Documents.
9.3. The SUPPLIER is aware that The Inspector General of Palm Beach
County has the authority to investigate and audit matters relating to the
negotiation and performance of this Contract and in furtherance thereof
may demand and obtain records and testimony from the SUPPLIER and
its subcontractors and lower tier subcontractors. The SUPPLIER
understands and agrees that in addition to other remedies and
consequences provided by law, the failure of the SUPPLIER or its
subcontractors or lower tier subcontractors to fully cooperate with the
Office of Inspector General of Palm Beach County when requested may
be deemed by the municipality to be a material breach of this contract
justifying its termination. The Office of Inspector General in Palm Beach
County is established by Palm Beach County Code, Section 2-421 - 2-
440. Failure to cooperate with the Inspector General or interfering with or
impeding any investigation shall be in violation of Palm Beach County
Code, Section 2-421 — 2-440, and be punished pursuant to Section
125.69, Florida Statutes, in the same manner as a second degree
misdemeanor.
9.4. The SUPPLIER shall comply with public records laws Chapter 119, Florida
Statutes, specifically to: Keep and maintain public records that ordinarily
and necessarily would be required by the TOWN in order to perform the
service; Provide the public with access to public records on the same
terms and cond'etions that the TOWN would provide the records and at a
cost that does not exceed the cost provided in Chapter 119, F.S. or as
otherwise providled by law; Ensure that public records that are exempt or
confidential and exempt from public records disclosure requirements are
not disclosed exempt as authorized by law; Meet all requirements for
retaining public records and transfer, at no cost, to the TOWN all public
records in possession of the contractor upon termination of the contract
and destroy any duplicate public records that are exempt of confidential
and exempt from public disclosure requirements. All records stored
electronically must be provided to the TOWN in a format that is compatible
with the information technology systems of the TOWN. If the SUPPLIER
does not comply with a public records request, the public agency shall
enforce the contract provisions in accordance with the contract.
119.0701 Contracts; public records. —
(3) For purposes of this section, the term:
(c) "Contractor" or "SUPPLIER" means an individual, partnership,
corporation, or business entity that enters into a contract for
26
W1536B
services with a public agency and is acting on behaif of the public
agency is provided under s. 119.011(2).
(d) "Public agency" means a state, county, district, authority, or
municipal officer, or department, division, board, bureau,
commission, or other separate unit government created or
established by (aw.
(4) In addition to other contract requirements provided by law, each
public agency contract for services must include a provision that
requires the contractor to comply with public records laws,
specifically to:
(e) Keep and maintain public records that ordinarily and necessarily
would be required by the public agency in order to perForm the
service.
(� Provide the public with access to public records on the same terms
and conditions that the public agency would provide the records
and at a cost that does not exceed the cost provided in this chapter
or as otherwise provided by law.
(g) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not
disclosed except as authorized by law.
(h) Meet all requirements for retaining public records and transfer, at
no cost, to the public agency all public records in possession of the
contractor upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored
electronically must be provided to the public agency in a format that
is compatible with the information technology systems of the public
agency.
If the SUPPLIER does not comply with a public records request, the public agency shall
enforce the contract provisions in accordance with the Contract.
THIS SP,ACE INTENTIONALLY LEFT BLANK
PROCEED TO NEXT PAGE.
27
W1536B
IN WITNESS WHEREOF, the parties hereto have signed 2 copies of this Agreement. At
least one counterpart each has been delivered to OWNER and SUPPLIER. All portions
of the Contract Documents have been signed or identified by OWNER and SUPPLIER.
OWNER SUPPLIER
Town of Jupiter Shrieve Chemical
210 Military Trail 204 S Lake Florence Dr.
Jupiter, FL 33458 Winter Haven, FL 33884
?,
By. g � ' �
� R �
Karen ol nka, M o Chris Burns, Marketing Manager
(CORPORATE SEAL)
ATTEST ATTEST
� cc, Ca-t,�.� ��-
Sall B ylan, T wn C erk PRINT NAME, TITLE:
,,�����°",•�„���R'��D�,A';,,,A,., �t S'►`�N A I'3'J o �-0A - +-t NT
(TOWN SEAL) ,, ���"�
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W1536B
OPINION OF TOWN ATTORNEY
This is to certify that I have examined the attached Contract Documents, that
after such examination, I am c�f the opinion that such documents conform to fhe laws of
the State of Florida, that the execution of the Contract is in due and proper form, that
the representative of the respective Contracting Parties have full power and authority to
execute such Contract on behalf of the respective Contracting Parties and that the
foregoing agreements constitute valid and binding obligations on such parties.
, _. �
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homas J. B�; E g�� e
Attorney for Town uE er
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This the � day of -z� ' °� ' 0�
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W1536B
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
�NGIN��IZS JOINT CONTRACT DOCUIl�NTS COMMITTGE
and
Issued nnd Publisi�ed Jointly By
� � � � _ � Nafional Society of ���� qmeriCarl SvCiefy
Professional �Erogineers of Civi! Enginaers
�1)Iil�ic.�xC(iU:LLUUII.SUIMtkC:oC0.4G4RIN ProlosslonalFnDlneerslnPrlvafePracllce
PROFESSIONAL ENGINEERS IN PRIVAT� PItACTICG
a practice dirision of tlre
NATIDNAL SOCIETIT OF PROFESSIONAL ENGINEBRS
fIMERICAN COUNCIL OF ENGINEERWG COMPANfES
AMERICAN SOCIETX UF CIVIL �,NGINEERS
This document lias been approved and endorsed by
o ,
4
��F
.� �8
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'' Thc Associated General Conh•ectoi•s of America
' Hrra�dedpe br Creafing
� � � endSusiainlnp
� � Ihp Bu81 Enviromm�N
Cottsfruction Speciftcations Institute
P,JCDC C-70U SlaQdnrd Gcucrnl Condiflons oCthe Constructlon Contrect.
Copyrigl�t m 2002 NfltionnI Snciety of Prafessionnl �ngiuecrs for �JCDC. A(l rigids reserved.
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Copyright �2002
Natiottal Society of Professional Engineers
1420 ICing Street, Alexaudrin, VA 22314
Amei•ican Coimcil of Engineering Companies
1015 lSth Street, N.W., Washington, DC 20005
American Society of Civil Engineers
1801 Alexander Bell Drive, Restou, VA 20191-4400
Thcsc Gcnci'�1 Conditions have becn prepared for use wittt tlie Sttggested Forms of Agreement Betwecii Owner and
Contractor Nos. G520 or C-525 (2002 Editio��s), Tfieir peovisions are interrelated and a change in one may necessitate a
change in the other. Comments concerning their usage are contained iu tl�e EJCDC Constn�ction Documents, General and
Instructions (No. C-001) (2002 �dition). For guidance in the preparation of Supplementa�y Conditions, see Guide fo the
Preparation of Supplementary Conditions (Tlo. C-800) (2002 �dition).
�JCDC C-700 5tendnrd Gcncrnl Conditions of t�c Construetfon CoufrACt,
Copyright+� 2�02 Nationat Society ofProfesslouel �nginecrs for EJCDC. All rights rescrved. I
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�JCDC C-700 Steudard Gencrnl Condltious oP f@c Conslruclion Confrnct.
Copyright �U' 2UO2 Nntionnl Sociely of Professlonnl �ngincers for I;JCDC, All riAhts resen•ed.
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TABI,L OF CONTENTS
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ARTICLE 1- DEFINITIONS AND TERMINOLOGY ..............................................................................................................6
1 .01 DefinerlTernts ..........................................................................................................................................................6 �
I.02 Ter•ntinology .............................................................................................................................................................8
ARTICI.E 2 - PRELIMINARY MATTERS ...............................................................................................................................9
2 ,O1 Delivery ofBo»ds ar�d Bvitlence ofbtsr�r•a�:ce .........................................................................................................9 `
2,02 Copiesqfbnctmlents ...........................................................�,.,.,,,..............,...........,.....,....................,..........,...........9 I
2.03 Co»unencen�eni of Cnfrtr�act Tinres; Noiice !o Proceecl ...........................................................................................9
2 ,04 Stm�lirtglhe Work .....................................................................................................................................................9
2 .05 Beja•e Star�ing Consd�trclion ...................................................................................................................................9 I
2 ,06 Pr•econslrnclion Confe�•er�ce ....................................................................................................................................9
2.07 lnitial Acceptance ofSchedule.r ...............................................................................................................................9
ARTiCLE 3- CONTRACT DOCiJMENTS: INT'ENT, AMENDING, REUSE ......................................................................10
3 .01 If�tenl ......................................................................................................................................................................10 �
3.02 Ref'erence Stn�idal•ds ..............................................................................................................................................10
3.03 Reportii�g und Resolving Discrepa��cies ................................................................................................................10
3 .04 .4rneitding nnd Suppleme�rtirtg Carb•act Doctunents ..............................................................................................
3.05 Retrse ofDocumenls ...............................................................................................................................................Il I
3 .06 CJectr•onic Data ...................................................................................................................................................... l l
ARTICLE 4- AVAILABILTTY OF LANDS; SUBSCJRFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRONMENTt1L CONDITIONS; REFERENCE POINTS ................................................................................................11
4 .01 AvailabililyofLands ..............................................................................................................................................11 I
4,02 S�rbser�face and Physical Conditions ......................................................................................................................12
4 .03 D�eringSrrbstnfaceo��l'hysicalCondilions ........................................................................................................i2
4 ,04 U�rclergro:��Td Facilitie,s ..........................................................................................................................................13
4 .05 Refere�rcePoinfs ....................................................................................................................................................13 �
4 .06 Hnzardoers �nvironrnental Condition a1 Site .........................................................................................................13
ARTICLE BONDS AND 1NSURANCE .............................................................................................................................14
5.01 Pe�forntance, Pay�nent, a�rd Olher Borrds ..............................................................................................................14 I
5 .02 Licer�sed Sur�elies andl�is:u•ers ..............................................................................................................................15
5.03 Certifrcnles oflns:u•airce ........................................................................................................................................15
5.04 Contractor's LinGilil�� bas:o•ance ...........................................................................................................................15
5.05 Owner's Liabiliiy l��surance ..................................................................................................................................16 I
5.06 Pr�operty Insur�afrce ........................................................................................................ ................16
.......... ..... .........
5.07 YYatve�� ofRights .....................................................................................................................................................17
5.08 Receipl ai�d.4pplicatioft oflns:a•unce Pr�oceeds ....................................................................................................17
5.09 Acceplance ofBojrds at�d b�sin�ance; Optio�r to Replace .......................................................................................17 �
5.10 Parlial Utilizalron, Achrtotivledgmenl of Properly btstn•e1• .....................................................................................
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITTES ..........................................................................................................18
6 .01 Sr�per•uisior� arzd Sirper•i�7teflderrce ..........................................................................................................................18
6 .02 Labor; �3'orki�tg Hotu•s ...........................................................................................................................................18 �
6 .�3 Services, llfalerials, anr/Eq:ripntent ..............................................................................................�,.,.,.....,..,,.,,..,,,,18
6 .04 Progr•essSchedttle ..................................................................................................................................................18
6 .05 Strbstitutesat�d "Or-L�trals" .................................................................................................................................19
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G.06 Cn�7cer�ving Strbcon�r•actors, Suppliers, and Olhers ...............................................................................................20 �
6 .07 Patenl Fees and Ro��allies ......................................................................................................................................21 �
6.08 Pet•mits ...................................................................................................................................................................21
6.09 La�>>snndRegr�lalio�rs ............................................................................................................................................21 �
6 ,10 Tares ......................................................................................................................................................................22
6 ,11 UseofSiteandOtherAreas ...................................................................................................................................22
6.12 Recol•d Docinrrents .................................................................................................................................................22
6 .13 Sa/'ety and Pr�oteclian .............................................................................................................................................22 I
6 .14 Sqf'efyRepresentative .............................................................................................................................................23
6.15 Ilazuj•rl Conrn:zrnication Progranrs ........................................................................................................................23
EJCDC C-700 Stenderd Genernl Coudilfous of the Conslrucllon Conlrnct.
CopyrigUt �U 2002 nntionnl Society ofProSessional �ngineers for �JC➢C. AII riglits resciveJ, +
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6 .16 Linergencies ...........................................................................................................................................................23
I6.17 S1top Drativings and Sanrples ........................................................................... ....,........23
G .18 Conlintlirtg 1he Work ..............................................................................................................................................24
� C.19 Cofrtractor's Gene��a! I�'arranty and Gttai�a�rtee ....................................................................................................24
G ,20 Indernnrfrcation ......................................................................................................................................................24
' 6,21 Delegatron ofPi�ofessional De.rigrtServices ..........................................................................................................25
A1tTICLE 7- OTT-LER WORK AT THE Sl'T� .........................................................................................................................25
7 .01 RelatedY3'orkalSite ...............................................................................................................................................25
7 ,02 Coordi�raliotr ..........................................................................................................................................................26
7 .03 Legnl Relalionships ................................................................................................................................................2G
ARTICL� 8 - OWNER'S RESPONSIBTLITIES ......................................................................................................................2G
I ' i 8.01 Con�mcrnicnfiorrs fo Cvntruclur ..............................................................................................................................26
8 .02 Replcrcemertl ofEngineer .......................................................................................................................................2G
8 .03 Fimnis{� Dnln ..........................................................................................................................................................2G
8 .04 Pay �3'l�ejr Drre .......................................................................................................................................................2G
8 .05 Lar�ds and Casemenls; Reports and Tesls ..............................................................................................................26
8 .06 Irts:u•a�1ce ...............................................................................................................................................................26
8 .07 Cha�tge Orders .......................................................................................................................................................26
8 .08 btspection.r, Tesfs, andApprovals ..........................................................................................................................2G
8.09 Lirnifatiwts on D�v�ter's Respo�,.sibililies ...............................................................................................................27
8 .10 Urrdisclo.retl Flcrzar�dous Environ�rrenlnl Co»dilion ................................................................................................27
8.11 Evidence ofFina»clal�lrrangernenls ......... ..........................................................................................................27
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ARTICLE 9- ENGINE�;K'S STATUS DURiNG CONSTRUCTION .....................................................................................27
9 .01 O�v�7er's Represerrtalive .........................................................................................................................................27
9 .02 i'isits to Sile ...........................................................................................................................................................27
9 .03 Projecl Represeiitali►�e ...........................................................................................................................................27 !
' 9.04 Ar�lhorized Yuriafrons in 13'orlc ..............................................................................................................................27
9 .05 ItejectifagDefective YYork ................. .....................................................................................................................27
9 .06 Shop Drcns�ijlgs, Change Orders und Pay»�en1s .....................................................................................................28
I 9.07 Defertnirtntiortsfor Ih�itPrice 11�ork ......................................................................................................................28
� 9.08 Decisiwas on Reyuiremenfs of Co»b•act Docinne�tts p�ttl Acceptabi/ity of i�i�ork ...................................................28
', 9.09 Litnilntions on Enginee��'s Ardhorily m�d Responsibililies .....................................................................................28
ARTICLE 10 - CHANGES IN 'i'HF. WORK; CLAIMS ...........................................................................................................28
10.01 Attthorized Cltange,s in ihe N'or,k ...........................................................................................................................28
10 .02 Ui�authorizect Changes tn the Y3'ork .......................................................................................................................29
10 .03 Bxec:rtion ofChange Orders ..................................................................................................................................29
10 ,04 Notifieation to Sui•ety .............................................................................................................................................29
10 .05 Claims ....................................................................................................................................................................29
' ARTICL� 1 I- COST OF'�`I-�E WORK; ALt,OWANCES; UM'1' YKICB WOR1C ..................................................................30
11.01 Cost oflhe 6f'ork ....................................................................................................................................................30
11 .02 �illowarrces .............................................................................................................................................................31
11 .03 Unit Price Yf'a•k .....................................................................................................................................................31
ARTICL� 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CON7'RACI' TIMES .....................................................32
12 ,01 Cha�tge ofConh•act Pt•ice ......................................................................................................................................32
12 .02 Change ofContract 77ntes .....................................................................................................................................33
12 .03 Delays ....................................................................................................................................................................33
ARTICLE 13 - TESTS AND INSPECTIONS; CQRRECTION, REMOVAL OR ACCEPTANCE dP DEFECTIVE WORK.,.....33
13 .OI Notfce ofDefects ....................................................................................................................................................33
13 .02 ,4ccess to yYork .......................................................................................................................................................33
� 13.03 Test.sairdlnspectior�s .............................................................................................................................................33
13.04 Urrcover•i�eg 13'ork ...................................................................................................................................................34
13 .05 O�ti�ner� May Stop the FVork .....................................................................................................................................34
I 13.06 Correcliosl orRenroral ofDefective i3�ork .............................................................................................................34
13.07 Correctio�tPeriod ..................................................................................................................................................34
13 .08 Acceplance ofDefeclive Wor•k ...............................................................................................................................35
]3.09 OtvnerdlayCorr•eclDefeelive i��ork ......................................................................................................................35
, ARTICLE 14 - PA'YMENTS TO CONTRAc�TOR AND COMPLETION .......................................... ..........,.,.........36
14.01 Schedule of Yal:�es .................................................................................................................................................36
I14.02 Progress Payme�lls .................................................................................................................................................36
14 .03 Contraetor's T3'arra�rry of Title ..............................................................................................................................37
14 .04 S:rbstanliaJ CompJetion ................................................................................................................ .........................37
LJCllC C-700 Sfnndard Gcncrnl Cond[tlons of the Construction Contrnct.
Copyright C� 20D2 N�f[onni 5ociety ofProfessionnl �ngineers For LJCDC. All riglNs reseived.
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14.05 Pal•tial Ulilizalion ..................................................................................................................................................38
14.06 I'irral I�rsJ�ection .....................................................................................................................................................38 I
14 .07 I'inul Paynlelat .......... ............................................................................................................................................38
14 .08 Final Completion Delayed .....................................................................................................................................39
14 .09 Waiver of Clairns ....... ...........................................................................................................................................39
ARTICLE IS - SUSP�NSION Oi' WORIC AND T�RMINAI'ION .........................................................................................39 I
15.01 Owner• May S:rsper�d Td'or•k .....................................................................................................................................39
IS.Q2 OSVner Mas� Ter»rir�afe for• Cair,se ...........................................................................................................................39
15 .03 thvtaer Ma}� Ter»tinate For Cor�ve�rience ...............................................................................................................40
15.04 Ca�lracto�• May Stop Y3'o��k or Ter��ninate ..............................................................................................................40 I
ARTICLE - DISPUT`E RESOLUTION ................................................................................................................................41
16 .01 dTethods and Procedt�res .......................................................................................................................................41
ARTICLE - MISCET LANEOUS .........................................................................................................................................41
17 .01 Givi��gNofice .........................................................................................................................................................41 [
17 .02 Coinpttl«tionofTimes ............................................................................................................................................41
17 .03 Cttmula!!ve Ren�edies .............................................................................................................................................41
17 .04 SwviralnfOGligairons ..........................................................................................................................................41
17.05 Conlrolling Lmv .....................................................................................................................................................41
17.0G Ileadings ................................................................................................................................................................41
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�JCAC C-700 5t�udard Genernl Coudltlons of the Covstructlan ContrNCl.
Copyrighf �O 2002 Natlonnl Soeicty of Pirofess(onal �ngiucers foc• �JCDC, All righfs resen•cd. �
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GENERAL CONDITIONS 9. Change Orde�•--A doctttnent recommended by
Engineer whici� is signed by Contracfor and Owi�ee and
ARTICLE 1- DEFI�IITIONS ANll TERMINOLOGY authorizes an additiou, deLetion, or revision in the Work
or an adjusfineut in the Contcact Price or the Contract
Times, issued on or after the Effective Date of the
1,01 Defined7erm,s Agrecmcnt.
A, Wherever used in the Biddin� Requirements 10. Claliri--A demand or assertion by Owuer or
or Contraci Documents and printed with initial capitll Contractor seelcing an adjustment of Coi�tract Price or
letiers, tlie terms listed below will have tfie uieaniiigs Contract Times, or botl�, or other relief with respect to the
indicated which are, applicable to f�oth tlie singular and terms of the Contract, A dernand for money or se�vices by
phic•al thereof, Tn addition to terms specifically defined, a third pai�ty is not a Claim.
terms witli initial ca�ital letters in the Conhact
Docunients iuclude references to identified articles and I1. Coratract--The entire and integrated wririen
paragraphs, and the iitles of other documeuts or foruis, agreeinent Uetween the Owner and Contractor concerning
the Work. The Contract supersedes prior negotiafions,
1. Adder�da--Written or graphic iustniments representatious, or agreements, wheQier wi•itten or oral.
issued prior to tlic opening of Bids which clarify, correct,
or change the Bidding Require�nents or the proposed 12. Con[rac! Docur�rents-- Those items sa
Contract Docwnents. designated in the Agreement, Only printed or hard copies
of the itcros listed in the Agreement are Contrlci
2, flg�•eerrierrt--The written instruimeut which is Documents, Approved Shop Drawings, other Contractor's
evidence of the agceement betwecn Owner and Contractor submirials, and the reports and drawings of subsurface
covering the Work. and physicfll conditions are not Contract Documents.
3.,4pplicationfor•Puymenl--Tlie 13. Contract Price--The moneys plyable by
to Engineer which is to be used by Contractor during the Owner to Co»tractor for complation of the Work in
course of the Work in requesting progress or �ual accordance witli the Contract Documents as stated in the
paymeiits and whicli is to be accompanicd by sucli Agreement (subjecf to t(ie provisio�is of Paragrlph 11.03
supporting documentation as is required by ti�e Contract in tha case of Unit Price Work).
Documents.
14, Contract Times--The number of days or the
4. flsbeslos--Any material that contains more dates stated in the Agreement to: (i) achieve Milestones, if
than one percent asbestos aud is friable or is rele�sing any, (ii) achieve Substantial Completiou; and (iii) com-
asbestos fibers into the aic above current action levels plete the Work so tliat it is ready for final paymeut as
estaUlisl�ed by the United States Occupatioual Safety and evidenced by Engineer's written recommendation of final
�Iealtli Administr�fion. payment.
5. 13id--1'he offer or proposal of a Bidder 15. Cof�tractor--The individual or entity with
submitted on the prescribed form setting foi�th the prices whom Owner hns entered into the Agreetnent.
for the Work to be perfotlned,
16, C,os1 of the I3�ork--See Paragraph 11.O1.A foi•
6. 13idder--The individual or entity wlio submits definition.
a Bid directly to Ownei•.
17. Dj•aivings--'1'hat part of the Contract
7. Bidding Documents--The Bidding Documents prepared or approved by Engineer which
Requirements and the proposed Couh•act Documeitts grapliically sliows tlie scopc, exfent, and character of the
(including all Addenda). Work to be performed by Contractor. Shop l�ra�vings and
other Contractor submittals are not Drawings as so
8. Bidding Requif•e»renls--Tlie Advertisemeut oi• defined.
Invitation to Bid, Tnstn�ctions to Bidders, bid security of
acceptable fom�, if auy, aud the Bid Furm with any 18. EfJ"ectrve Date of !he Agi�eerrTe��l--The data
supplements, indicnted in the Agreement on which it becomes effective,
Uut if no sucli date is iudicafed, it melns tha date on
which the Agreement is signed and delivered by t}ie last
of the two parties to sign and defiver,
19. Engirteer--The individual or entity named ns
such in the Agreement.
EdCDC C•700 Stnudnrd Genernl Ca�ditioas of the Conslructlon Contrect.
Copyright � 2002 National Society of Professloua! �nglneers for EJCDC. All rights rescived.
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20. I ield Orrlef�--A written order issued by 32. Progre.ss Sehedule--A schedule, prepared and
F,ngineer which rcquires uii�ior changes in the Work but maintai�ied by Contractor, describing the sequeiice and I
which does not involve a change in the Contract �'rice or duration of the activities comprising the Contractor's plan
the Contract Times. to accomplisl� the Work withiu the Contract Times.
21. General Requir•e�trenls--Sections of Divisiou 33. Pi•ojeci--The total constniction of which the I
1 of Uie Specifications. The General Requirements pettain Work to be performed under tiie Contract Documenfs may
to all sections of the Specifications. bo tlte wltole, or a part.
22. Hazrn�dous Bnviron»>entAl Corrditfon--The 34. Project �iJaj7uul--The bound documentary I
presence at the Site of Asbestos, PCBs, Petroleum, information prepared for biddiug and constructing the
H�u�rdous Waste, or Radioactive Material iu such Work. A listing of the contents of the Project Manual,
quantities or circumstances that may preseint a substantial which may be bound in one or more vohunes, is I
danger to persons or �roperty exposed thereto in contained in the table(s) of contents.
coiiuection witl� the Work,
35. Ra�lioactive Alalerial--Soui•ce, snecial nucle-
23. Hazrn•da�s Yl�aste--Tlie term Hazai•doits ar, oc byprodtict material as defined by the Atomic Energy I
�Vaste shall have the meanii�g provided in Section 1004 of Acf of 1954 (42 iJSC Section 20ll et seq.) as amended
the Solid Wasle Disposl( Act (42 USC Section G903) as from time to time.
amended from time to time.
36. Reluted Errli�y -- An o�cer, director, partner, I
24. Lmvs anrl Regulations; Lmvs or Regululions- employee, Agent, consultant, or subconh•actor.
-Any and all applicable laws, iules, regulations, ordinanc-
es, codes, aud orders of any and 1ll governmental bodies, 37. Resiclent Projecl Represe�tlattve--The autlio-
agencies, authoi•ities, and courts kiaving jiirisdiction, rized represent�tive of Engineei• who m�sy be assigned to I
the Site or auy pait thereof.
25, Lietrs--Charges, security interests, or
encumbrances upon Project funds, real property, or 38. Samples--PhysicaL examples of materials,
personal property. equipment, or workmsnship that are represenfative of �
some poitio�i of the Work and which establish the
26. Milestone--A principal event specified in the stuudards by which sncit portion of the Work will be
Contruct Documeuts celating to an intennediate comple- judged, I
tion date or time prior to Substantial Completion of all tha
Work, 39. Schedule ofS:rbnrittals--A schedule, prepfired
and maintaiiied by Contractor, of requued submittals a►id
27. Nolice of Aivard--The written notice by the time requirements to suppo��t scheduled perfoilnance
Owner to the Successfitl Bidder statiug that upon timely of related construction activities.
complia�ice by the Successfiil Bidder with the conditions
precedent listed therein, Owner will sign a,nd deliver tlie 40. Schedule of i'alues--A schedule, prepnred
Agreemeut. and maintaiued by Contractor, allocatiug portions of the
Contract Price to various portions of the Work and used
28. Notice to P�roceec�--A written r:otice giveu by as the basis for reviewing Contractoc's Applications £or
Owner to Contractor �xing the date ou whicfi the Con- Payment.
tract Times will commence to run and on which
Cont�•actor shall start to perfomt the Work tuider tlie 41. Shop Drmrings--All drawiiigs, diflgrams,
Contract Doci�ments, il(ustrations, schedules, and other data or information
whicli are specifically prepared or assembled by o�• for
29. Osvfrer--The individual or entity witli whom Contrnctor And subtnitted by Contractor to illustrate some
Contractoc has entered into the Agreement and for whom portion of the Work.
the Work is to be performed.
42. Site--Lands or areas indicated in the Contract
30. PCBs--Polychlorinated biplte�ryls. Doctmients as being fiu•nished by O�vner upon which the �
Work is to bc performed, includii�g rights-of-way and �
31. Pelroleurrr--Petroleum, including cnidc oil or eesements for access theretq and such other lands
any fi•action thereof wiiich is liquid at standard conditions furnished by Owner which are designated for tl►e use of I
of tcmperature and pressifre (60 degrees Fahrenheit a�id Contractor.
14.7 pounds per syuare inch absoli�te), such as oil,
petroleum, fuel oil, oil sludge, oil refuse, gasoliue, 43. S�ecifications--That pa�t of the Contract
kerosene, and oil mixed with othei• uon-Hazardous 1�'aste Documenfs consisting of written requirements foi• I
nnd crude oils. materia(s, equipment, systems, standards �nd
workmanship as applied to the Work, and ceita
LJCDC C-700 Standerd Genernl Condilious of t6e ConslrucUon Cautrnct.
Copyrlglit 0 2002 Nntionel Saciety of ProFessionel Englneers for EdCDG All riglits reserved, I
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administrative requirements and procedural �natters but is evidence that the parties expect that the change
applicable thereto. ordered or documented hy a Work Change Directive will
be incoi�oreted in a subsequeutly issiied Cliange Order
4�. Serbcontr•uclol�--An individual or entity following negotiations by the parties as to its effect, if
having a direct contract with Coutractor w� with any other auy, on the ConU•act Price or Contract Times.
Subcontractor for ti�e performance of a p���t of the Work
at the Site. I.02 :1'erfrtinology
4S, St/I7S1lfi7IlUI COl)1 lelion--The time af wliich A. The followin words or terms are not defined
n g
the Work (or a zpecified part tl�ereo� has progressed to but, wheu used in the Bidding Reyuirements or Coutract
thc point where, in the opinion of Enginee:r, the Work {or pocumenfs, have the following meHning,
a specified pa�t tliereo� is sufficieutly complete, in
accordance with the Con#ract Documents, so tliat tiie D. Interit of Cerfain Terms orAdjectives
Work (or a specified part thereofj can Ue utilized for the
purposes for whicl� it is intended, T'iie terms "substantially 1, The Contract Docuinents include the terms "as
complete" and "substantially completed" ns applied to 111 allowed," "as approved," "as ordered", "as directed" or
or �art of the 'VJorlc refer to Substautial Completion tanns of like effect or impoi�t to authoriza an exercise of'
thereof. professioiial judgmei�t by Engineer. In addition, tl�e
c1dJeC�1V0S "reasonable," "suitable," "acceptablc,"
46. Srrcces�f�l Brdder--The Biddcr submitting a "proper," "satisfactoiy,° or ndjectives of like effeet or
respousivc Bid ro wliom Owner makes an award. import are used to describe an action or determination of
Enginear as to the Work, It is intended that such exercise
47. Suppletrrenla�y Coticirlions--T��at part of the of professional judgmcni action or defermination will be
Conh�act Documents which amends or supplemeuts tliese solely to evaluate, in geueral, the Worlc for compliance
General Conditions. with tl�e requirements of and info�•mation in thc Contract
, ]�ocuments aud confom�ance witli the design concept of
48. Strpplier--A manufacturer, fabricator, suppli- the completed Project as a fuuctioning whole as shown or
er, distributor, matcrialman, or vendor l�aving a direct indicated in the Contract Documents (unless there is a
coutract with Contracta� or with any Subcontractor to specific statemcnt indiclting otheitivise). The use of any
fiunish mnterials or equipment to be uicorporated in the such teiiii or adjective is uot intended to and shall uot be
Work by Contractor or any Subcontractor, effective to assigu to Engineer any duty a• authoriry to
sttpervise oi• direct the perfomiance of the Work or any
49. Underg�•oimd Facilitles--All uuderground duty or authoriry to undcrtake responsibility contr�try to
pipelines, conduits, ducts, cables, wires, manl�oles, vau(ts, tl�e provisions of Paragraph 9.09 or any other provision of
tanks, t�mnels, or other such facilities or attachments, and the Contract Documents.
auy cnc�sements containing such facilities, inch�ding
ttiose that convey electricity, gases, steam, liquid C. Day
petroleum products, telept�one or other co_nmunications, �
cable television, water, wastewater, sto��tti water, other 1. TI►e word "day" means a calaudar day
liquids or chemicals, or fraffic or other control systems. of 24 hours measnred fi•om midnight to tl�e next midnight.
50. Uitit Pr•ice Yi'ork--Work to be paid for on tl�e D. Defective
basis of'unit prices.
1. The word "defective,° when modifying the
51. YYork--Thc entire construction or the various word "Work," refers to Work tliat is unsafisfactory,
separately identifiable parts tliereof required to be faulty, or deficieut in that it;
provided utider the Contract Documents. Work includes
aud is the result of performing or provicfing all labor, a. does not conform to the Contracf llocuments,
services, and documeutation necessaiy to produce such or
const�liction, and furnisliing, ivstalling, and inco�porsting j
all m�terials and equipment into such constn�ction, all as b. does not meet the requu•ements of any f
required Uy tiic Contract Documents, applicable inspecfion, reference standard, test, or
approval refeired to in tl�e Contract Documents,
52, ►3�ork Cltange Directive--A written stalement or
to Coniractor issued on or after the Effective Date of the
Agreement and signed by Owner and recouwiended Uy c. h�s been d�maged prior to Engineer's -
�ngineer ordering an addition, deletion, o�• Z�evision in the recommendation of final payment (unless
Work, or responding to differing or unforeseen subsurFace responsibility for the protection thereof has been
or physical conditions tmder which the tiUork is to be assumed by Owner af Substantial Completion in
performed or to emergencies. A Work Chemge Directive acco��dauce with Paragraph 14.04 or 14.05).
will not ehange the Contract Price ar the Contract Times
�JCDC C-700 Standard Gencral Conditions oPthe Constructlon Conh•nct,
Copyrighf OO 2002 Pialiownl Socicty of Profcssiounl Englncers tor �JCDG All rigLts reser��ed,
00700 • 8
E. Furnish, Install, Pe�fornt, Provr'cle
l, The word "fi�rnis}�," wf�en usetY in connection
with seivices, materials, or equipment, sha(I mean to
su}�ply and deliver said se�vices, materials, or equipntent
to the Site (or some otiier specified location) ready for use
or installation �ncl in usable or operable condition.
2, The word "i�istall," when uscd in connection
with services, materials, or equipment, shAil menn to put
into use or place in final position said serv�ces, materials,
or equipment complete and ready for intended use.
3. Tlie words "pei•form" or "provide," wliaii used
iu connection with se�vices, materials, or equipment, shall
mean to fwroish and install said seivices, materials, or
equipment complete and ready for intended use.
4. Wi�en "fi�rnish," "install," "perform," or "pro-
vide" is not used in connection with services, materials, or
equipment in a context clearly renuiring �n obligation of
Contractor, "provide" is implied.
F. Uuless st�fed otherwise iii tlie Conti•act Docu-
ments, words or phrases which have a well-known
technical or construction industry or h•ade meening are
used in the Contract Docume�its in accordance witli sucl�
recognized meaning.
ARTICLE 2 - PRELIMLNARY MATT�RS
2.01 Delivery ofdor�ds ar�d �vidence oflnsisrance
A. When Co�itractor delivers the executed
counterparts of the Agreement to Owner, Contractor shall
also deliver to Owner such bonds as Contractor may be
requu�ed to furnish.
B. Evidence orinsurance: Before any Work at
the Site is started, Contractor and Owner shall each
deliver to the other, with copies io eacli additional insured
identified in Uie Supplementaty Conditions, cerfificates of
insui�a�ice (and othei• evidencc of inst�rance which either
of fhetn or auy additional insured may reasonably request)
wliicli Coutractor and Owne�� respectively are required to
purchase and maintain in accorda►tce with Article 5.
2.02 Copies ofDocu�nerrts
or, if a Notice to 1'roceed is given, on the day indicated in
die Notice to Proceed, A Notice to Proceed may be given
at any time within 30 days after the Effective Date of the
Agreement. In no event will the Conb�act Times com-
mence to nm later than tlie sixtieth day after the day of
IIid openiug or the thirtieth day after the Effective Date of
tl�e Agreement, whichever dnte is earlier.
2.04 S�arting the i3'a•k
A. Contractor shall start to perform tlie Work on
tha data when the Coutr�ct Times commence to run. No
Work shall be done at the Site prior to the clate on which
the Contract Times commence to run,
2.05 Before Starting Consh•uction
A. Preliminaiy Schedules: Within 10 days after
the Effective Date of the Agreement (unless otherwise
specified in the General Requirements}, Contractot• sl�all
submit to Engineer for timeIy review:
1, a preliminary Yrogress Schedule; indicating
the times (numbers of days n�� dates) for startin� aud
cornpleting thc v�rious stages of fhe Work, including aiiy
Milestones specified in the Contract Documents;
2, a prelimiva�y Schedule of Submittals; and
3. a preliminaiy Schedule of Values for nll of ihe
Work wliich includes quantities and prices of items which
when added together equal tlie Contract Price and subdi-
vides the WorEc into component parts in sufficient detail to
serve as the basis for progress pfryments duri�tg
perforutance of the Work. Such prices will include an
appropriate amount of ovei•head and profit applicable to
each item of Work.
2,06 ]'recousd•trction Conference
A. Before any Work at the Site is staited, a
coi�ference Rttended by Owner, Contractor, Enguieer, and
others as appropriate will be held to establish a working
understanding aniong t}ie parties as to tl�e Work aiid to
discuss the schedules refeired to in Paragraph 2.OS.A,
pracedures for handling Sliop Drawings and other
submittals, processing Applications far Payment, and
maintaining required records.
2,07 Initial Accepfance of Schedarles
A. Owner shall fiirnish to Contracta� up to ten A. At least 10 days before subniission of the first
printed or hard copies of the Drawings and ProjecE Application for Payment a conference attended by
Manual. Additionul copies will be fi�rnished upon request Confractor, Engincer, and others as appropriate will be
nt the cost of reproduction. held to review fa• acceptability to En�ineer as provided
below the schedules submitted in accordance with
2.03 Connnencenrent of ConA•act Times; Noiice to P�ragraph 2.OS.A, Contractor shall have an additional 10
Proceed days to make corrections and adjustments and to complete
and resubmit the schecin[es. No progress paymerrt skiall Ue
A. The Contract Times will commence to i1m on inade to Contractor w�til acceptaUle schedules are
the thirtieth day after the Effective Date of the Agreement submitted to Engineer.
�JCDC C-700 �51nn�ni•d Genernl Coudttlons of the ConstrncHon Coniract.
Copyrlght U 2D02 Nntionnl Society of Protesslon��l Cngiueers Sor CJCDC. 911 riglits resmved.
00700 - 9
responsibilities of Owner, Contractoi•, or Engineer, or zny
1. The Pi•ogress Schedule will be: acceptable to of theii• siibcontractors, consultents, agents, or en�ployees
Engii�eer if it provides an ordcrly progression of the Work fi•om those set forth in the Contract Documenis. No such
to completion 4vithin thc Conlract Times, Si.wh acceptu�ce provision or inslruclion shall be effec�ive to assign to
will nat impose on Engineer responsibility for the Owner, or Engineer, or auy of, their Related �ntities, any
Progress Schedule, for sequenciug, scheduliug, or duty or authority to supervise or direct the performnnce of
progress of the Work nor interfei•e with or i•elieve the Work or any duty or authority to undertaka respon-
Contractor fi'om CouU•actoi's fidl responsibility therefor. sibifity incousisteut with the provisions of the Coutract
Documents,
2, Contractor's Schedule of Subtnittals will be
acceptable to Engiueer if it provides a workable 3.03 Re�orling and Resoh>ing Discrepancies
arrangement for revicwing �nd processing the required
submittals. A. Reporting Discrep�ncies
3. Contractor's Schedula of Values will be I. Contractor's Revietiv of Cor�trac! Dvczunefrts
acceptablc to �ngineer os to form aud substance if it 13efore Stm•ti�rg f��ork: ]iefore undertaking each part of the
provides a reasonable allocation of tl�e Contract Price to Work, Contractor shall carefiiUy stitdy and compare tl�e
component parts of tlie Work, Contract Docuinents and checic and verify pertinent
figures tliereiu and all uppliczble field measurements.
Contractor shall promptly report in wciting to Engineer
AItTICLE 3- CONTRACI' DOCUIvIENTS: INTI;NT, xny conflict, error, ambiguity, or discrepancy whieh
AMENDING, RBUSE Contractor may discover and shall obtain a wriften
interpretatiou or clarification from Engineer hefore
proceeding witli auy Work affectecl thcrchy.
3.01 Ijttetrt
2. Cond�actor's Revie3v of Contvucl Documents
A. The Coutract Documents are complementary; Dui�ing Pe�formance of J�York; Tf, during the perfo►•cuance
what is required Uy one is as binding ns if required by all. of the Work, Coutractor discovers any conflict, error,
ambiguity, o�• discrepancy �vit{iin flie Contract Documeiits ;
B. It is the intent of the Contract Documents to or between tl�e Contract Documents and any provision of i
describe a functionatly complete Project (or part thereo� any Law or Regulation applieable to the performance of
to be constcucted iu accordance with the Contrect Docu- the Work or of nny standard specification, manual or I
ments. Any labor, documentation, se�vices, materials, or code, or of any instruction of any Supplier, Contractor
equipment tltat may reasonably be inferred fi�om the s$all promptly report it to Engineer in writing. Contractor i
Contract Doeuments or from prevailing custom or tracte shall not pcoceed wilh the Work affected ihereby (except
usage as bein�; requirzd to produce tl�e intended result �vi(I in an emergency as required by Paragraph 6,16,A) until I
be provided whether or not specifically called for at no an amendment oi• supplenient to the Contract Documents
additional cost to Uwner. ]�as been issued by one of the methods indicated in I
Paragraph 3.04. �
C. Cllri�cations and interprefatious of the I
Contract Documents shall be issued by Engineer as 3. Contrflctor shall not be liable to Owuer or j
provided in Atticle 9. Engineer for failure to report any confiict, en•or, ambigu- �
ity, or discrepancy in the Contract Documents unless
3.02 Refer�e�rce Stcrndards Contractor knew or reasonably should have known
thereof.
A. Standards, Specifications, Codes, Laws, and
Regiilations B, Resolving Discre�aucies
1. Reference to stlnda�•cls, specifications, l. Except as n�ay be otherwise specifically stated
mamials, or codes of any technical society, organization, iu the Contract Documents, the provisions of the Contract
or association, or fo Laws or Regulations, whether sucfi Documents shall take precedence in resolving any
reference be speci6c or by implication, shall mean the conflict, error, ambiguity, or discrepancy between the
standard, specification, manual, code, or Laws or Regulfl- provisions of the Contcact Documents and:
tions in effect at the timc of opening of Bids (or on the
Effeckive Date of tlie Agree�ncnt if tlxere vrere no Bids), a. the provisions of any standard, specification, �
except as may be otheitivise specifically stated in the manusl, code, or instruction (whether or not j
Confract Documents, speciftcally incoiporated by refereuce in Hie �
ContractDocuments); or i
2. No provision o£ any such standerd,
specification, manual or code, or nny instruetion of a b. the provisions of any Lttws or Regnlations
5upplier shall be effectiva to change 11ie duties or applicable to the performance of tlie Work
EJCDC C-70U 5tnndrr� Genernl Conditions of the Consh�ucfiou Coutrnct.
Capyright � 2002 n�Honal Society of ProfessionN �ngineers for �JCDC, All rlglits reserved.
00700 - 10
(uiiless such au inteipretation of the provisions sole risk. If there is a discrepancy beriveen the electronic
of the Contract Documents would result in viola- files and tlie hard copies, the hard copies govern.
tion of such Law or Regulation).
B. Because dat� stored in electronic media
3.04 Amen�ling a�rd Strpplemenlirg Conlract forniat can deteriorate oi• be modified inadvertetttly or
Docttnte�zfs otherwise withotit authoi•ization of the data's creator, tl�e
party receiving electrouic files agrees tl�at it will perform
A. The Contract Documents may be �mended to aecept�nce tests or I�rocedures wiHtiin GO days, after which
provic{e for additions, dcictions, and revisious in the Worlc the receiving party shall be deemed to have accepted tlte
or to modity the tecros aud conditions thereof by eitl�er R data thus transferred. Any errors detected wifhin the 60-
Chaiige Order or a Woi•k Change Airective. day acceptance period will be corrected by the
transferring pariy..
B. The requirements of the Contract Documents
may be sttpplemented, and miuor variations and C, When transfeiring documents in electronic
deviations in the Work may be anthorized, by one or more media format, the transferring party makes no
of the following ways; representations as to long te�ni compatibilify, usability, or I
readability of documants resulting from the use of
1. A Field Order; software application packages, oparating systems, or f
computer hardwnre differing fi�om those used by the �
2, Eugineer's npproval of a Shop Drawing or data's creator. !
Samplc; (Subjcct to tf�e provisions of Paragraph
6,17.D.3); or I
ARTICLE 4- AVAILA}3ILITY OF LANDS;
3. Engii�eer's writteu intenn�etation or SUBSURFACE AND PHYSTCAL CONDITIONS;
clarification. H�17ARb0US ENVIRONNfF,NTAL CONDI�'IONS;
REPERENCE POINTS
3,05 Reuse of Doctm�enls
A, Contractor and any Subcontractor or Supplier 4.01 Availc�bllity of Lands (
or other individual or entity performiug or furnishing all
of the Work uuder a direct or indirect contract with A. Owner shall furnish tl�a Site. Owner sliall
Conh�actor, shall not: notify Contractor of any encumUrances or restrictions not
of ge�iei•al applicafion but sE�ecific�l ly related to use of the ;
1, have or acquire any tifle fo or ownership Sife with which Couh•actor must comply in performing
rights in any of the Drawings, Specifications, or the �'Vork. Owner will obtain in a timely manner and pay
other docunients (or copies of any thereo� prepared by or for easements for permanant stnwtures or perni�nent
bearing tl�e seal of Engiiieer or Engineer's consldtnnts, changes in existing facilities. If Contractor and Owiter are
includiug electronic media editions; or uuzjUle to agree on entitlement to or on tl�e amount or
eatent, if any, of any adjushnent in Qie Contract Price or
2. reuse any of sucl� llrawings, Specifications, Contract Times, or both, as a result of any delay in I
otlter docwnents, or copies thereof on e��ensions Owner's furuishing the Site or a part thereof, Contractor
of the Pi•oject or any otl�cr project without writteii conseut may make a Claim therefor as provided in Paragraph
of Owner and �ngineer and specific written verification 10.05.
or adaption by Engineer. I
B. Upon reasovable written request, Owner stiall I
B, Thc prohibitiou of this Paragrapli 3.05 will furnish Contractoi• with a currei�t statement of record legal
survive final payment, or termination of the Contract. title and legal descripfion of the lands ttpou wltich the
Nothing herein shall preclude Contractor fi•om retaining Work is to be performed aud Owner's interest therein as i
copies of the Contract Docun�ents for c•ecoi•d purposes. uecessary f'or giving notice of a� filing a mecl�a�iic's or
coustructiott lien ag�inst sucli lands in accordance with
3,06 Electf�orric Dnta applicable Laws and Regulations. I •
A. Copies of dafa firrnisf►ed by Owner or C. Contractor shall pi•ovide for all additional �
Engineer to Contractor or Contractor to O�vner or lands and access thereto thai may be required for
Engiiieei• th�t may bc relied upon ai•e l�mited to tha tempo�•�iy constcuction facilities or storage of materials �
priuted copies (also known as hard copies}. Files in and ec�uipment, �
electronic medin form�t of text, data, graphics, or othei•
types are fu�nished onfy for the convenience of the
receiving party. Any conclusion or inform�tion obtained �
or derived from sucl� electronic files will be at the user's �
�JCDC C-700 SFnndnrd General Conditious of fhe Constructiou Contrect.
Copyrlght �O 2002 Netional Society of Professionel Engineers Por EJCDC. All i•iglits reserved.
00760 -11
�
4.02 Substuface ar�dP/rysical Conclriio��s 4, is of an unusual nature, and differs materially
from conditiais ordinaeily encountered and generally
A. Reporls and Dr•mvings: Tlte SupplementHry ►•ecognized as inherent in work of the cliaracter provided
Conditions ideutify; for in t(ie Contract Dociunents;
1. those repoits of explorations and tests of then Contractor shap, promptly after becoining aware
subsurface conditious at or contiguous to the Site tliat fhereof and before fwtl�er disturbing ihe subsurface or
Engineer has used in prepariug ti�e ConU•act Documents; physicnl conditions or performiug a��y Work in connec-
1nd tion therewith (except in an emergency as required by
Pai•agraph G.IG.A), notify Ow�ier and Eugineer in writing
2. those drawings of ��hysicll conditions in or about such catdition. Contcactor sliall not fw•the�• disturb
relating to existing surface or subsurface stnictures at or such condition or perform any Work in connectioi�
contiguous to the Site (except Underground Pacilities) thercwith (except �s �foresaid) until receipt of written
that Engineer has used in preparing the Contrlct order to do so.
Documents.
B. Engineer's Revietiv; After receipt of written
B. Li���ited Reliance by Cond�actor on Technical notice as required by Paragraph 4.03.A, Engineer will
Datn �1�rlhorize�l: Contractor may rely upo�i the general promptly review tho pertinent condition, determine the
acctu�acy of the "technical data" contained in sucl� raports necessity of Owner's obtaining additional exploration or
and drawi�igs, but such reports and drawings are not tests with respect tltereto, �nd advise Owner in writin�
Contract Documents. Such "technical dat�" is identified (with a copy to ConQ�acior) of Engineer's findings nnd
in the Suppleinentary Conditions. Except far such reliance conclusious.
on such "technical data," Ca�itractor may not rely upoii or
make 1ny claim against Owuer or Engineer, or any of C. Possible Price nnd Times Adjustments �
their Relnted Entities with respect to: ,
1. The Cont�•act Price or llie Contracl Times, or
1. the comp(eteness of such reports and drawings both, will be equitnbly adjusted to the extent that the
foi• Contrnctor's putposes, including, but not Iimited to, existence of sucli differing subsurface or physical
any aspects of the means, mefhods, tecluuc�ues, coudition catises an increase or decrease in Contractor's
sequeuces, and procedures of consh•uction to ba employed cosi of, or timc rcqui�•ed for, �erformance of the Work;
by Contracta•, and safety precautions and programs subject, I�owever, to tlie following:
incident thereto; or
a. sucli condition must meet any one or more of
2. other data, interpretations, opinions, aud the categories descrihed in Paragraph 4,03.A;
intormation contained in such reports or shown or and
indicated in such ctrawings; a•
b, with respect to VJork that is paid for on a Ui�it
3. any Contractor inteipretation of or conclusion Price Basis, any adjustment in Contract Price
drawn from any °technical data" or auy such other data, will be subject to the provisions of Paragraphs
intetpretafions, opinions, oi� iuformation. 9.07 and 11.63.
�3.03 Drffering �Subsu�face or Physical Conditions 2. Contractor shall not be entitled to any
adjushuent in the Contract Price or Contract Times if:
A. Notice: If Contractor believes that any subsur-
face or physical condition at or contiguous to the Site that a. Conti�actor wiew of the ekistence of such
is uncovered or revealed either: conditions at the time Contractor made a final
commihnent to Owner with respect to Contract
1. is of sucli a nahire as to establish that any Price and Contract Times by the submission of a
"technical data" on whiclt Contractor is entitled to rcly es Bid or becoming bowid imder a negotiated
provided iu Paragraph 4.02 is materially inacclu•ate; or cont►•act; or
2, is of such a nature as to require a change in the b. the existence of such condition could
Contract Documents; or reasonably have been discovered or revealed es a
result of auy eaamination, investigation, explo-
3. differs materiaUy from that shown or iudicated rntion, test, or shidy of the Site and contiguous
in the Contract Documents; rn• areas required by tl�e Bidding Requiremeiits or
Contract Documents to be conducted by or for
Contractor prior to Contractor's making such
final commitment; or
EJCDC C-700 Stnnderd Genernl Couditions of tl�c Consfruction Couirnct.
Copyrlght �02002 Netiunnl5oclety of Professionnl �ugineers for �JCDC. All righfs resen•ed.
40700 -12
f
c. Contractor failed to give the written notice �s promptly review the Undergcound Facility �nd deteriuine
required by Paragraph 4.03.A. the extent, if any, to which a change is required in the
Coirtract Documenls to reflect and document tlie
3. If Owner and Contractor are unable to agree consequences of the existence or location of the Under-
on entitlement to or on the amount or extent, if any, of ground Racility. During such time, Contractor sh�ll 6e
any adjnstment in flie Contract Yi•ice or Contract Times, responsible for the snfety �nd protection of such
or both, a Claim may be made therefor as provided in Uiiderground Facility.
Parngraph 10,05. Howcvcr, Ownee• ntid Engitieer, ond nny
of their Relnted Entities shall uot be liable to Contractor 2. If Eugineer concludes that a change in ihe
for any claims, costs, losses, or damages (including but Conlract Documents is required, a Work Change
not limited to all fees and charges of enginecrs, architects, Directive or a Change Order will be issued to reflect and
attorneys, nnd other professionals and all couct or document such consequences. An equitable adjustment
, arbitration or other disi�ute resolutio�i costs) stistaiited by shall be made in the Contract Price or Contract Times, oi•
' Contractor on or in connection with any other project or both, to the extent that they are attriUutaUle to the
I nnticipnted project, existence or locf�tion of a��y Undergro�md Facility that
was not shown or indicated or not sl�owu or indicated
I 4.04 Unclergrotuld Facillties with reasonable accuracy in the Contract Documents nnd
that Contrflctoc did not know of nnd could not reasoitably
A. S/roi���r a� brrlicafed• The information and data have been expected to Ue awas�e of or to have anticipated.
i shown or indicnted in the Contract Docutneuts with If Ownei• and Contractor are unable to agree on
� respect to existing Unciergrow�d Facilities at or entitlement to or a� the amou»t or extent, if any, of nny
� contiguous to tl�e Site is based on iufonnation and dafa such adjustment in Contract Price or Coutract Times,
� fiirnished to Owner or Engineer by the owners of such Owner or Contractor may makc a Claim therefor as
Undei•ground Facilities, including Owner, oe by others. provided in Peragr�ph 10.05.
i Unless it is othe��vise expressly provided in the Sup-
; plementary Conditions; 4.05 Reference Poinls
I
1 1. Owner and Engineei• shall not be respoi�sible A. Owner sl�all provide enginearing surveys to
for the accuracy or completeiiess of airy sucl� infoizuaEion establish reference points foi• constraction whicli �i
oi• data; Aud Engineer's judgment flre necessary to etiable Contractor
to proceed with the Work Coutractor shall be responsible
2, t}�e cost of all of the following will be for Iaying out the Work, shall protect and preserve the
i�tcluded in thc Contract Price, and Coutractor shall have established refereuce points and properry monuments, and
fiil[ responsibility for; shall make no changes or relocations without the prior
written approval of Owner. Contractor shall report to
� a, reviewiug and checking all such information Engineer whenever any reference point oi• property ;
� and data, tnonwnent is lost a• ciestroyed or requires relocation I
because of necessary changes in grfldes or locations, and ;
� b. locating all Underground Tacilities shown or shall be responsible for the accurate replacement or
indicated iu the Contract Documents, relocltion of such reference points or prope�ty
monumants by professionally qualitied personnel.
c. coordination of the Work with the owuers of
such Undergrouud Facilities, including Owner, 4A6 Huzurdous �nviro»�rrenlal Condition al Sile
� during construction, and
A. Xeports anrl Drmvings: Reference is made to �
� d. tl�e safety and protection of all such Under- the Supplementary Conditions for thc idcntificatiou of ,
ground Facitities and repairing any damage thosc rcports attd dra�viugs relating to a Hazardous
tl�areto resulting from the Work. Environmental Condition identified at the Sita, if any, that j
have been utilized by the Engineer in the preparation of '
B. A'ot Shoivr� or� Indicaled the Contract Documents. I
1. If an Undergro�uid Facility is unco�ered or B. Lintited Reliance by Co�ttrnclor on Teclt�tical �
revealed at or contiguous to the Site which was not shown Datu �futhorized: Contractor inay rely upon the ganera! �
or iudicated, or not shown or is�dicated wid► reasonable accuracy of the "technical data" contained in such repo�ts �
accuc•acy in the Contract Documents, Contractor shall, ��d drawings, but sucli reports and drawings are not
promptly after becoming �tware thereof and before furllier ContrTCt Documents. Such "technical data" is identified
distw�bing coiiditions affected thereby or �ec•forming any in the Supplementary Conditions. Except for sucli reliance I
Work in connection therewitli (except in an emergency as on such "teclmical data," Contractor may not rely upon or
required by Para$raph G.16.A), identify the ownei• o£such mako any claim against Owuer a• Engineer, or any of
Underground Facility and give written notice to that tlieir Related Entities tivitl� respect io:
owner and io Owner and Engineer. Engiueer will
�JCDC G700 Stnnderd Gencrnl Cond{tfous of tLc Consh•ucUon Conlrnct.
Copyright � 2002 Natfonnl Soclety of Professlounl Gngineers for �JCDC. All rlglds rescrved,
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1. tlte compleleness of stich reporrts nnd drawings
for Contractoi's purposes, includitig, but not limited to,
any �spects of the means, methods, teclu►iquas, sequences
and procedures of constructiou to be employed by
Contcactor a�►d safcty precautions and programs incideitt
thereto; or
2, otlier data, intei��retations, opinions and
information contained iu such reports or shown or
indicated in suc�i drawings; or
3, any Contractor interpretation of or conclusion
d�•awn from any "technical data" or any such other data,
iuterprefations, opinions or information
C. Contractor sl�all not be respousible for auy
Hazardons Enviroumental Condition uncovered or re-
vealcd at the Site wltich was not showu or indicafed in
Drawiugs or Speci�cations oi• identified in thc Contract
llocmnen[s to bc within the scope of the Work.
Contractor sltall be responsible for a Hazai•dous
Environmental Condition created with any n�aterials
brought to the Site by Contractor, Subcontractors,
Suppliers, or anyone else for whom Contractor is
responsible.
D. If Contractor encounters � H�zardous
Enviromnental Condition or if Coutractor or anyone for
whom Contractor is respansible creates a Hazardous
Bnviroiunenta! Condition, Contractor sl�all immediately;
(i) secure or othe�lvise isolafe such condition; (ii) stop all
Work in coiuiection with siich condition And in any area
affected thereby (excepf in an emergency as required by
Paragreph b.16.A); nnd (iii) notify Owner and Engineer
(and promptly thereatter confirm such notice in writing).
Owner sl�all prontptly consult with Engineer concerning
tl�e necessity for Owner to retain a quali:fied expert to
cvaluate such condition or take corrective action, if any.
E. Contractor shalI not Ue required to resumc
Work in connection with such condition or in any affected
area until nfter Owner has obtained any required pennits
related tliereto aud delivered to Contractor written notice:
(i) specifyiug that such condition and any affected area is
or has been rendered safe for tl�e resumption of Work; or
(ii) specifyiiig any special co�iditions under wliich sucl�
Work may be resumed s�fely. If Owner and Contractor
cannot agree as to entitlement to or on the amount or
extent, if any, of any adjustment in Conh•act Price or
Contract Times, or both, as a result of sucl� Work stop-
page or snch special conditions uuder �vhich Work is
agreed to be reswned by Contractor, eitl�er party may
ntake � Claim therefor as provided in Paragraph 10.05.
enfitlement to or on the amou»t oc extent, if' auy, of an
adjustment in Contract Price or Contract Times as a result
of deleting sucli portion of the Work, fhen either party
cnay make u Claim therefor as provided in Paragraph
10.05. �wtiei• may have such deleted portion of tf�e Woi•k
perforrned by Owner's own forces or others in accordance
with Article 7.
G. To the fidlest exteiit permiited by Laws a�tid
Regulltions, Owner shall indemnify and hold l�armless
C�ntractor, Subcontractors, and Enginee�•, and tt�e
officers, directors, pai�tners, etnployees, agents,
consultants, and subcontractoi•s of eacl� aud a�iy of them
fi•om and against all claims, cosEs, losses, attd datnages
(including but not limited to al! fees and charges of
enginecrs, architects, attorneys, and other professionals
aud all court or arUitration or other dispute resolution
costs) arisiug out of or relating to z IIazarclous
Environment�l Condition, provided that sucli �Tazardous
Environmental Condition: (i) was uot shown or indicated
in the Drawings or Specifications or identified in tlte
Contract Documents to be includcd within the scope of
the Work, and (ii) �vas not ereated Uy Contractor or by
anyone for whoni Contracfor is responsible. Nothing in
this Paragraph 4.OG G shall obligate Ownai• to indeuuiify
any individual or entity fron� and against the conse-
quences of that individual's or entity's own negligence.
H. To tlie fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
hnrmless Owner and Engineer, and the officers, direcfors,
partiiers, employees, agents, consultants, and
subconiractors of each and auy of tt�em fi•om and against
ttll claims, costs, losses, and damages (includiug Uut noi
liit�ited to all fees and charges of engineers, architects,
attoi7ieys, �nd other professionals and all court or
arUitration or other dispute resolution costs) arising out of
or relatiug to a Hazardous L��ivu•onmental Condition
created by Cont►�actor or by auyone for whom Contractor
is responsible. Nothing in fhis Paragraph 4.06,H shall
obligate Contractor to inden�nify any individual or entity
fi�om and against the consequences of that iudividual's or
entity's own negligetice.
I. The provisions of Paragraphs 4.02, 4,03, and
4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5- BONDS AND INSURANC�
5.01 Pe�fornrance, Pay�nent, anci Olher• 13on�ls
F. If after receipt of such written nolice A, Contractor shall furnish performance and
Contractor does not �gree to resume such Work based on payment bnnds, each in an amount at least equal to the
a reasonabla belief it is tmsafe, or does not agree to Confract Price as security for the faithfiil perfom�ance and
resume such Work under such special conditions, ttien payment of all of Corrtractor's obligations under the
O�vner may order the portion of the Work that is in tlie Co�itract Documents. Tliese bonds shall remain in effect
at•ea affected Uy such condition to be deleted from the until one year after tl�e dafe when final payment becomes
Work. If Otiw�er �nd Contractor cannot agi•ee ns to due or witil completion of tlle correction period specified
EJCDC C-700 Stnndnrd Genere] Couditlons uf the Coustnicllou Con6�act,
CopyrigUt � 2002 Nntional Society of 1'roPessionnl �nglucers for L+JCDC. All rights reserved.
00700 -14
in Paragraph 13,07, wl�ichever is later, except as provided fi�om claims set foith below which m1y arise o�t of or
otherwise by Laws or Regulations or by the Contract result fi•om Contractor's performance of tlic Work and
Documents, Contractor shall also furuish such other Coi�tractor's other obligafions wider the Co►itract
bonds as are required by the Contract Docurnents. Documents, whether it is to be performed by Contractor,
any Subcout�•actor or Supplier, or by anyone directly or
B. All bonds shell be in the form prescribed by indirectly emptoyed by any of them to perform any of the
the Contract lloannents except as provided otherwise by Work, or Uy anyone foi• whose acts euy of them may be
Laws or Regulations, and shall be executed by siich liabls:
sureties as are named in the ctrrrent list of "Companies
Holding Certificates of Audiority as Acceptable Sureties 1. claims under woi'kers' compensation,
on Federal Bonds and as Acceptable Reinstu•ing Comp�- dis�bility benefits, and other similar employee benefi!
nies" as publishcd in Circular 570 (amended) by the acts;
Financia( Mauagement Se�vice, Surety Boud Branch, U.S.
Deparm�ent of tfie Treasuiy. All bonds signed by an agent 2. claims for damages because of bodily injury,
must be accompanied by a cei�tified co��y of tlie agent's oCCUpational slC[cness of' discasC, or deatli of Contractoi's
authority to act. employces;
C. If the surety ou any bond fiirnished by 3, clairns for damages because of bodily injwy,
Contractor is declared baiilavpt or becomes insolvent or sickness or disease, or dcadi of any person other tha�i
its right to do business is tei•minated in any state whcrc Conti•actor's employees;
any pai•t of the Project is locflted ot• it ceases to n�eet ttte
requirements of Paragrauh 5.01.[3, Coutractor shall 4, claims for damages insured by reasonably
promptly notify Owner and Engineer and shall, within 20 available personal injwy liability coverage which are sus-
days after the event giving rise to such notification, tained:
provide another bond and surety, botl� of which shall
comply with the requirements of Paragraphs S,O1.B ai�d a. by any person as a result of an offense directly
5.02, or indirectly related to the entployment of such
person by Conh•actor, or
5.02 Licensed Sw�efies aitd Ira,raa�e�s
b. by auy other perso�i for a�iy other reason;
A. All bonds and insurance required by the
Contract Documents to be purchased and maintained by 5. claims for d�mages, other then to the Work
Owner or Contractor shall be obtained from surety or itself, because of injury to or destruction of taugible
insurance companies d�at are duly liceused or authorized propei�ty wherever located, including loss of use cesulting I
iu the jurisdiction in which the Project is located to issue therefrom; and I
bonds or insura��ce policies for the limits a��� coverages
so required. Such surety and insurancc companies shnll 6. claims for damages because of bodily inj ttry or
also meet such additional requiremeuts and qualificntions death of any persou or �ropetTy damage arising out of the
as may bc provided in the Supplemeutary Cc» iditions. ownersliip, maintenance or use of any niotor vehicle.
I
5.03 Cerltftcates ofl�tsu�•m�ce B. The policies of insurance reyuired by tl�is '
Paragraph 5.04 shalL• (
A, Con[ractor st�all daliver to Owner, with copies
to eacli additional insured identified in the Supplementary 1. with i•espect to insw•ance required by �
Conditions, certificates of insurauce (and otl�er cvidencs Paragraphs 5,04.A.3 tttrough 5.04.A.6 inctusive, include �
of insurance requested by Owner or any other additional as additional insured (subject to any customaiy exclusion ,
insured) whicii Contractor is required to purchase and regarding professional liabifity) Owner and �ngineer, and
maintain. any other individuals or entities identified in the Supple- k
mentary Conditions, all of whom shall be listed as addi- I
B. Owner shall deliver to Contractor, with copies tional insureds, anci include coverage for thc respective
to each additional insiired identified in the Snpplemenfary officers, dieectors, partners, employees, agents,
Couditions, certificates of insui•ance (and other evidence consultants and subcontractors of each and any of all sueh I
of ins�u�ance requested by Contractor or any other additional insureds, end the insurance afforded to these
additional ittsw•ed) whiclt Owner is renuired to purchase additioual insureds shall provide primary coverage for all
and mauitaui. claims covered thereby;
5.04 Conb•acta�'s Liabilily Insttrance 2. includc at least the specific coverages aud be
written for not less tlian the limits of liability provided in
A. Contractor shall ptu•chase and maintain such the Supplemenfary Conditions or required by Laws or
liability and otlier insw•nnce as is appropi•iate for the Regulations, wliichever is greater;
Work being performed and as will provide protection
�JCDC C-700 5tendnrd Genernl Conditions oF the Construction Contrect.
Copyright m 2002 Nationel Soc(cty of Professionnl Tngineci;c Poi• CJCDC. All rlghts resciti�ecl, I
OD700 -15
�
3. uiclude completed aperations insurnnce; 2. be wi•itteu on a Builder's Risk "all-risk" or
opcn peril or special causes of loss policy form that shall
G. include conh•actuaf liability insw�ance at least inelude insurance for physical loss or damage to
covering Confractor's indetnnity obligatious ut�der the Work, temporary buildings, fnlse work, and materials
Paragi�aphs 6.11 and 6.20; and equipment iu transit, and sl�all insure against af least
the following perils oi• causes of loss: �re, liglttning,
5. contain a provision or endorsement that the cxtended coverage, theft, va�idalism and malicious
covcr�ge afforded will not be cauceled, mAterially mischicf, eartiiquake, collapse, deb3�is removal,
chaixged or renewal reftised nntil at least 30 days prior demolitiou occasioiied by enforcement of Laws and
tivritten nofice has been given to Owner and Contractor Regulatious, wAter damage, (other than caused by flood)
and to each other additional insured identifed in the and such other perils or causes of loss as may be specifi-
Supplementnry Conditions to wliom a certificate of cally required by the Supplementaiy Conditions;
instn•ance has been issued (and t}ie certificates of
insurauce furnished by the Conh•actor pursuant to 3, inelude expenses incurred in the repair or
Paragraph 5.03 will so provide); replacement of any insured prop�rly (including but not
limited to fees and charges of engi►�eers and arc}�itects);
6. rcmflin in effect at least until fival payment
and Eit 111 times thereafter when Contractor m1y be �. cover materials and cquipment stored at the
correcting, removing, or i•eplacing defective Work in Site or at another location that wns agreed to in writing by
accordance with Parngra�tt 13.07; nnd Owner prior to being incorporatad in the Work, provided
that such materials and eyuipment have been included in
7, with respect to completed operations insur- ait Application for Payment recommended by Snginaer;
ancc, and any insurance coverage written on a claims-
m�de basis, remain in effect for at least t�vo years after 5. allow for partial utilization of the Work by I
final paymant. Owner;
a. Contrnctor shall fi�rnish Owner �nd eacli oHler 6. include testing and startup; and
additional instired identified in tl�e Supple-
iuentaiy Conditions, to whom a certificate of 7. be �uaintained 'ui effect until fii�al paytnent is
it�stu•t�nce l�as been isstted, evidence satisfactory made unless otherwise agreed io in writing by Owner,
to Owner and any such additioual insured of Contractor, and Engineer with 30 days written uotice to
continuation of such insurance at final payment each other additional insured to whom a certificate of
and one yea�• fhereafter, insurance has been issued.
S.OS O�t�ner'sLia6iliiylnsurance B, Owner shalf purchase a�id maintain such � I
boiler and machinery iusurnnce or additional property �
A. In addition to the inst�ra»ce renuired to be iusurance as may be required by the Supplementaiy
providcd by Contrnctor tmder Paragraph 5,04, Owner, at Conditions or Laws and Regtilt�tions which will include
Owner's option, may purcl�ase aud maintain at Owner's the interests of Owner, Confractor, Subcontractors, and
expense Ownei°s o�vn liability insurance as will protect Enginecr, and any other individunls or entities identified
Owner against claims which may arise fi•om operations in thc Supplementary Conditions, and the of�tcers,
under the Contract Documents. directors, partners, employees, a�ents, consultants and
subcontractors of each and any of them, each of wliom is
5.06 Propertyhrstu•ance deemed to have an insurable interest aud sliall be listed as
an insured or additional insured.
A. Unless ot}�erwise provide<i in the Supple- �
mentary Conditions, Owuer shall purchase and maintain C. All the policies of insui•a�ice (nnd the certifi- i
property insurence upon the Work at the Site in the cates or othcr evidence thereofl required to be purchased
amoiuif of the fiill replaceme�tt cost thei•eof (subject to and maintained in nccordance with Paragraph 5.06 will
such deductible amouuts �s m�iy be provided in tlie contain a provision or endorsement that the coverage
Supplementaiy Conditions or requii•ed b�y Laws 1nd afforded will not be cancelecl or materially ctianged or
Regulations). This insurance shall: renewal rei'used until at ]east 30 days prior written notice
has been given to Owner and Contractor and to each other
1, include the interests of Owner, Contractor, additional insured to whom a eertiflcate of insurance has
Subcontractors, and Engiueer, and any other iudividuals been issucd �nd will contain waiver provisions in accor- I
or entities identified in thc Supplemeutaiy Cottditions, dance with Patageaph 5.07. (
and 1he officers, directars, pat�tners, cmployees, agents,
consultants and subcontractors of each and any of them, D. Owner shalt not be responsible foz• purchasiug �
. each of whom is deemed to liave an insurable interest and and maintaining any property insurance specified in tl�is
shall be ]isted as au insured or additional insured; Paragrapli SAG to protect the interests of Contractor,
Subcontracfors, oi• others in tlie Work to tlie e�ctent o any
�JCDC C-70U �fnnderd Genernl Condilions of the Conslruction Covtrnct.
Copyr(�ht C� 2002Natlooal Society of Yrofessimiel �nglnecrs for �JCDC, All rights reserved.
00700 - I6
deductible amounts that are identifted in the Supple- 1, loss dtte to busuiess inteiruplion, loss of use,
mentary Conditions. T(�e risk of loss within such or other consequential Eoss extending beyond direct
ideiitified dednctible amount will be bor�ie by Contractor, physical loss or d�mage to Owner's property or the Worlc
Subcontcactors, or others suffering any such [oss, an<i if caused by, arising out of, or resulting from firc or other
any of the�n wisl�es property iiisurance ccverage within perils whether or not insw•cd by Owner; ruid
the lituits of such ainounts, each may purchase and
maintain it at the purchaser's own expense. 2. loss or damage to the completed Project or
�art thereof caused by, arising otit of, or resultui� fiom
E. If Contractor raquests in writing that other ftre or other insured peri! or cause of loss covered by auy
special insurance be inclnded in lhe property insurance prope��ty insurance uiainfained on the completed Project
policies provided under Para�raph 5.0G, Owner shafl, if or part ttiereof by Owner during p1t'fIAI utiliz�stion
possiblc, include such insurance, aud tlie cost tl�ereof will pursuant to Paragraph 14.05, a�ter Substantia[ Completion
be cl►arged to Coutrnctor by appropriate Change Order. pursuA�it to Paragraph 14.04, or after �nal payment
Prior to commencemeiit of the Work at the Site, Owner pursuaiit to Parlgraph 14,07.
shall in writing advise Contractor whether or not such
other insurauce has been procurcd by Ownei°. C. Any insurance policy maintained by Owncr
covering any loss, damagc or conseyuential loss referred
5.07 WaiverofRights to in Parugraplt 5.07.B shnll contain provisions to the �
effect that in the eveut of payment of any such ]oss, I
A. Owner and Conlractor intend thlt fllI policies damage, or consequential loss, the insurers will have no
purchased in accordance with Paragraph 5.06 will protect rights of recovery against Conh�actor, Subcoutractors, or
Owner, Contractor, Subcontractors, and Engineer, aud all Eugineer, and the officers, directors, pariners, employees,
other individuals or entities ideutified in the Supple- agenis, consultants and subcoutractors of each and any of
menta�y Conditions to be listed as insureds or additional tl�em. I
insureds (and the officers, dircctors, p�rtners, employees,
agents, consultants and subcoutractors of ea.ch and a��y of 5.08 Receipt andflpplicaliort oflnst�rance Proceeds �
tl�eui) in such policies and will provide prirnary coverage •
for all ]osses and damages caused by tl�e perits oi• canses A. Any insured loss under tlie policies of
of loss covered thereby. Afl sucli policies shall contaiu insw•ance required by Parlgraph 5.06 will be adjusted
provisions to the effect that in the evenf of payment of with Owner nnd made payable to Owner as fiduciary for
any loss or cfa�nage the insurers will have no rights of the insureds, us their interests may appear, subject to the
recovery against any of the insureds or additional insw•eds reyuirements of any applicable mort�age clause aud of I
thereunder. Owner and Confractor waive all rights against Paragraph 5,08,B. Owner shall deposit in a separate �
e�ch other aud their respective officers, directors, account any money so received and shall distribute it in �
partners, employees, agents, cons�ulfatrts and accordance with such agreement as the parties iu interest
subconh�actors of each and any of them fox• all losses and may reach. If no other special agreement is reached, the
damages caused by, arising out of or resultir�g from any of dantaged Work shall be repaired or replaced, the moneys �
the perils or causes of loss covered by suc�t policies aud so received applicd ot� account thereof, nnd the Work and ;
auy otlier property iusurance npplicable to t?�e Work; and, the cost thereof covered by ai� appropriate Chuige Order . �
in addition, waive all such rights against Subcontrectors, �
attd Engineer, znd alI other individttals or entities B. Owner as fiduciary shall have power to adjust
identified in the Supplementaiy Conditions to be listed as and settle any loss with fho insurers unless one of ihe �
insuced or additional insured (and the officers, directors, parties in interest shall object iu writiug within 15 days �
partners, employees, agents, conseilta��ts and after tlie occurrence of loss to Owner's exercise of this �
subcontracto�•s of each and nny of tliem) uuder such power. If such objection be made, Owner as fiduciary
policies for losses ai�d d�mages so caused. None of the shall m�ke settlemcnt �vith the insurers in accordance with �
above waivers shall extend to tlie rights tliat any party sucfl agreement as the parties in interest may reach. If no
�naking stich waiver may have to the proceeds of sucfi agreement among the parties in interest is reached, �
insiirance held by Owner as trustee or otheltivise payable Owner as fiduci�ry shall adjust and sattle the loss witli tlie
under any policy so issued. insurers and, if required in writing by any party in �
interest, Owner as fiduciaiy shalt give boncl for thc proper '
B. Owner waives all rights against Coniractor, perforinauce of such duties. I
Subcontractors, and Engineer, and the officers, directors,
parhiers, employecs, agents, consultants and 5.09 Aeceptasrce of Bonds and Insw�at�ce; Option to �
subcontractors of each aiid any of tliem for: Rep/nee
A. If eifher Owner or Coutractor has any
objection to the coverage afforded by or other provisions ,
of the bonds or insurance required to be purchased and
maintained by fhe other �arty in accordance with Article 5
on the b�sis of non-conformance witli the Con tract ,
TJCDC C-700 5tfludnrd Gencrnl Couditions of t6e Cunstruction Contrect. �
Co��yriglit � 2002 National Socicty ofProfessfonnl Gnglncers for EJCDC. All ►9ghfs reserved. I
00700 -17
i
�
Documents, t{ie oUjecting party shall so notify the otl�er received fi•ow the superintendent sliall be binding on
party in writirig within 10 days after receipt of the ConG•actor.
certificates (or other evidence requested) cequirecl by
Paragrapl� 2.O1.B. Owner and Contractor shall euch 6.02 Lnbo�; tYorki��gHou�s
provide to the otlier such additional informatioti i�i respect
of insurance provided as tl�e other may reasonably A. Cont►•acroi• sliall provide competent, suitably
request. If either party does not purchase or mai�itafn all qualified personnel to suivey and lay out the Work aud
of the bonds and insiu•ance required of such plrty by the perPorm construction as required by the Contract Docu-
Contract Documenfs, such parry shafl notify the other ments, Contractor shall at all times maintain good disci-
party in writiug of such failure to purchase prior to the pline and order at the Site.
start of tlie Work, or of sucl� failure to mainlain prior to
any change in ihe required coverage. Without prejudice to II, Except as otherwise i•equired for the szfery or
any other ri�ht or reinedy, the otlier party may elect to protcction of persons or the Work or property at the Site
obtain equivalcnt bonds or insurance to prol:ect such other or adjacent tl�ereto, and except as otherwise stated in the
party's interests At die expense of the parry who �vas Contract Documents, all Work at the Site shall be
required to provide such coverage, aiid e�Chan�e Order perforllied during regiilar working honrs. Contractoi• will
shall be isstted to adjust the Contract Price accordingly. not pe�Ynit the perfortnance of Work on a Saturday, ,
Sunday, or any legal holiday without Owner's written I
5.10 Pp!'(JQj U11I12R1T031, ficknotivledgme.nt of Property consent (wltich will not be tuu�easonAbly withfteld) given
Laseu�er after prior written notice to Engineer.
A. IF Owner finds it uecessary to occtipy or use a 6.03 Services, Nlnlerials, a�rclEqtripment �
poi�tion or portions of the Work prior to Substaiitial
Completion of �Il the Work as provided in P�cagrapii A. Unless otherwise specified in t1�e Contract
14.05, no such use or occupnncy shall commence bafore Doctuuents, Contractor shfltl provide and assume fitll
the insurers providing thc property insurance putsu�nt to responsibility for all services, materials, equipment, labor,
Paragraph 5AG have acknowledged notice chereof uid in transportation, construction equipment and machinery, i
writing effected auy changes in coverage necessitated tools, appliances, fuel, power, ligftt, i�eat, telephone, '
thereby, The insurers providing tfie property insurance water, sanitary facilitics, temporary facilities, and all other �
shall consent by endorsement o» the policy or policies, facilities �ud incidcntals necessary for tlte performance,
but the property ius�n•ance shall not be canceled or testing, start-np, and completion of the Work.
permitted to lapse on account of any such partial use or
occupancy. B. All materials and eqiiipment incorporated inEo
the Work shall be �s specified or, if not specified, shall be
of good Guality and iiew, except as other�vise provided in
ARTICLE 6- CONTRACTOR'S ItESPONSIBILITIES the Contract Documents. All special warranties and
_ guar�ntees required by the 5pecifications shall expressly
nm to fhe benefit of Owner. Tf reqiiired Uy Engiueer,
6.0] Supervisio�t arrd S2r�eri�uendetice Coiitractor shall fin•nish satisfactory evidence (inclnding
reports of required tests) as to flte source, kiud, a�id
A. Contractor shall supervise, inspect, and direct quality of materials and equipment �
the Work competently and efficiently, de��oting such
attention tl�ereto and applying sucl� skills and expertise as C. All materials and equipcnent shall be stored, '
may be necessary to perform tl�e Work in accordance with applied, installed, connected, erected, protected, used, �
the Contract Documents. Contractor shall be solcly cleazied, and conditioned in accordance with instructions
responsible for the means, methods, techniques, of the applicable Supplier, except as othenvise may be
seGuences, and procedures of construction. Contractor provided in the Contract Documents. �
shal! itot be responsible for tha negligence of O�vner oi•
Engineer in tlie design or specification of a specific G.04 P��ogf'ess Schedule
means, method, technique, sequence, or procedure of' �
consU�uction which is shown or indicated 'ui :wd ea�ressly A. Contracior shall adhe�•e to the Progress
rec�uired by the Contract Documents. Schedule estlblis}�ed in �ccordance with Paragraph 2,07
as it may be adjusted from time to time as provided
B. At all times duri�ig the progress of the Work, below.
Contractor shall assign a competeut resident superin-
tendent who sl�all not be replaced without written notice
to Owner and Engiueer except under exfraordinaiy
circumstances. '1'he superintendent will be Contractor's
i•epresentative at the Site and shall have atrthority to act on
beha(f of Contractor, All communications given to or
CJCDC C-700 Stend�rd GcncrFil Coudi[tous of the Constr�tctton C�ntrect.
CopyrlgLt � 2002 Nationiil Socletp ofProfess[onal Gngineers for EJCDC. All riglits reserved.
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1. Conlractor shall submit fo Engineer for
accepta�ice (to tlie extei�t indicated in Paragraph 2.07) 2) ic will conform substaiitially to tl�e
proposed adjushneiits in tlie Progress Schedule that wi(1 detailed reqiiirements of the item uamed it� the
not result iu changing the Contract Times. Such adjust- Contract Documents.
ments will comply with an� provisions of tl�e General Re-
quiremetits upplicable thereto. 2. Substitute Itcros
2. Proposed adjushuents iu tl�e Progress a. If in Eiigiueer's sole discretion an item of
Scl�edule tliat will cl��nge the Coutract Times shall be material or equipment proposed by Contractoc
submitted in accordance with the requirements of Article does not qualify as ui `br-equTl" item under
12. Adjustments in Contrnct Times may only be made by Paragraph 6.OS.A.1, it will be considered a
� Change Order. proposed substitute item.
6.05 Strbsl�[:�tes and "Or-Eqzrals" b. Contr�tctor shall submit sttfficietit information
as provided belotv to allow Engineec• to
A. Whenever �n item of mnterial or equipment is determine that ihe item of material or equipment
spccified or described in the Contcact Documents by proposed is essentially equivaEent to that named
using the ❑ame of a proprietary item or the name of a and an accaptable substitute tlierefor. Requests
particu[ar Supplier, the speci�cation or description is for review of proposed substitute items of
intended to esteblisk� the type, fimction, a�pearance, and material or ec�uipment will not be accepted by
quality required. Unless the specification or description Engineer fi•om anyone other than Covtractor. I
conta'v�s or is followed by words reading tfiat no like,
equivalent, or "or-equal" itein or no substitulion is c. The requiremenls for review by Enginccr wilf �
permitted, other itents of material or equipittent or be as set forth in Paragraph 6.O5.A.2.d, as
material ar equipmenf of other Suppliers may be sup��lemented in the General Reqtiirements and �
submitted to Engiiieer for review under the circumstances as F,ngineer may decide is appropriate uuder the
described below, circumstances. I
I
1. "O��-�qrral" Ite�ns: If in Er,gineer's sole d. Contractor shall make written application to I
discretioti an item of material or equipment proposed by �ngineer for review of a E�roposed substitute item �
Contractor is functionally equal to t(�at natned and of material or equipment that Contractor seeks to �
sufficiently similar so that no change iu related Work will furnisli or use. The application: '
be reauired, it may be considered by Engi�ieer as an I
"or-equal" itcm, in wl�ich case review and approval of tl�e 1) shall certify that the proposed substi-
proposed item may, in Engineer's solc discretion, Ue tute item will: �
accouiplished witl�out compliance with some or all of the �
requirements for approval of proposed sabstitute items. a) perForm adequately the fiiuctions and
For tlie purposes of tliis Paragraph 6.05.A.1, a proposed achieve fhe results called fnr by tlie
itein of material or equipment will be ca�sidered general design,
fiinctionally equal to an item so named if: I
b} be similar in substance to ihat
a, in thc exercise of reasanable judgmcnt specified, and
En�ineer detenuines that: �
c) be suited to the same use as that
1} it is at (east equa[ in materials of specified; �
construction, quAlity, durability, appearauce,
strength, and design characteristics; 2) will state:
2) it will refiabLy perform at least �) the exteiit, if any, to tivl�ich tl�e itse of �
equally wall the function and achieve the results the proposed substitttte item will pc•eju-
imposed by the design coneept of the completed dice Contrnetor's achievement of I
Projeet as a functioniug whole, Substantiat Completiai on time;
3} it has a proven record of performance b) whether or not use of the proposed
a�id availability of responsive se�vice; and substihite item in the Work will re�uire
n change in any of the Contract Docu-
b. Contractor certifies that, if approved and ments (or in the provisions of any otl�ai•
incotporated into dte Work: direct contract with Owner for other
work on tl�e Projecf) to adapt tlie design
1) there �vill be no i�icrease in cost to to the proposed substitute itero; Aud
the Owner or increase in Contract Times, a3id
�JCAC C-70D Sten�3erd Genernl Conditions of tt�e Construclion Contrnet.
Copyi9ghl 0 2002 Natimial Society oSYrofessional Cnglueers fm� EJCDC, A]! riglits reservecl, I
U07�0 -19
�
c) whether or not incorporation or use Documents (or in the provisions of any other direct
of the proposed substitute item in con- contract with Owner) resu(ting from the acceptance of
itecfion wilh the Work is subject to each proposed substitute.
paymei�t of any liceuse fee or royalty;
F. Contractor's lYpertse; Conti•actor sh�ll
3) witl identify: provide all data in support of any proposed substitute or
"or-equal" at Contractor's expense,
a) all va�•iations of the proposed
substitute item from that speci�ed , and G.06 Concerniy�g Subconlraclons, St�ppliers, ar�d
Olhers
b) available engineering, sales,
tttaintenance, repnir, anu� repinccment A, Contractor shnll not employ any Subcon-
seivices; fractor, 5upplier, or other individual or entity (includi►ig
those acceptable fo Owner as indicated in Paragraph
4) a�id sl�all cont�in an itemized esti- G.06.B}, whether iuitially or as a replacement, xgainst
mafe of all costs or credits that will result whom Owner may liave reasonable objection. Contractor
dicectly or indiractly fi•om use of such substihite shall not Ue required to employ a�iy Subcont�•actor,
item, inchiding costs of redesign ��d claims of Supplier, or other individual or entity to fiirnish or
otliee oontractors affected by any resulting perform any of tEie Work against whom Contractor t�as
c3iange, reasonable objecfion,
B. Sr�bsliirrle Consh•trction Methods or Proce- B. If the Supplemeutary Conditions require the
dur•es: If a specific means, method, techuique, sequeuce, identity of certain Subcontractors, Snppliers, or othei•
or procedurc of consmiction is expressly required by tl�e individuals or entities to be submitted to Owner in
Contract Documents, Coiitractor may fiirnish or utilize a adva�ice for �ccept�nce by Owner by a specified date
substitute meaus, method, technique, sequence, or prior to the EfPective Date of the Agrecment, and if
procedtu•e �f constil�ction approved by Eugineer. Contractor has submitted a list thereof in accorda�ice wifh
Coutractor sl�a(1 submit sufticient infoi•mation to allow tlte Supplementary Conditions, Owner's accepfancc
�ngineer, in Engineer's sole discretion, to �letermiue that (cithcr in writing or by faiting to make written objection
thc substihrte proposed is equivalent to that expressly thereto 6y the date indicated for acceptance or objection
; called for by the Couti•act Documents, The requirements in the Bidding Documents or the Contract Documents) of i
for review by Engineer witl be similar to those provided eny such Subcontractor, Supplier, or other individual or
in Paragraph 6.OS.A.2, entity so identified may be revoked on the basis of reason- I
, able objection after due investigatio�i. Contractor shall
C. Engineer's Cvahration; Eugvieer will be stibmit �n acceptable replaccment for the rejected
allowed a reasonable tinie within which to �svah�ate each Si�bconiractor, Supplier, or other individual or entity, and �
proposal or submittal made pt�rsuant to Paragrap}is 6.OS.A the Contract Price will be adjusted by fhe difference in the
, and 6.O5.B. Eiigineer may require Contractor to furuish cost occasioned by sucli e•eplacemeirt, and an appropriate �
addifional data about the proposed sttbstituie item. Change Ordei• will be issued . No acceptance by Owner of I
Engineer wi11 Ue the sole judge of necepiability. No "or any such Subcontractor, Supplier, or ofIier individual or i
equaP' or substitute will be ordered, insta[led or utilized entity, whether initially or as a replacemenl, shall consti- I
until Engineer's review is complate, which wiil be tute a waiver of any right of Owner or Engiueer to reject
evidenced by either a Change Order for a substitute or an defective Work. I
approved Sl►op Drawing foi• an "oc• equaL" Engineer will
advise Contractor in writii�g of any negative C, Contractor shall be fully responsible to Owner
determination, aiid Engineer for all acts and omissions of the
Subcontractors, 5uppliers, and other individuals or
D. Special Gtrai•antee: Owner ui�y require entities performicig or fi�cy�isl�ing any of tiie Work just as
Contractor to fiunish at Coufractor's expense a special Contractor is responsible foc Contractor's own acts and
performance guarantee or other surety with respect to any omissions. Nothing in the Contract Documents:
substitute.
1. shall create for the benefit of arry sach
�. E�igineer's Cos! ReimGtusetne�tl: Engineei• Subcontractor, Supplier, or otl�er individual or entity auy
will record E�igiueer's cosfs in evaluating a substitute contractual relationsliip between Owner oi• Engineer and
proposed or subniitted by Contractor pursuant to any such Subcontractor, Supplier or otlier individual or
Paragraphs 6.OS.A.2 and G.OS.B Whether or not Engineer entity, nor
approves a subsfitute item so proposed or submitted by
Contraetor, Contractoi• sliall reimburse O�vner for the 2, shall anythitig iit the Conti•act Documents
charges of Engineer far evaluating eacli such proposed create auy obligatiou on the patrt of owner or
substitutc. Conlractor shall also reimburse Uwner for the �ngineer to pay or to see to the payment of any moneys +
charges of Engineer for making changes in the Coutract due any suclt Subcontrzctor, Supplier, or other individual �
EJCDC C-700 Sfxndtird Generxl CouJifious of' fhe Coust�vetlon Contrncf.
Copyright OO 200Z Net[onn.1 Society ofPrafessional �nginecrs Por �JCDC. A]( righfs reserved,
00700 - 20
I
i
or entity except as may otherwise be required by Laws B. To the fiillest extent parmitted Uy Laws and
�nd Regulafions. Regulations, Contractor sfiltl indemnify and hold
hai�nless Owner and Bngineer, and the officers, directors,
D. Contractor sl�all be solely responsible for partners, employees, agents, consultants and
scheduling and coordinating tlie 'Work of Subcontractors, subcontractors of each and any of fhem from and against '
Suppliers, and other individuals or entities perfoa�nting or all cl�ims, costs, ]osses, 1ud dam�ges (including but not (
furnist�i�ig auy of the Work wider a direct or iudirect fimited to all fees and charges of engineers, arcliitects, I
contract with Contractor. attorneys, and otiter profession�ls and all court or
arbitration or otfier dispute resolution costs) arisiu� out of �
E. Contractor shall require nll Subcontractors, or relatiug to 1ny infi•in�ement o£ patent rigltts or �
Supp(iers, �id such otlter individuals or entities per- copyrighls incident to tlie use in the performance of the
forming or flunisliing any of the Work fo commuuicafe Work oe resulting fi•om the incorporation in the Work of i
wit(i Engineer tl�rough Contractor, any invention, design, �n•ocess, product, or device not I
specified iu tlie Contract Documents.
F. The divisions a�id scctions of tlie Specifica- ,
tions and the identificntions of at►y Drawings shall not 6.08 Permits
control Contractor in dividiug the Work among Subcon- I
tractors or Suppliers or delineating the Work to be A. Unless otherrvise provided in the Supple-
perforn�ed by �ny specific trade, mentnty Conditiotis, Contractor shall obtain and pay for �
all constniction permits and licenses. Owiier shall essist I
G. All Work performed for Co�ttractor by a Contrector, when necessary, in obtaining such permits `
Subcontractor or Supplier �vill be pursuant to an appro- and licenses, Contraclor sliall pay all govenimeiital �
priate �greement between Contrnctor and fhe charges and inspection fees necessary for the prosecufia� i
Subcontractor or Supplier which specifically binds the of tl�e Work wliich are applicable at the tinte of openuig '
Subcontracto�• or Supplier to tl�e applicable terms and of Bids, or, if there are no Bids, on the Effective Date of I
conditions of ihe Contract Documents for the beriefit of tlie Agreement. Owner shall pay all cl�arges of utility
Owner and Fngineer. Whenever any suci� �greement is owners for coimections for providing permanent setvice '
with a Subcoutractor or Supplier who is listed as an to the Work. '
additional insiu•ed on the property insurance provided in
Paragraph 5.06, tlie xgreement between the Contractor G.09 Lmvs and Regirinlions
and ttie Subcontractor or Supplier will contain provisions
wheraby the Subco�itractor or Supplier waives all righis A. Confractor shall give all uotices required by i
againsf Owner, Contractor, and �ngineer„ end all otl�er and shall comply with all Laws and Regulations applica-
iudividuals or entities identified in the Suppleme�itary ble to the performance of the Work. Except where
Conditions to be listed as insureds or additionn( insureds otheitivise expressly required by applicaUle Laws and
(�nd the o�cers, directors, parfners, employees, agents, Regulations, ueither Owner nor Engineer shall be `
consultants and sttUcontractors of esch and any of them) responsible for mouitoring Contractor's compliance with I
for all losses and damages caused by, arising out of, any Laws or Regulations. �
relating to, or resulting from any of the perils or causes of
loss covered by such policies flnd any oiher proparty B. If Contractor performs any Work knowing or !
insur�uce applicable to the Work. lf tlie ins�irers on any having re�soti to know that it is cont►•ary Yo Laws oi• �
such policies require separate waiver forms to be signed Regulations, Contractor shall bear all claims, costs,
by any Subcontractor or Supplier, Contract�or will obtnin losses, and dainages (including but not limited to al] Cees
thc s1mc. and charges of engineers, architects, attorneys, and other I
professionals and all court or arbitration or other dispute �
6.07 Patent Fees and Royalties resohition costs) urising out of or relatiug to such Work.
However, it shall not be Contractor's pri�nary
A, Contractor shall pay all license fees and responsibility to make certain that the Specifications and
royalties and assume all costs incident to the iise in the Drawings are in accordance with Laws and Regulations,
perfoimance of the Work or the incorporafiou in thc Work but this shall not relieve Contractor of Contractor's
of any invention, design, process, product, or device obligations underParagraph 3.03.
w}�ich is tl�e subject of patent rights or copyrights held by
others. If a particular invention, desigu, process, producl, C. Cliaz�ges vi Laws or Regulations not known at
or device is speciCed in the Confract Documents for use the time of opening of Bids (or, on the Effective D�te of
in tlie perfonnance of tlie Wock and if to the actual the Agrcemcnt if there were vo Bids} having an effect oa ,
knowledge of Owner or Engineer its usc is subject to the cost or time of performance of the Work shall be the �
patent rights or copyrights calling for the payment of any subject of an adjustment in Contract Price or Contract
license fee or i�oyalty to others, the existence of such Times, If Owner and Contrflctor are unaUle to agree on
rights shall be disclosed by Owner iu the Contract entitlement to or on the amoimt or extent, if any, of any .
Documents, such adjustmetit, a Claim may be n�ade therzfor as
provided in Paragraph 10,05.
�JCDC C-7D0 Stnnderd Gencrnl Condltions of thc Constructian Coutrncf,
Copyright � 2002 nnfiona[ Soctety ofProfesstoual �uglnecrs fm• �JCDC. All rlg6ts cesetti�ed.
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D, Loading Struclr�res: Contcactor sliall not load
' 6,IQ Tmes nor permit any part of any structure to be loaded in any
manner that will endulger the strucfw•e, nor shall
A. Co�itractor shall pay all sales, cousumer, use, Coutractor subject any part of the Worlc or adjacent
and other similar taxes required to be paid by Coniractor property to stresses or pressiu•es that will endanger it.
in accordance i It he L�
w t t a�s nnd Regulations of the pince
of the Project whicl� are applicable ducing the G.12 Record Documet�is
performAnce of the Work.
A, Conic•actor slisll maintain in a safe place at tl�e
6.11 UseofSiteaiulOtherAreas Site one record copy of all Drawings, Specifications,
� Addenda, Change Orde�•s, Work Ch�iige Directives, Field
� A. Limitation on Use of Site and Other Areas Orders, and written interpretations and clarifications in
good order and Hnnotated to show changes made during
1. Contractor shall confine construction equip- constnicfion. These record documents together with all
ment, the storage of materials and equip:ment, and the approved Samples and a couuterpart of all approved Shop
� opei•ations of workers to the Site and other areas Drawings wi11 be available to Engineer for reference, �
periuitted by Laws and Regulations, a�id shall not Upon completion of the Work, these record documeuts,
' unreasonably encumber the Site aud other areas with Satnples, and Shop Drawings will be delivered to Engi-
constractiou equipment or other materinls or equipment. neer for Owner.
Contrlctor shall assume fi�ll responsibility for any
damage to atty sucli land or arca, oi• to ihe owtier oi• 6.13 Safefy and Proteclinn
occupant thereof, or of auy aJjacent laud or areas
resulting from thc performance of tfie Work.. A. Contractor shall be solely responsible for
initiating, maintaining aiid supervising all safety precaii- i
2. Sf�ould any claim be made by any such owner tions and programs in connectiou with the Work. (
or occupant because of tlie perfoim�flnce of tfie Work, Contractor shall iake all i�ecessaiy precatitions for tlie
Co3�h•actor shall promptly seftle with sucli other party by safety of, and shall provide the necessa�y protcction to I
negotiation or otherwise resolve the claim by arbitration prevent damage, injmy or loss to: ;
or other disputc resoh�tion proceeding or at law. �
, 1. all persons on the Site or who may be affected
3, To the ful(est extent permitted by Laws and by the Work;
Regulations, Contr�ctor shall indemnify and hold
hnrmless Owner and Eugineer, anei titie officers, directors, 2. all the Work and materials aud equipment to
partners, employees, agents, consultants and be incorporatad iherein, whether in storage on or off the
subconh•actoi•s of each a�id any of them from azid against Site; and
all claims, cosfs, losses, and dainages (iucluding but not
Iimited to all fees And charges of engineers, lrchitects, 3, other property at the Site or adjacent thereto,
' atforneys, and othcr professionals and all court or includiug trees, s}irubs, lawns, walks, pavements,
arbitration or other disputc resolutiou costs) arisiiig out of 1'OR(�LVRYS� structures, utilities, and Underground Facilities
or relating to a�ry claim or actio��, legal or equitable, not designated for ren�oval, relocation, or replacement in �
brought by any such owuer or occupant against Owner, the course of cons[ruction. �
�ugineer, or any other party indemuified I�ereunder to the i
extent caused by or based upon Contractor's performancc B. Contractor shall comply with ail ap��licable i
of tha Work. Laws and Regulatians ra[ating to the safety of persons or
property, or to the protection of persous or property from
B, Rer�lora! of Debris D:rr•ir�g Peifornra�7ce of tlae damage, injury, or ]oss; aud shall erect and maintain all
I3'ork.• During the progress of the Work Contractor shafl necessary safeguards for such safety and protection.
keep the Site and otlier areas fi�ee from acc!.unulntions of Contractor shall notify owners of adjacent property and of
waste inaterisls, rubbish, aud other debris. Removal and Under�•ound Facililies aud other utility owners when
disposal of sucli wasle materials, rubbish, and other debris prosecution of the Work may affect them, aud shall
shall conform to appficable Laws and Regulations. cooperate with them in the pcotection, removal,
relocatiou, aud replaccment of their En•operty.
C. Cleanrng.� Prior to Substantial Completion of
the Work Co�rtractoc sha[I cleau the Site e:nd ilie Work C. All damage, injuiy, or loss to any property
and make it ready for utifization by Owner. At tlie com- referred to in Paragrapl� 6.13.A.2 or G.13.A.3 caused,
pletion of the 1Tdork Conh�actor shall remove fi�om the Site directl or indirectl , in whole or in art, b Contractor,
Y Y P Y
all tools, appliances, consiruction equipment and any Subcontractor, Supplier, or any othcr individual or
machinery, and surplus materials and sh�ll restore to entity directly or indirectly em��loyed by any of them to
I a•iginal condition atl property not desiguatcd fo►• pei•foitin any of the Work, or anyone for w}iose acts any of
, altaration by the Contract Documeuts. tftem ntay be lia6le, shall be remedied by Contractor
(except damage or loss attcibutable to the fault of Di•a�v-
EJCDC C-700 StnnderJ Gcucrnl Couditions of N�e Coostructlon Contrnct.
Copyright G 2002 Nntionnl Soc(ety of Professionel �ogiuecrs for �JCDC. All riglits reserved.
00700 - 22
ings or Specifications or to the acts or omissions of b, Data shown on the Shop Drawings will be
Owner oi• Engineer or , o�• anyone em��loyed by any of comp(ete with respect to quantities, dimensions,
them, or atiyone fot• whose acfs any of thetn may be specified performancc and dasign critei•ia,
lisble, and not attributable, directly or indirecfly, in wfiole materials, aud similar data to show Engitteer tl�e
or in part, to the fault or negligence of Contractoc or auy services, materials, and equipmeut Contractor
SubcoiiU•actor, Supplier, or other individual or entity proposes to provide and to enable &tgineer to
directly or indirectly employed by �ny offhem). review the information for tl�e limited purposes
required by Paragraph 6.17.D.
D, Coi�teaccor's duties and responsibilities for
safery and for protection of the Work shall continue until 2. Sample,s: Contractor shall also submit
' such time as all the Work is completed 1nd Enginecr lias Slmples to Engineer for rcvicw nnd npproval in accor- ,
issued a nofice to Owner �nd Confractor in accordauce dauce with tl�e acceptable schedute of Shop Drawu��s and �
witl� Paragraph 14.07.B that the Wox'k is acceptaUle S�mple submittals. �
(except as otl�erwise expressly provided in connection
with Substantial Completion), a. Submit nutnber of SampJes specified in the
Specifications. �
G.14 Safety Represe�itatil�e j
b. Clearly identify each Sample as to material, �
A, Contractor shall designate a quulified nnd Supplier, pertinet�t data such us catalog numbers, (
experieitced safety representAtive at tlie Site whose duties ihe use for which intended and other dafa as
and responsibilities shall be the preve�ition of accidents Engineer may reynire to enable Engineer to �
and thc maintaining and supervising of safety precautions review the submittal for the limited pu�poses
and progrants. required by Ptu•agcaph G.17.D, �
i
G.15 Hnzurd Com�rrur:icatiorr Programs B. Wl�ere a Shop Drawing or Sample is required i
by tlie Contract Documents or tl�e Schedule of Submittals
A. Contructor shall be responsible for coordi- , any related Work performed prior to Engineer's review
nating any exchange of material safety data sheets or and appcoval of tl�e pertinent submittal will be at the sole '
othar li�zard Communicaiion i�iformation x•equired to be expense and responsibility of Contraetor. I
made at�ailable to or exclianged between or among
employers at the Site in accordance with Laws rn• C. Submittal Procedures '
Regulations. �
1. Before submitting each ShoU Drawing or
6.16 Emer•gencies Sample, Contractor shall hava deterniined and verified:
A, lu emergenc[es affectiug the safety or protec- a, all field measm�emen�s, quantities, dirnensions, +
' tion of persons or the Work or property at the Sitc or specificd perfornia��ce nnd design criteria, (
adjaccnt thereto, Confractor is obligated to acf to prevent iustallation requn•ements, materials, catalog
threatened damage, injury or loss. Contractor shall give mmibers, and siiuilar inforniation with respect
Engineer prompt written uotice if Contracter believes that thereto; I
any significant changes in the Work or varir�tions fi•om the
Contract Documcnts have Ueen caused t]iereby or are b, the suitability of all materials with respect to
required as a result thereof. If Enguieer determines that a intended use, fabrication, shipping, handling,
cliinge in tlie Contracf Documents is required because of storTge, assembly, and installation pertaining to i
the action taken by Contractor in response to such a�i the perfoiviance of the Work;
emergency, a Work Change Directive or Cliange Order
will be issued, c. all information i•elative to Contracfor's
rasponsibilities for means, methods, tecluiiques, I
G.17 Shop Draivings and Sar��ples sequences, and procedures of constn�ction, and
safety precautious aiid programs incidenf thereto;
A. Contractor shall subntit Shop Drawings and nnd
Samples to Engineer fa• review aud appr��val in accor-
dance with the acceptable Schedule of Submittals {as d, shall also have reviewed and coordinated each
required by Paragrapl� 2.07}. �ach submiftal will bc Shop Drawing or Somple with other Shop
ic(entifi�d as Engiueer may require. Drawings and Sam�iles and with the �
requirements of tlie Work and the Conh•act
1. Shop Drflwings Documents.
a. Submit mm�ber of copies specified in the 2, Each submittal sliall bear a stamp or specific
General Requirements. written certification that Contractor has satisfied
Contractor's obligations under the Contract Documents
E3CDC C-700 Stanilard Gencral Conditions of the Canstructiou Cautrnct.
CopyrigLt �1002 Nntional Soclety of Professionel Tngineers for �JCDC. All righls reservcd. �
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�vith respect to Contractor's review And a��proval of that disagreements with Owner. No Work sha(I be delayed or
suU�ttittal, postponed pendi�ig ►•esolution of any disputes oi•
disagreements, except as permitted by Paragraph 15.04 or
3, With each submittal, Contractor shall give as Owner nnd Contractor ►nay othenvise agree in writing.
Engineer specific writteu notice of any variations, that the
, Shop Drawing or Sample may liave fi•om flie ►•equire�iients 6,19 Coniractor's Ge�reral Warranty and G:�nr�antee
of tlie Contcact Documents. This nntice shall be both a
writtcn communicntion separate from the Shop Drawing's A, Contractor wArcants and guaranfees to Owner
, or Svnple Submittal; and, in addition, by a specific that all Work will be in accordance with the Contract
notation made o�i each Shop Drawing or Sample submit- Documeuts and will �iot be defective. Engineei• and its
, ted to Engineer for review And approval of' each such Related Entities shall be entitled to rely on representation
variation, of Contrnctor's warrAnty aud guarantee,
D, Bngit�eer's Revietiv B, Contractor's warranty and guarantae
� here�mder excludes defects or damage caused by:
, I. Bugineer will provide timely r�sview of Sf�op
Drawings and Samples iu accordance wifi� the Schedide 1, abuse, modi�cation, or improper mainteuflnce
of 5ubmittals acceptnble to �ngineer. Eng,ineer's review or operation by persons other lhan Contractor, Sub-
! and approval will Ue only to detcrmine; if the items contractors, Suppliers, or any other individual or entity for
i covered by the stibmittals lvill, afler installation or whom Contractor is responsible; oa•
incorporation in the Work, conform to tjie information
given in the Conh�act Documents and be compatible witli 2, normal wear and tear i�ndar normat usage.
thc dcsig�� concept of the completed Project �s a
fimctioning whole as uidicated by the Conk•acl Docu C. Contractor's obligation to perform and
ments. complete the Work in accordance with the Contract
Documents shall be absoli�te. None of the following will
2. Engineer's review and approval will not constitute an acceptauce of Work that is not in accordance
exteud to means, mefhods, techniques, sequences, or with the Confract Documeuts or a release of Coutracto�°s
pc'ocedures of construction (except where a particular obligatio�i to perfonn tl�e Work in accordance with tl�e
meaus, method, technique, sequence, or procedure of con- Contract Documents:
struction is specifically and expressly called foi� by tUe
Contract Documents) or to safety precautions or programs 1. observafions by E�igineei•;
incident thereto, The review and approval of a sepflrate
item as such will not indicate approval of the assembly in 2. reconunendation by Engiueer or payment by
wliich the item functions. Owner of any progress oe final payment;
3. Engineer's review and approv�l shall not 3. the issuancc of a certificate of Substantial
relieve Contractor fi•om responsibility for any variation Conipletion by Engiueer or any payment ralated thereto
Crom the requiremei�ts of fhe Contract Documents tmless by Owner; I
Conti•actor has complied with the requirements of
Pflr�grlph 6.17.C.3 and Engineer has given written 4, use or occu�ancy of the Work or any part
approval of each such varintion by specific written thereof by Ownei;
notation ttiereof incorporated in or accompanying the
Shop Drawing or Sam�le. Engineer's review and approval 5, any review and approval of a Shop Drawing or
shall not relieve Confractor from res�onsibiliry for Sample snbmittal or tl�e issuauce of a notice of acceptabil-
complying with the requirements of Paragraph 6.17.C.1, ity by Engineer;
B. ResuGmittal Pr•ocedui•es 6. flny inspection, test, oi• approval by others; or
1. Contractor sha11 make con•ections required by 7. any con•ection of defective Work by Owner.
Engineer and shall rett�rn tlie required numbei• of cor-
rected copies of Shop Drawings aud submit, as required, 6.20 Irtde�nnrfrculio��
new Saniples for review and approval. Coniracfor shall
direct specific attention in writi��g to revisions other t}i1n A. To tl�e fullest extent permitted by Laws and
the corrections called for by Engitteer on previous Regulations, Contractor shell indemnify and l�old
subniittnls. harmless Owner �id Engineer, ai�d the officers, directors,
partners, employees, agents, consultants and
6,18 Continuing the F�ork subcontractors of each and any of them from aud against
all c]sims, costs, losses, aud damages (including but not
A, Contractor shall carry on the Work aiid adhere liuiited to all fees and charges of engineers, architects,
to tlie Progress 5chedule d�u•ing all disputes or attorneys, and other professionals and all conrt or
EJCDC C-700 Stpndnrd Gcnerxl Condltions of thc Canslrucfion Coutrnct.
Cop}•rlg[�t �02D02 Nnfioual Suclety ofProl'esslounl Cnglucers for �JCDC. All rightx rese�veJ,
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arbitration or other dispute resolution costsl arisi�ig out of shall appear oti all drawings, calculations, specifications,
or relating to the performnnce of the 'VUork, provided that certifications, Shop Drawings aud other submittals
�iiy such claim, cost, loss, or damage is attributable to prepared by such professionaL Sltop Drawings aud otl�er
bodily injwy, sicicness, disease, or death, or to injury to or submittals related to the Work desigued or certified by
destruction of tangible property (otlier tlian the Work such professional, if prepared by otliers, sl�all belr such
itsel�, iiicluding the loss of use resultiii� tlierefrom but profcssional's written approval when s�ibmitted to
only to the extent caused by any negligcnt act or omissiou Engineer.
of Caltractor, any Sttbcontracfor, any Supplier, or any
individual or entity directly or indirect(y employed by any C. Owner and Engineer shall be entitled to rely
of tl�em to perform a►ry of the Work or anyone for whose upon the adequacy, accuracy aud completeness of tha
�cts any of t1�em may bc liable . services, certifications or approvals perfoiTned by such
design professionals, provided Owuer and Engineer have
B. In any and all claims against Owner or specified to Contrnctor all perFo►•mnnce and design criteria
Engineer or any of their respective consultants, lgents, that such services must s�tisfy.
officec•s, directors, pai�h�ers, oc employees by a�iy e►nploy-
ce (or t}ie survivor o�• persotial representative of such D. Pin•suant to this Paragraph 6.21, Engineer's
employee) of Contractor, any Subcontractor, any review and approval of design calculations and design
Sup�>liei•, o►• any individual or eutity direcUy or ind'u•ectly drawings will bc only for the limited �urpose of cliecking
employed by any of them to perform any af fhe Work, or for coufonnance with perforniAnce and design criteria
anyone for wltose acts �ny of tliem mny be liable, tlie given and tlie design concept expressed in the Contract
indemnifcation oUligation imder Paragraph 6,20.A shall Documents. Bngicieer's review and approval of Shop
not be limited in any way by any limitatiou on the amoimt Drawings and otl�er submittafs (except design calculAtions
or type of damages, compensation, or benefits payable by aud design drawings) will be only for the purpose stated
or foi• Co�ifractor or any such Subcontr�ctor, Supplier, or in Paragrapl� 6.17.D.1. �
other individiial or entity undec• workcrs' compensation �
acts, disability benefit acts, or other employee beuefit E. Contractor shall not be respot�sible for the
acts. adequacy of the performance or design criferia required
by the Co��tract Documents.
C. The indemni�cation obligations of Coufractor
midei• Paragraph G ,20,A sl►all not extend to t(�e liability of
Engineer aud Ettgineer's officers, directors, parhiers, ARTICLE 7- OTHER WORK AT THE SITE
employees, agents, consultants and subcontractors nrisiug
out of: i
7.01 Related YYor•k at Site I
1, tlie prepacation or approval of, or the failure to
prepare or approve, maps, Drawings, opinions, reports, A. Owner may perform other work related to the
surveys, Change Orders, desigus, or Specificatious; or Project at the Site with Qwnei•'s employees, or via otlier
direct contracts therefor, or liave other work perforined Uy �
2. giviug directions or ii�structions, or failing to utility owners. If sucli olher work is not noted in die Con- �
give them, if that is the primaiy cause of the injury or tract Documents, then: I
damage.
1. written noticc thereof will be given to i
6.21 Delegution ofProfessiofaal Design Se�viees Contractor prior to starting any such other work; aud
A, Confractor will not be reqaired to provide 2, if Owner and Contractor are unable to agree (
professional desigii services unless such services are on entitlement to or on the amount or exlent, if any, of �
specifically required by the Contract Documenfs for a any adjustment i�i the Confract Price or Contract Times
po►�tion of the Work or untess such services are required that should be allowed as a result of such other wor[c, a
to carry out Co�itractoi•'s i•esponsibilities for coiistrucfion Claim may be made thei•efor as provided in Paragrapl�
means, methods, teclinic�ues, seGuences and pi•ocediires. 10.05. I
Contractor shall not be required to provide professional
services in violation of applicable law. B, Contractor sl�all afford each other contractor �
who is a party to sucli a direct contract, each utility owner
B, lf professioual design services or and Owner, if Otivner is performing other work witli ;
ceitifcations by a design professional related to systems, Owner's empIoyees, proper and safe access to the Site, a �
maferials or equipment are specifcally required ot reasoi�able opporhiiiity foi• the introduction and stoi•age of
Contr�ctor by tlie Contract Documents, O�vner and materiais end equipment nnd the execution of stich other
Engiueer will specify all performa�ice and design criteria work, aud shafl properly coordivate the Work with theirs. �
that such services must satisfy. Contracter shall cause Contractor shall do all cutting, fitting, and patching of the
such services or cei�tifications to be provided by a Work that may be reqtiired to propei•ly comiect or
properly licensed proPessional, �vhose signiture aud seal otherwise make its sever�l paits come together and i
�,TCDC C-700 Stenderd Genernl Conditlmis ol'Aie Coustructton Contrxct.
Copyright �02002 Nationnl Soc[efy ofProfesslonal �nglneers for rJCDC. All rfghts resen�ed.
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properly i�itegrate wifh such other work. Co�itractar sha(1 r1IZTTCLE 8- OWN�R'S RESPONSIBILITIES
not cndflngcr �ny work of others by cutting, excavating,
or otherwise altoriug their work and will only cut or alter
their work with ilie written conscnt of Engineer and the 8.O1 Commirnicalions to Coniractor
ofhers whose work will be effected. The duties and
responsibilities of Contractoi• under this Paragraph are for A, Except as ofheiwise provided in tfiese General
the bcnefit of such utifity owne�•s and other contractors to Conditions, Owner shall issue 11l co►nmunications to
Uie extent Uiat t6c�•e arc comp�rable provisions for the Contractor through Engineer.
benefit of Contractor in said direct contracts between
Owner and such utilify owners and other coutractors. 8,02 Replaceme�t[ of�ngrneer
C. Tf fhe proper execution or results of any part A, In case of termination of the emE�loyment of
of Contracfor's Work depends upon work performed by Ei�gineer, Owner sliall appoii�t An engineer to whom
others under this Aiticle 7, Contractor shall inspect such Contractor makes uo reasonable objection, whose stltus
other work and protnt�tly report to Engineer in writing auy under the ContrACt Documents sliflll be that of tlie for+ner
delays, defecfs, or deficiencies iu such other work that Engineer.
reuder it unavailable or uusuitable for the proper
executio�� and results of Co�itractor's Work. Contractor's 8.03 Fru•nish Dnta
failure to so report wilf constitute att acceptancc of stich
othcr work ns fit nnd ��roper for uitegrafion witli A, Owi�er shall promptly fin•nish the data
Contractor's Work excepf foi• late��t defects and required of Owner under tlie Contraci Docume�its.
deficiencies in sach otl�er wor[c.
8.04 Pay T3'hert Due
7.02 Coordinnlion
A. Owiier shall make payine�its to Confractor
A. If Owner inteiids to contract with others for when tliey are due as p►•ovided in Paragraphs 14.02.0 ai�d
the perfoi7naiice of other work on the Project at the Site, 14.07.C.
tl►e following �vill be set fo��th iu Supplementary Condi-
tions: 8.05 Lm�d,s a»d L'asements; Reports arid Tesls
1. ihe individual or entity wlio will have A. Owner's duties iii respect of providing lands
aitthority aud responsibility for coordination of the and aasements and providing engineering surveys to
activities among the various contractors will be identified; esteblish reference points Are set fartii in Paragraphs 4.01
and A.OS, Paragraph 4.02 refers to Owner's identifyiug .
2, the speci6c mariers to be covered by such and making available to Contractor copies of reports of
a�ithority and i•esponsibility will be itemized; and explorations and tasts of subsurface couditions and
drawings of physicl( conditions in or relaiing to existiug
3. the extent of sucli authority a�id i•esponsibili- surface or subsurface structures at or contiguous to tha
ties will be provided. Site that have been utilized by En�ineer iu preparing fhe
Contract Documents.
B. Unlcss othcrwise provided in the
Suppleme�itary Conditions, Owner shall I�ave sole � 8.OG Irtsurance
� anthority and respousibility for seich coordination.
A. Owner's eesponsibilities, if any, iu respect to
7.03 LegcrlRelationshrps purchasing and maintaining liability and properry insur-
ance are set foiKh in Article 5,
� A, Paragraphs 7.O1.A and 7.02 are not applicable
for utilities uot imder the control of Owner. 8.07 Change Orders
B, Each other direct contract of Owner under A. Owner is obligated to cxecutc Chuuge orders
� Paragraph 7.O1,A shall provide that the other cotitractor is as indicated in Peragraph 10.03.
liable to Owner and Contractor for the reasonable direet
delay and disruption costs incurred by Contractor as a 8,08 Inspectror�s, Tests, and�(pprovals
, result of the other contractor's actions or inactions.
A. Owner's responsibility in respect to certain
C. Cont�•nctor sh111 be liab(e to Owne�� a�id any inspections, tests, and approvals is set forth in Paragraph
other contractor for tlie reasonable direct delay and 13.03.B.
, disil�ption costs incurred by such other contracta• as a
resull of Coiitracto!•'s actio�i or inactions,
.
�.1CDC C-700 Stnudard Genernl Conditlons of tLe Constructlou Contrect.
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8.09 Linrilulions on Qwner's Respot�siGililies Owner inforn�ed of the progress of the Work and will i
endeavor to guard Owner againsl defective Work.
A. The Owner shall not supeivise, direct, or hnve
control or authority over, nor be responsible fa�, B. Engineer's visits anc( observations are subject �
Contractor's means, metliods, tecl�niques, sequenees, or to �11 the limitatious on Engineer's authority and i
procedures of construction, or tl�e safety pirecaulions and responsibility set forth iu Paragr��h 9.�9. Pa��ticularly, but
programs incident thereto, or for any failnre of Contractor witfiout limitation, during or as a result of Engineer's
to comply wiQi Laws and Regulations appiic�blc to the visits or observations of Contractor's Wo►•k Engineer will
pei•formance of tl�c Work. Owoer will not be responsible not supervisa, direct, control, or have authority over or be �
for Coutractor's failure to perform the 1�Vork in responsible for Coiitractor's me�uis, methods, techniques,
accordance witii the Contract Documents. sequences, or pi•ocedures of coustnictiou, or the safety
precautions auct programs incident thereto, or for any �
8.10 Undrsclosed Iluzcn•dous �Bnvironn�en(cr! failure of Contracfor to comply with Lnws and I
Condifion Regulations lpplicable to the perform�nce of the Work.
A. Owt�er's responsibility in respeet to an undls- 9.03 ProJect Represerttative
closed Hazardous Bnvironme�ital Condition is set forth in I
Paragraph 4.06. A, If Owuer and �ngiueer ngrce, Bngineer will
fiirnisii a Resident Project Rcpresentative to Assist j
8.1 ] Evidence ofFina»cial Arrangeme�tts Engiuccr in providing more extensive observation of the �
Work. The authoriry and responsibilities of any such I
A. If a�id to the extent Owner has agreed to Resident Project Representativa and assistants will be �s �
furnisli Contractor reasouable evidence tliat financial provided in the Supplementaiy Condilions, and
ar►•angen�ents have been made to satisfy Owner's limitatio�is on thc responsibilities thereof will be as '
obligations under ihe Coutcact Documcnts, Owuer's provided in Paragraph 9.09. If Owner designates another �
responsibility in respect thcreof will be as set fordi in the rcpresentative or agent to represeitt Owner at the Site who
Supplementary Conditions. is not Engineer's consulta�it, agent or employee, the �
responsibilities and authoi•ity and limitations thereon of i
such other iudividual or entity will be as pcovided in the
ARTICLE 9- ENGIN�ER'S STATUS DIJEtII�IG Supplemantaiy Conditions.
CONSTRUCTION
9.04 Attthorized Variations it� YYork i
9.41 Dtivner's Represe�ttalii>e A. Engineer may authorize minor variations in
the Work fi•om the requirements of the Contract
A, Engineer wiil be Owner's representative Documents wl�ich do not i�rvolve an adjustineut iu the I
during the construction period. The duties and responsi- Confract Price or tlie Cotitract T'vnes and are compatible
bilities and the limitations of attthority of Eugineer as with ihe design concept oF the completed ProjecE as a
Owner's representative during construction zre set fortl� functioning �vhole as indicated by the Contract Docu-
in tt�e Contract Docutuents and will not be chnnged ments. These may be accomplished by a Ficld Order and
without written consent of Owner a�id Eugiueec. will be Uuiding ou Owner aud also on Coittractor, who
shal( perform the Work uivolved promptly. If O�vner or
9,02 Yisits to Siie Contractor believes Ehat a Field Order justifies an
adjustment in thc Contract Price or Conlract Titnes, or �
A, Engineer will make visits to the Site at inter- botli, and the parties are unable to agree on entitlement to �
vals appropriate to tlie various stages of aonsfiliciion as or on the amount or extent, if any, of any such adjustment
Engineer deems necessary iu order to observe as an , a Claim m�y be made therefor as provided in Paragraph
experienced and qualified design profcssional tha 10.05, i
progress that t�as beeu mtide and the quality of the various �
aspects of Contractor's executed Worlc. Sased on 9.05 RejeclrngDefective Work
information obtained during such visits and obsetvations, �
��igineer, for the bene�it of Ownec•, will determine, in A. Engineer will have authority to reject Wo►•k •
general, if the Wa•k is proceeding in accordance with the which Engineer believes to be defective, or tliat �ngineer �
Contract Dootunents. F.ngineer will not be requv�ed to believes will not produce a completed Project that
make e�chaustive or eontimious inspections on the Site to conforms fo the Cont��act Documents or that will prejudice �
check the quality or qnantity of the Worlc Engineer's the integrity of tlie design concept of ihe completed
efforts will be directed toward providing for Owuer a Project as a fimctioning whole as indicated by the
greater degree of confidence tltat the completed Work will Contract Doctunents. Engineer will also have anthoriry to
conform generally to the Contract Docun�ents. On tfie require special inspection or tesfing of the Work as I
basis of stich visits �nd observations, Engineer will keap provided in Paragrapfi 13.04, tivltethea• or �iot tliz Work is
fabricated, itistalled, or completeci.
�JCDC C-700 5tnndard Gcneral Conditions of tLe Constivetion Conlrnet.
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�
partiality to Owner oi• Contractor and wi[l not be liable in
9.OG Shop Dra�ving.s, Change Oi•rlers a;vd Ppynrents connection with any interpretation or decision rendered in
good faith in such capacity.
A. In connection with Gngineer's authority, and
limitatlons thereof, as to Shop Drawings and Samples, see 9.09 Li�nita[ions on Enginee��'s Authorify nnd
Par�grap}► G 17. Xespo�rsiGililles
B. In connectiou with Bngineer's authority, aud A. Neither Engineer's authority or responsibility
limitations thereof, as to design calculations and desigi� undcr this Article 9 or under any other provision of the
drawings sabmitted in response fo a delegation of Contract Documents nor any decision inade by Engineer
professional desigu seivices, if any, see Paragrnph 6.21. in good faith either to exercise or not exercise such
authority or responsibility or the undert�king, exercise, or
C. In conneclion with Engineer's authority 1s to performanee of any authority or responsibIlity by
Change Orders, see Articles 10, I i, and 12. �ngineer sl�all create, impose, or give rise to any duty in
' contract, tort, or otheiwise owed by Engineer to
D. Zn cotmection with Engiueer's authority as to Contractor, any Subcontractor, auy Supplier, any other
Applications for Payment, see Article 14. individuzl or entity, or to auy surety for or employee or
agent of any of them,
� 9.07 DeternJi��altojts for Unit Price Work
' B. Engineer will not supe�vise, direcf, control, or
A. Engineer will determine the actull qttlntities have autltority over or Ue responsible for Contractor's
and classifications of Unit Price Work performed by means, mefhods, teclwi�ues, sequences, o�• procedures of
Contractor. Engineer will review �vith Contractor Clie construction, or the safety precautions and progcams I
Eugineer's preliminaiy determinafions on such mltteis incideut thereto, or for any failure of ConU•actor to I
before renderuig a written decision tl�ereon (by comply witli Laws and Regulations applicable to the
recommendatio�t of au Applicatio�i fot• Payment or performance of the Work, Engineer will not be respon-
otl�erwise). Engitteer's �vritten decision thereon will be sible for Contractor's failure to perfortn the Work in
final �nd biuding (except as modified by Engineer to accordance with the Contract Documents, I
reflecl changed factual conditions or more accurnte data)
upon Otivner and Contractor, subject to the pf•ovisions of C. E�iginecr will not be responsible for the acts
Paragrapli 10.05. or omissions of Contrnctor or of a�ry Subcontractor, aiiy �
Supplier, or of any other individual or entity perforniing
9.08 De�isiars on Reguirerne�7Ls of Cat4•act any of the Work.
, Uocumenfs and Acceptability of YYork i
D. Engineer's review of the final Application for
A. Engiueer will be the iiutial interpreter of the Payment and accompanying documentation and all
requirements of the Contract Documents and judge of the maintenance and operating insri�uctions, schedules,
acceptability of the Work thereun8ei•, t1U matters iu guarantees, bouds, certificates of inspection, tests and
question and other ivatters between Owner and Contractor approvals, aud of{ier documentation required to be
arising prior to the date final payment is due rellting to delivered (�y Paragraph 14.Q7.A wilI only be to determine
Uie �cceptability of die Wo�•k, and the interpretation of Ilic generally that their content complies with the requii•e-
rec�uirements of the Contract Documents pe;rtauiing to the ments of, and in the case of' certificaces of inspections,
performance of tlie Woi•lc, will be refen•ed initially to tests, ancl approvals that the resuits ceitified indicate �
F.,ngineer in writing within 30 days of the event giving rise compliance with the Contract Docwnents.
to the question �
E. The lunitations upan authority and responsi•
B. Engineer will, with reasonable promptness, bility set fo��th in this P�ragraph 9,09 sfiall also apply to,
render a written decisio�� o�i the issue refe�•red. If Owner thc Resident Project Representative, if any, and assistants,
or Coiitractor believe that any suc(� decision entitles tl�em if any.
to au adjustment in the Contract Price or Contract Timas
or both, a Claim may be made under Paragraph 10.05.
Thc date of Engineec's decision shall be the date of the ARTICLE 10 - CHANGES IN 1'F3� 1�'ORK; CLAIMS
event giving rise to the iss�ies referenoed for the purposes !
of Paragraph 10.05.B.
10.01 �luthorized Chcrnges in the Wof�k
I C. �ngineer's written decision on tl�e isstte
referred will be final and binding o�u Owner And A. Without invalidating the Coiitract and witliout
Contractor, subject to tlie provisions of Pai•�graph 10.05. notice to any surety, Owner may, at any time or from time
to time, order additions, deletions, or revisions in the
D, When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive.
under this Paragraph 9.08, Engineer will not shor,v Upon receipt of' any sttch docut�ient, Contractor shall
�JCDC C-700 Stn¢tlnrd Cencrpl Conditlons of the Consti•�retian Covtrnet.
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I
promptly proceed with the Work involved wttich will be 10.05 Clain�s
performed under the applicable conditions ��f the Contract I
Documeiits (axoept as ofherrvise spccificall;y pi•ovided). A. ��gineer's Decisron Reguit•ed; AII Claims,
except those waived pursuant to Paragraph 14,09, shall be
B. If Owner and Contractor are unable to agree referred to the Enginecr for decision. A decision Uy I
on entitlemeiit to, or on the acnouirt or extent, if flny, of an Engit�eer shall Ue rcquircd as a condition pi•ecedent to any
adjustment in the Conh�act Price or Confract Times, or exercise by Owner or Contractor of any rights or remedies
botli, that should be aliowed Hs a result of a Work Change either may otherrvise h�ve utider fhe Contract Docu�rieuts
Directive, a Claim may be made therefo►• as provided iu or by Laws and Regulatio�is in respect of sucli Claims. I
Paragraph 10.05.
B. Nolice: Written notice st�ting the general
10.02 Unatrlhor•izea' Cha�rges !ta the 13�ori� nature of e�ch Claim, shall be delivered by thc claimant to
Enginccr and tlie other parry to tlie Coniract promptly (but I
A.Contractor shall not be entitled ro an incre�sc iu no eveut later than 30 days) after the sta�t of the event
in the Contract Price or au extc»sion of the Contract giving rise thereto. The responsibility to substanfilte a
Times with respect to any work perfortned that is not Claim shafl rest with the par[y making ttie Claim. Notice
required by the Contract Docwnents as amended, of the amowit or extent of the Claim, with supporting data
moditied, or supplemented as provided in Par�grapli 3.04, sl�nll be delivered to the Engiiieer and the other parry to
except in tho case of �n emergency zs provided in the Contract within 60 days after the stait of such event i
Paragraph 6,16 or in tlie cnse nf uncovering Wa�k as (unless ����ineer allows additional time for claimant to �
provided iu P�rngraph 13.04.B, submit additianal or more acctuate data in support of such I
Claim). A Claim for au adjustment in Contr•act Price sl�all
10.03 Execxiinn of Change Ordei�s be prepered in accordauce with the provisions of
Paragraph 12.01.B. A Claim for an adjustment in Contract '
A. Owner 1ud ConU•actor shall execute appropri- Time sl�all be prepared in accordance with the provisions I
ate Cltange Orders recommevded by Engineer covering: of Pflragraph 12.02.B, Each Claim shall be accompanied
by claimant's written statement ihat ihe adjustment �
1. chaz�ges in the Work which are: (i) ordcred by claimed is the entire adjustmettt to wluch tha claimant �
Owner pursuaut to Par�graph 10.O1.A, (ii) required believes it is entitled as a resulf of said event. The
becausa of accepfa�ice of defective Work under Paragraph opposing parry shall submit any response to Engineer end
13.U8.A or Owuer's con•ection of defective Wark under the claimant within 30 days after receipt of ti�e claimant's �
Paragraph t 3.09, or (iii) agreed to by the par�ies; last submittal (unless Engineer allows additional time). i
2, cl�auges iu the Contract Price or Contract C. Engineer's Action; Engineer will review each �
Times which are agreed to by fhe parties, iuchidiug any Claim and, witf�iu 30 dnys a8er receipt of the last �
undisputed sum or amount of time for `1Jork actually submittal of the claitnant or fhe last submittal of the I
performed in accordnnce with a Work Cl�ange Directive; opposing pariy, if any, fake one of the following actions
and in wri4ing:
3. ch��ges in tlie Contrt�cE Pricp ox• Contract 1. deny the Claiin in wliole or in p�rt, I
Times which embody the substance of any writteti
decision rendered by Engineer pursnaiit to Paragraph 2, approve the Claim, or
10,05; provided d�at, in liau of executing any such {
Change Order, an appeal may be takeu fi•o►n any such 3. riotify tlie pat�ties thAt the Engineer is unable to �
decision in accordv�ce witl� the provisions of the Contract resolve the Claiui if, in the �ngineer's sole discrefion, it
Documents and applic�ble Laws and Regulations, but would be inappropriate for the Engiizeer to do so. For �
ducing any such appeal, Contractor shall cany ou tl�e purposes of fui�ther resolution of the Claim, such notice
Work and adhere to the Progress Schedule as provided in shall be deemed a denial. �
Paragrapli 6.18.A. �
D. I�i the event tl�at Engineec does not take action �
10.04 Nolificalion to Strr�ely on a Claini within said 30 days, the Claim shall be �
deemed denied. �
A. If notice of any change affecting the general �
scope of the Work or the provisions of the Contract E. Engineer's written action tutder Pnrageaph ,
Documents (iucluding but not limited fo, Contrflct Price 10,O5,C or denial pursuuu to Paragraphs 10.05.C.3 or �
or ContrACt Times) is required by the provisious of any 10.O5.D will be final and binding upon Owner and �
bond to be given to a surety, the giving of aiiy such notice Contractor, unless Owner or Contractor invoko the '
will be Coniractor's responsibility. The amount of each dispute resolution procedure set forth in Article I6 within �
applicable bond will be adjusted to reflect the effect of 30 days of sucfi actioti or denial.
any such change.
I
�JCDC G700 StAnd�ird General Coudilious of t�e Consfrucfton Contract. �
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F. No Claim for an adjustment i�i Contract Price Contractor aud shail deliver such bids to Owner, wlio will
or Contract Times will be valid if not suUmitted in then determine, witl� the advice of Engineer, which bids,
accordance witli tl�is ParagrapL Ia.05, if any, will Ue acceptable. If any subcontract provides that
t}ie Subcontractor is to be paid ott the basis of Cost of the
.,
Work plus a fee, the Subeoniractoi s Cost of the Wa�[c
ARTICLE I1 - COST OF TI-IE WORK; and fee sha(l be determined in the same maitncr as
ALLOWANCES; UNIT PRICE WORK Contracta•'s Cost of tlie Work and fee as provided in ihis
Paragraph 11.01,
11.01 Ca,si of lhe Work 4. Costs of special consultants (including but not
limited to Engineers, architects, testiiig laboratories,
A. Cosls Inclrided.• 'fhe term Cost of thc Work su�veyas, attorneys, and accounfants} employed for
means the sum of all costs, except those excluded in services specifically related to the Worlc.
P�ragr�ph 11.O1.B, necessai•ily incurred and paid by
Contractor in ihe proper pei•formance of the Work. Vdhen 5. Supplemental costs includL�g the following:
the vatue of aiiy Work covered by � Chauge Order or
when a Claim for an adjustment in Contract 1'rice is a. The proportion of necessary h•ansportation,
determined on the basis of Cosf of the Work, the costs to travel, and subsistence expenses of Contractor's
' be reimbursed to Contractor will be o�ily those Additiotial employees incun•ed in dischArge of duties
' or iucremental costs required because of tl�e change in the co�uiected with the Work,
Work or because of il�e event giving rise to the Claim.
Bxcept as ot(ierwise may be agreed to in writing by b. C.ost, including transportation and mainte- I
Owne�•, such costs shall be in amounts nn higher than nance, of all materiais, supp(ies, equipment,
tl�osc prevailing �n tite locality oftiie Projecf, shall include machineiy, appliances, office, �nd temporaiy
only ftie following itcros, and shall not include any of the facilities at tl�e Sitc, and hand toois not owned by
, costs itemized in Paragraph 11.O1.B, the workers, whicl� are consumed in the perfor-
mance of the Work, and cost, less market value,
1. Payroll costs for employees 'vi the direct of such items used but not consumed which
employ of Co�itractor in the performance of the Work remain the propc�ty of Contractor.
nnder sciiedules of job classifications agreed upon by
, Owner and Contractor. Sucli employees shall include, c. Rentais of all constructiou equipnient and !
�vithoirt [imitation, superintendents, forentcu, and otl�er machinery, And the parts thereof whether rented
personnel employed full time at the Site. Payroll costs for from Contractor or others in accordAnce with
employees not employed fu(1 fime on the Work shall be rental agreements approved by Owner with the
apportioned on the basis of iheir tiine spent on the Work, advice of Engineer, and the costs of
Payroll costs shall include, but not be limited to, sala�•ies tra�isportafion, loadinb, unloading, assembly,
and wages plus the cost of £ringe benefits, which shall dismantling, and re�n�val thereof. All such costs
include social secw•ity contributious, wiernploymeiit, shall Ue in accordance with the terms of said
excise, and plyroll t�xes, workers' compensation, hea(th rental agreemeuts. 'IY�e rental of a�iy such equip-
aud retirement benefits, boimses, sick leave, vacntion ai�d meut, macl�inezy, or parts shall cease when the
holiday pay applicable tliereto. Tl�e e;cpenses of use thereof is no longer necessary for the Work.
perfonning Work outside of regnlar �vorking hours, on
� Saturday, Suuday, or legal holidays, sliall be included in d. Sales, consimler, use, and other similar taxes
the above to the extent nuthorized by Owner. related to the Work, and for which Contractor is
liable, imposed by Laws and Regulations.
2, Cost of all materials and equipment fin•nished i
and incorporated ia tlie Work, ineludir�g eosts of e. Deposits lost for causes other than negligenee �
trausportation and storage thereof, and Suppliers' field of Contractor, any Subcontractor, or auyone (
se�vices requu�ed in connectioii tlterewith. All cash directly or indirectly employed by any of them or t
�, discotmts sliall accnie to Contractoi• unless Ovmer for whose acts any of them may be liable, and I
deposits funds �vith ConU•actor with which to make pay- royalty paymei�ts and fees for peimits and i
ments, in which case the c�sh discounts shafl accnie lo ]icenses.
; Owner. Ali trade discounts, rebates �vid refunds and
� returns fi•om sale of sucplus matcrials and equipment shnll f. Losses and damages (and related expenses)
acciva to Owner, And Contractor shall make provisions so caused hy damage to the Work, not coznpensated
thatthey may be obtained, by iasurance or otherwise, sustaiued by
Contractor in coiuiection �vith the perfurmance
' 3. Paymeuts made by Confractor to of the Work (except losses and damflges within
Subcontractors for Work perforrned by Subcontractors. If the deductible amounts of ��roperty insurance
required by Owner, Contractor sha[l obtain competitive established in accordance with Paragraph
' bids from subcontractors acceptable to Owner and 5.06.D), provided such losses aud damages i�ave
� �JCDC C-700 Slevdard Gcnerel Condifions of the Consh�uetion Cnntract
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resuhed from causes other th�n the neglige�ice of be determu�ed as set forth iu the Agreement. When the �
Contractor, �uiy Subcontractor, or anyone value of any Work covered by a Chauge Order or when a I
directly or indirectiy employed by any of them or Claim for an adjustment in Contract Price is determiued
for whose acts any of them may be liable. Such on the basis of Cost of the Work, Contractor's fec shall be I
losses shall include settiemeuts made with the determined as set forth in Paragraph 12.O1.C, I
written consent a�id �pproval of Owner. No such
losses, damages, xnd expenses shalf Ue included D. Docw�renta�lon: Whenever the Cost of ihe I
in the Cost of the Work for the purpose of Work for any purposc is to be detei7nlned pursuant to
determiniug Contractor's fee. Paragraphs 11,O1.A aucl 1 LO1.B, Confractor will esfablish i
and maintaiu records tl�ereof in accordance with generally
g, The cosl of utilities, fiiel, and sanitaiy accepted accoimting practices and submit in a fonn
facilifies at the Site, acceptablc to Engineer nn itemized cost breakdoK�n �
together witli supporting data. �
h. Minor expenses such As telegrams, long
distat�ce telepl�one calls, telep{ione service at the 11.02 �lllo�va�tces �
Site, expresses, and similar petty cash items in �
connection with tlie Worlc A, It is understood that Contractor has included
in the Cont�•act Price all allowances so named in the
i, '1'lie costs of preuiiuu�s for all bonds and Contract Documents and shall cause the Work so covered �
it�sw•auce Confractor is requu•ed by the Contract to be performed for such sums and by such persons or
Doctiments to ptu'chase and maintain, etitities as may be acceptable to Owner �nd Ei�gineer. �
Ii. Costs �rcluded: The term Cost of the Work B. CashAllotivances
sl�all not include auy of the following items:
1. Cot�trlctor agrees that:
1. Payroll costs �nd other compensation of
Contractor's officers, executives, principals (of a, the cash allowances include the cost to
partnersliips and sole proprietorships), general managers, Contractor (less any applicable U•ade discounts) �
safely managers, engineers, architects, estimators, attor- of materials �nd equipment required by the I
neys, auditors, accounta�its, purchasing and contracting allowances to be delivered at the Site, aud all �
ngcnts, expediters, timekeepers, clerks, and other applicable taxes; and
pecsonnel employcd by Contractor, wl�ether at the Site or
in Contractor's principal or branch o�ce for general b. Contractor's costs for unloading and handling
�dministration of the Work a��d not specifically included on the Site, labor, installation , overhesd, proft,
in the agreed upon schedule of job classifications referred and other expenses contemplated for the cash i
to in ParAgi•aph 11.O1.A,1 or specifically covered by allowances have been included in the Confract i
Paragraph I 1.OI.A.4, all of wliich are to be considered Price a��d not in the allowances, and no demand
administradve costs covered by tl�e Contractor's fee. for additio�iat �aymeiit ou account of any of tlie I
foregoing will be valid.
2. �xpenses of Contractor's principal and branch
offices other than Contractor's office at the Site, C, Contingency Allowance
t
3. Auy part of Contractor's capital expenses, 1. Coutractor agrees tl�at a contingency i
includiug interest oii Conhac4or's capital employed for allowance, if atty, is for tt�e sole use of Owiier to covcr �
the Work and charges against Contractor for delinqnent un�nticipated costs.
payments.
D. Prior ta final paymant, an appropriate Change
4, Costs due to the negligence of Contractor, any Order will be issued as recommended by Engineer to �
Subcontractor, or anyone directly or indirectly employed reElect actual a�nounts due Coutractor on account of Work �
by any of them or for �vl�ose acts any of itiem may be covered Uy allowances, and the Contract Price sl�atl be
IiaUle, including but not limited to, the coirection of coii•espondingly adjusted, !
defective Work, disposal of materials or equipmeut �
wrongly supplied, and making good any damage to 11.03 Unit Price Work !
propeity. '
A. Where the Contract Documents provide that �
5. Other overhead or general expanse costs of all or pai•t of the Work is to be Unit Price Work, initially I
atty kind and the costs of any item not speci�cally and the Contract Price will be deemed to include for all Unif
expressly inclttded in Paragraphs 11.O1,A and 11.01.B. Price Work an amount equal to the sum of tlte imit price .
for each separately identified item of. Unit Price VJork . I
C. Cortlrnclor's F'ee: When all the �Vork is times the estimated quantity of each item as iudicated in
perforn�ed on the basis of cost-plus, Contractor's fee shall the Agreemeut. ,
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allowance for overhead a�id profit IlOt necessarily in
B. The estimated quantities of items of Unit accordance with Paragraph 12,OI.C.2); or
Pi•ice Work are not guarviteed a►id nre solely for the
purpose of comparison of Bids and determining an initial 3, where tl�e Work involved is not covered by
' Contract Price. Detemiinations of the actual quantilies unit prices contained in fhe Coutr�ct Documents and
and classiFcations of Unit Price Work performed by flgreetnent to a lump sutn is not ecached under Pai�agr�ph
� CaitrACtor will be m�de by Engiveer subject to the 12.O1.B.2, on the basis of the Cost of the Work
. provisions of Paragrapl� 9.07. (determined as provided in Paragr�ph 11.01) plus a
Contractor's fee for overhead and profit (detei�nined as
C, Each unit price will Ue deemed to include au provided in Pa�•agraph 12.OI.C).
amowit considered Uy Contracfor to be adequate to cover
Contractor's overha�d and profit for each separately C. Coj�traclor s Fee: The Contractor's fee for
identified item. overhead and profit shall be deter ns follows:
D. Ownci• or Contractor may melce a Claim for 1. � mutually �cceptable fixed fee; or
an adjustment in the Contract Price in accordance with
Paragraph 10,05 if: 2. if a fixed fee is not agreed upoi�, tlien a fee
based on tlie following percentages nf the various portions
1. tl�e yuantity of aiiy item af Unit Price Woi•k of the Cost of tk►e Work:
performed by Contracfor differs materially and signifi-
cautly from the estimuted quautity of snch item indicated a, for costs incurred under Parxgraphs 11A1.A.1
' in tl�e Agreement; aud and 11.O1.A.2, the Conh•actor's fee shall be 15
percent;
2. there is no corresponding adjusUnent with
respect ai�y other item of Work; and b. for costs incucred undcr Paragrapii I],O1.A.3,
t}►e Contractor's fee shall be five percent;
3. Co»tractoi• Uelieves that Contractor is entitled
to an increase in Contract Price us a result of having c. where one or more tiers ofsubcontracts are on
incurred additional expense or Owner believes ttiat Owuer tl�e basis of Cost of ttte Work plus a fee and no 4
is entitled to a decrease in Contract Price and the parties �xed fee is agreed upon, thc intcnt of P�ragraph �
are unable to agree as to tlie amount of any siich increase ]2.OI.C.2.a is tliat the Subcontractor who
or deci•ease. actually performs the Work, at whatever tier, wilf �
be p�id a fee of 15 percent of the costs incurred
by such Subconiractor under Paragraphs
ARTTCLE 12 - CHANGE OF CONTRACT PRTCE; 11,O1.A,1 and 11.O1,A.2 and that any hi�her tier
CHANGE OF CONTRACT TT�'v1BS 3ubcontractor and Conh•actor �i-ill each be paid a
fee of five percent of the amount paid to the next
lower tier Subcontractor;
12.01 Change of ConU•act Price
d. no fee sliall be payable ai tlie basis of costs
A. Tlie Contract Price may only be cl�anged by a itemized under Paragraphs 11.O1.A.4, 11.O1.A.5,
Change Order, Any Claim for an adjustment iu the aiid 11.O1.B;
Contract Price shall be based on writfen notice submitted
by the party making die Claim to the Engineer and tho e. the amount of credit fo be allowed by
other party to the Contract in accordance with the Contractor fo Owner for a��y change which �
provisionsofParag�•aph10.05, �'esults in n net decrease in cost will be the !
amount of the actual net dccrcasc in cost plus a
B. The value of any Worlc covered Uy a Change deduction in Contractor's fee by an amouut equal
Order or of any Claim for an adjustment in tl�e Coni►•act to five percent of such net decrease; and
Price will be determined as follows:
f. when both additions and credi[s are iuvolved
I. w6ere tfte Work involved is covered Uy uuit in any one change, the adjustment in
prices contained in the Conh•act Documents, by applica- Confractor's fee shall be compiited on the basis
tion of such unit prices to tlie quantities of the items of the net change in accoi•dance with Paragraphs
involved (subject to the provisions of Paragraph 11.03); 12.O1.C.2,a through 12.O1.C,2.e, inclusive.
or
12,02 Chrrnge of Contract Times
2. where t(ie Work involved is not covered by
unil prices contained in the Coutract Documents, by a A. The Contract '1'imes may only be changed by
mutually agreed lump SLIIIl (which may include an a Cha�ige Order•. Any Claim for an adjustmeiit in the
Contract Times shall be based on written »otica submitted
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00706 - 32
by Ehe party making the Claim to fhe �ugineer and the �
other party to the Contract in accordance wifh tl�e
provisions of Paragraph 10.05. ARTICLE 13 - TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OT
B, Any adjustment of the Contract Times DEFECTIVE WORK
covered by a Change Order or a��y Claint for au
--
adjusiment in the Coirtract Times will be determined 'ui
accordauce widi the provisious ofthis Ariicle 12. 13A1 Nolice ofDefects
12.03 Delays A. Prompt notice of all de£ective Work of which
Owner or Engineer hAS actual laiowledge wi[I be given to
A. Where Contractor is prevented from Contractor. All cfefectivc Work may be rejectecl,
completiug any part of the Work witl�in the Contrflct corrected, or accepted as provided in this Article 13.
Times due to delay bcyond the control of Contractor, the
Conirzct Times will be extended in an amount equal to 13,02 Access to I�a�k �
tlie time lost due io sucli delay if a Claim is made therefor �
as provided in Paragraph 12.02,A, Delays beyond the A. Owner, Engineer, their consultants and other I
controI of Coutractor shall include, but not be limited to, represeutatives and personnel of Owner, independent
acts or neglect by Owuer, acts or neglect of utility owi�ers testing laboratories, and governmeutal agencies with I
or otlier contractas per£orming other work as contemplat- jurisdictionfll interests will have access to the Site and ihe
ed by Article 7, fires, floods, epidemics, abnorntal Work at reasouabla times for their observation, I
weather conditions, or acts of God. inspecting, aud testing. Contractor shall provide them
proper �nd safe caiditions for such access and advise
B. If Owner, �ngineer, or ollier contractors or them of Contractor's Site safety procediires and programs
utilify owners pei•forming other work for Uwner as so ihat they may comply therewitlt ns lpplicable, I
contemplated by Article 7, or anyone for whan Ownei• is I
responsible, delays, disrupts, or intei•feres witft tl�e 13.03 'lesls ancllnspections
performance or progress of Uie Work, then Contractor I
shal( be entit(ed to an equitabie adfiistment iu the Conhact A, Contractor shall give Eugineer timely notice
Price or the Contract Times , or both. Contractor's of readiness of the Work for all requirect iuspectioits, i
entitlement to an adjustment of the Contract Tlines is tests, or approvals and shall cooperate with inspectiot► and
couditioned ou sucf� adjusfiuent beiug essential to testing personnel to facilitate required inspections or tests. I
Contractoi°s ability to complete tlie Work wikhin the
Contract'1'imes. B. Owner shall employ �nd pay for the services I
of an independent testing laborato�y to perform all (
C If ContrACtor is delayed in the pei•formKnce or inspections, tests, or approvals raquired by the Contract (
progress of tlie Work by fire, flood, epidemic, abnoi�nal Documents except;
weather conditions, acts of God, acts or failures to act of �
utility owners not uuder the control of Owner, or other 1, for iuspectious, tests, or approvals covered by
causes not the fault of and beyond control of Owner and Paragraphs 13,03.0 and 13.03.D below; �
Contracior, tlien Contractor sliall be eiititled to an
equitable adjushnent in Contract Times, if such 2. that costs incurred in cont�ection with tests or i
adjiistment is essential to Contractor's ability to complete inspections conducted pursuant to Yaragraph 13.04.B
the Work within tl►e Contrnct Tin�es. Sucli an adjustment shall be paid as provided in said Paragraph ]3.04.C; and I
shall be Cotitractoc's sole and exclusive remedy for the
delays desci•ibed in this Paragraph 12.03.C. 3. as otlierwise specifically provided in the Co�ti- '
tract Documents.
D, Owner, &igiueer and the Related Entities of
each of tliem shall not be liable to Contractor for any C. If Laws or Regulalions of any public body
claims, costs, losses, or damages (including but not having jurisdictiou require any Work (or nart thereo� ,
limited to all fees and charges of Engitteers, architects, specifically to be inspected, tested, or approved by an ,
attorneys, and other professionals and all court or employee or other representative of such public body, I
arbitratiott or other dispute resoArtion costs) sustained by Contractor shall assume fiil[ responsibility for arranging �
Contractor on or in connection witEt any other project or and obtaining such inspections, tests, or approvals, pay aIl
anticipated project. costs in connectioii thei•ewith, and fiirnisli Engineer the I
required certificates of inspection or approval.
E. Contractor sh�ll not be entitled to an
adjustment in Cont�•act Price or Contract Times for delays D. Contractor sl�al( be responsible for arranging
withiti tlte confrol of Contractor. Delays attributable to aud obtaining and sha(1 �ay all costs iu connection with � I
and within the coutrol of a Subcontractor or Supplier shall any inspections, tests, or approvats required for Owner's
be deemed to be delays withit� tl�e conh•ol of Contractor, znd Engineer's acceptauce of n�aterials or equipuient to
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be incocporated in the Work; or �cceptance of materials, A, If tlie Worlc is defective, or Conh•acfor fails to
mix designs, or equipment su�mitted for approval prior to supply sufficient ski(led warkers or suitable matarials or
Coutractor's purchase thereof for incorporntion in lhe equipment, or faiis to perPorm tl�e Work in such a way
Work. Sucl� inspections, tests, or apprc�vals shall be that the couipleted Work �vill confonn to the Contract
performed by orgauizations acceptable to Owner and Doctmients, Owner tuay order Contractor to stop fhe
�ngineer, Work, or any portion thereof, until the cause fa• such
ordcr has been eliminated; I�owever, this right of Owner
E. If aziy Work (or tlie work of otl�ers) tliat is to to stop thc Work shall nof give rise to any duty on tlie part
be inspected, fested, or approved is covered Uy Contractor of Owner to exercise this righE for the bene�t of
without written concurrence of Engineer, it must, if Contractor, any Subcoutractor, any Supplier, any other
requcstcd by E�xgineer, be wicovcred for obseivation, uidividual or entity, or any surety for, or employee or
Tgenf of auy oE them,
F. Uucovering Work as provided iu Paragraph
13.03.F sl�afl be at Contractor's expense unless 13.06 Cor•rection vrRemoi�al ofDefective Work
Coutractor h�s given Engineer timely notice of
Contractor's intention to cover the same and Engineer has A. Promptly after receipt of notice, Contracta•
not acted with reasonable promptness in response to such shall correct all defective Work, whetf�er a• not
notice. fabricated, installed, or completed, or, if the Work lias
been rejected by �ngineer, remove it fi•om the Project and
13.04 Uncovering 13'ork replace it with Work tftat is not defective. Conh•actor shalt
pay all claims, eosts, losses, and damages (including but
A. Tf �ny Work is covered contrary to the written uof limited to al[ fees and charges of engineers, archifects,
request of Engineer, il must, if requested by En�ineec•, be attoineys, and other prafessionals and all cow•t or
uncovered for Eugiueer's observation and replaced at arbitration or other dispute resohrtion costs) arising out of
Co�itractor's expense. or rel�tin� to sucti correction or i•emoval {including bul
not limited to all costs of repair or replacement of wortc of
B. If �ngineer considecs it necessnry or advisabla others).
that covered �Vork be observed by Engineer or i�ispected
or tested by others, Contractor, �t Engine�r's request, B. Wheu correcfing defective Work under dte �
sliall u�icover, expose, or otherwise make available for ternis of this Pa�egrnpl� 13.06 or Paragraph 13.07, �
observation, inspection, or testing as Engineer may Contractor shall take no action that would void or �
rec�uire, that portion of the Work in Guestion, fiirnishing otherwise impair Owner's special warrauty and guaruitee,
all necessaiy labor, material, and equipment. if any, on said Work.
C, If it is foui�d that the uncovered Work is 13,07 Cor•rection Period
defective, Contt�actor shall pay all claims, costs, losses,
and d�mzges (including but not limited to all fees and A. If within one year afler the date of Substantial
charges of engincers, architects, attorneys, xnd othei• Com��letion (or such longer pe��iod of ti�ve as may be �
professionals and all court or arbitration or other dispute prescribed by the tenns of any applicab[e special
resolution costs) arising out of or relatuig to such guai•�ntec i•cquired by t]�e Contract Documents) or by a�iy �
uncovering, exposure, observation, inspection, and specifio provision of fhe Contract Documents, any Work I
testing, and of satisfactory replacement or reconsU•uction is found to be defective, or if the repair of any damages to
(iucluding but uot limited to all costs of repair or the land or areas made available for Contractor's use by
replacement of work of others); az�d Owner shall be Owner or pe►roiitted by Laws and Regulations as
entitled to an appropriate decrease in the Contract Price. If contemplated in Pa�•agraph 6.11.A is found to be
the pa►�ties are unaUle to agree as to the amowlt thereof, defective, Contractor shall promptly, «�ithout cost to
Owner may make a Claim therefor as providad in Owner and in accordance with Owner's written �
Par�gr�ph 10.05. 'v�siructions; i
D. If, ttie uncovered Work is not found to be l, repan• such defective land or areas; or �
defective, Contractor sl�all be allowed nn increase in the
Contract Price or an extensiou of the ConU�act Times, or 2. coirect such clefective Wor[c; or
both, directly attributable to such uncovering, exposure,
obseivation, inspection, testuig, replacemeut, and 3, if the defective Work has been rejected by
reconstruccion, If the pa��ties are unable to agree as to the Ow��er, remove it fi•om the Project and replace it with �
amount or exte��t thereof, Contractor may make a Claim Work that is not defective, and
thereFor as provided iu Pa�•agraph 10,05,
4. sntisfactorily correct or repair or remove and
13.05 Oivner A�ay Stop the Work replace any damage to other Work, to the worlc of others
a• other land or areas resulting therefrom.
LJCllC C-700 Stnndnr� Genernl Conditions of We Conslructlun Contrnct.
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B, If Contractor does not promptly comply with ] 3.09 Osvner May Cor��ect Defective �3'ark �
the terms of Owiier's written instructious, ar in an I
emcrgency whe►•e delay would cause serious ristc of loss A. If Contractor fails wifliin a reasonable time I
or daniage, Owner may have the defective Work after written notice fi•om Engineer to correct defective
con•ected or repaired or mfly have the rejected Work re- Work or to remove and replace rejected Work as required �
moved and replaced, All claims, costs, losses, and by Eugincer in aecordvice with Paragraph 13,06.A, or if
damttges (including but not linuted to all fees flnd cl�a3•gcs Contractor fails to perform the Work iii accordzncc with I
of engineers, a�•chitects, attorneys, and other profcssionals the Contract Documents, or if Contractor fails to comply �
and all court or arbitration or other dispute resolution with any other provision of tf�e Confract Documents, �
costs) nrising out of or relating to suct� correction or repair Owner may, after seven days written notice to Coe�tractor,
or such removal and replacement (iucluding but not correct or remedy any such deficiency. i
limited to a11 costs of rep�ir or replacsmeut of work of
others) will be paid by Contractor, B, L� exercising the rights and remedies under `
this Paragreph 13.09, Owner shall proceed expeditiously. `
C. I�i speciai circumstances where a particulnr Tn connection with such corrective or remedial action, �
item of equipme�rt is placed iii contimiotis service bePore Owner may exclude Contractor from all or patt of the I
Substanfial Completion of all the Work, t(ie correction Site, take possession of aU or part of the Work and I
period For that item may start io ruu 6•om an earlier date if suspend Coutractor's services related thereto, take posses- �
so provided in the Specificatioi�s . sion of Contcactor's Yools, appliances, construction j
eqtiipment and machine�y �t the Site, and incorporate in !
D, Where defective Work (arid da.mage to otiier the Work �11 materi�ls and ec�uipment sta•ed at ihe Site or I
Work resulting therefi•om) has been con•ected or removed for which Owner has paid Contractor but which are stored
and replaced under this Paragraph 13.07, the correction elsewhere. Contractor shall allow Owner, Owner's
period I�ereu�ider witll respect to sucti Work will be representatives, agents u�d employees, Owner's other
extended for an aciditional period of one year after suctt contractors, and Engineer flnd Engineei's consultants
con•ection or removal aud replacement has been access to the Site to enable Owuer to exercise lhe rights
satisfactorily completed. and remedies �mder this Paragraph. l
E. Conh•actor's obligations u�tder tl�is Paragrapl� C. All claims, costs, losses, and damages �
13.07 are iu addition to any other obligation or warranty. (inchtding but not limited to All fees and charges of �
Tha provisions of this Paragraph 13.07 sl�all not be enginecrs, architects, attorneys, and other professionals �
constnied as a substitute for ar a waiver of the provisions nnd all couit or arbitration or other dispute resolution �
of any applicable sfatute of limitation or repose. costs) incun•ed or sustained by Owner iu exercising the I
i•ights and remedies u�ider this Paragraph 13.09 will be
13.08 Acceptance of Defeclive i�ork charged against Contracior, aud a Change Order will be
issued incorporating the necessary revisions in the I
A. If, iustead of i•equiring correction or reuioval Contract Documents ivith respect to tlie Work; and Owiier
��id ceplacemeut of defective VJork, Owner (�ud, prior fo sl�flll bc entifled to an appropriate decrease in tlie Contract
Bngineer's reconvnendation of final payntent, Engi�ieer) Price, If ffie patties are unaUle to agree as to Nie amount of
prefers to accept it, Owuar may do so. Contractor shall the adjustment, �vr�ier may mttke a Claim therefor as
pay all claims, costs, losses, and damages (including but provided in Paragraph 10.05. Such claims, costs, losses
not limited to nll fees and ch�u•ges of engineers, architects, and damages will iuclude but not be limited to all costs of
attoineys, ���d other professionals and all court or repair, or replacement of work of ofhars destroyed or
arbitration or otlier dispute resolution costs) attributable to damaged by con•ection, removal, or replacement of
Owner's evaluation of and determination to accept such Contractor's defective Work.
defective Work (such costs to be approved by Engineer as
to reasonable�iess) and the diminished value of t(te Work D. Contractor shall not be allowed a�i extension
to the extent not otherwise paid by Contracior pursuant to of tlie Contract Tirnes because of any delay in the �
tf�is sentence. If any such acceptance occurs prior to perf�rmasice of the Work attributable to the exercise by
Engineer's recomme�idation of final payment, a Change Owner of Owner's rights and remedies ui3dei• tl�is
Order will be issued incorporatiug the necessary revisions Paragraph 13,09.
in the Contract Documents with respect to the Work, and �
Ownei• slial! be entitled to an appi•opriate decrease in tlie �
Co»tract Price, c•eflecting the diminished value of Work ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
so accepted. If tlie pa�ties are wtable to agree ns to the COMPLETION �
amount tliereof, Owner may make a Claiiy� therefor as �
provided in Paragraph 10.05. If the scceptance occurs 3
aRer such recommendatiou, au appropriate a�nount will be 14.01 Schedule of J'alues
paid by Cont�•actor to Owi�er.
A. The Schedule of Values establislied as pi•ovid-
ed in Paragraph 2.07,A will seive as fhe basis for progress
�JCDC C-700 Stnndnrd Gcuernl Conditious of the Construction Contrnct,
Copyright zV' 2002 Nntfonnl Society of Professlonel �nglnece•s for EJCDC, All rlghts reseived,
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I
I payments �nd will be incorporated into a form of Ap1ylicA- b. tlie quality of tlie Work is generaUy in accor-
tion for Payment acceptable to Lnginccr. Progress dance with the Contract Documents (subject to
paymcnts on uccowtt of Unit Price Work wilt be Uased on an evah�ation of the Work as a functioning whole
the uomber of units comp(eted, prior to or upon Substantial Completion, to ihe
results of auy subsequent iests called for in ihe
, 14.02 Progress Payments Contcact Documci�ts, to a final determination of
quantities and classifications foi• Unit Price Work
I A, Applications for Payments under Paragraph 9.07, a�id to any other
j quzlific�tions stated in the recommendatiov}; and
� 1. At least 20 days before the date established in
� the Agreement for each progress payment (but not more c. tl�e couciilions precedent to Contractor's being
i oIIe�i thAn once a monQi), Contractor sllall submit to entitled to sucli payment appelr to I�avc bcen
� Engineer for review an App(ication for Paytnent filled out fulfillcd in so far as it is �ngiveer's
; aud sigued by Contrector covering the Work completed as responsibility to observe the Work, �
� of the date of the Application and nccompanied by such
suppot�ting documentation as is required by the Contract 3, By recommending auy such payme�it Engineer
; Documeuts. If payment is requesteci on the basis of will not thereby be deemed to have represented th�t:
materials and eqttipment not incorporated in the Work but
delivei•ed and suitably stored at tlie Site or at another a, inspcctions made to check the quality or ttie
� location agreed to ii� �vriting, thc Applicacion for Payment qu�utity of the Work as it has been performed
� shall also be accompanied by a bill of sale, invoice, or have Ueen exl�austive, estanded to eve�y aspect
ocher documentation wairanting tl�at Owiier li�s rcccived of the Work in progress, or involved detailed
i the materials �ud equipment free and clear of all Liens inspeotions oF the Work beyond the responsi-
� and evicience that the mnterials and ec�ttiptnent nre bilities speeifieally assigned to Enginesr in the
covered by appropriate propeity insnra��ce or otlier Contract Documents; or
, � airangements to protect Owncr's iuterest therein, all of
which must be satisfactory to Owner, b, that there may not be other matters or issuas
� between the parties that might entitle Contractor
2. Beginning with the second Application for to be paid additionally by Owner or ei�titte
I Payment, each Apnlication shall iuclude an affidavit of Owner to wiUiliold payment to Contractor.
; Conti•actor stating ihat all previous p►•ogress payments I
! received on accotmt of the Wock have been applicd on 4. Neither Engineei's review of Contractor's
account to disch�rge Contractor's legitimate obligations Work for the purposes of recommending payments nor
associatcd widi prior Applications for Payment. Engineer's recommendation of any payment, including
� final payment, will i►npose responsibility on Bngineer;
! 3. Tlie amount of retainage with respect to �
� progress payments will be as stipulaled in ihe Agreemeiit a, to supeivise, direct, or coutrol tlie Work, or
B. Revie�v ofApplicalions b. for the rneans, methods, tecluiiques, ,
� sequences, or proccdures of construction, or the
1. Engi��eer will, within 10 days after reccipt of safety precautions and programs incident tt�ereto,
' eacl� Application for Payment, either iudicate in writing a or
i recommendation of payment and present the Application
to Owner or return the Application to Contractor c. for Contractor's failure to compty with Laws
indioatiug in �vriting Eiigineer's reasons for refusing lo and Regulations applicable to Conti•actor's
recommend payment, In the lattee case, Contractor may performance of the Work, or
make lhe itecessary corrections and resubmit ihe
Application. d. to make any examination to asccrtain how or
for what purposes Contractor lias used the
2. Engineei•'s rccommcndaiion of any payment moneys paid on account of the Coiitract Price, or
requested in au Application for Payment will constih�te a
representation by Engiueer to Owner, based on Engineer's e. to deteimiue that tiile to ai�y of the Work,
observations on the Site of the executed Work as an materials, or ec�uipment has passed to Owner free
expecienced and qualified design professional and on and clear of any Licns.
Engineer's review of the Applicatiou for Payment and the
accompanyi�tg data and scl�edides, that ko the best of 5. Eiigineer may refuse to recomntend the whole
Engineer's luiowledge, infoa•mation and belief: oi• any part of Rny paymei�t if, in Engineer's opinion, it
would be incorrect to make tlie representations to Owner
a. the Work has progressed to the poiut i�idical- stated in Paragrapli 14.02.B.2, Engiiieer i�tay also refuse
ed; to recommend any such payment or, because of subse-
quently discovered evidenoe or the results of subsequent
EJCDC C-700 Stnndnrd Genernl Condttlons ottlie Construction Contract.
Copyright C9 2002 Netiunol Socicly� ofProfesslonal Cngineers for EdCDC. All rights reserved.
0070Q - 36
inspections or tests, revise or revoke a�ry sncli payment 3. IF it is subsequently determiued that Owner's
rccommendntion previously made, to such extent as may refiisal of payment was not justified, the amotmt
be necessaiy in Engincer's opiniou to profect Owner fi�om wrongfidly withheld sl�all be tre�ted as an amoimt due as
loss Uecause: determined by Paragrapt► 14.02.C.1.
a. the WorEc is defective, a• completed Work l�as 14.03 Cortb•actor's id�ar�•unty ofTitle
been damaged, requiriug correcli�on or replace-
me�it; A, Contractoc wari•nnts and guara�itees thaf title
to 111 �'Vork, tnaterials, and equipmeut covered by auy
b. the Contraict Price has been reduced by Appltcation for Payment, wl�ether incorporated in the
Change Orders; Project or not, will pass to Owner no later thau the time of
paytttent fi•ee and cle�r of atl Liens.
a Ownec has been required to coirect defective
Work or complefe Work in accorda�ice witli 14.04 SttGstantfaT Ca»tpletion
Paragraph 13,09; or
A, Wheit Contractor considers tlie entire Work
d. Bngineer has actual knowledge of the ready for its intended use Conh•actor shall iiotify Owiier
occurrence of atiy of tl�e events entnnei•ated in aud Engitteer in writiug tl�af fhe entire Worlc is
Para�raph 15.02.A. substantially coinplete (eacept for items specifically listed I
by Contractor as incomplete) and request that Engineer
C. Payirrent Beconres Due issue a certificate of Substnntial Completion, I
1. Ten days after presentatiou of the Application B, Promptly after Contractor's notification, , �
for Paymeiit to Owncr with �ngineei•'s recommendation, Owner, Contractoi•, and Bngineer shall n�ake an
the amoiuit recommended will (subject to the provisions inspectiou of the Work to deternline the status of
of Paragraph ]4A2.D) become due, and �vhan due will be completion. If Engi�ieer does not consider tha Work
paid by dwner to Contractor. suUstantially complete, Engineer will notify Contractor in
writing giving the reasons therefor.
D. Reduclio�� in Pay»lent
C. If Engineer considers the Work substantinlly
1. Owner may refiise to make paynient of the fiill complete, Engineer will delivcr to Owner a tentative
amount reconunended by Engineer because: cerlificate of Substantial Contpletlon which shall fi�: the
date of Substantial Completion. There s[iall be attached to
a. claims have been made against Owner on tlye certi$cate a tentakive list of items to be completed or
accoin�t of Contractoi•'s performflnce or fi�rnish- coirected befoi•e $nal pnyment. OGVner sl�all have seven
ing of the Work; days after receipt of the tentative certificate during whiclt
to make written pbjection to Engineer as to any provisions
b. Lievs 1►ave been filed in connection with the of the certi�cate or attached list. If, after consicicring such �
Work, except where Contractor has delivered a objectious, �ngineer conciudes tl�at the Work is uot E
specific Uond satisfactory to Owner to seciu•e tlie substantially comp{ete, Engineer will withitt 14 days �t$er �
satisfaction anci discliarge of sucl► L,iens; submission of tlie tentntive certificate ko Owner notify
Confractor in writing, stating tlie eeasons therefor. If, after I
c. there are othcr itcros entitling Owner to a consideration of Owner's objections, Engineer considers
set-off againsl the amount recommended; or the Work substantially complete, Engineer will within I
said 14 days execute and deliver to Owner and Contracfor
d, Owner has actual knowledge of the occu�7•euce a definitive cectificate of Substantial Completion (wifh a I
of any of the eveuts enumerated in Paragrapl�s revised tentative list of items to be canpleted or correct- I
14.02.B.S.a tl�rougli 14.02.B.S.c or Pai�agraph ed) reflecting such changes from the tentative certificate
15,02,A. as Engineer believes justified afler covsideration of any
objections from Owner. �
2. If Owner refuses to make paymetit of the fii(I �
amount recommended by Engineer, Owner will give D. At the iime oF delivery of tlie tent�tive
Contractor immediate �vritten notice (with a copy to ceriificate of Substantial Completion, Engineer will
Engineer) stating tlie reaso�is for sucl� action and proruptly deliver to Owner and Contractor a written recommen- I
pay Contractor any amount remaining aftei• deduction of dation as to divisioi� of responsibilities pending final �
the amount so withlield. Owner shall ��romptly pay payment between Owner and Contractor with respect to I
Contractor the amount so witlil�eld, oi• any adjustment security, oparation, safety, and protection of fhe Work,
thereto agreed to by Owner and Contractor, when maurtenance, heat, utilities, insurance, and warranties and �
Contractor con•ects to Ownei•'s satisfaction t'Ze reasons for gnarantees. Unless Olvner and Confractor agi•ee otlieitivise I
such action. in writing and so inform F,ngineer in writing prior to
E�igineer's issuing t(�e definitive certi�cate of SuUstantial �
G�TCDC G700 �'�tnndnrd Gencrnf Conditious of the Construclion Contrncf,
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00700 - 37
Completion, �nginee�'s aforesaid recommendation ��ill that the Work is incomplete or defective. Colrtractor shall
be Uinding on Owner and Contractor until finfll payment, immediately take such measures as are necessary to
complete suclt Work or remedy such deficiencies.
E. Owner shall liave the right to exclude
Contractor from the Site after Qie date of Substantial 14.07 Fina1 Paynrent
Coulpletion subject to allowing Contractor reasonable
access to complete or correct items on the tentative list. A. Application for Payrneut
(4,05 PQl'llC(I UIIITZQl1D71 1. After Contractor has, in the opinion of
Engineer, satisfactorily completed all correctious
A, Prior to Substantial Completion of all the identified during tlie tinal inspection and has delivered, in
Work, Owner may use or occupy any substantia(ly accordance witt� the Contract Documents, all maintenance
completed part of' the Work whicl� has specifically been and operating instructions, schedules, guara��tees, bonds, '
identified in the Contr�ct Docwne�its, a• which Owuer, certificates or other evidence of insurance certificates of
Enginccr, and Contractor agree constitutes a separately inspection, m�rked-up record documents (as provided in
Functioning and usable part of the �'Vork that can be used Paragraph G.12), and other docimieuts, Contractor may
by Owuer for its iutended put�ose without significant make application for final payment following the
interference witli Conir�ctor's perf'ormance of the procedure for pi•ogress payments.
remainder of the Work, subject to tl�e followin� condi-
fions. 2. The fin�l Application for Payment shal] be
accompanied (except as previously delivered) by:
1. Owner at any time may reqt�est Contractor in I
writing to permit Owner ta use or occupy a.iy such pat�f of a. all documentation callcd for in tlie Contract
the Work wliich Owner believes to be ready for its Documenis, including but not limited to the
intended use and substantially complete. If and v�hen evidence of insura��ce requu•ed by Paragrapli
Contractor agrees tliat such part of ti�e Worlc is 5.04.B,7;
suUstAntially complete, Contractoc will ce��tify to Owner �
and Engineer that such pa�rt of the Work is subslantiatly t, conseut of the surety, if any, to final payment;
complete and request Engineer to issue a ceitificate of �
Substautial Completiou for t1�at part of the 1Vork, c. a]ist of all Clainis against Owner tliat i
Contractor believes nre unsettled; and ;
2. Coutractor at any time may notify Owncr �nd i
Engiueer in writing that Contractor considers any suoh d. complete and legally effective releases or i
part of the Work ready for ifs intended use and substan- waivers (satisfactory to Owner) of all Lien riglits i
tislly complete �nd reRuest Engineer to issue a certificate arising ouf of a• Liens filed in connection with i
oFSubstantia! Completion for tliat pait ofthe Work. the Work. ,
I
3. Within a reasonable time after either such 3. In lieii of tf�e releases or waivers of Licns
request, Owner, Contractor, and Engineer shall make an specified in Paragraph 14.07.A.2 and as approved Uy
inspection of tliat part of the Work to determine its stah�s Owner, Contractor may furnist� receipts or i•eleases in full
of completion 1f I;ngineer does uot cousider that part of And nu affid�vit of Contractor that: (i) the releases �nd
the Work to be substa�itially complete, Enginear will receipts include all l�bor, sen�ices, ms�terial, and E
notify Owner a��d Contractor in writing giving the reasons equipment for which a Lien could be filed; aud (ii) all !
therefor. If Engineer considers that pu•t of the Work to be payrol[s, material and equipment bills, and other �
substantially comptete, ilie provisions of Paiagraph 14.04 indebteduess connected with tt�e Woi•k for which �wne�• j
will apply witl� respect ro ceriification of Substantial oi• Owner's property might in any way be responsible havc
Completion of fhat parE of the Work and the division of been paid or ottien�ise satisfed. If any Subcaitractor or
responsibility iii respect tliereof a�id access thereto. Sup�lier fails to furnisl� such a release or receipt in fidl, �
Contractor may furnish a bond or other collateral !
4. No use or occupancy or separate operation of satisfactory to Owner to indemnify Owner against aay
part of the Work may occur prior to compliance with the Lien. �
requirements of Paragraph 5.10 regarding property �
� insarance, B, Engineer's Itevietiv of Applicatiou and I
�]cce�tance I
14.06 Finnllrtspecliojr ;
1. If, on the basis of Engineer's obseivation of `
A. Upon written notice fi•om Contractor that tlie fhe Work during conshuction and final iuspecti�n, and
entii•a Work or an agreed portion thereof is completc, En�ineer's review of the final Application for Payment
Engineer will prompfly make a fu�al inspection with and accompanying documentation as required by the .
Owner and Contracfor and will notify Contractor in Contract Documents, Eugineer is sntisfied tl�at the Work
wri[ing of all parliculars in which this inspection i•eveals has been completed and Contractor's other obligations
LJCDC G700 Stnnderd GeuerN Condillons of the Coustruct(ou Contrnct.
Copyriglit �'� 2002 Nntionnl Socfety oPProfessionnl �ngiucers fo�� �JCDC, All rights resen�ed.
00700 - 38
M
under the Contract Dociunents have been fidfilled, with the requirements hcrein and expressly ncknowledged
Engineer �vill, within te�ti days after receipt of the final by Ow�icr in writing as still unsettled. I
Application for Payment, indicate in writing Engineei's
recommendation of paynient �ud present the Application
for Payment to Owner for payinent. At the same iime A}tTICLE 15 - SUSPENSION Or «OILK AND I
Etigiiieer will also give writien notice to Owner aud TERMINATI�N
Contractor that tlie Work is acceptable subject to the
provisions o£ Paragraph 14.09. Qtherrvise, �ngineer will
returu tl�e Applicatia� for Payment to Contractor, indicat- 15A1 OwnerAlnySuspend I��w•!c I
ing in writing the reasons for refi�sing to recommend final
payment, in which case Contractor shall 3uake die A, At any time nnd without cause, Owner may
uecessaiy ca•rections atxt resubmit the Applicalion for suspend the Work or any portion thereof for a period of
Payment. not more shan 90 consecutive days 6y notice in writing to I
Contractor and Engineer wt�ich will fix the date on which
C. Payment Becomes Due Work �vill be resumed, Contractor sh�ll resume the Work
on the date so fixed. Contractor shal[ bc grented an adjust-
1. Thirry days afler U�e presentation to Owner of inent in thc ContrACt Price or an e�tension of the Contract I
the Application for Payment and accompanying docu- Times, or both, directly attributable to any such
menfaiion, the amount i•ecommended by En�ii�eer, less suspensioii if Contracfor makes a Claim therefor as
auy sum Owncr is entitled to set off agTinst Engineer's provided in Paragrapl� 10.05.
recommendation, including Uut not limited ro liquidaked I
damages, will become due and , will be paid by Owner to 15.02 Owner Alny Ternrinale for Cuirse
Contractor.
' A, The occurrence of any one oi more of the I
14.08 I'inul Completion Delayed following events will justify termination for cause:
A. If, through no fault of Contractor, final l. Contractor's persistent failure to perform the
completiou of the Work is sigiiificantly delayed, and if Work in accordance witl� the Contract Documents I
Engineer so confirms, ownar shall, upon receipt of (including, Uut uot limited to, failure to sapply sufficient
Contractor•'s final Applicafion for Paymeut (foi• Work skilled workers or suitable materials or equipment or
fully completed and accepted) and recommendation of failure to adhere to the Progress Schedule established
Engineer, and without tenninating the Contract, make under Paragraph 2.07 as adjusted fi•om time to time
payment of the balai�ce due for that po�tio�i of tlie Work pursuaut to Paragraph 6.04);
fully completed and accepted. Tf the remaining balance to
be held by Ow�ier fo!• Work not fully completed or 2. Contr�ctor's disregard of Laws or Regulations
corrected is less tlian the retainage stipulated in the of any public body having jurisdiction; I
Agreement, and if bonds have been fiu•nished as required
in Paragraph 5.01, the written consent of the surety to the 3. Contractor's disregard of the authority of
payment of the balance due for that po�iio❑ of the Work E�igineer; or
fully completed and accepted shall be submitted by I
Contractor to Engineer with the Application fos• sach 4, Contractor's violation iii aiiy substantial way
payment. Such payment shall be inade under the terms of any provisions of the Contract Documents.
and conditions governing final payment, eacept that it
shall not constitute a waiver of Claims. B, Tf one or more of the events identified in
Pu•agraph 15.02.A occur, Owncr may, after giving
14,09 l)�aiver of Clalrns Contractor (�uid surety ) seven days written notice of its
intent to tei7ninate the services of Contractor; I
A. The making and acceptance of final payment
witl consfitute: 1, exclude Contractor from the Site, aud take
possession of Nie Work and of all Contractor's tools,
1. a waivcr of all Clainis by Ownar against applia�LCes, constrnction equipment, and machinery at the
Cant�•actor, except Claims arising From unsettled Liens, Sitq and use the same to the full extent they could be
fi•om defective Work appearing after final inspeotion used by Contractor (without [iability to Contractor for
pursuant to P�ragraph 1�4,06, fi•om failure to compiy wifh irespass or conversion),
tlie Contract Docunients or the tei7ns of any speci2l
guarantees specified therei��, or from Cantractor's 2, incoi�orate in the Work all materials and �
continttivg obligations imdcr the Contract Documents; equipment stored at ihe Site or for which Owner has paid
and Contractor but which are stored elsewhere, a�id
2, a waiver of all Claims by Coutractor against
Owner otlzer than those previously made in accordance
EJCDC C-700 Sfandnrd Gcncral Condltions of fhc Coust�vction Coutrnct.
Copyrigfit �O 2002 Nntionnf Socicty of Professlone! �uglnccrs for �JCDC. All rights reserved.
00700 - 39
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3. complete the Work as Owner ntay deem 2. expenses sustzined prior to tlie effective date
expedient, of terminfltion in performiug services and furnishing
lAbor, materials, or equipment as required by the Contract
C. If Owner proceeds as provided in P�ragrAph Documents in connection with wicompleted Work, phis
15,02,B, Contractor shall not be eutitled ifo receive any fair and reasonable sums for overhead and profit on such
further payment until the Work is completed. If the expenses;
unpaid balance of tha Contract Price exce�eds all claims,
costs, losses, and dainages (iucli�diiig but not limited to all 3. all claiu�s, costs, losses, and dan�lges
fees and charges of engineers, architects, attocneys, aud (including but not limited to all fees and charges of
other professionnls flnd all court or arbitration or other eugineers, archifects, etfa•neys, and other professionals
dispute resolution costs) sustained by Owner arising out and all court or arbitration or other dispute resolution
of or relating to completin� the Work, such excess will be costs) iiicurred in settlement of tenninated cont�•acts with
paid to Contractor. If sucli claims, costs, losses, aud Subcontractors, Suppliers, and others; and
damages exceed such unpaid balance, Contractor shall
pay the diffcrcncc to Owner. Such claims, costs, losses, 4. reasonable �xpenses directfy atU�ibutable to
and dar�teges incurred by Owner will be reviawed by termination.
F,n�it�eer as to their reasonaUlei�ess and, wfien so
appi•oved by Bngineer, iticorpocated in a Cl�aiige Ordei•. B. Contractor shall noi be paid on accoi�nt of loss
W1ien exercising any rights or ►•emedie:s under this of anticipatcd profits or revemie oi• ofher economic loss
Paragrapl� Owuer shall not be required to obtain the arising out of or i•esulfing fi•om such termination.
(owest price for tl�e Woi•k perfornied.
15.04 Contructvr d�ay Sto� Work or Ternri�tate
D. Noh�ithstaudiug Paragraphs 15.02.8 and
] 5.02.C, Contractor's services will not be te��mivated if A. Tf, ttirough no act or fault of Contractor, (i)
Coutractor begins within seven dzys of receipt of notice the Work is suspended for more th��i 90 consecutive days
of iuteut to temiinate to correct its failure to perform and by Owner or under au order of court or otlier public
proceeds diligently to cure such fnilure within no tnore autl�ority, or (ii) Engineer fails to act on any Appfication
than 30 days of receipt of saicl »otice, for Payment H�ilhin 30 days after it is submitted, or (iii)
Owner fails for 30 days to pay Contractoe auy sum finally
E, Wtiere Contractor's se�vices have been so determined to be due, tlien Coutractor may, upon seven
teruii��ated by Owiier, the termination will not affect any days written notice to Owncr and Engineer, and provided
rights or remedies of Owner against Contcactor then Ownei• or Engineer do not remedy sucl� suspension or
existing or which may thereafter accrue, Any retcntion or fttilure within that titne, tai7ninate the Contract and
payment of moneys due Contractor Uy Owner will not recover �'rom Owner payntent on the same terms as
releasc Contcector from liability. provided in Paragraph 15.03.
F. If and to i}�e extent tl�nt Contractor has B. Li lieu of terminating the Coutract and
provided a performance bond wider the provisions of without prejudice to any ofher right or remedy, if
Para�raph S.O1,A, the termination procedtu•es of tl�at bond �ugineer lias feiled to act on an Application for Paymeut
shall supersede the provisions of Pa�•agraphs 15.02.B, and witl�in 30 days aRer it is submitted, or O�vner has failed
15A2•C. for 30 days to pay Contractor any sum £malfy determined
to be due, Contractor may, seven days after �vritten notice
15.03 Oivraer A1ay Terrnirrate For Converrie�rce to Owner aud �iigineer, sfop the Work until payment is
made of al! such antounts due Contractor, including
A, Upon seven days �vritteii notice to Contractor interesf ttiereon. Tlie provisions of this Paragrapl� 15.04
and Engineer, Owner may, witl�out cause and widiout are not iutended to preclude Contractor fi•om making a
prejudice to auy other right or remedy of Owuer, Claim tmde�� Paragraph 10.05 for an adjustment iu
tenninate the Contract. L� snch case, Contractor shall be Contract Price or Contract Tiwes or otf►erwise for
paid for (without duplication of a��y items): cxpenses ar damage direcfly attributable to Contracto►'s
stopping the Work as permitted by this Paragra��h.
1, cocnpleted nnd ncceptable Work axecuted in
accordance with the Contract Docuuients prior to the
effective date of termiiiatiat, includin.g falr and ARTICLE 1G - DISPUTE RESOLUTION
reasonable sums for overhead 1nd profit on such Work;
16.01 Methods and Procedures
A. Either Owner or Contractor may request
mediation of any Claim submitted to Engineer for a
decision under Paragrapli 10,05 before soch decision
becomes final ai�d binding. The mediatiou will be
�JCDC C-700 Sfnudard Genernl Conditions of the Construcfion Contrect.
Copyrlgl�t �O 20Q2 Nnfionril Sociely of Professionnl �ngineers Por EJCDC, All rights reserved.
00700 - 40
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governed by the Constn�ction Industiy Mediation Rules 2, delivered at or sent by registered or certified '
of the American Arbitration Association in affect as of the mail, postage prepaid, to the last business address known �
Effective Date of the Agreement. TI�e request for to U►e giver of the notice.
uiediation shall be submitted in �vriting to the Americen
Arbitration Association a�id the otl�er party to the 17.02 Co»ipulalion of Tintes I
Contract. Tiroely suUmission of the requesl: shall stay the
effect ofParagraph IO.OS,E. A. When auy period of time is referred to in the
Conh•�ct Documents by days, it will be compirted to
B, Owner and Contractor shall perticipate in the exclude the first and include the last day of such period, If �
mediAtion process in good faith. The process shall be tlie lasl day of any stich period falls on a Saturday or
concladed within GO days of filiug of tlie; requesl. The Sunday or on a day made a leg�l Itoliday by the law of the
date of termination of the mediation shall be detei�nined applicable jurisdiction, such day will Ue omitted from the
Uy applicafion of the mediation rules referericed above. computation, I
C. If the Claiiu is not resolved by medintion, 17.03 Ct{nntlalil�e Rejnedies
Bnginee►'s action under Paragrapl� lO.OS,�C or a denial
pursuant to Paragraphs IOAS.C.3 or 10.O5.D shall become A. Tl�e ciufies and obligations imposed by these �
final and binding 30 days after fennivation of the Gener�l Conditions and the rights and remedies nva[lable
mediation unless, within that time period, Owner or hereuuder to the pa�rties hereto are in addition to, and are
Contractor: not to be construed in any way as a limitation of, any
rights and remedies available to any or all of tliem which I
1. elects in writing to involce any dispute are otherwise imposed or available by Laws or Regula-
resolution process provided for in the Supplemet�tary tions, Uy special warranty or guarantee, ar by other
Conditions, or provisions of the Contract Docuntents, The provisions of
this P�ragraph wifl be as effective as if repeated I
2. agrees with the other party to submit the specifically in tlie Contract Documents in connection witl�
Claim to another dispute resolution process, or each pa►�ticular duty, obligation, rigl�t, and remedy to
wliicli they apply.
3. gives written notice to tt�e other party of tlieir �
intent lo submit flie Claim to a cotu•t of cotnpetent 17.04 S2l7'VTl'UIO,fObIlgQl10Y7S
jurisdiction.
A. All representaiious, indemnifications, warran I
ties, and guarantees made in, required by, or given in
ARTICLE 17 - MISCELLANEOUS accordance with t}te Contracf Documents, as well as all
coutinuing obligations indicated in the Confract Docu-
men[s, will suivive fina] payment, completion, and I
17.01 Civi��g Notice acceptance of the Work or termiriation or completion of
the Contract or terminntion of the seivices of Coutractor.
A. Whenever any provision of the Contraet
Docwnents requit•es the giving of writteu natice, it will be 17.05 Co�7lro11ing Lmv I
deemed to have been validly given if:
A. Tl�is ConU•act is to be governed by tlie law of
1, cielivered in person to the individual or fo a tlie state in whicl� the Project is located.
membei• of tlte firm or to an officer of the corporation for
whom it is intended, or 17.06 Headings
A. Article and paragrapli l�eadings are inserted
for convenicnce only aiid do not constitute pa�•ts I
of these Genei•nl Conditious.
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EJCDC C-700 Stnndnrd Gcucrnl Conditians of tLe Construclion Contract.
Copyrlght � 2002IYnlionAl Society of Professionel Englncers fm• L'JCDC. All rlg�ts rese[ved. I
00760 - 41 1
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TECHNICAL SPECfFICATION
FOR
SULFURIC AC1D
SULFURIC ACID-93%
1. Sulfuric Acid shall be 93% H2SO4 in tank truck quantities of approximafiely 3,500
gallons. • ,
2. The vendor shall supply a list of na less than five references thaf can veri#y use of
the product in a membrane plant in the State of Florida.
3. The manufacturer or vendor shaEl furnish an affidavit attesting that the sulfuric acid
complies with all applicable specifications referenced within this document.
4. Vendor shall certify sulfuric acid as suitable for contact with or treafinent of drinking
water by an accredited certification organization in accordance with ANSI/NSF '
Standard 60, Drinking Vltater Treatment Chemicals Health Effects. Evaluation shall
be accomplished in accordance with requirements that are no �ess restrictive tha�r
those listed in ANS{/NSF Standard 60. Cer�ification shall be accomplished by a
certification arganization acc� by the American National Standards Institute. A
copy of that certification shall accompany bid documents.
5. The manufacturer or vendar shall submit fo Jupiter Utilities a certified analysis of •
each shipment. The analysis shall include %(by weight) HZSO content, iron,
arsenic, (ead, barium, cadmium, chromium, copper, cyanide, magnesium, mercury,
selenium, silver and zinc contents. The iron content of the material shalf not exceed '
15 ppm of total iran and the copper cantent of the material shall not exceed 2.0 ppm
of total copper. If the acid does not meet these specifications, the ioad will be
; refused at no expense to the Town.
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6. Shipping is by bulk in accord to applicable regulations. Bidder sha11 assure that each ;
delivery truck is in A-1 mechanical condition conforming to ICC Spec. MC-310 and �
� MC-31'! for Sulfuric Acid, a hazardous chemicai and wifl have the following:
�
A. A capable driver trained in the proper handiing of sulfuric acid and the use and ;
operation of the equipment. Certification of training. Extreme care should be
taken when handling sulfuric acid. Workers (drivers) trained in the handling are
expected to wear proper protective clofhing, gogg[es, and face shields.
�' Observation of drivers performing this duty with disregard to safety pracedures �
wi(1 not be tolerated on Jupiter Facilities. �
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, B. Upon enfiering the Ju�iter Utifities Water Treatment Plant, the driver is required to I
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; W1536B
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observe alf safety policies, rules and approved standard operating procedures.
Means of identification on the vehicle shall be reqs�ired and net weight of liquid
contents shall be with certified scales readings. These shall be provided to the
Jupiter Utilities plant operator on duty prior to any at#empt to make delivery. The �
typical quantity of delivery is 3,500 gallons and is off-foaded by compressed air
supplied by Jupiter Utilities at the storage #ank site.
C. The supplier shall supply all necessary connectors and hoses required to off load �
the sulfuric acid shipment into the Town's bulk storage fank. �
7. Successful vendor shall provide fheir Sfandard Operating Procedures for their
drivers #o #he Utilities Facilities Manager prior to the first deliwery. A copy of the
current Standard pperafiing Pracedures for Jupi#er Utiiities shall be provided to the �
successful bidder prior to the first delivery. Af! procedures shall be reviewed for ;
acceptance and in campliance with the provisions of OSHA, Subpart H, 1910.1'19,
tifiled "Hazardous Materials".
8. Jupiter U#ilities wiU provide fihe latest information on the facilities OSHA '[ 910.1 ZO �
Hazard Communication Program to the successful bidder. The vendar shall provide
a list of approved drivers w�th their training record kept current and a copy of their �
driver's license. The approved drivers (ist shall be maintained currenfi_ .
9. The supplier of this product shall pro�ide the most up to date version of the MSDS
� sheet.
1 �. The supplier of #his product shall provide safety training to all water plant personnel
� on the plant si#e at feast once per year as arranged by Jupiter Utilities.
1'f. DELIVERY: Town of Jupiter Water Treatment Facility, 17403 Cenfraf Blvd, Jupiter,
' FL 33458, i
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12. Ta be bid F.O.B. Delivered to Jupiter Wa#er Trea#ment Facility. '
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13. Escalation/de-escalation for freight wil! be permitted under this Contract. The ;
� request must be made in writing, to t�e Town, at least 60 days priar to the rate �
� becoming effective. Proof justifying fihe change of rate shall be furnished with #he i
written request. '
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' 94. No escalation will be permittect for the cost of chemicals for the duration of the
i Contract i
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ACORD� DATE(MAAIDDIYYYI'� ;
CERTIFICATE OF LIABILITY ENSURANCE s�27,20�
THtS CER71FfCATE tS ISSUED AS A MAT'TER OF lNFURMATION ONLY AND CONFERS NO RIGHTS UPON THE CER71F[CA'fE HOLDER, THIS
CERT[FICATE DOES PEQT AFFiRMA7NELY OR NEGATiVELY AMEI�tD, EXTEIYD OR ALTER THE COVERAGE AFFORDED BY THE POL{CIES
BELOW. THIS CERTlFICATE QF INSURANCE DOES IdOT CONSTlTUTE A CONTRACT BETWEEN THE ISSUINCs INSURER(S), AUTHORIZED
REPRESENTATIVE OR PttODUCElt, AND THE CERTIFICATE HOLDER.
IMPORTANT: H' ihe certiflcate holder is an ADOITlONAt INSURED, the policy{les) must be endorsed. if SUBROGATIOPI IS WAIVED, subject to
the terms and condltions of tne poHcy, certafn polictes may require an e�dorsement. A statement on this certiflcate daes nat confer rfghts to the
cerllflcate holder in lieu of such endorsement s. i
PRODUCER N
USI $ODU1W8St PHONE FAX
Three Memorial City E ,��� No : - -
3 840 Gessner, Suite 600 aoor�ss: 'ss i �
; iiouston TX 77024 RISIfRER S AFFORDING COVERAGE NAIC t
i INSURERA •
INSURED IN9URER B :
Shrie�e Chemical Company IN9URERC: O s
Shrieve Chemical Products, [nc. f�suR£R n:
1755 Woodstead Cnurt
Woodlands TX 77380 iasuRea E:
INSURER F :
COVERAGES CERTIFICATE NUiNBER: g17890496 REVISION NUMBER: i
THIS IS TO CERTIFY THAT THE POLECIES QF INSURANCE LiSTED BELOW HAVE BEEN ESSUEO TO THE INSURED NAMED ABOVE FOR THE POLICY PEfiIOD
3 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDI710N OF ANY CON7RACF OR OTHER DOCUMENT WITH RESPECT Tp WHICH THiS '
CERTIFICA7E iulAY BE ISSUED OR MAY PERTAIN, THE tNSURANCE AFFORDED SY THE POLICIES DESCRIBED HEREfN lS SUBJECT TO ALL THE TERMS, i
EXCi.USIOfVS AND CONDlTIONS OF SUCH POLICIES. LIMITS SMOWN MAY HAVE BEEN REDUCED SY PAID CLAiMS.
IMSft 7yPE OF flFSURANCE POLICY EPF POLICY E7(P ;
POLICY NUMBER UMiTS �
8 GENEHAL LIA9ILM 000623606 9/t/2615 91112076 �qCH OCCURREkCE $1 OOp OOU 't
x COMMERCIAL GENERAi LIABILITY PREMISES R oc rce $50D,000 �I
CLAIMS-ML4DE � OCCUR MED EXP (M one person� $25 OOU i
PERSONAL&.ApVINJURY S1000000 �
� GENEFALAGGREGATE $2,000,000 '
' GEN1 AGGREGATE LiNNiAPPLtES PER: PROPUCTS - COMPlOP AGG S2,O00,000
I POLICY PRO- LOC 5
� B AUTOMOBILELlABILITY ppp��pg 9/1/20'E5 9/112018 �accidettt 1,OOOC100
ANYAUTO BODILYIPIJURYtPerperson) $ �
ALLOWNED SCHEDULED
AUTOS AUTQS BOUILY INJURY (Peracadent) $ �
tI1RE0 AUT0.S x p�� N� p�� �,� OAMAGE $
i
$
B UMBRELLALIAB X p���� pOp623706 9/1l2015 9!1lZD16 EqCHOCCUr�e6tCE S10,OD0,000
EXCESS LIAB ���g.MppE AGGREGATE $10,OOD,000 �
� �
� OED RE7ENTION � q� i
' YYORKERSCOMPENSAT[ON TSF00011fi3631 10/112015 10(1J2016 X WCSiATV- 07H• I
C AND EMPLOYERS UABI�IiY y � N WC927958262314 4Qli/2015 10/112016 �
AMY PROpRIE70R/PAR7f�RlEXECUTIVE E.L. EACH ACCIDENT $1 000,000 i
OF�ICERlMEMBER EXCLUDEO? � � 1 A
(Mandatory In NHJ E.1.. OISEASE - EA EN{PLOYE Si 000,000
Hyes tlesalbe untler
4ESCRIPTION OF O?ERATIONS 6elow EL. �SEASE -PQLICY LIHllT $1 000 000 I
g Pallutipn Liebility Q�623606 91112015 8/V2D16 Each Occurrence $'I,OOO,ODD �
Deductible $10,000 �
Legal Llability Ded. �25,QOD
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DESCRIP710R UF OPERA7fON3! LOCATIONS 1 VEHICLES (Attech ACORD 101. Addttlonal Itemarks Schedule, Ff more apnce is requtred}
General Liabili and Excass LiabiU oti includes Producfs PolluUon, E !
; tY ty p cy xposure Liability, �ime-Element Pollution Lia6ility, Non-owned Site
� Pollution Liability, Transportation t'ollufion and Contractors Pollution Liabiliiy. Certificate holder is provided with additional insured sfatus on !
I General �iability and HiredlNon-Qmrned Autorno6ile an a primary and non-oontrfbutory basis wher� required by written contract.
i
Certificate holder is provided with a blanket waiver of subrogatlan on General Liabilify, Auto Liabiiity and Workers Compensation policies
See Atlached... i
GERTlFIGATE HOLDER CANCELLATIOfV I
SFiOULD ANY qF 7HE ABpVE DESCRIBED POLIClES BE CANCELLED 9EFORE
THE EXP�RATION DATE THEREOF, NOTICE WILL BE DELIVfRED (N i
Town af Jupiter ACCORDANCE W!'{H THE POLICY PROViS[ONS. �
� 210 Military Trail I
i Jupiter �L 33458 AVTHORIZED REPRE5ENTpTIYE
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t� 198&2010 ACORD CQRPpRATION. All righ#s reserved.
ACORD 25 (2090l05) The ACORD name a�d logo are registered marks ot ACORD ;
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AGEPICY CUSTOMER I0:
tOC #:
AC R� ADDITIONAL REMARKS SCHEDULE Page �_ of �_ ;
AOENCY NAINED iNBUREO �
USI Southwest Shrieve Chemical Company
POLtCYNUMBER Shrieve Chemicaf Products, Ina �
1755 Waodstead Court
Woodiands TX 77384
CARRIElt NAIC CUDE
I
EFFECi1VE DATE: ,
AdDITIQNFAL REMARKS
THIS ADDITIONAL REMARKS FdRM IS A SCH@DULE TO ACORD F�RM, !
FoRM NU�lBER: 2� FORnA nT�E: CERTfFICATE OF LIABILITY INSl3RANCE
en required by written contract.
Umbrella poficy will follaw form over General Liability, Auto Liability and Workers Cornpensakion policies.
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ACORD 101 {2008I01) Q 20Q8 ACORD CORPORATION. All rights reserved.
The AGORD name and tago are registered marks af ACORD �