Supplementary Conditions.PDF

This Section is a MODIFIED version of EJCDC® C-800, Copyright © 2018 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents.

Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT

These Supplementary Conditions amend, or supplement, the EJCDC C-700 Standard General Conditions of the Construction Contract (2018). The General Conditions remain in full force and effect except as amended. The terms used in the Supplementary Conditions have the meaning stated in the General Conditions. Additional terms used in the Supplementary Conditions have the meaning stated below which are applicable to both the singular and plural thereof. The address system used in the Supplementary Conditions is the same as the address system used in the General Condition with the prefix “SC” added – for example, “paragraph SC-4.05.”

ARTICLE 1—DEFINITIONS AND TERMINOLOGY

SC-1.01 – Paragraphs numbered 10, 11, and 30 are deleted in their entirety and insert the following in their place:

10. Claim

a. A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment of Contract Price or Contract Times; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract.

b. A demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal, or seeking resolution of a contractual issue that Engineer has declined to address. A demand for money or services by a third party is not a Claim.

11. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead based paint (as designed by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Law and Regulations, which include, but are not limited to:

(a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.

§§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

30. Owner—The City of Treasure Island, a municipal corporation of the state of Florida, with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract.

This Section is a MODIFIED version of EJCDC® C-800, Copyright © 2018 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents.

Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

ARTICLE 2—PRELIMINARY MATTERS

SC-2.01 – Delete paragraphs 2.01 A, B, and C in their entirety and insert the following in their place:

A. Performance and Payment Bonds: When Contractor delivers the signed counterparts of the Agreement to Owner and before any Work is started, Contractor shall also deliver to Owner the performance bond and payment bond (if the Contract requires Contractor to furnish such bonds).

B. Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner and before any Work is started, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Contract), the certificates, endorsements, and other evidence of insurance required to be provided by Contractor in accordance with Article 6, except to the extent the Supplementary Conditions expressly establish other dates for delivery of specific insurance policies.

SC-2.02 – Delete paragraphs 2.02 A in its entirety and insert the following in its place:

A. Owner shall furnish to Contractor the Contract (including one fully signed counterpart of the Agreement) in electronic portable document format (PDF). Printed copies will be furnished upon request at the cost of reproduction.

ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE

SC-3.01 –

Delete paragraph 3.01 B. in its entirety and insert the following in its place:

B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional costs to the Owner. Contractor shall be responsible for the construction and coordination of the parts of the Project and all systems provided shall be completely compatible and fully functional without additional costs to the Owner.

Add paragraph 3.01 H. as follows immediately after paragraph 3.01 G.:

H. Each and every provision of Law and Regulations required to be inserted in these Contract Documents are deemed to be inserted, and will be read and enforced as though they were included in the Contract Documents, and if through mistake or otherwise, any such provision is not included, or if not correctly inserted, then upon the application of either party, the Contract Documents will be physically amended to make such insertion.

SC-3.03 – Delete paragraph 3.03 A.3. in its entirety and insert the following in its place:

3. Contractor will not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor knew or could have reasonably been expected to know or anticipated thereof.

This Section is a MODIFIED version of EJCDC® C-800, Copyright © 2018 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents.

Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK

SC-4.01 – Delete paragraph 4.01 A. in its entirety and insert the following in its place:

A. The date of commencement of the Work is the date established in a Notice to Proceed. A Notice to Proceed may be given at any time within 60 days after the Effective Date of the Contract.

SC-4.03 Add paragraph 4.03 B as follows immediately after paragraph 4.03.A:

A. Engineer may check the lines, elevations, reference marks, batter boards, etc., set by Contractor, and Contractor shall correct any errors disclosed by such check. Such a check shall not be considered as approval of Contractor's work and shall not relieve Contractor of the responsibility for accurate construction of the entire Work. Contractor shall furnish personnel to assist Engineer in checking lines and grade.

SC-4.05 A. Delete paragraph 4.05 A. in its entirety and insert the following in its place:

A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor may be entitled to an equitable adjustment in the Contract Times. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

SC-4.05 C. - Delete paragraph 4.05 C. in its entirety and insert the following in its place:

C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor may be entitled to an equitable adjustment in Contract Times.

Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment will be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following:

1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes;

2. abnormal weather conditions, that are not specified in paragraph 7.03;

3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and

4. acts of war or terrorism.

SC-4.05 D. - Delete paragraph 4.05 D. in its entirety and insert the following in its place:

D. No delay may entitle the Contractor to an increase of the Contract Price except where the Owner or Engineer acted in bad faith to prevent the progress of Work or unanticipated site conditions that are verified in writing and prevent the progress of Work. The Contractor acknowledges that in agreeing to the Contract Price, it has assessed the potential impact of the limitations of this section on its ability to recover additional compensation in connection with a Work delay or interference and the Contractor agrees that the limitations will apply, regardless of the accuracy of the Contractor’s assessment or actual costs incurred by the Contractor in connection with any such delays or interference.

This Section is a MODIFIED version of EJCDC® C-800, Copyright © 2018 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents.

Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

SC-4.05 E. - Delete paragraph 4.05 E. in its entirety and insert the following in its place:

E. Contractor will not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor.

SC-4.05 H. – Add paragraph 4.05. H. as follows immediately after paragraph 4.05. G.:

H. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event.

ARTICLE 5—SITE, SUBSURFACE AND PHYSICAL CONDITIONS, HAZARDOUS ENVIRONMENTAL

CONDITIONS

SC-5.01 - Delete paragraph 5.01 A. in its entirety and insert the following in its place:

A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. The Owner assumes no responsibility or liability for the physical condition or safety of the Site or any improvements located on the Site. The Contractor will be solely responsible for providing a safe place for the performance of the Work.

SC-5.03 – Add paragraphs 5.03. E., F. and G. as follows immediately after paragraph 5.03 D:

E. The following table lists the reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data, and specifically identifies the Technical Data in the report upon which Contractor may rely:

Report Title Date of Report Technical Data

N/A

F. The following table lists the drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data, and specifically identifies the Technical Data upon which Contractor may rely:

Drawings Title Date of Drawings Technical Data

This Section is a MODIFIED version of EJCDC® C-800, Copyright © 2018 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents.

Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

G. Contractor may examine copies of reports and drawings identified in SC-5.03.E and SC 5.03.F that were not included with the Bidding Documents at 10451 Gulf Blvd, Treasure Island, FL 33706 during regular business hours, or may request copies from Engineer.

SC-5.04 E.– Delete paragraph 5.04 E. 1 in its entirety and insert the following in its place:

1. Contractor will be entitled to an equitable adjustment in Contract Price or Contract Times, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following:

a. Such condition must fall within any one or more of the categories described in Paragraph 5.04 A;

b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and,

c. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on the adjustment being essential to Contractor’s ability to complete the Work within the Contract Times and subject to the provisions of Paragraphs 4.05 D and 4.05 E.

SC-5.05 A. - Delete paragraph 5.05 A. in its entirety and insert the following in its place:

A. Contractor’s Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions:

1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and

2. The cost of all of the following will be included in the Contract Price, and Contractor must have full responsibility for:

a. reviewing and checking all information and data regarding existing Underground Facilities at the Site;

b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site;

c. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and

d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work.

SC-5.05 F. - Delete the paragraph 5.05 F. in its entirety and insert the following in its place:

F. Possible Price and Times Adjustments:

1. Contractor will be entitled to an equitable adjustment in the Contract Price or Contract Times to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease

This Section is a MODIFIED version of EJCDC® C-800, Copyright © 2018 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents.

Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following:

a. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03;

b. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question;

c. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times and subject to the provisions of Paragraphs 4.05 D. and

4.05 E.; and

d. Contractor gave the notice required in Paragraph 5.05 B.

2. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth in a Change Order.

3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the Underground Facility in question.

SC-5.06 A. – Add paragraphs 5.06 A. 4. and 5. as follows immediately after paragraph 5.06 A.3:

4. The following table lists the reports known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site, and the Technical Data (if any) upon which the Contractor may rely:

Report Title Date of Report Technical Data

5. The following table lists the drawings known to Owner related to Hazardous Environmental Conditions at or adjacent to the Site, and Technical Data (if any) contained in such Drawings upon which Contractor may rely:

Drawings Title Date of Drawings Technical Data

This Section is a MODIFIED version of EJCDC® C-800, Copyright © 2018 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents.

Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

SC-5.06 I. – Delete paragraph 5.06 I. in its entirety and insert the following in its place:

I. – Not used.

SC-5.06 J. - Delete paragraph 5.06 J. in its entirety insert the following in its place:

J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible.

Nothing in this Paragraph 5.06.J obligates Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. This provision survives termination or expiration of this Contract.

ARTICLE 6—BONDS AND INSURANCE

SC-6.01 E. – Delete paragraph 6.01 E. in its entirety and insert the following in its place:

E. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor will promptly notify Owner and Engineer and will, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which will comply with the bond and surety requirements above.

SC-6.01 I. – Add paragraph 6.01 I. immediately after paragraph 6.01.H.:

I. A surety company issuing and Bonds required by the Bid Documents or Contract Documents must also comply with the following:

A. Surety must be licensed or authorized to do business in the State of Florida and have a registered agent in the State of Florida.

B. Surety shall have been in business and have a record of successful continuous operations for at least five (5) years.

C. Surety must issue bonds in accordance with section 255.05, Florida Statutes and comply with the regulations therein.

SC-6.02 - Delete paragraph 6.02 in its entirety and insert the following in its place:

6.02 Insurance—General Provisions

A. Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions.

B. All insurance required by the Contract to be purchased and maintained by Contractor will be obtained from an insurance company or companies that are duly licensed or authorized, to do business in the State of Florida, to issue insurance policies for the required limits and coverages.

Unless a different standard is indicated in the Supplementary Conditions, all companies that

This Section is a MODIFIED version of EJCDC® C-800, Copyright © 2018 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents.

Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

provide insurance policies required under this Contract must have an A.M. Best rating of A-VII or better.

C. Prior to the commencement of Work governed by this Contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified below which are made part of this Contract. The Contractor shall ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the below requirements. Subcontractors performing Work on the Project shall be obligated to maintain a minimum of $1,000,000 in umbrella liability coverage/excess liability coverage.

D. The Contractor will not be permitted to commence Work governed by this Contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the Owner as specified below. Delays in the commencement of Work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, will not extend deadlines specified in this Contract and any penalties and failure to perform assessments will be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence.

E. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), either:

1. certificates of insurance establishing that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract or

2. a certified copy of the actual insurance polies and endorsements, and documentation of applicable self-insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.

F. The Owner, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract.

G. The Contractor shall maintain the required coverages throughout the entire term of this Contract and any extensions specified in any attached schedules and four years thereafter. If the required Commercial General Liability coverage is provided on a “Claims Made” basis, such coverage will be maintained for a minimum of four years after acceptance by the Owner. Failure to comply with this provision may result in the immediate suspension of all Work until the required insurance has been reinstated or replaced. Delays in the completion of Work resulting from the failure of the Contractor to maintain the required insurance will not extend deadlines specified in this Contract and any penalties and failure to perform assessments will be imposed as if the Work had not been suspended, except for the Contractor's failure to maintain the required insurance.

H. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor’s insurance policies.

I. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to Owner the by the insurer.

This Section is a MODIFIED version of EJCDC® C-800, Copyright © 2018 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents.

Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

J. The acceptance and/or approval of the Contractor's insurance will not be construed as relieving the Contractor from any liability or obligation assumed under this Contract or imposed by Laws and Regulations.

K. Failure of Owner to demand such certificates or other evidence of the Contractor’s full compliance with these insurance requirements, or failure of Owner to identify a deficiency in compliance from the evidence provided, will not be construed as a waiver of the Contractor’s obligation to obtain and maintain such insurance.

L. If Contractor does not purchase or maintain all of the insurance required of Contractor by the Contract, Contractor must notify the Owner in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage.

Contractor also shall notify Owner within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice.

M. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner’s termination rights under Article 16.

N. Without prejudice to any other right or remedy, if Contractor has failed to obtain required insurance, the Owner may elect to obtain equivalent insurance to protect such Owner’s interests at the expense of the Contractor who was required to provide such coverage, and the Contract Price will be adjusted accordingly.

O. The insurance and insurance limits required in this Contract will not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner and other individuals and entities in the Contract.

P. All policies required by this Contract must contain provisions to the effect that the insurer(s) waive all rights of subrogation against the Owner, Engineer, and their officers, directors, employees, and other consultants and subcontractors of each and any of them.

SC-6.03 - Delete paragraph 6.03 in its entirety and insert the following in its place:

6.03 - Contractor’s Insurance

K. Workers’ Compensation: Contractor shall purchase and maintain workers’ compensation and employer’s liability insurance for:

1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts.

2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees (by stop-gap endorsement in monopolist worker’s compensation states).

L. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, preferably on an occurrence basis, against:

1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees.

This Section is a MODIFIED version of EJCDC® C-800, Copyright © 2018 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents.

Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

2. claims for damages insured by reasonably available personal injury liability coverage.

3. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom.

M. Commercial General Liability—Form and Content: Contractor’s commercial liability policy will preferably be written on a 1996 (or later) ISO commercial general liability form (occurrence form). If coverage is provided on a Claims Made policy, its provisions must include coverage for claims filed on or after the effective date of this Contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of Work by the Owner. The policy must include the following coverages and endorsements:

1. Products and completed operations coverage:

a. Such insurance must be maintained for three years after final payment.

b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter.

2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor’s contractual indemnity obligations in Paragraph 7.18.

3. Broad form property damage coverage.

4. Severability of interest.

5. Underground, explosion, and collapse coverage.

6. Personal injury coverage.

7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent.

8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent.

N. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any owned, non-owned and hired motor vehicle. The automobile liability policy must be written on an occurrence basis.

O. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry-standard exclusions, the coverage afforded must follow form as to each and every one of the underlying policies.

P. Contractor’s pollution liability insurance: Contractor shall purchase and maintain pollution liability insurance against claims for damages because of bodily injury or death of any person.

Q. Contractor’s professional liability insurance: Not Required.

This Section is a MODIFIED version of EJCDC® C-800, Copyright © 2018 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents.

Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

R. Additional insureds: The Contractor’s commercial general liability, automobile liability, umbrella or excess, and pollution liability policies must include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds must provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements.

S. General provisions: The policies of insurance required by this Paragraph 6.03 must:

1. include at least the specific coverages provided in this Article.

2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater.

3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 30 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy.

4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents.

5. be appropriate for the Work being performed and provide protection from claims that may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable.

T. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies.

U. The limits of liability for the insurance required will provide coverage for not less than the following amounts or greater where required by Laws and Regulations:

1. Workers’ Compensation, and related coverages under Paragraphs 6.03.A.1 and A.2:

State Workers Compensation:

Statutory – Ch.

440, Fla. Stat.

Employer’s Liability:

Bodily injury, each accident $ 1,000,000

Bodily injury by disease, each employee $ 1,000,000

Bodily injury/disease aggregate $ 1,000,000

2. Contractor’s Commercial General Liability under Paragraphs 6.03.B and 6.03.C:

This Section is a MODIFIED version of EJCDC® C-800, Copyright © 2018 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents.

Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

Combined Single Limit of $ 2,000,000

3. Automobile Liability under Paragraph 6.03.D.:

Combined Single Limit of $ 1,000,000

4. Excess or Umbrella Liability under Paragraph 6.03 E:

Per Occurrence $ 1,000,000

General Aggregate $ 2,000,000

5. Contractor’s Pollution Liability:

Each Occurrence $ 1,000,000

General Aggregate $ 2,000,000

Additional Insureds: In addition to Owner and Engineer, include as additional insureds the following: None

6. Contractor’s Professional Liability: Not Required

7. Contractor’s Professional Liability: Not Required

SC 6.04 - Delete paragraph 6.04 in its entirety and insert the following in its place:

6.04 – Builder’s Risk and Other Property Insurance

A. Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance must:

1. include the Owner and Contractor, subcontractors, Engineer and Owner’s Consultants as named insureds, and all Subcontractors, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and any individuals or entities required by the Supplementary Conditions to be insured under such builder’s risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured will collectively be referred to as “insureds”.

2. be written on a builder’s risk “all risk” or open peril or special causes of loss policy form that must at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and must insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse;

This Section is a MODIFIED version of EJCDC® C-800, Copyright © 2018 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents.

Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder’s risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor.

3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract;

and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures.

4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects).

5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier).

6. extend to cover damage or loss to insured property while in transit.

7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner will remain covered by the builder’s risk insurance.

8. allow for the waiver of the insurer’s subrogation rights, as set forth below.

9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered.

10. not include a co-insurance clause.

11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions.

12. include performance/hot testing and start-up.

13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete.

B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any

This Section is a MODIFIED version of EJCDC® C-800, Copyright © 2018 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents.

Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

such written notice, the purchasing policyholder will provide a copy of the notice to each other insured.

C. Deductibles: The purchaser of any required builder’s risk or property insurance will pay for costs not covered because of the application of a policy deductible or self-insured retention.

D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will provide notice of such occupancy or use to the builder’s risk insurer. The builder’s risk insurance will not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder’s risk policy, while those portions of the Work not yet occupied or used by Owner must remain covered by the builder’s risk insurance.

E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor’s expense.

F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount.

SC 6.05 - Delete paragraph 6.05 in its entirety and insert the following in its place:

6.05 – Property Losses, Subrogation

All policies purchased in accordance with Paragraph 6.04, expressly including the builder’s risk policy, must contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors.

Contractor waives all rights against Owner and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused.

A. None of the above waivers will extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued.

B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for:

1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work

This Section is a MODIFIED version of EJCDC® C-800, Copyright © 2018 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents.

Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and

2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06.

C. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by builder’s risk insurance and any other property insurance applicable to the Work.

SC-6.06. C. - Delete paragraph 6.06. C. in its entirety and insert the following in its place:

C. If no other special agreement is reached, the damaged Work must be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed.

ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES

SC 7.03. C. - Delete paragraph 7.03. C. in its entirety and insert the following in its place:

C. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site will be performed during regular working hours, Monday through Friday.

Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent.

1. Regular working hours will be 8:00 AM to 5:00 PM

2. Owner’s legal holidays are New Year's Day, Martin Luther King, Jr. Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day After Thanksgiving, Christmas Day, and Christmas Eve Day if it falls on a weekday.

SC 7.04. B. - Delete paragraph 7.04.B. in its entirety and insert the following in its place:

B. All materials and equipment incorporated into the Work will be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications must expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. The use of asbestos or asbestos-based fiber materials is prohibited in this Project.

SC 7.07 - Delete paragraph 7.07 in its entirety and insert the following in its place:

This Section is a MODIFIED version of EJCDC® C-800, Copyright © 2018 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents.

Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

7.07 - Concerning Subcontractors, Suppliers, and Others

B. Contractor may retain qualified, licensed, or certified, as required by Laws and Regulations, Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner.

A. Contractor will retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so.

B. Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain…