HomeMy WebLinkAboutProfessional Service Agreement with JC Constructors, Inc. And Fharmer Engineering, LLC for Reclaimed Water Booster Station~~i~E IDIAN~--
PilbilC IDAHO
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Clint Dolsby, P.E.
Mayor Tammy de Weerd
Ci~r Ceawsfl Membe~fe
Keith Bart!
Brad Haaglun
Charles Rountree
David Zaremba
DATE: January 19, 2010
SUBJECT: AGREEMENT FOR DESIGN BUILDER SERVICES WITH THE TEAM
OF JC CONSTRUCTORS, INC AND FHARMER ENGINEERING, LLC
FOR THE RECLAIMED WATER BOOSTER STATION AND
RESERVOIR Pi20JECT FOR ANOT-TO-EXCEED AMOUNT CIF
$2,251,050.00
I.
RECOMMENDED ACTION
A. Move to:
1. Approve the Agreement for design builder services with the team of JC
Constructors, Inc and Pharmer Engineering, LLC for the Reclaimed Water
Boaster Station and Reservoir Project in an amount not to exceed
$2,251,050.00; and
2. Authorize the Mayor to sign the agreement.
II.
III.
DEPARTMENT CONTACT PERSONS
Clint Dolsby, Asst. City Engineer (Project Manager)
Warren Stewart, PW Engineering Manager
Tom Barry, Director of Public `Works
DESCRIPTION
A. Background
489-0341
489-0350
489-0372
Page 1 of 4
Development of the Heroes Park water reuse facility and the draft Citywide
Permit has laid much of the conceptual groundwork for building a reclaimed
water program in the City of Meridian. In conjunction with the Reclaimed Water
Master Plan, the Reclaimed Water Booster Station and Reservoir Project will
provide a substantial part of the backbone that is necessary to expand the
Reclaimed Water Program in the City of Meridian.
B. Proposed Project
The purpose of this project is to provide effluent storage at the wastewater
treatment plant in support of the Class A Reclaimed Water Program and effluent
discharge linvt of 7.0 million gallons per day. The design build team of JC
Constructors and Pharmer Engineers was. selected to perform the work through a
request for proposals which received five responsive proposals. Class A
Reclaimed Water requires additional disinfection which will be accomplished in
the storage tanks, and a booster station is needed to convey the Class A
Reclaimed Water into the distribution system. This project is planned to be fast
tracked with construction completed in the early summer of 2010.
The funding for this project was approved in the fiscal year 2010 budget.
Following the approval of the FY2010 budget, the Public Works Department
performed an analysis of the reclaimed water distribution system and concluded a
pressurized system provides the most reliable and attractive water source to our
customers.
There is significant trepidation with regard to the operation of a pressurized
system in the thirty year old Boise River Outfall Pipeline. This pipeline has been
repaired several times between the wastewater plant and Heroes Park, and likely
will not hold pressure in the pressurized system. Options that exist. to alleviate
these concerns and increase the integrity of this pipeline are slip lining, -pipe
bursting or replacement, none of which were in the fiscal year 2010 budget far
this project. This addition to the project has precipitated the need for the approval
of a budget amendment for this project. to be approved with the attached
agreement.
C. Design Build Tearn Selection
The request for proposals for the Reclaimed Water Booster Station a»d Reservoir
Project received five responsive proposals.
• JC Constructors, Inc/Pharmer Engineering, LLC
• The Ewing Company/SPF Water Engineering
• HDR Design Build, Inc.
• McAlvain Design Build, Inc./Forsgren Associates, inc.
• Guho Corporation/The Land Group
Page ,t of 4
A selection team comprised of Public Works Staff ranked the proposals and the
team of JC Constructors, Inc and Phaxmer Engineering, LLC was chosen to
perfortxz the work.
IV.
v.
IMPACT
A. Stratei~pact:
This activity aligns with our department's vision of recycling and/or reusing
eighty percent of the waste stream. Water reclamation is one means of reusing
the waste stream, at the wastewater treatment plant. This combined with other
technologies such as biosolids management and beneficial reuse could help us
realize the City's vision for the year 2030.
B. ServicelDelivery Impact:
This project will provide the backbone for the reclaimed water program in the
City of Meridian. The reservoir and booster station will provide pressurized
reclaimed water to northwest Meridian in areas such as subdivisions, golf
courses, parks and the Ten Mile Interchange landscaping.
C. Fiscal Impact:
Project Costs
Negotiated Bid Amount
Project Funding
Reclaimed Water Booster Station and Reservoir (3590-96172)
Reclaimed Water BRO Outfall Line Retrofit(3590-96173)
Not-to-exceed $2,251,050
ALTERNATIVES
$2,17b,050
$7s,ooa
A. ~ The City could choose to not approve the budget amendment and alternatively
complete this work as originally budgeted for fiscal year 2010. Without the
benefit of a pressurized reclaimed water distribution system, the distribution
system would rely on storage ponds and individual pumping facilities. This
has the potential to increase the overall cost for this program and brings with it
many operational challenges and may limit potential customers.
B. The City could choose to delay or not perform this project. This would result
in the delay or cancellation of the startup of the Heroes Park Demonstration
project that is expected to be completed this spring. City water would be
utilized for the irrigation of the Ten Mile corridor. Heroes Park would likely
be imgated with irrigation district water. Additionally, the wastewater
treatment plant flaws would be -more likely to exceed the permit limit of 7.0
million gallons per day_
Page 3 of 4
VI. TIME CONSTRAINTS
The reclaimed water booster station and reservoir design build project has an
expected completion date of the early summer of 2010. Council's approval of the
Reclaimed Water Boaster Station and Reservoir Project agreement is critical to meet
this projected timeline and have the reclaimed water systems at Heroes Park and the
Ten Mile comdor online in the summer of 2010. Additionally, this project will
provide additional flexibility to meet the permitted effluent discharge limit of 7
million gallons per day at the wastewater treatment plant.
VII. LIST OF ATTACHMENTS
A. Agreement for Project 100dOC with JC Constructors, Inc. for the Reclaimed
Water Booster Station and Reservoir Project.
Approved for Council Agenda: ~ o
ate
Page 4 of 4
AGREEMENT
FOR
INDEPENDENT DESIGN-BUILD TEAM SERVICES
DESIGN -BUILD
THIS AGREEMENT FOR DESIGN-BUILD PROFESSIONAL SERVICES is
made this 26th day of January, 2010, and entered into by and between the City of
Meridian, a municipal corporation organized under the laws of the State of Idaho,
hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642,
and JC Constructors hereinafter referred to as "DESIGN-BUILD TEAM", whose
business address is 1305 Columbia Rd., Meridian, ID 83642, and whose Public Works
License # is 14336-U-1,2,3. JC Constructors is the lead in the design-build team and
has contracted with Pharmer Engineering, Inc. of Boise for the design of the project.
INTRODUCTION
Whereas, the City has a need for services involving Design Build
Construction Services described in Attachment A; and
WHEREAS, the Design-Build Team is specially trained, experienced and
competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
Scope of Work:
1.1 DESIGN-BUILD TEAM shall perform and furnish to the City upon
execution of this Agreement and receipt of the City's written notice to
proceed, all services and work, and comply in all respects, as specified in
the document titled "Scope of Work" a copy of which is attached hereto as
Attachment "A" and incorporated herein by this reference, together with
any amendments that may be agreed to in writing by the parties.
1.2 All documents, drawings and written work product prepared or
produced by the Design-Build Team under this Agreement, including
RECLAIM DESIGN-BUILD PROJECT - page 1 of 77
without limitation electronic data files, are the property of the Design-Build
Team; provided, however, the City shall have the right to reproduce,
publish and use all such work, or any part thereof, in any manner and for
any purposes whatsoever and to authorize others to do so. If any such
work is copyrightable, the Design-Build Team may copyright the same,
except that, as to any work which is copyrighted by the Design-Build
Team, the City reserves aroyalty-free, non-exclusive, and irrevocable
license to reproduce, publish and use such work, or any part thereof, and
to authorize others to do so.
1.3 The Design-Build Team shall provide services and work under this
Agreement consistent with the requirements- and standards established by
applicable federal, state and city laws, ordinances, regulations and
resolutions. The Design-Build Team represents and warrants that it will
perform its work in accordance with generally accepted industry standards
and practices for the profession or professions that are used in
performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the
Design-Build Team and any reports or opinions prepared or issued as part
of the work performed by the Design-Build Team under this Agreement,
Design-Build Team makes no other warranties, either express or implied,
as part of this Agreement.
1.4 Services and work provide by the Design-Build Team at the City's
request under this Agreement will be performed in a timely manner in
accordance with a Schedule of Work, which the parties hereto shall agree
to. The Schedule of Work may be revised from time to time upon mutual
written consent of the parties.
2. Consideration
2.1 The Design-Build Team shall be compensated on Lump Sum basis
as provided in Attachment B °Schedule of Values" attached hereto and by
reference made a part hereof aNot-to-Exceed amount of $2,251,050.00.
2.2 The Design-Build Team shall provide the City with a monthly
statement, as the work warrants, of fees earned and costs incurred for
services provided during the billing period and which correspond with the
Schedule of Values, which the City will pay within 30 days of receipt of a
correct invoice and approval by the City. The City will not withhold any
Federal or State income taxes or Social Security Tax from any payment
made by City to Design-Build Team under the terms and conditions of this
RECLAIM DESIGN-BUILD PROJECT - page 2 of 77
Agreement. Payment of all taxes and other assessments on such sums is
the sole responsibility of Design-Build Team.
2.3 Except as expressly provided in this Agreement, Design-Build
Team shall not be entitled to no receive from the City any additional
consideration, compensation, salary, wages, or other type of remuneration
for services rendered under this Agreement., including ,but not limited to,
meals, lodging, transportation, drawings, renderings or mockups.
Specifically, Design-Build Team shall not be entitled by virtue of this
Agreement to consideration in the form of overtime, health insurance
benefits, retirement benefits, paid holidays or other paid leaves of
absence of any type or kind whatsoever.
3. Team:
3.1 This agreement shall become effective upon execution by both
parties, and shall expire upon (a) completion of the agreed upon services
described in the Scope of Services, (b) June 12, 2010 or (c) unless
sooner terminated as provided below or unless some other method or
time of termination is listed in Attachment A. This Agreement shall
terminate automatically on the occurrence of (a) bankruptcy or insolvency
of either party of the Design-Build Team, or (b) sale of either party of the
Design-Build Teams business.
3.2 Should Design-Build Team default in the performance of this
Agreement or materially breach any of its provisions, City, at City's option,
may terminate this Agreement by giving written notification to Design-Build
Team.
3.3 Should City fail to pay Design-Build Team all or any par of the
compensation set forth in Attachment B of this Agreement on the date
due, Design-Build Team, at the Design-Build Team's option, may
terminate this Agreement if the failure is not remedied by the City within
thirty (30) days from the date payment is due.
3.4 This Agreement shall terminate automatically on the occurrence of
any of the following events:
a. Bankruptcy of insolvency of either party;
b. Sale of either party of the Design-Build Team's business; or
c. Death of either party of the Design-Build Team
RECLAIM DESIGN-BUILD PROJECT - page 3 of 77
4. Termination:
If, through any cause, DESIGN-BUILD TEAM, its officers, employees, or
agents fails to fulfill in a timely and proper manner its obligations under
this Agreement, violates any of the covenants, agreements, or stipulations
of this Agreement, falsifies any record or document required to be
prepared under this agreement, engages in fraud, dishonesty, or any
other act of misconduct in the performance of this contract, or if the City
Council determines that termination of this Agreement is in the best
interest of CITY, the CITY shall thereupon have the right to terminate this
Agreement by giving written notice to DESIGN-BUILD TEAM of such
termination and specifying the effective date thereof at least fifteen (15)
days before the effective date of such termination. DESIGN-BUILD
TEAM may terminate this agreement at any time by giving at least sixty
(60) days notice to CITY.
In the event of any termination of this Agreement, all finished or
unfinished documents, data, and reports prepared by DESIGN-BUILD
TEAM under this Agreement shall, at the option of the CITY, become its
property, and DESIGN-BUILD TEAM shall be entitled to receive just and
equitable compensation for any work satisfactorily complete hereunder.
Notwithstanding the above, DESIGN-BUILD TEAM shall not be relieved of
liability to the CITY for damages sustained by the CITY by virtue of any
breach of this Agreement by DESIGN-BUILD TEAM, and the CITY may
withhold any payments to DESIGN-BUILD TEAM for the purposes of set-
off until such time as the exact amount of damages due the CITY from
DESIGN-BUILD TEAM is determined. This provision shall survive the
termination of this agreement and shall not relieve DESIGN-BUILD TEAM
of its liability to the CITY for damages.
5. Independent Design-Build Team:
5.1 In all matters pertaining to this agreement, DESIGN-BUILD TEAM
shall be acting as an independent Design-Build Team, and neither
DESIGN-BUILD TEAM nor any officer, employee or agent of DESIGN-
BUILD TEAM will be deemed an employee of CITY. Except as expressly
provided in Attachment A, Design-Build Team has no authority or
responsibility to exercise any rights or power vested in the City and
therefore has no authority to bind or incur any obligation on behalf of the
City. The selection and designation of the personnel of the CITY in the
performance of this agreement shall be made by the CITY.
RECLAIM DESIGN-BUILD PROJECT - page 4 of 77
5.2 Design-Build Team, its agents, officers, and employees are and at
all times during the term of this Agreement shall represent and conduct
themselves as independent Design-Build Teams and not as employees of
the City.
5.3 Design-Build Team shall determine the method, details and means
of performing the work and services to be provided by Design-Build Team
under this Agreement. Design-Build Team shall be responsible to City
only for the requirements and results specified in this Agreement and,
except as expressly provided in this Agreement, shall not be subjected to
City's control with respect to the physical action or activities of Design-
Build Team in fulfillment of this Agreement. If in the performance of this
Agreement any third persons are employed by Design-Build Team, such
persons shall be entirely and exclusively under the direction and
supervision and control of the Design-Build Team.
6. Indemnification and Insurance:
DESIGN-BUILD TEAM shall indemnify and save and hold harmless CITY
from and for any and all losses, claims, actions, judgments for damages,
or injury to persons or property and losses and expenses and other costs
including litigation costs and attorney's fees, arising out of, resulting from,
or in connection with the performance of this Agreement by the DESIGN-
BUILD TEAM, its servants, agents, officers, employees, guests, and
business invitees, and not caused by or arising out of the tortuous conduct
of CITY or its employees. DESIGN-BUILD TEAM shall maintain, and
specifically agrees that it will maintain, throughout the term of this
Agreement, liability insurance, in which the CITY shall be named an
additional insured in the minimum amounts as follow: General Liability
One Million Dollars ($1,000,000) per incident or occur-ence, Professional
Liability / Professional errors and omissions One Million Dollars
($1,000,000) aggregate, Automobile Liability Insurance One Million
Dollars ($1,000,000) per incident or occurrence and Workers'
Compensation Insurance, in the statutory limits as required by law.. The
limits of insurance shall not be deemed a limitation of the covenants to
indemnify and save and hold harmless CITY; and if CITY becomes liable
for an amount in excess of the insurance limits, herein provided, DESIGN-
BUILD TEAM covenants and agrees to indemnify and save and hold
harmless CITY from and for all such losses, claims, actions, or judgments
for damages or injury to persons or property and other costs, including
litigation costs and attorneys' fees, arising out of, resulting from , or in
connection with the performance of this Agreement by the Design-Build
Team or Design-Build Team's officers, employs, agents, representatives
or subDesign-Build Teams and resulting in or attributable to personal
RECLAIM DESIGN-BUILD PROJECT - page 5 of 77
injury, death, or damage or destruction to tangible or intangible property,
including use of. DESIGN-BUILD TEAM shall provide CITY with a
Certificate of Insurance, or other proof of insurance evidencing DESIGN-
BUILD TEAM'S compliance with the requirements of this paragraph and
file such proof of insurance with the CITY at least ten (10) days prior to
the date Design-Build Team begins performance of it's obligations under
this Agreement. In the event the insurance minimums are changed,
DESIGN-BUILD TEAM shall immediately submit proof of compliance with
the changed limits. Evidence of all insurance shall be submitted to the
City Purchasing Agent with a copy to Meridian City Accounting, 33 East
Broadway Avenue, Meridian, Idaho 83642.
6.2 Any deductibles, self-insured retention, or named insureds must
be declared in writing and approved by the City. At the option of the City,
either: the insurer shall reduce or eliminate such deductibles, self-insured
retentions or named insureds; or the Design-Build Team shall provide a
bond, cash or letter of credit guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
To the extent of the indemnity in this contract, Design-Build Team's
Insurance coverage shall be primary insurance regarding the City's
elected officers, officials, employees and volunteers. Any insurance or
self-insurance maintained by the City or the City's elected officers,
officials, employees and volunteers shall be excess of the Design-Build
Team's insurance and shall not contribute with Design-Build Team's
insurance except as to the extent of City's negligence.
The Design-Build Team's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
6.4 All insurance coverages for subDesign-Build Teams shall be
subject to all of the insurance and indemnity requirements stated herein.
6.5 The limits of insurance described herein shall not limit the liability of
the Design-Build Team and Design-Build Team's agents, representatives,
employees or subDesign-Build Teams.
7. Bonds: Payment and Performance Bonds are required prior to execution
to this agreement and must be in place throughout construction.
RECLAIM DESIGN-BUILD PROJECT - page 6 of 77
8. Notices: Any and all notices required to be given by either of the parties
hereto, unless otherwise stated in this agreement, shall be in writing and
be deemed communicated when mailed in the United States mail,
certified, return receipt requested, addressed as follows:
City of Meridian
Purchasing Agent
33 E. Broadway Avenue
Meridian, Idaho 83642
JC Constructors. Inc
Attn: Jim Cox
1305 Columbia Rd.
Meridian, ID 83642
Idaho Public Works License #: 14336-U-1,2,3
Either party may change their address for the purpose of this paragraph
by giving written notice of such change to the other in the manner herein
provided.
9. Attorney Fees: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and
reasonable attorneys' fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract
between the parties and shall survive any default, termination or forfeiture
of this Agreement.
10. Time is of the Essence: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term,
condition and provision hereof, and that the failure to timely perform any
of the obligations hereunder shall constitute a breach of, and a default
under, this Agreement by the party so failing to perform.
11. Assignment: It is expressly agreed and understood by the parties
hereto, that DESIGN-BUILD TEAM shall not have the right to assign,
transfer, hypothecate or sell any of its rights under this Agreement except
upon the prior express written consent of CITY.
12. Discrimination Prohibited: In performing the Work required herein,
DESIGN-BUILD TEAM shall not unlawfully discriminate in violation of any
federal, state or local law, rule or regulation against any person on the
basis of race, color, religion, sex, national origin or ancestry, age or
disability.
RECLAIM DESIGN-BUILD PROJECT - page 7 of 77
13. Reports and Information:
13.1 At such times and in such forms as the CITY may require, there
shall be furnished to the CITY such statements, records, reports, data and
information as the CITY may request pertaining to matters covered by this
Agreement.
13.2 Design-Build Team shall maintain all writings, documents and
records prepared or compiled in connection with the performance of this
Agreement for a minimum of four (4) years from the termination or
completion of this or Agreement. This includes any handwriting,
typewriting, printing, photo static, photographic and every other means of
recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
14. Audits and Inspections: At any time during normal business hours and
as often as the CITY may deem necessary, there shall be made available
to the CITY for examination all of DESIGN-BUILD TEAM'S records with
respect to all matters covered by this Agreement. DESIGN-BUILD TEAM
shall permit the CITY to audit, examine, and make excerpts or transcripts
from such records, and to make audits of all contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
15. Publication, Reproduction and Use of Material No material produced
in whole or in part under this Agreement shall be subject to copyright in
the United States or in any other country. The CITY shall have
unrestricted authority to publish, disclose and otherwise use, in whole or in
part, any reports, data or other materials prepared under this Agreement.
16. Compliance with Laws: In performing the scope of work required
hereunder, DESIGN-BUILD TEAM shall comply with all applicable laws,
ordinances, and codes of Federal, State, and local governments.
17. Changes: The CITY may, from time to time, request changes in the
Scope of Work to be performed hereunder. Such changes, including any
increase or decrease in the amount of DESIGN-BUILD TEAM'S
compensation, which are mutually agreed upon by and between the CITY
and DESIGN-BUILD TEAM, shall be incorporated in written amendments
which shall be executed with the same formalities as this Agreement.
18. Construction and Severability: If any part of this Agreement is held to
be invalid or unenforceable, such holding will not affect the validity or
RECLAIM DESIGN-BUILD PROJECT - page 8 of 77
enforceability of any other part of this Agreement so long as the remainder
of the Agreement is reasonably capable of completion.
19. Waiver of Default: Waiver of default by either party to this Agreement
shall not be deemed to be waiver of any subsequent default. Waiver or
breach of any provision of this Agreement shall not be deemed to be a
waiver of any other or subsequent breach, and shall not be construed to
be a modification of the terms of this Agreement unless this Agreement is
modified as provided above.
20. Advice of Attorney: Each party warrants and represents that in
executing this Agreement. It has received independent legal advice from
its attorney's or the opportunity to seek such advice.
21. Entire Agreement: This Agreement contains the entire agreement of the
parties and supersedes any and all other agreements or understandings,
oral of written, whether previous to the execution hereof or
contemporaneous herewith.
22. Applicable Law: This Agreement shall be governed by and construed
and enforced in accordance with the laws of the State of Idaho, and the
ordinances of the City of Meridian.
23. Approval Required: This Agreement shall not become effective or
binding until approved by the City of Meridian.
24. Order of Precedence: In the occurrence of a conflict between the
documents of this agreement The order of precedence for this
agreement shall be as follows:
• Terms and Conditions of pages 1-10 of this agreement.
• Facility Performance Requirements.
• City Capital Improvement Projects Water Pollution Control
Requirements.
• Supplementary Conditions (Modified from the Engineers Joint
Contract Documents).
• Standard General Conditions of the Contract Between Owner and
Design Builder (Issued jointly by ACEC, NSPE, & ASCE).
RECLAIM DESIGN-BUILD PROJECT - page 9 of 77
CITY OF MERIDIAN
_G
BY:
TAMM d WEERD, MAYOR
Dated: 1-ZCo - Zo 1 c 7
Approved by Council:
JC CONSTRUCTORS, INC.
.-
BY: J m ox
Dated: ~ ~-S ~ ~ D
a®! c~
Attest: ~~~~~,,,,,,.,,,,-,,,,~
. ~ Teo
JAYCE . HOLMAN, CITY CLLR 3~AL _
~G o`7
,~
•%9~ T1S~~ ~O`~Q
iii ' ~.` `ems
Approved as to Content ~''.,,CCUI1lTY . ~p`\`~~ Public Works Department
~~~~~~---~ nt~~~~~`` Approval
BY:
KEIT S, PURC ASING AGENT
Dated: ~' ~,~ ~t/d
BY: ~~ ~~
NAME: Ll;n~ bo\ib~~
TITLE: ASS~St~ CC~~r,~ EnG~~eRr
Approved as to Form
CITY ATTORNEY
Dated: ~ ~ZZ ~io
RECLAIM DESIGN-BUILD PROJECT - page 10 of 77
Attachment A
SCOPE OF SERVICES
This Scope of Services contains the following:
• City Capital Improvement Projects Water Pollution Control Requirements
• Standard General Conditions of the Contract Between Owner and Design
Builder (Issued jointly by ACEC, NSPE, & ASCE)
• Supplementary Conditions (Modified from the Engineers Joint Contract
Documents)
• Facility Performance Requirements
RECLAIM DESIGN-BUILD PROJECT - page 11 of 77
ATTACHMENT "A"
CITY CAPITAL IMPROVEMENT PROJECTS
WATER POLLUTION CONTROL
GENERAL
Water pollution control work shall conform to the provisions in the latest edition of the
City of Meridian Construction Storm Water Management Plan (CSWMP).
The Contractor may obtain other National Pollutant Discharge Elimination System
(NPDES) permits that apply to activities and mobile operations within or outside of the
project limits including asphalt batch plants, material borrow areas, concrete plants,
staging areas, storage yards, or access roads.
The Contractor shall perform water pollution control work in conformance with the
requirements in the Construction General Permit (CGP) and its addenda in effect on the
day Notice of Award is dated.
The CGP and other references for performing water pollution control work are available
from the Environmental Protection Agency's (EPA) web site at:
http://www. epa.gov/ebtpaaes/watestormwater. htm I
EROSION AND SEDIMENT CONTROL PLANS
For City Capital Improvement Projects constructed entirely within the Ada County
Highway District (ACRD) right-of-way the Contractor shall prepare an Erosion and
Sediment Control Plan to meet ACHD's storm water management requirements
identified in the District's Municipal Separate Storm Sewer System (MS4) permit.
In addition, for Capital Improvement Projects that disturb less than 1 acre and therefore
do not require coverage under the CGP, the City requires the Contractor to develop an
Erosion and Sediment Control Plan (ESCP) to proactively manage storm water from the
construction project. The ESCP will be a simplified version of the SWPPP associated
with larger projects and include the following components:
^ Project name, location map, and responsible Contractor;
^ Project description;
^ Identification of potential impacts on water quality; and,
^ Plan drawings depicting storm water management strategy, including the
management of wastes and non-storm water discharges.
The ESCP wilt be submitted prior to the beginning of construction activities for City
approval. The Public Works staff will review and approve the ESCP prior to the
D-1
f:\purchasing\bid's - projects\2009-2010\reclaimed water booster station and reservoir\designbuild rfp\contract\attachment a stormwater
management specification.doc
beginning of construction. The ESCP shall be updated as required throughout
construction phase using a similar amendment process to that for SWPPPs. The ESCP
will be active on each Capital Improvement Project until the City accepts the work.
STORM WATER POLLUTION PREVENTION PLAN
The Contractor shall submit a Storm Water Pollution Prevention Plan (SWPPP) to the
Project Manager for approval. The SWPPP must follow the formatting of the latest EPA
SWPPP Template and must be site specific. The SWPPP shall conform to the
requirements in the CGP. The SWPPP shall include water pollution control practices:
A. For storm water and non-storm water from areas within and outside of the
job site related to construction activities for this contract such as:
1. Staging areas.
2. Storage yards.
3. Access roads.
4. Disturbed areas.
The SWPPP shall include a schedule that:
A. Describes when work activities that could cause water pollution will be
performed.
B. Identifies soil stabilization and sediment control practices for disturbed soil
area.
C. Includes dates when these practices will be complete.
The SWPPP shall include temporary water pollution control practices and their
associated contract items of work as shown on the plans or specified in these special
provisions.
Within 20 days after contract approval, the Contractor shall submit one copy of the
SWPPP to the City. The Contractor shall allow 10 days for the City's review. If
revisions are required, the City will provide comments and specify the date that the
review stopped. The Contractor shall revise and resubmit the SWPPP within 15 days of
receipt of the City's comments. The City's review will resume when the complete
SWPPP is resubmitted. When the City approves the SWPPP, the Contractor shall
submit four copies of the approved SWPPP to the City. Upon completion of an initial
project SWPPP that is approved by the City, the City and the Contractor shall submit
separate Notices of Intent to EPA Region 10.
The Contractor shall not perform work that may cause water pollution until the SWPPP
has been approved by the City, both the Contractor and the City meet the 7-day waiting
period after filing separate NOIs, and a preconstruction SWPPP inspection with the
D-2
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stormwater management specification.doc
Contractor and City has been conducted. The City's review and approval shall not
waive any contract requirements and shall not relieve the Contractor from complying
with Federal, State and local laws, regulations, and requirements.
The Contractor shall amend the SWPPP as required throughout the project to meet site
requirements.
If there is a change in construction schedule or activities, the Contractor shall prepare
an amendment to the SWPPP to identify additional or revised water pollution control
practices. The Contractor shall submit the amendment to the City for review within a
time agreed to by the City not to exceed the number of days specified for the initial
submittal of the SWPPP. The City will review the amendment within the same time
allotted for the review of the initial submittal of the SWPPP.
If directed by the City or requested in writing by the Contractor and approved by the
City, changes to the water pollution control work specified in these special provisions
will be allowed. Changes may include addition of new water pollution control practices.
The Contractor shall incorporate these changes in the SWPPP.
The Contractor shall keep a copy of the approved SWPPP at the job site. The SWPPP
shall be made available when requested by a representative of the EPA; a state, tribal
or local agency approving sediment and erosion plans, grading plans, or storm water
management plans; local government officials; the operator of a municipal separate
storm sewer receiving discharges from the site; and representatives of the U.S. Fish
and Wildlife Service or the National Marine Fisheries Service to the requestor.
Requests from the public shall be directed to the City.
IMPLEMENTATION REQUIREMENTS
The Contractor's responsibility for SWPPP implementation shall continue throughout
any temporary suspension of work ordered by the City.
The Contractor shall provide qualified personnel with applicable training certification to
draft SWPPP, conduct and record inspections, and to meet other permit requirements.
A qualified preparer of the SWPPP shall either be certified through the International
Erosion Control Association as a Certified Professional in Erosion and Sediment Control
or Certified Professional in stormwater Quality; or have completed a minimum 4-hour
stormwater Resident Engineer or SWPPP preparation training in the past 12-months
through the Owner, Idaho Transportation Department, or other government agency. A
copy of the certification shall be provided in the SWPPP.
At a minimum, the Owner and the Contractor shall sign and certify the SWPPP and all
associated stormwater management documentation in accordance with the CGP. If the
ranking corporate officer does not sign the SWPPP and all associated stormwater
management documentation, then they must be signed by a duly authorized person so
designated by the Contractor in a formal letter on corporate letterhead.
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If the Contractor or the City identifies a deficiency in the implementation of the approved
SWPPP, the deficiency shall be corrected immediately, unless an agreed date for
correction is approved in writing by the City. The deficiency shall be corrected before
the onset of precipitation. If the Contractor fails to correct the deficiency by the agreed
date or before the onset of precipitation, the City may correct the deficiency and deduct
the cost of correcting deficiencies from payments.
If the Contractor fails to conform to the provisions of this section, "Water Pollution
Control," the City Inspector or Project Manager may order the suspension of work (at
Contractor's expense) until the project complies with the requirements of this section.
The Contractor shall construct water pollution control items identified in the SWPPP.
The Contractor shall maintain the water pollution control items until the City has
accepted the project and the Contractor has filed an NOT with the EPA. The Contractor
can only file an NOT after receiving authorization to do so by the City.
Year-Round
The Contractor shall monitor the National Weather Service weather forecast on a daily
basis during the contract. The Contractor may use an alternative weather forecasting
service if approved by the Project Manager. Appropriate water pollution control
practices shall be in place before precipitation.
The Contractor may discontinue earthwork operations for a disturbed area for up to 14
days and the disturbed soil area will still be considered active. When earthwork
operations in the disturbed area have been completed, the Contractor shall implement
appropriate water pollution control practices within 14 days, or before predicted
precipitation, whichever occurs first.
INSPECTION AND MAINTENANCE
Weekly storm water management inspections will be conducted on Capital
Improvement Project construction sites. The Contractor and the City will perform
weekly storm water management inspections together. The City's SWPPP Construction
Inspection Form will be completed, including signatures, during the weekly storm water
management inspection. The Contractor shall inspect the water pollution control
practices identified in the SWPPP as follows:
A. Before a forecasted storm,
B. After precipitation that causes site runoff,
C. At 24-hour intervals during extended precipitation,
D. On a predetermined schedule, a minimum of once a week
The Contractor shall oversee the maintenance of the water pollution control practices.
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REPORTING REQUIREMENTS
If the Contractor identifies discharges into surface waters or drainage systems causing
or potentially causing pollution, or if the project receives a written notice or order from a
regulatory agency, the Contractor shall immediately inform the City Inspector and
Project Manager. The Contractor shall submit a written report to the Project Manager
within 7 days of the discharge, notice or order. The report shall include the following
information:
A. The date, time, location, and nature of the operation, type of discharge
and quantity, and the cause of the notice or order.
B. The water pollution control practices used before the discharge, or before
receiving the notice or order.
C. The date of placement and type of additional or altered water pollution
control practices placed after the discharge, or after receiving the notice or
order.
D. A maintenance schedule for affected water pollution control practices.
PROJECT COMPLETION
The City may authorize the Contractor from further storm water management
obligations once the construction is completed. Contractor must submit a completed
"Contractor Request to File Project Notice of Termination" for City review. The
Contractor Request to File Project Notice of Termination is included in Appendix F of
the City's CSWMP. Upon completion of construction, the Contractor may submit their
NOT thereby shifting responsibility for final stabilization to the City. The NOT serves as
notification that construction activities with a potential to release pollutants are complete
and that the construction site is stabilized in accordance with the provisions of the CGP.
END OF PROJECT DOCUMENTATION
Before the City accepts the project and before final payment, contractor must supply the
City with a copies of all storm water management documentation associated with the
project including the SWPPP, completed inspection forms and any other documentation
to meet the requirements of the CGP . The copies must be in color, hole punched and
inserted into a hard cover three ring binder, and must follow the formatting of the EPA
SWPPP template.
PAYMENT
During each estimate period the Contractor fails to conform to the provisions in this
section, "Water Pollution Control," or fails to implement water pollution control practices
the City may withhold payment.
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The contract lump sum price presented in the schedule of values for preparing and
implementing the storm water pollution prevention plan shall include full compensation
for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the
work involved in preparing, obtaining approval of, and amending the SWPPP, as
specified in the Standard Specifications and these special provisions, and as directed
by the City or City's Duly Authorized Representative. The contract lump sum price is a
fixed price and any changes to the project for additional storm water pollution prevention
to comply with the CGP after the start of construction will be at the Contractor's
expense.
Payments for storm water pollution prevention will be made as follows:
A. Upon City approval of the SWPPP and a preconstruction SWPPP Inspection
with a Project Compliance rating of 1, 50 percent of the contract item price for
storm water pollution prevention may be included in Contractors progress
payment request.
B. Upon City acceptance of the project, the remaining 50 percent of the contract
item price for storm water pollution prevention may be included in
Contractor's progress payment request.
Implementation of water pollution control practices in areas outside the project limits not
specifically provided for in the SWPPP or in these special provisions will not be paid for.
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This document has important legal consequences; consulta#ion with an attorney is encouraged with respect to its use or
modificakion. This document should be adapted to the particular circumstances of the contemplated Project and the Cotitrollin
Law.
STANDARD GENERAL CONDITIONS OF THE
CONTRACT BETWEEN
OWNER AND DESIGN/BUILDER
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly by
A C E C xational Society of
Profesatanel Ea7giTnt3erss
Aucvraa t'ni.~.rn ne Fw.eti Ros• 1'tivrwn. l+roresaio~a~Erlpire:usiQ PNYBId ~~~
`ti
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN COUNCIL OF ENGINEERING COMPANIES
AMERICAN SOCIETY OF CIVIL ENGINEERS
~~~~~~
A~yl4wn ~kM N C4+d.Kelf~~
~'~ EJCDC D-~00 Standard General Conditions of the Contract Between O-vner and DesignBpilder _
Copyright.®2002 National Soctety of Professional Engi~rcers for EJCDC. All rights rescn~cd.
These General Conditions have been prepared for use with either one of the two Agreements behveen Owner and Design/Builder
(Nos. D-520 and D-525, 2002 Editions) of the Engineers Joint Contract Documents Committee. Their provisions are interrelated
and a change in one may necessitate a change in the others. The suggested language and instructions contained in the Guide to
Use of EJCDC DesignBuild Documents {No. D-OOI, 2002 Edition) is also carefully interrelated with the language of these
General Conditions. The Guide also contains comments concerning the use of the General Conditions.
Copyright ®2002 Nations! Society of Professional Engineers
1420 King Street, Alexandria, VA 22314-2794
American Council of Engineering Companies
101515th Street N.W., Washington, DC 20005
American Society of Civil Engineers
1801 Alexander Sell Drive, Reston, VA 20191-4400
t EJCDCb-700 StanQnrd General Conditions of the Controct Behveen Owner and Des[goBuildcr ~ _. ~ =~` _
Copyrig6~®2002 Nntional~Soclcty of Praresslo~mi Engineers for EJCDC. All rights reserved. _ -
TABLE OF CONTENTS
Page
ARTICLE 1-DEFINITIONS AND TERMINOLOGY ....................................................................................................................1
1.01 Defined Terms .......................................................................................................................................................................
1.02 Terminology .................................................................................................................. ....................................................3
.....
ARTICLE 2 --PRELIMINARY MATTERS ......................................................................................................................................4
2.01 Delivery of Bonds ..................................................................................................................................................................4
2.02 Commencement of Contract Times; Notice to Proceed .........................................................................................................4
2.03 Starting the Work ...................................................................................................................................................................4
2.04 Before Starting the Work .......................................................................................................................................................4
2.05 Initial Conference .................................................................................................................................................................4
2.06 Initial Acceptance of Schedules ..........................................................................:..................................................................4
ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, R,EUSE ..............................................................................5
3.01 Intent ......................................................................................................................................................................................5
3.02 Reference Standards ...............................................................................................................................................................5
3.03 Resolving Discrepancies ........................................................................................................................................................5
3.04 Amending and Supplementing Contract Documents .............................................................................................................5
3.05 Reuse of Documents ..............................................................................................................................................................6
3.06 Electronic Data .......................................................................................................................................................................6
ARTICLE 4 -AVAILABILITY OF LANDS; DIFFERING SITE CONDITIONS; REFERENCE POINTS; HAZARDOUS
ENVIRONMENTAL CONDITIONS .................................................................................................................................................6
4.01 Availability of Lands .............................................................................................................................................................6
4.02 Differing Site Conditions .......................................................................................................................................................6
4.03 Reference Points ....................................................................................................................................................................7
4.04 Hazardous Environmental Condition at Site ..........................................................................................................................7
ARTICLE 5 -BONDS AND INSURANCE ............................ .......................................................................................................7
S.OI Performance, Payment and Other Bonds ...............................................................................................................................8
5.02 Licensed Sweties and Insurers ...............................................................................................................................................8
5.03 Certificates of Insurance ........................................................................................................................................................8
5.04 DesignlBuilder's Liability Insurance ......................................................................................................................................$
5.05 Owner's Liability Insurance ...................................................................................................................................................9
5.06 Property Insurance .................................................................................................................................................................9
5.07 Waiver of Rights ..................................................................................................................................................................10
5.08 Receipt and Application of Insurance Proceeds ...................................................................................................................10
5.09 Acceptance of Bonds and Insurance; Option to Replace ..................................................................................................... l l
5.10 Partial Utilization, Acknowledgment of Property Insurance ...............................................................................................11
ARTICLE 6 - DESIGNBUILDER'S RESPONSIBII.ITIES ........................................................................................................... I 1
6.01 Design Professional Services ...............................................................................................................................................11
6.02 Supervision and Superintendence of Construction .............................................................................................................. IZ
6.03 Labor, Working Hours .........................................................................................................................................................12
6.04 Services, Materials, and Equipment .....................................................................................................................................I2
.6.05 Progress Schedule ................................................................................................................................................................12
6.06 Concerning Subcontractors, Suppliers and Others .........................................................:.....................................................12
6.07 Patent Fees and Royalties ....................................................................................................................................................13
6.08 Permits' .................................................................................................................................................................................13
6.09 Laws or Regulations ............................................................................................................................................................13
6.10 Taxes ....................................................................................................................................................................................14
6.11 Use of Site and Other Areas .................................................................................................................................................14
6.12 Record Documents ...............................................................................................................................................................14
6.13 Safety and Protection ...................................................................................................................................:....................... [ 4
6.I4 Safety Representative ....................... ...............................................................................................................................15
.....
6.15 Hazard Communication Programs .......................................................................................................................................15
6.16 Emergeneies . .....................................................................................................................................................................IS:_
_..-..
6.17 Submittals ............................................................................................................................................................................15 _ ..
6.18 Continuing the Work ............................................................................................................................................................1 S
6.19 Post-Construction Phase ...................................................................................................................... ....................... i5
x.20 DesignBuilder's General Warranty and Guarantee .............................................................................................................16
6.71 Indemnification ............................................... ...............................................................................................................16 -- _.. _
,ti ' ~ EJCDC D-?00 StBtnQard General Cond[tIoos of the CoatraM Bchveen Owner and D~ignlBulldar - ,~ . ~ ~° _
Copyrighs•®2002 Nutionn]'Socicty of Professional Engineers for EJCDC. All rights reserved. -
ARTICLE 7 -OTHER CONSTRUCTION ...................................................................................................................................... 16
7.01 Related Work at Site ......................................................................................................................................................... ... l 6
7.02 Coordination .............................. ........................................................................................................................ ....17
ARTICLE 8 -OWNER'S RESPONSIBILITIES .............................................................................................................................17
8.01 General .................................................................................................................................................................................17
8.02 Insurance ..............................................................................................................................................................................18
8.03 Limitations on Owner's Responsbilities ..............................................................................................................................18
8.04 Undisclosed Hazardous Envirorunental Condition ..............................................................................................................18
8.05 Resident Project Representation ........................................................................................................................................ .. 18
8.06 Owner's Consultant ............................................................................................................................................................ ..IS
ARTICLE 9 - CHANGES IN THE WORK; CLAIMS ............................................................................................................... .
... .18
.
9.01 Authorized Changes in the Work ....................................................................................................................................... ..18
9.02 Unauthorized Changes in the Work ................................................................................................................................... ..18
9.03 Claims ................................................................................................................................................................................ ..18
9.04 Execution of Change Orders .............................................................................................................................................. ..19
9.05 Notice to Sureties ............................................................................................................................................................... ..19
ARTICLE 10 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK ........................................................... ..19
10.01 Cost of the Work ...................................................................................................................................................:.......... ..19
10.02 Cash Allowances .............................................................................................................................................................. ..21
10.03 Unit Prices ........................................................................................................................................................................ ..21
ARTICLE 11- CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ......................................................... ..2I
11.0 I Change of Contract Price ................................................................................................................................................. ..21
11.02 Change of Contract Times ..............................................:................................................................................................ ..22
ARTICLE 12 -TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE
CONSTRUCTION ...........................................................................................................................................................................23
12.OI Notice of Defects ...............................................................................................................................................................23
12.02 Access to Construction .......................................................................................................................................................23
12.03 Tests and Inspections .........................................................................................................................................................Z3
12.04 Uncovering Construction ...................................................................................................................................................23
12.05 Owner May Stop Construction ...........................................................................................................................................23
12.06 Correction or Removal of Defective Construction .............................................................................................................23
12.07 Correction Period ...............................................................................................................................................................24
12.08 Acceptance of Defective Construction .............................................................................................................................. .24
12.09 Owner May Correct Defective Construction .................................................................................................................... .24
ARTICLE 13 -PAYMENTS TO DESIGNBUILDER AND COMPLETION .............................................................................. .25
13.OI 5cheduie of Values .......................................................................................................................................:................... .ZS
13.02 Application for Progress Payment .................................................................................................................................... .25
13.03 Progress Payments ............................................................................................ ..
.............................................................. .ZS
13.04 DesignBuilder's Warranty of Title ................................................................................................................................... .26
13.05 Substantial Completion ..................................................................................................................................................... .26
13.06 Partial Utilization .............................................................................................................................................................. .26
13.07 Final lnspection ................................................................................................................................................................. .26
13.08 Final Payment ................................................................................................................................................................... .27
13.09 Final Completion Delayed ................................................................................................................................................ .27
13.10 Waiver of C[aims ............................................................................................................................................................. .27
ARTICLE 14 -SUSPENSION OF WORK AND TERMINATION ...............................................................................................27
14.01 Owner May Suspend Work ................................................................................................................................................27
14.02 Owner May Terminate for Cause .......................................................................................................................................28
14.03 Owner May Terminate for Convenience ............................................................................................................................2$
14.04 Design/Builder May Stop Work or Terminate ................................................................................................................... 28
ARTICLE I S -DISPUTE RESOLUTION ...................................................................................................................................... 29
ARTICLE 16 -MISCELLANEOUS ............................................................................................................................................... 29
16.01 Giving Notice .................................................................................................................................................................. 29
16.02 Computation of Times ................................................................................................................................_............~........ 2R ...,,~ ~.: -
I6.03 Cumulative Remedies ........................................................................................................................................................ 29 -_'
16.04 Survival of Obligations ...................................................................................................................................................... 29
16.05 Controlling Law ................................................................................................................................................................. 29
EJCDC D-700 Stond~rd General Conditions of the Contract Behvicen Owner and DesignlBnildcr ~ . ~ ='~
~, . .
Copyrigh7(~2002 NatlonaTSoclefy of Proresslonal Engincors for EJCDC. All rights reserved. - -
STANDARD GENERAL CONDITIONS OF THE
CONTRACT BETWEEN
OWNER AND DESIGN/BUILDER
ARTICLE l --DEFINITIONS AND TERMINOLOGY
Request for Proposals which show or describe the
character and scope of, or relate to, the Work to 6e
performed or furnished and which have been prepared by
or for Owner.
1.O1 Dotlned Terms
A. Wherever used in the Contract Documents and
printed with initial or all capital letters, the following terms
have the meanings indicated which are applicable to both the
singular and plural thereof:
1. Addenda -Written or graphic instruments
issued prior to the opening of Proposals which clarify,
wrrect or change the Request for Proposals or the
Contract Documents.
2. Agreement -The written instrument which is
evidence of the agreement between Owner and
DesignBuilder covering the Work.
3. Applicatiost for Payment -The form which is to
be used by DesignBuilder in requesting progress or final
payments and which is to be accompanied by such
supporting documentation as is required by the Contract
Documents.
4. Asbestos -Any material that contains more than
one percent asbestos and is friable or is releasing asbestos
fibers into the air above current action Ieveis established
by the United States Occupational Safety and Health
Administration.
5. Bonds - Performance and payment bonds and
other instruments of security.
6. Change Order - A written order which is
signed by DesignBuilder and Owner which authorizes an
addition, deletion or revision in the Work, or an adjustment
in the Contract Price or the Contract Times, issued on or
after the Effective Date ofthe Agreement.
7. Claim - A demand or assertion by Owner or
Design/Builder seeking an adjustment of Contract Price or
Contract Times, or both, or other relief with respect to the
terns of the Contract. A demand for money or services by
a third party is not a claim.
8. - Co»ceptual Docufrrents -The drawings and
specifications and/or other graphic or written materials,
criteria and information concerning Owner's requirements
for the Project, such as design objectives and constraints,
' space, capacity and performance requirements, flexibility
add expandability, including those items enumerated in the
9. Constnrctiorr -The result of performing or
furnishing of labor, the famishing and incorporating of
materials and equipment into the Work and the furnishing
of serrrices (other than Design Professional Services) and
documents, all as required by the Contract Documents:
10. Construction Subagreement - A written
agreement between Design/Builder and a construction
Subcontractor for provision of Construction.
11. Contract -The entire and integrated written
agreement between Owner and Design/Builder concerning
the Work. The Contract supersedes prior negotiations,
representations, or agreements, whether written or oral.
12. Contract Documents - Those items so
designated in the Agreement. Only printed or hard copies
of the items listed in the Agreement are Contract
Documents.
13. Contract Price -The moneys payable by
Owner to DesignBuilder for completion of the Work in
accordance with the Contract Documents.
14. t:,o~rtract Times -The numbers of days or the
dates stated in the Agreement to (i) achieve Substantial
Completion, and (ii} complete the Work so that it is
ready for final payment in accordance with paragraph
13.08.
15. Design/Builder -The individual or entity with
whom Owner has entered into the Agreement.
16. Design Subagreemend - A written agreement
between Design/Builder and a design professional for
provision of Design Professional Services.
17. Design Professional Services -Services related
to the preparation of Drawings, Specifications, and other
design submittals specified by the Contract Documents and
required to be performed by licensed design professionals,
as well as other services provided by or for licensed design
professionals during Bidding/Negotiating,_Consavctian, or_ . ,~.~..<.-
Operational phases. " ~'
18. Drawtrrgs -Those portions of the Contract
Documents prepared by or for Design/Builder and
approved by Owner consisting of drawings, diagrams, ._ . _ _
yd ,~ E.1CDC D 7QD.$tandard General Condttioas art6e Contract Bet<rcca IJtvncr anti Design/tiuilder ---~-.
. CopgrtghX ®2062 National Society or Profc~ional Eagincers for EJCDC. AU rig6is reserved. - .- . '~ '"'- -
~ - -
illustrations, schedules and other data which show the
scope, extent, and character of the Work.
19. Effective Date of the Agreement -The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated it means the date on which
the Agreement is signed and delivered by the Iast of the
two pardies to sign and deliver.
20. Field Order - A written order issued by Owner
which orders minor changes in the Work but which does
not involve a change in the Contract Price or the Contract
Times.
21. Hazardous Etrvfronmental Condition -The
presence at the Site of Asbestos, Hazardous Waste, PCB's,
Petroleum Products or Radioactive Materials in such
quantities or circumstances that may present a substantial
danger to persons or property exposed thereto on
connection with the Work.
22. Hazardous YYaste -The term Hazardous Waste
shall have the meaning provided in Section 1004 of the
Solid Waste Disposal Act {42 USC Section 6903) as
amended from time to time.
23. Laws or Regulations -Any and al[ applicable
laws, rules, regulations, ordinances, codes, and orders of
any and all governmental bodies, agencies, authorities and
courts having jurisdiction.
24. Liens -Charges, security interests or encum-
brances upon real property or personal property.
25. Milestone - A principal event specified in the
Contract Documents relating to an intermediate
completion date or time prior to Substantial Completion of
all the Work.
26. Notice of Award -The written notice by Owner
to the successful proposer stating that upon wmpliance by
the successful proposer with the conditions precedent
included therein, within the time specified, Owner will
sign and deliver the Agreement.
27. Notice to Proceed - A written notice given by
Owner to DesignBuiider fixing the date on which the
Conhact Times will commence to run and on which
DesignBuilder shall start to perform the Work.
28. Owner -The individual or entity with whom
DesignlBuilder has entered into the Agreement and for
whom the Work is to be performed
29. Owner's Consultant - An individual or entity
with whom the•Owner may contract to furnish services to
Owner with respect to the Project and who is identified as
_ such in the Supplementary Conditions.
30. Partial Utilization -Use by Owner of a
substantially completed part of the Work for the purpose
for which it is intended (or a related purpose) prior to
Substantial Completion of all the Work. J
31. PCBs -Polychlorinated biphenyls.
32. Petroleum -Petroleum, including crude oil or
any fraction thereof which is liquid at standard conditions
of temperature and pressure (60 degrees Fahrenheit and
14.7 pounds per square inch absolute), such as oil,
petroleum, fuel oil, oil sludge, oil refuse, gasoline,
kerosene, and oil mixed with other non-Hazardous Wastes
and crude oils.
33. Project -The total constrrction of which the
Work to be provided under the Contract Documents may
be the whole, or a part as indicated elsewhere in the
Contract Documents.
34. Proposal - The documents submitted by
Design/Builder in response to the Request for Proposals
setting forth the design concepts, proposed prices, and
other conditions far the Work to be performed.
35. Radioactive Material -Source, special nuclear,
or byproduct material as defined by the Atomic Energy
Act of 1954 {42 USC Section 2011 et seq.) as amended
from time to time.
36. Request for Proposals -- The document prepared
by or for Owner specifying .and describing Owner's
objectives and the procedure to be followed in preparing
and submitting a Proposal and awarding a contract.
37. Resident Project Representative - The
authorized representative of Owner who may be assigned
to the Site or any part thereof.
38. Schedule of lralues - A schedule prepared by
Design/Bm'Ider and acceptable to _Owner indicating that
portion of the Contract Price to be paid for each major
component of the Work.
39. Site -Lands or other areas designated in the
Contract Documents as being famished by Owner upon
which Construction is to be performed, including rights-of-
way and easements for access thereto, and such other lands
famished by Owner which are designated for use of
DesignBuilder.
40. Specifications -The part of the Contract
Documents prepared by or for Design/Builder and
approved by Owner consisting of vaitten technicaL....~.,,,T...~
descriptions of materials, equipment, construction systems,
standards and workmanship as applied to the Work and
certain administrative details appiic~ble thereto.
'~" x ~~ EJCDC D-70QSt~gdard General Conditions of the Contract BeAveen Owner nod D~Ign/Bnltdcr ,,, ~•'~'=-
Copyrtght ®20DZ•iPati_onaFSoriety of Proressional Engineers for EJCDC. Ai[ rights reserved. ._.:. ~ ~' .
.. Z - -
41. Subcontractor - An individual or entity other
than a Supplier having a direct conhact with
Design/]3uilder or with any other Subcontractor far the
performance of a part of the Work --
42. Submittal - A written or graphic document
prepared by or for DesignBuiIder which is required by the
Contract Documents to be submitted to Owner by
DesignBuilder. Submittals may include Drawings,
Specifications, progress schedules, shop drawings,
samples, cash flow projections, and Schedules of Values.
Submittals other than Drawings and Specifications are not
Contract Documents.
43. Substantial Completion -The time at which the
Work (or a specified part) has progressed to the point
where it is sufficiently complete, in accordance with the
Contract Documents, so that the Work {or a specified part)
can be utilized for the purposes for which it is intended.
The terms "substantially complete" and "substantially
completed" as applied to all or part of the Work refer to
Substantial Completion thereof.
44. Supplementary Conditions -The part of the
Contract Documents which amends or supplements these
General Conditions.
45. Supplier - A manufacturer, fabricator, supplier,
distributor, materialman or vendor having a direct contract
with DesignBuilder or with any Subcontractor to furnish
materials or equipment to be incorporated is the Work by
DesignBuilder or any Subcontractor.
46. Unit Frice Work - Wark to be paid for on the
basis of unit prices.
47. Work -The entire construction or the various
separately identifiable parts thereof required to be
performed or famished under the Contract Documents.
Work includes and is the result of performing or furnishing
Design Professional Services and Construction required by
the Contract Documents.
48. Work Change Directive - A written directive to
Design/Builder, issued on or after the Effective Date of the
Agreement and signed by Owner ordering an addition,
deletion or revision in the Work, or responding to differing
site conditions under which the Work is to be performed or
to emergencies. A Work Change Directive will not change
the Contract Price or the Contract Times, but is evidence
that the parties expect that the change directed or
documented by a Work Change Directive will be
incorporated in a subsequently issued Change Order
following negotiations by the parties.as to its effect, if any,
on the Contract Price or Contract Times.
1.D2 Tenxitrology
A. Intent of Certain Terms or Adjectives:
1. The word "day" shall constitute a calendar day
of 24 hours measured from midnight to the next
midnight. v
2. The word "defecdve,° when modifying the
word "Construction" refers to Construction that is
unsatisfactory, faulty, or deficient in that it does not
conform to the Contract Documents, or does not meet the
requirements of any inspection, reference standard, test
or approval referred to in the Contract Documents, or has
been damaged prior to Owner's final payment (unless
responsibility for the protection thereof has been
assumed by Owner at Substantial Completion} provided
that the defect was not caused by Owner.
3. The word "famish," when used in connection
with services, materials, or equipment, shall mean to
supply and deliver said services, materials or equipment
to the Site {or some other specified location} ready for
use or installation and in usable or operable condition.
4 The word "install," when used in connection
with services, materials, or equipment, shall mean to put
into use or place in final position said services, materials
or equipment or equipment complete and ready for
intended use.
5. The words "perform" or "provide" when used
in connection with services, materials, or equipment,
shall mean to furnish and install said services, materials,
or equipment complete and ready for intended use.
6. When °fiuwSh," "1nStall," "perform," Or
"provide" is not used in connection with services,
materials, or equipment in a context clearly requiring an
obligation of DesignBuilder, "provide" is implied.
?. Unless stated otherwise in the Contract
Documents, words or phrases which have swell-known
technical or construction industry or trade meaning are
used in the Contract Documents in accordance with that
meaning.
"~.;~ •~ EJCDC I?-7UU•Stgntdartl General Coadl![ons or the Contract 13etwcen Qwncr and DixignBu~tler _ - '~°''=~' ~=
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3 - -
ARTICLE 2 -PRELIMINARY MATTERS
2.01 Delivery of Bonds ~~
A. When DesignBuilder delivers the executed
Agreements to Owner, Design/Builder shall also deliver to
Owner such Bonds as Design/Builder may be required to
furnish in accordance with paragraph SA (.A.
2.02 Commencement of Contract Time; Notice to
Proceed
A. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement, or, if a
Notice to Proceed is given, on the day indicated in the Notice
to Proceed. A Notice to Proceed may be given at atry time
within thirty days after the Effective Date of the Agreement.
Unless agreed to in writing by Owner and DesignBuilder, the
Contract Times will commence to run no later than the
ninetieth day after the last day for receipt of the Proposal or
the thirtieth day after the Effective Date of the Agreement,
whichever date is earlier.
2.03 Starting the Work
A. DesignBuilder shall start to perform the Work on
the date when the Contract Times commence to run. No Work
shall be done at the Site prior to the date on which the
Contract Times commence to run.
2.04 Before Starting the Work
A. DeslgnlBuilder's Review of Contract Documents:
Before undertaking each part of the Work, Design/Builder
shall carefully study and compare those Contract Documents
prepared by Owner and check and verify pertinent figures
therein and all applicable field measurements. DesignBuilder
shall promptly treport in writing to Owner any conflict, error,
ambiguity, or discrepancy which DesignBuilder may discover
and shall obtain a written interpretation or clarification from
Owner before proceeding with any Work affected thereby;
however, Design/Builder shall not be liable to Owner for
failure to report any conflict, error, ambiguity, or discrepancy
in the Contract Documents unless Design/Builder knew or
reasonably should have known thereo£
B. Preliminary Schedules: Within 10 days after
commencement of the Contract Times {unless otherwise
specified in the Contract Documents), DesignBuilder shalt
submit the following to Owner for its timely review:
1. A preliminary progress schedule indicating
the times {pumbers of days or dates) for starting and
completing the various stages of the Work, including any
Milestones specified in the Contract Documents;
2. A preliminary schedule of Submittals which
will list each required Submittal and the times for
submitting, reviewing and processing each Submittal; r
3. A preliminary Schedule of.Values for alI of
the Work which will include quantities and prices of
items which when added together equal the Contract
Price and subdivides the Work into component parts in
sufficient detail to serve as the basis for progre~
payments during performance of the Work. Such prices
will include an appropriate amount of overhead and
profit applicable to each item of Work; and
4. A preliminary cash flow projection estimating
that portion of the Contract Price to be due during each
month of performance.
C. Evidence oflnsurance: Before any Work at the Site
is started, DesignlBuitder and Owner shall each deliver to the
other, certificates of insurance as required by paragraph 5.03
which DesignBuilder and Owner respectively are required to
purchase and maintain in accordance with Article 5.
2.05 Inittal Conference
A. Within twenty days oiler the Contract Times start to
raft, Design/Builder will arrange a conference attended by
Owner and Design/Builder and others as appropriate to
establish a working understanding among the parties as to the
Work and to discuss the design concepts, schedules referred to
in paragraph 2.04.B, procedures for handling Submittals,
processing Applications for Payment, maintaining required
records, items required pursuant to paragraph 8.O1.A.6 and
other matters.
2.06 Initial Acceptance of Schedules
A. At least ten days before submission of the first
Application for Payment (unless otherwise provided in the
Contract Documents), Design/Bw'Ider will arrange a
conference attended by DesignBuilder, Owner and' others as
appropriate to review for acceptability the schedules submitted
is accordance with paragraph 2.04.B. DesignlBuilder shall
have an additional ten days to make corrections and
adjustments and to complete and resubmit the schedules. No
progress payment shall be made to Design/Builder until the
acceptable schedules are submitted to Owner.
1. The progress schedule will be acceptable to
Owner if it provides an orderly progression of the Work
to completion within any specified Milestones and the
Contract Times. Such acceptance will not impose on
Owner responsibility for the progress schedule, for
sequencing, scheduling• or progress o£ the. Work noL.. _.,.....~
interfere with nor relieve Design/Builder from ` `~`
Design/Builder's full responsibility therefor.
2. DesignJBuilder's schedule of Submittals will
be acceptable to Owner if it provides aworkable -- - -
'~^-r{ ~ EJCDC D-70a•Stant~ard General Conditions of the Contract Between Owner and Deslgn/BuUder _ `"~.='~~^
Copyright ~2UOt•1Pational Society of Professianai Engineers for EJCDC. An rights rtsernd. ~. ~ ~` .
arrangement for reviewing and processing the required Documents will control except when Owner has approved a
Submittals. Submittal pursuant to paragraph 6.17.B.
3. Design/Builder's Schedule'of Values will be B. Except as otherwise specificolly stated ~in the
acceptable to Owner as to form and sabstance if it Contract Documents, the provisions of the Contract
provides a reasonable allocation of the Contract Price to Documents shall tafce precedence in resolving any conflict,
component parts of the work. error, ambiguity, or discrepancy between the provisions of the
Contract Documents and:
ARTICLE 3 -CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what
is called for by one is as binding as if called for by all.
B. It is the intent of the Contract Documents to
describe a functionally complete Project (or part thereof} to be
designed and 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 ar trade urge as being
required to produce the intended result will be famished and
performed whether or not specifically called for at no
additional cost to Owner.
3.Oa Reference Standards
]. The provisions of any such standard,
specification, manual, code, or instrnction (whether or
not specifically incorporated by reference in the Contract
Documents}; or
2. The provisions of any such Laws or
Regulations applicable to the performance of the Work
{unless such an interpretation of the provisions of the
Contract Documents would result in violation of such
L.aw or Regulation).
3.04 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended to
provide for additions, deletions, and revisions in the Work or
to modify the terms and conditions thereof in one or more of
the following ways:
1. Owner's approval of required Submittals
(pursuant to paragraph 6.17.B);
A. Standards, Specifications, Codes, Laws or
Regulations.
I. Reference to standards, specifications,
manuals or codes of any technical society, organization
or association, or to Laws or Regulations, whether such
reference be specific or by implication, shall mean the
standard, specification, manual, code, or Laws or
Regulations in effect on the last day for receipt of
Proposals except as may be otherwise specifically stated
in the Contract Documents.
2. 1Vo provision of any such standard,
specification, manual, code, or instruction of a Supplier
shall be effective to change the duties and
responsibilities of Owner, DesignBuilder, or any of their
subcontractors, consultants, agents, or employees from
those set forth in the Contract Documents, nor shall it be
effective to assign to Owner any duty or authority to
supervise or direct the furnishing or performance of the
Work or any duty or authority to undertake responsibility
inconsistent with the provisions of the Contract
Documents.
3.83 Resolving~Discrt:pancies
A. In the event of a discrepancy between the
Conceptual Documents on the one hand and the .Proposal or
Drawings or Specifications on the other hand, the Conceptual
2. A Work Change Directive;
3. A Change Order;
4. A Field Order.
3.05 i2euse of Documents
A. Ail documents including Drawings and
Specifications prepared or famished by Design/Builder
pursuant to this Agreement are for Design/Builder's own use,
and DesignBuilder shall retain an ownership and property
interest therein whether or not the Project is completed.
Owner may make and retain copies for information and
reference in connection with the use and occupancy of the
Project by Owner and others. However, such documents aze
not intended or represented to be suitable for reuse by Owner
or others on extensions of the Project or on any other project.
Any reuse or any continued use after any termination without
written verification or adaptation by DesignBuilder for the
specific purpose intended will be at Owner's sole risk and
without liability or legal exposure to Design/Builder and
Owner shall indenmify and hold harmless DesignlBuilder and
Subcontractors from all claims, damages, losses and expenses _ . ,~,.~,.r.., .
including attorneys' fees arising out of or resulting therefrom. ` °
Any such verification or adaptation will entitle Design/Builder
to further compensation at rates to be agreed upon by Owner
and Design/Builder. .
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5 - -
3.Ob Electronic Data
A. Copies of data furnished __ by Owner to
Design/Builder or Design/Builder to Owner that may be relied
upon are limited to the printed copies (also known as hard
copies). Files in electronic media format of text, data,
graphics, or other types are furnished only for the convenience
of the receiving party. Any conclusion or information
obtained or derived from such electronic files will be at the
user's sole risk. Tf there is a discrepancy between the
electronic files and the hard copies, the hard cxipies govern.
B. Because data stored in electronic media folmaE can
deteriorate or be modified inadvertently or otherwise without
authorization of the data's creator, the party receiving
electronic files agrees that it will perform acceptance tests or
procedures within b0 days, after which the receiving party
shall be deemed to have accepted the data thus transferred.
Any errors detected within the 60-day acceptance period will
be corrected by the transferring party.
C. When transferring documents in electronic media
format, the transferring party makes no representations as to
long term compatibility, usability, or readability of documents
resulting from the use of software application packages,
operating systems, or computer hardware differing from those
used by the data's creator.
ARTICLE 4 - AVAILABILITY OF LANDS;
DIFFERING SITE CONDITIONS; REFERENCE
POINTS; HAZARDOUS ENVIRONMENTAL
CONDITIONS
4.01 Avallabflity of Lands
A. Owner shall furnish the Site. Owner shall notify
DesignlBuilder of any encumbrances or restrictions not of
general appli~tion but specifically related to use of the Site
which Design/Buiider will have to comply in performing the
Work. Unless otherwise provided in the Contract Documents,
Owner will obtain in a timely manner and pay for easements
for permanent structures or permanent changes in existing
facilities. If Design/Builder and Owner are unable to agree on
entitlement to or the amount or extent of any adjustments in
the Contract Price or the Contract Times as a result of any
delay in Owner's furnishing the Site, DesignBuilder may
make a Claim therefor as provided in Article 9.
B. Upon reasonable written request, Owner shat[
famish DesignlBuilder with a current statement of record legal
title and legal description of the Iands upon which the
Construction-is to be.performed and Owner's interest therein
as necessary for giving notice of or filing a mechanic's lien
against such lands in accordance with applicable Laws or
Regulations.
C. Design/Builder shall provide for all additional lands
and access thereto that may be required for temporary
construction facilities or storage of materials and equipment. _
4.02 Differing Stte Conditions
A. DesignBuilder shall promptly, and before the
conditions are disturbed, give a written notice to Owner of (i)
subsurface or latent physical conditions at the Site which
differ materially from those indicated in the Contract
Documents, or (ii) unknown physical conditions at the Site, of
an unusual nature, which differ materially from those
ordinarily encountered and generally recognized as inhering in
work of the character called for by the Contract Documents.
B. Owner will investigate the Site conditions promptly
after receiving the notice. If the conditions do materially so
differ and cause an increase or decrease in the
Design/Builder's cost of, or the time required for, performing
any part of the Work, whether or not changed as a result of the
conditions, an equitable adjustment shall be made under this
clause and the Contract Price or Tones modified in writing by
Change Order in accordance with Article 9.
C. No request by Design/Builder for an equitable
adjustment under paragraph 4.02 shall be allowed unless
Design/Builder has given the written notice required; provided
that the time prescribed in 9.03.A for giving written notice
may be extended by Owner.
D. The provisions of this paragraph 4.02 are not
intended to apply to a Hazardous Environmental Condition
uncovered or revealed at the Site.
4.83 Reference Points
A. DesignBuilder shall be responsible for laying out
the Work and shall protect and preserve the reference points
and property monuments established by Owner pursuant to
paragraph 8.O1.A.b.e, and shall make no changes or
relocations without the prior written approval of Owner.
DesignJBuilder shall report to Owner whenever any reference
point or property monument is lost or destroyed or requires
relocation because of necessary changes in grades or locations,
and shall be responsible for the accurate replacement or
relocation of such reference points or property monuments by
professionally qualified personnel.
4.04 Hazardous Environmental Condition at Site
A. Design/Builder will not be responsible for any
Hazardous Environmental Condition encountered at the Site
which was not identified in the Contract Documents to be
within the scope of the Work. - Design/Builder shall be- • -,c--=••-~
responsible for materials creating a Hazardous Environmental -
Condition created by any materials brought to the Site by
DesignBuilder, Subcontractors, Suppliers or anyone else for
whom Design/Builder is responsible.
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6
B. If Design/Builder encounters a Hazardous
Environmental Condition, DesignBuilder shall immediately:
(i) secure or otherwise isolate such condition; (ii) stop all
Construction in connection with such condition and in any
area affected thereby (except in an emergency as required by
paragraph b.16); and (iii) notify Owner (and thereafter confirm
such notice in writing). Owner shall promptly determine the
necessity of retaining a qualified expert to evaluate such
condition or take corrective action, if any.
C. DesignBuilder shall not be required to resume
Construction in connection with such Hazardous
Environmental Condition or in any such affected area until
after Owner has obtained any required permits related thereto
and delivered to DesignBuiIder written notice (i) specifying
that such condition and any affected area is or has been
rendered safe for the resumption of Construction, or (ii)
specifying any special conditions under which such
Construction may be resumed safely. If Owner and
DesignBuiider cannot agree as to entitlement to or the amount
or extent of an adjustment, if any, in Contract Price or
Contract Times as a result of such Construction stoppage or
such special conditions under which Construction is agreed to
be resumed by DesignBuilder, either party may make a Claim
therefor as provided in Article 9.
D. If after receipt of such special written notice
Design/Builder does not agree to resume Construction based
on a reasonable belief it is unsafe, or does not agree to resume
such Construction under such special conditions, then Owner
may order such portion of the Work that is related to such
Hazardous Environmental Condition to be deleted from the
Work. If Owner and DesignlBuilder cannot agree as to
entitlement to or the amount or extent of an adjustment, if any,
in Contract Price ar Contract Times as a result of deleting such
portion of the Work, then either party may make a Claim
therefor as provided in Article 9. Owner may have such
deleted portion of the Work performed by Owner's own forces
or others in accordance with Article 7.
E. To the fullest extent permitted by Laws or
Regulations, Owner shall indemnify and hold harmless
DesignBuilder, Subcontractors, Suppliers and the officers,
directors, partners, employees, agents, other consultants and
subcontractors of each and any of them from and against all
claims, costs, losses and damages {including but act 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 resulting from such
Hazardous Environmental Condition, provided that such
Hazardous Environmental Condition: (i) was not shown or
indicated in the Contract Documents to be included in the
scope of the Work, and (iii) was not created by DesignBuilder
or by anyone ~£or ,whom DesignBuilder is responsible.
Nothing in this paragraph 4.04.E shall obligate Owner to
indemnify any individual or entity from and against the
consequences of that individual's or entity's own negligence.
F. To the fullest extent permitted by Laws or
Regulations, DesignlBuilder shall indemnify and hold
hanmless Owner, Owner's Consultant and the officers.. _
directors, partners, employees, agents, other 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 alI court or arbitration or other dispute
resolution costs) arising out of or resulting from such
Hazardous Environmental Condition created by
Design/Builder or anyone for whom Design/Builder is
responsible. Nothing in this paragraph 4.04.F shall obligate
Design/Builder to indemnify any individual or entity from and
against the consequences of that individual's or entity's own
negligence.
ARTICLE 5 -BONDS AND INSURANCE
5.01 Performance, Payment and Other Bonds
A. Design/Builder shat] fiunish performance and
payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all DesignBuilder's obligations to furnish, provide
and gay for Work and related materials under the Contract
Documents. These Bonds shall remain in effect at least until
one year after the date when final payment becomes due,
except as provided otherwise by Laws or Regulations or by
the Contract Documents. Design/Builder shall also furnish
such other Bonds as are required by the Contract Documents.
B. Ali Bonds shall be in the form prescribed by the
Contract Documents except as provided otherwise by Laws or
Regulations, and shall be executed by such sureties as are
named in the current list of "Companies Holding Certificates
of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in Circular
570 by the Audit Staff, Bureau of Government Financial
Operations, U.S. Department of the Treasury. AI[ Bonds
signed by an agent must be accompanied by a certified copy of
such agent's authority to act.
G. If the surety en any Bond furnished by
DesignBuilder is declared a bankrupt or becomes insolvent or
its right to do business is terminated in any state where any
part of the Project is located or it ceases to meet the
requirements of paragraph 5.01.E and 5.02, DesignBuilder
shall within twenty days thereafter substitute another Bond
and surety, both of which shall comply with the requirements
of paragraphs S.O1.B and SA2.
5.02 4lcensed Sureties and Insurers - = ~ - -- --~~~°-•°
A. Ali Bonds aad insurance required by the Contract
Documents to be purchased and maintained by Owner or
DesignBui[der shall be obtained from surety or insurance
companies that are duly licensed or authorized in the -°- - -
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7 - -
jurisdiction in which the Project is located to issue Bonds or
insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such
additional requirements and quaGfications-as may be provided
in the Supplementary Conditions.
5.03 Certificates of Insarance
A. Design/Builder shall deliver to Owner, with copies
to each additional insured indicated in the Supplementary
Conditions, certificates of insurance (and other evidence of
insurance requested by Owner or any other additional insured)
which Design/Builder is required to purchase and maintain.
Owner shall deliver to Design/Builder, with copies to each
additional insured indicated in the Supplementary Conditions,
certificates of insurance (and other evidence of insurance
requested by Design/Builder or any other additional insured)
which Owner is required to purchase and maintain.
5.04 1()esign/Bailder's Liability Insarance
A. DesignlBuilder shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and as wilt provide protection from claims
set forth below which may arise out of or result from
Design/Builder's perfomnance of the Work and
Design/Builder's other obligations under the Contract
Documents, whether it is to be performed by DesignBuilder,
any Subcontractor or Supplier or by anyone directly or
indirectly employed by any of them to perform any of the
Work, or by anyone for whose acts any of them may be liable:
1. Claims under workers' compensation,
disability benefits and other similar employee benefit
acts;
2. Claims for damages because of bodily injury,
occupational sickness or disease, or death of
Design/Builder's employees;
3. Claims for damages because of bodily injury,
sickness or disease, or death of any person other than
DesignBuilder's employees;
4. Claims for damages insured by reasonably
available personal injury liability coverage which are
sustained (i) by any person as a result of an offense
directly or indirectly related to the employment of such
person by Design/Builder, or (ii) by any other person for
any other reason;
5. Claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, including loss of use resulting
therefrom; and '
6. Claims for damages because of bodily injury
or death of any person or property damage arising out of
- the ownership, maintenance or use of any motor vehicle.
B: The policies of insurance required by paragraph
5.04.A shall:
1. With respect to insurance required by
paragraphs 5.04.A.3 through 5.44.A.6 inclusive, (subject
to any customary exclusion in respect of professional
liability) include as additional insureds Owner and
Owner's Consultants and any other persons or entities
indicated in the Supplementary Conditions, all of whom
shall be listed as additional insureds, and include
coverage for the respective officers, directors, partners,
and employees, agents, and other consultants and
subcontractors of each and any of all such additional
insureds, and the insurance afforded to these additional
insureds shall provide primary coverage for all claims
covered thereby;
2. Include at least the specific overages and be
written for not lei than the limits of liability provided in
the Supplementary Conditions or required by Laws or
Regulations, whichever is greater;
3. Include completed operations insurance;
4. Include contractual liability insurance
covering DesignBuilder's indemnity obligations under
paragraphs 6. I l .A.3 and 6.21;
5. Contain a provision or endorsement that the
coverage afforded will not be canceled, materially
changed or renewal refirsed until at least thirty days' prior
written notice has been given to Owner and each other
additional insured indicated in the Supplementary
Conditions to whom a certificate of insurance has been
issued (and the certificates of insurance furnished by the
Design/Builder pursuant to paragraph 5.03 will so
provide);
6. Remain in effect at least anti! final payment
and at all times thereafter when Design/Builder may be
correcting, removing or replacing defective Construction
in accordance with paragraphs 12.06 and 12.07; and
7. With respect to completed operations
insurance, and airy other insurance coverage written on a
claims-made basis, remain in effect for at least two years
after final payment (and Design/Builder shall famish
Owner and each other additional insured indicated in the
Supplementary Conditions to whom a certificate of
insurance has been issued evidence satisfactory to Owner
and any such additional insured of continuation of such
insurance at final payment and one year thereafter).
5.05 Owner's Liability Insarance - . ~ - .''c`'~=T.
A. In addition to the insurance required to be provided
by DesignBuilder under paragraph 5.04, Owner, at Owner's
option, may purchase and maintain at Owner's expense _ _ _
~Y., F.JCDC D-700 Standard General Conditions of the Contract Behveen Owner end DesigaBaUder _;;;,,.+,~;.
~` Copyright ®`ldOt,ai'etional Society of Professional Engleeers for EJCI)C. All rights reserved. - - - J ~
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Owner's own liability insurance as will protect Owner against
claims which may arise from operations under the Contract
Documents.
5.06 Property Insaraaee
A. Unless otherwise provided in the Supplementary
Conditions, Owner shall purchase and maintain property
insurance upon the Construction at the Site in the amount of
the full replacement cost thereof (subject to such deductible
amounts as may be provided in the Supplementary Conditions
or required by Laws or Regulations). This insurance will:
1. Include the interests of Owner, Owner's
Consultant, DesignBuilder, Subcontractors, and any
other individuals or entities indicated in the
Supplementary Conditions, and the officers, directors,
partners, employees, agents, and other consultants and
subcontractors of each and any of them, each of whom is
deemed to have an insurable interest and shall be listed
as an insured or additional insured;
2. Be written on a Builder's Risk "all-risk" or
open peril or special causes of loss policy form that shall
at least include insurance for physical loss and damage to
the Constriction, temporary buildings, faIsework and alE
materials and equipment in transit, and shall insure
against at least the following perils or csiuses of loss:
fire, lightning, extended coverage, theft, vandalism and
malicious mischief, earthquake, collapse, debris removal,
demolition occasioned by enforcement of Laws or
Regulations, water damage, and such other perils or
causes of loss as may be specifically required by the
Supplementary Conditions;
3. Include expenses incurred in the repair or
replacement of any insured property (including but not
limited to fees and charges of engineers and architects);
4. Cover materials and equipment stored at the
Site or at another location that was agreed to in writing
by Owner prior to being incorporated in the
Construction, provided that such materials and
equipment have been included in an Application for
Payment approved by Owner;
5. Allow partial utilisation in accordance with
paragraph 13.06;
6. Include testing and startup; and
7. Be maintained in effect until final payment is
made unless otherwise agreed to in writing by Owner
and Design~Auilder with thirty days' written notice to
each other additional insured to whom a certificate of
insurance has been issued.
- B. Owner shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required ~ by the Supplementary Conditions or Laws or
Regulations which will include the interests of Owner,
Owner's Consultants, Design/Builder, Subcontractors, and any_,_,_ r
other individuals or entities indicated in the Supplementary
Conditions, each of whom is deemed to have an insurable
interest and shall be listed as an insured or additional insured.
C. All the policies of insurance (and the certificates or
other evidence thereof] required to be purchased and
maintained by Owner in accordance with paragraph 5.06 will
contain a provision or endorsement that the coverage afforded
will not be canceled or materially changed or renewal refused
until at least 30 days' prior written notice has been given to
DesignBuilder and to each other additional insured to whom a
certificate of insarance has been issued and will contain
waiver provisions in accordance with paragraph 5.07.
D. Owner shall not be responsible for purchasing and
maintaining any property insurance to protect the interests of
DesignBuilder, Subcontractors, Suppliers, or others in the
Work to the extent of aay deductible amounUS that are
identified in the Supplementary Conditions. The risk of loss
within such identified deductible amount, will be borne by
Design/Builder, Subcontractor or others suffering any such
loss and if any of them wishes property insurance coverage
within the limits of such amounts, each may purchase and
maintaia it at the purchaser's own expense.
B. If DesignBuilder requests in writing that other
special insurance be included in the property insurance
policies provided under paragraph 5.06, Owner shall, if
possible, include such insurance, and the cost thereof will be
charged to DesignlBuilder by appropriate Change Order.
Prior to commencement of the Work at the Site, Owner shall
in writing advise DesignBuilder whether or not such other
insurance has been procured by Owner.
5.07 Waiver of Rights
A. Owner and DesignBuiider intend that all policies
purchased in accordance with paragraph 5.06 will protect
Owner, Owner's Consultant, DesignBuilder, Subcontractors,
Suppliers, and all other individuals or entities indicated in the
Supplementary Conditions to be listed as insureds or
additional insureds {and the officers, directors, partners,
employees, agents, and other consultants and subcontractors of
each and any of them} in such policies and will provide
primary coverage far aEl losses and damages caused by the
perils or causes of Loss covered thereby. Ali such policies
shall contain provisions to the effect that in the event of
payment of any loss or damage the insurers will have no rights
of recovery against any of the insureds or additional insureds
thereunder. Owner and Design/Builder waive all rights
against each other and their respective officers, directorsr-
partners, employees, agents, and other 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,
~;~ ~~ EJCDC.1? 701t$taadard General Conditlans of the Contract B¢hveen Owner end l)eslgalnulld¢r - "°"°""`"~`"
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waive all such rights against Owner's Consultant,
Subcontractors, Suppliers, and all other individuals or entities
indicated in the Supplementary Conditions to be listed as
insureds or additional insureds under sucli policies for losses
and damages so caused. None of the above waivers shall
extend to the rights that any party making such waiver may
have to the proceeds of insurance held by Owner as trustee or
otherwise payable under any policy so issued.
B. Owner waives all rights against DesignBuilder,
Subcontractors, and Suppliers and the officers, directors,
employees and agents of any of them for.
1. Loss due to business interruption, toss of use,
or other consequential loss extending beyond direct
physical loss or damage to Owner's property caused by,
arising out of or resulting from fire or other peril whether
or not insured by Owner; and
2. Loss or damage to the completed Project or
any part thereof caused by, arising out of. or resulting
from fire or other insured peril or cause or loss covered
by any property insurance maintained on the completed
Project or part thereofby Owner during partial utilization
pursuant to paragraph 13.06, after Substantial
Completion pursuant to paragraph 13A5, or after final
payment pursuant to paragraph 13.08.
C. Any insurance policy maintained by Owner
covering any loss, damage or consequential loss referred to in
paragraph 5.07.B shall contain provisions to the effect that in
the event of payment of any such loss, damage, or
consequential loss, the insurers will have no rights of recovery
against Design/Builder, Subcontractors, Owner's Consultant,
and the officers, directors, partners, employees, agents, and
other consultants and subcontractors of each and any of them.
5.08 Receipt and Application of Insurance Proceeds
A. Any insured loss under the policies of insurance
required by paragraph 5.06 will be adjusted with Owner and
made payable to Owner as fiduciary for the insureds, as their
interests may appear, subject to the requirements of any
applicable mortgage clause and of pazagraph 5.08.B. Owner
shall deposit in a separate account any money so received, and
shall distribute it in accordance with such agreement as the
parties in interest may reach. If no other special agreement is
reached the damaged Construction shall be repaired or
replaced, the moneys so received applied on account thereof
and the Work and the cost thereof covered by an appropriate
Change Order.
B. Owner es fduciary shall have power to adjust and
settle any loss utith ,the insurers unless one of tha parties in
interest shall object in writing within 15 days after the
occurrence of loss to Owner's exercise of this power. If such
objection be made, Owner as fiduciary shall make settlement
with the insurers in accordance with such agreement as the
parties in interest may reach. If no such agreement among the
parties in interest is reached, Owner as fiduciary shall adjust
and settle the loss with the insurers and, if required in writing
by any party in interest, Owner as fiduciary shall give bond for
the proper performance of such duties.
5.09 Acceptance of Bonds and Insurance; Option to
Replace
A. If either Owner or Design/Builder has any objection
ro the coverage afforded by or other provisions of the Bonds
or insurance required to be purchased and maintained by the
other party in accordance with Article 5 on the basis of their
not complying with the Contract Documents, the objecting
party shall so notify the other party in writing within ten days
after receipt of the certificates (or other evidence requested}
required by paragraph 2.04.C. Owner and DesignBuilder
shall each provide to the other such additional information in
respect of insurance provided as the other may reasonably
requesk If either party does not purchase or maintain all of the
Bonds and insurance required of such party by the Contract
Documents, such party shall notify the other party in writing
of such failure to purchase prior to the start of the Work, or of
such failure to maintain prior to any change in the required
coverage. Without prejudice to any other right or remedy, the
other party may elect to obtain equivalent Bonds or insurance
to protect such other party's interests at the expense of the
party who was supposed to provide such coverage, and a
Change Order shall be issued to adjust the Contract Price
accordingly.
5.10 Partial Utilization, Acknowledgment of Property
Insurance
A. If Owner finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
Completion of all the Work as provided in paragraph 13.06,
no such use or occupancy shall commence before the insurers
providing the property insurance pursuant to paragraph 5.06
have acknowledged notice thereof and in writing effected any
changes in croverage necessitated thereby. The insurers
providing the property insurance shall consent by endorsement
on the policy or policies, but the property insurance shall not
be canceled or permitted to lapse on acxcunt of any such
partial use or occupancy.
ARTICLE S - DESIGN/BUILDER'S
RESPONSIBILITIES
6.01 Design Professional Services
A. Standard of Care. The standard of care for Design
Professional Services performed ~ or famished ._under this ..,,.~; .
Agreement will be the care and skill ordinarily used by ~ -
members of the engineering profession practicing under
similar conditions at the same time and locality.
'~"°Y~ ~ EJCDC D-70o-,St~nQard Geaeral Conditions of the Contract Bohvoen Owner and DesigniBuilder :, --"'
,. Coliyrtgitt ~201121Cntlonei Society of ProCcss[onal Engineers for EJCDC. All rights reserved. _.:. ~ ~` _
10 - -
B. Preliminary Design Phase. After the Contract Times
commence to run, DesignBuilder shall:
1. Consult with Owner to understand Owner's
requirements for the Project and review available data;
2. Advise Owner as to the necessity of Owner's
providing or obtaining from others additional reports,
data, or services of the types provided in paragraph
8.O1.A.6.a-g and assist Owner in obtaining such reports,
data, or services;
3. Identify and analyze requirements of
governmental authorities having jurisdiction to approve
the portions of the Project designed or specified by
Design/Builder with whom consultation is to be
undertaken in cormection with the Project;
4. Obtain such additional geotechnical and
related information which it deems necessary for
performance of the Work;
5. On the basis of the Conceptual Documents
and DesignBuilder's Proposal, prepare preliminary
design documents consisting of final design criteria,
preliminary drawings, outline specifications, and written
descriptions of the Project;
6. Furnish the preliminary design documents to
and review them with Owner within the times indicated
in the schedules described in paragraphs 2A6.A.1 and
2.O6.A.2; and
?. Identify any variations in the preliminary
design documents from the Contract Documents in
accordance with 6.17.B.
C. Final Design Phase. After written accepmnce by
Owner of the preliminary design phase documents
Design/Builder shall:
1. On the basis of the accepted Preliminary
Design Phase documents, prepare final Drawings
showing the scope, extent, and character of the
Construction to be performed and fiunished by
DesignBuilder and Specifications (which will be
prepared, where appropriate, in general conformance
with the sixteen division format of the Construction
Specifications Institute);
2. Provide technical criteria, written descriptions
ahd design data required for obtaining approvals of such
governmental authorities as have jurisdiction to review
or approve, the final design of the Project, and assist
Owner in consultations with appropriate authorities;
3. Furnish the above documents, Drawings, and
Specifications to and review them with Owner within the
times indicated in the schedules described in paragraphs
2.Ob.A.I and 2.06.A.2; and
4. Identify any deviations from other Contrac'f""- `"
Documents in accordance with paragraph 6.17.B.
6.02 Supervfsion and Superintendence of Construction
A. DesignBuiIder shall supervise, inspect and direct
the Construction competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may
be necessary to provide the Construction in accordance with
the Contract Documents. DesignBuilder shall be solely
responsible for the means, methods, techniques, sequences and
procedures of Construction. Design/Builder shall be
responsible to see that the completed Construction complies
accurately with the Contract Documents and shall keep Owner
advised as to the quality and progress of the Construction.
B. At all times during the progress of Construction, the
Desigo/Builder shall assign a competent resident
superintendent thereto, who shall not be replaced without
written notice to Owner except tinder extraordinary
circumstances. The superintendent will be DesignBuildel's
representative at the Site and shall have authority to act en
behalf of Design/Builder. Ail communications given to or
received from the superintendent shall be binding en
DesignBuilder.
6.03 Labor, Working Hours
A. DesignBuilder shall provide competent, suitably
qualified personnel to perform the Work as required by the
Contract Documents. Design/Builder shag at all times
maintain good discipline and order at the Site.
B. Except as otherwise required for the safety or
protection of persons or the Work or property at the Site or
adjacent thereto, and except as otherwise indicated in the
Contract Documents, all Construction at the Site shall be
performed during regular working hours, and Design/BuiIder
will not permit overtime work or the performance of
Construction on Saturday, Sunday or any legal holiday
without Owner's written consent, which will not be
unreasonably withheld.
6.04 Servlces, Materials, and Equipment
A. Unless otherwise specified in the Contract
Documents, DesignlBuilder shall famish or cause to be
famished and assume full responsibility for materials,
equipment, Eabor, transportation, construction equipment and
machinery, tools, appliances, fuel, power, light, heat,
telephone, water, sanitary facilities, temporary facilities, and _
all other facilities and incidentals necessary for the Work. -"` =~°'
B. Ali materials and equipment incorporated into the
Work shall be of good quality and new, except as otherwise
provided in the Contract Documents. All warranties and .-„ . _ _
~ .; EJCDC D-700 Standard General Coaditlons oP the Contract Beriveon Oater and Destgn/Bnnder ~Y
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guarantees specifically called for by the Contract Documents
shall expressly run to the benefit of Owner. If reasonably
required by Owner, DesignlBuilder shall furnish satisfactory
evidence (including reports of requited tests) as to the source,
kind, and quality of materials and equipment. All materials
and equipment shall be applied, installed, connected, erected,
used, cleaned, and conditioned in accordance with instructions
of the applicable Supplier, except as otherwise provided in the
Contract Documents.
6.05 Progress Schedule
A. Design/Builder shall adhere to the progress
schedule established im accordance with paragraph 2.06.A as it
may be adjusted from time to time as provided below:
1. DesignlBuilder shall submit tc Owner for
acceptance proposed adjustments in the progress
schedule that will not change the Contract Times (or
Milestones}. Such adjustments will conform generally to
the progress schedule then in effect.
2. Proposed adjustments in the progress schedule
that will change the Contract Times {or Milestones) shall
be submitted in accordance with the requirements of
Article 11.02. Such adjustments may only be made by a
Change Order or .
6.06 Concerning Suhcontractors, Snppliers, and Others
A. DesignBuilder shall not employ any Subcontractor,
Supplier, or other individual or entity against whom Owner
may have reasonable objection. DesignBuilder shall not be
required to employ any Subcontractor, Supplier or other
individual or entity to famish or perform any of the Work
against whom Design/Builder has reasonable objection.
B. DesignlBuilde0r shall be fully responsible to
Owner foc all acts and omissions of the Subcontractors,
Suppliers and other individuals or entities performing or
furnishing any of the Work just as DesigmlBuilder is
responsible for Design/Builder's own acts and omissions.
Nothing in the Contract Documents shaII create for the benefit
of any such Subcontractor, Supplier, or other individual or
entity any contractual relationship between Owner and any
such Subcontractor, Supplier, or older individual or entity, nor
shall it create any obligation on the part of Owner to pay or to
see to the payment of any moneys due any such Subcontractor,
Supplier, or other individual or entity except as may otherwise
be required by Laws or Regulations.
C. DesignBuilder shall be solely responsible for
scheduling and coordinating Subcontractors, Suppliers and
other individuals~and entities performing or furnishing any of
the Work under a direct or indirect contract with
Design/Builder.
- D. Design/Builder shall require al[ Subcontractors,
Suppliers and such other individuals and entities performing
or famishing any of the Work tQ communicate with the Owner
through DesignBuilder.
E. All Work performed for DesignBuiIder by a
Subcontractor or Supplier will be pursuant to an appropriate
Design Subagreement or Conshvction Subagreement between
Design/Builder and the Subconhactor or Supplier which
specifically binds the Subcontractor or Supplier to the
applicable terms and conditions of the Contract documents for
the bereft of Owner. Whenever any such agreement is with a
Subcontractor or Supplier who is listed as an additional
insured on the property insurance provided in paragraph 5.06,
the agreement between the Design/Builder and the
Subcontractor or Supplier will contain provisions whereby the
Subcontractor or Supplier waives all rights against Owner,
Design/Builder, Owner's Consultank, and all other additional
insweds (and their officers, directors, partners, employees,
agents, and other consultants and subcontractors of each and
any of them) for all losses and damages caused by any of the
perils or causes of loss covered by such policies and any other
property insurance applicable to the Work. If the insurers on
any such policies require separate waiver forms to be signed
by any Subcontractor or Supplier, Design/Builder will obtain
the same.
6.07 Patent Fees and Royalties
A. Design/Builder shall pay all license fees and
royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of
any invention, design, process, product or device which is the
subject of patent rights or copyrights held by others. If a
particular invention, design, process, prodact, or device is
specified in the Conceptual Documents for use in the
performlamce of the Constntction and if to the actual
Imowledge of Owner its use is subject to patent rights or
copyrights calling for the payment of any license fee or
royalty to others, the existence of such rights shall be
disclosed by Owner in the Conceptual Documents.
B. To the fullest extent permitted by Laws or
Regulations, DesignBuilder shall indenmify and hold
harmless Owner and Owner's Consultant, and the officers,
directors, partners, employees or agents, and other consultants
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 resulting from any
infringement of patent rights or copyrights incident to the use
in the perfornance of the Work or resulting from the
incorporation in the Work of any invention, design, process,
product or device not identified in the Conceptual Documents.
C. To the fullest extent permitted by Laws or
Regulations, Owner shall indemnify and hold harmless
DesignBuilder and its officers, directors, partners, employees
or agents, Subcontractors and Suppliers from and against all
claims, costs, losses and damages {including but not limited to --- - -
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12 - -
all fees and charges of engineers, architects, attorneys and
other pmfessionais and all court or arbitration or other dispute
resolution costs) arising out of or resulting from any
infringement of patent rights or copyrights-incident to the use
in the performance of the Work or resulting from the
incorporation in the Work of any invention, design, process,
product or device required by the Conceptual Documents.
6.08 Permits
A. Unless otherwise provided in the Contract
Documents, Design/Builder shall obtain and pay for a!1
necessary permits, licenses, and approvals of governmental
authorities having jurisdiction over the Work. Owner shall
assist Design/Builder, when necessary, in obtaining such
permits, licenses and approvals. Design/Builder shall pay all
goverunental charges and inspection fees necessary for the
performance of the Work, which are applicable on the last day
for receipt of Proposals. DesignBuilder shall pay all charges
of utility owners for connections to the Work, and Owner shall
pay all charges of such utility owners for capital costs related
thereto.
6.09 Laws or Regulations
A. DesignBuilder shall give all notices required by
and comply with all Laws or Regulations applicable to the
performance of the Work. Except where otherwise expressly
required by applicable Laws and Regulations, Owner shall not
be responsible for monitoring DesignBuilder's compliance
with any Laws or Regulations.
B. If DesignBuilder performs any Work knowing or
having reason to know that it is contrary to Laws or
Regulations, DesignBuilder shall bear all costs arising
therefrom.
C. Changes in Laws or Regulations not known on the
date of receipt of Proposals having an affect on the cost or
time of performance may be the subject of a change in
Contract Price or Contract Times.
6.10 Taxes
A. DesignBuilder shall pay all sales, consumer, use,
and other similar taxes required to be paid by Design/Builder
in accordance with the Laws or Regulations of the place of the
Project which are applicable during the performance of the
Work.
6.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas.
1. ISesign/Builder shell confine construction
equipment, the storage of materials and equipment, and
the operations of construction workers to the Site and
other areas permitted by Laws or Regulations, and shall
not unreasonably encumber the Site and other areas with
construction equipment or other materials or equipment.
Design/Builder shall assume fWl responsibility for any
damage to any such land or area, or to the owner or
occupant thereof or of any adjacent land or' areas; '"
resulting from the performance of the Work.
2. Should any claim be made by any such owner
or occupant because of the performance of Work,
Desigo/Builder shall promptly settle with such other
party by negotiation or otherwise resolve the claim by
arbitration or other dispute resolution proceeding or at
law.
3. To the fullest extent permitted by Laws or
Regulations, DesignBuilder shall indemnify and hold
harmless Owner, Owner's Consultants and anyone
directly or indirectly employed by any of them from and
against all claims, costs, losses and damages {including,
but not limited to, fees of engineers, architects, attorneys
and other professionals and court and arbitration or other
dispute resolution costs) arising out of or resulting from
any claim brought by any such owner or occupant
against Owner, or any other parry indemnified hereunder
to the extent caused by or based upon DesignBuilder's
performance of the Construction.
B. Remova! of Debris. During the perforr~nce of the
Construction, Design/Builder shall keep the premises free
from accumulations of waste materials, rubbish, and other
debris resulting from the Construction. Removal and disposal
of such waste materials, rubbish, and other debris shall
conform to applicable Laws or Regulations.
C. Cleaning. Prior to Substantial Completion,
Design/Builder shall clean the Site and make it ready for
utilization by Owner. At completion of Construction,
Design/Builder shall remove all tools, appliances, construction
equipment, temporary constriction and machinery, and '
surplus materials and shall restore to original condition all
property not designated for alteration by the Contract
Documents.
D. Loading Sfrtictures. DesignBuilder shall not load
nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall
DesignBuilder subject any part of the Construction or
adjacent property to stresses or pressures that will endanger it.
b.12 Record Documents
A. DesignBuilder shall maintain in a safe place at the
Site one record copy of all Drawings, Specifications,
Addenda, Change Order,, Field Orders and Work Change
Directives in good order and annotated to show all changes__ _
made during performance of the Work. - Tliese'~record '"`~=~-
documents together with all approved Submittals will be
available to Owner for reference. Upon completion of the
Work, these record documents and Submittals, including a
~,, +; EJCDC D-70t! Staqdard Goaoral Cooditioos of the Contract Bchveen Owger and Destgn/Bundcr ~.;v,.
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reproducible set of record drawings, will be delivered to 6.15 Hazard Communlcation Programs
Owner.
6.13 Safety and Protection ~-
A. Design/Builder shall be solely responsible for
initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. DesignBuilder
shall take alI necessary precautions for the safety of, and shall
provide the necessary protection to prevent damage, injury, or
loss to:
1. All persons on the Site or who may be
affected by the Work;
2. All Work and materials and equipment to be
incorporated therein, whether in storage on or off the
Site; and
3. Other progeny at the Site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and underground facilities
not designated for removal, relocation, or replacement in
the course of construction.
B. Design/Builder shall comply with applicable Laws
or Regulations relating to the safety of persons or properly, or
to the protection of persons or property from damage, injury,
or loss; and shall erect and maintain all necessary safeguards
for such safety and protection. Design/Builder shall notify
owners of adjacent property and of underground facilities and
utility owners when prosecution of the Work may affect them,
and shall cooperate with them in the protection, removal,
relocation, and replacement of their property.
C. All damage, injury, or loss to any property referred
to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or
indirectly, in whole or in part, by Design/Builder, airy
Subcontractor, Supplier, or any other individual or entity
directly or indirectly employed by any of them to perform any
of the Work, or anyone for whose acts any of them may be
liable, shall be remedied by DesignBuilder.
D. Design/Builder's duties and responsibilities for
safety and for protection of the construction shall confinue
until such time as all the Work is completed and Owner has
issued a notice to Design/Builder in accordance with
paragraph 13.08.E that the Work is acceptable (except as
otherwise expressly provided in connection with Substantial
Completion).
6.14 Safety Representative
A. DesigtiLBvilder shall designate a qualified and
experienced safety representative at the Site whose duties and
responsibilities shall be the prevention of accidents and the
maintaining and supervising of safety precautions and
programs.
A. DesignBuilder shall be responsible for
coordinating any exchange of material safety data sheets or
other hazard communication information required to be made
available to or exchanged between or among employers at the
Site in accordance with Laws or Regulations.
6.16 Emergencies
A. In emergencies affecting the safety or protection of
persons or the Work or property at the Site or adjacent thereto,
DesignBuilder is obligated to act to prevent threatened
damage, injury or lose. Design/Builder shall give Owner
prompt written notice if DesignBuilder believes that any
significant changes in the Work or variations from the
Contract Documents have been caused thereby or are required
as a result thereof. If a change m the Contract Docurxrents is
required because of the action taken by Design/Builder in
response to such an emergency, a Work Change Directive or
Change Order will be issued.
6.17 Submittals
A. Owner will review and approve Submittals in
accordance with the schedule of required Submittals accepted
by Owner as required by paragraph 2.06.A. Owner's review
and approval will be only to determine if the items covered by
the Submittals will, after installation or incorpomdon in the
construction, conform to the information given in the Contract
Documents and be compatible with the design concept of the
completed Project as a functioning whole as indicated by the
Contract Documents. Owner's review and approval will not
extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means,
method, technique, sequence, or procedure of aanstruction is
specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident
thereto. The review and approval of a separate item as such
will not indicate approval of the assembly in which the item
functions.
B. Owner's review and approval of Submittals shall
not relieve DesignBuilder from responsibility for any
variation from the requirements of the Contract Documents
unless DesigoBuilder has in a separate written
communication at the, time of submission called Owner's
attention to each such variation and Owner has given written
approval.
C. Construction prior to Owner's review and approval
of any required Submittal will be at the sole risk of
DesignBuilder.
b.18 Continuing the Work `
A. DesignlBuilder shat[ continue the Work and adhere
to the progress schedule during all disputes or disagreements
with Owner. 1Vo Work shall be delayed or postponed pending --
tea.. ~•: •. - -:iapj¢''~
+~ ~ EJCDC D-7DD~Stppdard General CondifEons of the Contract Between Owner and DesignlBaOder . -
_ Copyright~'LbOZ•,a"ational Soeiety aF Proressloaal Eoglneers for EJCDC. AI! rights reserved. ~ . ~ `~` _
14 -
resolution of any disputes or disagreements, except as
DesignBuilder and Owner may otherwise agree in writing.
d.19 Post-Construction Phase
A. DesignBuilder shall:
1. Provide assistance in connection with the
start-up, testing, refining and adjusting of any equipment
or system.
2. Assist Owner in training staff to operate and
maintain the Work.
3. Assist Owner in developing systems and
procedures for control of the operation and maintenance
of and record keeping for the Work.
6.20 DesigNBuilder's General Warranty and Guarantee
A. DesignBuilder warrants and guarantees to Owner
that all Construction will be in accordance with the Contract
Documents and will not be defective. DesignBuilder's
warranty and guarantee hereunder excludes defects or damage
caused by:
1. Abuse, modification or improper maintenance
or operation by persons other than DesignBuilder,
Subcontractors, or Suppliers or any other individual for
whom Design/Builder is responsible; or
2. Normal wear and tear under normal usage.
B. DesignBuilder's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will
constitute an acceptance of Work that is not in accordance
with the Contract Documents or a release of Design/Builder's
obligation to perform the Work in accordance with the
Contract Documents:
1. Observations by Owner;
2. The making of any progress or final payment;
3. The issuance of a certificate of Substantial
Completion;
4. Use or occupancy of the Work or any part
thereof by Owner;
5. Any acceptance by Owner or any failure to do
so;
6. Any review and approval of a Subnuttat;
7. Any inspeetian, test or approval by others; or
8. Any correction of defective Construction by
Owner.
6.21 Indemnifecat3oo
A. To the fullest extent permitted by Laws or
Regulations, DesignBuilder shall indemnify and hold
harmless Owner, Owner's Consul~nts, and the officers,
directors, partners, employees, agents, other consultants and
subcontractors of each from and against all claims, costs,
losses, and damages (including but not limited to a[1 fees and
charges of engineers, architects, attorneys and other
professionals and alI court or arbitration or other dispute
resolution costs) arising out of or resulting from the
performance of Construction, provided that any such claim,
cosk, loss, or damage is attributable to bodily injury, sickness,
disease, or death, or to injury to or destruction of tangible
property {other than the Work itself), including the loss of use
resulting therefrom) but only to the extent caused by any
negligent act or omission of DesignBuilder, any
Subcontractor, any Supplier, or any individual or entity
directly or indirectly employed by any of them to perform or
furnish any of the Work.
B. In any and all claims against Owner, Owner's
Consultant or any of their respective wnsultants, agents,
officers, directors, partners or employees by airy employee (or
the survivor or personal representative of such employee) of
DesignBuilder, any Subcontractor, any Supplier, any
individual or entity directly or indirectly employed by any of
them to perform any of the Work or anyone for whose acts
any of them may be liable, the indemnification obligation
under paragraph 6.2I.A shall not be [invited in any way by any
limitation on the amount or type of damages, compensation or
benefits payable by or for Design/Builder or any such
Subcontractor, Supplier, or other individual or entity under
workers' compensation acts, disability benefit acts or other
employee benefit acts.
C. The indemnification obligations of Design/Builder
under paragraph 6.21.A shall not extend to the liability of
Owner's Consultant, and their ofFicers, directors, partners,
employees, agents, other consultants, and subcontractors
arising out of the preparation or approval of ataps, drawings,
opinions, reports, surveys, designs, or specifications.
ARTICLE 7 --OTHER CONSTRUCTION
7.0] Related Work at Site
A. Owner may perform other Work related to the
Project at the Site by Owner's employees, oz let,other direct_ ..,,t..=;,..-
contracts therefor, or have other work performed by utility
owners. If such other work is not noted in the Contract
Documents, then:
'°"Ya ~ EJCDC D-7Da.Standnrd GeneraE Conditions or the Contract Bchvecn owner and Deslgn/uuildcr : ~ ""'
~.,. Copyright'~2QL~i7atlonal Sudety of Professtonnl Engineers for EJCI~. A11 rights reserved. .~ . ~ "'"'` .
15 -
1. Written notice thereof will be given to
Design/Builder prior to starting any such other work; and
2. DesignlBuilder may make a Claim therefor as
provided in Article 9 if DesignBuilder believes that such
performance will involve additional expense to
DesignBullder or requires additional time and the parties
are unable to agree as to the amount or extent thereof.
B. DesignBuilder shall afford each other contractor
who is a party to such a direct contract and each utility owner
(and Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the Site and a
reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such other work
and shall properly connect and coordinate the Work with
theirs. Unless otherwise provided in the Contract Documents,
Design/Builder shall do all cutting, fitting, and patching of the
Work that may be required to make its several parts come
together properly and integrate with such other work.
DesignBuiider shall not endanger any work of others by
cutting, excavating, or otherwise altering their work and will
only cut or alter their work with the written consent of Owner
and the others whose work will be affected. The duties and
responsibilities of Design/Builder under this paragraph are for
the benefit of such utility owners and other contractors to the
extent that there are comparable provisions for the benefit of
DesignBuilder is said direct contracts between Owner and
such utility owners and other contractors.
C. If the proper execution or results of any part of
Design/Buildex's Work depends upon work performed or
services provided by other; under this Article 7,
Design/Builder shall inspect such other work and appropriate
instruments of service and promptly report to Owner in
writing any delays, defects or deficiencies in such other work
or services that render it unavailable or unsuitable for the
proper execution and results of Design/Builder's Work.
Design/Builder's failure so to report will constitute an
acceptance of such other work as fit and proper for integration
with DesignBuilder's Work except for latent or nonapparent
defects and deficiencies in such other work.
7.02 Coordination
A. If Owner intends to contract with others for the
performance of other work on the Project at the Site, the
following will be set forth in Supplementary Conditions:
1. The individual or entity who will have
authority and responsibility for coordination of the
activities among the various prime contractors will be
identified;
2. The specific matters to be covered by such
authority and responsibility will be itemized; and
3. The extent of such authority and responsi-
bilities will be provided.
B. Unless otherwise provided in the Supplementary
Conditions, Owner shall have sole authority and responsibility
in respect of such coordination.
ARTICLE 8 -OWNER'S RESPONSIBILITIES
8.01 General
A. Owner shall do the following in a timely manner so
as not to delay the services of Design/Buiider:
1. Designate in writing a person to act as
Owner's Representative with respect to the services to be
rendered under this Agreement. Such person shall have
complete authority to transmit instructions, receive
information, interpret and define Owner's policies, make
decisions with respect to performance of the Work, and
shall provide such other services as may be agreed upon;
2. Provide such legal services as Owner may
require with regard to legal issues pertaining to the
Project including any that may be raised by
Design/Bui[der;
3. If requested in writing by DesignBuilder,
furnish reasonable evidence satisfactory to
DesignBuilder that sufficient funds are available and
committed for the entire cost of the Project. Unless st-ch
reasonable evidence is funvshed, Design/Builder is not
required to continence or continue any Work, or may, if
such evidence is not presented within a reasonable time,
stop Work upon 15 days notice to the Owner,
4. .Make payments to DesignJBuilder promptly
when they are due as provided in paragraph 13.03 and
13.08;
5. Furnish the Site as set forth in paragraph
4.O1.A;
6. Furnish to Design/Builder, as required for
performance of Desigo/Builder's Services the following,
all of which DesignBui[der may use and rely upon in
performing services under this Agreement:
a. Enviromnental assessment and impact
statements;
b. Property, boundary, easement, right-of-
way, topographic, and utility surveys;
c. Property descriptions; ` "
d. Zoning, deed, and other land use re-
strictions;
'y%-~ ~ .~ EJCDC D-70¢-Stnrtdard General Conditions orthe Contract Between Otvoer and Des~ui[dcr - -~r~s4:~..~
- CapyrighY~2ti62.National SocMty of Proressioaal Engineers for EJCDC. All rigbts reserved. ~.. ~ ~ -
' ~ l6 - -
e. Engineering surveys to establish reference
points for design and consttvction which in Owner's
judgment are necessary to enable DesignBuilder to
proceed with the Work; '-
f. Assistance to Design/Builder in filing
documents required to obtain necessary permits,
licenses, and approvals of governmental authorities
having jurisdiction over the Project;
g, Permits, licenses, and approvals of
government authorities Owner is specifically required
to obtain by the Contract Documents; and
h. All subsurface data at or contiguous to the
Site which Owner may have obtained.
7. Review Submittals subject to Owner review
pursuant fio paragraph 6.17.A; and
8. Provide information known to or in the
possession of Owner relating to the presence of materials
and substances at the Site which could create a
Hazardous Environmental Condition.
8.02 Insurance
A. Owner's responsibilities in respect of purchasing
and maintaining liability and properly insurance are set faith
in Article 5.
8.03 Limitations on Owner's Responsibilities
A. The Owner shall not supervise, direct, or have
control or authority over, nor be~ responsible for,
DesignBuilder's means, methods, techniques, sequences, or
procedures of construction or the safety precautions and
programs incident thereto, or for any failure of Design/Builder
to comply with Laws or Regulations applicable to the
furnishing or performance of the Work. Owner will not be
responsible far DesigntBuilder's failure Eo perform the Work
in accordance with the Contract Documents.
8.04 Undisclosed Hazardous Environmental Condldon
A. Owner's responsibility in respect of undisclosed
Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive
Materials uncovered or revealed at the Site is set forth in
paragraph 4.04.
8.05 Resident Project Representation
A. Owner may famish a Resident Project
Representative toy observe the performance of Construction.
The duties, responsibilities end limitations of authority of any
such Resident Froject Representative and a~istants will be as
provided in the Supplementary Conditions.
8.06 Owner's Consultant
A. Owner's ConsultanE, if any, has no duties,
responsibilities, or authorities with respect to Design/Builder, r
unless so provided in the Supplementary Conditions.
ARTICLE 9 - CHANGES IN THE WORK; CLAIMS
9.01 Authorized Changes in the Work
A. Without invalidating the Agreement and without
notice to any surety, Owner may, at any time or from time to
time, order additions, deletions, or revisions in the Work
within the general scope of the Contract by a Change Order ar
a Work Change Directive. Upon receipt of any such
document, Design/Builder shall promptly proceed with the
Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
speclfiically provided).
9.02 Unauthorized Changes in the Work
A. Design/Builder shall not be entitled to an increase .
in the Contract Price or an extension of the Contract Times
with respect to any Work performed that is not required by the
Contract Documents as amended, modified and supplemented
as provided in paragraph 3.04, except in the case of an
emergency as provided in paragraph 6.16 or in the case of
uncovering Construction as provided in paragraph 12.04.
9.03 Claims
A. Notice. If Owner and DesignBuilder are unable to
agree on entitlement to, or on the amount or extent, if a~+, of
an adjustment in the Contract Pride or an adjustment of the
t;onhact Times that should be allowed as a result of any order
of Owner pursuant to paragraph 9.01.A or other occurrence for
which the Contract Documents provide that such
adjustment(s) may be made, a Claim may be made therefor.
Written notice of intent to make such a Claim shall be
submitted to the other party promptly and in no event more
than l5 days after the start of the occurrence or event giving
rise to the Claim,
B. Doctrmerrtatton. Substantiating documentation shall
be submitted by the claiming party within 30 days after
delivery of the notice required by paragraph 9.03.A.
C. Decision. The other party shall render a decision on
the Claim no more than 30 days after the receipt of the
substantiating documentation required by paragraph 9.03.B.
This decision will be final and binding unless the clailning_....~,e,~....
party gives notice of intention to exercise its rights under ""
Article 15 within 30 days of receipt of the decision and
exercises such rights within 30 days of giving the notice of
intent.
'~.;, EJCDC D-700.Standard General Conditions or the Contract 13elwcen Owner and Desigo/Buildcr =++~r~,~.>
d ' ~ Co~'yTight 02oD2.lEaHonal Society orProressioaai Engineers for EJCDC. All rights reserved. _, ~ '~"~° .
17 - -
D. Tinre Limit Extension. The time limits of paragraphs
9.03.B and 9.03.C may be extended by mutual agreement.
9.04 Execution of Change Orders --
A. Owner and Design/Builder shall execute
appropriate Change Orders covering:
1. Changes in the Work which are (i) ordered by
Owner pursuant to paragraph 9.01, (ii} required because
of acceptance of defective Construction under paragraph
12.08 or Ownet's correction of defective Work under
paragraph 12.09 or (iii) agreed to by the parties; and
2. • Changes in the Contract Price or Contract
Times which are agreed to by the parties, including any
undisputed sum or amount of time for Work actually
performed in accordance with a Work Change Directive.
9.05 Notice to Sureties
A. if notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(including, but not limited ta, Contract Price or Contract
Times) is required by the provisions of any Bond to be given
to a surety, the giving of any such notice will be
Desigo/Builder's responsibility. The amount of each
applicable Bond will be adjusted to reflect the effect of any
such change.
ARTICLE 10 - COST OF THE WORK; CASH
ALLOWANCES; UNIT PRICE WORK
10.01 Cost of the Work
A. Costs IrrcJuded. The term Cast of the Work means
the sum of all costs necessarily incurred and paid by
Design/Builder in the proper performance of the Work. When
the value of Work covered by a Change Order or when a
Claim for an adjustment in Contract Price is determined on the
basis of Cost of the Work, the costs to be reimbursed to
DesignlBuilder will be only those additional or incremental
costs required because of the change of the Work or because
of the event giving rise to the Claim. Except as athenvise may
be agreed #o in writing by Owner, such costs shall be in
amounts no higher than those prevailing in the locality of the
Project, shall include only the following items, and shall not
include any of the costs itemized in paragraph 10.O1.B:
1. Payroll costs for employees in the direct
employ of DesignBuilder in the performance of the
Work.undef,;;chedules of job classifications agreed upon
by Owner and Design/Builder.
a. Such employees shall include without
limitation superintendents, foremen, and other
personnel employed full-time at the Site. Payroll
costs for employees not employed full time ~on the
Work shall be apportioned on the basis of their time
spent on the Work. Payroll casts shall include, but
not be limited to, salaries and wages plus the cost of
fringe benefits which shall include social security
contributions, unemployment, excise and payroll
taxes, workers' compensation, health and retin~rrtent
benefits, bonuses, sick leave, vacation and holiday
pay applicable thereto. The expenses of performing
Work after regular working hours, on Satarday,
Sunday or legal holidays, shall be included in the
above to the extent authorized by Owner.
b. Such employees shall also include
engineers, engineering technicians, architects, and
others providing Design Professional Services. For
purposes of this paragraph 10.O1.A.1, Design/Builder
shall be entitled to payment for such employees an
amount equal to salary costs times a factor, both as
designated in the Agreement, for all services
performed or famished by such employees engaged
on the Project.
2. Cost of all materials and equipment famished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith. All t~sh
discounts shall accrue to DesignBuilder unless Owner
deposits funds with Design/Builder with which to make
payments, in which case the cash discounts shall accrue
to Owner. All trade discounts, rebates and refimds and
returns from sale of surplus materials and equipment
shall accrue to Owner, and DesignBuilder shall make
provisions so that they may be obtained.
3. Payments made by Design/Builder to
Subcontractors (excluding payments for Design
Professional Services pursuant to paragraph 10.O1.A.4)
for Work performed or furnished by Subcontractors, if
any subcontract provides that the Subcontractor is to be
paid on the basis of Cost of the Work plus a fee, the
Subcontractor's Cost of the Work and fee shall be
determined in the same manner as DesignBuilder's Cost
of the Work and fee.
4. Payments made by DesignBuilder for Design
Professional Services provided or furnished under a
Design Subagreement.
5. Costs of special consultants (including but not
limited to testing laboratories, surveyors attorneys, and~._ .~.,.¢•..a
accountants) employed for services specifically related to '°
the Work.
6. Supplemental costs including the following
items: _ . _.. _
"~-%; .~ EJCDC D ~pQ.Stan~ard General Conditions of the Contract Between Owner and Design/Bw"lder _ , -~~~: ~-
Copyright 02~t2•Rhrtional Society of Professional Engineers for EJCDC. All rights reserved. ~ .
18 _ -
a. The proportion of necessary transporta-
tion, travel and subsistence expenses of
DesignBuilder's employees incuiied in discharge of
duties connected with the Work.
b. Cost, including transportation and
maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary facilities
at the Site and hand tools nat owned by the workers,
which are consumed is the performance of the Work,
and cost, less market value, of such items used but
not consumed which remain the property of
Design/Builder.
c. Rentals of all construction or engineering
equipment and machinery and the parts thereof
whether rented from Design/Builder or others in
accordance with rental agreements approved by
Owner, and the costs of transportation, loading,
unloading, installation, dismantling and removal
thereof. All such costs shall be in accordance with
the terms of said rental agreements. The rental of any
such equipment, machinery or parts shall cease when
the use thereof is no longer necessary for the Work.
d. Sales, consumer, use, and other similar
taxes related to the Work, and for which
DesignlBuilder is liable, imposed by Laws or
Regulations.
e. Deposits lost for causes other than
negligence of Design/Builder, any Subcontractor or
anyone directly or indirectly employed by any of
them or for whose acts any of them may be liable,
and royalty payments and fees for permits and
licenses.
f. Losses, damages, and related expenses
caused by damage to the Wark not compensated by
insurance or otherwise, sustained by Design/Builder
in connection with the famishing and performance of
the Work provided they have resulted from causes
other than the negligence of DesignBuilder, any
Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of
them may be liable. Such losses shall include
settlements made with the written consent and
approval of Owner. No such Fosses, damages, and
expenses shall be included in the Cost of the Work
for the purpose of determining Design/Builder's fee.
g. The cost of utilities, fuel, and sanitary
facilitie8~at the Site.
b. Minor expenses such as telegrams, long
distance telephone calls, telephone service at the Site,
expressage, and similar petty cash items in
connection with the Work.
i. Cost of premiums for all Bonds and
insurance Design/Builder is required by the Contract
Documents to purchase and mainbin.
B. Costs Excluded. The term Cost of the Work shall not
include any of the following items:
1. Payroll costs and other compensation of
DesignJBuilder's officers, executives, principals (of
partnerships and sole proprietorships), general managers,
engineers, architects, estimators, attorneys, auditors,
accountants, purchasing and contracting agents,
expediters, timekeepers, clerks and other personnel
employed by Design/Builder whether at the Site or in
DesignBuilder's principal or a branch office for general
administration of the Work and not specifically included
in the agreed upon schedule of job classifications
referred to in paragraph 10.O1.A. 1, all of which are to be
considered administrative costs covered by the
DesignlBuilder's fee.
2. Expenses of DesignBuilder's principal and
branch offices other than Design/Builder's office at the
Site.
3. Any part of Design/Builder's capital expenses,
including interest on DesignBuilder's capital employed
for the Work and charges against DesignBuilder for
delinquent payments.
4. Costs due to the negligence of DesignBuilder,
any SubcontracWy or anyone directly or indirectly
employed by any of them or for whose acts any of them
may be liable, including but not limited to the correction
of defective Work, disposal of materials or equipment
wrongly supplied, and making good any damage to
property.
5. Other overhead or general expen"se costs of
any kind and the costs of any item not specifically and
expressly included in paragraph 10.01 .A.
C. Design/Bzrilder's Fee. When all the Work is
performed on the basis of cost-plus, Design/Builder's fee shall
be as set forth in the Agreement. When the value of the Work
covered by a Change Order is determined on the basis of Cost
of the Work, DesignBuilder's fee shall 6e determined as set
forth in paragraph 11.O1.C.
D. Documentation. Whenever the cost of any Work is
to be determined pursuant to paragraph 10.0I.A and 10.O1.B,
Design/Builder will establish and maintain records thereof in
accordance with generally accepted accouni~ng practices and._ ..,,,...~.. <.-
submit in a form acceptable to Owner an itemized cost ` "
breakdown together with supporting data.
'"~"' ~ •~ EJCDC D-70Q•St4o<lard General Coaditlons ortho Contract Between Owner and DesignlBurlder ~• ~.
" CopyrightID2aQ2•Rational Society or Professional Engineers for EJWC. All rights reserved. ~. ~ ~"
19 ~ -
10.02 Cash Allowances
A. The Contract Price includes all allowances so
named in the Contract Documents. DesigttlBuilder shall cause
the Work so covered to be performed for such sums as may be
acceptable to Owner. DesignBuilder agrees that:
I. The allowances include the cost to
Design/BuiIder (less any applicable trade discounts) of
materials and equipment required by the allowances to
be delivered at the Site, and all applicable taxes; and
2. Except as set forth in the Contract Documents,
Design/Builder's costs for unloading and handling on the
Site, Iabor, installation casts, overhead, profit, and other
expenses contemplated for the allowances have been
included in the Contract Price and not in the allowances,
and no demand for additional payment on account of any
of the foregoing will be valid.
.B. Prior to final payment, an appropriate Change
Order will be issued to reflect actual amounts due
Desigo/Builder on account of Work covered by allowances,
and the Contract Price shall be correspondingly adjusted.
10.03 Unlt Prices
A. Where the Contract Documents provide that all or
part of the Work is to be Unit Price Work, iruitially the
Contract Price will be deemed to include for all of Unit Price
Work an amount equal to the sum of the established unit
prices for each separately identified item of Unit Price Work
times the estimated quantity of each item as indicated in the
Agreement. The estimated quantities of items of Unit Price
Work are not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract Price.
Determinations of the actual quantities and classifications of
Unit Price Work performed by DesigttlBuilder will be made
by Owner.
B. Each unit price will be deemed to include an
amount considered by Design/Builder to be adequate to cover
DesignBuilder's overhead and profit for each separately
identified item.
C. DesignBuilder or Owner may make a Claim for an
adjustment in the Contract Price in accordance with Article 9
if
1. the quantity of any item of Unit Price Work
performed by DesignBuilder differs materially and
significantly from the estimated quantity of such item
indicated in the Contract Documents;
2. there is no corresponding adjustment with
respect to any other item of Work; and
3. DesignlBuilder believes that it is entitled to ad
increase in Contract Price as a result of having incurred
additional expense or Owner believes it is entitled to a
decrease in Contract Price and the parties are unable to
agree as to the amount of any such increase or decrease.
ARTICLE I1-CHANGE OF CONTRACT PRICE;
CHANGE OF CONTRACT TIMES
11.01 Change of Contract Prie
A. The Contract Price may only be changed by a
Change Order. Any Claim for an adjustment in the Contract
Price shall be based on written notice delivered by the party
making the Claim to the other party promptly in accordance
with paragraph 9.03.A.
B. The value of any Work covered by a Change Order
or of any Claim for an adjustment in the Contract Price will be
determined as follows:
1. Where the Work involved is covered by unit
prices contained in the Contract Documents, by
application of such unit prices to the quantities of the
items involved (subject to the provisions of paragraph
10.03); or
2. Where the Work involved is not covered by
unit prices contained in the Contract Documents, by a
mutually agreed lump sum (which may include an
allowance for overhead and profit not necessarily in
accordance with paragraph ] 1.O1.C.2); or
3. Where the Work involved is not covered by
unit prices contained in the Contract Documents and
agreement to a lump sum is not reached under paragraph
11.OI.B.2, on the basis of the Cost of the Work
{determined as provided in paragraph 10.01) plus a
DesignBuilder's Fee for overhead and profit {determined
as provided in paragraph 11.OI.C).
C. DesigotBuilder's Fee: The DesignBuilder's fee for
overhead and profit on Change Orders shall be determined as
follows:
1. A mutually acceptable fixed fee; or
2. If a fixed fee is not agreed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
a. For costs incurred under paragraphs
I O.OI .A.l .a and l O.OI A.2, the Design/Builder's fee
shall be IS percent;
~,~„~ ,~ EJCDC D-70o,Stnndard General Conditions of the Confrud Berivicen Owner and Design/Baildcr :a.,y
~, Copyright ~2QOx.Nntional Society of Professleaal Engineers for EJCDC. All rights reserved. -.: ~ `35- _
` .'. 20 -
b. For costs incurred under paragraph
IO.O1.A.3 IO.OI.A.4, IO.O1.A.5 and IO.O1.A.6, the
Design/Builder's fee shall be five percent;
c. Where one or more tiers of subcontracts
are on the basis of Cost of the Work plus a fee and no
fixed fee is agreed upon, the intent of paragraphs
11.O1.C.1 and 11.O1.C.2.a is that the Subcontractor
who actually performs or furnishes Work, at
whatever tier, will be paid a fee of 15 percent of the
costs incurred by such Subcontractor under pars
graphs lO.Ol.A.1 and IO.O1.A.2 and that any higher
tier Subcontractor and Design/Builder will each be
paid a fee of five percent of the amount paid to the
next lower tier Subcontractor;
d. The amount of credit to be allowed by
DesignlBuilder to Owner for any change which
results in a net decrease in cost will be the amount of
the actual net decrease in cost plus a deduction in
DesignBuilder's fee by an amount equal to five
percent of such net decrease; and
e. When both additions and credits are
involved in any one change, the adjustment in
DesignBuilde~'s fee shall be computed on the basis
of the net change in accordance with paragraphs
l 1.OI .C.2.a through 11.O1.C2.d, inclusive.
11.02 Change of Contract Times
A. The Contract Times (or Milestones) may only be
changed by a Change Order Any Claim for an adjustment of
the Contract Times (or Milestones) shall be based on written
notice pursuant to paragraph 9A3.A.
B. Delays Beyond Design/Builder's Control. Where
DesignBuilder is prevented from completing any part of the
Work within the Contract Tunes (or Milestones) due to delay
beyond the control of Design/Builder, the Contract Times (or
Milestones) will be extended in an amount equal to the time
lost due to such delay if a Claim is made therefor as provided
in paragraph 11.02.A. Delays beyond the control of
DesignBuilder shall include, but not be limited to, acts or
neglect by Owner, governmental agencies, acts or neglect of
utility owners or other contractors performing other
construction work as contemplated by Article 7, fires, floods,
epidemics, abnormal weather conditions, or acts of God.
C. )f Owner or other contractor or utility owners
performing other work for Owner as contemplated by
Article 7, or anyone for whom Owner is responsible, delays,
disrupts, or interferes with the performance or progress of the
Work, then DesignBuilder shall be entitled to an equitable
adjustment in the Corract Price or the Contract Times, or
both. DesignBuilder's entitlement, to an adjustment of the
Contract Times is conditioned on such adjustment being
essentiaE to DesignBuilder's ability to complete the Work
within the Contract Times.
D. [f Design/Builder is delayed in the performance or
progress of the Work by fire, flood, epidemic, abnormal
weather conditions, acts of God, acts or failures to' act ol'~'
utility owners not under the control of Owner, or other causes
not the fault of and beyond control of Owner and
Design/Builder, then Design/Builder shall be entitled to an
equitable adjustment in Contract Times, if such adjustment is
essential to Design/Buiider's ability to complete the Work
within the Contract Times. Such an adjustment shall be
Desigo/Builder's sole and exclusive remedy for the delays
described in this Paragraph 11.02.C.
E. Owner and Owner's Consultant shall not be liable
to DesignBuilder for any claims, costs, losses, or damages
(including but not limited to all fees anti charges of engineers,
architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) sustained by
Design/Builder on or in connection with any other project or
anticipated project.
F. Design/Builder shall not be entitled to an~
adjustment in Contract Price or Contract Times for delays
within the control of DesignBuilder. Delays attributable to
and within the control of a Subcontractor or Supplier shall be
deemed to be delays within the control of Design/Builder.
ARTICLE 12 -TESTS AND IlVSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE CONSTRUCTION
12.01 Notice of Defects
A. Owner shall give DesignlBuilder prompt written
notice of all defective Construction of which Owner has actual
knowledge. All defective Construction may be rejected,
corrected or accepted as provided in this Article 12.
12.02 Access to Comstrutction
A. Owner, Owners Consultants, other representatives
and personnel of Owner, independent testing laboratories and
governmental agencies with jurisdictional interests will have
access to the Site and the Construction at reasonable times for
their observation, inspecting, and testing. Design/Builder
shall provide them proper and safe conditions for such access
and advise them of Design/Builder's Site safety procedures
and programs so that they may comply therewith as
applicable.
12.03 Tests and Inspections
_... ~,.,~...r
A. If the Contract Documents or Laws or Regulations °
of any public body having jurisdiction require any part of the
Construction specifically to be inspected, tested or approved,
Design/Builder shall assume ful[ responsibility for arranging
and obtaining such inspections, tests or approvals, pay all r. _ _
.,~,, , BJCDC n-700RStandard General CondiHogs of the Contract Behveeu O~vuer uud Desigu/Bunder -;:..~ _
'~ Copyright ®2011,?'.l~ational Society of Profossiooal Engineers for Fj.fCDC. All rights reserved. - ~ ~ ~ 'r °
costs in connection therewith, and furnish Owner the required
certificates of inspection or approval. Design/ Builder shall
also be responsible for arranging and obtaining and shall pay
all costs in connection with any inspections; tests, or approvals
required for Owner's acceptance of materials or equipment to
be incorporated in the Work or of materials, mix designs, or
equipment submitted for approval prior to Desigtt/Builder's
purchase thereof for incorporation in the Work.
B. DesignlBuilder shall give Owner reasonable notice
of the planned schedule for all required inspections, tests, or
approvals.
C. If any Construction (or the construction work of
others) that is required to be inspected, tested, or approved is
covered by DesignJBuilder without written concurrence of
Owner, it must, if requested by Owner, be uncovered for
observation at Design/Buikier's expense unless Design/
Builder has given Owner timely notice of Design/Builder's
intention to cover the same and Owner has not acted with
reasonable promptness in response to such notice.
12.04 Uncovering Construction
A. If any Construction is covered contrary to the
written request of Owner, it must, if requested by Owner, be
uncovered for Owner's observation and recovered at
DesignBuilder's expense.
B. If Owner considers it necessary or advisable that
covered Construction be observed by Owner or inspected or
tested by others, Design/Builder, at Owner's request, shall
uncover, expose or otherwise make available for observation,
inspection or testing as Owner may require, that portion of the
Construction in question, furnishing all necessary labor,
material and egnipment. If it is found that such Constuction
is defective, DesignBuilder shall pay all costs and damages
caused by or resulting from such uncovering, exposure,
observation, inspection and testing and of satisfactory
replacement or reconstruction, (including but not limited to all
fees and charges of engineers, architects, attorneys and other
professionals, all court or arbitration or other dispute
resolution costs, and all costs of repair or replacement of
work of others); and Owner shall be entitled to an appropriate
decrease in the Contract Price, and, if the parties are unable to
agree as to the amount thereof, Owner may make a Claim
therefor as provided in Article 9. If, however, such
Construction is not found to be defective, DesignBuilder shall
be allowed an increase in the Contract Price or an extension of
the Contract Times (or Milestones), or both, directly
attributable to such uncovering, exposure, observation,
inspection, testing, replacement and reconstruction. If the
patties are unable to agree as to the amount or extent thereof,
Design/Builder may make a CIaim therefor as provided in
Article 9.
12.OS Owner May Stop Construction
A. If Construction is defective, or DesignBuilder fails
to supply sufficient skilled workers or suitable materials or -`
equipment, or fails to furnish or perform Construction in such
away that the completed Construction will conform to the
Contract Documents, Owner may order Design/Buiider to stop
Construction or any portion thereof, until the cause for such
order has been eluninated; however, this right of Owner to
stop Construction will not give rise to any duty on the part of
Owner to exercise this right for the benefit of Design/Builder
or any other party.
12.06 Correction or Removal of Defective Construction
A. Owner will have authority to disapprove or reject
defective Construction and will have authority to require
special inspection or testing of the Construction whether or not
the Construction is fabricated, installed or completed. If
required by Owner, DesignBuilder shall promptly, as
directed, either correct all defective Construction, whether or
not fabricated, installed or completed, or, if the Construction
has been rejected by Owner, remove it from the Site and
replace it with non-defective Construction. DesignfBuilder
shall bear all direct, indirect, and consequential costs of such
correction or removal (including but not limited to fees and
charges of engineers, architects, attorneys aad other
professionals and all court, arbitration, or other dispute
resolution costs) arising out of or relating to such correction or
removal.
12.07 Correction Period
A. If within one year after the date of Substantial
Completion of the entire Work or such longer period of time
as may be prescribed by Laws or Regulations or by the terms
of any applicable special guarantee required by the Contract
Documents or by any specific provision of the Contract
Documents, any Construction is found to be defective,
Design/Builder shall promptly, without cost to Owner and in
accordance with Owner's written instructions, (i} correct such
defective Construction, or, if it has been rejected by Owner,
remove it from the Site and replace it with Construction that is
not defective, and (ii) satisfactorily correct or remove and
replace any damage to other Construction or the work of
others resulting therefrom. If Design/Builder does not
promptly comply with the teens of such instructions, or in an
emergency where delay would cause serious risk of ]oss or
damage, Owner may have the defective Construction
corrected or the rejected Construction removed and replaced,
and all costs, losses, and damages caused by or resulting from
such removal and replacement (including but not limited to al]
fees and charges of engineers, architects, attorneys and other
professionals, all court or. arbitration or other _dispute_ .~,~,,_:
resolution costs, and all costs of repair or replacement of work - ~°
of others) will be paid by DesignBuilder.
B. In special circumstances where a particular item of
equipment is placed in continuous service before Substantial _ _ _
~,;~ ,~ EJCDC D-900,Standard General Conditions of the Contract Benveea Owner and DesignJBuilder ::awry,,
k ` ~ Capyrighf ~211(i~.l0ationa[ Society of Professional Engineers for EJCDC. All rights reserved. - -` -: ~ ~~ -
" ~ 22 _ _
Completion of all the Work, the correction period for that item
may start to run from an earlier date if so provided in the
Conceptual Documents.
C. Where defective Construction {and damage to other
Construction resulting therefrom) has been corrected, removed
ar replaced under this paragraph 12.07, the correction period
hereunder with respect to such Construction will be extended
for an additional period of one year after such correction or
removal and replacement has been satisfactorily completed.
12.08 Acceptance of Defective Conslructlon
A. If, instead of requiring convection or removal and
replacement of defective Construction, Owner prefers to
accept it, Owner may do so. Design/Builder shall pay afl
casts, loges, • and damages (including but not limited to all
fees and charges of engineers, architects, attorneys and other
professionals and all court or arbitration or other dispute
resolution costs) attributable to Owner`s evaluation of and
determination to accept such defective Construction. If any
such acceptance Qccurs prior to final payment, a Change Order
will be issued incorporating the necessary revisions in the
Contract Documents, and Owner shall be entitled to an
appropriate decrease in the Contract Price reflecting the
diminished value of the Construction so accepted. If the
parties are unable to agree as to the arnaunt thereof, Owner
may make a Claim therefor as provided in Article 9. ff the
acceptance occurs after final payment, an appropriate amount
will be paid by DesignBuilder to Owner.
12.09 Owner May Correct Defective Construction
A. If DesignBuilder fails within a reasonable time
after written notice from Owner to correct defective
Construction or to remove and replace rejected Constnrction
as required by Owner in accordance with paragraphs 12.06A
or 12.07.A, or if DesignBuilder fails to perform the
Construction in accordance with the Contract Documents, or if
Design/Builder fails to comply with any other provision of the
Contract Documents, Owner may, after seven days' written
notice to Design/Builder, correct and remedy any such
deficiency.
B. In exercising the rights and remedies under this
paragraph 12.09 Owner shall proceed expeditiously. In
connection with such corrective and remedial action, Owner
may exclude Design/Builder from all or part of the Site, take
possession of all or part of the Construction, and suspend
DesignBuilder's services related thereto, take possession of
DesignBuilder's tools, appliances, construction equipment
and machinery at the Site, and incorporate in the Construction
all materials and equipment stored at the Site or for which
Owner has. paid DesignBuilder but which are stored
elsewhere. DesignlBuilder shall allow Owner, Owner's
Consultant, Owner's representatives, agents, employees, and
other contractors aces to the Site to enable Owner to
exercise the rights and remedies under this paragraph.
C. All costs, losses, and damages (included but not
limited to fees and charges of engineers, architects, attorneys
and other professionals, all court or arbitration or other dispute
resolution costs and all costs of repair or replacement of work~-
of others) incurred or sustained by Owner in exercising such
rights and remedies under this paragraph 12A9 will be
charged against DesignBuilder and a Change Order will be
issued incorporating the necessary revisions in the Contract
Documents, and Owner shall be entitled to an appropriate
decrease in the Contract Price. If the parties are unable to
agree as to the amount thereof, Owner Wray make a Claim
therefor as provided in Article 9.
D. Design/Builder shall not be allowed an extension of
the Contract Times (or Milestones) because of any delay in the
perfornumce of the Work attributable to the exercise by Owner
of Owner's rights and remedies under this paragraph 12.09.
ARTICLE I3 -PAYMENTS TO DESIGNBUILDER
AND COMPLETION
13.01 Schedule of Valaes
A. The Schedule of Values established as provided in
paragraph 2.06.A will serve as the basis for progress
payments. Progress payments on account of Unit Price Work
will be based on the number ofunits completed.
13.02 Applieatlon for Progress Payment
A. On or abo~ the date established in the Agreement
for submission of each application for progress payment (but
not mom often than once a month), Design/Builder shall
submit to Owner for review an Application for Payment filled
out and signed by Design/Builder covering the Work
completed as of the date indicated on the Application and
accompanied by supporting documentation as required by the
Contract Documents. If payment is requested on the basis of
materials and equipment not incorporated in the Work but
delivered and suitably stored at the Site or at another location
agreed to in writing, the Application for Payment shall also be
accompanied by a bill of sale, invoice or other documentation
warranting that Owner has received the materials and
equipment free and clear of alI Liens and evidence that the
materials and equipment are covered by appropriate property
insurance and other arrangements to protect Owner's interest
therein, all of which will be satisfactory to Owner.
B. Beginning with the second Application for
Payment, each Application shall include an affidavit of
Design/Builder stating that all previous progress payments
received on account of the Work have been applied on.account_. ~,~_, ..
to discharge Design/Builder's legitimate obligations associated ~ "°
with prior Applications for Payment.
C. The amount of retainage with respect to progress
payments will be as stipulated in the Agreement. ..._ ,. _
. ~; .~ 1t.ICDC D-70Q,Standard General CondlHons of the Contract Bohveeo Owner and Design/Builder ~:~~:~~
Co~yPightSi21102{Vationa! Soctety of ProfcssIonal Engtnecrs for EJCDC. All rights reserved. ~ _ ~ _
23 - -
13.83 Progress Payments
A. Procedure. Progress payments sHall be made by the
Owner to the Design/Builder according to the following
procedure:
1. Owner will, within ten days of receipt of each
Application for Payment, either indicate in writing its
acceptance of the Application and state that the
Application is being processed for payment, or return the
Application to DesignlBuilder indicating in writing its
reasons for refusing to accept the Application. Not more
than ten days after accepting such Application the
amount will become due and when due will be paid by
Owner to Design/Builder.
2. If Owner should fail to pay Design/Builder at
the time the payment of any amount becomes due, then
Design/Builder may, at any time thereafter, upon serving
written notice that he will stop the Work within seven
days after receipt of the notice by Owner, and after such
seven day period, stop the Work until payment of the
amount owing has been received. Written notice shall be
deemed to have been duly served if sent by certified mail
to the last known business address of Owner.
3. Payments due but unpaid shall bear interest at
the rate specified in the Agreement.
4. No Progress Payment nor arty partial or entire
use or occupancy of the Project by Owner shall
constitute an acceptance of any Work not in accordance
with the Contract Documents.
B. Redaction in or Refusal to Make Payment. Owner
may refuse to make the whole or any part of any such
payment, or because of subsequently discovered evidence or
the results of subsequent inspections or tests, nullify any
previous payment, to the extent that is reasonably necessary to
protect Owner from loss because:
I. the Construction is defective, or completed
Construction has been damaged requiring correction or
replacement; or
2. the Contract Frice has been reduced by
Change Order; or
3. Owner has•been required to correct defective
Construction or complete Work in accordance with
paragraph 12.t)9.A; or
4. _ Owner has actual knowledge of the
occurrence ~ of any of the events enumerated in
paragraphs 14.02.A.; or
5. Claims have been made against Owner on
account of Design/Builder's performance or furnishing of
the Work; or
6. Liens have been filed in connection with the
Work, except where Design/Buiider has delivered a
specific Bond satisfactory to Owner to secure the
satisfaction and discharge of such Liens; or
7. There are other items entitling Owner to a set
off against the amount for which application is made.
G. If Owner refuses to make payment of the foil
amount requested by DesignBuilder, Owner must give
DesignBuilder immediate written notice stating the reasons
for such action and promptly pay Design/Builder any amount
remaining after deduction of the amount withheld. Owner
shall promptly pay DesignBuilder the amount withheld or eny
adjustment thereto agreed to when DesignlBuilder corrects to
Owner's satisfaction the reason for such action.
13.04 Design/Builder's 1%Yarranty of Title
A. Design/Builder warrants and guarantees that title to
all Construction, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project
or not, will pass to Owner no later than the time of payment
free and clear of alI Liens.
13.05 Substantial Completion
A. When DesignBuilder considers the Work ready for
its intended use Design/Builder shall notify Owner in writing
that the Work is substantially complete (except for items
specifically listed by Design/Builder as incomplete) and
request that Owner issue a certificate of Substantial
Completion. Promptly thereafter, Owner and Design/Builder
shall make an inspection of the Work to determine the status
of completion. If Owner does not consider the Work
substantially complete, Owner will notify Design/Builder in
writing giving the reasons therefor. If Owner considers the
Work substantially complete, Owner will prepare and deliver
to Design/Builder a certificate of Substantial Completion
which shall fix the date of Substantial Completion. There
shall be attached to the certificate a list of items to be
completed or corrected before final payment. At the time of
delivery of the certificate of Substantial Completion Owner
will deliver to Design/Builder a written determination as to
division of responsibilities pending final payment between
Owner and Design/Builder with respect to security, operation,
safety, protection of Construction, rrraintenance, heat, utilities,
insurance and warranties and guarantees.
B. Owner will have the right to exclude_...4,~.r,.,,_a
DesignlBuilder from the Site after the date of •Substandal ` "'
Completion, but Owner will allow Design/Builder reasonable
access to complete or correct items on the list of items to be
completed.
~,;,~ ,~ T.dCDC D-700 Standard General Conditions or the Coatract Bohveen O~vncr and Dcslgn1Bu91dor -~~
Copyr[ght tt~200iE.lwrttooal Society or Profosslona[ Englaeers for EJCDC. All rights reserved. " -` J ~ =':°
., 24
13.06 Partial Utilization
A. Prior to Substantial Completion of all the Work,
Owner may use or occupy any substantiatl~ completed part of
the Construction which (i) has specifically been identified in
the Contract Documents, or (ii) Owner and Design/Builder
agree constitute a separately functioning and usable part of the
Construction that can be used by Owner for its intended
purpose without significant interference with Design/ Builder's
performance of the remainder of the Construction, subject to
the following:
1. Owner at any time may request
Design/Builder in writing to permit Owner to use or
occupy any such part of the Construction which Owner
believes to be ready for its intended use and substantially
complete. If DesignBuilder agrees that such part of the
Work is substantially complete, DesignBuiider will
certify to Owner that such part of the Construction is
substantially complete and request Owner to issue a
certificate of Substantial Completion for that part of the
Construction. DesignlBuilder at any time may notify
Owner in writing that DesignBuilder considers any such
part of the Work ready for its intended use and
substantially complete and request Owner to issue a
certificate of Substantial Completion for that part of the
Work. Within a reasonable time aRer either such
request, Owner and DesignBuilder shall make an
inspection of that part of the Work to determine its status
of completion. If Owner does not consider that part of
the Work to be substantially complete, Owner will notify
Design/Builder in writing giving the reasons therefor. If
Owner considers that part of the Work to be substantiaEly
complete, the provisions of paragraph 13.05 will apply
with respect to certification of Substantial Completion of
that part of the Work and the division of responsl'bility in
respect thereof aad access thereto.
2. No use or occupancy of part of the
Construction will be accomplished prior to compliance
with the requirements of paragraph 5. (0 regarding
property insurance.
13.07 Finallnspection
A. Upon written notice from Design/Builder that the
entire Work or an agreed portion thereof is complete, Owner
will make a final inspection with DesignBuilder and will
notify DesignBuilder in writing of all particulars in which this
inspection reveals that the Work is incomplete or defective.
DesignBuilder shall immediately take such measures as are
necessary to complete such Work or remedy such deficiencies.
13.08 Final Pay1{ren!
A. Application for Payment.
_ 1. After Design/Builder has completed all such
conrections to the satisfaction of Owner and delivered in
accordance with the Contract Documents all
maintenance and operating instructions, schedules,
guarantees, Bonds, certificates or other evidence of
insurance, certificates of inspection, record documents
(as provided in paragraph 6.12) and other documents,
DesignBuilder may make application for final payment
following the procedure for progress payments. "
2. The final Application for Payment shall be
accompanied (ualess previously delivered) by: (i) all
documentation called for in the Contract Documents,
including but not limited to the evidence of insurance
required by pazagraph S.Od.B.7; {ii) consent of the
surety, if any, to final payment; and (iii) complete and
legally effective releases or waivers (satisfactory to
Owner} of all Liens arising out of or bled in connection
with the Work.
3. In Lieu- of such releases or waivers of Liens
specified in paragraph 13.08.A.2 and as approved by
Owner, DesignlBuilder may famish receipts or releases
in full and an affidavit of DesignBuilder that: (i) the
releases and receipts include all labor, services, material
and equipment for which a Lien could be filed, and
(ii) all payrolls, material and equipment bills and other
indebtedness connected with the Work for which Owner
or Owner's property might in any way be responsible
have been paid or otherwise satisfied. If any
Subcontractor or Supplier fails to famish such a release
or receipt in full, DesignBuilder may umish a Bond or
other collateral satisfactory to Owner to indemnify
Owner against any Lien.
B. Final Payment and ~Icceptance. If Owner is satisfied
that the Work has bean completed and Design/Bnilder's other
obligations under the Contract Documents have been fulfilled,
Owner will, within ten days aRer receipt of the final
Application for Payment, give written notice to
DesignlBuilder that the Work is acceptable. Otherwise,
Owner will return the Application to DesignBuilder,
indicating in writing the reasons for reusing to process final
payment, in which case Desigo/Builder shall make the
necessary corrections and resubmit the Application.
C. Payment Becomes Dtle. Thirty days after the
presentation. to Owner of the acceptable Application and
accompanying documentation, in appropriate form and
substance and with Owner's notice of acceptability, the
amount will become due and will be paid by Owner to
Design/Builder.
13.09 Final Completion Delayed
A. If, through no fault of Design/Builder,. final._.. _,,,.~;..,.
completion of the Work is significantly delayed, Owner shall, " "'
upon receipt of Design/Builder's final Application for
Payment, and without terminating the Agreement, make
payment of the balance due for that portion of the Work fully
completed and accepted. if the remaining balance to be held .- . ~ _
~o+,;,;_ . EJCDC D-70Q.,Stpndard General Conditions of the Contract Behveen Owner and DesigaBnflder _ z ~•'~.
" ~ Copyright co20tf;4 i'tatlonol Society of Profe~lonal Englncers iar EJCDC. All rights reserved. J . ~ '~°
`- ,. ZS - _
by Owner for Work not fully completed or corrected is less
than the retainage stipulated in the Agreement, and if Bonds
have been furnished as required in paragraph S.O1.A, the
written consent of the surety to the payment of the balance
due for that portion of the Work fully completed and accepted
shall be submitted by Design/Builder to Owner with the
Application for such payment. Such payment shall be made
under the terms and conditions govemirtg final payment,
except that it shall not constitute a waiver of Claims.
13.10 Waiver of G7aims
A. The making and acceptance of final payment will
constitute:
1. A waiver of all Claims by Owner against
Design/Builder, except Claims arising firnn uffiettled
Liens, from defective Constriction appearing after final
inspection pursuant to paragraph ]3.07, from failure to
comply with the Contract Documents or the terms of any
special guarantees specified therein, or from
Design/Builder's continuing obligations under the
Contract Documents; and
2. A waiver of alI Claims by DesignBuilder
against Owner other than those previously made in
writing and still unsettled.
ARTICLE 14 -SUSPENSION OF WORK AND
TERMINATION
14.01 O-w:er May Suspend Work
A. At any time and without cause, Owner may suspend
the Work or any portion thereof for a period of not more than
90 days by notice in writing to DesignlBuilder which will fix
the date on which Work will be resumed. Design/Builder
shall resume the Work on the date so fixed. DesignBuilder
shall be allowed an adjustment in the Contract Price or an
extension of the Contract Times, or both, directly attributable
to any such suspension if DesignBuilder makes a Claim
therefor as provided in Article 9.
14.02 Otvner May Terminate for Carrse
A. The occurrence of any one or more of the following
events justifies termination for cause:
J. Design/Builder's persistent failure to perform
the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to aelhe're to the progress schedule established
under paragraph 2.06.A as adjusted from time to time
pursuant to paragraph 6.05).
2. DesignBuilder's disregard of Laws or
Regulations of any public body having jurisdiction.
3. Design/Builder's violation in any sutistantiaT` -"
way of provisions of the Contract Documents.
B. If one or more of the events identified in paragraph
14.OZA occur, Owner may, after giving DesignBuiider (and
the surety, if any} seven days' written notice, terminate the
services of DesignBuilder, take possession of any completed
Drawings and Specifications prepared by or for
DesignBuilder (subject to the indemnification provisions of
paragraph 3.OS.A}, exclude Design/Builder from the Site, and
take possession of the Work and of all Design/Builder's tools,
appliances, construction equipment and machinery at the Site
and use the same to the full extent they could be used by
DesignBuilder (without liability to Design/Builder for
trespass or conversion), incorporate in the Work all materials
and equipment stored at the Site or for which Owner has paid
Design/Builder but which are stored elsewhere, aid finish the
Work as Owner may deem expedient. In such case
DesignBuilder shall not be entitled to receive any further
payment until the Work is finished. ff the unpaid balance of
the Contract Price exceeds all costs, losses and damages
sustained by Owner arising out of or resulting from
completing the Work (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} such excess will be paid to DesignBuilder.
If such costs, losses and damages exceed such unpaid balance,
Design/Builder shall pay the difference to Owner. Such costs,
losses and damages incurred by Owner will be incorporated in
a Change Order. When exercising any rights or remedies
under this paragraph Owner shall not be required to obtain the
lowest price for the Work performed.
C. Notwithstanding Paragraph 14.02.B, Design/
Builder's services will not be terminated if Design/Builder
begins, within seven days of receipt of notice of intent to
temunate, to correct its failure to perform and proceeds
diligently to cure such failure within no more than 30 days of
receipt of said notice.
D. Where Design/Builder's services have been so
terminated by Owner, the termination will not affect any rights
or remedies of Owner against DesignBuilder then existing or
which may thereafter accrue. Any retention or payment of
moneys due DesignBuilder by Owner will not release
Design/Buitder from liability.
14.03 Otvner May Terminate for Convenience
A. Upon seven days' written notice to DesignBuilder,
Owner may, without cause and without prejudice to any other-....~,~...>
right or remedy of Owner, elect to terminate the Contract. In "'
such case, DesignlBuilder shall be paid (without duplication of
any items) for:
~.. s ,~ EJCDC D-70atStandard General Conditions of the Contract Between Otivner and DestgnBut[der - -:~•~ "`-~- -
Copyright (£i20 jt IY~atianal Soctety of Professioaa) Engineers for EJCDC. Ail rfghfs reserved. J ~ ~° . _
''~ ~ 26 - -
I. Completed and acceptable Work executed in
accordance with the Contract Documents prior to the
effective date of termination, including fair and
reasonable sums for overhead and profit on such Work;
2. Expenses sustained prior to the effective date
of termination in performing services and furnishing
labor, materials or equipment as required by the Contract
Documents in connection with uncompleted Work, plus
fair and reasonable sums for overhead and profit on such
expenses;
3. Amounts paid in settlement of terminated
contracts with Subcontractors, Suppliers and others
(including but not limited to all fees and charges of
engineers, architects, attorneys and other professionals
and all court or arbitration or other dispute resolution
costs incurred in connection with temunation of
contracts with Subcontractors, Suppliers and others); and
4. Reasonable expenses directly attributable to
termination.
B. Except as provided in paragraph 14.03.C,
Design/Builder shall not be paid on account of loss of
anticipated profits or revenue or other economic loss arising
out of or resulting from such termination.
14.04 DesignBuilder May Stop Work or Terminate
A. lf, through no act or fault of Design/Buitder, the
Work is suspended for a period of more than 90 days by
Owner or under an order of court or other public authority, or
Owner fails to act on any Application for Payment within
thirty days after it is submitted or Owner fails for thirty days
to pay Design/Builder any sum finally determined to be due,
then DesignBuilder may, upon seven days' written notice to
Owner, and provided Owner does not remedy such suspension
or failure within that time, terminate the Agreement and
recover from Owner payment on the same terms as provided
in paragraph 14.03.A. In lieu of terminating the Agreement
and without prejudice to any other right or remedy, if Owner
has failed for 30 days to pay Design/Builder any sum finally
determined to be due, Design/Builder may upon seven days'
written notice to Owner stop the Work until payment is made
of all such amounts due DesignBuilder, including interest
thereon. The provisions of this paragraph 14.04.A are not
intended to•preclude DesignBnilder from making Claim under
Article 9 for an increase in Contract Price or Contract Times
or otherwise for expenses or damage directly attributable to
DesignBuilder's stopping Work as permitted by this
paragrhph.
ARTICLE 15 -DISPUTE RESOLUTION
15.01 Methods and Procedures
A. Dispute resolution methods and procedures, if ariy, shall - y
be as set forth in the Supplementary Conditions. If no such
method and procedure has been set forth, Owner and
DesignlBuilder may exercise such rights or remedies as either
may otherwise have under the Contract Documents or by
Laws or Regulations in respect of any dispute.
ARTICLE 16 -MISCELLANEOUS
16.01 Giving Notice
A. Whenever any provision of the Contract
Documents requires the giving of written notice, it will be
deemed to have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of the
corporation for whom it is intended, or if delivered at or sent
by certified mail, postage prepaid, to the last business address
known to the giver of the notice.
16.02 Computation of Times
A. When any period of time is referred to in the
Contract Documents by days, it will be computed to exclude
the first and include the Lest day of such period If the last day
of any such period falls on a Saturday or Sunday or on a day
made a legal holiday by the law of the applicable jurisdiction,
such day will be omitted from the computation.
16.03 Cumulative Remedies
A. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto are in addition to, and are not to
be construed in any way as a limitation of, any rights and
remedies available to any or all of them which are otherwise
imposed or available by:
1. Laws or Regulations; or
2. any special warranty or guarantee; or
3. other provisions of the Contract Documents.
B. The provisions of paragraph 16.03.A will be as
effective as if repeated specifically in the Contract Documents
in connection with each particular duty, obligation, right and
remedy to which they apply.
16.04 Survival of Obligations _ _ - ~... ~.F,.,
A. All representations, indemnifications, warranties
and guarantees made in, required by or given in accordance
with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will survive _. _ _
'~.. -v , EJCbC D-7Q0 S;ando,~d General Conditions orthe Contract t3etwcea Owner anti Design/Bniider ~•~ '"-
Y~ ~ Capyrtghf ®20lt~~i~iational Society of Professional Engineers for EJCDC. All rights reserved. ~ . ~ _
-. 27 - -
final payment, completion and acceptance of the Work and .
termination or completion of the Contract.
1b.05 Controlling Late '- `"
A. The Contract Documents will be construed in
accordance with the taw of the place of the Project.
• - - ~ -.rte °-
~ ~ .~ EJCDC D-71F8,$tnndard General Conditions of the Contract Between Owner and Dealgn/Bnildcr z -..:,.fir
Copyright (9Z062.iilational5ocicty ot't?rofcasionat E~nTnecrs for EJCDC. AO rights reserved. ~
°.` 28 _ -
SUPPLEMENTARY CONDITIONS
Modified from
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
for the
RECLAIMED WATER BOOSTER
STATION AND RESERVOIR
RECLAIMED WATER BOOSTER STATION AND RESERVOIR
Project No. 10060
SUPPLEMENTARY CONDITIONS - 1 December 2, 2009
SUPPLEMENTARY CONDITIONS
These Supplementary Conditions amend or supplement the General Conditions
of the Contract Documents. All provisions which are not so amended or
supplemented remain in full force and effect.
SC-1.OI.A.29. Add a new paragraph immediately after paragraph 1.OI.A.29 of the
General Conditions as follows:
1.01.A.29.a. Owner's Consultant(s): The person, firm(s) or corporation(s)
named as such below:
1.OI.A.29.a.1. Brown and Caldwell
SC-1.OI.A.37. Add this sentence to the end of the paragraph:
1.OI.A.37.a. RPR is commonly referred to as the City of Meridian
Construction Inspector.
SC-1.OI.A.40. Add the following paragraphs:
1.01.A.40.b. Standard Specifications-Wherever in these Contract
Documents reference is made to the Standard Specifications, said
reference shall be understood as referring to the Idaho Standards for
Public Works Construction and the Most Recent Edition of the City of
Meridian Standard Specifications and Drawings and the City of Meridian
Supplemental Specifications which applicable parts are incorporated
herein and made a part of these Documents by specific reference thereto.
If requirements contained in the Standard Specifications are modified by
or are in conflict with supplemental information in these Contract
Documents, the requirements of these Contract Documents shall prevail.
Additionally, the selected proposer shall conform to the City of Meridian
Construction Stormwater Management Program for Capital Projects as
outlined by the Public Works Department for the City of Meridian.
1.OI.A.40.c. Conceptual Facility Performance Requirements-That part of
the Conceptual Documents that describes the performance requirements
of project components, design criteria, submittal requirements, as well as
other project information and requirements.
SC 1.01.A.49 Add the following definition:
2
Incidental-Work, Materials or Services required by the Contract which
are not specifically identified as payment item(s). No specific
measurement and/or payment will be made for incidental items. The cost
thereof should be included in other items of work listed in the Schedule of
Values.
SC 2.04.6. Delete 2.04.B. 1. in its entirety and insert the following in its place:
SC.2.04.B.1. A preliminary progress schedule shall be submitted with the
Design/Build Proposal in accordance with the Instructions to Proposers.
The preliminary progress schedule shall include number of days or dates
for completing the various stages of the work, and shall include estimates
of the review times for City and IDEA reviews. Within 10 days after Award
of the Contract, the Design/Builder and City will meet to discuss the
preliminary progress schedule and to agree upon a Substantial
Completion date. If the Design/Builder and City cannot agree upon a
mutually acceptable Substantial Completion date, the City shall designate
the Substantial Completion date.
SC.3.03 Add the following at the end of the section:
3.03.C. In cases of conflict in the requirements and provisions as set out
by the Contract Documents, such conflict shall be reconciled by the
acceptance of the following order of precedence:
Local, State or Federal Law
Permits from agencies
Standard Form of Agreement
Conceptual Documents
Supplementary Conditions to the General Conditions
General Conditions
Reference Specifications and Standards
Design/Builder's Proposal, Plans, and Specifications
SC-4.04. Supplement paragraph 4.04 of the General Conditions as follows:
4.04.G. In preparing Conceptual Documents, neither Owner nor Owner's
Consultant utilized any report or drawing relating to a Hazardous
Environmental Condition.
SC-5.04.C. Add the following paragraph(s) immediately following paragraph
5.04.B of the General Conditions:
5.04.C. The limits of liability for the insurance required by paragraph
5.04.8.2 of the General Conditions shall provide coverage for not less
3
than the following amounts or greater where required by Laws and
Regulations:
5.04.C. 1. Worker's compensation, disability benefits and other
similar employee benefit acts, and damages because of bodily
injury, occupational sickness or disease, or death of
Design/Builder's employees as provided in paragraphs 5.04.A. 1
and 5.04.A.2 of the General Conditions:
5.04.C.I.a. State: Statutory.
5.04.C.1 b. Employer's Liability: Statutory.
5.04.C.2. Design/Builder's Liability Insurance (under paragraphs
5.04.A.3 through 5.04.A.6 of the General Conditions) which shall
include completed operations and product liability coverages and
eliminate the exclusion with respect to property under the care,
custody and control of the Design/Builder, shall provide the
following minimum limits and conditions:
5.04.C.2.a. General Aggregate: $1,000,000.00.
5.04.C.2.b. Products-Completed Operations Aggregate:
$1,000,000.00.
5.04.C.2.c. Personal and Advertising Injury (per person/
organization with employment exclusion deleted): $0.00.
5.04.C.2.d. Each Occurrence (bodily injury and property
damage): $1,000,000.00.
5.04.C.2.e. Fire Damage (any one fire): $50,000.00.
5.04.C.2.f. Medical Expenses (any one person): $10,000.00.
5.04.C.2.g. Property Damage liability insurance will remove
the explosion, collapse, and underground exclusion and
provide broad form property damage coverage.
5.04.C.3. Automobile Liability under paragraph 5.04.A.6 of the General
Conditions, providing for Combined Single Limit (bodily injury and property
damage) for owned, non-owned, rented, or hired vehicles: $1,000,000.00.
5.04.C.4. Provide Excess Liability or Umbrella insurance providing
protection for at least the hazards insured under the primary liability
policies with the following limits:
5.04.C.4.a. General Aggregate: $0.00.
5.04.C.4.b. Each Occurrence: $0.00.
5.04.C.5.a. Where Design/Builder's operations involve the use of owned
or nonowned aircraft or watercraft, provide coverage for bodily injury and
4
property damage arising out of ownership, maintenance, use, or
entrustment as follows:
5.04.C.5.a.1. General Aggregate: $0.00.
5.04.C.5.a.2. Each Occurrence (Bodily Injury and Property
Damage): $1,000,000.00.
5.04.C.5.b. Owner's and Contractor's Protective Liability (Owner as
named insured with Owner's Consultant as additional insured):
$500,000.00.
SC-5.04.D. Add the following new paragraph immediately after paragraph
5.04.C:
5.04.D. Design/Builder shall procure and maintain professional liability
insurance for protection from claims arising out of performance of Design
Professional Services caused by a negligent act, error, or omission for
which the insured is legally liable. Such professional liability insurance will
be provided on a claims made basis, and provide for coverages in the
amount of $500,000.00 per claim and $1,000,000.00 aggregate. Such
coverage shall be maintained for a period of one year after Substantial
Completion. Certificates indicating that such insurance is in effect will be
delivered to Owner.
SC-5.06.A. Delete paragraph 5.06.A in its entirety and insert the following in its
place:
5.06.A. Design/Builder shall purchase and maintain property insurance
upon the Construction at the Site in the amount of the full replacement
cost thereof. This insurance shall comply with the requirements of
5.06.A.1 through 5.06.A.6.
SC-5.06.A.1 Add the following at the end of paragraph 5.06.A.1 of the General
Conditions:
In addition to Owner, Design/Builder, subcontractor, Owner's Consultant,
Owner's Consultant Subconsultant, the Owner shall provide a written list
of names of all known entities to be named as additional insureds on the
property insurance. Any change or addition to the list shall be given in
writing to the Design/Builder at least Lander Street 7 days prior to that
entity performing Work at the site. Additional insureds shall at least include
a.ll those listed in paragraph 5.04.8. 1 of the General Conditions.
SC-5.06.8. Delete paragraph 5.06.8 of the General Conditions in its entirety and
insert the following in its place:
5
5.06.6. Boiler and machinery insurance is not required for this Project.
SC-5.06.C. Delete paragraph 5.06.C in its entirety and insert the following in its
place:
5.06.C. All the policies of insurance (and the certificates or other evidence
thereof) required to be purchased and maintained by Design/Builder in
accordance with paragraph 5.06 will contain a provision of endorsement
that the coverage afforded will not be canceled or materially changed or
renewal refused until at least 30 days' prior written notice has been given
to Owner and to each other additional insured to whom a certificate of
insurance has been issued and will contain waiver provisions in
accordance with paragraph 5.07
SC-5.06.D. Delete paragraph 5.06.D in its entirety and insert the following in its
place:
5.06.D. Property insurance furnished under this contract shall have
deductibles no greater than $10,000.00 for all sublimits except for
earthquake, which shall have a maximum deductible of $50,000.00. The
Design/Builder shall be responsible for any deductible orself-insured
retention.
SC-5.06.E. Delete paragraph 5.06.E in its entirety and insert the following in its
place:
5.06.E. If Owner requests in writing that other special perils be included in
the property insurance policies provided under paragraphs 5.06.A or
5.06.8 of the General Conditions, Design Builder shall, if possible, include
such insurance, and the cost thereof will be charged to Owner by
appropriate Change Order or Written Amendment. Prior to
commencement of the Work at the site, Design Builder shall in writing
advise Owner whether or not such other insurance has been procured by
Design Builder.
SC-5.08. Delete paragraph 5.08 in its entirety and insert the following in its place:
5.08.A. Any insured loss under the policies of insurance required by
paragraph 5.06 will be adjusted with Design/Builder and made payable to
Design/Builder as fiduciary for the insureds, as their interests may appear,
subject to the requirements of any applicable mortgage clause and of
paragraph 5.08.B. Design/Builder shall deposit in a separate account any
money so received, and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no other special
agreement is reached the damaged Construction shall be repaired or
replaced, and the moneys so received applied on account thereof.
6
5.08.8. Design/Builder as fiduciary shall have power to adjust and settle
any loss with the insurers unless one of the parties in interest shall object
in writing within 15 days after the occurrence of loss to Design/Builder's
exercise of this power. If such objection be made, Design/Builder as
fiduciary shall make settlement with the insurers in accordance with such
agreement as the parties in interest may reach. If no such agreement
among the parties in interest is reached, Design/Builder as fiduciary shall
adjust and settle the loss with the insurers and, if required in writing by any
party in interest, Design/Builder as fiduciary shall give bond for the proper
performance of such duties.
SC-5. 10. Add the following at the end of paragraph 5. 10 of the General
Conditions:
The property insurance shall contain no partial occupancy restriction for
utilization of the Project by the Owner for the purpose intended.
SC-6.01.8.5. Add the following to the end of paragraph 6.-01.6.5:
;the preliminary design documents shall be sufficiently complete to allow
the Design/Builder to begin the process of ordering equipment once the
City has approved the preliminary design documents.
SC-6.03.8. Supplement paragraph 6.03.6 of the General Conditions as follows:
Design/Builder (and subcontractor) regular working hours consist of 8:00
am to 5:00 pm, five days a week excluding City holidays unless otherwise
pre-approved by the Owner. Overtime inspection fees shall be paid by
Design/Builder for approved work outside of regular working hours.
SC-6.06.A. Supplement paragraph 6.06.A of the General Conditions as follows:
Design/Builder shall provide the names and addresses and other
requested information of the subcontractors and suppliers (include Public
Works License Numbers for any subcontractors) within 25 days of award.
SC-6.08.A. Delete this paragraph in its entirety and substitute the following:
6.08.A. The Design/Builder is responsible to apply for and secure all
permits or agency agreements that are required to perform the Work,
which are considered incidental to the Project. The fees required to obtain
the permit(s) and agreement(s) will be paid by the Design/Builder, who
shall obtain all permits prior to the beginning of construction.
SC-6.09.E. Add the following to paragraph 6.09:
7
SC-6.09.E. The Owner is a public agency. All documents in its possession
are public records. submittals, shop drawings, correspondence and other
project related documents submitted either to the Owner or Owner's,
Consultant are public records and, except as noted below, will be
available for inspection and copying by any person. If the Design/Builder
claims any material to be exempt from disclosure under the Idaho Public
Records Law, the Design/Builder shall expressly agree to defend,
indemnify and hold harmless the Owner and Owner's Consultant from any
claim or suit arising from the Owner's refusal to disclose any such
material. No such claim of exemption shall be valid or effective without
such express agreement. The Owner and Owner's Consultant will take
reasonable efforts to protect any information marked "confidential" by the
Design/Builder, to the extent permitted by the Idaho Public Records Law.
Confidential information must be submitted in a separate envelope, sealed
and marked "Confidential Information°.
SC-6.10.8. Add the following to paragraph 6.10:
SC-6.10.6. In the event of the Design/Builder's default on the payment of
taxes, excises, and license fees as set forth in Idaho Code 63-1503 (as
amended), the Owner shall have the authority to withhold from any
payment due the Design/Builder under this contract, the estimated amount
of such accrued and accruing taxes, excises, and license fees for the
benefit of all taxing authorities to which said Design/Builder is liable.
SC-6.22. Add the following paragraph to Section 6.
SC-6.22 Quality Control
A. Design/Builder shall provide quality control, which shall include the
initial and subsequent inspections of Design/Builder's Work to ensure that
the work conforms to the Contract Documents.
B. Design/Builder shall designate the person responsible for
Design/Builder's quality control while Work is in progress, and shall notify
Owner in writing, prior to any change in quality control representative
assignment.
SC-7.01. Add the following to Paragraph 7.01:
SC-7.01.D. Requirements for Continuing Operation of Existing Facilities:
The existing wastewater treatment facilities and processes must remain in
operation during the design and construction of the Facilities
Improvements. The Design/Builder shall coordinate with the City's
operations staff to minimize impacts to existing facilities and processes
8
during design and construction. The Design/Builder shall also prepare a
written plan detailing how the construction will be performed to minimize
impacts to existing facilities and processes. The plan shall include details
for temporary bypassing or temporary replacement facilities as necessary
to keep the existing treatment processes in operation. The plan shall also
include details and a schedule for temporary shutting down of existing
facilities if necessary during changeover and/or connection of the new
improvements to the existing facilities.
SC-8.05.8. Add the following to Paragraph 8.05:
8.05.8. The Resident Project Representative (RPR), also referred to as
the City of Meridian Construction Inspector will be fumished by Owner.
The responsibilities, authority, and limitations of the RPR are limited to
those described below.
1. Schedules: Review and monitor the progress schedule, schedule
of Submittals submissions and Schedule of Values prepared by
Design/Builder and consult with Owner or Owner's Consultant
concerning acceptability.
2. Conferences and Meetings: Conduct or attend meetings with
Design/Builder, such as preconstruction conferences, progress
meetings, Work conferences and other Project related meetings.
3. Liaison: (i) Serve as Owner's liaison with Design/Builder, working
principally through Design/Builder's superintendent and assist in
understanding the intent of the Contract Documents; (ii) assist
Owner or Owner's Consultant in serving as Owner's liaison with
Design/Builder when Design/Builder's operations affect Owner's
onsite operations; (iii) assist in obtaining from Owner additional
details or information when required for proper execution of the
Work.
4. Submittals: Receive Submittals which are fumished at the site by
Design/Builder, and notify Owner or Owner's Consultant of
availability for examination. Advise Owner or Owner's Consultant
and Design/Builder of the commencement of any Work or arrival of
Products at site, when recognized, requiring a Shop Drawing or
Sample if the Submittal has not been approved by Owner or
Owner's Consultant.
5. Review of Work, Rejection of defective Work, Inspections and
Tests: i) Conduct onsite observations of the Work in progress to
assist Owner or. Owner's Consultant in determining if the Work is in
general proceeding in accordance with the Contract Documents; (ii)
9
inform Owner or Owner's Consultant and Design/Builder whenever
RPR believes that any Work is defective; (iii) advise Owner or
Owner's Consultant whenever RPR believes that any Work will not
produce a completed Project that conforms generally to the
Contract Documents or will prejudice the integrity of the design
concept of the completed Project as a functioning whole as
indicated in the Contract Documents, or whenever RPR believes
Work should be uncovered for observation, or requires special
testing, inspection, or approval; (iv) monitor that tests, equipment
and systems startups and operating and maintenance training are
conducted in the presence of appropriate personnel, and that
Design/Builder maintains adequate records thereof, (v) and
observe, record and report to Owner or Owner's Consultant
appropriate details relative to the test procedures and startups; and
(vi) accompany visiting inspectors representing public or other
agencies having jurisdiction over the Project, record the results of
these inspections and report to Owner or Owner's Consultant.
6. Interpretation of Contract Documents: Inform Owner or Owner's
Consultant when clarifications and interpretations of the Contract
Documents are needed and transmit to Design/Builder clarifications
and interpretations as issued by Owner or Owner's Consultant.
7. Modifications: Consider and evaluate Design/Builder's
suggestions for modifications in Drawings or Specifications and
provide recommendations to Owner or Owner's Consultant;
transmit to Design/Builder the decisions issued by Owner or
Owner's Consultant.
8. Records: (i) Maintain at the site files for correspondence,
conference records, Submittals including Shop Drawings and
Samples, reproductions of original Contract Documents including
all Addenda, the signed Agreement, Written Amendments, Work
Change Directives, Change Orders, Field Orders, additional
Drawings issued after the Effective Date of the Agreement, Owner
or Owner's Consultant's written clarifications and interpretations,
progress reports, and other Project related documents; (ii) keep a
diary or log book recording pertinent site conditions, activities,
decisions and events.
9. Reports: (i) Furnish Owner or Owner's Consultant periodic
reports of progress of the Work and of Design/Builder's compliance
with the progress schedule and schedule of Submittals
submissions; (ii) consult with Owner or Owner's Consultant in
advance of scheduled major tests, inspections or start of important
phases of the Work; and (iii) assist in drafting proposed Change
10
Orders, Work Change Directives, and Field Orders, obtain backup
material from Design/Builder as appropriate.
10. Payment Requests: Review applications for payment with
Design/Builder for compliance with the established procedure for
their submission and forward with recommendations to Owner or
Owner's Consultant, noting particularly the relationship of the
payment requested to the schedule of values, Work completed and
materials and equipment delivered at the site but not incorporated
in the Work.
11. Certificates, Maintenance and Operation Manuals, Record
Documents, and Site Records: During the course of the Work,
monitor that these documents and other data required to be
assembled, maintained, and furnished by Design/Builder are
applicable to the items actually installed and in accordance with the
Contract Documents, and have this material delivered to Owner or
Owner's Consultant for review and forwarding to Owner prior to
final payment for the Work.
12. Substantial Completion: (i) Conduct an inspection in the
company of Owner, Owner's Consultant, and Design/Builder and
prepare a list of items to be completed or corrected; (ii) submit to
Owner or Owner's Consultant a list of observed items requiring
completion or correction.
13. Completion: (i) Conduct final inspection in the company of
Owner, Owner's Consultant, and Contractor; and (ii) notify
Design/Builder and Owner or Owner's Consultant in writing of all
particulars in which this inspection reveals that the Work is
incomplete or defective; and (iii) observe that all items on final list
have been completed, corrected, or accepted by Owner and make
recommendations to Owner or Owner's Consultant concerning
acceptance.
8.05.C. Limitations of Authority: Resident Project Representative will not:
I. Have authority to authorize any deviation from the Contract
Documents or substitution of materials or equipment, unless
authorized by Owner or Owner's Consultant; or
2. Undertake any of the responsibilities of Design/Builder,
Subcontractors or Design/Builder's superintendent; or
3. Accept Submittals from anyone other than Design/Builder; or
11
4. Authorize Owner to occupy the Project in whole or in part; or
5. Participate in specialized field or laboratory tests or inspections
conducted by others except as specifically authorized by Owner or
Owner's Consultant.
SC-8.06.A. Add the following to paragraph 8.06.A:
8.06.A.1. The Owner's Consultant will provide Owner with such services
as the Owner deems appropriate for the project. Design/Builder will be
notified concerning Owner's Consultant's role should that role impact
Design/Builder's coordination efforts on the project.
SC-11.OI.C.2.c. Add the following to the end of paragraph 11.OI.C.2.c:
,except the maximum total allowable cost to Owner shall be the Cost of
the Work plus a maximum collective aggregate fee for Design/Builder and
all tiered Subcontractors of 25 percent;
SC-11.02.F. Add the following:
Work by utilities or agencies must be coordinated by the Design/Builder
and will not be grounds for a delay claim.
SC-12.03.A. Add the following to the end of paragraph 12.03.A:
Design/Builder shall establish an inspection program and a testing plan
acceptable to the Owner and shall maintain complete inspection and
testing records available to Owner or Owner's Consultant. Owner may
conduct independent testing and inspection. Owner shall approve
Design/Builder's testing laboratory or testing agency. Design/Builder shall
submit name of firm to Owner within 25 days after Award.
SC-12.03.8. Add the following to paragraph 12.03.6:
Tests required by Contract Documents to be performed by Design/Builder
that require test certificates be submitted to Owner or Owner's Consultant
for acceptance shall be made by an independent testing laboratory or
agency licensed or certified in accordance with Laws and Regulations and
applicable state and local statutes. In the event state license or
certification is not required, testing laboratories or agencies shall meet
following applicable requirements:
I. Basic requirements of ASTM E 329, "Standard Specification for
Agencies Engaged in the Testing and/or Inspection of Materials as
Used in Construction" and ASTM D 3666, "Standard Specification
12
for Minimum Requirements for Agency Testing and Inspecting
Bituminous Paving Materials", as applicable.
2. Calibrate testing equipment at reasonable intervals by devices of
accuracy traceable to either the National Bureau of Standards or
accepted values of natural physical constants.
SC-15.01.8. Add the following after Paragraph 15.01.A:
15.01.8. Mediation as an Optional Dispute Resolution Methodology:
1. Mediation is an optional dispute resolution methodology that may
be used on this project. Neither the Owner nor Design/Builder is
required to submit any claim to mediation prior to exercising their
rights under the Contract Documents and State Law.
2. Should appealed or unsettled claims, disputes or other matters
between Owner and Design/Builder arising out of or relating to the
Contract Documents or the breach thereof, (except for claims which
have been waived by the making or acceptance of final payment as
provided by paragraph 13.09) occur and both parties agree to
mediate said claim, the case may first be submitted to mediation
under the Construction Industry Mediation Rules of the American
Arbitration Association.
3. Should the mediation be unsuccessful, (except for claims which
have been waived by the making or acceptance of final payment as
provided by Paragraph 13.09) and is terminated by written notice to
all involved by Mediator or Owner or Contractor, the dispute
resolution process shall revert to paragraph 9.03.C in the General
Conditions, as if the mediation had been a second phase of the
unsuccessful executive negotiation.
4. Request for mediation shall be made by either party in writing
within 10 days after failed negotiations and shall be responded to
by the other party within 5 days of the request. Only upon
acceptance of mediation by the other party will the mediation
process begin. Failure to request mediation within said 10-day
period will result in Owner or Owner's Consultants' decision being
final.
END OF SUPPLEMENTARY CONDITIONS
13
ATTACHMENT "A"
RECLAIMED WATER BOOSTER STATION AND RESERVOIR
CONCEPTUAL FACILITY PERFORMANCE REQUIREMENTS
1. DEFINITIONS
1.1 When asked to "provide" equipment, materials, or labor in these
Requirements, it is meant that the Design-Builder team is to provide all
equipment, materials, or labor for a complete installation. The City of Meridian
(City) will not provide any equipment, materials, or labor unless specifically
stated so.
1.2 Detailed Shop Drawings shall include detailed layout and installation
drawings, diagrams, illustrations, schedules, brochures, standard schedules,
performance charts, and instructions to illustrate the work.
2. STAFFING
2.1 The wastewater treatment plant (WWTP) operates continuously and is staffed
18 hours per day. All needed improvements also must operate on a
continuous basis in an automatic mode with ability to operate in manual
mode.
3. PROCESS IMPROVEMENTS
3.1 Boise River Outfall (BRO) Pump Station Improvements
3.1.1 DescriptionBasic Function: The Boise River OutFall Pumps will be utilized
to transmit flow from the Boise River Outfall Wet Well to the Water Storage
Reservoirs.
3.1.2 Location/Layout: The BRO pump station is an existing structure located as
shown in Figure F1.
3.1.3 Power is available from the BRO Pump Station. Provide wet well level pump
control. Provide start, stop, failure, run, hours run, seal leakage alarm, flow to
efFluent storage tank, and motor overload signals to SCADA.
3.1.4 Proposal Substantiation: Identification of manufacturer, type, model
number, materials of construction, capacity, dimensions, performance
features, performance specifications, electrical and instrumentation
requirements, and deviations from these conceptual design documents.
3.1.5 Design Substantiation: Detailed shop drawings, specifications, cut sheets,
and performance requirements
3.1.6 Construction Substantiation: Final shop drawings, Operations and
Maintenance (O&M) manuals, performance testing certification, and final
record drawings per Idaho Department of Environmental Quality (IDEA).
3.2 Water Storage Reservoirs
3.2.1 Description/Basic Function: Two 500,000-gallon bolted steel tanks are
proposed to be built at grade to store effluent pumped from the Boise River
Outfall Pump Station. The tanks are to provide both equalization for the
VWVTP and chlorine contact time for the reclaimed water program. Chlorine
residual shall be measured at each tank outlet. Each reservoir outlet shall be
provided with a Hach meter to measure chlorine residual along with a sample
tap. Hach meter drains shall be routed to the return flows manhole.
3.2.2 Design Criteria: Each tank will be no more than 80 feet in diameter and have
an effective volume capacity of 500,000 gallons. Each tank shall be provided
with an overflow, drain, inlet, outlet, manway, external access ladder, and
level indication. Tank shall be coated and lined with corrosion resistant
coatings.
3.2.3 Location/Layout: The new storage tanks are to be located along the
southern property line east of the existing generators. Location drawings are
found in the appendix.
3.2.4 Tanks shall meet all requirements of AVW1/A D103.
3.2.5 Provide Tank 1 and 2 level, overflow alarm, low-level alarm, chlorine residual
signals to SCADA, as directed by the City's integrator.
3.2.6 Other tank configurations will be considered provided they meet the intent of
the design criteria and are approved by the City.
3.2.7 Proposal Substantiation: Identification of manufacturer, type, model
number, materials of construction, capacity, dimensions, performance
features, conceptual layout drawings, conceptual foundation design, electrical
and instrumentation requirements, and deviations from these conceptual
design documents.
3.2.8 Design Substantiation: Detailed shop drawings, performance specifications
and performance requirements. Foundation design.
3.2.9 Construction Substantiation: Final shop drawings, O&M manuals,
performance testing certification
3.3 Sodium Hypochlorite (NaOCI) Generation, Storage and Feed
3.3.1 Description/Basic Function: NaOCI shall be generated on site and used to
disinfect Class A reclaimed water, and injected into the inlet to each storage
tank. One duty NaOC1 generation facility complete with hypochlorite reactor,
brine tank, and control panel shall be provided. Two each 2,000-gallon 0.5
percent sodium hypochlorite storage tanks complete with fill, overflow, vent,
and feed lines shall be provided for this initial construction. Tanks shall be
2
located indoors, and provided with depressed concrete floor secondary
containment with sump drain. Space for two additional tanks shall be provided
in the Chemical Handling section of the Booster Station. A minimum of three
initial pumps shall be provided, two duty and one standby. Pumps shall be
manifolded for operational flexibility, with the ability to add larger chemical
feed pumps in the future. Provide the ability to remove sodium hypochlorite
generation equipment through double doors. The storage space shall be
heated and provided with exhaust fans operating on high temperature.
Design the system to allow for a bulk feed system to be utilized as well as the
generation system for NaOCI.
3.3.2 Design Criteria: Storage tanks shall be capable of storing 0.5 percent
NaOC1 solution. Secondary containment within the building shall be provided.
Each water reservoir shall be provided with a dedicated wall-mounted
chemical feed pumps each capable of feeding a concentration of standard 0.5
percent NaOC1 solution to each reservoir to achieve a 450 milligrams per
minute per liter (mg-min/L) chlorine contact time (CT) value in each tank.
Initial chlorine demand of the water is unknown. All NaOC1 piping shall be
double-contained polyvinyl chloride (PVC). Design-Builder shall include
special consideration specific to NaOC1 facilities and piping to prevent
corrosion from the hypochlorite solution from gasification due to
decomposition of solution.
3.3.3 Location/Layout: The chemical feed room shall be located within the new
Booster Station adjacent to the new water storage tanks. Booster Station
location can be found in Figure F1.
3.3.4 Provide standard manufacturer Programmable Logic Controller (PLC) for
control of NaOC1 generation equipment and meter pumps. Provide the
following signals to SCADA: brine and storage tank levels, brine and storage
tank low-level alarm (each), NaOC1 generation equipment run and failure,
gas leak detection, metering pump run and failure.
3.3.5 Provide Microclor sodium hypochlorite generation equipment, or equal.
3.3.6 Hypochlorite generation equipment shall be performance tested at the full
range of performance conditions.
3.3.7 A standard 12.5% sodium hypochlorite feed system will be considered
provided it meets the intent of the design criteria and is approved by the City.
3.3.8 Proposal Substantiation: Identification of manufacturer, type model number,
materials of construction, capacity, dimensions, performance features,
performance specifications, preliminary layout drawings, electrical and
instrumentation requirements, and deviations from these conceptual design
documents.
3.3.9 Design Substantiation: Detailed shop drawings, specifications and
pertormance requirements suitability of materials documentation, valve
selections.
3.3.10 Construction Substantiation: Final shop drawings, O&M manuals,
performance testing certification
3.4 Booster Station
3.4.1 Description/Basic Function: The Booster Station pumps shall pump the
stored water from the tanks and deliver it to the reclaimed water distribution
system, initially to Heroes Park. The Booster Station shall initially house two
vertical turbine "canned-type" booster pumps, provided with Variable
Frequency Drives (VFDs) to deliver 400 to 800 gpm, and sized to deliver a
minimum 65 pounds per square inch (psi) at the intersection of Ten Mile Road
and the I-84 freeway. Initial operating pressure at the Booster Station shall be
75 psi. Ultimate operating pressure at the Booster Station shall be 140 psi.
Provide for the ability to remove pumps through the roof of the building
through skylights. The station space shall be heated and provided with
exhaust fans operating on high temperature. Fire protection of the building
shall be provided.
3.4.2 Design Criteria: Two each 800 gpm, 50 hp pumps shall be installed initially.
Ultimately, 3 each 2,000 gpm, 200 hp duty pumps will be installed in this
station, with space for one redundant pump. Two new larger pumps shall be
installed incrementally, and then the two each 800 gpm pumps shall be
replaced. All future pump "cans" shall be installed initially. Pumps shall be
manifolded so that any one pump can be taken out of service for maintenance
without station shutdown. The manifold shall be sized for the future 8,000
gpm. Maximum pipe velocity shall be 5.0 feet per second (fps). Provide a
check valve and isolation valve for each pump. Seals shall be mechanical
type with potable flushing water.
3.4.3 Each pump shall be provided with a VFD Allen Bradley, variable torque, with
rectifier units, inverter units, control circuitry, protective equipment, input line
reactors, output load reactors, and other filters. Wiring shall be VFD cables for
all motors fed by VFDs.
3.4.4 Pumps shall vary speed based on system pressure in order to maintain a
constant pressure in the forcemain. When the pressure drops, the pumps
shall increase speed to maintain a set pressure, and reduce speed based on
decreasing pressure. Provide the following signal to SCADA: start, stop,
failure, run, speed, manual/auto, and motor overload signals for each pump;
manifold discharge pressure, flow to BRO; pump run time, seal water failure,
and return water flow.
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3.4.5 Electric motors shall be installed vertically and operate at 480 volts, 3-phase
power. Pump motors shall be premium efficiency, inverter duty, squirrel cage,
induction type, designed to run at a speed proportional to an external 4-20
milliampere (mA) input.
3.4.6 Location/Layout: The new Booster Station shall be located adjacent or in
front of the new water reservoirs as shown on Figure F1.
3.4.7 Provide Peerless, Robbco vertical turbine pumps, or equal.
3.4.8 Pumps shall be performance tested at the full range of speeds prior to
commissioning.
3.4.9 Proposal Substantiation: Identification of manufacturer, type, model
number, materials of construction, capacity, dimensions, performance
features, performance specification, conceptual layout drawing, electrical and
instrumentation requirements, and deviations from these conceptual design
documents.
3.4.10 Design Substantiation: Detailed shop drawings, equipment specifications,
cut sheets, and performance requirements.
3.4.11 Construction Substantiation: Final shop drawings, O8~M manuals,
performance testing certification.
3.5 Yard Piping
3.5.1 Description/Basic Function: Yard piping on the VWVTP site is required to
convey effluent from the BRO Pump Station to the storage tanks, for
interconnecting piping, to convey effluent to the Booster Station, and to
convey return flows back to the Plant Drain Pump Station.
3.5.2 Design Criteria: Piping shall be purple PVC rated to withstand the operating
pressures intended. Provide 14-inch diameter BRO pump discharge piping to
the effluent storage tanks, and 14-inch diameter gravity return piping back to
the plant Headworks. Return flow manhole and piping shall be sized to return
2 million gallons per day (mgd) of flow by gravity. Minimum burial depth of 3
feet from top of pipe to ground surface is required. All buried piping shall be
provided with restrained joints. Provide a flow meter for each Booster Station
discharge and return flow line.
3.5.3 Location/Layout: Figures F1 and F2 show the conceptual yard piping.
3.5.4 Proposal Substantiation: Identification of manufacturer, type model number,
materials of construction, capacity, dimensions, performance features,
performance specifications, and deviations from these conceptual design
documents.
3.5.5 Design Substantiation: Detailed shop drawings, manufacturer
specifications, cut sheets, and performance requirements
5
3.5.6 Construction Substantiation: Final shop drawings, O&M manuals,
performance testing certification
3.6 BRO Piping
3.6.1 Description/Basic Function: The existing 16-inch asbestos cement pipe
BRO from the WWTP to Heroes Park is to be replaced. A new 24-inch
diameter pipeline from the Booster Station to Ten Mile Road shall be
provided. The pipeline in Ten Mile Road to Heroes Park shall be a new
forcemain and sliplining or pipe bursting shall be performed to replace the
existing BRO pipeline in Ten Mile Road to the tee near the pond at Heroes
Park. A 16-inch diameter tee with blind flange shall be provided for a future
pipeline extension south down Ten Mile Road which may reduce to 12 inch
diameter south of Cheny Lane. Heat welded purple PVC or purple-striped
High Density Polyethylene Pipe (HDPE) is acceptable, pending review and
approval by IDEA.
3.6.2 Design Criteria: The method of forcemain replacement construction and
booster pump sizing shall determine the final sizing and pressure rating of the
new piping. The forcemain shall connect to an existing tee at Heroes Park
and provide reclaimed water with a minimum pressure of 65 psi to the
imgation system. A 14-inch diameter pipe installed by sliplining or pipe
bursting is desired by the City north along Ten Mile Road. The outfall shall be
built in stages so that the full build out flow can be conveyed in the future.
Slow closing valves shall be used on the forcemain to minimize surge and
water hammer. A surge analysis shall be conducted to determine if facilities
are needed at the Booster Station to mitigate water hammer. Surge pressure
rise shall not exceed the pressure and surge rating of piping. Traffic control
and pavement replacement in accordance with Ada County Highway District
(ACRD) and/or Idaho Transportation Department (ITD) and other applicable
standards.
3.6.3 Location/Layout: Figures F3 and F5 show Heroes Park and the BRO Pipe
alignment, respectively.
3.6.4 Proposal Substantiation: Identification of manufacturer, type model number,
materials of construction, capacity, dimensions, performance features,
performance specifications, method of construction, preliminary alignment,
and deviations from these conceptual design documents.
3.6.5 Design Substantiation: Detailed shop drawings, specifications and
performance requirements, and surge analysis addressing design criteria
requirements.
3.6.6 Construction Substantiation: Final shop drawings, O&M manuals,
performance testing certification
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4.0 SITE/CIVIL
4.1 The site is the existing Meridian WWTP located at 3401 North Ten Mile Road
in Meridian, Idaho. The new pipeline shall start at the treatment plant and
extend north on Ten Mile Road to Heroes Park at 3064 Malta Drive in
Meridian, Idaho.
4.2 Modifications to site drainage shall be minimized. Site drainage shall be
contained on site using existing drainage facilities. The Design-Builder shall
comply with the requirements of the Environmental Protection Agency (EPA)
Construction General Permit (CGP) that covers discharges of Stormwater
from construction sites.
4.3 Design/Builder shall furnish and install compacted granular fill to support new
site features.
4.4 Design/Builder shall provide surface restoration of pavement, concrete, and
landscape features that are damaged during construction to original
conditions.
4.5 Utilities available at the site include electric power, natural gas, domestic
water, plant effluent, sewer, and process drains. Design-Builder shall provide
routing of these utilities to new facilities as needed.
4.6 Provide traffic control and barricades as required by code.
4.7 Provide driveway access to Booster Station and bollards to protect building
corners.
4.8 Under structures, paving, and site structural elements, maintain natural
bearing capacity or achieve correct compaction as required to prevent
uncontrolled subsidence; excessive settlement, or other movement.
4.9 Provide a minimum of 3 feet of cover for all buried piping.
4.10 New security fencing shall be provided for new Reservoir and Booster Station
construction, and tied-in to existing WWTP security fencing.
4.11 Design Substantiation: Detailed shop drawings, specifications and
performance requirements.
4.12 Construction Substantiation: Final shop drawings and performance testing
certification
5. STRUCTURAL/ARCHITECTURAL
5.1 Structural slabs on grade shall be reinforced concrete cast-in-place, and meet
requirements of Idaho Standards for Public Works Construction (ISPWC).
5.2 Booster Station walls shall split face concrete masonry unit (CMU) to match
existing buildings on site.
7
5.3 Booster Station roofing shall be steel and blue in color to match existing
buildings on site.
5.4 Concrete surfaces intended to provide secondary containment of chemicals
shall be provided with a chemical resistant coating capable of resisting
chemical attack from NaCO1.
5.5 Stairs, handrail, and grating shall be of fabricated aluminum, except in areas
where NaCO1 is used, then fiberglass reinforced plastic will be used.
5.6 Design all seismic anchorage and bracing for equipment and non-structural
components in accordance with Section 1621 of the International Building
Code.
5.7 Detailed design analysis of all structural designs for Substantiation shall be
performed by a structural engineer, registered in the State of Idaho.
5.8 Provide load bearing load supporting structures as required by code and
designed to accommodate dead loads, live loads, and environmental loads so
that bearing capacity of the soil and the existing structures is not exceeded.
Accommodate dead loads from weights of the construction itself and all fixed
equipment loads. Accommodate loads from equipment testing and operation
either uniformly distributed loads as prescribed by code or concentrated
loads, whichever are more demanding structurally. Accommodate loads from
all environmental forces in accordance with applicable codes including
hydrostatic, earthquake, and wind.
5.9 Provide and maintain fire-rated separations between equipment rooms and
other spaces where required by code.
5.10 Supports for piping, conduit, and ducts shall be attached to and supported by
the structure. Supports shall allow movement of the rigid linear elements
without undue stress on the supported elements. Provide sway bracing at
changes in direction of more than one-half of a right angle for all pipes.
Provide equipment mounting frames, bases, or pads, designed for ease of
anchorage or mounting.
5.11 Services passing through structural walls and slabs shall have openings
sealed and provided with an exterior flexible connection when buried.
5.12 Design Substantiation: Detailed shop drawings, specifications and
performance requirements.
5.13 Construction Substantiation: Final shop drawings, O&M manuals,
performance testing certification
6.0 MECHANICAL
6.1 The Booster Station shall be heated and cooled by a central HVAC system.
6.2 Provide potable water interior and exterior hose bibbs, emergency
eyewash/safety shower, and seal water at the Booster Station.
8
6.3 Provide process drainage in each non-electrical room in the Booster Station.
6.4 Provide an emergency eyewash/shower in the Chemical handling areas.
6.5 Heat trace and insulate all exterior exposed portions of piping systems.
6.6 Piping shall be designed so that the system is drainable without disassembly
of piping.
6.7 Connections to equipment shall be provided with flexible connections for
disassembly.
6.8 Equipment sound levels shall be below 80 decibel (dBA) at a distance of 3
feet.
6.9 Prevent transmission of vibration from process equipment that rotates by
isolating equipment from structures.
6.10 Piping shall be labeled by contents and direction of flow at each branch or
every 20 feet.
6.11 Piping shall be provided with the flexibility to be dismantled in the future.
6.12 Design Substantiation: Detailed shop drawings, specifications and
performance requirements.
6.13 Construction Substantiation: Final shop drawings, O&M manuals,
performance testing certification
7.0 ELECTRICAL AND INSTRUMENTATION
7.1 Provide electrical design and construction to accommodate the project needs
in accordance with applicable codes, ordinances, and regulations.
7.2 Contractor shall coordinate and have provided new underground feed from
distribution pole downstream (west) of existing underground riser poles
serving Standby Generator Building. New electric service shall be capable of
serving initial load of approximately 400 hp with ability to grow to serve
approximately 800 hp and additional ancillary loads within the Booster
Station. Booster Station shall be tied into the existing Standby Generator.
Contractor shall provide and install all required electrical devices for a
complete and operational system meeting all state and local codes including
IEEE 519 at the Point of Common Coupling per local utility company.
Contractor shall provide one 1-inch conduit from remote Input/output (I/O)
cabinet in Generator Building (located on southwestern corner of building) to
new Booster Station with Belden 9463 cable installed but not terminated.
Remote I/O and integration Booster Station monitoring into SCADA to
including delaying remote start/stop of booster pumps to be provided by City
of Meridian.
7.3 Owner intends Design Builder to be responsible for verifying sufficient
capacity exists for all new loads, and shall upgrade the service and facilities
9
as needed for a complete electrical system. A minimum 10 percent spare
electrical capacity and space shall be reserved for use following conclusion of
this contract.
7.4 The instrumentation shall be of similar quality as that currently used on site.
Provide sun shields on all outdoor mounted transmitters and displays, and
adequate heating and cooling for all electrical enclosures to maintain internal
temperatures within operating tolerances of equipment housed therein. All
control signals shall be integrated into the City's Wunderware SCADA
system, as specified by City's integrator.
7.5 Provide equipment which protects personnel from electric shock.
7.6 Use of aluminum conductors is prohibited.
7.7 Provide pole-mounted area lighting at the storage tanks and Booster Station.
7.8 Provide labeling in accordance with applicable codes and regulations.
7.9 Design Substantiation: Provide load study, short-circuit study, protective
device coordination, and arc flash analysis for all modified and new
equipment. Submit product data for all electrical system components. Submit
single-line diagrams, electrical plans, layout diagrams, circuiting diagrams,
loop diagrams in accordance with Instrumentation, Systems and Automation
(ISA) standards, elementary diagrams, and intemal panel wiring diagrams.
7.10 Construction Substantiation: Final shop drawings, O&M manuals,
performance testing certification .
8.0 GENERAL
8.1 All portions of the project shall comply with applicable local, State, and
Federal regulations and codes including but not limited to:
- International Building Code, 2003
- International Mechanical Code, 2003
- Uniform Plumbing Code, 2003
- National Electric Code, 2005
- Intemational Fire Code, 2003
- OSHA regulations
- IDEA Rules for Reclamation and Reuse, and Wastewater Rules
10
- Most recent edition of the City of Meridian Standard Specifications and
Drawings and the City of Meridian Supplemental Specifications
- Most recent edition of the City of Meridian Construction Stormwater
Management Program for Capital Improvement Projects
- ISPWC.
8.2 Provide equipment and materials suitable for installation and operation at
2,550 feet above sea level; at ambient outdoor temperatures ranging between
20 degrees Fahrenheit (F) to 110 degrees F, and a relative humidity range
between 10 percent and 95 percent non-condensing.
8.3 Equipment and devices installed indoors and in non-air conditioned
enclosures capable of continuous operation within an ambient temperature
range between 40 degrees F and 90 degrees F, and a relative humidity range
between 10 percent and 95 percent non-condensing.
8.4 Expected service life of all facilities is as follows:
- Steel tanks 20 years (5 year warranty)
- Pumps 10 years (1 year warranty)
- NaCO1 Generation Equipment 10 years (1 year warranty)
- Building Structures 20 years (5 year warranty)
- Buried Piping 50 years (1 year warranty)
- Exposed Piping 20 years (1 year warranty).
All warranties shall commence at the completion of the project unless early
turnover is agreed to by the owner in writing.
8.5 Optimize equipment layouts to facilitate ease of operation, repair, and
replacement by City personnel. Internal parts of valves shall be easily
replaced without removal from pipeline. Equipment parts shall be readily
available from stocking distributors within the United States. Valves and other
control devices shall have accessible handles, switches, and control buttons.
Valve handles shall be on the top/upper side and provided with chain or other
remote operators where located out of normal reach above floor levels.
Provide at least 3 feet of clearance around each piece of equipment or as
required by code.
8.6 Where an element is specified by perFormance criteria, use elements proven
to comply by having actually been manufactured to the same or very similar
design with the same materials and function as specified.
8.7 Where a type of product is specified without performance criteria, use the
type of product specified.
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8.8 Where neither types of products nor performance criteria are specified, use
products that shall perform well within the specified service life of the project.
8.9 Equipment shall be complete and operable systems by manufacturers that
specialize in the sales and service for this type of equipment.
8.10 The Design-Builder shall be responsible for all details necessary to properly
install, adjust, and place into operation a working system.
8.11 Installation of the equipment shall be in accordance with requirements of the
manufacturer's written instructions and shop drawings. It is the Design-
Builder's responsibility to verify and obtain all necessary dimensions in the
field to ensure compatibility with these specifications and equipment.
8.12 All equipment shall be functionally tested under the supervision of the Design-
Builderfor aminimum of 5 days to ensure all performance, functional,
vibration, tracking, and motor operating characteristics are within acceptable
limits.
8.13 City will provide a staging area for use by the Design-Builder.
8.14 Design-Builder vehicles shall be confined to the construction areas only.
8.15 City will provide temporary power and water for construction, temporary
sanitation facilities by the Design-Builder.
8.16 Working hours are 8:00 a.m. to 5:00 p.m. Monday through Friday.
Construction work outside these hours requires approval by the Owner, and
overtime inspection fees shall be paid by the Design-Builder when applicable.
8.17 Any work requiring a shutdown or bypass of City facilities will require apre-
approved written work plan.
8.18 Use of Explosives is not permitted.
8.19 Training on operation of all equipment shall be provided to the owner's
satisfaction. Instruction in the operation, control, adjustment, shutdown,
servicing, troubleshooting, maintenance, cleaning and repair shall be
included.
8.20 Design-Builder shall clean construction area after construction is complete
and restore the area to previous conditions. Grass and sprinkler systems shall
be restored.
8.21 Schedule: The project shall be turned over to the owner for full use by June
12, 2010. The Design Builder shall pay to the City $500 per day for every day
the City is unable to fully use the facilities after June 12, 2010. For every day
the City can fully use the facilities prior to June 12, 2010, the City will pay a
bonus of $250 per day.
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8.22 Design-Builder shall be required to obtain approvals from IDEA including, but
not limited to, the Preliminary Engineering Report, Permit to Construct, and
Record Drawings.
9.0 SUBSTANTIATION
9.1 Substantiation is any form of evidence that is used to predict whether the
design shall comply with the Facility Performance Requirements or to verify
that the construction based on the design actually does comply. During
design development, and construction, requirements to submit substantiation
are primarily intended to prevent use of designs or constructions that will not
comply.
9.2 Regardless of whether substantiation is specified or not, the actual
construction must comply with the specified Facility Performance
Requirements and may, at the City's discretion, be examined, inspected, or
tested to determine compliance.
9.3 Substantiation submittals will not be approved or accepted, except to the
extent that they are part of documents required to be approved or accepted in
order to proceed to the next stage of design construction. However, approval
or acceptance of substantiation shall not constitute approval or acceptance of
deviations from the specified Facility Performance Requirements unless those
deviations are specifically identified as such on the submittal.
9.4 The City accepts the responsibility to review substantiation submittals and
respond in a timely manner.
9.5 Proposal Substantiation:
- Identify one or more product types for each system, assembly, or
element.
- For each product type, provide a brief descriptive or performance
specification.
For major pieces of equipment, provide the manufacturer's product
literature, performance data, and identify the manufacturer that will be
used. Provide installed references with contact name and telephone
number.
9.6 Design Substantiation:
- Identify the exact product type for a particular system, assembly, or
element.
- For each product type, provide descriptive or performance
specification.
- For major pieces of equipment, provide the manufacturer's shop
drawings for the manufacturer that will be used. Provide installed
references with contact name and telephone number.
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- Engineering design of structural fills.
9.7 During Construction:
- Identify actual brand products used for every system, assembly, or
element.
- Where a product is specified by performance requirements with
testing, provide the test reports showing compliance.
- Provide manufacturer's product literature for every product.
- For major pieces of equipment, provide final shop drawings, final
operation and maintenance manual, and certification that the
equipment used on the project complies with the contract documents.
- Identification of parts normally replaced during routine maintenance
and parts replaced only when damaged or unexpectedly wom out;
location of stocking distributors.
- Record drawings meeting IDEA requirements within 30 days after final
acceptance of the Work showing all significant deviations in the design
drawings.
9.8 Submit three copies for City's use and records, plus one additional copy to
transmit comments back to Design-Builder.
9.9 Resubmittals shall be clearly marked with all changes made clearly marked.
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Attachment B
SCHEDULE OF VALUES -RECLAIMED WATER BOOSTER STATION
AND RESERVOIR PROJECT
DESCRIPTION OF WORK SCHEDULED VALUE
Pi a burstin to Heroes Park $200,000
Quali Control $10,000
Strutural Excavation/Backfill $95,000
Surve , la -out, and SWPPP $25,000
Fence, as halt, and ravel surface $28,000
Restore surfaces ands rinklers $12,000
Yard Pi in from buildin to Ten Mile ~ Heros Park $90,000
OverFlow i in and recast $42,000
Yard i in at tanks and overFlow $23,000
Pum structure concrete $49,500
Buildin Concrete $54,500
Tank Concrete $41,000
Mason $45,500
Misc metals $51,750
Roof $49,000
Thermal and moisture rotection $29,250
Doors ~ hardware $11,250
Paint and finishes $38,250
Steel Tanks $330,000
Chemical in'ection a ui ment and stora a $172,500
Vertical Turbine um s $106,500
Mechanical i in $65,000
Valves and o erators $65,000
Pum sand mechanical at BRO $9,000
12-inch fill line from BRO to stora a tanks $27,550
Modifications for use of transite line as tank drain $12,500
HVAC $30,000
Fire Protection $30,000
Plumbin $30,000
Electrical and controls $268,000
En ineerin desi n fee $210,000
GRAND TOTALS $2,251,050
Travel expenses will be paid at no more than the City of Meridian's Travel and
Expense Reimbursement Policy.
RECLAIM DESIGN-BUILD PROJECT - page 77 of 77