HomeMy WebLinkAboutRepair and Reimbursement Settlement Agreement with Oakleaf Development Co. Inc. for Treehaven SubdivisionREPAIR AND REIMBURSEMENT SETTLEMENT AGREEMENT
REPAIR SANITARY SEWER SYSTEM
TREEHAVEN SUBDIVISION
THIS AGREEMENT made this o~ day of ~~,~~r , 2010, by and between
the CITY OF MERIDIAN, a municipal corporation, hereinafter called CITY, and OAKLEAF
DEVELOPMENT COMPANY, INC. and BENT FENDER LLC, d/b/a TREEHAVEN,
hereinafter called TREEHAVEN.
WHEREAS the sewer system in the Treehaven Subdivision was constructed in 2008-09 by
Somer Construction; and
WHEREAS the system was accepted for the purpose of ownership by the City of Meridian in
February of 2009 by the City as compliant with the City's standards and would therefore
become part of the City of Meridian overall sewer system; and
WHEREAS upon inspection in 2010 the City of Meridian discovered that the system was no
longer in compliance with the City's standards and notified Somer Construction; and
WHEREAS Somer Construction has notified the City of Meridian that they are unable to
repair the deficiencies in the system;
WHEREAS the City of Meridian has notified the current owners of the property, identified as
Treehaven, about the non-compliant sewer system; and
WHEREAS both the owners and the City have notified the bonding company of Somer
Construction about the deficiency in the work performed; and
WHEREAS the City has restricted the issuance of building permits for all other properties
that are intending to use this portion of the City's sewer system until the system can become
compliant with City standards; and
WHEREAS the City of Meridian and Treehaven disagree with the City possibly withholding
occupancy permits for properties that are currently under construction and the parties desire to
resolve that issue in a timely manner; and
WHEREAS the necessity of repair of the system is time sensitive due to the on-going
construction of residences on these platted lots;
WHEREAS Treehaven has agreed to manage and bid out the project to be able to meet the
time sensitive needs of the project;
WHEREAS the City is unable to meet the time demands of this project at this time;
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WHEREAS as means of settlement of any claims or issues by Treehaven it is the desire of the
City to enter into this agreement for repair and reimbursement of the City's sewer system
within the Treehaven subdivision;
Therefore the City of Meridian and Treehaven LLC agree to enter into this Repair and
Reimbursement Agreement as follows:
WITNESSETH:
WHEREAS, upon recommendation of the Public Works Department, the Council of
CITY accepted and approved the proposal of TREEHAVEN to repair the sanitary sewer
system located within the Treehaven Subdivision, subject to all conditions hereinafter
provided by this Agreement.
NOW THEREFORE, in consideration of the foregoing premises, it is agreed:
A. Preparation of Plans. TREEHAVEN has prepared plans and specifications, drawings,
instructions, bid proposal and all other contract documents for the repair of the
sanitary sewer system (sometimes referred to herein as the Project), shown on Exhibit
"A" (sometimes referred to here as the "Project Plans").
B. Final Approval of Plans. Prior to commencement of construction, CITY shall
approve, in its discretion, any changes to the Project Plans. CITY and TREEHAVEN
shall acknowledge in writing the Project Plans shall not thereafter be modified in any
material way unless such modifications are approved in writing signed by CITY and
TREEHAVEN.
C. Repair of Sanitary Sewer System.
(1) TREEHAVEN shall cause the sanitary sewer system to be repaired by a
licensed public works contractor as shown on Exhibit "A", in compliance with
and subject to the conditions hereinafter provided.
(2) TREEHAVEN shall provide all engineering and contract administration for the
repair of the sanitary sewer system described on Exhibit "A".
(3) TREEHAVEN shall provide all testing, sampling and other normally
conducted quality control/quality insurance of the repairs.
(4) CITY shall provide inspection services for the repair of the sanitary sewer
system described on Exhibit "A" in accordance with CITY standards.
D. Letting Bids. TREEHAVEN has solicited bids, without published requests for bid
proposals, for repair of the sanitary sewer system from at least three (3) properly
licensed public work contractors. TREEHAVEN shall award the construction contract
to the lowest responsible bidder after obtaining approval from CITY of low bidder and
bid amount. CITY reserves the right to reject all bids if CITY, in its sole discretion
determines that the bid amount is unacceptable. The CITY has declared an emergency
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exists and that the public interests and necessity demand the immediate expenditure of
public money to safeguard life, health and property without compliance with formal
public bidding procedure and rules. Any challenge to this Agreement shall not relieve
the CITY of its obligation to reimburse TREEHAVEN as provided herein.
E. Contract Terms. TREEHAVEN shall provide CITY with a copy of the executed
construction contract. The construction contract shall include, at a minimum, the
following provisions:
(1) A requirement that the contractor provide payment and performance bonds
required by the Public Contracts Bond Act, Chapter 19, Title 54 of the Idaho
Code naming CITY as an additional beneficiary.
(2) A requirement that the successful bidder be licensed as a public works
contractor.
(3) A requirement that the repair of the sanitary sewer system be in accordance
with the approved designs, plans, and specifications (i.e., the Project Plans)
and be Substantially Complete within ninety (90) days from the date
TREEHAVEN issues a notice to proceed to the contractor. For the purposes of
this Agreement, the term Substantially Complete shall mean that the repair of
the sanitary sewer system can be safely used for its intended purpose despite
the fact that some item or items remain uncompleted. CITY and
TREEHAVEN shall cooperate and work with each other and the contractor to
cause the repairs to be made as quickly as possible.
(4) A provision that the time for Substantial Completion will only be extended by
(i) acts of God, (ii) war, (iii) delays caused by CITY, or (iv) any request for
extension of time approved in writing by CITY.
(5) A requirement that the contractor maintain liability insurance insuring against
bodily injury or death with limits of not less than One Million Dollars
($1,000,000) per person and per occurrence, and property damage with a limit
of One Million Dollars ($1,000,000) per occurrence, naming both
TREEHAVEN and CITY as co-insureds.
(6) A provision that the contractor shall indemnify CITY and TREEHAVEN from
any and all claims by third persons arising out of the performance of the
contract.
(7) A provision that the contractor comply with all applicable laws, rules, and
regulations, and that the contractor secure all applicable permits and pay all
applicable fees.
(8) A provision providing at least a one (1) year warranty on the work and
materials of the Project that is assignable to CITY. The CITY acknowledges
TREEHAVEN is not providing any warranty and that the CITY shall look
solely to the contractor.
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F. Conditions Precedent to Execution of Construction Contract. Prior. to execution of the
construction contract, the following conditions shall be satisfied:
(1) TREEHAVEN shall obtain written approval from CITY of the form and terms
of the construction contract, which may be withheld for any reason, including
but not limited to TREEHAVEN'S failure to obtain a construction contract that
contains the provisions required in this Agreement, but which shall not
otherwise be unreasonably withheld. CITY shall respond promptly to all
requests for approval.
G. CHANGE ORDERS TO CONSTRUCTION CONTRACT. TREEHAVEN shall
obtain the written approval of CITY before approving any change order in the
construction contract if (i) the cost of the change order will exceed one percent (1%)
of the contract price and/or (ii) the cumulative total of all previously approved change
orders exceeds ten percent (10%) of the contract price. In the event of a change order,
this Agreement shall be amended to record the amount of the change order to be
reimbursed to TREEHAVEN, if any. Furthermore, in the event that a change order or
other amendment to the construction contract results in a cost savings, CITY and
TREEHAVEN shall execute an amendment to this Agreement to reflect how the cost
savings will be allocated between CITY and TREEHAVEN.
H. COMPLETION OF THE PROJECT.
(1) Upon completion of the Project, TREEHAVEN shall furnish to CITY a written
certification that the Project is complete in accordance with the approved
plans. Within fifteen (15) days after delivery of the certificate of completion,
CITY shall either accept the same or provide a written itemization of those
matters it reasonably finds to be non-confirming, in which case TREEHAVEN
shall promptly cause the remediation of all non-confirming matters.
(2) Upon completion of the Project, TREEHAVEN shall deliver to CITY as-built
drawings for the Project in both a reproducible printed format on mylar and in
electronic files in AutoCAD format.
(3) Upon completion of the Project, TREEHAVEN shall complete all paperwork
necessary to assign to CITY the contractor's one (1) year warranty of the work
and materials on the Project.
(4) Upon completion of the Project, TREEHAVEN shall cause the contractor to
represent and warrant that the Project shall be free and clear of all liens and
encumbrances that were not created by or with the written consent of CITY.
I. REIMBURSEMENT to TREEHAVEN.
(1) Because the TREEHAVEN will repair the sanitary sewer system as shown on
Exhibit "A", the CITY shall reimburse TREEHAVEN the reasonable out-of-
pocket costs incurred to repair the sanitary sewer system, including the amount
paid to the Contractor and amounts paid for third party contract administration
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and other third party costs and expenses, engineering, testing, inspections and
other costs and expenses, with the total reimbursement to TREEHAVEN
estimated at $
(2) TIMING OF REIMBURSEMENT. Reimbursement shall be made to
TREEHAVEN upon satisfactory completion of the repair of the sewer
improvements and within thirty (30) days after proof of costs is submitted for
approval. Adjustments based on actual costs incurred through written change
orders approved by CITY will be allowed upon Approval by City Council
prior to reimbursement.
(3) RECOVERY FROM SOMER CONSTRUCTION OR LIBERTY MUTUAL.
Nothing in this Agreement SHALL prohibit the CITY from seeking recovery
or damages from the Somer Construction or their bonding company, Liberty
Mutual. Any recovery or damages received by Treehaven for this sewer
project shall be remitted to the City of Meridian.
J. No Assignment. TREEHAVEN shall not assign any portion of this Agreement or any
privilege here under, either voluntarily or involuntarily, without the prior written
consent of the CITY, which consent shall not be unreasonably withheld.
K. REMEDIES UPON DEFAULT.
(1) Default by TREEHAVEN. In addition to such other remedies at law or in
equity for default that CITY may have, in the event TREEHAVEN fails or
neglects to perform its obligations under the terms and provisions of this
Agreement in the time and manner required herein, CITY may withhold any
reimbursement due to TREEHAVEN hereunder until such defaults are
corrected to the satisfaction of CITY.
(2) Default by CITY. In the event CITY fails or neglects to perform its
obligations under the terms and provisions of this Agreement in the time and
manner required herein, TREEHAVEN shall be entitled to all remedies
available at law or in equity.
L. ATTORNEYS' FEES. Should either party find it necessary to employ an attorney for
representation in any action seeking enforcement of any of the provisions of this
Agreement, or to recover damages for the breach of this Agreement, or to resolve any
disagreement in the interpretation of this Agreement, the unsuccessful party in any
final judgment or award entered therein shall reimburse the prevailing party for all
reasonable costs, charges and expenses, including attorneys' fees expended or incurred
by the prevailing party in connection therewith and in connection with any appeal, and
the same maybe included in such judgment or award.
M. NOTICES. Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in
the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
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CITY: City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
TREEHAVEN: Treehaven
100 N 9th Street, Ste 200
Boise, ID 83702
With a Copy To: L. Edward Miller
Givens Pursley, LLP
601 W. Bannock Street
Boise, ID 83702
A party shall have the right to change their address by delivering to the other party a
written notification thereof in accordance with the requirements of this section.
N. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Idaho.
O. EXHIBITS. All exhibits to this Agreement are incorporated by reference and made a
part of this Agreement as if the exhibits were set forth in their entirety in this
Agreement.
P. ENTIRE AGREEMENT. This Agreement and the exhibits hereto constitute the full
and entire understanding and agreement between the parties with regard to the
transaction contemplated herein, and no party shall be liable or bound to any other in
any manner by any representations, warranties, covenants and agreements except as
specifically set forth herein.
[end of text]
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IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers the day and year first above written.
OAKLEAF DEVELOPMENT COMPANY,
INC.:
By: ~I ~-- ~C.
Douglas K. Carnahan
Its: President
Date
~ D /~ ~r a
CITY OF MERIDIAN
BENT FENDER LLC
(\~,
By. r V
Its: Manager, O'Neill Enterprises,
LLC, by Derick O'Neill, Manager
q~~.9~-v
Date
,~,~. ~?
> ~
t~~ ~~ G/
MAYOR T Y DE WEERD
ATTEST: \\\~ ~, ~ ~ ~ ~ ~ ~ u ~ ~„~,~
~~i
\ \\\~~~y pF MER~~9.,,~~i
~ ,
o
JAYCE OLMAN, CITY C~ER SEAL
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REPAIR AND REIMBURSEMENT AGREEMENT - 7
Repair and Reimbursement Agreement btw Meridian and Treehaven LLC.FINAL.9-28-10.DOC [7690-15]
State of Idaho
County of Ada )
On this ~ day of in the year 2010, before me, a
Notary Public in and for said County and State, personally appeared Douglas K. Carnahan,
known or identified to me to be the President of the corporation that executed the instrument
or the person who executed the instrument on behalf of said corporation, and acknowledged to
me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal, the day and year in
this certificate first above written.
O~p CHERR~
f 2~TAR" 1
AVB~~G
~IAtE OF \~a~
Notary Public fo
Residing at `~,~
My Commission
STATE OF IDAI~O )
ss
County of Ada )
3
On this f°~ 9 ~'~ day of~ ~p a ~z~ Q ~;y J 2010, before me, the
undersigned, a Notary Public in and fo State, personally appeared Derick O'Neill,
known or identified to me to be a manager of the limited liability company of who subscribed
said name to the foregoing instrument, and acknowledged to me that he executed the same in
said company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written.
••pu~a~N ~__ ~' d/
•••.••~.~ H. 8,~~ Notary Public r daho ~ ,
'~~' ~ Residing at: ~ ` v
~OTA~~„ Commission Expires: /~ - 3 - i~
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REPAIR AND REIMBURSEMENT AGREEMENT - 8
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STATE OF IDAHO )
ss
County of Ada )
On this day of ~-p~~m ~~- ,2010, before me, the undersigned, a
Notar P blic and for said State, personally appeared TAMMY DE WEERD and
~I7TT T~a~~-~- '~"':T mown to me to be The Mayor and City Clerk of the City of
Meridian, Idaho, who executed the within instrument and acknowledged to me that the City of
Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written.
r
~....1
~51GT ~~~,~p:
:~~~p ~ ,~,, N t ry Public r aho
Residing at: kil~a,~ i (~
Commission Expires: , ~ Y, ~p ~
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ATE -pF ~.
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EXHIBIT "A"
Project Plans
REPAIR AND REIMBURSEMENT AGREEMENT - 10 EXHIBIT "A"
Repair and Reimbursement Agreement btw Meridian and Treehaven LLC.FINAL.9-28-10.DOC [7690-15]
GIVE SLEY LLP
LAW OFFICES
601 W. Bannock Street
PO Box 2720, Boise, Idaho 83701
TELEPHONE: 208 388-1200
FACSIMILE: 208 388-1300
WEBSITE: www.givenspursley.com
L. Edward Miller
Direct Dial: (208) 388-1209
E-Mail: edmillerCrDOivensourslev.com
HAND DELIVERED
William L.M. Nary
Meridian City Attorney
33 East Broadway Avenue
Meridian, ID 83642
Gary G. Allen Steven J. Rippler Deborah E. Nelson
Peter G. Barton Donald E. Knickrehm Kelsey J. Nunez
Christopher J. Beeson Debora K. Kristensen W. Hugh O'Riordan, LL.M.
Clint R. Bolinder Anne C. Kunkel Angela M. Reed
Erik J. Bolinder Michael P. Lawrence Justin A. Steiner
Jeremy C. Chou Franklin G. Lee Conley E. Ward
William C. Cole Oavid R. Lombardi Robert B. White
Michael C. Creamer Emily L. McClure
Amber N. Dina Kenneth R. McClure RETIRED
Elizabeth M. Donick Kelly Greene McConnell Kenneth L. Pursley
Kristin Bjorkman Dunn Cynthia A. Melillo James A. McClure
Thomas E. Dvorak Christopher H. Meyer Raymond D. Givens (1917-2008)
Jeffrey C. Faraday L. Edward Miller
Justin M. Fredin Patrick J. Miller
Martin C. Hendridkson Judson B. Montgomery
October 4, 2010
Re: TreeHaven Repair and Reimbursement Settlement Agreement
Dear Bill:
Only one original Repair and Reimbursement Settlement Agreement has been signed for
the TreeHaven sanitary sewer system repair. I am delivering this original, executed document to
you for safekeeping on our mutual behalf. I have retained a copy for my files. Per our earlier
discussion and agreement, we inserted the number $325,000 in paragraph I(1) and have attached
Exhibit A. Also attached is a preliminary draft of the Contract Documents for your review.
Miller
LEM/mb
Enclosures
cc: Doug Carnahan
Pete O'Neill
Derick O'Neill
Barry Semple
(all w/o encl.)
980673_1
CONTRACT DOCUMENTS
FOR
JAYKER SUBDIVISION -PHASE 1
SANITARY SEWER SYSTEM WARRANTY REPAIRS
2010
TABLE OF CONTENTS
1.0 BIDDING INFORMATION
Invitation to Bid and Instructions to Bidders
Bidder's Proposal
Bid Schedule
2.0 CONTRACT FORMS
Agreement
Notice of Award
Notice to Proceed
Application for Payment
3.0 CONDITIONS OF THE CONTRACT
Standard General Conditions of the Construction Contract
Supplementary Conditions of the Contract for Construction
4.0 GENERAL REQUIREMENTS
Special Provisions
Summary of Work
5.0 APPENDIX
City of Meridian -Items Requiring Correction
CONSTRUCTION PLANS
Construction Plans for Jayker Subdivision -Phase 1 Sanitary Sewer System
Warranty Repairs included under separate cover
C:\DOCUMENTS AND SETTINGS\MBI\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKETTOC CONT DOC (5).DOC
JAYKER SUBDIVISION
PHASE 1
TREEHAVEN
CONTRACT DOCUMENTS
FOR
SANITARY SEWER SYSTEM
WARRANTY REPAIRS
OCTOBER 2010
RIVERIDGE
ENGINEERING
COMPANY
~2
3046 S. BOWN WAY, BOISE, IDAHO 83706
PH: (208) 344-1180 FAX: (208) 344-1182
C:\Documents and Settings\mbl\L.ocal Settings\Temporary Internet Files\OLKE7\ContDocCover (3).doc
1.0 BIDDING INFORMATION
INVITATION TO BID
AND INSTRUCTIONS TO BIDDERS
JAYKER SUBDIVISION -PHASE 1
SANITARY SEWER SYSTEM WARRANTY REPAIRS
I. Invitation to Bid
Bidders experienced in the construction of roads, storm drainage and sanitary sewer improvements, and
other utilities, are requested to provide bids for the Jayker Subdivision, Phase 1 Sanitary Sewer System Warranty
Repairs to be performed within the City of Meridian, Ada County, Idaho.
Sealed bids will be received until 12:00 p.m. local time on xxxxxxxxxxxx at the offices of RiveRidge
Engineering Co. located at 3046 S. Bown Way, Boise, Idaho 83706. A private bid opening will be held thereafter.
The bid package transmitted herewith consists of one copy each of:
^ This Invitation to Bid and Instructions to Bidders;
^ Contract Documents for the repairs;
^ Sheets C 1.0, C5.4, C5.5, C5.6, C5.8 & C5.9 of the Record Drawings for the sanitary sewer
improvements for Jayker Subdivision Phase 1, prepazed by RiveRidge Engineering Co.,
dated November, 2008, modified to identify the specific Work azeas.
The bids will be evaluated on a total fixed price basis and the Contract will be awazded as a lump sum.
The Contract will be awazded to the lowest responsible Bidder subject to approval by the City of Meridian. The
successful Bidder shall be licensed as a public works contractor. The prices offered shall be valid throughout the
completion of contract work without modification.
A prebid conference will be held at 1:00 p.m. local time on xxxxxxxxxxxxxxxxx at the offices of
Riveltidge Engineering Company located at 3046 S. Bown Way, Boise, Idaho 83706.
It is anticipated that the Contract will be awarded by xxxxxxxxx, with the Notice to Proceed immediately
following. Work may begin as soon as possible after the Notice to Proceed and the required bonds and insurance
aze implemented. All work is located within ACRD rights-of--way, however, and shall not begin until after
obtaining the required permits, which shall be the responsibility of the successful bidder. All Work shall be
completed with ninety (90) calendaz days of the date of the Notice to Proceed.
II. Instructions to Bidders
1. GENERAL. This proposal is for work set forth in the attached specifications.
2. SPECIFICATIONS AND DOCUMENTS. Prospective bidders who intend to make a direct bid
to the owner will be given without chazge one copy of the specifications and documents. Additional copies of the
Plans are available at the Bidder's expense.
3. PROPOSALS. The original and three copies of each proposal shall be prepared and submitted in
accordance with these Instructions to Bidders. Proposals which are not prepared and submitted in accordance with
these instructions will imply that the bidder does not intend to comply with all of the contract conditions and such
proposals will be considered irregular.
The Contractor shall submit the Proposal and shall complete the Bid Schedule. The Contract is a Lump
Sum, Fixed Price Contract.
If the prospective bidder declines to bid he shall return all copies of the documents and give written notice
to the Owner at least ten days before proposals aze due that he will not submit a bid.
3.1 Prepazation. Proposals shall be carefully prepared, based on all of the Contract Documents,
using the proposal and bid schedule form included with the specifications and documents.
Entries shall be typed or legibly written in black ink. All prices should be stated in words and figures
except where the forms provide for figures only.
The bidder shall acknowledge receipt of all addenda issued for the specifications and documents in the
space provided in the proposal form.
3.2 Si nom. Each bidder shall sign the proposal with an authorized signature and shall give his
full business address. The bidder's name stated on the proposal shall be the exact legal name of the fum. The
names of all persons signing shall also be typed or printed below the signature.
Proposals by partnerships shall be signed with the partnership name followed by the signature and
designation of one of the general partners or other authorized representative.
Proposals by a corporation shall be signed in the official corporate name of the corporation, followed by
the signature and designation of the president, secretary, or other person authorized to bind the corporation.
Satisfactory evidence of the authority of the officer signing in behalf of the corporation shall be furnished.
Bidding corporations shall designate the state in which they aze incorporated and the address of their principal
office.
3.3 Submittal. Proposals shall be submitted not later than the date and time stipulated in this
invitation to the bidder as follows.
The original and three copies to the Owner:
Treehaven, LLC
c/o RiveRidge Engineering Company
3046 S. Bown Way
Boise, Idaho 83706
Attention: Barry S. Semple, P.E.
Ph. (208) 344-1180
Fax (208) 344-1182
Email: bsemple@rvrdg.com
A single proprietary interest shall not submit multiple proposals for the same Work even though the
individual proposals are submitted under different names. The Owner reserves the right to reject all proposals so
submitted.
3.4 Withdrawal. Proposals may be withdrawn, altered, and resubmitted at any time before the time
set for receiving the proposals. Proposals may not be withdrawn, altered, or resubmitted thereafter.
4. INFORMATION TO BE SUBMITTED WITH PROPOSAL. Each bidder shall submit with his
proposal, unless otherwise stated herein, pertinent information concerning proposed organization, and proposed
schedule.
4.1 Construction Schedule. Each bidder shall submit a schedule for construction of the
improvements to meet the specified completion time of the Contract. The plan shall indicate the sequence of
activities including the defmition of the various azeas which will be worked in parallel and first azeas that the
bidder intends to start.
4.2 Oualitv Control Program. Each bidder shall submit, with his proposal, a copy or written
description of his quality control program.
5. LOCAL CONDITIONS. Each bidder shall visit the site of the Work or otherwise thoroughly
inform himself of all conditions and factors which would affect the prosecution and completion of such Work,
including, but not limited to weather, the arrangement and condition of existing or proposed structures affecting or
which are affected by the proposed Work; the availability and cost of labor, water, materials and supplies; and
facilities for transportation, handling, and storage of materials and equipment.
It must be understood and agreed that all such factors have been properly investigated and
considered in the prepazation of every proposal submitted. No claims for fmancial adjustment or extension of time
to any contract awazded for the Work will be permitted by the owner which aze based on the lack of such prior
information or its effect on the cost of the Work.
6. KNOWN SITE CONDITIONS THAT MAY AFFECT WORK. Site conditions relating to
ground elevations, subsurface conditions and drainage may affect bidder's work. It is anticipated that groundwater
will be encountered at some level in the performance of the Work. Existing infrastructure improvements maybe
impacted during the performance of the Work. Bidder is responsible for the means, manner, and method relating
to site conditions and drainage.
7. INTERPRETATION AND ADDENDA. If any prospective bidder is in doubt as to the true
meaning of any part of the proposed contract documents, he may submit to the Owner a written request for an
interpretation. The person submitting the request will be responsible for its prompt delivery. Any interpretation of
the proposed documents will be made only by addendum transmitted to each party receiving a set of such
documents. The Owner will not be responsible for any other explanations or interpretations of the proposed
documents. Questions will be received by mail at the Engineer's office or by facsimile (208-344-1182) unti15:00
p.m. on xxxxxxxxxxxxxx. All questions will be answered in writing and distributed by facsimile to all Bidders.
The Owner will endeavor to respond to all questions by the close of business on xxxxxxxxxxxxxx.
It shall be the bidder's responsibility to advise the Owner, before the time specified for receipt of
proposals, of conflicting requirements or omissions of information which require clarification. Those questions not
resolved by addenda shall be listed in the space provided on the proposal form, together with statements of the
basis upon which the proposal is made as affected by each question.
Written questions may be directed to individual bidders by Owner to clarify their proposals and references
provided by Bidders will be contacted for recommendations before a Contractor is selected.
8. BOND. A Bid Bond is not required. However, the successful Bidder, upon entering into the
Agreement, will be required to furnish a Performance Bond and a Payment Bond, each for not less than one
hundred percent (100%) of the Contract Price, as adjusted by Change Order, in accordance with the Conditions of
the Contract. The bonds shall name the City of Meridian as an additional insured.
9. PROPOSAL PRICING. This is a fixed price contract. Price proposals shall he submitted on the
Bid Schedule Forms. All pricing and payment shall be in United States dollars.
10. TAXES, PERMITS, AND LICENSES. The bidder's attention is directed to the Contract Form
and Conditions regarding taxes, permits, and licenses. Each bidder shall be responsible for determining the
applicable taxes, permits, and licenses. If the bidder is in doubt as to whether or not a tax, permit, or license is
applicable, he shall state in his proposal whether this item has been included in his bid price and the amount of the
applicable tax, permit, or license in question.
11. TIME OF COMPLETION. Time is of the essence for completion of the Work. The proposal
shall be based upon completion of the Work within ninety (90) calendar days of the date of the Notice to Proceed.
It will be necessary for the bidder to satisfy the Owner of his ability to complete the Work within the stipulated
time. The time for Substantial Completion shall only be extended by (i) acts of God, (ii) war, (iii)
delays caused by the City of Meridian, or (iv) any request for extension of time approved with writing
by the City of Meridian.
In this connection, attention is called to the provisions in the Agreement relative to delays and extensions
of time included with the Contract Documents.
14. ACCEPTANCE AND REJECTION OF PROPOSALS. The Owner reserves the right to reject
any and all proposals, to waive irregularities and informalities in any proposal that is submitted, and to award the
Contract to other than the low bidder.
Bidders not selected for award will be notified by facsimile, followed up by mail, as soon as a Contractor
has been selected. A selection will be made as soon as possible without compromising the selection process.
Bidders are requested not to inquire regarding the status of the bid evaluation.
All proposals shall become the property of the Owner.
BIDDER'S PROPOSAL
PROJECT IDENTIFICATION: Jayker Subdivision - Phase 1 - Sanitary Sewer System
Warranty Repairs
CONTRACT IDENTIFICATION AND NUMBER: 10011
THIS BID IS SUBMITTED TO OWNER:
xxxxxxxxxxxxxxx
C/O RiveRidge Engineering Co.
ATTN: Barry Semple
3046 S. Bown Way
Boise, ID 83706
PH: (208) 344-1180
Fax: (208) 344-1182
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an
Agreement with OWNER in the form included in the Contract Documents to complete
all Work as specified or indicated in the Contract Documents for the Contract Price and
within the Contract Time indicated in this Bid and in accordance with the Contract
Documents.
2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including
without limitation those dealing with the disposition of Bid Security. BIDDER will sign
the Agreement and submit the Contract Security and other documents required by the
Contract Documents within 7 days after the date of OWNER'S Notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,
that:
a) BIDDER has examined copies of all the Contract Documents and of the following
addenda:
Addendum Date:
Number of Addendum:
(receipt of all of which is hereby acknowledged) and also ,copies of the
Advertisement or Invitation to Bid and the Instructions to Bidders;
b) BIDDER has examined the site and locality where the Work is to be performed,
the legal requirements (Federal, State and local laws, ordinances, rules and
regulations) and the conditions affecting cost, progress or performance of the
Work and has made such independent investigations as BIDDER deems
necessary;
c) This Bid is genuine and not made in the interest of, or on behalf of any
undisclosed person, firm or corporation and is not submitted in conformity with
any agreement or rules of any group, association, organization or corporation;
BIDDER'S PROPOSAL BID-1
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BIDDER has not directly or indirectly induced or solicited any other BIDDER to
submit a false or sham Bid; BIDDER has not or induced any person, firm or a
corporation to refrain from bidding; and BIDDER has not sought by collusion to
obtain for himself any advantage over any other Bidder or over OWNERS; and
d) The BIDDER and all Subcontractors currently possess or will be able to obtain
the appropriate Idaho CONTRACTOR'S LICENSE prior to execution of the
Agreement.
Idaho Contractors License No.
4. BID SCHEDULES
4.1 BIDDER shall complete the Work per the price established in the attached Bid
Schedules.
4.2 Bids shall include sales and other applicable taxes or fees.
4.3 Quantities shown are estimates and subject to change during construction.
BIDDER agrees to perform all work described in the Contract Documents at the
Bid unit price.
5. BIDDER agrees that the:
a- Work will be Substantially Complete and Complete on or before the dates or
within the number of calendar days indicated in the Invitation to Bid.
b) BIDDER agrees to and accepts the provisions of the Agreement as to Liquidated
Damages in the event of failure to complete the Work by the date stipulated in
the Invitation to Bid.
6. The following documents are attached to, and made a condition of, and incorporated by
reference into this Bid if not attached.
a) Bid Schedule.
b) Construction Schedule.
c) Quality Control Program
7. Communications concerning this Bid shall be addressed to:
(Address and phone number of Bidder below)
8. The terms used in this Bid which are defined in the General Conditions of the
Construction Contract included as part of the Contract Documents have the meanings
assigned to them in the General Conditions, and as may be amended.
BIDDER'S PROPOSAL BID-2
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If BIDDER is:
A Corporation
By
(Corporation Name)
(State of Incorporation)
By
(Name of Person Authorized to Sign)
Phone No.
(Title)
(Corporate Seal)
If BIDDER is:
A Joint Venture
By
(Name)
(Address)
By
(Name)
(Address)
Phone No.
(Each joint venturer must sign. The manner of signing for each individual, partnership and
corporation that is a party to the joint venture should be in the manner indicated above.)
BIDDER'S PROPOSAL BID-3
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If BIDDER is:
A Partnership
By
(Firm Name)
(General Partner)
Business address
Phone No.
If BIDDER is:
An Individual
By
(Individual's Name)
Doing business as
Business address
Phone No.:
Attest (Secretary)
Business address
Phone No.:
BIDDER'S PROPOSAL BID-4
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BID SCHEDULE
JAYKER SUBDIVISION -PHASE 1
. SANITARY SEWER SYSTEM WARRANTY REPAIRS
Schedule of prices for construction Jayker Subdivision -Phase 1 Sanitary Sewer System Warranty Repairs, in accordance with the
Contract Documents. All bidders shall complete this form. The total bid price of this Bid Schedule will be used for the determination of the
lowest responsible, responsive Bidder, and will be evaluated as a factor in the award of the Contract.
Item
No.
Description
Measured Amount
Unit
N. Lonicera Way, pipe sag
L.S. $
(PRICE IN WORDS)
2.
N. Treehaven Way, pipe sag
(PRICE IN FIGURES)
L.S. $
(PRICE IN FIGURES)
(PRICE IN WORDS)
3.
N. Topaz Jewel Place, service tee
L.S. $
(PRICE IN FIGURES)
(PRICE IN WORDS)
4.
N. Jayker Way, exposed/rolled gasket
L.S. $
(PRICE IN FIGURES)
(PRICE IN WORDS)
5. N. Moon Drummer Way
A. Lot 17, Block 2 service tee L.S. $
(PRICE IN FIGURES)
(PRICE IN WORDS)
B. Lot 16, Block 2 service tee L.S. $
(PRICE IN WORDS)
C. Lot 17, Block 8 service tee L.S. $
(PRICE IN FIGURES)
(PRICE IN FIGURES)
(PRICE IN WORDS)
BID SCHEDULE
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D. Pipe damage L.S. $
(PRICE IN FIGURES)
(PRICE IN WORDS)
E. Pipe sag L.S. $
(PRICE IN FIGURES)
(PRICE IN WORDS)
6. N. Sunset Maple Way, service tee L.S. $
(PRICE IN FIGURES)
(PRICE IN WORDS)
7. W. Salix Drive, pipe grout L.S. $
(PRICE IN FIGURES)
(PRICE IN WORDS)
Total Bid Price L.S. $
(PRICE IN FIGURES)
(PRICE IN WORDS)
BID SCHEDULE
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2.0 CONTRACT FORMS
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AGREEMENT
THIS AGREEMENT, made this day of , 2010, by and between
,hereinafter called "OWNER", and
doing business as a ,hereinafter called "CONTRACTOR".
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned:
1. The CONTRACTOR will commence and complete the construction for Jayker
Subdivision -Phase 1, Sanitary Sewer System Warranty Repairs, as set forth in the Plans
and Specifications.
2. The CONTRACTOR will furnish all materials, supplies, tools, equipment, labor and
other services necessary for the construction and completion of the PROJECT described
herein.
3. The CONTRACTOR will commence the work required by the CONTRACT
DOCUMENTS within seven 17) calendar days after the date of the NOTICE TO PROCEED.
4. The CONTRACTOR agrees to perform all the WORK described in the CONTRACT
DOCUMENTS and comply with the terms therein for the sum of 5 or
as shown in Bid Schedule(s).
5. The term "CONTRACT DOCUMENTS" means and includes the following:
(A) INVITATION TO BID AND INSTRUCTION TO BIDDERS
(B) BIDDER'S PROPOSAL
(C) BID SCHEDULE
(D) AGREEMENT
(E) NOTICE OF AWARD
(F) NOTICE TO PROCEED
(G) APPLICATION FOR PAYMENT
IH) GENERAL REQUIREMENTS
(I) STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION
CONTRACT
IJ) SUPPLEMENTAL CONDITIONS OF THE CONTRACT FOR
CONSTRUCTION
(J) CONSTRUCTION DRAWINGS - (Prepared by RiveRidge Engineering
Company)
(K) ADDENDA:
No.
No.
No.
(L) CONTRACTORS PROJECT SCHEDULE
6. The OWNER will pay to the CONTRACTOR in the manner and at such time as set
forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS.
7. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns. Contractor acknowledges and agrees
that the City of Meridian is a third party beneficiary of this Agreement.
APPLICATION FOR PAYMENT NO. _
To
Contract For
OWNER'S Contract No.
(OWNER)
For Work Accomplished Through The Date Of
Bid Schedule Work Completed Preceding Pay
Application No. Work Completed this
Payment Period Total Work Completed
To Date
Change Order(s)
Total(s)
Gross Payment Amount Due
Payment Calculation: Less ~ S to Retainage
Retainage Reimb
Payment Amount Due to Date
Less Previous Payments
• Payment Amount Due Contractor This Application
1.
2.
3.
4.
Detailed Schedule of Values for Bid Items
Description of Other Retainage (if Necessary)
Change Order(s) No. , .
Other:
CONTRACTOR'S Certification:
The undersigned CONTRACTOR certified that: (1) all previous payments received from OWNER on account of Work done under the
Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work
covered by prior Applications for Payment numbered _ through _ inclusive; (2) title to all Work, materials and equipment
incorporated in said Work or otherwise listed in or covered by the Application for Payment will pass to OWNER at the time of
payment free and clear of all liens, claims, security interest and encumbrances (except such as are covered by Bond acceptable to
Owner indemnifying OWNER against such lien, claim, security interest or encumbrance); and (3) all WORK covered by this
Application for Payment is in accordance with the Contract Documents and not defective as that term is defined in the Contract
Documents.
Riveltid>;e EnQineerine Companv
ENGINEER
CONTRACTOR
By Dated , 2010 By Dated , 2010
(Authorized Signature) (Authorized Signature)
Payment of the Above AMOUNT DUE THIS APPLICATION is recommended.
Dated
(if Appropriate)
$ 0
2010
By
(Authorized Signature)
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SUPPLEMENTARY CONDITIONS
OF THE CONTRACT FOR CONSTRUCTION
This document supplements, modifies, changes, and adds to the GENERAL CONDITIONS OF THE CONTRACT
FOR CONSTRUCTION, EJCDC Document No. C-700 (2002 Edition) for the Project entitled JAYKER
SUBDIVISION -PHASE 1 SANITARY SEWER SYSTEM WARRANTY REPAIRS. The Articles and
Paragraphs set forth in these Supplementary Conditions correspond to the Articles and Paragraphs in the General
Conditions. Where any Article, Paragraph, Subparagraph or Clause of the General Conditions is modified or
deleted by these Supplementary Conditions, the unaltered provisions of the Article, Paragraph, Subparagraph or
Clause remain in effect.
ARTICLE 1
DEFINITIONS AND TERMINOLOGY
1.04.A.19. The ENGINEER is RiveRidge Engineering Company and it's subcontractors.
ARTICLE 5
BONDS AND INSURANCE
5.01 Performance, Payment and Other Bonds
Add D. This insurance requirement does not limit or qualify the liabilities and obligations assumed by
the CONTRACTOR under the Contracts.
5.04 Contractor's Liability Insurance
B.1. Insert on line 4 following the word Owner, "the City of Meridian".
Add B.8. The following limits shall apply:
a.
b.
Automobile Liability:
Combined Single Limit
(per accident or occurrence)
$1,000,000
Commercial General Liability
a) General Aggregate
b) Bodily Injury and Property
Damage (per occurrence)
c) Personal and Advertising
Injury (per occurrence)
d) Fire Legal Liability (per fire)
e) Medical (any one person)
$2,000,000
$1,000,000
$1,000,000
$300,000
$10,000
c. CONTRACTOR shall have an Equipment Policy with limits adequate to protect the
OWNER.
ARTICLE 6
CONTRACTOR'S RESPONSIBILITIES
6.13 Safety and Protection
A.3. Insert on line 3 following word utilities, "site observation wells".
6.19 CONTRACTOR's General Warranty and Guarantee
D. CONTRACTOR warrants that it is fmancially solvent, able to pay its debts as they mature, and
possessed of sufficient working capital to complete this Contract; that it is able to furnish the plant, tools, materials,
supplies, equipment and labor, and is experienced in and competent to perform the Work contemplated by this
Contract, and that it is qualified to do the Work herein and is authorized to do business in the State of Idaho.
E. CONTRACTOR warrants that it holds all licenses, permits and other special licenses to perform
the services included in this Contract, as required by law, or employs or works under the general supervision of the
holder of such licenses, permits or special licenses.
F. CONTRACTOR warrants that the Equipment will be new and of first-rate quality, that all Work
shall be performed in a good workmanlike manner and that the Work will conform to the Contract Documents and
will be free from defects in title, material and workmanship. If a failure to meet the foregoing warranties appears
within one (1) year from the Actual Date of Final Completion ("Warranty Period"), CONTRACTOR shall correct
such defect as provided in Paragraph G. The Warranty Period shall commence upon the Actual Date of Final
Completion.
G. The warranties and guarantees set forth herein are conditioned upon OWNER's proper use and
maintenance of the Facilities.
H. Within five days after notice thereof by OWNER, CONTRACTOR shall commence with
diligence to (i) re-execute any parts of the Work that fail to conform with the requirements of this Contract that
appear in the progress of the Work; (ii) remedy any defects which appear within a period of one (1) year from Final
Completion for patent or latent defects, or within such longer period of time as may be set forth in the Drawings
and Specifications or other Contract Documents; (iii) replace, repair or restore any parts of the Projects or other
items placed therein (whether by OWNER or any other party) that are injured or damaged by any such parts of the
Work that do not conform to the requirements of this Contract or defects in the Work; and (iv) replace, repair or
restore any fixtures, Equipment or other items constituting part of the Work in which there appears a defect within
one (1) year from Final Completion. The provisions of this Article apply to Work done by subcontractors of
CONTRACTOR as well as Work done directly by employees of CONTRACTOR. The cost to CONTRACTOR of
performing any of its obligations under this Article shall not be included in the cost of the Work and
CONTRACTOR shall bear all extra costs such as additional design services related to such corrective work.
I. The one (1)-year warranty period for any item of defective work shall recommence upon
completion of remedies under this Article until year of satisfactory service, with no warranty work required, is
achieved.
J. All warranty work shall be at no cost to OWNER. If, however, OWNER and CONTRACTOR
deem it inexpedient to require the correction of Work damaged or not done in accordance with the Contract
Documents, an equitable deduction from the Contract Sum shall be made by agreement between CONTRACTOR
and OWNER. Until such settlement, OWNER may withhold such sums as OWNER deems just and reasonable
from monies, if any, due CONTRACTOR.
K. CONTRACTOR'S express warranty herein shall be in addition to, and not in lieu of, any other
remedies OWNER may have under this Contract, at law, or in equity for defective Work.
6.20 Indemnifccation
A. Insert on line two following the word shall: "have the duty to defend,"
ARTICLE 14
PAYMENTS TO CONTRACTOR AND COMPLETION
14.02 Progress Payments
A. Applications for Payments
1. Substitute 30 days for 20 days on the first line.
4. Progress payments shall be made on the 15t° of the month following the submittal of an Application
for Payment by the CONTRACTOR.
ARTICLE 16
DISPUTE RESOLUTION
Delete the paragraph and replace with the following:
16.01. Mediation
A. OWNER and CONTRACTOR agree to mediate all claims and disputes prior to litigation or
arbitration. Failure to submit a claim or dispute to mediation will constitute failure of a condition precedent and be
a bar to litigation or arbitration.
B. The OWNER and CONTRACTOR shall each nominate one person who will jointly nominate a
Mediator. Those nominated for mediator shall be local to the area if at all possible.
16.02. Dispute Resolution Services
A. The services to be performed by the Mediator, depending upon the nature of the dispute, shall
generally include (i) identification, receipt and organization of relevant documentation; (ii) preliminary issue
identification, review and evaluation; (iii) interviews with Project personnel and other necessary individuals who
are knowledgeable about the problem and issues in dispute; (iv) joint meetings with the OWNER and
CONTRACTOR to present key issues; (v) additional document acquisition, interviews, preliminary issue
evaluation; (vi) meeting with the OWNER and CONTRACTOR to present a draft report of the Mediator's
assessment of the dispute including a range of recoverable damages; (vii) review of submissions of clarifications
and rebuttal from the parties in preparation of a fmal report; and (viii) meeting with the parties for presentation of
the Mediator's fmal report and for one or more settlement conferences.
16.03. Informal Resolution
A. During the time any dispute is pending, the Mediator may meet informally with any party in an
effort to achieve agreement on any aspect of the dispute.
16.04. Final Report
A. As part of the evaluation performed by the Mediator in connection with any dispute, the
Mediator will issue a fmal written report within five business days after referral of the dispute to the Mediator by
any party, including guidance to the parties on measures that could be successful in eliminating similar disputes
from occurring in the future.
16.05. Compensation
A. The OWNER and CONTRACTOR shall jointly compensate the Mediator equally.
16.06. Resolution of Claims and Disputes -Litigation or Arbitration
A. If the dispute cannot be resolved pursuant to Paragraph 16.05, then the dispute shall be decided
as follows: (a) unless elected by OWNER, by a court of competent jurisdiction located in Ada County; (b) if
elected by the OWNER, at the OWNER's sole discretion, by arbitration pursuant to the rules of the American
Arbitration Association. The CONTRACTOR consents to joinder to any arbitration involving the OWNER and
ENGINEER.
16.07. Attorney Fees
A. In the event a party to the Contract Documents brings any action or suit against another party to
the Contract Documents by reason of any breach of any of the covenants, agreements, or provisions on the part of
the other party arising out of the Contract Documents, then in that event the prevailing party shall be entitled to
have and recover from the other party all costs and expenses of the action or suit, including actual attorney fees, at
trial and on appeal. A party shall be deemed a prevailing party only if it prevails on the main issue in the action or
suit and only if it prevails substantially to the extent of its original contention.
ARTICLE 17
MISCELLANEOUS
17.07 Relationship of Parties
Nothing contained in the Contract Documents shall be construed as creating a joint venture, partnership or
agency relationship between the parties.
17.08 Drugs and Alcohol
CONTRACTOR shall not permit, condone, or tolerate the use of alcohol or any illegal drugs or other
controlled substances on the Project site during working hours, including break or meal periods. CONTRACTOR
shall maintain a work environment free of the effects of drug use (legal or illegal), alcohol consumption, or other
substances that adversely impact the mind or body. The use, sale, presence or possession of illegal drugs while on
the Project site is a serious offense and CONTRACTOR shall immediately remove the personnel involved from the
Project site, terminate their further participation in the Project, and comply with all federal, state and local laws and
regulations pertaining to the incident.
17.09 Burning
CONTRACTOR acknowledges its recognition of the dangers of uncontrolled fire on the Project site, and
shall not permit the burning of any materials on site without written permission of the OWNER.
17.10 Site Cleanliness
During the performance of its Services on the Project site, CONTRACTOR shall collect all waste materials,
rubbish or debris generated by its activities in appropriate containers and remove them from the site at the end of
each day.
17.11 Site Safety
CONTRACTOR shall comply with applicable laws and regulations of any public body having jurisdiction
for the safety of persons or properly or to protect them from damage, injury or loss. CONTRACTOR shall initiate,
maintain and supervise safety precautions and programs in connection with the performance of its Services.
Vehicles shall be operated and maintained in a safe condition. Equipment shall only be operated by properly
trained personnel. Excavations shall not be left open overnight without proper barricades and satisfactory warning
devices.
4.0 GENERAL REQUIREMENTS
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SPECIAL PROVISIONS
1. COORDINATION OF PLANS, SPECIFICATION AND SPECIAL PROVISIONS:
These Contract Documents and Specifications, Plans and all supplementary documents
are essential parts of the Contract, and a requirement in one is binding as though
occurring in all. They are intended to be complementary and to describe and provide
for a complete Work or Project. In case of discrepancy, calculated dimensions will
govern over scaled dimensions; Supplementary Conditions shall govern over General
Conditions and cited standards/circulars/testing; Plans shall govern over Technical
Specifications, General Conditions and cited standards/circulars/testing; Technical
Specifications shall govern over General Conditions and cited
standards/circulars/testing; General Conditions shall govern over cited
standards/circulars/testing. If there is a conflict in requirements between the general
notes and details on the Plans, the requirement of the detail on the Plans shall prevail.
For any discrepancies not covered by the foregoing the order of precedence shall be:
* Change Orders
* Addenda
* Plans
* Specifications
* Supplementary Conditions
* General Conditions
* Agreement
* Invitation to Bid/Instructions to Bidders
The Contractor shall take no advantage of any apparent error or omission in the Plans
or other Contract Documents. In the event that the Contractor discovers such an error
or omission, he shall immediately notify the Owner. The Owner will then make such
corrections and interpretations as may be deemed necessary for fulfilling the intent of
the Plans and other Contract Documents.
2. REFERENCED SPECIFICATIONS:
All construction within the public rights-of-way shall be performed in accordance with
the latest adopted edition of the Idaho Standards for Public Works Construction
(ISPWC), the ACHD Supplemental Specifications and the City of Meridian Standard
Specifications and Drawings. In the event of a conflict with these technical
specifications, or other referenced documents, the more stringent criteria shall apply.
3. STANDARD GENERAL CONDITIONS
The Standard General Conditions of the construction contract and Supplemental
Conditions of the contract for construction, attached, shall supersede any General
Conditions contained within the Idaho Standards for Public Works Construction
(ISPWC), latest Edition, Division 100.
SPECIAL PROVISIONS
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4. DAMAGE
Damage to any area or item outside of the construction limits of this project shall be
promptly repaired by the Contractor at no additional cost to the Owner.
5. PROJECT MAINTENANCE
The Contractor shall be responsible for project maintenance throughout the life of the
contract. This responsibility includes, but is not limited to, dust control, maintenance of
all intersecting street approaches, access for emergency equipment, proper and
adequate drainage and erosion, and sediment control. The cost of all maintenance work
shall be considered incidental to other project work and no separate payment shall be
made.
6. COORDINATION
It shall be the Contractor's responsibility to contact and work with the Owner's onsite
representative, the City of Meridian, United Water, Utility Companies, Ada County
Highway District and any other parties as necessary to coordinate and carry out the
work.
7. UTILITY LOCATIONS
Horizontal and vertical locations of utilities shown on the plans are based on
information provided by others and are to be considered approximate and should be
used for reference purposes only. No guarantee is made or implied that all existing
utilities are shown. It shall be the Contractor's responsibility to contact all utility
companies and to verify the size, type, and location of all existing utilities prior to
starting any work. The Contractor shall be responsible for coordination efforts with all
utility companies for relocating or repairing those utilities that are affected by project
construction. The Contractor shall immediately repair or coordinate repair efforts on any
utility that is damaged as a result of construction at no additional cost to the Owner.
8. PERMITS
Contractor shall be responsible for preparing necessary Traffic Control Plans, submitting
to ACHD for approval, and obtaining Construction Permits for work within public rights-
of-way.
9. CONSTRUCTION WATER
Contractor shall be responsible for securing construction water for the project. Cost for
supplying construction water shall be included in individual bid items and no separate
payment shall be made.
2
SPECIAL PROVISIONS
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SUMMARY OF WORK
1. PROJECT DESCRIPTION
This project includes the repair of the existing sanitary sewer system deficiencies
identified by the City of Meridian Public Works Department warranty inspection within
the existing Phase 1 of Jayker Subdivision. All work to be performed is within existing
Ada County Highway District rights-of-way. The project is located north of Chinden
Boulevard (State Highway 20-26) and between 10 Mile Road and Black Cat Road.
2. PROJECT SCHEDULE
Time is of the essence for completion of the Work under this Contract. Work shall
begin as soon as possible following issuance of the Notice to Proceed and shall be
Substantially Complete within ninety (90) days of the date of the Notice to Proceed.
The time for Substantial Completion shall only be extended by (i) acts of God, (ii) war,
(iii) delays caused by the City of Meridian, or (iv) any request for extension of time
approved with writing by the City of Meridian.
3. WORK COVERED BY CONTRACT DOCUMENTS
The Work under this Contract shall consist of furnishing all tools, equipment, materials,
and supplies and furnishing all labor, transportation, and services, including fuel, power,
water, and essential communications, and performing all Work, or other operations
required for the fulfillment of the Contract in strict accordance with the Contract. It is
anticipated that groundwater will be encountered at some level in the performance of
the Work. The Work shall be complete, and all Work materials and services not
expressly indicated or called for in the Contract which may be necessary for the
complete and proper construction of the Work, in good faith, shall be provided by the
Contractor as though originally so indicated, at no increase in cost to the Owner.
Work includes:
The repair of sanitary sewer system deficiencies identified by the City of Meridian
Public Works Department warranty inspection and included on the "Jayker Subdivision
CCTV Report, Item Requiring Correction", dated August 20, 2010, attached as an
Appendix. The final item requiring recleaning of the sewer in N. Sienna Glen Way/W.
Salix Drive has been deleted.
The repair and rehabilitation of any existing improvements, including, but not limited to,
domestic water, pressure irrigation, storm drainage, curb and gutter, sidewalk,
landscaping and pavement that may be impacted by the performance of the Work.
Installation and maintenance of erosion control Best Management Practices (BMPs).
All surveying as necessary for the construction of all work specified and for the
maintenance of records required to develop as-constructed records.
SUMMARY OF WORK
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4. WORK LOCATIONS
The description of the locations of the deficiencies presented in the City punchlist
reference a manhole numbering system that is inconsistent with the Construction
Plans. The following is a description of the locations based on the Construction
Plans.
1. N. Lonicera Way - A 5.3 foot sag, 84.2 feet downstream from SSMH 913.
2. N. Treehaven Way - An 8.5 foot sag, 2 feet upstream from SSMH 304.
3. N. Topaz Jewel Place - A cracked service tee (lot 5, block 2), 84.9 feet
downstream from SSMH 601.
4. N. Jayker Way - An exposed/rolled gasket, 31.2 feet upstream from SSMH
908.
5. N. Moon Drummer Way
A. A deformed service tee (Lot 17, Block 2), 16.5 feet downstream from
SSMH 904.
B. A cracked service tee (Lot 16, Block 2), 120.9 feet downstream from
SSMH 904.
C. A cracked service tee (Lot 17, Block 8), 143.7 feet downstream from
SSMH 904.
D. Damaged pipe in the flow line 80 feet downstream from SSMH 902.
E. A 7.1 foot sag, 87.2 feet downstream from SSMH 902.
6. N. Sun Maple Way - A belled-over service tee (Lot 21, Block 1 1), 106.7 feet
upstream from SSMH 2001.
7. W. Salix Drive -Grout the top of pipe inside SSMH 1912.
5. HOURS OF OPERATION
The Contractor shall limit his work activities to Monday through Friday between the
hours of 7:00 AM and 7:00 PM, local time, and Saturdays 8:00 AM to 5:00 PM, local
time. No work shall be permitted on Sundays or National holidays except for
emergency purposes or for inspection or maintenance of erosion and sediment control
BMP's.
7. CONTRACTOR WORK/STORAGE AREA
All work to be performed is within existing Ada County Highway District rights-of-way.
The Contractor is responsible for obtaining any and all permits required for the
performance of the work and shall limit the extent of the repair area to the greatest
extent possible.
SUMMARY OF WORK 2
C:\DOCUmanta and Setdnga\mbt\Local SettingalTemporory Intamet Fika\OLKE7\Summary of Work 131•doe
5.0 APPENDIX
C:\Documents and Settings\mbl\Local Settings\Temporary Internet Files\OLKE7\Appendix index Cover (3).doc
08/20/2010
Jayker Subdivision CCTV Report
Items Requiring Correction:
N. Lonicera Way. Starting at manhole J8-129 at 84.2 feet, for a distance of 5.3
feet, there appears to be a sag in the sanitary sewer pipe that needs to be
excavated and addressed.
- N. Tree Haven Way. Starting at manhole J8-85 at 2 feet, for a distance of 8.5
feet, there appears to be a sag in the sanitary sewer pipe that needs to be
excavated and addressed.
N. Topaz Jewel Place. Starting at manhole J8-74 at 84.9 feet there appears to be
a cracked tee in the sanitary sewer system that needs to be excavated and
replaced.
- N. Jaykers Way. Starting at manhole J8-99 at 31.2 feet there is an
exposed/rolled gasket that needs to be excavated and replaced.
- N. Moon Drummer Way. Starting at manhole J8-106 at 16.5 feet there appears
to be a deformed tee on the sanitary sewer system that needs to be excavated and
replaced. Starting at manhole J8-106 at 120.9 feet there appears to be a cracked
service tee on the sanitary sewer system that needs to be excavated and replaced.
Starting at manhole J8-106 at 143.7 feet there appears to be a cracked service tee
on the sanitary sewer system that needs to be excavated and replaced.
- N. Moon Drummer Way. Starting at manhole J8-110 at 80 feet there appears to
be a damaged pipe in the flow line that needs to be excavated and replaced.
Starting at manhole J8-110 at 87.2 feet, for a distance of 7.1 feet, there appears to
be a sag in the sanitary sewer pipe that needs to be excavated and addressed.
Jayker Sewer Report -Estate Section
- N. Sun Maple Way. Between manhole J8-04 and J8-OS at 106.7' the sewer
service tee on the main to 7074 N. Sunset Maple Way has been over belled at the
service tee. Please excavate and replace
- W. Salix Dr. At manhole, J8-09 the top of the pipe inside the manhole needs to
be gro_vut+ed.~'
~~vie~l Be vi'mvi° J4 1 n ~:.a ..,~«l+..l° T4 1 G
41. ~~.nn..4 .a:,-F :« 4L.° ..:..° n.+.l :4 ..°°ac. 4n 1~.° r° ..1°n..°a
CT[ITGTITCIIV raYv aua.. .~ ........., vv ....... .....».~.... .
( This item deleted by City of Meridian Public Works - 9-17-10)
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or
modification. This document should be adapted to the particular circumstances of the contemplated Project and the
Controlling Law.
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTR.ACT~
Prepared by
ENGIIVEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly By
AC E C National Society of ~~~~ ~~~~~ Society
Professional Engineers of Civil Engineers
~.,. ~ a ea~a cmo.,oa Pro/essfonal fylp/neealn Frlvste P~
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
•. a practice divfsion of the •
-- NATIONAL SOCIB'I'Y OF PROFESSIONAL ENGINEERS
AMERICAN COUNCIL OF ENGIlQEERII~iG COIViPANIES
AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
e
~~
The Associated General Contractors of America
tx
a,e euAt EarAnopme~s
Construction Specifications Institute
EJCDC G700 Standard General Conditions of the Construction Contract.
Copyright ®2002 National Sodety of Professional Engineers for EJCDC. All rights reserved.
00700 -1
Copyright ®2002
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
American Council of Engineering Companies
101515th Street, N.W., Washingtoq DC 20005
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and
Contractor Nos. C-520 or G525 (2002 Editions). Their provisions are interrelatai and a change in one may necessitate a
change is the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and
Instructions (No. C-0Ol) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the
Preparation of Supplementary Conditions (No. G800) (2002 Edition).
EJCDC C-700 Standard General Conditions of the Constrnctioa Contract.
Copyright ®2002 Natbnal Society of Profeasioosl Engineers for EJCDC. All rights reserved.
00700 - 2
TABLE OF CONTENTS
ae
AR'T'ICLE 1-DEFINITIONS AND TERNIINOI,oGY ...........................................................................................:................. 6
1.01 Defined Terms ......................................................................................................................................................... 6
1.02 Terminology ............................................................................................................................................................ 8
AR'T'ICLE 2 - PRELI1vIINARY MATTERS ............................................................................................................................... 9
2.01 Delivery of Bonds and Evidence of Insurance ......................................................................................................... 9
2.02 Copies of Documents ............................................................................................................................................... 9
2.03 Commencement of Contract 7~imes; Notice to Proceed ........................................................................................... 9
2.04 Starting the Work ..................................................................................................................................................... 9
2.05 Before Starting Construction ................................................................................................................................... 9
2.06 Preconstruction Conference .................................................................................................................................... 9
2.07 Initial Acceptance of Schedules ............................................................................................................................... 9
ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .....................................................................:10
3.01 Intent ......................................................................................................................................................................10
3.02 Reference Standards ..............................................................................................................................................10
3.03 Reporting and Resolving Discrepancies ............................................................................................................:...10
3.04 Amending and Supplementing Contract Documents ...................................................................................:.........11
3.05 Reuse of Documents ..............................................................................................................................................11
3.06 Electronic Data ...................... ..........................................................:..............................................................11
ARTICLE 4 -AVAILABILITY OF LANDS; SUBSURFACE~AND PHYSICAL CONDITIONS; HAZARDOUS -
ENVIRONMENTAL CONDITIONS; REFERENCE POINTS ...............................................................................................11
4.01 Availability ofLands ..................................:..........................................................................................................11
4.02 Subsurface and Physical Conditions .................:...................................................................................................12
4.03 Di,,~`ering Subsurface or Physical Conditions .....................:..........................................................::......................12
4.04 Underground Facilities .:...............................................................................................:...................................:...13
4.05 Reference Points ....................................................................................................................................................13
4.06 Hazardous Environmental Condition at Site ..........................:.......................................................:.......................13
ARTICLE 5 -BONDS AND INSURANCE ............................................................................................................................:14
5.01 Performance, Payment, and Other Bonds ...................................:.........................:.......:.......................................14
5.02 Licensed Sureties and Insurers ...........................................................................................:..................................15
5.03 Certificates of Insurance ....................................:.........................................................:........................................15
5.04 Contractor's Liability Insurance........: ..................................................................................................................15
5.05 Owner's Liability Insurance .....................................................................................:............................................16
5.06 Property Insurance ................................................................................................................................................16
5.07 Waiver of Rights ....................................................................................................................................................17
5.08 Receipt and Application of Insurance Proceeds ..................:.............:.........................:.........................................17
5.09 Acceptance of Bonds and Insurance; Option to Replace ..............................................................:.......................17
5.10 Partial Utilization, Acknowledgment ofProperly Insurer .....................................................................................18
ARTICLE 6 - CONTRACTOR'S RESPONSIBILTI'lES .........................................................................................................18
.6.01 Supervision and Superintendence .........................................................................:................................................18
6.02 Labor; Working Hours ..........................................................................................................................................18
6.03 Services, Materials, and Equipment ......................................................................................................................18
6.04 ProgressSchedule ............................................................................................................................................:....18
6.05 Substitutes and "Or-Equals" ......... ........................................................................19
....................... ........................
6.06 Concerning Subcontractors, Suppliers, and Others ..............................................................................................20
6.07 Patent Fees and Royalties ..................................................................................................................................... 2.1
6.08 Permits ...........................................................................................:...................................................................... 21
6.09 Laws and Regulations ........................................................................................................................................... 21
6.10 Taxes ......................................................................................................................................................................22
6.11 Use ofSite and Other Areas .........................................:.......................:....:...........................................................22
6.12 Record Documents ................................................................................................................................................ 22
6.13 Safety and Protection ............................................................................................................................................ 22
6.14 Safety Representative ............................................................................................................................................ 23
6.15 Hazard Communication Programs ........................................................................................................................ 23
--
EJCI>C C 700 Standard General Conditloaa of the Constriction Contact.
Copyright ®Z002 NsHonal Society of Profeas<onal Engineers for EJC1K. All rights reserved.
00700 - 3
6.16 Emergencies .......................................................................................................................................................... 23
6.17 Shop Drawings and Sarnples ................................................................................................................................. 23
6.18 Continuing the Work ............................................................................................................................................. 24
6.19 Contractor s General Warranty and Guarantee ................................................................................................... 24
6.20 Indemnijication ...................................................................................................................................................... 24
6.21 Delegation ojProfessional Design Services ................................. ....... 25
..................................................................
ARTICLE 7 -OTHER WORK AT THE STTE ......................................................................................................................... 25
7.01 Related Work at Site ...............................................................................:.............................................................. 25
7.02 Coordination ......................................................................................................................................................... 26
7.03 Legal Relationships ........................ ................................................................................................... 26
....................
ARTICLE 8 -OWNER'S RESPONSIBII..I'I'IES ...................................................................................................................... 26
8.01 Communications to Contractor ........................................................................................................:.................... 26
8.02 Replacement of Engineer ....................................................................... ..... 26
...........................................................
8.03 Furnish Data ......................................................................................................................................................... 26
8.04 Pay When Due ........................................................................................:.............................................................. 26
.8.05 Lands and Easements; Reports and Tests ............................................................................................................. 26
8.06 Insurance .............................................................................. ......... 26
........................................................................
8.07 Change Orders ...................................................................................................................................................... 26
.8.08 Inspections, Tests, and Approvals ......................................................................................................................... 26
8.09 Limitations on Owner's Responsibilities ............................................................................................................... 27
8.10 Undisclosed Hazardous Environmental Condition ............................................................................................... 27
.8:11 Evidence of Financial Arrangements ............................................................................:....................................... 27
ARTICLE 9 -ENGINEER'S STATUS DURING CONS.TRUCTION .................:...............:.................................................. 27
9.01 Owner's Representative ......................................................................................................................................... 27
9.02 P~,sits ro Site .....................................:..................................................................................................................... 27
9.03 Project Representative ..:........................................................................................................................................ 27
.. 9.04 Authorized Variations in Work ........................................................:..................................................................... 27
9.05 Rejecting Defective Work .......................................................................................:.............................................. 27
. .9:06 Shop Drawings, Change Orders and Payments .................................................................................................... 28
. ~ 9.07 Determinations for Unit Price Work ...........................................................:......................................................... 28
9.08 Decisions on Requirements of Contract Documents and A~eptability of R'ork ..........:.......:...........:.................... 28
..9.09 Limitations on Engineer's Authority and Responsibilities ....:..............................:............:.:.......::........................ 28
ARTICLE 10 -CHANGES IN THE WORK; CLAIMS ..........................w........:............:..........:.............................................. 28
• • 10.01 Authorized' Changes to the Work ..................:......................:..................................:....................:........................ 28
10.02 Unauthorized Changes in the Work ...............................:.................................:.............................:....................... 29
10.03 Execution of Change Orders .................................................................................:............................................... 29
10.04 Notation to Surety ..........................:..........:...................................:................................................................... 29
10.05 Claims ...................................................................................................:................................................................29
ARTICLE 11-COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ............:............................:....................... 30
11.01 Cost of the Work .................................................................................................................................................... 30
11.02 Allowances ............................................................................................................................................................ 31
.. 11.03 Unit Price Work ..................................................................................................................................................... 3.1
ARTICLE 12 -CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIlvIES .................................................... 32
12.01 Change oJContractPrice ..............................................................................:.......................................................32
12.02 Change ojContract TYmes ..........................................................................................................:.......................... 33
• 12.03 Delays ....................................................................................................................................................................33
ARTICLE 13 -TESTS AND .INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK...... 33
13.01 Notice of Defects ...............................................................................................:.................:................................. 33
13.02 Access to Work ...................................................................................................................................................... 33
13.03 Tests and Inspections ............................................................................................................................................. 33
13.04 Uncovering Work .................................................................................................................................................. 34
13.05 Owner May Stop the Work .................................................................................................................................... 34
13.06 Correction or Removal of Defective Work ............................................................................................................ 34
13.07 Correction Period .................................................................................................................................................. 34
13.08 Acceptance of Defective Work ............................................................................::................................................. 35
.13.09 Owner May Correct Defective Work ..................................................................................................................... 35
ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION .............................................................................. 36
14.01 Schedule of Yalues ................................................................................................................................................. 36
14.02 Progress Payments ................................................................................................................................................36
14.03 Contractor's Wammty of ?itle ................................................................................::............................................ 37
14.04 Substantial Completion ....................................:.................................................................................................... 37
EJCDC C-700 Standard General Conditions of the CoaatrucNoa Contract.
Copyright ®2002 IVationai Sodety of Professional Engineers for EJCDC. Al! rights reserved.
00700 - 4
14.05 Partial Utilization ..................................................................................................................................................38
14.06 Final inspection ..................................................................................................................................................... 38
14.07 Final Payment ....................................................................................................................................................... 38
14.08 Final Completion Delayed .................................................................................................................................... 39
14.09 Waiver of Claims ................................................................................................................................................... 39
ARTICLE 15 -SUSPENSION OF WORK AND TERNIITiATION ........................................................................................ 39
15.01 Owner May Suspend Work .................................................................................................................................... 39
15.02 Owner May Terminate for Cause .......................................................................................................................... 39
15.03 Owner May Terminate For Convenience .............................................................................................................. 40
15.04 Contractor May Stop Work or Terminate .............................................................................................................. 40
ARTICLE 16 -DISPUTE RESOLUTION ............................................................................................................................... 41
16.01 Methods and Procedures .....................................................................................................................................:. 41
ARTICLE 17 -MISCELLANEOUS ......................................................................................................................................... 41
17.01 Giving Notice ......................................................................................................................................................... 41
17.02 Computation of TYmes .......................................................................................................................................... . 41
17.03 Cumulative Remedies ........................................................................................................................................... . 41
17.04 Survival of Obligations ......................................................................................................................................... . 41
17.05 Controlling Law ................................................................................................................................................... . 41
17.06 Headings ................................................................................:...................................... .41
E3CDC C 700 Standard General Conditions of the Construction CoatrsM.
Copyright ®2002 National Sudety of Professional Engineers for F.JCDC. AII rights reserved.
00700 - 5
GENERAL CONDTITONS
ARTICLE 1 -DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in the Bidding Requirements
or Contract Documents and printed with initial capital
letters, the terms listed below will have the meanings
indicated which are applicable to both -the singular and
plural thereof. In addition to terms specifically defined,
terms with initial capital letters in the Contract
Documents include references to idemified articles and
paragraphs, and the titles of other documents or forms.
1. Addenda--Written or graphic instruments
issued prior to the opening of Bids which clarify, correct,
or change the Bidding Requirements or the proposed
Contract Documents.
2. Agreement-The written instrument which is
evidence of the agreement between Owner and Contractor
covering the Work
3. ABplication for Payment--The forn.acceptable
to Engineer which is to be used by Contractor during the
course of the Work in requesting progress or final
payments and which- is to be accompanied by such
supporting documentation as is required by the Contract
Documents.
4. Asbestos-Any material that contains more
than one percent asbestos and is friable or is releasing
asbestos fibers into the air above current action levels
established by the United States Occupational Safety and
Health Administration.
5. Bid-The offer or proposal of a Bidder
submitted on the prescn'bed form setting forth the prices
for the Work to be performed.
6. Bidder-The individual or entity who submits
a Bid directly to Owner.
7. Bidding Documents-The Bidding
Requirements and the proposed Contract Documents
(including all Addenda).
8. Bidding Requirements-The Advertisement or
Invitation to Bid, Instructions to Bidders, bid security of
acceptable form, if any, and the Bid Form with any
supplements.
9. Change prder-A document recommended by
Engineer which is signed by Contractor and Owner and
authorizes an additioq deletioq or revision in the Work
or an adjustment in the Contract Price or the Contract
Times, issued on or after the Effective Date of the
Agreement.
10. Claim-A demand or assertion by Owner or
Contractor seeking an adjustment of Contract Price or
Contract Times, or both, or other relief with respect to the
terms of the Contract. A demand for money or services by
a third party is not a Claim.
11. Contract--The entire and integrated written
agreement between the Owner and Contractor concerning
the Work. The Contract supersedes prior negotiations,
representations, or agreements, whether written or oral.
12. Contract Documents- Those items so
designated in the Agreement. Only printed or hard copies
of the items listed in the Agreement are Contract
Documents. Approved Shop Drawings, other Contractor's
submittals, and the reports and drawings of subsurface
aad physical conditions are sot Contract Documents.
13. Contract Price-The moneys payable by
Owner to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the
Agreement (subject to the provisions of Paragraph 11.03
is the case of Unit Price Work).
14. Contract TYmes-The mmiber of days or the
dates stated in tbe Agreement to: (i) achieve Milestones, if
any, (ii) achieve Substantial Completion; and (iit~ com-
plete the Work so that it is ready for final payment as
evidenced by Engineer's written recommendation of final
payment.
15. Contractor--The individual or entity with
whom Owner has entered into the Agreement.
16. Cost of the Work-See Paragraph 11.O1,A for
definition.
17. Drawings-That part of the Contract
Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the
Work to be performed by Contractor. Shop Drawings and
other Contractor submittals are not Drawings as so
defined.
18. E,,Q`ective Date of the Agreement-The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated, it means the date on
which the Agreement is signed and delivered by the last
of the two parties to sign and deliver.
19. Engineer-The individual or entity named as
such in the Agreement.
EJCDC C 700 Standard General Conditions of the Conthvction Contract.
Copyright 02002 National Sodomy of Professional Engineer: for EJCDC. All right: reserved.
00700 - 6
20. Field Order-A written order issued by
Engineer which requires minor changes in the Work but
which does not involve a change in the Contract Price or
the Contract Times.
21. General Requirements-Sections of Division
1 of the Specifications. The General Requirements pertain
to all sections of the Specifications.
22. Hazardous Eirvironmental Condition-The
presence at the Site of Asbestos, PCBs, Fetroleumy
Hazardous Waste, or Radioactive Material in such
quantities or circumstances that may present a substantial
danger to persons or property exposed thereto in
connection with the Work
23. Hazardous i~aste-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.
24. Laws and Regulations; Laws or Regulattons-
-Any and all applicable laws, rules, regulations, ordinanc-
es, codes, and orders of any and all governmental bodies,
agencies, authorities, and courts having jurisdiction.
25: .Liens-Charges, security interests, or
encumbrances upon Project fiords, real property, or
personal property:
26. Milestone-A principal event specified in the
Contract Documents relating to an intermediate comple-
tion date or time prior to Substantial Completion of all the
Work.
27. Notice of Award--The written notice by
Owner to' the Successful Bidder stating that upon timely
compliance by the Successful Bidder with the conditions
precedent listed therein, Owner will sign and deliver the
Agreement.
28. Notice to Proceeai•-A written notice given by
'Owner to Contractor fixing the date on which the Con-
tract Times will commence to run and on which
Contractor shall start to perform the Work under the
Contract Documents.
29. Ow-rer~-The individual or entity with whom
Contractor has entered into the Agreement and for whom
the Work is to be performed.
30. PCBs-Polychlorinated biphenyls.
31. Petroleum-Petroleum, including crude oil or
any fraction thereof which is liquid at standard conditions
of temperature and pressure (60 degrees Fahrenheit and
14.7 pounds per square inch absolute), such as oil,
petroleum, fuel oil, oil sludge, oil refuse, gasoline,
kerosene, and oil mixed with other non-Hazardous Waste
and crude oils.
32. Progress Schedule-A schedule, prepared and
maintained by Contractor, describing the sequence and
duration of the activities comprising the Contractor's plan
to accomplish the Work within the Contract Times.
33. Project-The total construction of which the
Work to be performed under the Contract Documents may
be the whole, or a part.
34. Project Manual- The bound documentary
information prepared for bidding and constructing the
Work A listing of the contents of the Project Manual,
which may be bound in one or more volumes, is
contained in the table(s) of contents.
35. Radioactive Material--Source, special nucle-
ar, or byproduct material as defined by the Atomic Energy
Act of 1954 (42 USC Section 2011 et seq.) as amended
from time to time.
36. Related Entity - An officer, director, partner,
employee, agent, consultant, or subcontractor.
37. Resident Project Representatfve--The autho-
rued representative of Engineer who may be assigned to
the Site or any part thereof.
38. Samples-Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
39. Schedule of Submittals--A schedule, prepared
and maintained by Contractor, of required submittals and
the time requirements to support scheduled performanee
of related construction activities.
40. Schedule of Values-A schedule, prepared
and maintained by Contractor, allocating portions of the
Contract Price to various portions of the Work and used
as the basis for reviewing Contractor's Applications for
Payment.
41. Shop Ltrawings-All drawings, diagrams,
illustrations, schedules, sad other data or information
which are specifically prepared or assembled by or for
Contractor and submitted by Contractor to illustrate some
portion of the Work
42. Site--Lands or areas indicated in the Contract
Documents as being furnished by Ownet upon which the
Work is to be performed, including rights-of--way and
easements for access thereto, and such other lands
fiunished by Owner which are designated for the use of
Contractor.
43. Spec~ations--That part of the Contract
Documents consisting of written requirements for
materials, equipment, systems, standards and
workmanship as applied to the Work, and certain
EJCDC C 700 Standard General Conditions of the Conatructton Contract
Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 7
administrative regairements and procedural matters
applicable thereto.
44. Subcontractor-An individual or entity
having a direct contract with Contractor or with any other
Subcontractor for the performance of a part of the Work
at the Site.
45. Substantial Completion The time at which
the Work (or a specified paR thereof) has progressed to
the point where, in the opinion of Engineer, the Work (or
a specified part thereof) is sufficiently complete, in
accordance with the Contract Documents, so that the
Work (or a specified part thereof) 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.
46. Successful Bidder-The Bidder submitting a
responsive Bid to whom Owner makes an award.
47. Supplementary Conditions-That part of the
Co~ract Documents which amends or supplements these
General Conditions.
48. Supplier-A manufacturer, fabricator, suppli-
er, distributor, materialman, or vendor having a direct
contract with Contractor or with any Subcontractor to
fitrnish materials or equipment to be incorporated in the
Work by Contractor or any Subcontractor. .
49. Underground Facilities--All underground
pipelines, conduits, ducts, cables, wires, manholes, vaults,
tanks, tunnels, or other such facilities or attachments, and
any encasements containing such facilities, including
those that convey electricity, gases, steam, liquid
petroleum products, telephone or other communications,
cable television, water, wastewater, storm water, other
liquids o; chemicals, or traffic or other control systems.
50. Unit Price Work-Work to be paid for on the
basis of unit prices.
SL WorIF-The entire construction or the various
separately identifiable parts thereof required to be
provided under the Contract Documents. Work includes
and is the result of performing or providing all labor,
services, and documentation necessary to produce such
construction, and furnishing, installing, and incorporating
all materials and equipment into such construction, all as
required by the Contract Documents.
52. Work Change Directive-A written statement
to Contractor issued on or after the Effective Date of the
Agreement and signed by Owner and recommended by
Engineer ordering an addition, deletion, or revision in the
Work, or responding to differing or unforeseen subsurface
or physical conditions under which the Work is to be
performed or to emergencies. A Work Change Directive
will not change the Contract Price or the Contract Times
but is evidence that the parties expect that the change
ordered or doatmented by a Work Change Directive will
be incorporated in a subsequently issued Change Order
following negotiations by the parties as to its effect, if
any, on the Contract Price or Contract Times.
1.02 Terminology
A. The following words or teams are not defined
but, when used in the Bidding Requirements or Contract
Documents, have the following meaning.
B. Intent of Certain Terms or Adjectives
1. The Contract Documents include the terms "as
alloWed," «~ approv~» «~ Oidefed", "88 directed" Or
terms of like effect or import to authorize an exercise of
professional judgment by Engineer. In addition, the
~~~ «~o~~» "suitable," "acceptable,"
"proper," "satisfactory," or adjectives of like effect or
import are used to descn'be an action or determination of
Engineer as to the Work. It is intended that such exercise
of professional judgment, action or determination will be
solely to evaluate, in general, the Work for compliance
with the requirements of and information in the Contract
Documents and conformance with the design concept of
the completed Project as a functioning whole as~ahown or
indicated in the Contract Documents (unless there is a
specific statement indicating otherwise). The use of any
such tenor or adjective is not intended to and shall not be
effective to assign to Engineer any duty or authority to
supervise or direct the performance of the Work or any
duty or authority to undertake responsibility contrary-t0
the provisions of Paragraph 9.09 br any other provision of
the Contract Documents.
C. Day
1. The Word «day" means a calendar day
of 24 hours measured from midnight to the next midnight.
D. Defective
1. The word "defective," when modifying the
word "Work," refers to Work that is unsatisfactory,
faulty, or deficient is that it:
a. does not conform to the Contract Documents,
or
b. does not meet the requirements of any
applicable inspection, reference standard, test, or
approval referred to in the Contract Documents,
or
c. has been damaged prior to Engineer's -
recommendation of final payment (unless
responsibility for the protection thereof has been
assumed by Owner at Substantial Completion in
accordance with Paragraph 14.04 or 14.05).
E7CDC C 700 Standard General Conditions of the Conatructlon Contract.
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E. Furnish, Install, Perform, Provide
1. The word "furnish,» when used in connection
with services, materials, or equipment, shall mean to
supply and deliver said services, materials, or equipment
to the Site (or some other specified location) ready for use
or installation and in usable or operable condition.
2. The word "install," when used in connection
with services, materials, or equipment, shall mean to put
into use or place in final position said services, materials,
or equipment complete and ready for intended use.
3. The words "perform" or "provide," when used
in connection with services, materials, or equipment, shall
mean to furnish and install said services, materials, or
equipment complete and ready for intended use.
4. When "furnish,,' ,.install," "perform," or "pro-
vide" is not used in connection with services, materials, or
equipment in a context clearly requiring an obligation of
Contractor, "provide" is implied.
F. Unless stated otherwise in the Contract Docu-
ments, words or phrases which have awell-known
technical or constrtmtion industry or trade meaning are
used in the Contract Documents in accordance with such
recognized meaning.
ARTICLE 2 -PRELIMINARY MATTERS
'2.01 Delivery of Bonds and Evklence oflnsurance
A. When Contractor delivers the executed
counterparts of the Agreement to Owner, Contractor shall
also deliver to Owner such bonds as Contractor may be
required to furnish.
B. Evidence of Insurance: Before any Work at
the Site is started, Contractor and Owner shall each
deliver to the other, with copies to each additional insured
identified in the Supplementary Conditions, certificates of
insurance (and other evidence of insurance which either
of them or any additional insured may reasonably request)
which Contractor and Owner respectively are required to
.purchase and maintain in accordance with Article 5.
2.02 Coptes of Documents
A. Owner shall furnish to Contractor up to ten
printed or hard copies of the Drawings and Project
Manual. Additional copies will be furnished upon r~uest
at the cost of reproduction.
2.03 Commencement of Contract Times; Notice to
Proceed
A. The Contract Times will commence to run oa
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 maybe given
at any fume within 30 days after the Effective Date of the
Agreement. In no event will the Contract Times com-
mence to run later than the sixtieth day after the day of
Bid opening or the thirtieth day after the Effective Date of
the Agreement, whichever date is earlier.
2:04 Starting the Work
A. Contractor shall start to perform the Work on
the date when the Contract Times commence to run. No
Work shall be done at the Site prior to the date on which
the Contract Times commence to nm.
2.05 Before Starting Construction
A. Preliminary Schedules: Within 10 days after
the Effective Date of the Agreement (unless otherwise
specified in the General Requirements), Contractor shall
submit to Engineer for timely reviews
1. a preliminary Progress Schedule; indicating
the times (numbers of days or dates) for starting and
completing the various stages of the Work, including any
Milestones specified in the Contract Documents;
2. a preliminary Schedule of Submittals; and
3. a prelurrinary Schedule of Values for all of the
Work which includes quantities and prices of items which
when added together equal the Contract Price and subdi-
vides the Work into component parts in sufficient detail to
serve as. the basis for progress payments during
performance of the Work. Such prices will ~ include an
appropriate amount of overhead and profit applicable to
each item of Work.
2.06 Preconstruction Conference
A. Before any Work at the Site is started, a
conference attended by Owner, Contractor, Engineer, and
others as appropriate will beheld to establish a working
understanding among the parties as to the Work and to
discuss the schedules referred to is Paragraph 2.OS:A,
procedures for handling Shop Drawings and other
submittals, processing Applications for Payment, and
maintaining required records.
2.07 Initial Acceptance of Schedules
A. At least 10 days before submission of the first
Application for Payment a conference attended by
Contractor, Engineer, and others as appropriate will be
held to review for acceptability to Engineer as provided
below the schedules submitted in accordance with
Paragraph 2.OS.A. Contractor shall have an additional 10
days to make corrections and adjustments and to complete
and resubmit the schedules. No progress payment shall be
made to Contractor until acceptable schedules are
submitted to Engineer.
EJCDC C-700 Standard General Conditions of the Constroetlon Contract
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1. The Progress Schedule will be acceptable to
Engineer if it provides an orderly progression of the Work
to completion within the Contract Times. Such acceptance
will not impose on Engineer responsibility for the
Progress Schedule, for sequencing, scheduling, or
progress of the Work nor interfere with or relieve
Contractor from Contractor's full responsibility therefor.
2. Contractor's Schedule of Submittals will be
acceptable to Engineer if it provides a workable
arrangement for reviewing and processing the required
submittals.
3. Contractor's Schedule of Values will be
acceptable to Elmglneer as to form. and substance if it
provides a reasonable allocation of the Contract Price to
component parts of the Work
ARTICLE 3 -CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary;
what is required by one is as binding as if required by all.
B. It is the intent of the Contract Documents to
descrmbe.a fimnctionally complete Project (or part thereof)
to be constructed in accordance with the Contract Docu-
ments. Any labor, documentation, services, materials, or
equipment that may reasonably be inferred from the
Contract Documents or from prevailing custom or trade
..usage as being required to produce the intended result will
be provided whether or. not specifically called for at no
additional cost to Owner.
C. Clarifications and interpretations of the
Contract Documents shall be issued by Engineer as
provided in Article 9.
3.02. Reference Standards
A. Standards, Specifications, Codes, Laws, and
Regulations
1. Reference to standards, specifications,
manuals, or codes of any technical society, organization,
or association, or to Laws or Regulations, whether such
reference be specific or by implication, shall mean the
standard, specification, manual, code, or Laws or Regula-
tions in effect at the time of opening of Bids (or on the
Effective Date of the Agreement if there were no Bids),
except as may be otherwise specifically stated in the
Contract Documents.
2. No provision of any such standard,
specification, manual or code, or any instruction of a
Supplier shall be effective to change the duties or
responsibilities of Owner, Contractor, or Engineer, or any
of their subcontractors, consultants, agents, or employees
from those set forth in the Contract Documents. No such
provision or instruction shall be effective to assign to
Owner, or Engineer, or any o~ their Related Entities, any
duty or authority to supervise or direct the performance of
the Work or any duty or authority to undertake respon
sibility inconsistent with the provisions of the Contract
Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies
1. Contractor's Review of Contract Documents
Before Starting Work Before undertaking each part of the
Work, Contractor shall carefully study and compare the
Contract Documents and check and verify pertinent
figures therein and all applicable field measurements.
Contractor shall. promptly report in writing to Engineer
any conflict, error, ambiguity, or discrepancy which
Contractor may discover and shall obtain a written
interpretation or clarification from Engineer before
proceeding with any Work affected thereby.
2. Contractor's Review of Contract Documents
During Performance of Work. If, during the performance
of the Work, Contractor discovers any conflict, error,
ambiguity, or discrepancy within the Contract Documents
or between the Contract Documents and any provision of
any Law or Regulation applicable to the performance of
the Work or of any standard, specification, manual or
code, or of any instruction of any Supplier, Contractor
shall promptly repoR it to Engineer in writing. Contractor
shall not proceed with the Work affected thereby (except
in an emergency as required by Paragraph .6.16.A) until
an amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
Paragraph 3.04.
3. Contractor shall not be liable to Owner or
Engineer for. failure to report any conflict, error, ambigu-
ity, or discrepancy in the Contract Documents unless
Contractor knew or reasonably should have known
thereof.
B. Resolving Discrepancies
1. Except as maybe otherwise specifically stated
in the Contract Documents, the provisions of the Contract
Documents shall take precedence in resolving any
conflict, error, ambiguity, or discrepancy between the
provisions of the Contract Documents and:
a. the provisions of any standard, specification,
manual, code, or instruction (whether or not
specifically incorporated by reference in the
Contract Documents); or
b. the provisions of any Laws or Regulations
applicable to the performance of the Work
__
EJCDC C-700 Standard General Conditions of the Construction Contrail.
Copyright ®2002 National Soaety of Professional Engineers for EJCDC. All rights reserved.
00700 -10
(~mless such. an interpretation of the provisions
of the Conhact Documents would result in viola-
tion of such Law 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 by either a
Change Order or a Work Change Directive.
B. The requirements of the Contract Documents
'may be supplemented, and minor variations and
deviations in the Work may be authorized, by one or more
of the following ways:
1. A Field Order;
2. Engineer's approval of a Shop Drawing or
Sample; (Subject to the provisions of Paragraph
6.17.D.3); or
3. Engineer's written interpretation or
clarification.
sole risk If there is a discrepancy between the electronic
files and the hard copies, the hard copies govern
B. Because data stored in electronic media
format can deteriorate or be modified inadvertently or
otherwise without authorization of tbe data's creator, the
party receiving electronic files agrees that it will perform
acceptance tests or procedures. within 60 days, after which
the receiving party shall be deemed to have accepted the
data thus transferred. Any errors detected within the 60-
day acceptance period will be corrected by the
transferring party..
C. When transferring documents in electronic
media format, the transferring party. makes no
representations as to long term compatibility, usability, or
readability of documents resulting from the use of
software application packages, operating systems, or
computer hardware differing from those used by the
data's creator.
ARTICLE 4 - AVAILABILITY OF LANDS;
SUBSURFACB AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS;
REFBRENCE POINTS
3.05 Reuse.ofDocuments
A Contractor and any Subcontractor or Supplier
~or other individual or entity performing or furnishing all
of the Work under a direct or indirect contract with
.Contractor, shall not:
1. have or acquire any title to or ownership
rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or
bearing the seal of Engineer or Engineer's consultants,
including electronic media editions; or
2. reuse any of such Drawings,. Specifications,
. other documents, or copies thereof on extensions
of the Project or any other project without written consent
of Owner and Engineer and specific written verification
or adaption by Engineer.
B. The prohibition of this Paragraph 3.05 will
survive final. payment, or termination of the ContracK.
Nothing herein shall preclude Contractor from retaining
copies of the Contract Documents for record purposes.
3.06 Electronic Data
4.01 Availability ojLands
A Owner shall furnish the Site. Owner shall
notify Contractor of any encumbrances or restrictions not
of general application but specifically related to use of the
Site with which Contractor must comply in performing
the Work Owner will obtain in a timely manner and pay
for easements for penmaaent~ structures or permanent
changes in existing facilities. If Contractor and Owner are
unable .to agree on entitlement to or oa the amount or
extent, if any, of any adjustment in the Contract Price or
Contract Times, or both, as a result of any delay in
Owner's furnishing the Site or a part thereof; Contractor
may make a Claim. therefor as provided is Paragraph
10.05.
B. Upon reasonable written request, Owner shall
furnish Contractor with a current statement of record legal
title and legal description of the lands upon which the
Work is to. be performed and Owner's interest .therein as
necessary for giving notice of or filing a mechanic's or
construction lien against such lands in accordance with
applicable Laws and Regulations.
A Copies of data famished by Owner or
Engineer to Contractor or Contractor to Owner or
Engineer that may be relied upon are limited to the
printed copies (also known as hard copies). Files in
electronic media format of text, data, graphics, or other
types are famished 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
C. Contractor shall provide for all additional
lands and access thereto that may be required for
temporary construction facilities or storage of materials
and equipment.
F,JCDC C-700 Standard General Conditions of the Constraction ContraM.
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4.02 .Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary
Conditions identify:
1. those reports of explorations and tests of
subsurface conditions. at or contiguous to the Site that
Engineer has used in preparing the Contract Documerts;
and
2. those drawings of physical conditions in or
relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities)
that Engineer has used in preparing the Contract
Documents.
B. Limited Reliance by Contractor on Technical
Data Authorized:.Contractor may rely upon the general
accuracy of the "technical data" contained in such reports
and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified
is the Supplementary Conditions. Except for such reliance
on such "technical data," Contractor may not rely upon or
make any claim against Owner or Bngineer, or any of
their Related Entities with respect to:
1. the completeness:of such reports and drawings
for Contractor's purposes, including, but not limited to,
any aspects of the means, methods, techniques,
sequences, and procedures of construction to be employed
by 'Contractor, and safety prceautions and programs
inciderrt thereto; or
2. other data, interpretations, opinions, aad~
information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion
drawn from any "technical data" or any such other data,
interpretations, opinions, or information.
4.03 Differing Subsurface or Physical Conditions
A. Notice: ff Contractor believes that any subsur-
face or physical condition at or contiguous to the Site that
is uncovered or revealed either.
1. is of such a nature as to establish that any
"technical data" on which Contractor is entitled to rely as
provided in Paragraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the
.Contract Documents; or
3. differs materially from that shown or indicated
in the Contract Documents; or
4. is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally
recognized as inherent in work of the character provided
for in the Contract Documents;
then Contractor shall, promptly after becoming aware
thereof and before further disturbing the subsurface or
physical conditions or performing any Work in connote
lion therewith (except in an emergency as required by
Paragraph 6.16.A), notify Owner and Engineer in writing
about such condition. Contractor shall not further disturb
such condition or perform any Work in connection
therewith (except as aforesaid) until receipt of written
order to do so.
B. Engineer's Review: After receipt of written
notice as required by Paragraph 4.03.A, Engineer will
promptly review the pertinent condition, determine the
necessity of Owner's obtaining additional exploration or
tests with respect thereto,' and advise Owner in writing
(with a copy to Contractor) of Engineer's findings and
conch>sions.
C. Possible Price and Times Adjustments
1. The Contract Price or the Contract Times, or
both, will be equitably adjusted to the extent that the
existence of such differing subsurface or physical
condition causes an increase or decrease in Contractor's
cost of; or time required for, performance of the Work;
subject, however, to the following:
a. such condition must meet any one or more of
the categories descn'bed in Paragraph 4.03.A;
and
b. with respect to Work that is paid for on a Unit
Price Basis, any adjustment in Contract Price
will be subject to the provisions of Paragraphs
9.07 and 11.03.
2. Contractor shall not be .entitled to any
adjustment in the Contract Price or Contract Times if:
a. Contractor knew of the existence of such
conditions at the time Contractor made a final
commitment to Owner with respect to Contract
Price and Contract Times by the submission of a
Bid or becoming bound under a negotiated
contract; or
b. the existence of such condition could
reasonably have been discovered or revealed as a
result of any examinatioq investigatioq explo-
ration, test, or study of the Site and contiguous
areas required by the Bidding Requirements or
Contract Documents to be conducted by or for
Contractor prior to Contractor's making such
final commitment; or
EJCI>C C-700 Standard General Conditions of the Constriction Contraex.
Copyright ®1.002 National Society of Professional Engineers for EJCI>C. All rights reserved.
00700 -12
a Contractor failed to give the written notice as
required by Paragraph 4.03.A
3. If Owner and Contractor are unable to agree
on entitlement to or on the amount or extent, if any, of
any adjustment in the Contract Price or Contract Times,
or both, a Claim may be made therefor as provided in
Paragraph 10.05. However, Owner and Engineer, and any
of their Related Entities shall not be liable to Contractor
for any claims, costs, losses, or damages (including but
not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or
anticipated project.
4.04 Underground Facilities
A. Shown or Indicated: The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or
contiguous to the Site is based on information and data
furnished to Owner or Engineer by~ the owners of such
Underground Facilities, including Owner, or by others.
Unless it is otherwise expressly provided in the Sup-
plementary Conditions:
1. Owner and Engincer shall not be responsible
for the accuracy or completeness of any such information
or data; and
2. the cost of all of the following will be
included in the Contract Price, and Contractor shall have
full responsibility for.. -
a. reviewing and checking all such information
and data,
b. locating all Underground Facilities shown or
indicated in the Contract Documents,
c. coordination of the Work with the owners of
such Underground Facilities, including Owner,
during construction, and
d. the safety and protection of all such Under-
ground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Shown or Indicated
1. If an Underground Facility is uncovered or
revealed at or contiguous to the Site which was not shown
or indicated, or not shown or indicated with reasonable
accuracy in the Contract Documents, Contractor shall,
promptly after becoming aware thereof and before further
disturbing conditions affected thereby or performing any
Work in connection therewith (except in an emergency as
required by Paragraph 6.16.A), identify the owner of such
Underground Facility and give written notice to that
owner and to Owner and Engineer. Engineer will
promptly review the Underground Facility and determine
the extent, if any, to which a change is required in the
Contract Documents to reflect and document the
consequences of the existence or location of the Under-
ground Facility. During such time, Contractor shall be
responsible for the safety and protection of such
Underground Facility.
2. If Engineer concludes that a change in the
Contract Documents is required, a Work Change
Directive or a Change Order will be issued to reflect and
document such consequences. An equitable adjustment
shall be made in the Contract Price or Contract Times, or
both, to the extent that they are attributable to the
existence or location of any Underground Facility that
was not shown of indicated or not shown or indicated
with reasonable accuracy in the Contract Documents and
that Contractor did not know of and could not reasonably
have been expected to be aware of or to have anticipated.
If Owner and Contractor are unable to agree on
entitlement to or on the amount or extent, if any, of any
such adjustment in Contract Price or Contract Times,
Owner or Contractor may make a Claim therefor as
provided in Paragraph 10.05.
4.05 Reference Points
A. Owner shall provide engineering surveys to
establish reference points for constmctioa which in
Engineer's judgment are necessary to enable Contractor
to proceed with the Work. Contractor shall be responsible
for Taying out the Work, shall protect and preserve the
established reference points and Property monuments, and
shall make no changes ~or relocations .without the prior
written approval of Owner. Contractor ~ shall report to
Engineer. whenever any reference point or property
monument is lost or destroyed or requires relocation
because of necessary changes is grades or locations, and
shall be responsible for the accurate replacement or
relocation of such reference points or property
monuments by professionally qualified personnel
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: Reference is made to
the Supplementary Conditions for the identification of
those reports and drawings relating to a Hazardous
Environmental Condition identified at the. Site, if any, that
have been utilized by the Engineer in the preparation of
the Contract Documents.
B. Limited Reliance by Contractor on Technical
Data Authorized: Contractor may rely upon the general
accuracy of the "technical data" contained in such reports
and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified
in the Supplementary Conditions. Except for such reliance
on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of
their Related Entities with respect to:
EJCDC C-700 Standard General Conditions of the Constrnctlon CoatnM.
Copyright ®2002 National Soeiety of Professional Engineers for EJCDC. AII rights reserved.
00700 -13
1. the completeness of such reports and drawings
for Contractor's purposes, including, but not limited to,
any aspects of the means, methods, techniques, sequences
and procedures of construction to be employed by
Contractor and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions and
information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or.conclusion
drawn from any "technical data" or any such other data,
'interpretations, opinions or information.
C. Contractor shall not be responsible for any
Hazardous Environmental Condition uncovered or re-
vealed at the Site which was not shown or indicated in
Drawings or Specifications or identified in the Contract
Documents to be within the scope of. the Work.
Contractor shall be responsible for a Hazardous
Environmental Condition created with any materials
brought to the Site by Contractor, Subcontractors,
Suppliers, or anyone else for whom Contractor is
responsrble.
D. If .Contractor encounters a Hazardous
Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous
Environmental. Condition, Contractor shall immediately:
(i) secure or otherwise isolate such condition; (ii) stop all
Work in connection with such condition.aad in any area
affected thereby (except is an emergency as required by
Paragraph 6.16A); and (iii) notify Owner and Engineer
(and promptly thereafter confirm such notice in writing).
Owner shall promptly consult with Engineer concerning
the necessity for Owner to retain a qualified expert to
evaluate such condition or take corrective action; if any.
E. Contractor shall not be required to resume
Work in connection with such condition or in any affected
area until after Owner has obtained any required permits
related thereto and delivered to Contractor written notice:
(i) specifying that such condition and any affected area i8
or has been rendered safe for the resumption of Work; or
(ii) specifying any..special conditions under which such
Work may be resumed safely. If Owner and Contractor
cannot agree as to entitlement to or on the amoutrt or
extent, if any, of any adjustment in Contract Price or
. Contract Times, or both, as a result of such Work stop-
page or such special conditions under which Work is
agreed to be• resumed by Contractor, either P~h' ~Y
make a Claim therefor as provided in Paragraph 10.05.
F. If after receipt of such written notice
Contractor does not agree to resume such Work based on
a reasonable belief it is unsafe, or does not agree to
.resume such Work under such special conditions, then
Owner may order the portion of the Work that is in the
area affected by such condition to be deleted from the
Work. If Owner and Contractor cannot agree as to
entitlement to or on the amount or extent, if any, of an
adjustment in Contract Price or Contract Times as a result
of deleting such portion of the Work, then either party
may make a Claim therefor as provided in Paragraph
10.05.Owner may have such deleted portion of the Work
performed by Owner's own forces or others in accordance
with Article 7.
G. To the fullest extent permitted by Laws and
Regulations, Owner shall indemnify and hold harmless
Contractor, Subcontractors, and Engineer, and the
officers, directors, Partners, employees, agents,
consultants, and subcontractors of each and any of them
from and against all claims; costs, losses, and damages
(including but not limited to all foes and charges of
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) arising out of or relating to a Hazardous
Environmental Condition, provided that such Hazardous
Environmental Condition: (i) was not shown or indicated
in the Drawings or Specifications or identified in the
Contract Documents to be included within the scope of
the Work, and (ii) was not created by Contractor or by
anyone for whom Contractor is responsible. Nothing in
this Paragraph 4.06. G shall obligate Owner to indemnify
any individual or entity from and against the copse-
. quences of that individual's or entity's own negligence:
H. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify .and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, . consultants, and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to a Hazardous Environmental Condition
created by Contractor or by anyone for whom Contractor
is responsible. Nothing in this Paragraph 4.06.H shall
obligate Contractor to indemnify any individual or entity
from and against the consequences of that individual's or
entity's own negligence.
I. The provisions of Paragraphs 4.02, 4.03, and
4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLB 5 -BONDS AND INSURANCE
5.01 Performance, Payment, and Other Bonds
A. Contractor shall furnish 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 of Contractor's obligations under the
Contract Documents. These bonds shall remain in effect
until one year after the date when frost payment becomes
due or until completion of the correction period specified
EJCDC C-?00 Standard General Conditlons of the Construction Contact.
Copyright ®2002 National Sodety of Profesabnal Engineers for EJCDC. All rights reserved.
00700 -14
in Paragraph 13.07, whichever is later, except as provided
otherwise by Laws or Regulations or by the Contract
Documents. Contractor shall also fiunish such other
bonds as are required by the Contract Documents.
B. All bonds shall be is the form prescribed by
the Contract Documents except as provided otherwise by
Laws or Regulations, and shall be executed by such
sureties as are named in the current list of "Companies
Holding Certificates of Authority as Acceptable Sureties
on Federal Bonds and as Acceptable Reinsuring Compa-
nies" as published in Circular 570 (amended) by the
Financial Management Service, Surety Bond Branch, U.S.
Department of the Treasury. All bonds signed by an agent
must be accompanied by a certified copy of the agent's
authority to act.
C. If the surety on any bond furnished by
Contractor is declared banlaupt 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 S.O1.B, Contractor shall
promptly notify Owner and Engineer and shall, within 20
days after the event giving rise to such notification,
provide another bond and surety, both of which shall
comply with the requirements of Paragraphs S.O1.B and
5.02..
5.02 Licensed ~'ureties and Insurers
A. All bonds and insurance . by the
Contract Documents to be purchased and maintained by
Owner or Contractor shall be obtained from surety or
insurance companies that are duly licensed or authorized
in the jurisdiction in which the Project is located to issue
bonds or insurance policies for the limits and coverages
so required. Such surety and insurance companies shall
also meet such additional requirements and qualifications
as may be provided in the Supplementary Conditions.
5.03 Certificates oflnstawnee
A. Contractor shall deliver to Owner, with copies .
to each additional insured identified is the Supplementary
Conditions, certificates of insurance (and other evidence
~of insurance requested by Owner or any other additional
insured) which Contractor is required to purchase and
maintain.
B. Owner shall deliver to Contractor, with copies
to each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence
of insurance requested by Contractor or any other
additional insured) which Owner is required to purchase
and maintain.
5.04 Contractor s Liability Insurance
from claims set forth below which may arise out of or
result from Contractor's performance of the Work and
Contractor's other obligations under the Contract
Documents, whether it is to be performed by Contractor,
any Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform any of the
Work, or by anyone for whose acts any of them may be
liable:
1. claims under workers' compensation,
disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury,
occupational sickness or disease, or death of Contractor's
employees;
3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
Contractor's employees;
4. claims for damages insured by reasonably
available personal injury liability coverage which are sus-
tained:
a. by any person as a result of an offense directly
or indirectly related~to the employment of such
person by Contractor, or
b. by any other person for any other reason;
5. claims for damages, other than to the Work
itself, because of injury to ~ or destruction of tangible
property wherever located, including loss .of use resulting
therefrom; and
6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of a~+ motor vehicle.
B. The policies of insurance required by this
Paragraph 5.04 shall:
1. with respect to insurance ~requir+ed by
Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include
as additional insured (subject to any customary exclusion
regarding professional liability) Owner and Engineer, and
any other individuals or entities identified in the Supple-
mentary Conditions, all of whom shall be listed as addi-
tional insureds, and include coverage for the respective
officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of all such
additional insureds, and the insurance afforded to these
additional insureds shall provide primary coverage for all
claims covered thereby,
2. include at least the specific coverages and be
written for not less than the limits of liability provided in
A. Contractor shall purchase and maintain such the Supplementary Conditions or required by Laws or
liability and other insurance as is appropriate for the Regulations, whichever is greater;
Work being performed and as will provide protection
EJCDC C-700 Standard G~eral Conditions of the Construction Contract.
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00700 -15
3. include completed operations insurance;
4. include contractual liability insurance
covering Contractor's indemnity obligafions under
Paragraphs 6.11 and 6.20;
5. contain a provision or endorsement that the
coverage afforded will not be canceled, materially
changed or renewal refused until at least 30 days prior
written notice has been given to Owner and Contractor
and to each other additional insured identified in the
Supplementary Conditions to whom a certificate of
insurance has been issued (and the certificates of
insurance fiunished by the Contractor pursuant to
Paragraph 5.03 will so provide);
6. remain in effect at least until final payment
and at all times thereafter when Contractor may be
correcting, removing, or replacing defective Work in
accordance with Paragraph 13.07; and
7. with respect to completed operations insur-
ance, and any insurance coverage written on a chiims-
made basis, remain is effect for at least two years after
final payment:
. a. Contractor shall furnish Owner and each other
additional insured identified in the Supple-
mentary Conditions, to whom a certificate of
insurance has been issued, evidence satisfactory.
to Owner and any such additional insured of
continuation of such insurance at final payment
and one year thereafter.
5.05 Owner's Liability Insurance
A. In addition to the insurance required to be
provided by Contractor under Paragraph 5.04, Owner,.at
Owner's option, may purchase and maintain at Owner's
expense Owner's own liability insurance as will protect
Owner against claims which may arise from operations
under the Contract Documents.
5.06 Property Insurance
A. Unless otherwise provided in the Supple-
mentary Conditions, Owner shall purchase and maintain
property insurance upon the Work at the Site in the
amount of the full replacement cost thereof (subject to
such deductible amounts as may be provided in the
Supplementary Conditions or required by Laws and
Regulations). T7ris insurance shall:
1. include the interests of Owner, Contractor,
Subeomtractors, and Engineer, and any other individuals
or entities identified in the Supplementary Conditions,
and the o4flcers, directors, partners, employees, agents,
consultants and subcontractors of each and any of them,
each of whom is deemed to have an insurable interest and
shall be listed as an insured or additional. insured;
2. be written on a Budder's Risk "all-rislt" or
open peril or special causes of loss policy form that shall
at least include insurance for physical loss or damage to
the Work, temporary buildings, false work, and materials
and equipment in transit, and shall insure against at least
the following perils or causes of loss: fire, lightning,
extended coverage, theft, vandalism and malicious
mischief, earthquake, collapse, debris removal,
demolition occasioned by enforcement of Laws and
Regulations, water damage, (other than caused by flood)
and such other perils or causes of loss as may be specifi-
cally required by the Supplementary Conditions;
3. inchide expenses incurred in the repair or
replacement of any insured property (including but not
limited to fees and charges of engineers and architects);
4. cover materials and equipment stored at the
Site or at another location that was agreed to in writing by
Owner prior to being incorporated in the Work, provided
that such materials and equipment have bees included in
an Application for Payment recommended by Engines;
5. allow for partial utilization of the Work by
Owner,
6. include testing and startup; and
7. be maintained m effect until final payment is
made unless otherwise agreed to in writing by Owner,
Contractor, and Engineer with 30 days written notice to
each other additional insured to whom a certificate of
insurance has been issued.
B. Owner shall purchase and maintain such
boiler and machinery insurance or additional property
insurance as may be r+egitired by the Supplementary
Conditions or Laws and Regulations which will include
the interests of Owner, Contractor, Subcontractors, and
Engineer, and any other individuals or entities identified
in the Supplementary Conditions, and the officers,
directors, partners, employees, agents, consultants and
subcontractors of each and any of them, each of whom is
deemed to have an insurable interest and shall be listed as
an.insured or additional insured.
C. All the policies of insurance (and the certifi-
cates or other evidence thereof) required to be purchased
and maintained in accordance with Paragraph 5.06 will
contain a provision or endorsement that the coverage
afforded will not be canceled or materially changed or
renewal refused until at least 30 days prior written notice
has been given to Owner and Contractor and to each other
additional insured to whom a certificate of insurance has
been issued and will contain waiver provisions in accor-
dance with Paragraph 5.07.
D. Owner shall not be responsible for purchasing
and maintammg any Property insurance specified in this
Paragraph 5.06 to protect tbe interests of Contractor,
Subcontractors, or others in the Work to the extent of anv
EJCDC C-700 Standard General Conditions of the ConatructIon Contract.
Copyright A 2002 National Sodety of Professional Engineers for EJClK. All rights re:crved.
00700 -16
deductible amounts that are identified in the Supple-
mentary Conditions. The risk of loss within such
identified deductible amount will be borne by Contractor,
Subcontractors, or others suffering any such loss, and if
any of them wishes property insurance coverage within
the limits of such amounts, each may purchase and
maintain it at the purchaser's own expense.
E. If Contractor requests in writing that other
speciat insurance be included in the property insurance
policies provided under Paragraph 5.06, Owner shall, if
possible, include such insurance, and the cost thereof will
be charged to Contractor by appropriate Change Order.
Prior to commencement of the Work at the Site, Owner
shall in writing advise Contractor whether or not such
other insurance has been procured by Owner.
5.07 Waiver of Rights
A Owner and Contractor intend that all policies
purchased in accordance with Paragraph 5.06 will protect
Owner, Contractor, Subcontractors, and Engineer, and all
other individuals or entities identified in the Supple-
mentary Conditions to be listed as insureds or additional
insureds (and the officers, directors, partners, employees,
agents, consultants and subcontractors of each and any of
them) in such policies and will provide primary coverage
for all losses and damages caused by the perils or causes
of loss covered thereby. All 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 Contractor waive all rights against
each other and their respective offices, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them for all losses and
damages caused by, arising out of or resulting finm any of
.the perils or causes of loss covered by such policies and
any other property insurance applicable to the Work; and,
in addition, waive all such rights against Subcontractors,
and Engines, and all other individuals. or entities
identified in the Supplementary Conditions to be listed as
insured or additional insured (and the officers, directors,
Partners, employees, agents, consultants and
subcontractors of each and any of them) under such
policies for losses and damages so caused None of the
above waivers shall extend to the rights that anY P~3'
making such waiver may have to the proceeds of
insurance held by Owner as trustce or otherwise payable
under any policy so issued.
B. Owner waives all rights against Contractor,
Subcontractors, and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them for:
1. loss due to business interruption, loss of use,
or .other consequential loss extending beyond direct
physical loss or damage to Owner's property or the Work
caused by, arising out of, or resulting from fire or other
perils whether or not insured by Owner, and
2. loss or damage to the completed Project" or
part thereof caused by, arising out of; or resulting from
fire or other insured peril or cause of loss covered by any
property insurance maintained on the completed Project
or part thereof by Owner during partial utilization
pursuant to Paragraph 14.05, after Substantial Completion
pursuant to Paragraph 14.04, or after final payment
pursuant to Paragraph 14.07.
C. Any insurance policy maintained by Owner
covering any loss, damage or consequential loss referred
to in Paragraph 5.07.B 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 Contractor, Subcontractors, or
Engineer, and the offices, directors, Partners, employees,
agents, consultants and subcontractors of each sad any of
them.
5.08 Receipt and Application of Insurance Proceeds
A Any insured loss under the policies of
insurance required by Paragraph 5.06 will be adjusted
with Owner and made payable to Owner as fiduciary for
the insureds, as their interests may appear, subject to the
requirements of any applicable mortgage clause and of
Paragraph 5.08.B. Owner shall deposit in a separate
account any money so received and shall distribute it in
accordance with such agreement as the parties is interest
may reach. If no other special agreement is reached, the
damaged Wqrk 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 as fiduciary shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object is 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. settlemetrt 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 ~Y PAY ~
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 Contractor has any
objection to the coverage afforded by or other provisions
of the bonds or insurance required to be purchased and
maintained by the other party in accordance with Article 5
on the basis of non-conformance with the Contract
EJCDC C-700 Standud General Conditions of the Construction Contract.
Copyright 1®200Z National Society of Professtoaal Engineers for EJCDC. All rights reserved.
00700 -17
Documents, the objecting Party shall so notify the other
PAY ~ ovriting ~~ 10 days after receipt of the
certificates (or other evidence requested) required by
Paragraph 2.O1.B. Owner and Contractor shall each
provide to the other such additional information in respect
of insurance provided as the other may reasonably
request. If either. party does not purchase or maintain all
of the bonds and insurance required of such party by the
Contract Documents, such party shall notify the other
Party in writing of such failure to purchase prior to the
start of the Work, or of such failure to maintain prior to
any change in the required coverage. Without.prejudice to
any other right or remedy, the other party may elect to
obtain equivalent bonds or insurance to protect such other
party's interests at the expense of the party who was
required to provide such coverage, and a Change Order
shall be issued to adjust the Contract Price accordingly.
5.10 Partial Utilization, Acknowledgment of Property
Insurer
A. If Owner finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
Completion of all the Work as provided in Paragraph
14.05, no such use or occupancy shall commence before
the insurers providing. the Property insurance pursuant to
Paragraph 5.06 have acknowledged notice thereof and in
writing effected any .changes in coverage necessitated
thereby. The insurers providing the property insurance
shall consent by endorsement on the policy or policies,
but the Property insurance shall not be canceled or
permitted to lapse on account of any such partial use or
~P~cY•
:ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct
the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as
may be necessary to perform the Work in accordance with
the Contract Documents. Contractor shall be solely
~responsrble for the means, methods, techniques,
sequences, and procedures of construction. Contractor
.shall not be rrsponsrble for the negligence of Owner or
Engineer in the design or specification of a specific
means, method, technique, sequence, or procedure of
construction which is shown or indicated in and expressly
required by the Contract Documents.
B. At all times during the progress of the Work,
Contractor shall assign a competent resident superirr
tendent who shall not be replaced without written notice
to Owner and Engineer except under extraordinary
circumstances. The superintendent will be Contractor's
representative at the Site and shall have authority to act on
behalf of Contractor. All communications given to or
received from the superintendent shall be bindittg on
Contractor.
6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably
qualified personnel to survey and lay out the Work. and
perform construction as required by the Contract Docu-
ments. Contractor shall at all times maintain good disci-
pline and order at the Site.
B. Except as otherwise required for the safety or
protection of persons or the Work or property at the Site
or adjacent thereto, and except as otherwise. stated in the
Contract Documents, all Work at the Site shall be
performed during regular working hours. Contractor will
not permit the performance of Work on a Saturday,
Sunday, or any legal holiday without Owner's written
consent (which will not be unreasonably withheld) given
after prior written notice to Engineer.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract
Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor,
transportation, conshuction equipment and machinery,
tools, appliances, fuel, power, light, heat, telephone,
water, sanitary facilities, temporary.facilities, and all other
facilities and incidentals necessary for the performance,
testing, start up, and completion of the Work.
B. All materiaL4 and equipment incorporated into
the Work~shall be as specified or, if not specified, shall be
of good quality and new, except as otherwise provided in
the Contract Documents. All. special warranties and
guarantees required by the Specifications shall expressly
run to the benefit of Owner. ff required by Engineer,
Contractor shall furnish satisfactory evidence (including
reports of required tests) as to the source, kind, and
quality of materials and equipment.
C. All. materials and equipment shall be stored,
applied, installed, connected, erected, Protected, used,
cleaned; and conditioned in accordance with instructions
of the applicable Supplier, except as otherwise may be
provided in the Contract Documents.
6.04 Progress Schedule
A. Contractor shall adhere to the Progress
Schedule established in accordance with paragraph 2.07
as it may be adjusted from time to time .as provided
below.
EJC1K C-700 Standard General Conditions of the ConatrucHon Contract.
Copyright ®2002 National Sodety of Professional Engineers for EJCDC. Ail tights reserved.
00700 -18
1. Contractor shall submit to Engineer for
acceptance (to the extent indicated in Paragraph 2.07)
proposed adjustments in the Progress Schedule that will
not result in changing the Contract Times. Such adjust-
ments will comply with any, provisions of the General Ra
quirements applicable thereto.
2. Proposed adjustments in the Progress
Schedule that will change the Contract Times shall be
submitted in accordance with the requirements of Article
12. Adjustments in Contract Tinos may only be made by
a Change Order.
6.05 5u6stitutes and "Or-Equals"
A Whenever an item of material or equipment is
specified or descnbed in the Contract Documents by
using the name of a proprietary item or the name of a
particular Supplier, tho specification or description is
intended to establish the type, function, appearance, and
quality required. Unless the specification or description
contains or is followed by words reading that no like,
equivalent, or "or-equal" item or no substitution is
permitted, other items of material or equipment. or
material or equipment of other Suppliers may be
submitted to Engineer for review under the circumstances
descn~ed below.
1. "Or-Equal" Items: If in Enginea's sole
discretion an item of material or equipment proposed by
Contractor is functionally equal to that names -and
sufficiently similar so that no change in related Work will
be required, it may be considered by Engineer as an
"or-equar' item, in which case review and approval of the
proposed item may, in Engineer's sole discretion, be
accomplished without compliance with some or all of the
requirements for approval of proposed substitute items.
For the purposes of this Paragraph 6.OS.A.1, a proposed
item of material or equipment will be considered
functionally equal to an item so named i£
a. in the exercise of reasonable judgment
Engineer determines that:
1) it is at least equal in materials of
consttuotion, quality, durability, appearance,
strength, and design characteristics;
2) it will reliably perform at least
equally well the function and achieve the results
imposed by the design concept of the completed
Project as a functioning whole,
3) it has a proven record of performance
and availability of responsive sen+ice; and
b. Contractor certifies that, if approved and
incorporated into the Work
1) there will be no increase in cost to
the Owner or increase in Contract Times, and
2) it will conform substantially to tbe
detailed requirements of the item named in the
Contract Documents.
2. Substitute Items
a. If in Engineer's sole discretion an item of
material or equipment proposed by Contractor
does not qualify as an "or-equal" item under
Paragraph 6.OS.A.1, it will be considered a
proposed substitute item.
b. Contractor shall submit sufficient information
as provided below to allow Engineer to
determine that the item of material or equipment
proposed is essentially equivalent to that named
and an acceptable substitute therefor. Requests
for review of proposed substitute items of
material or equipment will. not be accepted by
Engineer.from anyone other than Contractor.
c. The requirements for review by Engineer will
be as set forth in Paragraph 6.OS.A2.d, as
supplemented in the General Requirements and
as Engineer may decide is appropriate under the
circumstances.
d. Contractor shall make written application to
Engineer for review.of a proposed substitute item
of material or equipment that Contractor seeks to
furnish or use: The application:
l). shall certify that the proposed substi-
tute item will:
a) perform adequately the functions and
achieve the results called for by the
general design,
b) .be similar in substance to that
specified, and
c) be suited to the same use as that
specified;
2) will state:
a) the extent, if any,'to which the use of
tlm proposed substitute item will preju-
dice Contractor's achievement of
Substantial Completion.on time;
b) whether or not use of the proposed
substitute item in the Work will require
a change in any of the Contract Docu-
ments (or in the provisions of any other
direct contract with Owner for other
work on tbe Project) to adapt the design
to the proposed substitute item; and
EJCDC C-700 Standard General Conditlooa of the Construction Contract
Copyright O 2002 National Sodety of Professional EngSneax for EJCDC. All rights reserved.
00700 -19
c) whether or not incorporation or use
of the proposed substitute item in con-
nection with the Work is subject to
payment of any license fce or royalty;
3) will identify:
a) all variations of the proposed
substitute item from that specified ,and
b) available engineering, sales,
maintenance, repair, and replacement
services;
4) and shall contain an itemized esti-
mate of all ~ costs or credits that will result
directly or indirectly from use of such substitute
item, including costs of redesign end claims of
other contractors affected by any resulting
change,
B. Substitute Construction Methods or Proce-
dures: ff a specific means, method, technique, sequence,
or procedure of construction is expressly required by the
Contract Documents, Contractor may .famish or utilize a
substitute means, method, technique, sequence, or
procedure of consttuction• approved by Engineer.
Contractor shall submit sufficient information to allow
Engineer, in Engineer's .sole discretion, to determine that
the substitute proposed is equivalent to that expressly
called for by the Contract Documents. The requirements
for review by Engineer will be similar to those provided
in Paragraph 6.OS.A.2.
C. Engineer's Evaluation: Engineer will be
allowed a reasonable time within which to evaluate each
Proposal or submittal made pursuant to Paragraphs 6.OS.A
and 6.OS.B. Engineer may require Contractor to famish
additional data about the proposed substitute item.
Engineer will be the sole judge of acceptability. No "or
equal" or substitute will be ordered, installed or utilized
until Engincer's review is complete, which will be
evidenced by either a Change Order for a substitute or an
approved Shop Drawing for an "or equal" Engineer will
advise Contractor in writing of any negative
determination.
D. Special Guarantee: Owner may require
Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any
substitute. _ _ ._ _
E. Engineer's Cost Reimbtvsement: Engineer
will record Engineer's costs in evaluating a substitute
proposed or submitted by Contractor pursuant to
Paragraphs 6.OS.A.2 and 6.O5.B Whether or not Engineer
approves a substitute item so proposed or submitted by
Contractor, Contractor shall reimburse Owner for the
charges of Engineer for evaluating each such proposed
substitute. Contractor shall also reimburse Owner for the
charges of Engineer for making changes in the Contract
Documents (or in the provisions of any other direct
contract with Owner) resulting from the acceptance of
each proposed substitute.
F. Contractor's Expense: Contractor shall
provide all data in support of any proposed substitute or
"or-equal" at Contractor's expense.
6.06 Concerning Subcontractors, Suppliers, and
Others
A. Contractor shall not employ any Subcon-
tractor, Supplier, or other individual or entity (including
those acceptable to Owner as indicated in Paragraph
6.06.B), whether initially or as a replacement, against
whom Owner may have reasonable objection. Contractor
shall not be required to employ any Subcontractor,
Supplier, or other individual or entity to furnish or
perform say of the Work against whom Contractor has
reasonable objection.
B. If the Supplementary Conditions require the
identity of certain Subcontractors, Suppliers, or other
individuals or entities to be submitted to Owner in
advance for acceptance by Owner by a specified date
prior to the Effective Date of the Agreement, and if
Contractor has submitted a list thereof in accordance with
the Supplementary Conditions, Owner's acceptance
(either in writing or by failing to make written objection
thereto by the date indicated for acxeptance or objection
is the Bidding Documents or the Contract Documents) of
any such Subcontractor; Supplier, or other individual or
entity so identified may be revoked on the basis of reason
able objection after due investigation. Contractor shall
submit an acceptable replacement for the rejected
Subcontractor, Supplier, ar other individual or entity, .and
the Contract Price will be adjusted by the difference in the
cost occasioned by such replacement; and an appropriate
Change Order will be issued . No acceptance by Owner of
any such Subcontractor, Supplier, or other individual or
entity, whether initially or as a replacement, shall consti-
tute awaiver of any right of Owner or Engincer to reject
defective Work
C. Contractor shall be fully responsible to Owner
-and Engineer for all acts and omissions of the
Subcontractors, Suppliers, and other individuals . or
entities performing or furnishing any of the Work just as
Contractor is responsible for Contractor's own acts and
omissions. Nothing in the Contract Documents:
1. shall create for the benefit of any such
Subcontractor, Supplier, or other individual or entity any
contractual relationship between Owner or Engineer and
any such Subcontractor, Supplier or other individual or
entity, nor
2. shall anything in the Contract Documents
create any obligation oa the part of Owner or
Engineer to pay or to see to the payment of any moneys
due any such Subcontractor, Supplier, or other individual
EJCDC C-700 Standard General Conditions of the Constructtoa Contras.
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00700 - 20
or entity except as may otherwise be' required by Laws
and Regulations.
D. Contractor shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers, and other individuals or entities performing or
furnishing any of the Work under a direct or indirect
contract with Contractor.
E. Contractor shall require all Subcontractors,
Suppliers, and such other individuals or entities per-
forming or fuunishing any of the Work to communicate
with Engineer through Contractor.
F. The divisions and sections of the Specifica-
tions and the identifications of any Drawings shall not
control Contractor in dividing the Work among Subcon
:.tractors or Suppliers or delineating the Work to be
performed by any specific trade.
G. All Work performed for Contractor by a
Subcontractor or Supplier will be pursuant to an appro-
priate agreement between Contractor sad the
Subcontractor or Supplier which specifically binds the
Subcontractor or Supplier to the applicable terms and
conditions of the Contract Documents for the benefit of
.Owner and Engineer. Whenever any such agreement is
with a Subcontractor or ~ Supplier who is listed as an
.additional insured on the property insurance provided in
Paragraph 5.06, the agreement between rho Contractor
and the Subcontractor or Supplier will'.contain provisions
whereby the Subcontractor or Supplier waives' all rights
. against Owner, Contractor, and Engineer„ and all other
. individuals or entities identified ia~ the Supplementary
Conditions to be listed as insureds or additional insureds
(and the officers, directors; Partners. employees, agents,
consultants and subcontractors of each and any of them)
:.for all losses and damages caused by, arising out of,
relating to, or resulting fiom any of the perils or causes of
loss covered by such policies and any other ProP~Y
inanrn*+ne applicable to the. Work. If the insurers on any
such policies require separate waiver forms to be signed
by any Subcontractor or Supplier, Contractor will obtain
the same.
6.07 Patent Fees and Royalties
A. Contractor shall pay all license fees and
royalties and assume all costs incident to the use is the
performance of the Work or the incorporation in the Work
of any invention, design, process, product, or device
which is the subject of patent rights or copyrights held by
others. If a particular invention, design, process, product,
or device is specified in the Contract Documents for use
in the performance of the Work and if to tbe actual
knowledge of Owner or Engineer its use is subject to
patent rights or copyrights calling for the payment of any
license fee or royalty to others, the existence of such
rights shall be disclosed by Owner in the Contract
Documents.
B. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
Partners, employees, agents, consultants and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to any infringement of patent rights or
copyrights incident to the use is the performance of the
Work or resulting finm the incorporation in the Work of
any invention, design, process, product, or device not
specified in the Contract Documents.
6.08 Permits.
A. Unless otherwise provided in the Supple-
mentary Conditions, Contractor shall obtain and pay for
all construction permits and licenses. Owner shall assist
Contractor, when necessary, in obtaining such permits
and licenses. Contractor shall pay all governmental
charges and inspection fees necessary for the prosecution
of the Work which are applicable at the time of opening
of Bids, or, if there are no Bids; on the Effective Date of
the Agreement. Owner shall pay all charges of utility
owners for connections for providing permanent service
to the Work
6.09 Laws and Regulations
A. Contractor. shall give all notices required by
and shall comply with all Laws~and Regulations applica-
ble to the performance of the Work. Except where
otherwise expressly required by applicable Laws and
Regulations, neither. Owner nor Engineer shall 'be
responsible for monitoring Contractor's compliance with
any Laws or Regulations.
B. If Contractor performs any Work knowing or
having reason to know that it is contrary to Laws or
Regulations, Contractor shall bear all claims, costs,
losses, and damages (including but not limited to all fees
and charges of engineers, architects, attorneys, and other
professionals sad all court or arbitration or other dispute
resohrtion costs) arising out of or relating to such Work
However, it shall not be Contractor's primary
responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations,
but this shall not relieve Contractor of Contractor's
obligations under Paragraph 3.03.
C. Changes in Laws or Regulations not known at
the tune of opening of Bids (or, on the Effective Date of
the Agreement if there were no Bids) having an effect on
the cost or time of.performance of the Work shall be the
subject of an adjustment in Contract Price or Contract
Times. If Owner and Contractor are unable to agree on
entitlement to or on the amount or extent, if any, of any
such adjustment, a Claim may be made therefor as
provided in Paragraph 10.05.
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6.10 Taxes
A. Contractor shall pay all sales, consumer, use,
and other similar taxes required to be paid by Contractor
in accordance with the Laws and Regulations of the place
of the Project which are applicable during .the
performance of the Work.
6.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas
1. Contractor shall confine construction equip-
ment, the storage of materials and equipment, aad the
operations of workers to the Site and other areas
permitted by Laws and Regulations, and shall not
unreasonably encumber the 'Site and other areas with
construction equipment or other materials or equipment.
Contractor shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work
2. Should any claim be made by any such owner
or occupant because of the performance of the. Work,
Contractor shall promptly. settle with such other party by .
negotiation or otherwise resolve the claim by arbitration
or other dispute resolution proceeding or at law.
3. To the. fiillest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, - consultants and
subcontractors of each and any of them from aad against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to any claim or action, legal or equitable,
brought by any such owner or occupant against Owner,
Engineer, or any other party indemnified hereunder to the
extent caused by or based upon Contractor's performance
of the Work.
B. Removal of Debris During Performance of the
Work.• During the progress of the Work Contractor shall
keep the Site and other areas free from accumulations of
waste materials, rubbish, and other debris. Removal _ and
disposal of such waste materials, rubbish, and other debris
shall conform to applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion of
the Work Contractor shall cleats the Site and the Work
and make it ready for utilization by Owner. At the com-
pletion of the Work Contractor shall remove from the Site
all tools, appliances, construction equipment and
machinery, and surplus materials and shall restore to
original condition all property not designated for
alteration by the Contract Documents.
D. Loading Structures: Contractor shall ~t load
nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall
Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
6.12 Record Documents
A. Contractor shall maintain in a safe place at the
Site one record copy of all Drawings, Specifications,
Addenda, Change Orders, Work Change Directives, Field
Orders, and written interpretations and clarifications in
good order and annotated to show changes made during
construction. These record documents together with all
approved Samples and a counterpart of all approved Shop
Drawings will be available to Engineer for reference.
Upon completion of the Work, these record documents,
Samples, and Shop Drawings will be delivered to Engi-
neer for Owner.
6.13 Safety and Protection
A. Contractor shall be solely responsible for
initiating, maintaining and supervising all safety precau-
tions and programs is connection with the Work
Contractor shall take all necessary precautions for .the
safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who maybe affected
by the Work;
2. all the Work and materials and equipment to
be incorporated therein, whether in storage on or off the
Site; and
3. other property at the Site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities, and Underground Facilities
not designated for removal, relocation, or replacement in
the course of construction.
B. Contractor shall comply with all applicable.
Laws and Regulations relating to the safety of persons or
property, or to the.protection of persons or property from
damage, injury, or loss; and shall-erect sad maintain all
necessary safeguards for such safety and protection.
Contractor shall notify owners of adjacxnt property and of
Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal,
relocation, and replacement of their property.
C. All damage, injury', or loss to any property
referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused,
directly or indirectly, in whole or in part, by Contractor,
any Subcontractor, Supplier, or any other individual or
entity directly or indirectly employed by any of them to
perform any of the Work, or anyone for whose acts any of
them may be liable, shall be remedied by Contractor
.(except damage or loss attributable to the fault of Draw-
E.-CDC C-700 Standard G~eral Conditions of the Construction ContraM.
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ings or Specifications or to the acts :or omissions of
Owner or Engin~r or , or anyone employed by any of
theno, or' anyone for whose acts any of them may be
liable, and not attributable, directly or indirectly, is whole
or in part, to the fault or negligence of Contractor or any
Subcontractor, Supplier, or other individual or entity
directly or indirectly employed by any of them).
D. Contractor's duties and responsibilities for
safety and for protection of the Work shall continue until
such time as all the Work is completed and Engineer has
issued a notice to Owner and Contractor in accordance
with Paragraph 14.07.B that the Work is acceptable
(except as otherwise expressly provided in connection
with Substantial Completion).
6.14 Sajety Representative
A Contractor shall designate a qualified and
experienced safety representative at the Site whose duties
and responsibilities shall be the prevention of accidents
and the maintaining and supervising of safety precautions
and programs.
6.15 Hazard Communication Programs
• A Contractor shall be responsible for coordi-
hating 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 is accordance with Lawa or
Regulations.
~• 6.16 Emergencies
A hs emergencies affecting the safety or prote~
Lion of persons or the Work or property at the Site or
adjacent thereto, Contractor is obligated to act to prevent
threatened damage, injury, or loss. Contractor shall give
Engineer prompt written notice if Comractor believes that
any significant changes in the Work or variations from the
Contract Documents have been caused thereby or are
required as a result theceo£ If Engineer determines that a
change in the Contract Documents is required because of
the action taken by Contractor in response to such an
emergency, a Work Change Directive or Change Order
will be issued.
6.17 Shop Drawings and Samples
A Contractor shall submit Shop Drawings and
Samples to Engineer for review and appmvai in accor-
dance with the acceptable Schedule of Submittals (as
required by Paragraph 2.07). Each submittal will be
identified as Engineer may require.
1. Shop Drawings
a. Submit number of copies specified in the
General Requirements.
b. Data shown on the Shop Drawings will be
complete with respect to quantities, dimensions,
specified performance and design criteria,
materials, and similar data to show Engineer the
services, materials, and equipment Contractor
proposes to provide and to enable Engineer to
review the information for the limited purposes
required by Paragraph 6.17.D.
2. Samples: Contractor shall also submit
Samples to Engineer for review and approval in accor-
dance with the acceptable schedule of Shop Drawings and
Sample submittals.
a. Submit number of Samples specified in the
Specifications.
b. Clearly identify each Sample as to material,
Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as
Engineer may require to enable Engineer to
review the submittal for the limited purposes
required by Paragraph 6.17.D.
B. Where a Shop Drawing or Sample is required
by the Contract Documents or the Schedule of SubmittaL4
any related Work performed prior to Engineer's review
and approval of the pertinent submittal will be at the sole
expense and responsibility of Contractor.
C. Submittal Procedures
1. Before submitting each Shop Drawing or
Sample, Contractor shall have determined and verified:
a. all field measurements, quantities, dimensions,
specified performance and ~ design, Criteria,
installation requirements, materials, catalog
numbers, and similar .information with respect
thereto;
b. the suitability of all materials with respect to
intended use, fabrication, shipping, handling,
storage, assembly, and installation pertaining to
the performance of the Work;
c. all information relative to Contractor's
responsibilities for means, methods, techniques,
sequences, and procedures of construction, and
safety precaations and programs incident thereto;
and
d. shall also have reviewed and coordinated each
Shop Drawing or Sample with other Shop
Drawings and Samples and with the
requirements of the Work and the Contract
Documents.
2. Each submittal shall bear a stamp or specific
written certification that Contractor has satisfied
Contractor's obligations under the Contract Documents
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with respect to Contractor's review and approval of that
submittal
3. With each submittal, Contractor shall give
Engineer specific written notice of any variations, that the
Shop Drawing or Sample may have from the requirements
of the Contract Documents, This notice shall be both a
written communication separate from the Shop Drawing's
or Sample Submittal; and, in addition, by a specific
notation made on each Shop Drawing or Sample submit
ted to Engineer for review and approval of each such
variation.
D. Engineer's Review
1. Engineer will provide timely review of Shop
Drawings and Samples in accordance with the Schedule
of Submittals acceptable to Engineer. Engineer's review
and approval will be only to determine if the items
covered by the submittals w171, after installation or
incorporation in the Work, conform to the information
given in the Contract Documents and be compatible with
the design concept of the completed: Project as a
functioning whole as indicated by the Contract Docu-
meats.
2. Engineer's review, and approval will not
extend to .means, methods, techniques, sequences, or
procedures of construction (except where a particular
means, method, technique, sequence, or procedure of con-
struction is specifically and ,expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions.
.. 3. Engineer's review and approval shall not
relieve Contractor from responsibility for any variation
from the requirements of the Contract Documents unless
Contractor Las complied with the requirements of
Paragraph 6.17.C.3 and Engineer Las given written
approval of each such variation by specific written
notation thereof incorporated is or accompanying the
Shop Drawing or Sample.. Engineer's review and approval
shall not relieve Contractor from responsibility for
complying with the requirements of Paragraph 6.17.C.1.
E. Resubrnittal Procedures
1. Contractor shall make corrections required by
Engineer and shall return the required number of cor-
rected copies of Shop Drawings and submit, as required,
new Samples for review sad approval. Contractor shall
direct specific attention in writing to revisions other than
the corrections called for by Engineer on previous
submittals.
6.18 Continuing the Work
A. Contractor shall carryon the Work and adhere
to the Progress Schedule during all disputes or
disagreements with Owner. No Work shall be delayed or
postponed pending resolution of any disputes or
disagreements, except as permitted by Paragraph 15.04 or
as Owner and Contractor may otherwise agree in writing.
6.19 Contractor s General Warranty and Guarantee
A. Contractor warrants and guarantees to Owner
that all Work will be in accordance with the Contract
Documents and will not be defective. Engineer and its
Related Entities shall be entitled to rely oa representation
of Contractor's warranty and guarantee.
B. Contractor's warranty and guarantee
hereunder excludes defects or damage caused by.
1. abuse, modification, or improper maintenance
or operation by persons other than Contractor, Sub-
contractors, Suppliers, or any other individual or entity for
whom Contractor is responsible; or
2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will
constitute an acceptance of Work that is not is accordance
with the Contract Documents or a release of Contractor's
obligation to perform the Work in accordance with the
Comract Documents: .
1. observations by Engineer;
2. recommendation by Engincer or payment by
Owner of any progress or final payment;
3. the issuance of a certificate of Substantial
Completion by Engiueer or any payment related thereto
by Owner;
4. use or occupancy of the Work or any part
thereof by Owner,
5. any review and approval of a Shop Drawing or
Sample submittal or the issuance of a notice of accxptabil-
ity by Engineer;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by Owner.
6.20 Indemnification
A. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
Larmless Owner and Engineer, and the officers, directors,
Partners, employees, agents, consultants and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other vrofessionals and all court or
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00700 - 24
arbitration or other dispute resolution costs) arising out of
or relating to tbe performance of the Work, provided that
any such claim, cost, loss, or damage is attributable to
bodily injury, sickness, disease, or death, or to injury to or
destruction of tangible property (other than the Work
itself), including the loss of use resulting therefrom but
only to the extent caused by any negligent act or omission
of Contractor; any Subcontractor, any Supplier, or any
individual or entity directly or indirectly employed by any
of them to perform any of the Work or anyone for whose
acts any of them maybe liable .
B. In any and all claims against Owner or
Engineer or any of their respective consultants, agents,
officers, directors, partners, or employees by any employ-
ee (or the survivor or personal representative of such
employee) of Contractor, any Subcontractor, any
Supplier, or any individual or entity directly or indirectly
employed by any of them to perform any of the Work, or
anyone for whose acts any of them may be liable, the
indemnification obligation under Paragraph 6.20.A shall
not be limited in any way by any limitation on the amount
or type of damages, compensation, or benefits payable by
or for Conttactor or any such Subcontractor, Supplier, or
other individual or entity under workers' compensation
acts, disability benefit acts, or other employee benefit
acts. ~ ~ .
C. The indemnification obligations of Contractor
under Paragraph 6.20.A shall not extend to the liability of
Engineer and Engineer's officers, directors, Partners,
employees, agents, consultants and subcontractors arising
out of:
1. the preparation or approval of, or the failure to
:prepare or approve, maps, Drawings, opinions, reports,
surveys, Change Orders, designs, orSpecifications; or
2. giving directions or instructions, or failing to
give them, if that is the primary cause of the injury or
damage.
6.21 Delegation of Professional Design Services
A. Contractor will not be required to provide
professional design services unless such services are
specifically required by the Contract Documents for a
portion of the Work or unless such services are required
to carry out Contractor's responsibilities for construction
means; methods, techniques, sequences and procedures.
Contractor shall not be required to pmvide professional
services in violation of applicable law.
B. If professional design services or
certifications. by a design professional related to systems,
materials or equipment are specifically required of
Contractor by the Contract Documents, Owner and
Engineer will specify all performance and design criteria
that such services must satisfy. Contractor shall cause
such services or certifications to be provided by a
properly licensed professional, whose signature and seal
shall appear on all drawings, calculations, specifications,
certifications, Shop Drawings and other submittals
prepared by such professional. Shop Drawings and other
submittals related to the Work designed or certified by
such professional, if prepared by others, shall bear such
professional's written approval when submitted to
Engineer.
C. Owner and Engineer shall be entitled to rely
upon the adequacy, accuracy and completeness of the
services, certifications or approvals performed by such
design professionals, provided Owner and Engineer have
specified to Contractor all performance and design criteria
that such services must satisfy.
D. Pursuant to this Paragraph 6.21, Engineer's
review and approval of design calculations and design
drawings will be only for the limited purpose of checking
for' conformance with performance and design criteria
given and the design concept expressed in the Contract
Documents: Engineer's review and approval of Shop
Drawings and other submittals (except design calculations
and design drawings) will be only for the purpose stated
in Paragraph 6.17.D.1.
E. Contractor shall not be responsible for the
adequacy of the performance or design criteria required
by the Contract Documents.
ARTICLB 7 -OTHER WORK AT THE SITE
7.01 Related Work at Site
A. Owner may perform other work related to the
Project at the Site with Owner's employees, or via other
direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Con-
tract Documents, then:
1. written notice thereof will be given to
Contractor prior to starting any such other work; and
2. if Owner and Contractor are unable to agree
on entitlement to or on tbe amount or extent, if any, of
any adjustment in the Contract Price or Contract Times
that should be allowed as a result of such other work, a
Claim maybe made therefor as provided in Paragraph
10.05.
B. Contractor shall afford each other contractor
who is a party to such a direct contract, each utility owner
and Owner, if Owner is performing other work with
Owner's employees, proper and safe access to the Site, a
reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such other
work, and shall properly coordinate the Work with theirs.
Contractor shall do all cutting, fitting, and patching of tbe
Work that may be required to properly connect or
otherwise make its several parts come together and
EJC1K C-700 Standard General Conditions of the Constractton Contract.
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00700 - 25
properly integrate with such other work. Contractor 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 Engineer and the
others whose work wt71 be affected. The duties and
responsibilities of Contractor under this Pazagraph are for
the benefit of sack utility owners and other contractors to
the extent that there are comparable provisions for the
benefit of Contractor in said direct contracts between
Owner and such utility owners and other contractors.
C. If the proper execution or results of any part
of Contractor's Work depends upon work performed. by
others under this Article ?, Contractor shall inspect such
other work and promptly report to Engineer in writing any
delays, defects, or deficiarcies in such other work that
render it unavailable or unsuitable for the proper
execution and results of Contractor's Work Contractor's
failure to so report will constitute an acceptance of such
other work as fit and proper for integration with
Contractor's Work except for latent .defects and
deficiencies in such other work
7.02 Coordination
A If Owner intends to contract with others for
tbe performance of other work on the Project at the Site,
the following will be set forth is Supplementary Condi-
tions:
1. the individual or entity who will have
authority and responsibility for coordination of the
activities among the various contractors will be idartified;
2. the specific matters to be covered by such
authority and responsibility will be itemized; and
3. the extent of such authority and responsibili-
ties will be provided.
B. Unless otherwise provided in the
Supplementary Conditions, Owner shall have sole
authority and responsibility for such coordination.
.7:03 Legal Relationships
A. Paragraphs 7.O1.A and 7.02 are not applicable
for utilities not under the control of Owner.
B. Each other duect contract of Owner under
Paragraph 7.O1.A shall provide that the other contractor is
liable to Owner and Contractor for the reasonable direct
delay and disruption costs incurred by Contractor as a
result of the other.wntractor's actions or inactions.
C. Contractor shall be liable to Owner and any
other contractor for the reasonable direct delay and
disruption cosffi incurred by such other contractor as a
result of Contractor's action or inactions.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these General
Conditions, Owner shall issue all communications to
Contractor through Engineer.
8.02 Replacement of Engineer
A. In case of termination of the employment of
Engineer, Owner shall appoint an engineer to whom
Contractor makes no reasonable objection, whose status
under the Contract Documents shall be that of the former
Engineer.
8.03 Furnish Data
A. Owner shall promptly famish the data
required of Owner under the Contract Documents.
8.04 Pay When Due
A. Owner shall make paymarffi to Contractor
whar they are due as provided in Paragraphs 14.02.C and
14.07.C.
8.05 Lands and Easements; Reports and Tests
. A. Owner's duties in respect of providing lands
and easements and providing engineering surveys to
establish reference points are set forth in Paragraphs 4.01
and 4.05. Paragraph 4.02 refers to Owner's idartifying
and making available to Contractor copies of reports of
explorations and tests of subsurface conditions and
drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the
Site that have been utilized by Engineer in preparing the
Contract Documents.
8.06 Insurance
A. Owner's responsibilities, if any, in respect to
purchasing and maintaining liability and property insur-
anceare set forth in Article 5:
8.07 Change Orders
A. Owner is obligated to execute Changc Orders
as indicated is Paragraph 10.03.
8.08 Inspections, Tests, and Approvals
A. Owner's responsibility in respect to certain
inspections, tests, and approvals is set forth in Paragraph
13.03.B.
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8.09 Limitations on Owner's Responsibilities
A. The Owner shall not supervise, direct, or have
control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or
procedures of construction, or the safety precautions and
programs incident thereto, or for any failure of Contractor
to comply with Laws and Regulations applicable to the
performance of the Work Owner will not be responsible
for Contractor's failure to perform the Work in
accordance with the Contract Documents.
8:10 Undisclosed Hazardous Environmental
Condition
A. Owner's responsibility in respect to an undis-
closed Hazardous Environmental Condition is set forth in
Paragraph 4.06.
8.11 Evidence ofFinanetal Arrangements
A. If and to the extent Owner has agreed to
furnish Contractor reasonable evidence that financial
arrangements have been made to satisfy Owner's
obligations under the Conhact Documents, Owner's
responsibility in respect thereof will be as set forth in the
Supplemartary Conditions.
ARTICLB 9 ~ - ENGINEER'S STATUS DURING
CONSTRUCTION
9.01 Owner's Representative
A. Engineer will be Owner's represartative
during the constnrction.period. The duties and responsi-
bilities and the limitations of authority of Engineer as
Owner's representative during construction are set forth
in the Contract Documents and will not be changed
without written consent of Owner and Engineer.
9.02 Yisits to Site
A. Engineer will make visits to the Site at inter-
vals appropriate to the various stages of construction as
Fa~gineer deems necessary in order to observe as an
experienced and qualified design professional .the
progress that has been made and the quality of the various
aspects of Contractor's executed Work Based on
information obtained during such visits and observations,
Engineer, for the benefit of Owner, will determine, in
gareral, if the Work is proceeding in accordance with the
Contract Documents. Engineer will not be required to
make exhaustive or continuous inspections on the Site to
check the quality or quantity of the Work. Engineer's
efforts will be directed toward providing for Owner a
greater degree of confidence that the completed Work will
conform generally to the Contract Documents. On the
basis of such visits and observations, Engineer will keep
Owner informed of the progress of the Work and will
endeavor to guard Owner against defective Work.
B. Engineer's visits and observations are subject
to all the limitations on Engineer's authority and
responsibility set forth in Paragraph 9.09. Particularly, but
without limitation, during or as a result of Engineer's
visits or observations of~Contractor's Work Engineer will
not supervise, direct, control, or have authority over or be
responsible for Contractor's means, methods, techniques,
sequences, or procedures of construction, or the safety.
precautions and programs incident thereto, or for any
failure of Contractor to comply with Laws and
Regulations applicable to the performance of the Work
9.03 Project Representative
A If Owner and Engineer agree, Engineer will
furnish a Resident Project R~rrsentative to assist
Engineer in providing more extensive observation of the
Work The authority and responsibilities of any such
Residart Project Representative and assistants will be as
provided is the Supplementary Conditions, and
limitations on the responsibilities thereof wr71 be as
provided in Paragraph 9.09. If Owner designates another
representative or agent to represent Owner at the Site who
is not Bngiaeer's consultant, agent ~or employee, the
responsibilities and authority and limitations thereon of
such other individual or entity will be as provided in the
Supplementary Conditions.
9.04 Authorized Yariattons in Work
A. Engineer may authorize minor variations in
the Work from the requirements of the Contract
Documents which do not involve an adjustment is the
Contract Price or the Contract Times and are compattble
with the design concept of the completed Project as a
functioning whole as indicated by the Contract Docu-
ment's. These may be accomplished by a Field Order and
will be binding on Owner 'and also on Contractor, who
shall perform the Work involved promptly. If Owner or
Contractor believes that a Field Order justifies an
adjustment i>i the Contract Price or Contract Times, or
both, and the parties are unable to agree on entitlement to
or on the amount or extent, if any, of any such adjustment
a Claim may be made therefor as provided is Paragraph
10.05.
9.05 Rejecting Defective Work
A, Engineer will have authority to reject Work
which Engineer believes to be defective, or that Engineer
believes will sot produce a completed Project that
conforms to the Contract Documents or that will prejudice
the integrity of the design concept of the completed
Project as a functioning whole as indicated by the
Contract Documents. Engineer will also have authority to
require special inspection or besting of the Work as
provided in Paragraph 13.04, whether or not the Work is
fabricated, installed, or completed.
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9.06 Shop Drawings, Change Orders and Payments
A. In connection with Engineer's authority, and
limitations thereof, as to Shop Drawings and Samples, see
Paragraph 6.17.
B. In connection with Engineer's authority, and
limitations thereof, as to design calculations and design
drawings submitted in response to a delegation of
professional design services, if any, see Paragraph 6.21.
C. In connection with Engineer's authority as to
Change Orders, see Articles 10, 11, and 12.
D. In connection with Engineer's authority as to
Applications for Payment, see Article 14.
9.07 Determinations for Unit Price Work
A. Engineer will determine tbe actual quantities
and classifications of Unit Price Work performed by
Conh~actor. Engineer will review with Contractor the
Engineer's preliminary determinations on such matters
before rendering a written decision thereon (by
recommendation of an Application for Payment or
otherwise). Engineer's written decision thereon will be
final and binding (except as modified by Engineer to
reflect changed factual conditions or more accurate data)
upon Owner and Contractor, subject to the provisions of
Paragraph 10.05.
9.08 Decisions on Requirements of Contract
Documents and Acceptability of Work
A. Engineer will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. All matters in
question and other matters between Owner and Contractor
arising prior to the date final payment is due relating to
the acceptability of the Work, and the interpretation of the
requirements of the Contract Documents pertaining to the
performance of the Work, will be referred initially to
Engineer in writing within 30 days of the event giving rise
to the question
B. Engineer will, with reasonable promptness,
render a written decision on the issue refemd. If Owner
or Contractor believe that any such decision entitles them
to an adjustment in the Contract Price or Contract Times
or both, a Claim may be made under Paragraph 10.05.
The date of Engineer's decision shall be the date of the
event giving rise to the issues referenced for the purposes
of Paragraph 10.O5.B.
partiality to Owner or Contractor and will not be liable in
connection with any interpretation or decision rendered in
good faith in such capacity.
9.09 Limitations on Engineer's Authority and
Responsibilities
A. Neither Engineer's authority or responsibility
under this Article 9 or under any other provision of the
Contract Documents nor any decision made by Bngineer
in good faith either to exercise or not exercise such
authority or responsibility or the undertaking, exercise, or
performance of any authority or responsibility by
Engineer shall create, impose, or give rise to any duty in
contract, tort, or otherwise owed by Engineer to
Contractor, any Subcontractor, any Supplier, any other
individual or entity, or to any surety for or employee or
agent of any of them.
B. Engineer will not supervise, direct, control, or
have authority over or be responsible for Contractor's
means, methods, techniques, sequences, or procedures of
construction,. or the safety precautions and programs
incident thereto, or for any failure of Contractor to
comply with Laws and Regulations applicable to the
performance of the Work. Engineer will not be respon-
sible for Contractor's failure to perform the Work in
accordance with the Contract Documents.
C. Engineer will not be responsible for the acts
or omissions of Contractor or of any Subcontractor; any
Supplier, or of any other individual or entity performing
any of tbe Work.
D. Engineer's review of the final Application for
Payment and accompanying documentation and all
maintenance and operating instructions, . schedules,
guarantees, bonds, certificates of inspection, tests and
approvals, and other documentation required to be
delivered by Paragraph 14.07.A will only be to determine
generally that their content complies with the require-
ments o>y and in the case of certificates of inspections,
tests, and approvals that the results certified indicate
compliance with the Contract Documents.
E. The limitations upon authority and responsi-
bility set forth in this Paragraph 9.09 shall also apply to,
the Resident Project Representative, if any, and assistants,
if any.
ARTICLE 10 -CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
C. Engineer's written decision on the issue
referred will be final and binding on Owner and A. Without invalidating the Contract and without
Contractor, subject to the provisions of Paragraph 10.05. notice W any surety, Owner may, at any time or from time
to time, order additions, deletions, or revisions in the
D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive.
under this Paragraph 9.08, Engineer. will not show Upon receipt of any such document, Contractor shall
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promptly proceed with the Work involved which will be
performed under the applicable conditions of the Contract
Documents (except as otherwise specifically provided).
B. If Owner and Contractor are unable to agree
on entitlematt to, or on the amount or extent, if any, of an
adjustment in the Contract Price or Contract Times, or
both, that should be allowed as a result of a Work Change
Directive, a Claim may be made therefor as provided is
Paragraph 10.05.
10.02 Unauthorized Changes in the Work
A.Contractor shall not be entitled to an increase
in the Contract Ptice or an extension of the Contract
Times with respect to any work performed that is not
required by the Contract Documents as amended,
modified, or supplemented as provided in Paragraph 3.04,
except in the case of an emergency as provided in
Paragraph 6.16 or in the case of uncovering Work as
provided in Paragraph 13.04.B.
10.03 Execution of Change Orders
A. Owner and Contractor shall execute appropri-
ate Change Orders recommended by Engineer covering:
1. changes in the Work which are: (i) ordered by
Owner pursuant to Paragraph 10.O1.A, (ii) required
because of acceptance of defective Work under Paragraph
13.08.A or Owner's correction of defective Work under
Paragraph 13.09, or (iii agreed to by the parties;
2. changes is the Contract Price or Contract
Times which are agreed to by the parties, including any
undisputed sum or amount of time for Work actually
performed in accordance with a Work Change Directive;
and
3. changes is tbe Contract Price or Contract
Times which embody die substance of any written
decision rendered by Engineer pursuant to Paragraph
10.05; provided that, in lieu of executing any such
Change Artier, an appeal may be taken from any such
decision in accordance with the provisions of the Contract
Documents and applicable Laws and Regulations, but
during any such appeal, Contractor shall carry on the
Work and adhere to the Progress Schedule as provided in
Paragraph 6.18.A.
10.04 Notification to Surety
A. If notice of any change affecting the general
scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract Price
or Contract Times) is required by the provisions of any
bond to be given to a surety, the giving of any such notice
will be Contractor's responsibihty. The amount of each
applicable bond will be adjusted to reflect the effect of
any such change.
10.05 Claims
A. Engineer's Decision Required: All Claims,
except those waived pursuant to Paragraph 14.09, shall be
referred to the Engineer for decision A decision by
Engineer shall be required as a condition precedent to any
exercise by Owner or Contractor of any rights or remedies
either may otherwise have under the Contract Documents
or by Laws and Regulations in respect of such Claims.
B. Notice: Written notice stating the general
nature of each Claim, shall be delivered by the claimant to
Engineer and the other party to the Contract promptly (but
in no event later than 30 days) after the start of the event
giving rise thereto. The responsibility to substantiate a
Claim shall rest with the party making the Claim. Notice
of the amount or extent of the Claim, with supporting data
shall be delivered to the Engineer and the other party to
the Contract within 60 days after the start of such event
(unless Engineex allows additional time for claimant to
submit additional or more accurate data in support of such
Claim). A Claim for an adjustment in Contract Price shall
be prepared in accordance with the provisions of
Paragraph 12.O1.B. A Claim for an adjustment in Conhact
Time shall be prepared is accordance with the provisions
of Paragraph 12.02.B. Each Claim shall be accompanied
by claimant's written statement that the adjustment
claimed is the entire adjustment to which the claimant
believes it is entitled as a result of said event. The
opposing Party shall submit any response to Engineer and
the claimant within 30 days after receipt of the chumant's
last submittal (unless Engineer allows additional time).
C. Engineer's Action: Engineer will review each
Claim and, within 30 days after receipt of the last
submittal of the claimant or the last submittal of the
opposing party, if any, take one of the following actions
in writing:
1. deny the Claim is whole or in part,
2. approve the Claim, or
3. notify the parties that the Engineer is unable to
resolve the Claim if, in the Engineer's sole discretion, it
would be inappropriate for the Engineer to do so. For
purposes of further resolution of the Claim, such notice
shall be deemed a denial.
D. In the event that Engineer does not take action
on a Claim within said 30 days, the Claim shall be
deemed denied.
E. Engineer's written action under Paragraph
10.O5.C or denial pursuant to Paragraphs 10.O5.C.3 or
10.O5.D will be final and binding upon Owner and
Contractor, unless Owner or Contractor invoke the
dispute resolution procedure set forth in Article 16 within
30 days of such action or denial.
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F. No Claim for an adjustment in Contract Price
or Contract Times will be valid if not submitted in
accordance with this Paragraph 10.05.
ARTICLB 11 - COST OP THE WORK;
ALLOWANCES; UNIT PRICE WORK
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work
means the sum of all costs, except those excluded in
Paragraph 11.O1.B, necessarily incurred and paid by
Contractor is the proper performance of the Work When
the value of any Work covered by a Change Order or
when a Claim for an adjustment in Contract Price is
determined on the basis of Cost of the Work, the costs to
be zeimbursed to Contractor will be only those additional
or incremental costs required because of the change in the
Work or because of the event giving rise to the Claim.
Except as otherwise may be agreed to in writing by
Owner, such costs shall be in amounts no higher than
those prevailing in.the locality of the Project, shall include
only the following items, and shall not include any of the
costs itemized in Paragraph 11..O1.B.
1. Payroll costs for employees is the direct
employ of Contractor in the performance of the Work
under schedules of job classifications agreed upon by
Owner and Contractor. Such. employees shall include,
,without limitation, superintendents, foremen, and other
personnel employed full time at the Site. Payroll costs for
.employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work
Payroll costs shall include, but not be .limited to, salaries
,and wages plus the cost of fringe benefits, which shall
include .social security contributions, unemployment,
.excise, and payroll taxes, workers' compensation, health
and retirement benefits, bonuses, sick leave, vacation and
holiday pay applicable thereto. The expenses of
performing Work outside of regular working hours, on
Saturday, Sunday, or legal holidays, shall be included iq
the above to the extent authorized by Owner.
2. Cost of. all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith. All cash
discounts shall accrue to Contractor unless Owner
deposits funds with Contractor with which to make pay-
ments, in which case the cash discounts shall accrue to
Owner. All trade discounts; rebates and refunds and
returns from sale of surplus materials and equipment shall
accrue to Owner, and Contractor shall make provisions so
that they may be obtained.
3. .Payments made by Contractor to
Subcontractors for Work performed by Subcontractors. If
required by Owner, Contractor shall obtain competitive
bids from subcontractors acceptable to Owner and
Contractor and shall deliver such bids to Owner, who will
then determine, with the advice of Engineer, which bids,
if any, will be acceptable. If any subcontract provides that
the Subcontractor is to be paid on the basis of Cost of the
Work plus a fee, the Subcontractor's Cost of the Work
and fee shall be determined in the same manner as
Contractor's Cost of the Work and fee as provided in this
Paragraph 11.01.
4. Costs of special consultants (including but not
limited to Engineers, architects, testing laboratories,
surveyors, attorneys, and accountants) employed for
services specifically related to the Work.
5. Supplemental costs including the following:
a. The proportion of necessary transportation,
travel, and subsistence eacpe-uses of Contractor's
employees incurred in discharge of duties
connected with the Work.
b. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary
facilities at tbe Site, and hand tools not owned by
the workers, which are consumed in the perfor-
mance of the Work, and cost, less market value,
of such items used but not consumed which
remain the properly of Contractor.
c. Rentals of all construction equipment and
machinery, and the parts thereof whether rented
from Contractor or others in accordance with
rental agreements approved by Owner with the
advice . of Engineer, and the costs of
transportation, loading, unloading, assembly,
dismantling, and removal thereof. All such costs
shall be in accordance with the terms of said
rental agreements. The rental of any such equip-
ment, machinery, or parts shall cease when the
use thereof is no longer necessary for the Work
d. Sales, consumer, use, and other similar taxes
related to the Work, and for which Contractor is
liable, imposed by Laws and Regulations.
e. Deposits lost for causes other than negligence
of Contractor, any Subcontractor, or anyone
directly or indirectly employed by any of them or
for whose acts any of them may be liable, and
royalty payments and fees for permits and
licenses.
£ Losses and damages (and related expenses)
caused by damage to the Work, not compensated
by insurance or otherwise, sustained by
Contractor in connection with the. performance
of the Work (except losses and damages within
the deductible amounts of property insurance
established in accordance with Paragraph
5.06.D), provided such losses and damages have
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resulted from causes other than the negligence of
Contractor, any Subcontractor, or anyone
directly or indirectly employed by any of them or
for whose acts any of them may be liable. Such
losses shall include settlements made with the
written consent and approval of Owner. No such
losses, damages, and. expenses shall be included
in the Cost of tbe Work for the purpose of
determining Contractor's fee.
g. The cost of utilities, fuel, and sanitary
facilities at the Site.
h. Minor expenses such as telegrams, long
distance telephone calls, telephone service at the
Site, expresses, and similar petty cash items in
connection with the work
i. The costs of premiums for all bonds and
insurance Contractor is required by the Contract
Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work
shall not include any of the following items:
1. Payroll costs and other compensation of
Contractor's officers, executives, ~ principals (of
partnerships and sole proprietorships), general managers,
safety managers, engineers, architects, estimators, attor-
neys, auditors, accountants, purchasing and contracting
agents, expediters, timekeepers, clerks, and other
personnel employed by Contractor, whether at the Site or
in Contractor's principal or branch office for general
administration of the Work and not specifically included
is the. agreed upon schedule of job classifications referred
to in Paragraph 11:O1.A.1 or specifically covered by
Paragraph 11.O1.A.4, all of which are to be considered
administrative costs covered by the Contractor's fee.
2. Fxpcn.4es of Contractor's principal and branch
offices other than Conhactor's office at the Site.
3. Any part of Contractor's capital expenses,
including interest on Contractor's capital employed .for
the Work and charges against Contractor for delinquent
payments.
4. Costs due to the negligence of Contractor, any
Subcontractor, or anyone directly or indirectly employed
by any of them or for whose acts any of them may be
liable, including but not limited to, the correction of
defective Work, disposal of materials or equipment
wrongly supplied, and malting good any damage to
proP~Y•
be determined as set forth in the Agreement. When the
value of any work covered by a Change Order or when a
Claim for an adjustment in Contract Price is determined
oa the basis of Cost of the work, Contractor's fee shall be
determined as set forth in Paragraph 12.O1.C.
D. Documentation: Whenever the Cost of the
Work for any purpose is to be determined pursuant to
Paragraphs 11.O1.A and 11.O1.B, Contractor will establish
and maintain records thereof in accordance with generally
accepted accounting practices and submit is a form
acceptable to Engineer an itemized cost breakdown
together with supporting data.
11.02 Allowances
A. It is understood that Contractor has included
ia. the Contract Price all allowances so named in the
contract Documents and shall cause the work so covered
to be performed for such sums and by such persons or
entities as maybe acceptable to Owner and Engineer.
B. Cash Allowances
1. Contractor agrees that:
a. the cash allowances include the ~ cost to
Contractor (less any applicable trade discounts)
of materials and equipment required by the
allowances to be delivered at the Site, and all
applicable taxes; and
b. Contractor's costs. for unloading and handling
on the Site, labor, installation ,overhead, profit,
and other expenses contemplated for the cash
allowances have been included is the Contract
Price and not in the allowances, and ~ demand
for additional payment on account of any of the
foregoing will be valid.
C. Contingency Allowance
1. Contractor agrees that a contingency
allowance, if any, is for the sole use of Owner to cover
unanticipated costs.
D. Prior to final payment, an appropriate Change
Order will be issued as recommended by Engineer to
reflect actual amounts due Contractor oa account of Work
covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.03 Unit Price ii'ork
A. Where the Contract Documents provide that
5. Other overhead or general expense costs of all or part of the Work is to be Unit Price Work, initially
any kind and the costs of any item not specifically and the Contract Price will be deemed to include for all Unit
expressly included in Paragraphs 11.O1.A and 11.O1.B. Price Work an amount equal to the sum of the unit price
for each separately identified item of Unit Price Work
C. Contractor's Fee: Whey all the Work is times the estimated quantity of each item as indicated in
performed on the basis of cost-phis, Contractor's fee shall the Agreement.
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B. The estimated quantities of items of Unit
Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial
Contract Price. Determinations of the actual quantities
and classifications of Unit Price Work performed by
Contractor will be made by Engineer subject to the
provisions of Paragraph 9.07.
C. Each unit price will be deemed to include an
amount considered by Contractor to be adequate to cover
Contractor's overhead and profit for each separately
identified item.
D. Owner or Contractor may make a Claim for
an adjustment in the Contract Price in accordance with
Paragraph 10.05 if:
1. the quantity of any item of Unit Price Work
performed by Contractor differs materially and signifi-
cantly from the estimated quantity of such item indicated
in the Agreement; and
2. there is no comsponding adjustment with
respect any other item of Work; and
3. Contractor believes that Contractor is entitled
to an increase in Contract Price as a result of having
incurred additional expense or Owner believes that Owner
is entitled to a decrease in Contract Price and the parties
are unable to agree as to the amount of any such increase
or decrease.
ARTICLE 12 -CHANGE OF CONTRACT PRICE;
CHANGE OF CONTRACT TIMES
12.01 Change of Contract Price
A. The Contract Price may only be changed by a
Change Order. Any Claim for an adjustment in tbe
Contract Price shall be based on written notice submitted
by the party making the Claim to the Engineer and the
other party to the Contract in accordance with the
provisions of Paragraph 10.05.
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 applica-
tion of such unit prices to the quantities of the items
involved (subject to the provisions of Paragraph 11.03);
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 12.01.C.2); or
3. where the Work involved is not covered by
unit prices contained in the Contract Documents and
agreement to a lump sum is not reached under Paragraph
12.O1.B.2, on the basis of the Cost of the Work
(determined as provided in Paragraph 11.01) plus a
Contractor's fee for overhead and profit (determined as
provided in Paragraph 12.O1.C).
C. Contractor's Fee: The Contractor's fee for
overhead and profit 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 11.O1.A.1
and 11.01 A2, the Contractor's fee shall be 15
l~cet;
b. for costs incurred under Paragraph 11.O1.A.3,
the Contractor's fee shall be five percent;
c. where one or more tiers of subcontracts are on
the basis of Cost of the Work phis a fee and no
fixed fee is agreed upon, the intent of Paragraph
12.O1.C.2.a is that the Subcontractor who
actually performs the Work, at whatever tier, will
be paid a-fee of 15 percent of the costs incurred
by such Subcontractor under Paragraphs
11.O1.A.1 and 11.O1.A.2 and that any higher tier
Subcontractor sad Contractor will each be paid a
fee of five percent of the amourrt paid to the next
lower tier Subcontractor,
d. no fee shall be payable on the basis of costs
itemized wader Paragraphs 1.1.O1.A.4, 11.O1.A.5,
and 11.O1.B;
e. -the amount of credit to be allowed by
Contractor to Owner for any change which
results in a net decrease in cost will be the
amount of the actual net decrease in cost plus a
deduction in Contractor's fee by an amount equal
to five percent of such net decrease; and
~ when both additions and credits are involved
in any one change, the adjustment in
Contractor's fee shall be computed on the basis
of the net change in accordance with Paragraphs
12.O1.C.2.a through 12.O1.C.2.e, inclusive.
12.02 Change of Contract Times
A. The Contract Times may only be changed by
a Change Order. Any Claim for an adjustment in the
Contract Times shall be.based on written notice submitted
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by the party making the Claim to the Engineer and the
other party to the Contract in accordance with the
provisions of Paragraph 10.05.
B. Any adjustmart of the Contract Times
covered by a Change Order or any Claim for an
adjustment in the Contract Times will be determined in
accordance with the provisions of this Article 12.
12.03 Delays
A Where Contractor is prevarted from
completing any part of the Work within the Contract
Times due to delay beyond the control of Contractor, the
Contract Times will be extended in an amount equal to
the time lost due to such delay if a Claim is anade therefor
as provided in Paragraph 12.02.A. Delays beyond the
control of Contractor shall include, but not be limited to,
acts or neglect by Owner, acts or neglect of utility owners
or other contractors performing other work as contemph-t
ed by Article 7, fires, floods, epidemics, abnormal
weather conditions, or acts of God.
B. If Owner, Engineer, or other contractors or
utility owners performing other work for Owner as
contemplated by Article 7, or anyone for whom Owner. is
responsible, delays, disrupts, or ~ interferes with the
performance . or progress of the Work, then Contractor
shall be artitled to an equitable adjustment in the Contract
Price or the Contract Times or both. Contractor's
tmtitlemart to an adjustment. of the Contract Times is
conditioned on each adjustment being essential to
Contractor's ability to complete the Work within the
Contract Times.
C If Contractor is delayed in the performance or
progress of the Work by fire, flood, epidemic, abnormal
weather conditions, acts of God, acts or failures to act of
utility owners not under the control of Owner, or other
causes not the fault of and beyond control of Owner and
Contractor, than Contractor shall be entitled to an
equitable adjustment in Contract Times, if such
adjustment is essential to Contractor's ability to complete
the Work within the Contract Times. Such as adjustment
shall be Contractor's sole and exclusive remedy for the
delays descn'bed in this Paragraph 12.03.C.
D. Owner, Engineer and the Related Entities of
each of them shall not be liable to Contractor for any
claims, costa, losses, or damages (including but not
limited to all fees and charges of Engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or
anticipated project.
E. Contractor shall not be entitled to an
adjustment in Contract Price or Contract Times for delays
within the control of Contractor. Delays attributable to
and within the control of a Subcontractor or Supplier shall
be deemed to be delays within the control of Contractor.
ARTICLE 13 - TESTS AND INSPECTIONS;
CORRBCTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which
Owner or Engineer has actual knowledge will be given to
Contractor. All defective Work may be rejected,
corrected, or accepted as provided in this Article 13.
13.02 Access to il'ork
A. Owner, Engineer, their consultants and other
representatives and personnel of Owner, independent
testing laboratories, .and governmental agencies with
jurisdictional interests will have access to the Situ and the
Work at reasonable times for their observation,
inspecting, and testing. Contractor shall provide them
Proper and safe conditions for such access and advise
them of Contractor's Site safety procedures and programs
so that they may comply therewith as applicable:
13.03 Tests and Inspections
A. Contractor shall give Engineer timely notice
of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and
testing persoffiel to facilitate required inspections or testa.
B. Owner shall employ and pay for the services
of an indepeadart testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except:
1. for inspections, tests, or approvals covered by
Paragraphs 13.03.C and 13.03.D below;
2. that costs incurred in connection with testa or
inspections conducted pursuant to Paragraph 13.04.B
shall be paid as provided is said Paragraph 13.04.C; and
3. as otherwise specifically provided in the Con-
tract Documents.
C. If Laws or Regulations of any public body
having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested, or approved by an
employee or other representative of such public body,
Contractor shall assume full responsibility for arranging
and obtaining such inspections, tests, or approvals, pay all
costs in connection therewith, and famish Engineer the
required certificates of inspection orapproval.
D. Contractor shall be responsible for arranging
and obtaining and shall pay all costs in connection with
any inspections, tests, or approvals required for Owner's
and Engineer's acceptance of materials or equipment to
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be incorporated in the Work; or acceptance of materials,
mix designs, or equipment submitted for approval prior to
Contractor's purchase thereof for incorporation in the
Work. Such inspections, tests, or approvals shall be
performed by organizations acceptable to Owner and
Engineer.
E. If any Work (or the work of others) that is to
be inspected, tested, or approved is covered by Contractor
without written concurrence of Engineer, it must, if
requested by Engineer, be uncovered for observation.
F. Uncovering Work as provided in Paragraph
13.03.E shall be at Contractor's expense unless
Contractor has given Engineer timely notice of
Contractor's intention to cover the same and Engineer has
not acted with reasonable promptness in response to such
notice.
13.04 Uncovering Work
A. If any Work is covered contrary to the written
request of Engineer, it must, if requested .by Engineer, be
uncovered for Engineer's observation and replaced at
Contractor's expense.
B. If Engineer considers it necessary or advisable
that covered Work be observed by Engineer or inspected
or tested by others; Contractor, at Engineer's request,
shall uncover, expose, or otherwise make available for
observatioq inspection, or testing as Prigineer may
require, that portion of the Work in questioq fiunishing
all necessary labor, material, and equipment.
C. ff it is found that the uncovered Work is
defective, Contractor shall pay s11 claims; costs, losses,
and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such
uncovering, exposure, observatioq inspectioq and
.testing, and of satisfactory replacement or reconstruction
(including but not limited to all costs of repair or
replacement of work of others); and Owner shall . be
entitled to as appropriate decrease in the Contract Price. If
the parties are unable to agree as to rite amount thereof,
Owner may make a Claim therefor as provided in
Paragraph 10.05.
D. I1; the uncovered Work is not found to be
defective, Contractor shall be allowed an increase in the
Contract Price or an extension of the Contract Times, or
both, directly attributable to such uncovering, exposure,
observatioq inspectioq testing, replacement, and
reconstruction. If the parties are usable to agree as to the
amount or extent thereof, Contractor may make a Claim
therefor as provided in Paragraph 10.05.
13.05 Owner May Stop the Work
A. If the Work is defective, or Contractor fails to
supply sufficient skilled workers or suitable materials or
equipment, or fails to perform the Work in such a way
that the completed Work will conform to the Contract
Documents, Owner may order Contractor to stop the
Work, or any portion thereol; until the cause for such
order has been eliminated; however, this right of Owner
to stop the Work shall not give rise to any duty on the part
of Owner to exercise this right for the benefit of
Contractor, any Subcontractor, any Supplier, any other
individual or entity, or any surety for, or employee or
agent of nay of them.
13.06 Correction or Removal ojDefeetive Work
A. Promptly after receipt of notice, Contractor
shall correct all defective Work, whether or not
fabricated, installed, or completed, or, if the Work has
bc~t rejected by Engineer, remove it from the Project and
replace it with Work that is not defective. Contractor shall
pay all claims, costs, losses, and damages (including but
not limited to all foes and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to such correction or removal (including but
not limited to all costs of repair or replacement of work of
others). .. . .
B. When correcting defective Work under the
terms. of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action that world void or
otherwise impair Owner's special warranty and guarantee,
if any, on said Work.
13.07 Correction Period
A. If within one year after the date of.Subatantial
Completion (or such kmger period of time as may be
prescribed by the .terms of any applicable special
guarantee required by the Contract Documents) or by any
specific provision of the Contract Documents; any Work
is found to be defective, or if the repair of any damages to
the land. or areas made available .for Contractor's use by
Owner or permitted by Laws and Regulations as
contemplated in Paragraph 6.11.A is found to be
defective, Conh~actor shall promptly, without cost to
Owner and in accordance with Owner's written
instructions:
1. repair such defective land or areas; or
2. correct such.defective Work; or
3. if the defective Work has been rejected by
Owner, remove it from the Project and replace it with
Work that is not defective, and
4. satisfactorily correct or repair or remove and
replace any damage to other Work, to the work of others
or other land or areas resulting therefrom.
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B. If Contractor does not promptly comply with
the terms of Owner's written instructions, or in as
emerge~y where delay would cause serious risk of loss
or damage, Owner may have the defective Work
corrected or repaired or may have the rejected Work re-
moved and replaced. All claims, costs, losses, and
damages (including but not limited to all fees and charges
of engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) arising out of or relating to such correction or repair
or such removal and replacement (including but not
limited to all costs of repair or replacement of work of
others) will be paid by Contractor.
C. In special circumstances where a particular
item of equipment is placed in continuous service before
Substantial Completion of all the Work, the correction
period for that item may start to run from an earlier date if
so provided in the Specifications .
D. Where defective Work (and damage to other
Work resulting therefrom) has been corrected or removed
and replaced under this Paragraph 13.07, the correction
period hereunder with respect to such Work will be
extended for an additional period of one year after such
correction or removal and replacement has bear
satisfactorily completed. .
E. Contractor's obligations under this Paragraph
13.07 are in addition to any other obligation or warranty..
The provisions of this Paragraph 13.07 shall not be
construed as a substitute for or a waiver of the provisions
of any applicable statute of limitation or repose.
13.08 Acceptance ojDejective Work
A. Ii; instead of requiring correction or removal
and replacement of defective Work, Owner (and, prior to
'Engineer's recommendation of final paymem, Engineer)
prefers to accept it, Owner may do so. Contractor shall
pay all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers; architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) attributable to
Owner's evaluation of and determination to accept such
defective Work (such costs to be approved by Engineer as
to reasonableness) and the diminished value of the Work
to the extent not otherwise paid by Contractor pursuant to
this sentence. If any each acceptance occurs prior to
Engineer's recommendation of final payment, a Change
Order will be issued incorporating the necessary revisions
in the Contract Documments with respect to the Work, and
Owner shall be entitled to an appropriate decrease in the
Contract Price, reflecting the diminished value of Work
so accepted. If the parties are unable to agree as to the
amount thereof; Owner may make a Claim therefor as
provided in Paragraph 10.05. If the acceptance occurs
after such recommardation, an appropriate amount will be
paid by Contractor to Owner.
13.09 . Owner May Correct Defective Work
A. If Contractor fails within a reasonable time
after written notice from Engineer to correct defective
Work or to remove and replace rejected Work as required
by Engineer in accordance with Paragraph 13.06.A, or if
Contractor fails to perform the Work in accordance with
the Contract Documents, or if Contractor fails to comply
with any other provision of the Contract Documents,
Owner may, after seven days written notice to Contractor,
correct or remedy any such deficiency.
B. In exercising the rights and remedies under
this Paragraph 13.09, Owner shall proceed expeditiously.
In connection with such corrective or remedial action,
Owner may exclude Contractor from all or part of the
Site, take possession of all or part of the Work and
suspend Contractor's services related thereto, take possea-
sioa of Contractor's tools, appliances, construction
equipment and machinery at the Site, and incorporate in
the Work all materials and equipment stored at the Site or
for which Owner has paid Contractorbut which are stored
elsewhere. Contractor shall allow Owner, Owner's
representatives, agents and employees, Owner's other
contractors, and Engineer and Engineer's consultants
access to the Site to enable Owner to exercise the rights
and remedies under this Paragraph. •
C. All chums, costs, losses, and damages
(including 'but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) incurred or sustained by Owner in exercising the
rights and remedies under this Paragraph 13.09 will be
charged. against Contractor, and a Change Order will be
issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and Owner
shall be entitled to an appropriate decrease in the Contract
Price. If the parties are unable to agree as to the amount of
the adjustment, Owner may make a Claim therefor as
provided in Paragraph 10.05. Such claims, costs, losses
and damages will include but not be limited to all costs of
repair, or replacement of work of others destroyed or
damaged by correction, removal, or rephicemart of
Contractor's defective Work.
D. Contractor shall not be allowed an extension
of the Contract Times because of any delay in the
performance of the Work attrtbutable to the exercise by
Owner of Owner's rights and remedies under this
Paragraph 13.09.
ARTICLE 14 -PAYMENTS TO CONTRACTOR AND
COMPLETION
14.01 Schedule of Values
A. The Schedule of Values established as provid-
ed is Paragraph 2.07.A will serve as the basis for progress
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00700 - 35
payments and will be incorporated into a form of Applica-
tion for Payment acceptable to Engineer. Progress
payments on account of Unit Price Work will be based on
the number of units completed.
14.02 Progress Payments
A. Applications for Payments
1. At least 20 days before the date established in
the Agreement for each progress payment (but not more
often than once a month), Contractor shall submit to
Engineer for review an Application for Payment filled out
and signed by Contractor covering the Work completed as
of the date of die Application and accompanied by such
supporting documentation as is required by tbe 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 all Liens
and evidence that .the materials and equipment are
covered by appropriate Property instu~aace or other
arrangem,rnts .to protect Owner's interest therein, all of
which must be satisfactory. to Owner. .
2. Beginning with the second Application for
Payment, each Application shall include an affidavit of
-Contractor stating that all previous Progress Payments
received on account of the Work have been applied on
'account to discharge Contractor's legitimate obligations
associated with prior Applications for Payment.
3. The amount of retainage with respect to
progress payments will be 9s stipulated in the Agreement:
B. Review ofApplications
1..Engineer.will, within 10 days after receipt of
each. Application for Payment, either indicate in writing a
recommendation of payment and present the Application
to Owner or return .the Application to Contractor
indicating in writing Engineer's reasons for refusing to
recommend payment. In the latter case, Contractor may
make the necessary corrections and resubmit the
Application.
2. Engineer's recommendation of any payment
requested in an Application for Payment will constitute a
representation by Engineer to Owner, based on Engineer's
observations on the Site of the executed Work as an
experienced and qualified design professional and on
Engineer's review of the Application for Payment and the
accompanying data and schedules, that to the best of
Engineer's knowledge, information and belief:
a. the Work has progressed to the point indicat-
ed;
b. the quality of the Work is generally in accor-
dance with the Contract Documents (subject to
an evahlation of the Work as a functioning whole
prior to or upon Substantial Completion, to the
results of any subsequent tests called for is the
Contract Documents, to a final determination of
quantities and classifications for Unit Price Work
under Paragraph 9.07, and to any other
qualifications stated in the recommendation); and
c. the conditions precedent to Contractor's being
entitled to such payment appear to have been
fulfilled in so far as it is Engineer's
responsibility to observe the Work.
3. By recommending any such payment Engineer
will not thereby be deemed to have represented that:
a. inspections made to check the quality or the
quantity of the Work as it has been performed
have been exhaustive, extended to every aspect
of tbe Work in progress, or involved detailed
inspections of the Work beyond the responsi-
bilities specifically assigned to Engineer in the
Contract Documents; or
b. that there .may not be other matters or issues
between the parties that might entitle Contractor
to be paid additionally by Owner or entitle
Owner to withhold paymentto Contractor.
4. Neither Engineer's review of Contractor's
Work for the purposes of.recommending payments nor
Engineer's recommendation of any payment, including
final payment, will impose responsibility on Engineer:
a. to supervise, direct, or control the Work; or
b. for the means, methods, techniques,
sequences, or procedures of construction, or the
safety precautions and programs incident thereto,
or
c..for Contractor's failure to comply with Laws
and Regulations applicable to Contractor's
performance of the Work, or
d. to make any examination to ascertain how or
for what purposes Contractor has used the
moneys paid on account of the Contract Price, or
e. to determine that title to any of the Work,
materials, or equipment has passed to Owner free
and clear of any Liens.
5. Engineer may refuse to recommend the whole
or any part of any payment if, in Engineer's opinion, it
would be incorrect to make the representations to Owner
stated in Paragraph 14.02.B.2. Engineer may also refuse
to recommend any such payment or, because of subse-
quently discovered evidence or the results of subsequent
EdCDC C-700 Standard General Conditions of the Constructlon Contract
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inspections or tests, revise or revoke any such payment
recommendation previously made, to such extent as may
be necessary in Engineer's opinion to protect Owner from
loss because:
a. the Work is defective, or completed Work has
been damaged, requiring correction or replace-
ment;
b. the Contract Price has been reduced by
Change Orders;
c. Owner has been required to correct defective
Work or complete Work is accordance with
Paragraph 13.09; or
d. Engineer has actual knowledge of the
occurrence of any of the everts enumerated in
Paragraph 15.02.A.
C. Payment Becomes Due
1. Ten days after presentation of the Application
for Payme~ to Owner with Engineer's recommendation,
the amount recommended will (subject to the provisions
of Paragraph 14.02.D) become due, and when due will be
.paid by Owner to Contractor. ~ .
D. Reduction in Payment
1.Owner may refuse to make payment of the full
amount recommended by Engineer because:
a. claims have been made against Owner on
account of Contractor's performance or fiunish-
ing of the Work;
b. Liens have been filed in connection with the
Work, except where Contractor has delivered a
specific bond satisfactory to Owner to secure the,
satisfaction and discharge of such Liens;
c. there are other items entitling Owner to a
set-off against the amount recommended; or
d. Owner has actual knowledge of the occurrence
of any of the events enumerated is Paragraphs
14.02.B.S.a through 14.02.B.S.c or Paragraph
15.02.A.
2. If Owner refuses to make payment of the full
amount recommended by Engineer, Owner will give
Contractor immediate written notice (with a copy to
Engineer) stating the reasons for such action and promptly
pay Contractor any amount Tema+~±*+g after deduction of
the amount so withheld. Owner shall promptly pay
Contractor the amount so withheld, or any adjustment
thereto agreed to by Owner and Contractor, when
Contractor corrects to Owner's satisfaction the reasons for
such action.
3. If it is subsequently determined that Owner's
refusal of payment was not justified, the amount
wrongfully withheld shall be treated as an amount due as
determined by Paragraph 14.02.C.1.
14.03 Contractor'siYarrantyofTFtle
A. Contractor warrants and guarantees that title
to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the
Project or not, will pass to Owner no later than the time of
payment free and clear of all Liens.
14.04 Substantial Completion
A. When Contractor considers the entire Work
ready for its intended'use Contractor shall notify Owner
and Engineer in writing that the entire Work is
substantially complete (except for items specifically listed
by Contractor as incomplete) and request that Engineer
issue a certificate of Substantial Completion.
B. Promptly after Contractor's notification, ,
Owner, Contractor, and Engineex shall make an
inspection of the Work to determine the status of
completion. )f Engineer does not consider the Work
substantially complete, Engineer will notify Contractor in
writing giving the reasons therefor.
C. If Engineer considers the Work substantially
complete, Engineer will deliver to Owner a tentative
certificate of Substantial Completion which..shall fix the
date of Substantial Completion. There shall be attached to
the certificate~a.tentative list of items.to be completed or
corr~bad before final payment. Owner shall have seven
days after i+eceipt of the tentative certificate during which
to aaalae written objection to Engineer as to any provisions
of the certificate or attached list. If, after considering such
objections, Engineer conchides that the Work is not
substantially complete, Engineer will within 14 days after
submission of the tentative certificate to Owner notify
Contractor in writing, stating the reasons therefor. Ii; after
consideration of Owner's objections,. Engineer considers
the Work substantially complete, Engineer will within
said 14 days execute and deliver to Owner and Contractor
a definitive certificate of Substantial Completion (with a
revised tentative list of items to be completed or correct-
ed) reflecting each changes from the tentative certificate
as Engineer believes justified after consideration of any
objections from Owner.
D. At the time of delivery of the tentative
cetificate of Substantial Completion, Engineer will
deliver to Owner and Contractor a written r+ocommen-
dation as to division of responsibilities pending final
payment between Owner and Contractor with respect to
security, operation, safety, and protection of the Work,
maintenance, heat, utilities, insurance, and warranties and
guarantees. Unless Owner and Coatractor.agree otherwise
in writing and so inform Engineer in writing prior to
Engineer's issuing the definitive certificate of Substantial
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00700 - 37
Completion, Engineer's aforesaid recommendation will
be binding on Owner and Contractor until final payment.
E. Owner shall have the right to exclude
Contractor from the Site after the date of Substantial
Completion subject to allowing Contractor reasonable
access to complete or correct items on the tentative list.
14.05 Partial Utilization
A. Prior to Substantial Completion of all the
Work, Owner may use or occupy any substantially
completed part of the Work which has specifically been
identified in the Contract Documents, :or which Owner,
Engineer, and Contractor agree constitutes. a separately
functioning and usable part of the Work that can be used
by Owner for its intended purpose without significant
interference with Contractor's performance of the
remainder of the Work, subject to the following condi-
tions.
1. Owner at any time may request Contractor in
writing to permit Owner to use or occupy any such part of
the Work which Owner believes to be ready for its
intended use and substantially complete. If and when
Contractor agrees that such part of the Work is
substantially complete, Contractor will certify to Owner
and Engineer that such part of the Work is substantially
complete and request Engineer to issue a certificate of
Substantial Completion for that part of the Work.
2. Contractor at any time may notify Owner and
Engineer in writing that Contractor considers any such
part of the Work ready for its intended use•and aubstan-
tially complete and request Engineer to issue a certificate
of Substantial Completion for that part of the Work.
3. Within a reasonable time after either such
request, Owner, Contractor, and Engineer shall make an
inspection of that part of the Work to determine its status
of completion. If Engineer does not consider that part of
the Work to be substantially complete, Engineer will
notify Owner and Contractor in writing giving the reasons
therefor, If Engineer considers that part of the Work to be
substantially complete, tbe provisions of Paragraph 14.04
will apply with respect to certification of Substantial
Completion of that part of the Work and the division of
responsibility in respect thereof and. access thereto.
4. No use or occupancy or separate operation of
part of the Work may occur prior to compliance with the
requirements of Paragraph 5.10 regarding properly
insurance.
14.06 Finallnspectton
A. Upon written notice from Contractor that the
entire Work or an agreed portion thereof is complete,
Engineer will promptly make a final inspection with
Owner and Contractor and will notify Contractor in
writing of all particulars in which this inspection reveals
that the Work is incomplete or defective. Contractor shall
immediately take such measures as are necessary to
complete such Work or remedy such deficiencies.
14.07 Final Payment
A. Application for Payment
1. After Contractor has, in the opinion of
Engineer, satisfactorily completed all corrections
identified during the final inspection and has delivered, in
accordance with the Contract Documents, all maintenance
and operating instructions, schedules, guarantees, bonds,
certifcates or other evidence of insurance certificates of
inspection, marked-up record documents (as provided in
Paragraph 6.12), and other documents, Contractor may
make application for final payment following the
procedure for progress payments.
2. The final Application for Payment shall be
accompanied (except as previously delivered) by:
a. all documentation called for in the Contract
Documents, including but not limited to the
evidence of +n~*~nce required by paragraph
5.04.B.7;
b. consent of the surety, if any, to final payment;
c. a list of all Claims against Owner that
Contractor believes are unsettled; and
d. complete and legally effective releases or
waivers (satisfactory to Owner) of all L• ien rights
arising out of or Liens filed in •connection with
the Work
3. In lieu of the releases or waivers of Liens
specified in Paragraph 14.07.A.2 and as approved by
Owner, Contractor may furnish receipts or releases in full
and an affidavit of Contractor that: (i) the releases and
receipts include all labor, services, material, and
equipment for which a Lien could be filed; and (n~ all
payrolls, material and equipment bills, and other
indebtedness connected with the Work for which Owner
or Owner's property might in any way be responsible have
been paid or otherwise satisfied. If any Subcontractor or
Supplier fails to furnish such a release or receipt in full,
Contractor may Punish a bond or other collateral
satisfactory to owner to indemnify owner against any
Lien.
B. Engineer's Review of Application and
Acceptance
1. If, on the basis of Engineer's observation of
the Work during construction and final inspection, and
Engineer's review of the, final Application for Payment
and accompanying documentation as required by the
Contract Documents, Engineer is satisfied that the Work
has been completed and Contractor's other obligations
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00700 - 38
under the Comract Documents have been fulfilled,
Engineer will, within ten days after receipt of the final
Application for Payment, indicate in writing Engineer's
recommendation of payment and present the Application
for Payment to Owner for payment. At the same time
Engineer will also give written notice to Owner and
Contractor that the Work is acceptable subject to the
provisions of Paragraph 14.09. Otherwise, Engineer will
return the Application for Payment to Contractor, indicat-
ing in writing the reasons -for refiising to recommend final
.payment, is which case Contractor shall make the
necessary corrections and resubmit the Application for
Payment.
C. Payment Becomes Due
1. Thirty days after the presentation to Owner of
the Application for Payment and accompanying docu-
mentation, the amount recommended by Engineer, less
any sum Owner is entitled to set off against Engineer's
recommendation, including but not limited to liquidated
damages, will become due and , will be paid by Owner to
Contractor.
14.08 Final Completion Delayed
A. If, through ao fault of Contractor, final
completion of the Work is significantly delayed, and if
Engineer so confirms, Owner shall, upon receipt of
Contractor's final Application for Payment (for Work
fully completed and accepted) and recommendation .of
Engineer, and without terminating the Contract, make
payment of the balance due for that portion of the Work
fully completed and accepted. If the remaining balance. to
be held by Owner for Work sot fully completed or
corrected is less than the retainage stipulated in the
Agreement, and if bonds have been fiunished as required
in Paragraph 5.01, the written consent of the surety to the
payment of the balance due for that portion of the Work
fully completed and accepted shall be submitted by
Contractor .to Engineer- with the Application for such
paymeatr Such paymem shall be made wader the terms
and conditions governing final payment, except that it
shall not constitute a waiver of Claims.
14.09 Waiver of Claims
A. The making and acceptance of final payment
will constitute:
1. a waiver of all Claims by Owner against
Contractor, except Claims arising from unsettled Liens,
from defective Work appearing after final inspection
pursuant to Paragraph 14.06, from failure to comply with
the Contract Documents or the terms of any special
guarantees specified therein, or from Contractor's
continuing obligations under the Contract Documents;
and
with the requirements herein and expressly acknowledged
by Owner in writing as still unsettled.
ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION
15.01 Owner May Suspend Work
A: At any time and without cause, Owner may
suspend the Work or any portion thereof for a period of
not more than 90 consecutive days by notice in writing to
Contractor and Engineer which will fix the date on which
Work will be resumed. Contractor shall resume the Work
on the date so. fixed. Contractor shall be granted an adjust
meat in the Contract Price or as extension of the Contract
Times, or both, directly attributable to any such
suspension if Contractor makes a Claim therefor as
provided in Paragraph 10.05.
15.02 Owner May Terminate for Cause
A. The occurrence of any one or more of the
following events will justify termination for cause:
1. Contractor.'s persistent failure to perform the
Work in accordance with the Contract Documents
(including, but sot limited to, Endure to supply sufficient
skilled workers ~ or suitable materials or equipment or
failure to adhere to the Progress Schedule established
under Paragraph 2.07 as adjusted from time to time
pursuant to Paragraph 6.04);
2. Contractor's disregard of Laws or Regulations
of any,public body having jurisdiction;
3. Contractor's disregard of the authority of
Engineer; or
4. Contractor's violation in any substantial way
of any provisions of the Contract Documents.
B. If one or more of the events identified in
Paragraph 15.02.A occur, Owner may, aRer giving
Contractor (and surety) seven days written notice of its
intent to terminate the services of Contractor.
1. exchuie Contractor From the Site, and take
possession of the Work and of all Contractor's tools,
appliances, construction equipment, and machinery at the
Site, and use the same to the full extent they could be
used by Contractor (without liability to Contractor for
trespass or conversion),
2. incorporate in the Work all materials and
equipment stored at the Site or for which Owner has paid
Contractor but which are stored elsewhere, and
2. a waiver of all Chums by Contractor against
Owner other than those previously made in accordance
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00700 - 39
3. complete the Work as Owner may deem
expedient.
C. If Owner proceeds as provided in Paragraph
15.028, Contractor shall not be entitled to receive any
fiuther payment until the Work is completed. If the
unpaid balance of the Contract Price exceeds all claims,
costs, losses, and damages (including but not limited to all
foes and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other
dispute resolution costs) sustained by Owner arising out
of or relating to completing the Work, such excess will be
paid, to Contractor. If such claims, costs, losses, and
damages exceed such unpaid balance, Contractor shall
pay the difference to Owner. Such claims, costs, losses,
and damages incurred by Owner will be reviewed by
Engineer as to their reasonableness and, when so
approved by Engineer, incorporated in a Change Order.
When exercising .any rights or remedies under this
Paragraph Owner shall not be required . to obtain the
lowest price for the Work performed.
D. Notwithstanding Paragraphs 15.028 and
15.02.C, Contractor's services will not be terminated if
Contractor begins within sevar days of receipt of notice
of intent to terminate to .correct its failure to perform and
proceeds diligently to cure such.failure within no more
than 30 days of receipt of said notice.
E. Where Contractor's services have. been so
terminated by Owner, the termination will not affect any
rights or remedies of Owner against Contractor then
existing or which may thereafter accrue. Any retention or
payment of moneys due Contractor by Owner will not
release Contractor from liability.
F. If and to the extent that Contractor has
provided a performance bond under the provisions of
Paragraph S.O1.A, the termination procedures of that bond
shall supersede the provisions of Paragraphs 15.028, and
15.02.C.
15.03 Owner May Terminate For Convenience
A. Upon seven days written notice to Contractor
and Engineer, Owner may, without cause and without
Prejudice to any other right or remedy of Owner,
terminate the ContracK. In such case, Contractor shall be
paid for (without duplication of any items):
1. completed and acceptable Work executed in
accordance with the Contract Docume~s 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 famishing
labor, materials, or equipment as required by the Contract
Documents in connection with uncompleted Work, plus
fair and reasonable sums for overhead and profit on such
expenses;
3. all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) incurred in settlement of terminated contracts with
Subcontractors, Suppliers, and others; and
4. reasonable expenses directly attributable to
termination.
B. Contractor shall not be paid on account of loss
of anticipated profits or revenue or other economic loss
arising out of or resulting fiom such termination.
15.04 Contractor May Stop Work or Terminate
A. If, through no act or fault of Contractor, (i)
the Work is suspended for more than 90 consecutive days
by Owner or under an order of court or other public
authority, or (ii) Engineer fails to act.on any Application
for Payment within 30 days after it is submitted, or (iii)
Owner fails for 30 days to pay Contractor any sum finally
determined to be due, then Contractor may, upon seven
days written notice to Owner and Engirieet, and provided
Owner or Engineer do not remedy such suspension or
failure within that time, terminate the Contract and
recover from Owner payment on the same terms as
provided in Paragraph 15.03.
B. In liar of terminating the Contract and
without .prejudice to~ any. other right or remedy, if
Engineer has failed to act on an Application for Payment
within 30 days after it is submitted, or Owner has failed
for 30 days to pay Contractor any sum finally determined
to be due, Contractor may, seven days after written notice
to Owner and Engineer, stop the Work until payment is
made of all such amounts due Contractor, including
interest thereon. The provisions of this Paragraph 15.04
are not intended to preclude Contractor from making a
Claim under Paragraph 10.05 for an adjustment in
Contract Price or Contract Times or otherwise for
expenses or damage directly attributable to Contractor's
stopping the Work as permitted by this Paragraph.
ARTICLB 16 -DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Either Owner or Contractor may request
mediation of any Claim submitted to Engineer for a
decision under Paragraph 10.05 before such decision
becomes final and binding. The mediation will be
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00700 - 40
governed by the Construction Industry Mediation Rules
of the American Arbitration Association in effect as of the
Effective Date of the Agreement The request for
mediation shall be submitted in writing to the American
Arbitration Association and the other party to the
Contract. Timely submission of the request shall stay the
effect of Paragraph lO.OS.E.
B. Owner and Contractor shall participate in the
mediation process is good faith. The process shall be
concluded within 60 days of filing of the request. The
date of termination of the mediation shall be determined
by application of the mediation rules referenced above.
C. If the Claim is not resolved by mediation,
Engineer's action under Paragraph 10.O5.C or a denial
pursuant to Paragraphs 10.O5.C.3 or 10.O5.D shall become
final and binding 30 days after termination of the
mediation unless, within that time period, Owner or
Contractor:
1. elects in writing to invoke any dispute
resolution process provided for in the Supplementary
Conditions, or
2. agrees with the other party to submit the
Claim to another dispute resolution process, or
3. gives written notice to the other party of their
intent to submit the Claim to a court of competent
jurisdiction.
ARTICLB 17 -MISCELLANEOUS
17.01 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:
1. delivered in person to the individual or to a
member of the firm or to as officer of the corporation for
whom it is intended, or
2, delivered at or sent by registered or certified
ma>7, postage prepaid, to the last business address known
to the giver of the notice.
17.02 Computation of TTrmes
A. When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If
the last day of any such period falls on a Saturday or
Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day will be omitted from the
computation.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto are in addition to, and are
not to be construed is any way as a limitation o~ any
rights and remedies available to any or all of them which
are otherwise imposed or available by Laws or Regula-
tions, by special warranty or guarantee, or by other
provisions of. the Contract Documents. The provisions of
this Paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with
each particular duty, obligation, right, and remedy to
which they apply.
17.04 Survival of Obligations
A. All representations, indemnifications, watian
ties, and guarantees made in, required by, or given in
accordance with the Contract Documents, ~as well as all
continuing obligations indicated in the Contract Docu-
ments, will survive final payment, completion, and
acceptance of the Work or termination or completion of
the Contractor termination of the services of Contractor.
17.05 Controlling Law
A. This Contract is to be governed by the law of
the state in which the Project is located.
17.06 Headings
A. Article and paragraph headings are inserted
for convenience only and do not constitute parts
of these General Conditions.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright ®2002 National Sodety of Professional Engineers for EJCDC. All rights reserved.
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